Marijuana Legalization

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Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law

In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law.

Will they agree with the Solicitor General?
The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems."

Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause.

They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce.

But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction.

The proper jurisdiction, the Solicitor General suggested, was federal district court.

The state of Colorado is fighting the lawsuit, and the Solicitor General's brief largely followed the arguments of the state in its briefs.

Drug reformers applauded the action.

"We are pleased the DOJ agrees that this lawsuit borders on the frivolous. States have historically been allowed to establish their own criminal laws," said Jolene Forman, staff attorney for the Drug Policy Alliance. "Moreover, Colorado is putting resources into ensuring its policies follow DOJ guidelines and has worked extensively with the DOJ towards this goal."

The federal government itself has not challenged the regulatory law in Colorado, nor did they choose to interfere with its implementation. To the contrary, the government has deprioritized enforcement of state-level marijuana reforms and acknowledged the interests that both states and the Federal government have in openly regulating marijuana.

"Nebraska and Oklahoma's primary problems are their own punitive policies regarding marijuana use and possession," said Art Way, Colorado State Director of the Drug Policy Alliance. "It is not Colorado's fault these states look to spend such a high degree of law enforcement and judicial resources on marijuana prohibition. Nebraska and Oklahoma should look to establish policies based on the potential harm of marijuana as opposed to simply using marijuana as the gateway to their criminal justice systems."

"This is the right move by the Obama administration," said Tom Angell, chairman of Marijuana Majority. "Colorado and a growing number of states have decided to move away from decades of failed prohibition laws, and so far things seem to be working out as planned. Legalization generates tax revenue, creates jobs and takes the market out of the hands of drug cartels and gangs. New federal data released this week shows that as more legalization laws come online, we're not seeing an increase in teen marijuana use, despite our opponents' scare tactics," he continued.

Washington, DC
United States

Annual Study Finds Legalization Hasn't Increased Teen Use [FEATURE]

The article was written in collaboration with AlterNet and first appeared here.

The University of Michigan's annual Monitoring the Future (MTF) survey of teen drug use was released today and shows that softening attitudes toward marijuana and actual marijuana legalization in four states and Washington, DC, have not translated into increased teen pot smoking.

The survey also had generally good news about other drugs, reported declines in teen use of ecstasy, heroin, alcohol, cigarettes, and synthetic cannabinoids.

MTF has been tracking drug use, including alcohol and tobacco, since 1975, and surveys more than 40,000 8th, 10th, and 12th graders in some 400 public and private secondary schools across the country. The research is sponsored by the National Institutes on Drug Abuse.

"Marijuana, the most widely used of the illicit drugs, did not show any significant change in annual prevalence this year in any of the three grades, nor in the three grades combined," MTF reported in its press release. "After rising for several years, the annual prevalence of marijuana has more or less leveled out since about 2010."

That's significant since legalization wasn't approved in Colorado and Washington until November 2012 and in Alaska, Oregon, and Washington, DC, in November 2014. And in each case, it took some time to actually go into effect.

If legalization in the states has had any effect on teen pot use rates, the MTF figures make clear it hasn't shown up yet. Teen pot use stabilized before legalization and hasn't increased since.

While use rates have been stable for the last five years, with 12% of 8th graders, 25% of 10th graders, and 35% of seniors reporting using at least once in the past year, they are well above the historic lows that MTF reported in the early 1990s (although near the levels of the survey's earliest years in the 1970s, which, interestingly, are omitted from the tables accompanying this year's report).

The report also found that a tiny fraction of teens are using marijuana regularly. These rates stand at 1.1%, 3.0% and 6.0% in 8th, 10th and 12th grades, respectively. These rates are also higher than the historic lows from the early 1990s.

The stabilization of teen marijuana use comes even as MTF reports that the percentage of students who see its use as carrying a great risk has declined dramatically. Fewer than a third (32%) of seniors saw a great risk, down from 58% in 2005, and similar decreases obtained for 8th and 10th graders.

And it comes even as teen support for legalization grows. A June 2014 MTF report noted that, "The proportion of 12th-grade students who favor legalization of marijuana was at the highest level ever recorded" and, "The proportion of 12th-grade students who favor marijuana use as a crime is at the lowest level ever recorded by the survey."

Students for Sensible Drug Policy was quick to make the obvious point.

"Youth marijuana use is stable, and even falling in some categories, all while a growing number of states enact legalization," said Betty Aldworth, the group's executive director. "This new data solidifies early indications that the scare tactics peddled by prohibitionists are false. Criminalization isn't the way to encourage young people to make healthy choices; regulating a legal market and honest, reality-based education is."

"That fact is made even more clear by the continued reduction in youth tobacco and alcohol use. We didn't need to put anyone in handcuffs or jail cells to convince an historic number of students to avoid smoking and drinking. These reductions were achieved with honest, evidence-based public health strategies and not by criminalizing cigarettes or beer. Drug use is a health matter and should be treated that way," Aldworth concluded.

Chronicle AM: Drug Czar Calls Drug War a Failure, But..., New Yorkers Toke Up in Streets, More (12/15/15)

The New York Times discovers public pot smoking in its backyard, another Florida jurisdiction decriminalizes, Florida's medical marijuana program faces more delays, the drug czar calls the drug war a failure, and more.

Marijuana Policy

New Yorkers Are Smoking Pot on the Streets! The New York Times rather breathlessly reports it has discovered that "lighting up and strolling around seems increasingly common in pockets of Brooklyn, on side streets in Manhattan and in other public spaces." The newspaper cites street smokers are saying they are emboldened by legalization elsewhere in the country and by the low-key comments of the city's leaders, including the police commissioner. Public pot smoking remains an arrestable offense, but that doesn't appear to be stopping a lot of people, especially white people. White people make up less than 9% of those arrested for pot possession.

Florida's Palm Beach County Decriminalizes. County commissioners voted this morning to decriminalize the possession of 20 grams or less of marijuana. Officers can still arrest possessors, but now have the option of simply issuing them a $100 ticket instead. Miami-Dade County has already decriminalized, and so have several municipalities in the Greater Miami area.

Medical Marijuana

Florida Challenged Over Medical Marijuana Grower Licensing. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

Drug Policy

Drug Czar Calls Drug War a Failure, But Resists Calls to Legalize Marijuana. Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Michael Botticelli proclaimed the war on drugs a failure during a CBS "60 Minutes" interview. He said the "failed policies and failed practices" of the past were largely responsible for the country's mass incarceration problem. "It has been all wrong," he said. "We can't arrest and incarcerate addiction out of people. Not only do I think it's really inhumane, but it's ineffective, and it cost us billions upon billions of dollars to keep doing this." But he couldn't wrap his head around marijuana legalization, arguing that legal drugs kill half a million people a year and that legalizing would send the wrong message."So, we know that about one in nine people who use marijuana become addicted to marijuana. It's been associated with poor academic performance, in exacerbating mental health conditions linked to lower IQ," he said, adding that he fears states becoming co-dependent on "tax revenue that's often based on bad public health policy."

International

Ireland Proposes Drugged Driving Law That Could See "Completely Sober" Drivers Arrested. Transport Minister Paschal Donohoe is backing proposed drugged driving legislation that would allow for roadside drug testing of drivers and prosecution of drivers who had even inactive metabolites of drugs such as marijuana in their systems. When asked if the bill could lead to the prosecution of "completely sober" drivers, Donohoe replied, "yes." Under more questioning, he denied that prosecuting drivers who were not impaired but who had marijuana metabolites in their systems was a case of the government prosecuting drug offenses. "No, it's a road safety offense," he said.

Chronicle AM: Activists Block Bad MI MedMJ Bills, Jeb Bush Now Open to Decrim, More (12/14/15)

San Francisco prepares for marijuana legalization, a Kentucky state senator wants it there too, Ohio legalizers spent millions losing last month, a federal drug and mental health treatment bill passes the Senate, and more.

Marijuana Policy

Jeb Bush Now Supports Decriminalization, But Still Calls Pot a "Gateway Drug." GOP presidential contender Jeb Bush last Friday said he could live with decriminalization. "It's one thing to say we should have decriminalization of marijuana. I support that," he said in an interview with Joe Mathieu of Boston' WBZ NewsRadio. While that is an advance for the former Florida governor, he added that he rejected legalization and brought out the discredited gateway theory for support. "Marijuana is a gateway drug just as opiates are a gateway drug," Bush continued. "Of course it is, every study shows that."

Kentucky Senator Files Marijuana Legalization Bill. Sen. Perry Clark (D-Louisville) announced last Friday that he has pre-filed the Cannabis Freedom Act, which would repeal pot prohibition and replace it with a regulatory framework that would "promote public safety and responsible cannabis consumption by persons over 21 years of age." The bill will be considered during the 2016 legislative session, which starts January 5.

Michigan Supreme Court Okays Grand Rapids Decriminalization Ordinance. The state high court has rejected a challenge to the ordinance's legality from Kent County Prosecutor William Forsyth. The ordinance, approved by voters in 2012, makes possession or sharing marijuana a civil infraction, punishable only by fines. Forsyth had argued that the ordinance was an illegal restriction on his power to enforce state drug laws, but he lost in circuit court and the Court of Appeals. And he lost again, and finally, when the state Supreme Court refused to hear his appeal.

Ohio Legalizers Spent Nearly $22 Million in Failed Initiative Campaign. Ouch, that's gotta hurt! ResponsibleOhio and its deep-pocketed backers, who hoped to win monopolistic marijuana concessions, spent more than $21 million in their campaign, only to get trounced last month. The campaign spent $12 million between July and October and had burned through nearly another $10 million just getting on the ballot.

Eyeing Looming Legalization, San Francisco Creates Marijuana Task Force. Last week, the Board of Supervisors' Rules Committee voted to appoint 11 people to a task force aimed at helping to guide the city's policies in the face of seemingly inevitable marijuana legalization.

Medical Marijuana

Michigan Medical Marijuana Activists Stop Dispensary Bills. Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Utah Poll Has Strong Support for Medical Marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

Heroin

New Hampshire Attorney General Will Seek Murder Charges in Heroin Overdoses. Attorney General Joe Foster (D) says he plans to aggressively seek murder charges against dealers of drugs involved in overdose deaths. "The message to dealers is: If you sell this stuff here and we can (figure) the facts out, you will be going to jail for a very, very long time," Attorney General Joe Foster said. Overdose deaths are expected to top 400 in the state this. Foster also said he is seeking $115,000 for a new prosecutor for drug cases and exploring a federal grant to hire another drug prosecutor.

Drug Policy

Federal Synthetic Drugs Bill Filed. Rep. John Katko (R-NY) has filed HR 4229, which seeks to "address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substance Act" to make it easier to go after drug analogs. It also calls on the US Sentencing Commission to ensure that sentences for violations are "appropriately severe."

Drug Treatment

Comprehensive Justice and Mental Health Act Passes Senate. The act, S 993, sponsored by Sen. Al Franken (D-MN), passed the Senate last Thursday. It is aimed at facilitating collaboration among the criminal justice, juvenile justice, veterans treatment services, mental health treatment, and substance abuse systems. The bill now goes to the House.

International

Colombian Senate Approves Medical Marijuana. In a plenary session last Friday, the Colombian Senate approved a bill legalizing medical marijuana. President Santos had said he would do it through an executive order, but the Senate decided not to wait. The bill now moves to the Chamber of Deputies, where it will be debated early next year.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Mexico Issues First Pot Permits, DOJ Wants More $$$ for Asset Forfeiture, More (12/11/15)

A legalization initiative dies in Florida, but another is born in Montana; the Justice Department proposes funding increases for asset forfeiture programs, Mexico issues the first permits allowing people to grow and possess marijuana, and more.

!Viva Mexico!
Marijuana Policy

Florida Legalization Initiative Gives Up. Marijuana legalization will not be on the Florida ballot next year. Regulate Florida, which was the group behind the campaign, conceded Wednesday that it would not be able to gather the 683,000 needed signatures by the February deadline. They may try again in 2018, the group said.

Montana Legalization Initiative Approved for Signature Gathering. Secretary of State Linda McCulloch (D) Thursday approved the language of Initiative 178, which would legalize pot for people 21 and over, subject to licensing requirements and state regulations. Petitioners need 24,175 valid voter signatures, including at least 5% of registered voters in each of the state's 343 House districts.

St. Petersburg Ponders Decriminalization. St. Petersburg city council members Thursday asked Pinellas County commissioners to decriminalize small-time pot possession. Council members said that if the county doesn't act, they will draft their own municipal decriminalization proposal. In the past year, local decriminalization has taken off in Florida, with Miami-Dade, Broward, and Palm Beach counties, as well as several municipalities in those counties, adopting similar ordinances.

Asset Forfeiture

Justice Department Wants Even More Money for Asset Forfeiture Programs. American law enforcement is seizing property from citizens at a record rate, but that's apparently not good enough for the Justice Department, which is seeking increased funding to support the asset forfeiture activities of the DEA and the Organized Crime Drug Enforcement Task Forces. The department wants $297.2 million to fund asset forfeiture in FY 2016, up $14 million over the previous year and up a whopping 146% since 2008. The entire federal drug control budget has increased by only 25% during that same period.

Drug Policy

Maine Legislature Caves in to Governor, Agrees to Hire More Drug Agents. Legislative leaders Wednesday unveiled a $4.8 million plan to fight the state's opiate use problem, with half of the funding going to law enforcement, including the hiring of 10 new state drug agents. Gov. Paul Le Page (R) had threatened to call in the National Guard today to fight drugs if the legislature didn't fund his demands. The other half of the money designated would go toward treatment, recovery, and education.

International

Mexico Issues First Permits to Grow and Use Marijuana. The Mexican government has awarded permits to four people that allow them to grow and possess marijuana for personal use. The move comes in the wake of last month's Supreme Court decision allowing the four to legally produce it for their own use. Both the court ruling and the permits were limited to the four people in the case, but could pave the way for similar court rulings across the country and, ultimately, pot legalization nationwide.

Danish Parliament Considers Medical Marijuana. The parliament today began debating a proposal to legalize marijuana for medical use. The bill is sponsored by Alternativet, but has the support of other parties as well. Alternativet, Dansk Folkeparti, Liberal Alliance, Socialistisk Folkeparti, and Radikale all support the bill. Together, they have 88 votes in parliament, precisely the number needed for the measure to pass.

Chronicle AM: Naloxone News in NC & NYC, DC Pot Social Club Fight, CO Pot Tourism, More (12/10/15)

Legal weed is drawing tourists to Colorado, DC activists fight for pot clubs, a federal appeals court rules that all students at a technical college can be subjected to drug testing, there's naloxone news from New York City and North Carolina, and more.

NCHRC reports 1,500 overdoses prevented with Naloxone in 2 1/2 years.
Marijuana Policy

Legal Marijuana is Boosting Colorado Tourism. Pot businesses have long claimed as much, and now they have some solid evidence. A Colorado Tourism Office study released Wednesday shows that the state's marijuana laws influenced nearly half (49%) of decisions to vacation in the state. Some 22% of survey respondents said marijuana was "extremely influential" in their decision to visit Colorado. Twenty percent said it was "very much influential" and nearly 7% said it was "somewhat influential."

DC Activists Fight Back Against Bill That Would Ban Pot Clubs. The city council is today hearing a bill that would make permanent a ban on businesses allowing patrons to smoke marijuana on premises, but that's not sitting well with the people who got weed legalized in the District. "It's unnecessary. The current law prohibits any venue from selling marijuana or promising marijuana in exchange for admission. But what they're doing with this bill is banning any kind of use of use outside the home. There's a big problem with that, because there are lots of people who have nowhere to use their cannabis," said Adam Eidinger, the man behind the District's successful 2014 legalization initiative. Eidinger is warning that if the council passes the bill, he could push more ballot initiatives, including one allowing marijuana to be treated like tobacco and one that would impose term limits on council members.

Illinois Lawmaker Files Decriminalization Bill. Rep. Kelly Cassidy (D-Chicago) announced today that she is filing House Bill 4357, which would make possession of up to 10 grams a civil offense punishable only by a fine. A similar bill passed earlier this year only to be vetoed by Gov. Bruce Rauner (R), who proposed amendments to it at the time of his veto. The new bill addresses those amendments.

Michigan Legalization Campaign to Extend Signature Gathering. MI Legalize is extending its signature gathering campaign and turning to paid circulators to qualify for next year's general election ballot. Under state law, petitioners have 180 days to gather signatures, but that is a clock that runs backward from the time signatures are actually turned in. The campaign's original turn-in date was December 21, but it will now go longer. That means early gathered signatures may not be counted. For example, if the campaign turned in signatures on January 21 instead of December 21, the first 30 days' worth of signatures would not be counted, but more recent signatures would.

Medical Marijuana

Georgia Medical Marijuana Commission Rejects Growing It In-State. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

Missouri Medical Marijuana Initiative Approved for Circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Drug Testing

Federal Appeals Court Rules Missouri College Can Drug Test All Students. The 8th US Circuit Court of Appeals in St. Louis ruled Monday that the Linn State Technical College can require all students to take drug tests. The appeals court decision overturns a federal judge's 2013 decision that the college could only drug test students in five particularly safety-sensitive programs. The school policy had been challenged by the ACLU of Missouri, which said such widespread, suspicionless drug testing violated the Fourth Amendment.

Harm Reduction

New York City Makes Overdose Reversal Drug Naloxone Available Without a Prescription. Mayor Bill de Blasio (D) announced Monday that the opioid overdose reversal drug naloxone (Narcan) will now be available without a prescription in pharmacies in the city. "The deaths are what we all struggle to avoid… but that's just the tip of the iceberg," de Blasio said during his announcement at a YMCA. "For every death, there are literally hundreds who struggle with addiction."

North Carolina Sees 1,500 Lives Saved With Overdose Reversal Drug Naloxone. In just under 2 ½ years, more than 1,500 overdose deaths have been prevented with the use of the overdose reversal drug naloxone (Narcan), the North Carolina Harm Reduction Coalition reported today.

Law Enforcement

Rep. Steven Cohen Rips Use of Student Snitches. In the wake of a 60 Minutes report last Sunday and earlier reporting by Reason, Rep. Steve Cohen (D-TN) ripped into the practice of using nonviolent, first-time drug offenders as confidential informants. "It's time for the Department of Justice to take a close look at how the behavior of confidential informants not only threatens to ruin young lives, but in some cases, end their lives," he said, adding that he intends to file reform legislation.

International

Scotland To Begin Ticketing, Not Prosecuting, People With Pot. Starting next month, Scottish police will issue warnings to people caught with marijuana rather than prosecuting them. The move is part of a broader effort to change how police deal with petty crime, freeing them up to deal with more serious offenses.

Chronicle AM: VT Legalization Bill Coming Soon, Second City Gets First Dispensary, More (12/9/15)

It's one of those all-marijuana news days. A Vermont legalization bill looms, Dallas could stop arresting small-time pot possessors, a Michigan medical marijuana hearing got testy, and more.

Marijuana Policy

Vermont Legalization Bill Coming Soon. The Senate Government Operations Committee is finishing up deliberations on a bill to legalize marijuana. Lawmakers are putting final touches on the bill and expect it to be done in time to go to the printer Friday. This bill and another legalization bill offered during the last legislative by Sen. David Zuckerman (P/D-Chittenden) will be taken up first by the Senate Judiciary Committee.

Dallas Could Move to Ticketing, Not Arresting, People for Pot Possession. Dallas's police chief has asked the city council to consider a "cite and release" policy for small-time marijuana possession busts. The council's Public Safety Committee voted Tuesday not to recommend the policy change, but the issue will go before the entire council shortly, though no date has been set. The policy change would apply to possession of less than four ounces. Dallas police arrest about 120 a month for small-time pot possession, and the chief says it's a waste of law enforcement resources to have to book and jail them.

Medical Marijuana

Fireworks at Michigan Senate Medical Marijuana Hearing. A hearing on a bill to provide protections for dispensaries grew heated Tuesday as Marine Corp veteran Dakota Serna, who uses medical marijuana for PTSD, lashed out at changes in the bill that would tax patients and send some of the revenues to law enforcement. "This bill not only takes more money from them, it taxes their medicine -- you're going to give some of that medicine to the sheriff's department, the jackboots, the thugs that comes into people's homes and kick in the door," said Serna. That led to an angry exchange with Senate Judiciary Committee Chair Rick Jones (R-Grand Ledge), who then ordered Serna to leave the hearing. The National Patients' Rights Association, which had supported the bill, said it is withdrawing its support after the changes, which would treat medical marijuana much like the state treats alcohol.

First Dispensary in the Second City is Now Open for Business. Chicago's first medical marijuana dispensary opened in Uptown today. Dispensary 33 opened on North Clark Street. Some 150 patients are registered to use it.

International

Health Canada Approves Cannabis Oil Sales. Health Canada has granted permission to Peace Naturals to sell cannabis oil under the country's federal medical marijuana program. Health Canada had decided this past summer to allow the manufacture of cannabis oils, but this is the first time a product has actually been approved.

Uruguay Grants First Two Licenses for Commercial Marijuana Production, Distribution. The country has granted licenses to two companies that will allow them to sell marijuana through government-licensed pharmacies next year. Each company will be allowed to grow up to two tons of finished buds.

Why the End of Federal Marijuana Prohibition May Be Only Five Years Away [FEATURE]

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

Rob Kampia thinks so, and he's a very well-placed observer. As head of the Marijuana Policy Project, Kampia has his finger on the pulse of pot politics as well as anyone, and he made a pretty startling prediction at the International Drug Reform Conference in suburban Washington last month.

MPP's Rob Kampia (YouTube)
At a panel on "Marijuana Reform in Congress," Kampia suggested that a handful of state-level marijuana legalization victories next year is going to set in motion a congressional debate on legalization that could see an end to federal marijuana prohibition before the end of the decade.

Legalization campaigns are already well-advanced in Arizona, California, Maine, Massachusetts, and Nevada, and while getting on the ballot is no guarantee of victory next November, polling so far suggests that most of them will win. And next year could also be the year the first state, and even perhaps a second, legalizes it through the legislative process.

Kampia said, "Vermont is most likely to legalize through the legislature, and Rhode Island has a good shot, but those are the only two states in play."

But then there are the initiative states.

"It could be that four or five initiative states legalize it, and then all of this is facing Congress in 2017," Kampia continued. "Then there will be a vigorous debate on legalization, and then, I predict, Congress could pass the states' rights bill in 2019."

Kampia is talking about something along the lines of this year's Respect State Marijuana Laws Act of 2015 (HR 1940), sponsored by Rep. Dana Rohrabacher (R-CA), which would amend the Controlled Substances Act (CSA) so that it would not apply to persons in compliance with marijuana laws in their state.

Passage of such a bill would not make marijuana legal everywhere -- that would be up to the individual states -- but would end the federal government's role in enforcing marijuana prohibition.

Kampia even suggested that Congress might get around to passing a bill to end federal pot prohibition before it gets around to passing a bill allowing states to enact medical marijuana laws without federal interference. That means legislation similar to this year's Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015 (S 683), sponsored by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY) and Rand Paul (R-KY) could languish while Congress leapfrogs its way to embracing legalization (or at least getting out of its way).

"All the attention will be on legalization," Kampia said, "and there's not a lot of tax revenue for the federal government with just medical marijuana, but if you're talking about the whole ball of wax, with substantial tax revenues, Congress might be inclined to go for the whole enchilada."

The MPP leader wasn't the only one in the room sounding upbeat that day. Drug Policy Alliance national affairs director Bill Piper said that when it comes to marijuana legalization, the train has already left the station.

"I'm very optimistic," Piper said. "The toothpaste is out of the tube. Even Chris Christie can't stop marijuana legalization. Once these initiatives pass in 2016, there's no way back."

The conventional wisdom among drug reformers used to be that we might see federal pot prohibition crumble by the middle of the next decade. But given the lack of disaster and the bonanza of tax revenue in legalization states so far, and the likelihood that a handful more will legalize it next year, that timetable is accelerating.

Chronicle AM: Canada Still Legalizing Weed, GAO Rakes Drug Czar Over Drug War Failures, More (12/7/15)

Canada reiterates its intent to legalize pot, there's strong support for expanding medical marijuana in Georgia, the GAO reports that federal drug policy goals are not being met, and more.

Oh, Canada.
Marijuana Policy

Massachusetts Doctors Oppose Legalization. Doctors with the Massachusetts Medical Society voted over the weekend to reaffirm their opposition to marijuana legalization. The move comes as a legalization initiative appears poised to go before voters next year. The doctors voted to continue their opposition to legalization, a policy first adopted in 1997, and also urged that if legalization were to occur, people under 21 should be barred from use.

Medical Marijuana

Georgia Poll Finds Strong Support for Expanding Medical Marijuana Law. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois Tells Patients They Can't Be Gun Owners, Then Retreats. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

Drug Policy

GAO Says National Drug Policy Goals Not Being Met. In a report released today the Government Accountability Office (GAO) found that the Office of National Drug Control Policy (ONDCP -- the drug czar's office) and other agencies "had not made progress toward achieving most of the goals in the 2010 National Drug Control Strategy (the Strategy) and ONDCP had established a new mechanism to monitor and assess progress. In the Strategy, ONDCP established seven goals related to reducing illicit drug use and its consequences to be achieved by 2015. As of March 2013, GAO's analysis showed that of the five goals for which primary data on results were available, one showed progress and four showed no progress. GAO also reported that ONDCP established a new monitoring system intended to provide information on progress toward Strategy goals and help identify performance gaps and options for improvement. At that time, the system was still in its early stages, and GAO reported that it could help increase accountability for improving progress. In November 2015, ONDCP issued its annual Strategy and performance report, which assess progress toward all seven goals. The Strategy shows progress in achieving one goal, no progress on three goals, and mixed progress on the other three goals. Overall, none of the goals in the Strategy have been fully achieved."

Law Enforcement

The Sickening Use of Young People as Confidential Informants in the Drug War. "Supporters of the drug war often claim that we need to wage this unwinnable war to "protect" young people. 60 Minutes ran an explosive piece last night showing one of the many ways that the war on drugs actually endangers young people: the sickening use of young students as confidential informants," writes the Drug Policy Alliance's Tony Newman. Click on the link for the whole piece.

International

Canada's New Liberal Government Reiterates Vow to Legalize Marijuana. In the annual throne speech last Friday, Governor General David Johnson reiterated Prime Minister Justin Trudeau's plans to legalize marijuana. The effort should get moving once parliament is back in session.

Chilean President Removes Marijuana From Hard Drug List. President Michelle Bachelet has signed an order removing marijuana from the country's list of hard drugs and authorizing the sale of marijuana-derived medicines in pharmacies. Marijuana production and distribution remain criminal offenses, but the Congress is expected to discuss wider reforms of the drug laws early next year.

Chronicle AM: No Oregon MJ Social Clubs, Huge Chilean MedMJ Crop, More (12/4/15)

Oregon's cannabis cafes face a bleak future after running afoul of the state's anti-smoking laws, a no-smoking Florida medical marijuana bill advances, a huge medical marijuana crop grows in Chile, and more.

Marijuana Policy

Oregon Marijuana Cafes Must Shut Down By Next Month. Operations that allow people to smoke marijuana inside will have to shut down by January 1 or face fines for violating the Oregon Indoor Clean Air Act. Some cannabis café owners, such as Madeline Martinez, operator of the World Famous Cannabis Café, say they will fight. "People will be forced to consume in the street, in their car, at the park," she said. "It's a nightmare. I'm going to have to close my doors."

Medical Marijuana

Arkansas Attorney General Rejects Wording on Medical Marijuana Initiative. Attorney General Leslie Rutledge (R) has rejected a proposed constitutional amendment to allow for medical marijuana in the state, saying the wording is ambiguous. Initiative proponent David Crouch, a Little Rock attorney, will have to submit revised language if he wants to move forward.

Florida Medical Marijuana Bill Advances. A bill that would allow for cannabis oils containing higher levels of THC-- but not for smokable medical marijuana -- passed the Senate Appropriations Subcommittee on Criminal and Civil Justice Thursday. The measure, SB 460, would amend the state's Right to Try Act, which allows patients facing death to try experimental medicines. A companion measure is also moving in the House.

Asset Forfeiture

Virginia Panel Rejects Civil Asset Forfeiture Reform. The Virginia State Crime Commission voted 9-3 Thursday against endorsing civil asset forfeiture reform legislation. Virginia doesn't have a problem with asset forfeiture, asserted Brunswick County Sheriff Brian Roberts, who sits on the panel. The legislature considered asset forfeiture reform last year, but refused to vote on it and instead bumped it over to the crime commission for further study.

International

Latin America's Largest Ever Legal Marijuana Crop Planted in Chile. Regional agricultural authorities in central Chile last month approved a 6,900-plant medical marijuana grow operation that will produce 20 strains of high-potency marijuana. The resulting buds will be converted to cannabis oil after being harvested next spring (fall in the Southern Hemisphere).

Drug War Issues

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