Peyote

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Chronicle AM: AZ MJ Probable Cause Conundrum, CDC Warns on MedMJ Edibles, Peyote Protest, More (7/24/15)

Two Arizona appeals court panels have offered up clashing rulings this week on whether the smell of pot is still probable cause for a search, Michigan initiative fundraising reports tell an interesting story, changes in Washington state's medical marijuana program go into effect today, and more.

Peyote buttons, sacrament of the Native American Church. (wikipedia.org)
Marijuana Policy

Arizona Appeals Court Upholds Search Based on Marijuana Odor. Whether the odor of marijuana is probable cause for a search or a search warrant now looks like an issue heading to the state Supreme Court. Just days after one appeals court panel ruled that the state's medical marijuana law means it is not grounds for a search warrant, a second panel has ruled that it is. In Thursday's case, the appeals court upheld the actions of police officers who searched a vehicle after they smelled burnt marijuana. The panel held that the medical marijuana law didn't make marijuana legal, but only provided immunity from prosecution to those who had medical marijuana ID cards. "The fact that a registered patient under the AMMA with a valid registry identification card can affirmatively claim immunity from arrest, prosecution or penalty for possession of use of marijuana .... does not eliminate the significance of the smell of marijuana as an indicator of criminal activity in this case," Judge Samuel Thumma wrote.

Grassroots Effort Leads in Fundraising Among Michigan Legalization Initiatives. Campaign finance reports reveal that the Michigan Cannabis Coalition (MCC), backed by wealthy Oakland County interests, has only $1,000 in the bank, while the grassroots MILegalize has raised $60,000, with more than $100,000 in matching funds pledged. MCC got a $21,000 donation from an Oakland county Republican political operative, but the same day, it sent a $20,000 check to signature-gathering firm. A third group, the Michigan Responsibility Council, which wants to create a cultivation monopoly like the one championed by ResponsibleOhio, appears to have gone quiet. Its website is defunct, it hasn't displayed any initiative language, and it will not reveal the identities of its leaders.

New Hampshire Poll Has Strong Support for Legalization. A new WMUR Granite State poll has support for legalization at 60% and support for decriminalization even higher at 72%. Support has climbed six points for legalization and nine points for decriminalization since the last WMUR Granite State poll in May. The state legislature has considered legalization, but has so far refused to pass it. Click on the link for more poll results and methodology.

Medical Marijuana

CDC Warns of "Potential Danger" From Edibles. The Centers for Disease Control and Prevention (CDC) today released a report citing the case of a Wyoming college student who fell to his death after eating edibles in Colorado to warn of the "potential danger" with the products. "Although the decedent in this case was advised against eating multiple servings at one time," the CDC article says, "he reportedly consumed all five of the remaining servings of the THC-infused cookie within 30-60 minutes after the first serving." The CDC noted that the coroner in the case listed "marijuana intoxication" as a contributing factor in the death, which was classified as an accident.

Washington State Medical Marijuana Program Changes Now In Effect. Recently passed legislation designed to bring the program in line with the state's legalization system went into effect today. The Liquor Control Board is now the Liquor and Cannabis Control Board, PTSD and traumatic brain injury are now considered qualifying conditions, a voluntary patient database (which patients must join if they want the tax breaks for medical marijuana) is now in effect, the number of plants in a household is limited to 15 no matter how many patients live there, and doctors who write more than one medical marijuana authorization a day must report their totals to the Department of Health.

Peyote

Salt Lake City Religious Freedom Rally Calls for End to Utah Ban on Sacramental Use. Protesters gathered at the state capital in Salt Lake City Thursday to advocate for the right to use peyote as part of their religious observances. The demonstration was organized by the Tahteya Topa (Four Winds) Native American Church of Utah, which is allowed under federal law to use the cactus for religious purposes. The Utah law bans anyone who is not at least one-quarter Indian from using it for religious purposes. "It's supposed to be 25% [Native American heritage], but what they're really doing is trying to kill a religion by saying you have to have a certain blood… Religion is not about race," said the church's David Hamblin.

Czechs Decriminalize Peyote, Magic Mushroom Growing

Under changes in Czech drug policy approved November 28 by the Cabinet, growers of psychedelic cacti and fungi will no longer face criminal punishment. The hallucinogenic plants will be removed from the government's drug "black list," meaning that cultivation of more than "small" amounts will no longer be a crime.

Psilocybe cubensis, the magic mushroom. (Image via Wikimedia.org)
Peyote and magic mushrooms were originally included on the list when the Czech's reformed their drug laws in 2009, making the Czech Republic one of the most liberal in Europe on drug policy. But amateur cactus growers who said they had no intention of consuming their plants complained that the drug reforms effectively criminalized them for pursuing their hobbies.

The 2009 reforms decriminalized the possession and cultivation of small amounts of marijuana, as well as the possession of small amounts of other drugs.

Last week's adjustment of the reforms actually tightened up a bit on the issue of marijuana cultivation. They include a change in the way marijuana's potency is calculated. Previously, authorities measures the amount of THC in pot plants by measuring the content of the whole plant; now, they will only measure the content of the flowers, where the THC is most concentrated. That means some pot cultivators who are growing low-potency marijuana will not be able to escape drug law enforcers.

Czech Republic

Scarcity of Peyote Means Hard Times for Legal Dealers

Location: 
TX
United States
When the state of Texas licensed him as a peyote distributor in 1990, Mauro Morales put a sign in his front yard with his name and phone number: "Peyote Dealer. Buy or Sell Peyote." But, the hallucinogenic cactus is becoming more difficult to find because many ranchers have stopped allowing peyote harvesters on their land, preferring to plow the grayish-green plant under so cattle can graze. Peyote is legal for use in some American Indian religious ceremonies, and since the mid-1970s, the Texas has licensed a small number of people to sell it to members of the Native American Church.
Publication/Source: 
Native American Times (OK)
URL: 
http://www.nativetimes.com/index.php?option=com_content&view=article&id=4579:scarcity-of-peyote-means-hard-times-for-dealers&catid=43&Itemid=19

Reducing Penalties for Crack and Peyote...But When Marijuana? (Opinion)

The Marijuana Policy Project's executive director, Rob Kampia, reflects on advocating changes in marijuana policy in light of reductions in penalties with regard to crack cocaine and peyote. He says it's all about framing the issue.
Publication/Source: 
The Huffington Post (CA)
URL: 
http://www.huffingtonpost.com/rob-kampia/reducing-penalties-for-cr_b_711065.html

Europe: Czech Government Announces Decriminalization Quantities; Law Goes Into Effect on New Year’s Day

The Czech cabinet Monday approved a Justice Ministry proposal that sets personal use quantity limits for illicit drugs under a penal code revision that decriminalizes drug possession in the Czech Republic. The law and its quantity limits will take effect on January 1. The Czech government had approved the decriminalization law late last year, but failed to set precise quantities covered by it, instead leaving it to police and prosecutors to determine what constituted a “larger than small” amount of drugs. The resulting confusion--and the prosecution of some small-scale marijuana growers as drug traffickers--led the government to adopt more precise criteria. Under the new law, possession of less than the following amounts of illicit drugs will not be a criminal offense: Marijuana 15 grams (or five plants) Hashish 5 grams Magic mushrooms 40 pieces Peyote 5 plants LSD 5 tablets Ecstasy 4 tablets Amphetamine 2 grams Methamphetamine 2 grams Heroin 1.5 grams Coca 5 plants Cocaine 1 gram Possession of “larger than a small amount” of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is two years. Trafficking offenses carry stiffer sentences. Justice Minister Daniela Kovarova said that the ministry had originally proposed decriminalizing the possession of up to two grams of hard drugs, but decided that limits being imposed by courts this year were appropriate. "The government finally decided that it would stick to the current court practice and drafted a table based on these limits," Kovarova said. The Czech Republic now joins Portugal as a European country that has decriminalized drug possession.
Location: 
Prague
Czech Republic

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