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Medical Marijuana Update

Last week's reservation raid in California reverberates, dispensaries move a step closer in Maryland, a medical marijuana bill advances in South Carolina, and more.

California

Last Friday, the Pinoleville Pomo Nation responded to a raid on its collective grow operation. The tribe said Mendocino County Sheriff Tom Allman "overstepped his authority, violated tribal sovereignty, and acted outside of his legal jurisdiction" in the raid last Tuesday, in which deputies "seized and destroyed property that belonged to the tribe's cannabis collective." Allman argued that the operation was illegal because it was for profit, but the tribe says it will "seek all legal remedies against the Mendocino County Sheriff's Office" for damages from the raid.

Maryland

Last Thursday, the attorney general's office clarified that counties cannot ban dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

On Monday, the state began taking applications for medical marijuana businesses. The Maryland Medical Cannabis Commission is accepting applications for state licenses for growers, processors, and dispensaries. The commission will issue 15 licenses for growers, up to 92 for dispensaries, and an unlimited number for processors. The deadline for applications is November 6, and dispensaries could be stocked and open by next fall. Click on the commission link for more details.

Minnesota

Last Friday, lawmakers and regulators got an earful from patients at a hearing. The task force overseeing the state's medical marijuana program heard from patients and providers at a hearing last Friday, with complaints about high prices and logistical problems getting lots of attention. Click on the link for more details.

South Carolina

Last Thursday, a medical marijuana bill won a Senate panel vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672 a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.

Oregon

Beginning Thursday, some dispensaries will start selling to non-medical users. More than half of the state's 345 medical marijuana dispensaries have told the Health Authority they plan to sell recreational marijuana starting Thursday, October 1. Recreational marijuana has been legal in the state since July 1, but recreational pot shops won't be open until next year, so the state is allowing dispensaries to fill the void.

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

Chronicle AM: Midwest Asset Forfeiture Moves, Puerto Rico Decriminalizes, More (9/30/15)

Puerto Rico decriminalizes, polls in Texas and Canada show strong majorities for marijuana law reform, Ohio and Michigan are moving on asset forfeiture reform, DEA agents flunk drug tests with few consequences, and more.

The Dutch Supreme Court says foreigners can be banned from cannabis cafes, but the cafes don't seem to be paying attention.
Marijuana Policy

Puerto Rico Decriminalizes Possession of Up to Six Grams. Gov. Alejandro Padilla Garcia Monday signed an executive order decriminalizing the possession of up to six grams of marijuana. Instead of criminal proceedings, people caught with small amounts of pot will be subject to a fine, or possibly drug treatment. The governor cited the high cost of prosecuting small-time offenders.

Texas Poll Has Three-Quarter Support for Marijuana Reform. Nearly three out of four Texans are ready to liberalize the state's marijuana laws, according to a new Texas Lyceum Poll. The poll had support for legalization at 46%, with another 28.5% supporting decriminalization. That's 74.5% for liberalization. Only 19.5% opposed both legalization and decriminalization. Clink on the link for more poll details and methodology.

Asset Forfeiture

Michigan Attorney General Backs Asset Forfeiture Reforms. Attorney General Bill Schuette (R) is supporting a package of civil asset forfeiture reform bills. The bills, which have already passed the House, wouldn't entirely eliminate civil asset forfeiture, but would increase the burden of proof on law enforcement to keep seized property and would require more transparency. "On this issue of forfeiture and transparency, as a lawyer and as attorney general, I'm in support of these seven bills," Schuette said Tuesday during a press call organized by Fix Forfeiture, a national and bipartisan group advocating for reform. "This is a good effort. A good team effort."

Ohio GOP Legislators File Bill to End Civil Asset Forfeiture. Nineteen House Republicans cosponsored a bill Tuesday that would eliminate civil forfeiture under state law and only allow criminal forfeiture after a defendant is convicted of a crime. The lead sponsor is Rep. Robert McColley (R-Napoleon). The bill is not yet on the legislative website.

Law Enforcement

DEA Agents Fail Drug Tests, But Face No Serious Consequences. At least 16 DEA employees have failed drug tests, but only got short suspensions or other minor punishments, according to newly released documents. None was punished with being fired, and most were suspended for a day or two. Click on the title link for much, much more.

International

Canada Poll Has Strong Majority Supporting Marijuana Reform. A new Vote Compass poll has support for marijuana legalization at 56%, with another 30% saying they supported decriminalization. That's 86% in favor of liberalizing the country's marijuana laws. Only 14% said possession should remain a criminal offense, the position of the Conservatives in next month's elections. The Liberals are calling for legalization, while the New Democrats are calling for decrim. Click on the link for more polling details, methodology, and discussion.

Dutch Supreme Court Upholds Ban on Tourists in Cannabis Cafes. The Supreme Court ruled Tuesday that the country can ban foreign nationals from cannabis cafes because such a move does not conflict with European anti-discrimination legislation. The Supreme Court cited a 2010 European Court of Justice ruling that said restricting sales to foreigners is "justified by the objective of combating drug tourism." But the ban appears to operate mainly in the breach. A 2013 survey showed two-thirds of cannabis cafes were selling to foreigners.

Chronicle AM: OR Marijuana Sales Begin This Week, FDA Defends Oxycontin for Youth, More (9/29/15)

Half of Oregon's dispensaries will start selling marijuana to any adult beginning this week, the FDA fires back at critics of its pediatric prescribing rules for Oxycontin, a prominent UN official lists the ways the drug "problem" impacts human rights, and more.

The FDA counters critics who say its rules for pediatric prescribing will increase availability. (wikipedia.org)
Marijuana Policy

Florida Legalization Bill Filed. Rep. Michelle Rehwinke Vasilinda (D-Tallahassee) has introduced a bill to legalize marijuana. The measure is House Bill 4021. This is the second time she has filed the bill.

Oregon Dispensaries to Start Selling to Recreational Users This Week. More than half of the state's 345 medical marijuana dispensaries have told the Health Authority they plan to sell recreational marijuana starting Thursday, October 1. Recreational marijuana has been legal in the state since July 1, but recreational pot shops won't be open until next year, so the state is allowing dispensaries to fill the void.

Medical Marijuana

Maryland Now Taking Applications for Medical Marijuana Businesses. As of Monday, the Maryland Medical Cannabis Commission is accepting applications for state licenses for growers, processors, and dispensaries. The commission will issue 15 licenses for growers, up to 92 for dispensaries, and an unlimited number for processors. The deadline for applications is November 6, and dispensaries could be stocked and open by next fall. Click on the commission link for more details.

Heroin and Prescription Opiates

FDA Rejects Critics on Oxycontin for Youth. In response to critics including US senators, the Food and Drug Administration (FDA) has defended its decision last month to allow the prescribing of the powerful opioid to pediatric patients. Critics accused the agency of expanding access to the drug, but the FDA said doctors could already prescribe Oxycontin to pediatric patients and the agency was merely setting prescribing standards. "It's important to stress that this approval was not intended to expand or otherwise change the pattern of use of extended-release opioids in pediatric patients," said FDA spokesman Eric Pahon said in a statement. "Doctors were already prescribing it to children, without the safety and efficacy data in hand with regard to the pediatric population."

Drug Policy

UN Official Says Drug "Problem" Violates Human Rights in Five Areas. UN Deputy Commissioner for Human Rights Flavia Pansieri said Monday that the global drug "problem" violates human rights in the areas of the right to health, rights relating to criminal justice and discrimination, the rights of the child, and the rights of indigenous peoples. "It is clear that the world's drug problem impacts the enjoyment of a wide range of human rights, often resulting in serious violations," said Pansieri, "It is, nevertheless, a positive development that human rights are increasingly being taken into account in the preparations for the General Assembly's Special Session on the world drug problem to be held in April 2016." The remarks came during her report to the High Commissioner on Human Rights.

Harm Reduction

New York Governor Signs Bill to Expand Opiate Maintenance in Drug Courts. Gov. Andrew Cuomo (D) last Friday signed into law Senate Bill 4239, which prohibits drug court judges from forcing defendants to withdraw from opiate maintenance treatments as a condition of avoiding prison. Click on the title link for more details.

International

New Zealand Activists Call for Party Pill Drug Testing. The New Zealand Drug Foundation is calling on the government to legalize pill testing services. Foundation Executive Director Ross Bell said it was only a matter of time until someone died taking pills of unknown provenance. He added that the government routinely tests drugs for criminal justice purposes, and that those results should be made available as a public health measure. The government said it hadn't considered pill testing, but was open to the possibility in the future.

Chronicle AM: Cannabis Social Clubs An Issue, NYC Psychedelics Conference, Argentine Election, More (9/25/15)

The issue of marijuana social clubs is bubbling up in Alaska and Colorado, a second Massachusetts legalization initiative gets ready to collect signatures, Oklahomans really don't like asset forfeiture, and more.

A conference on psychedelics is coming to New York City next month.
Marijuana Policy

Federal Bill Would End Students Losing Financial Aid for Getting Caught With a Joint. Rep. Earl Blumenauer (D-OR) has filed HR 3561, which would protect students who get arrested for misdemeanor marijuana possession offenses from losing access to financial aid. Under the 1998 version of the Higher Education Act (HEA), students with drug convictions lost financial aid, but that law was later walked back to apply only to students in school and receiving financial aid at the time of their offense. Blumenauer's bill would exempt students caught with marijuana from that punishment.

Alaska Set to Ban Cannabis Social Clubs. The state Marijuana Control Board has accepted draft language that would ban businesses allowing on-site pot smoking. The board said such businesses are not a type that was specified in the initiative that legalized marijuana in the state. If Alaskans want marijuana social clubs, it will now be up to them to convince the legislature to create legal space for them.

Colorado Bill Will Allow Marijuana Social Clubs. Rep. Kit Loupe (R-Colorado Springs) says he has drafted a bill that would create a retail marijuana club license. Marijuana users would be allowed to consume at the club, and the clubs could also serve alcohol and food, if licensed to do so. He says he will introduce the bill when the legislature convenes in January.

Second Massachusetts Legalization Initiative Campaign Kicks Off Tomorrow. It's the 26th Annual Boston Freedom Rally this weekend, and Bay State Repeal is using the occasion to launch the signature gathering drive for its legalization initiative. Another initiative campaign, the Marijuana Policy Project-affiliated Campaign to Regulate Alcohol Like Marijuana, got going on signature-gathering earlier this week.

Medical Marijuana

Oregon Seeking Members for Medical Marijuana Task Force. The state Health Authority's Public Health Division said Thursday it is seeking applicants to serve on a newly created Task Force on Researching the Medical and Public Health Properties of Cannabis (the Cannabis Research Task Force). Those interested need to fill out this form by September 30.

Heroin and Prescription Opiates

Massachusetts Opioid Abuse Bill Would Mandate Screening of School Students. A wide-ranging bill to deal with heroin and opiate use being finalized by state Senate leaders would include mandatory drug screening of junior and high school students. While it is only a drug "screening," not a drug test, the provision is raising privacy and confidentiality concerns among some lawmakers. Click on the link for more discussion.

Psychedelics

Psychedelics Conference in New York City Next Month. The annual Horizons: Perspectives on Psychedelics conference will take place in New York City on October 9-11. "In recent years, a growing community of scientists, doctors, artists, activists, seekers and scholars has orchestrated a renaissance in psychedelic thought and practice. Horizons is a unique forum that brings together the brightest minds and the boldest voices of this movement to share their research, insights and dreams for the future," according to the Drug Policy Alliance, which is a partner in the conference. Click on the links for more information.

Asset Forfeiture

Oklahoma Poll Has Overwhelming Support for Civil Asset Forfeiture Repeal. A new SoonerPoll shows strong public antipathy toward asset forfeiture and strong support for ending asset forfeiture without a criminal conviction. Some 70% said they would support "legislation that would allow law enforcement only to keep property when a criminal conviction is achieved" and 78% said they agreed that "law enforcement keeping confiscated property without a conviction denies those of their constitutional right of due process is un-American." The poll comes as the legislature ponders asset forfeiture reform.

Drug Policy

Massachusetts Senate Passes Bill to Repeal Drivers' License Suspensions for Non-Driving Drug Offenses. The state is one of handful that still maintain such laws, but perhaps for not much longer. Senate Bill 2014 has passed the Senate and now heads to the House.

International

Argentine Presidential Candidates Ignore Experts, Call for More Drug War. The top three hopefuls in this year's presidential race -- Sergio Massa, Mauricio Macri, and Daniel Scioli -- all are calling for a tougher drug war, but Argentine scholars and experts say they are only deepening failed policies. More than a hundred scholars have signed a document, The Drug Issue in Argentina, that says maintaining, let alone deepening, existing prohibitionist policies is not the right way to go. Click on the links for more.

Tomorrow is the Anniversary of the Disappearance of Mexico's Ayotzinapa Students. A year ago Saturday, 43 students from a teachers college went missing in Iguala, Guerrero. They still haven't been found, and their disappearance has revealed links between local politicians, local law enforcement agencies, and drug gangs in a scandal that has severely tarnished the reputation of President Enrique Pena Nieto. The families are keeping the pressure on. Click on the link for more.

Chronicle AM: VT Poll Says Legalize, SC MedMJ Moves, Naloxone OTC at CVS in 14 States, More (9/24/15)

An increasing majority supports marijuana legalization in Vermont, a second Wisconsin Indian tribe moves toward allowing marijuana, a major national drugstore chain makes naloxone available over the counter, and more.

Public opinion appears headed to making Vermont a Green Bud state as well as a Green Mountain state. (wikimedia.org)
Marijuana Policy

New Vermont Poll Has Support for Legalization at 56%. A new Castleton Polling Institute survey has majority support for legalization, and it's up two points from the same poll earlier this year. The poll comes as state lawmakers prepare an effort to become the first state to legalize marijuana through the legislative process. Click on the poll link for more details and demographic and methodological information.

Washington State Merger of Medical Marijuana Into Legal Sales System Advances. The state is folding medical marijuana into the legal marijuana system, and the state Liquor and Cannabis Control Board announced Wednesday it will accept applications for new retail stores for the first time since 2013 beginning on October 12. Existing, non-licensed dispensaries will have a chance to apply for sales licenses; those without a sales license will have to shut down by next July.

Second Wisconsin Tribe Moves to Okay Marijuana on the Rez. The Ho-Chunk Nation tribal council voted over the weekend to end a policy that made marijuana use and sale on tribal lands illegal. The Ho-Chunks say that is just the first step on a path toward possible marijuana sales on tribal lands. Last month, the Menominee Nation also endorsed the possible legalization of weed.

Medical Marijuana

Maryland Attorney General's Office Clarifies That Counties Cannot Ban Dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general has issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

South Carolina Medical Marijuana Bill Wins Senate Panel Vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672, a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.

Harm Reduction

CVS Will Make Overdose Reversal Drug Available Without Prescription in 12 More States. The CVS pharmacy chain announced Wednesday that it will make available without prescription the anti-overdose drug naloxone (Narcan) to opiate users, friends, and family members. "Over 44,000 people die from accidental drug overdoses every year in the United States and most of those deaths are from opioids, including controlled substance pain medication and illegal drugs such as heroin," Tom Davis, vice president of pharmacy professional practices at CVS, said in a statement. "Naloxone is a safe and effective antidote to opioid overdoses and by providing access to this medication in our pharmacies without a prescription in more states, we can help save lives." Wednesday's announcement will affect CVS pharmacies in Arkansas, California, Minnesota, Mississippi, Montana, New Jersey, North Dakota, Pennsylvania, South Carolina, Tennessee, Utah and Wisconsin. The chain already provides the drug without prescription in Massachusetts and Rhode Island.

International

Pakistan Targets Marijuana Cultivators in Bid to Assert Control, Fight Extremists. Peasant marijuana cultivators in the country's wild and remote Northwest territories are being squeezed by a military and paramilitary effort to exert effective control over the area and stamp out extremism. The authorities view the marijuana trade as a source of financing for the radicals, but it's also a lifeline for impoverished locals. Click on the link for an extensive report.

Chronicle AM: CA Cops Raid Indian Reservation Grow, Colombia Announces New Drug Strategy, More (9/23/15)

The era of aerial herbicide spraying of Colombia's coca crops is at an end, California cops raid an Indian reservation marijuana operation, medical marijuana bills are moving in Michigan, and more.

no more spraying Roundup on Colombia's coca fields (wikipedia.org)
Marijuana Policy

Massachusetts High Court Bans Traffic Stops Solely for Suspected Marijuana. The state Supreme Judicial Court ruled Tuesday that police can't stop motorists simply because they suspect the vehicle's occupants may possess pot. The state decriminalized possession of up to an ounce in 2008, and the court based its ruling on that. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the decriminalization law, Justice Margot Botsford wrote for the majority. The case is Commonwealth v. Rodriguez.

Medical Marijuana

California Indian Reservation "Megagrow" Raided by Mendocino County. Mendocino County sheriff's deputies Tuesday raided a commercial marijuana cultivation operation on the Pinoleville Pomo Nation reservation in Ukiah, cutting down about 400 plants, seizing about 100 pounds of trimmed buds, and an undetermined quantity of cannabis oil. The county maintains the operation is illegal under the state's medical marijuana laws.

Michigan House Panel Advances Medical Marijuana Bills. The House Judiciary Committee Tuesday passed a package of bills aimed at legalizing dispensaries and edible forms of medical marijuana. The bills have tighter rules than similar measures that failed last year, and some patient advocates are grumbling. Seed-to-sale tracking is one new addition; an 8% excise tax is another. Now it will be up to the legislature's GOP leadership to advance the bills or not.

New Jersey Will Get a Fourth Dispensary. The state Department of Health has issued a permit for Compassionate Sciences in Bellmawr. It will becomes the state's fourth dispensary when it opens next month.

Pennsylvania Patients, Parents Demand Action on Medical Marijuana Bill. Supporters of delayed medical marijuana legislation rallied at the state capitol Tuesday to urge solons to act on a pending bill. A bill passed the state Senate in May, and House leaders earlier this summer created a group to draft a version that would pass in the GOP-led chamber. Protestors urged House leaders to just hold a vote on the Senate-passed bill.

International

Colombia Shifts on Drug Policy; No More Aerial Eradication. President Juan Manuel Santos Tuesday unveiled a new drug strategy for Colombia that will emphasize alternative development, with forced manual eradication of coca crops to be used as a last resort. There will be no more US-backed aerial spraying of crops with herbicides.

Medical Marijuana Update

A sitting US senator addresses the marijuana industry, California cops raid an Indian reservation grow op, Florida signature-gathering for another initiative is well underway, and more.

National

On Monday, a US senator addressed an industry meeting and called for the feds to butt out. Sen. Kirsten Gillibrand (D-NY) spoke at the National Cannabis Industry Association meeting in New York and told industry professionals she is pushing a bill she cosponsored last March with Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) that would bar the federal government from interfering with marijuana in states where it is legal, either medicinally or recreationally. "There's a conflict between state and federal statute that confuses doctors, patients and providers alike," she said. "People aren't sure what's legal, what's not, and the gray area that resulted is hindering health care and the industry's development."

California

Last Thursday, a union organizer was indicted on federal corruption charges. Dan Rush, a pioneer in organizing marijuana industry workers for the United Food and Commercial Workers (UFCW), was indicted on federal corruption, attempted extortion, and money laundering charges in Oakland. Rush is accused of using his position "to obtain money and other things" over a five-year period. He is accused of taking kickbacks from an attorney for referring medical marijuana business clients to him and of accepting $550,000 in debt forgiveness from a dispensary operator (who was also acting as an FBI informant at the time). Rush and his attorneys have denied the charges.

Last Friday, a state monopoly medical marijuana initiative was filed. Foes of marijuana reform in the Golden State have filed an initiative that would eliminate private marijuana cultivation and privately-owned dispensaries "in the interest of public safety." They would be replaced by one "state-owned cultivation site," which would supply "state-owned dispensaries." The initiative would also raise the minimum age for patients from 18 to 21. The initiative's proponents include anti-marijuana campaigner the Rev. Ron Allen, Citizens Against Legalizing Marijuana, and the Take Back America campaign.

On Tuesday, California cops raided an Indian reservation grow operation. Mendocino County sheriff's deputies Tuesday raided a commercial marijuana cultivation operation on the Pinoleville Pomo Nation reservation in Ukiah, cutting down about 400 plants, seizing about 100 pounds of trimmed buds, and an undetermined quantity of cannabis oil. The county maintains the operation is illegal under the state's medical marijuana laws.

Connecticut

Last Friday, dispensaries came a step closer to reality. The state Department of Consumer Protection announced that it has received 19 new applications for dispensaries in response to its June request. Three dispensaries will be selected to operate in New Haven or Fairfield counties.

Florida

Last Friday, initiative organizers said they had half a million signatures. The United for Care campaign to put medical marijuana on the ballot last year reports that it has already gathered 500,000 signatures. They need 683,149 valid voter signatures by February 1 to qualify. This is the same group that was behind the 2014 medical marijuana initiative, which garnered 58% of the vote, but came up short because constitutional amendments require 60% to pass.

Michigan

On Tuesday, a House panel advanced a package of medical marijuana bills. The House Judiciary Committee Tuesday passed a package of bills aimed at legalizing dispensaries and edible forms of medical marijuana. The bills have tighter rules than similar measures that failed last year, and some patient advocates are grumbling. Seed-to-sale tracking is one new addition; an 8% excise tax is another. Now it will be up to the legislature's GOP leadership to advance the bills or not.

New Jersey

On Monday, news came that the state will get a fourth dispensary. The state Department of Health has issued a permit for Compassionate Sciences in Bellmawr. It will becomes the state's fourth dispensary when it opens next month.

Pennsylvania

On Tuesday, patients and parents demanded action on pending medical marijuana legislation. Supporters of delayed medical marijuana legislation rallied at the state capitol Tuesday to urge solons to act on a pending bill. A bill passed the state Senate in May, and House leaders earlier this summer created a group to draft a version that would pass in the GOP-led chamber. Protestors urged House leaders to just hold a vote on the Senate-passed bill.

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

California Legislature Passes Historic Medical Marijuana Regulation Package [FEATURE]

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

After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos.

Fresh from working with the office of Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 just hours before the session ended.

If, as expected, Gov. Brown signs the bills into law, the medical marijuana status quo, rife with ambiguities, contradictions, and grey areas, will be transformed into a robust, strictly regulated medical marijuana industry. It won't always be painless, and there will be winners and losers.

The general consensus -- although not universal -- is that patients will benefit from the package of bills. They will gain access to quality-controlled medical marijuana through unambiguously legal means, and even though localities will retain the ability to ban dispensaries, patients will now be able to have their medicine delivered anywhere in the state.

Growers who seek the security of legality also stand to benefit. They will be able to come out from the shadows, pay their fees, get their licenses, and go about their business. But growers using the ambiguity of the state's current lack of regulation as a cover for grey or black market production will probably find their wiggle-room decreased. A similar dynamic will be at play in other sectors of the industry, including some that have operated in the open throughout the years.

"Big Marijuana," that favorite bogey-man of prohibitionists, doesn't fare so well. There are constraints on vertical integration within the industry, and the licensing scheme foreseen is tilted toward small and medium producers.

Finally, Sacramento acts. (assembly.ca.gov)
The bills will once and for all clarify to law enforcement that licensed medical marijuana producers and activities "are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law."

The bills also clarify that medical marijuana can be a profit-making and -taking industry. Some local law enforcement and prosecutors have used making a profit as a basis for charging medical marijuana operators. Now, no more.

Patients and caregivers maintain their Prop 215 rights to possess and grow their own medicine, but collectives will be phased out, and anyone who wants to grow more than a personal amount will need a license. The bills provide for 12 different types of licenses, for "specialty," small, and medium indoor, outdoor, and mixed-light commercial grows; manufacturers, testers, transporters, distributors, and dispensaries.

"This is an important and inevitable step forward. It finally lays the groundwork for a legally regulated medical cannabis distribution and production system in California," said Dale Gieringer, longtime director of California NORML.

"There was a pretty broad coalition of groups that contributed to the process of drafting the bills and who managed to more or less concur on the final thing, despite some reservations," he said in something of an understatement.

Getting the package passed required the juggling of many moving parts, not only in the state legislature and executive branch, but in balancing the interests of groups ranging from state law enforcement and local government associations to the various interest groups within the medical marijuana industry -- patients, growers, dispensary operators, manufacturers, distributors -- as well as groups, such as those concerned with environmental degradation, who see themselves impacted by the medical marijuana industry.

Making sure the proper balance was reached is going to require careful scrutiny and ongoing monitoring of rulemaking and implementation, Gieringer said.

"This is a really complicated piece of legislation, and we're combing through it carefully, looking for possible glitches," he said. "There are some problematic details, but most of the potential glitches are in the future. It's going to take at least a year for this to ramp up, and there's a new agency that has to be up by January, and we're now also going to have all these local governments starting to take a look at this and deciding what they want to do. There are hardly any jurisdictions in the state that recognize commercial cultivation, but there are probably 40,000 people doing that now. How many cities and counties are going to act to recognize and ally themselves with the growers they're already harboring?"

That's something Hezekiah Allen is wondering, too. The son of Mendocino County pot farmers, he's followed in their footsteps, but has now traded farm apparel for suit and tie as chair and executive director of the Emerald Growers Association, and was deeply involved in the sausage-making around the bills. They were overdue, he said.

"Regulation is never an easy thing to transition to, but there has been a decades long crisis due first to prohibition and then to the unregulated nature of this industry, and at the end of the day, we took a monumental and historic step toward bringing some order to this industry and creating stronger communities," he said. "It's a pretty amazing thing."

Not only does the legislation treat marijuana growing as an agricultural issue and address questions of direct relevance to producers, it also seems to support small and medium producers, Allen pointed out.

"We only ever wanted to be farmers -- that's how we should be regulated -- and cultivation is pretty firmly in the agriculture category," he said. "We also really believe in decentralized economies and small, sustainable agriculture moving forward. This legislation outlines specific policy tools to license small and medium producers, but not large ones. That's a real bias toward small and medium producers."

Allen also pronounced himself pleased that the legislation allowed for addressing things like standards for what can be called organic and standards for pesticides.

"There is a mish-mash of state-federal policy challenges, one example being organic standards," he said. "It's really challenging for us to label anything as organic given that the FDA 'owns' the term, but the state already has the Organic Produce Act, which created provisions that gives us authority to develop organic standards, and this legislation takes that another step forward."

It's a similar issue with pesticides, Allen said. There are no guidelines for pesticides with medical marijuana because the federal government hasn't established them, but the legislation encourages state regulators to develop guidelines.

"We called for this," he said.

Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group, was also deeply involved in the work in Sacramento.

"We think the regulatory bills are mostly good," said ASA press secretary Chris Brown. "We've researched licensing and regulation in the past and found it perfectly compatible with patient access. We also think it's very important to have a system in place for medical marijuana before adult use comes in, so it won't be seen as the unregulated part of a broader market."

ASA wasn't happy with everything, though.

"There was a late provision added that sets a maximum 100 square feet of cultivation space per patient," Brown noted. "We didn't know about that and we don't like it."

And there will be ongoing concerns as the regulatory rulemaking process takes shape.

"There are a lot of issues around vertical integration, and there are things we're going to have to monitor closely to see if they create problems moving forward," Brown said. "We will monitor things as they move forward, and we'll be very active in rulemaking and implementation. We have a lot of experience with that in other states, and our activists are great in terms of getting their voices heard."

Some other voices from the medical marijuana community are even less happy. At Harborside Health Center in Oakland, the state's largest dispensary, executive director and cofounder Steve DeAngelo "welcomed" the legislation, but had some "concerns."

"Harborside welcomes the long overdue enactment of statewide medical cannabis regulations -- almost two decades after Proposition 215 called for them," said DeAngelo. "However, we are concerned that time pressures made it impossible for legislators to adequately consider the impact of the new regulations on medical cannabis patients and the organizations that serve them. In addition, some of the language in the bill is unclear or may be in conflict with prior legislation. Harborside looks forward to working with lawmakers next session to address and resolve these outstanding issues."

And Steven Kubby of the American Medical Marijuana Association is threatening to sue over what he calls the "hijacking" of Proposition 215.

"Our medical cannabis rights, protected for nearly 20 years by Prop. 215, have been hijacked and Prop. 215 is under attack like never before. The new law is an unacceptable and illegal infringement on our rights under Prop. 215," said Kubby. "I'm getting calls from frightened patients who fear their own state government is planning on going after cannabis doctors as if they are some sort of dangerous threat that must be carefully supervised. Sick people cannot handle this kind of stress. Thousands of patients will die because of this calculated attempt to thwart the will of the people and deprive them of medical cannabis and the doctors who write recommendations to use the healing herb," he added.

Kubby cited the 100 square foot patient garden limit, provisions that allow localities to ban medical marijuana activitiies, and new restrictions on medical marijuana-recommending doctors.

Clearly, there remains work to be done. Potency and purity standards haven't been set yet, the dual licensing structure with both state and local permits hasn't been settled, and lots of issues remain to be hashed out by state officials charged with writing regulations to implement the bills. And the critics need to be addressed, assuaged, or proven wrong.

But California's billion dollar medical marijuana industry is about to come in from the cold.

Sacramento, CA
United States

Medical Marijuana Update

California passes historic medical marijuana regulation, Illinois blocks expanding qualifying conditions, Missouri activists gear up for a 2016 initiative, and more.

California

Last Friday, the legislature approved sweeping medical marijuana regulation. After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos. After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243,Assembly Bill 266, and Senate Bill 643. The session ended at midnight Friday. Click on the title link for more, and read our feature article on reactions to the move here.

Illinois

Last Thursday,the governor vetoed medical marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Iowa

On Wednesday, Iowa activists announced they would use their state's primary campaign to pressure candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

Missouri

Last Friday, Missouri activists said they would run a 2016 medical marijuana initiative. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Nevada

Last Wednesday, Las Vegas' only dispensary was forced to shut its doors over shortages after test samples came up dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

New Jersey

Last Tuesday, an appeals court ruled that the smell of marijuana is still enough for a warrantless search. Even though medical marijuana is legal in the state, an appeals court ruled that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

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

Chronicle AM: CO Pot Tax Holiday, Toledo Decriminalizes, So Does South Palm Beach (Sort Of), More (9/16/15)

Marijuana, marijuana, marijuana. It's almost all pot news today, from Colorado taxes to decrim in Toledo and South Palm Beach, to a new federal bill aimed at ending DEA funding of marijuana eradication, and more.

Marijuana Policy

Congressmen Introduce Bipartisan Bill to Eliminate DEA Marijuana Eradication Program. US Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) today filed a bill that would end the DEA's Domestic Cannabis Eradication/Suppression Program. That program funds state and local law enforcement efforts to find and destroy marijuana grow sites. The bill would bar the use of such funds for that purpose. It's not yet available on the congressional website.

Colorado Becomes First State to See Marijuana Tax Revenues Exceed Alcohol Tax Revenues. In the past fiscal year, the state took in $70 million in marijuana taxes, far above the $42 million it got from taxes on alcohol.

Colorado Pot Tax Holiday Today. Because of a quirk in state law, the state must suspend collecting marijuana taxes today. The state underestimated total state tax collections in 2014, which results in the automatic suspension of "new" taxes, such as those imposed on marijuana under legalization there. Pot shops expect big crowds. The taxes return tomorrow.

Toledo Decriminalization Measure Passes Overwhelmingly. Voters approved the Sensible Toledo decriminalization ordinance by a margin of more than two to one. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

West Palm Beach Approves Ordinance Giving Police Possession Ticket Option.The city council Tuesday night approved an ordinance giving police the option of issuing $100 fines instead of misdemeanor charges against people caught with 20 grams or less of weed. The move is part of a South Florida trend toward de facto decriminalization.

Medical Marijuana

Iowa Activists Use Primary Attention to Pressure Candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

International

In India's Punjab, Half of All Prisoners Are Drug Offenders. Of the 26,000 inmates behind bars in Punjab, 47% have either been convicted or are awaiting trial under the country's Narcotic Drugs and Psychotropic Substances Act. The crush of drug inmates is overwhelming jails in the state, which have an official capacity of 19,000. Many of the drug inmates are considered "addicts," and many of the state prisons have become "de-addiction centers."

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