Marijuana Industry

RSS Feed for this category

Chronicle AM: MA Init Hands in Signatures, Uruguay's First Legal MJ Harvest, More... (6/22/16)

Marijuana legalization efforts advance in California and Massachusetts, Iowa Democrats blow minds with a platform plank, Michigan's welfare drug testing pilot program scores a big fat zero, and more.

It could be high times in Boston come November. (regulatemass.org)
Marijuana Policy

Gavin Newsom Warns California Pot People That Legalization Isn't a Done Deal. The state's pro-legalization lieutenant governor told attendees at the National Cannabis Industry Association conference in Oakland Tuesday that they need to get involved in passing the Adult Use of Marijuana Act (AUMA) this November. "It's not a done deal by any stretch of the imagination," he said. "We need your help on the campaign." Newsom added that while tech billionaire Sean Parker is helping, "He's not going to fund the whole thing. If it is defeated, it will set back this movement in California… and nationally for years and years."

Massachusetts Legalization Backers Hand in Final Signatures. The Massachusetts Campaign to Regulate Marijuana Like Alcohol Wednesday handed in some 25,000 raw signatures as the campaign moved toward the final step in placing its legalization initiative on the November ballot. The campaign only needs 10,792 valid voter signatures in this second round of signature gathering after the legislature failed to act when the campaign turned in more than 60,000 signatures last year.

Medical Marijuana

Congressional Medical Marijuana Research Bills Filed. The bills announced earlier this week have been filed and given bill numbers. The House version, sponsored by Reps. Andy Harris (R-MD) and Earl Blumenauer (D-OR), is HR 5549, while the Senate version, sponsored by Sen. Brian Schatz (D-HI), is S 3077.

Drug Policy

Iowa Democrats' Platform Includes "Legalize All Drugs" Plank. Hawkeye Democrats included the five-word item ("We support legalizing all drugs") as plank No. 293 in their platform, and that's raising eyebrows. But activists involved in the debate said that was shorthand for a policy that aims to treat and mitigate drug addiction instead of criminalizing it. "The brevity of the document doesn't encompass the true meaning,"said Shelly Van Winkle, a registered nurse from Muscatine and newly elected member of the party's state central committee who was active in the platform debate. Another delegate described it as a "divestment strategy in the drug war."

Drug Testing

Michigan Welfare Drug Test Program Generates Zero Positives. The state of Michigan has ordered 303 people seeking welfare benefits to undergo drug testing under a pilot program, and not a single one of them has tested positive for illicit drugs. Gov. Rick Snyder (R), who signed the program into law, declined to comment. Similar programs in other states have produced similar results, although not as dramatic as Michigan's In Tennessee, 65 out of 40,000 applicants tested positive; in Mississippi, two out of 3,656. In Michigan, the people tested were flagged as likely to be using drugs during an initial screening.

International

First Legal Pot Crop Being Harvested in Uruguay. Two companies responsible for marijuana production have begun their first legal harvest, and their product should be hitting the country's pharmacies "soon," said Juan Andres Roballo, head of the National Drug Board, which has oversight over the fledgling industry. By August, Uruguayans should be able to buy weed in five- or 10-gram packets, with the price set at $1.20 per gram.

Chronicle AM: New Orleans "Decrim" in Effect, Philippine Drug Executions Accelerate, More... (6/21/16)

The Big Easy goes easy on marijuana possession, a California medical marijuana business is back in operation after a misbegotten raid, Danish cops raid Christiania to little effect, suspected drug dealers are being killed in the Philippines, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Maine Legalization Foes Unveil New Website. Anti-legalization forces operating as Mainers Protecting Our Youth and Communities have launched a new website aimed at doing in the legalization initiative from the Maine Campaign to Regulate Marijuana Like Alcohol. A drop-down menu on the website provides an indication of their approach, with buttons for "Pot Shops on Main Street," "Marijuana Candy," and "Big Marijuana."

New Orleans "Decriminalization" Ordinance Goes Into Effect. A newly passed city ordinance allowing police to cite and fine instead of arrest people caught with small quantities of pot is now in effect in the Big Easy. But not everybody will get a ticket. Those caught with pot in a drug free zone, such as a city park, school, or church will still be charged and jailed.

Medical Marijuana

After Misbegotten Raid, California Medical Marijuana Company Open for Business Again. Sonoma County's Care By Design (CBD) is already back in business after a massive raid including a hundred police officers and DEA agents last week. Business operator Dennis Franklin Hunter was released without charges after initially being held on a $5 million bond. Police raided the business thinking it was using a dangerous and illegal butane extraction process to make cannabis oil, but it was actually using a non-flammable CO2 extraction process. CBD is blaming the botched raid on a disgruntled former employee involved in a competing business.

International

Danish Cops Raid Christiania's Pusher Street, To No Avail. Police last Friday marched into the Copenhagen hippy enclave, tore down 37 marijuana and hash sales stands, and arrested 18 people, but new stands went up and pot sales recommenced before police even left the scene. The raid is sparking new discussion on marijuana legalization, including from a senior prosecutor in the Copenhagen prosecutor's office. I personally believe we should legalize the sale of cannabis because this is a fight we cannot win," Anna Birgitt Sturup said.

Philippines in Drug Dealer Killing Frenzy. Under the new presidency of Rodrigo Duterte, who earned a reputation as a crime fighter and death squad organizer as the long-time mayor of Davao City, killings of alleged drug dealers are surging. Duterte has vowed to eradicate drugs and other crime within six months and even offered to give medals to citizens who kill them. Police reported killing 11 suspected drug dealers over the weekend, saying they resisted arrest, with more than 40 killed since Duterte was elected on May 9.

Supreme Court Opens Door for More Lawless Police Searches [FEATURE]

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

In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.

The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

In the first case, Utah v. Strieff, the Supreme Court held that evidence obtained from the illegal stop of Strieff should not be thrown out under the exclusionary rule, which requires that illegally seized be suppressed as "fruit of the poisonous tree." The exclusionary rule, which dates back to 1920 and values the rule of law even at the expense of seeing a guilty suspect go free, has long been a bane of judicial conservatives, who have been trying to chip away at it since at least the 1980s.

In Strieff, a Salt Lake City police officer investigating possible drug activity at a residence stopped Strieff without "reasonable cause" after he exited the home. During his encounter with Strieff, the police officer found that he was wanted on a traffic warrant, arrested him, then searched him subsequent to arrest. The police officer found methamphetamine and drug paraphernalia, then charged him with drug and paraphernalia possession.

Strieff argued to suppress the evidence, arguing that it was derived from an unlawful investigatory stop. He lost at the trial and appeals court levels, but the Utah Supreme Court overturned his conviction, holding that an exception to the exclusionary rule known as the "attenuation doctrine" did not apply. The US Supreme Court disagreed.

The attenuation doctrine holds that unlawfully obtained evidence may be used even if "the fruit of the search is tainted by the initial, unlawful detention…if the taint is dissipated by an intervening circumstance," as the Utah Supreme Court described it. In other words, if police acting in good faith violate the law and don't do it flagrantly, they should be able to use any evidence found as a result of that violation in court.

The Supreme Court divided 5-3 on the case, with Chief Justice Roberts joining justices Alito, Breyer, and Kennedy joined Justice Clarence Thomas in his majority opinion. Thomas held that the police misconduct was not bad enough to warrant suppression of the evidence and, besides, police probably aren't going to abuse their powers to do mass searches.

"[The officer's] purpose was not to conduct a suspicionless fishing expedition but was to gather information about activity inside a house whose occupants were legitimately suspected of dealing drugs," Thomas wrote. "Strieff conflates the standard for an illegal stop with the standard for flagrancy, which requires more than the mere absence of proper cause. Second, it is unlikely that the prevalence of outstanding warrants will lead to dragnet searches by police."

Even if someone is unlawfully detained, evidence obtained from them can be used in court, the high court ruled. (wikimedia.org)
The Supreme Court's liberal minority was not nearly as sanguine. Justice Sonia Sotomayor, with Justice Ginsberg concurring, cut right to the heart of the matter:

"The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights," she wrote in her dissent. "Do not be soothed by the opinion's technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants -- even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant. Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent."

In the second case, Taylor v. United States, the high court upheld the ability of federal prosecutors to use federal law to prosecute people who rob drug dealers, even if the dealers are dealing only in locally-grown marijuana with no evidence of interstate sales. That 7-1 decision is in just the latest in a long line of cases upholding the ability of the federal government to regulate interstate commerce under the Constitution's "commerce clause" and to protect it from robbery or extortion under the 1951 Hobbs Act.

It was the "commerce clause" line of cases that led to the 2005 Gonzales v. Raich decision in which the Supreme Court upheld the ability of the federal government to move against marijuana cultivation and sales even in states where it is legal. In that case, the high court ruled that California medical marijuana patient Angel Raich's cultivation of marijuana plants at her home in California for her use in California implicated interstate commerce and was therefore liable to federal jurisdiction.

Even marijuana grown and sold locally implicates the Constitution's commerce clause, the court has ruled. (flickr.com)
In Taylor, Taylor was part of a Virginia gang known as the "Southwest Goonz" who targeted and robbed marijuana growers and dealers. He was charged under the Hobbs Act with two counts of "affecting commerce or attempting to do so through robbery." In his first trial, which resulted in a hung jury, Taylor offered evidence that the dealers targeted only trafficked in locally-grown marijuana. In his second trial, prosecutors convinced the court to exclude that evidence, and Taylor was convicted on both counts. The 4th US Circuit Court of Appeals affirmed that conviction, "holding that, given the aggregate effect of drug dealing on interstate commerce, the Government needed only to prove that Taylor robbed or attempted to rob a drug dealer of drugs or drug proceeds to satisfy the commerce element."

In an opinion authored by Justice Alito, the Supreme Court agreed.

"[T]he Government met its burden by introducing evidence that Taylor's gang intentionally targeted drug dealers to obtain drugs and drug proceeds," he wrote. "That evidence included information that the gang members targeted the victims because of their drug dealing activities, as well as explicit statements made during the course of the robberies that revealed their belief that drugs and money were present. Such proof is sufficient to meet the Hobbs Act's commerce element."

Only Justice Thomas dissented, arguing that the whole line of "commerce clause" cases granted too much power to the federal government.

"The Hobbs Act makes it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction," Thomas wrote. "Under the Court's decision today, the Government can obtain a Hobbs Act conviction without proving that the defendant's robbery in fact affected interstate commerce -- or any commerce. The Court's holding creates serious constitutional problems and extends our already expansive, flawed commerce-power precedents. I would construe the Hobbs Act in accordance with constitutional limits and hold that the Act punishes a robbery only when the Government proves that the robbery itself affected interstate commerce."

Two cases, two distinct lines of legal precedent, one outcome: Drug cases continue to provide a basis for the expansion of state law enforcement power.

Washington, DC
United States

Chronicle AM: Times of London Calls for Drug Decrim, Microsoft Enters MJ Business, More... (6/17/16)

Three reports on marijuana policy are released, Microsoft gets in the marijuana business, the Times of London calls for drug decriminalization and hints at legalization, a Thai minister reiterates his call for regulating meth, and more.

Marijuana Policy

Brookings Institution Releases Research Papers on Legalization and Regulation. One paper is "Bootleggers, Baptists, bureaucrats, and bongs: How special interests will shape marijuana legalization," in which Brookings Senior Fellows Philip Wallach and Jonathan Rauch ask: Why did marijuana legalization recently break through in the face of what had long been overwhelming interest-group resistance? How might key social and bureaucratic actors reorganize and reassert themselves, and as legalization ushers in a "new normal" of marijuana-related regulation and lobbying, what kinds of pitfalls and opportunities lie ahead? The second paper is "Worry about bad marijuana -- not Big Marijuana," in which Rauch and Senior Fellow John Hudak examine a concern that many critics and proponents of marijuana legalization share: the potential emergence of Big Marijuana, a corporate lobby akin to Big Tobacco that recklessly pursues profits and wields sufficient clout to shape regulation to its liking. Hudak and Rauch ultimately argue against alarmism, concluding that "policy should concern itself with harmful practices, not with industry structure, and it should begin with a presumption of neutrality on issues of corporate size and market structure."

Transnational Institute Releases Report on Marijuana Regulation and UN Treaties. The report, "Cannabis Regulation and the UN Drug Treaties: Strategies for Reform," which was compiled by a group of experts in the United States, Mexico, the Netherlands, Canada, and the United Kingdom, makes clear that the problem is not that countries are pursuing reforms to legally regulate cannabis, but rather the antiquated drug treaty provisions that explicitly block such reforms. Overcoming that hurdle, the report argues, does not require a global consensus to rewrite the UN drug treaties -- a difficult task under current conditions -- but can be achieved by procedures available to individual countries and groups of countries under international law.

Microsoft Enters the Marijuana Business. The tech giant announced Thursday that is forming a partnership with a marijuana-focused software company called Kind Financial, which provides "seed to sale" services for marijuana growers. The move makes Microsoft the first major tech company to get involved with the growing legal marijuana industry.

Michigan Legalizers Sue Over 180-Window for Signatures. MI Legalize, the group seeking to get its legalization initiative on the November ballot, filed suit Thursday in the state Court of Claims seeking to overturn a new law and an old policy that render invalid any signatures gathered outside of a 180-day window. Michigan officials ruled that the campaign came up short after they rejected signatures from the beginning of the petition drive because they had been gathered outside that window.

Medical Marijuana

New Jersey Assembly Passes PTSD Bill. The Assembly approved the bill Thursday, and a Senate committee approved a similar measure the same day. The bills would allow patients suffering from PTSD to use medical marijuana with a doctor's recommendation.

Asset Forfeiture

Delaware Legislature Passes Mild Asset Forfeiture Reform Bill. The Senate unanimously approved House Bill 309, which would force the state's Special Law Enforcement Assistance Fund to disclose the specific items and programs its civil asset forfeiture fund paid for. The measure has already passed the House and goes to the desk of Gov. Jack Markell (D). A bill that would have abolished civil forfeiture was filed, but never moved this year.

International

The Times of London Calls for Drug Decriminalization, Hints at Legalization. England's most prestigious newspaper has declared itself in favor of treating drug use and possession as a public health issue rather than a criminal one. In a leading article, "Breaking Good", the paper supported the call earlier this week from the Royal Society for Public Health for drug decriminalization. The newspaper said that although it is "radical advice," it is "sound" and ministers should "give it serious consideration." In an editorial in the same issue, the Times went a step further: "The government should be encouraged to think of decriminalization not as an end in itself but as a first step towards legalizing and regulating drugs as it already regulates alcohol and tobacco."

Thai Minister Defends Call for Legalizing Meth. Facing criticism, Justice Minister Paiboon Koomchaya held firm Friday to his call to regulate instead of prohibit methamphetamine. He said it is impossible to eliminate dangerous drugs, so there should be a proper way to live with them. He added that crackdowns on users and sellers had filled the country's prisons, but not prevented drug use.

Chronicle AM: UK Public Health Groups Call for Decrim, MPP Endorses Gary Johnson, More... (6/16/16)

Busy, busy: There's movement on marijuana banking, Gary Johnson picks up MPP's endorsement, a leading California cannabis oil producer gets busted, the AMA casts on leery eye on patient pain reports, a congresswoman wants to drug test the rich, British public health groups call for decrim, the Thai government wants to end the war on meth, and more.

Libertarian Gary Johnson has won the endorsement of the Marijuana Policy Project because of his pro-legalization stance.
Marijuana Policy

Senate Committee Approves Measure to Ease Pot Businesses' Access to Financial Services. The Senate Appropriations Committee on Thursday voted 16-14 to approve an amendment that would bar the Treasury Department from punishing banks that do business with state-legal marijuana businesses. The amendment is part of the FY 2017 Financial And General Government Services Appropriations Act, which now heads for a Senate floor vote.

Marijuana Policy Project Endorses Libertarian Gary Johnson for President. MPP has formally endorsed Libertarian Party candidate Gary Johnson for president, saying he was the obvious choice as the most pro-marijuana legalization candidate on the ballot. The group said its endorsement was based solely on his marijuana policies.

New York Assembly Passes Bill to Seal Records for Misdemeanor Marijuana Convictions. The Assembly has passed Assembly Bill 10092, which will seal the conviction records of people charged with misdemeanor offenses. Assembly Speaker Carl Heastie said the move was in response to New York City police charging people with misdemeanors for possession of marijuana in public. Simple possession is decriminalized in the state.

Medical Marijuana

Leading California Medical Marijuana Oil Maker Busted.Police, including DEA agents, raided five properties associated with a well-known medical marijuana products manufacturer in Northern California's Sonoma County Wednesday morning, detaining at least nine people and arresting one on suspicion of felony drug manufacture for his role in cannabis oil production.The operation raided was Care By Design (CBD Guild), which produces CBD-rich cannabis oils for use in sprays, gels, and cannabis oil cartridges for vaporizers. The company offers products with five different ratios of CBD to THC so "patients can adjust their cannabis medicine to suit their specific conditions and personal preferences." Police accused the operation of using dangerous and illegal butane extraction for their oils, but Care By Design says that is not the case.

Heroin and Prescription Opioids

AMA Resolutions Aim to Curb Opioid Abuse, Will Ignore Patients' Pain Reports. At its annual meeting in Chicago, the American Medical Association (AMA) approved a number of resolutions aimed at curbing the misuse of prescription opioids. One called for removing any barriers to non-opioid pain therapies, one calls for promoting increased access to the opioid overdose reversal drug naloxone (Narcan), but "the group also voted in favor of efforts to remove pain as a vital sign in professional standards, as well as disconnecting patient satisfaction scores from questions related to the evaluation and management of pain," a move that may not bode well for chronic pain patients.

Asset Forfeiture

Company Now Offers Asset Forfeiture Insurance to Cannabusinesses. CBZ Insurance Services is now offering coverage to protect state-legal marijuana businesses from the threat of seizure and asset forfeiture. The company's "search and confiscation" coverage applies only to entities that are state-legal and are found innocent of any raid-related charges. "A legally operating cannabis business has unique challenges other types of businesses don't have," said CBZ's Jeffrey Rosen. "One challenge is the threat of being shut down at any time by law enforcement. Whether you're a grower, distributor or manufacturer, search and seizure coverage is the best protection for a company's assets."

Drug Testing

Congresswoman Wants to Drug Test the Rich Before Approving Tax Deductions. US Rep. Gwen Moore (D-WI) has called for requiring wealthy Americans to undergo a drug test before approving their tax deductions. Moore said she will file the bill because she is "sick and tired, and sick and tired of being sick and tired, of the criminalization of poverty," referring to efforts pushed by Republican governors and legislators to impose drug testing requirements on people seeking public benefits. "We're not going to get rid of the federal deficit by cutting poor people off SNAP. But if we are going to drug-test people to reduce the deficit, let's start on the other end of the income spectrum."

International

British Public Health Bodies Call for Drug Decriminalization. Two leading public health bodies say drug use is a health issue, not a criminal one, and have called for drug decriminalization. The Royal Society for Public Health and the Faculty of Public Health said that criminalizing drug use has not deterred people from using drugs, and that those harmed by drug use are harmed again by punishment. "We have taken the view that it is time for endorsing a different approach," said Shirley Cramer, chief executive of the Royal Society. "We have gone to our stakeholders and asked the public and tried to gain some consensus from our community and the public, because that is very important." The society has detailed in its new line in the aptly named report Taking a New Line on Drugs.

Thailand Government Proposes Ending War on Meth and Regulating It Instead. Thai Justice Minister Paiboon Koomchaya has suggested removing meth from the country's dangerous illicit drug list and putting it in the same category as medicinal drugs, with controls -- not bans -- on distribution, sale, and use of the drug. Current measures to suppress the drug have not worked, he said. Paiboon's comments came in a discussion of the UN General Assembly Special Session on Drugs (UNGASS), which met in April. "The world has now surrendered to drugs, and has come to think of how to live with drugs. It is like a man suffering from cancer and having no cure and he has to live a happy life with the cancer," Gen Paiboon said. The government has drawn up a bill that would do that, he said.

(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.)

Leading California Medical Marijuana Oil Maker Busted

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

Police, including DEA agents, raided five properties associated with a well-known medical marijuana products manufacturer in Northern California's Sonoma County Wednesday morning, detaining at least nine people and arresting one on suspicion of felony drug manufacture for his role in cannabis oil production.

The Care By Design product line includes these sublingual sprays. (Care By Design)
Although medical marijuana has been legal in the state since voters approved it two decades ago, it was only last year that the legislature moved to bring state-wide regulation to the rapidly growing industry, and that won't actually happen until 2018. In the meantime, medical marijuana businesses are operating in a sphere of unsettled legality where, as California NORML put it in an email alert about the raids, "there's plenty of gray area to generate busts between now and then."

The operation raided was Care By Design (CBD Guild), which produces CBD-rich cannabis oils for use in sprays, gels, and cannabis oil cartridges for vaporizers. The company offers products with five different ratios of CBD to THC so "patients can adjust their cannabis medicine to suit their specific conditions and personal preferences."

CBD (cannabidiol) is more sought after for medicinal purposes; THC (tetrahydrocannabinol) is the cannabinoid that gets you high.

Santa Rosa Police spokesman Lt. Mike Lazzarini told the Santa Rosa Press-Democrat that a hundred Santa Rosa police, Sonoma County sheriff's deputies, and DEA agents raided the operations because they were using illegal and hazardous production methods -- producing the oil with the use of butane, which is a fire and explosion hazard, and which is forbidden under state law.

"From a law enforcement standpoint this is not a legal process when it involves processes that are dangerous," Lazzarini said.

The police spokesman also said that Care By Design's facilities were in violation of Santa Rosa municipal codes and not properly permitted.

Care By Design, which is organized as a non-profit collective under the rubric of the CBD Guild, flatly rejected law enforcement assertions that it was illegally using butane to make the cannabis oil.

"Contrary to initial press reports, none of the Care By Design facilities are involved in the production of hash; nor is butane used in the company's extraction process," it said in a statement Wednesday afternoon. "Care By Design utilizes a non-volatile supercritical CO2 extraction method, and does not produce any hash, rosin, wax, shatter or similar products that are popular amongst recreational users."

And it was not pleased with the raids, in which police seized equipment, computers, product, payroll, and financial paperwork.

"This law enforcement action is unprecedented, unfortunate, and has the potential to deprive thousands of profoundly sick patients of much needed medicine," said collective spokesman Nick Caston. "We will cooperate fully with law enforcement in an effort to resolve this as quickly as possible, and hope to have our several dozen employees in Sonoma County back to work this week."

Later Wednesday, CBD Guild attorney Joe Rogoway, a veteran Santa Rosa marijuana attorney, reiterated the charge that police were mischaracterizing the business, which he said was above board and operating lawfully.

"They weren't using butane, they use a process that includes CO2 which is a flame retardant; CO2 is what's in fire extinguishers," Rogoway told the Press-Democrat. "It's not criminalized in California law."

The Guild suspects a disgruntled former employee provoked the raids by making false claims to law enforcement, Rogoway said.

Police attempted to play up the criminal element in their description of the man jailed in the sole major arrest during the raids. They described operations manager Dennis Franklin Hunter as a criminal with a history of evading arrest, justifying the $5 million dollar bail on which he is being held.

But what he had been busted for was -- wait for it -- growing marijuana in Humboldt County in 1998. But the feds couldn't find him until 2002, when he was sentenced to 5 ½ years in federal prison. On a second occasion, Hunter was the subject of a manhunt in Arkansas after US Homeland Security asked Little Rock authorities to detain him because they suspected he had drugs on his plane. But he took off after refueling as deputies approached and only later met with authorities.

Caston said Hunter's history was one of being a pioneer in California's marijuana industry.

"They're the folks that have been leading the way, breaking down the stigma, breaking down the misconceptions," he said. "He's really a visionary, along with the other folks in our company, trying to bring practices that are safe. This (law enforcement) action is very surprising."

And while this all gets sorted out, thousands of patients in dispensaries across the state who rely on Care By Design's products will just have to tough it out.

Santa Rosa, CA
United States

Medical Marijuana Update

Ohio becomes the newest medical marijuana state, but you can't smoke it; a pair of contending Arkansas initiatives are coming up on a signature turn-in deadline; DPA identifies problems with New York's medical marijuana program, and more.

Arkansas

As of Wednesday, a pair of medical marijuana initiative campaigns are facing a ticking clock. Two separate medical marijuana initiative campaigns have until July 8 to get enoughvoter signatures to qualify for the November ballot. The Arkansas Medical Cannabis Act of 2016 campaign says it has gathered some 70,000 signatures so far. It needs 67,000 valid ones to qualify. The Arkansas Medical Marijuana Amendment of 2016 says it has 40,000 signatures; because it is a constitutional amendment, it needs 85,000 valid signatures to qualify.

Ohio

Last Wednesday, Ohio became the newest medical marijuana state. Gov. John Kasich (R) last Wednesday signed into law a medical marijuana bill that allows use of full plant material, but not in smokeable form. Under the new law, it should take up to two years for Ohioans to see the first medical marijuana dispensaries.

New York

On Tuesday, the Drug Policy Alliance scorched the state's medical marijuana program. In a new report, Assessing New York's Medical Marijuana Program: Problems of Patient Access and Affordability, the Drug Policy Alliance finds severe problems with patient and caregiver access under the program. The report, which relied on patient surveys, finds that more than half of patients and caregivers had not yet found a doctor to certify them and 60% of those had been looking for three to four months for a physicians. Also, more than three-quarters (77%) said they could not afford their medicine. DPA recommends further legislation to improve the program and urges the Health Department to provide more information about the implementation and performance of the program.

Washington

On Tuesday, a lawsuit challenging the state's folding of medical marijuana into the recreational sales system was filed. Seattle attorney and marijuana activist Douglas Hiatt has filed a lawsuit seeking an injunction to block the July1 implementation of the Cannabis Patient Protection Act, arguing that the law's folding of medical marijuana into the recreational marijuana market will cause harm to patients.

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

Chronicle AM: OH Becomes Latest MedMJ State, Survey Says Teen Pot Use Down, More... (6/13/16)

Marijuana legalization in the states isn't pushing youth use up, April sets a pot sales record for Colorado, Ohio becomes the newest medical marijuana state, Canada's NDP wants decriminalization now, and more.

Marijuana Policy

National Survey Finds Dip in Teen Marijuana Use, Dispels Anti-Legalization Myth. The results of a federal survey released Thursday by the US Centers for Disease Control once again casts doubt on the idea that rolling back marijuana prohibition laws will lead to an increase in teen marijuana use. According to the biennial National Youth Risk Behavior Survey (YRBS), 21.7% of U.S. high school students reported using marijuana in the past 30 days, down from 23.4% in 2013 and 26.2% in 1997, the year California implemented the first state medical marijuana law. From 1996-2015, four states and DC adopted laws making marijuana legal for adult use and 23 states adopted laws making marijuana legal for medical use. The 2015 YRBS results are available online here.

Alaska Marijuana Regulators Approve First Licenses. The Marijuana Control Board last Thursday approved the first licenses for legal marijuana cultivation and testing operations. The first retail licenses are expected to be issued later this year.

Colorado Saw a Record Month for Weed Sales in April. According to the state Department of Revenue, April was the biggest month yet for legal weed, with sales of $117.4 million of buds, concentrates, and edibles sold. Of that, $76.6 million was for recreational sales.

Medical Marijuana

Ohio is the Newest Medical Marijuana State, But You Can't Smoke It. Gov. John Kasich (R) last Wednesday signed into law a medical marijuana bill that allows use of full plant material, but not in smokeable form. Under the new law, it should take up to two years for Ohioans to see the first medical marijuana dispensaries.

Asset Forfeiture

Federal Asset Forfeiture Reform Bill Filed. Last Thursday, Senate Judiciary Committee Chairman Charles Grassley (R-IA) and ranking member Patrick Leahy (D-VT) introduced the "Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act," or DUE PROCESS Act. The bill would raise the standard of proof from a "preponderance of the evidence" to the much higher "clear and convincing" standard, shift the burden of proof from innocent owners to the government, and guarantee indigent defense for property owners. The bill has not yet been assigned a bill number.

New Jersey Asset Forfeiture Reporting Bill Advances. A bill that would require county prosecutors to produce annual reports on assets seized through civil forfeiture was approved unanimously by a Senate committee last Thursday and awaits a Senate floor vote. The bill would require prosecutors to report the nature of the crime involved and the status of money or property seized.

Drug Testing

Michigan Governor Signs Roadside Drug Testing Pilot Program Bill. Gov. Rick Snyder (R) has signed into law a bill that will allow state police to conduct a one-year pilot program to conduct roadside saliva drug testing on suspected drugged drivers. The program will be conducted in five counties by officers who have completed specialized training. The bill has been criticized by some lawmakers, who said the science is lacking when it comes to the impact of marijuana on driving.

International

Canada New Democrats Call for Pot Decriminalization Ahead of Legalization. The New Democrats have introduced a motion calling on the House of Commons to recognize the contradiction in continuing to give people criminal records for something the Liberal government should not be a crime. The motion calls for the immediate decriminalization of marijuana.

Dutch Cities Call Again for Regulated Marijuana Cultivation. In a vote at the meeting of the Association of Dutch Municipalities last week, nearly 90% supported a call on the government to allow experiments with regulated marijuana production. Under Dutch law, coffee shops call sell small amounts of marijuana to consumers, but there is no provision for legally supplying the coffee shops.

Israel Marijuana Decriminalization Bill Pulled… for Now. Member of the Knesset Sharren Haskel (Likud) has pulled her decriminalization bill after Public Security Minister Gilad Erdan agreed to form a special committee to examine marijuana policy. Erdan had opposed Haskel's bill, but the two agreed to form the committee to "examine enforcement policy towards personal use of cannabis without changing the existing social norms about cannabis and general drug use."

Moroccan Party Leaders Calls for Legalization of Hash Cafes. Ilyass El Omari, secretary general of the Authenticity and Modernity Party (PAM) said he supports allowing people in hash-growing regions "to be able to open cafes where they can legally sell cannabis to consumers in reasonable and specific amounts on a weekly basis." The PAM had previously called for decriminalization and regulated cultivation for medical uses, but El Omari is now taking it a step further.

Medical Marijuana Update

The California legislature gets down to business, medical marijuana expansion bills become law in Colorado and Vermont, a "poison pill" California initiative fails to make the ballot, and more.

California

Last Wednesday, the Senate approved a medical marijuana sales tax. The Senate Wednesday approved a bill imposing a 15% sales tax on medical marijuana on a 27-9 vote. The measure, Senate bill 987, now goes to the Assembly. Critics have charged it will hurt poor patients, but bill sponsor Sen. Mike McGuire (D-Healdsburg) says he will amend the bill in the Assembly to ensure that low income people don't have to pay the tax.

Also last Wednesday, the Assembly approved medical marijuana research. The Assembly Wednesday approved Assembly Bill 1575, an omnibus medical marijuana bill that includes provisions easing the way for research on the plant's medicinal properties. The bill specifies that it is "not a violation of state law or local ordinance or regulation for a business or research institution with state authorization to engage in the research of medical cannabis used for the medical purposes." The bill now heads for the Senate.

Also last Wednesday, the Assembly approved "cottage" medical marijuana farms. The Assembly Wednesday approved Assembly Bill 2516, which would create a new category of cultivator license for outdoor grows under 2,500 square feet and indoor grows under 500 square feet. "We are trying to ensure small medical cannabis growers on the North Coast can continue to do business as this industry moves forward," said sponsor Assemblyman Jim Wood (D-North Coast). "It is not fair to require the small farmers to adhere to the same standards as larger operations." The bill now heads for the Senate.

On Tuesday, an initiative to create a state medical marijuana monopoly failed to qualify for the ballot. An initiative filed by a leading state anti-medical marijuana activist that would have banned all private cultivation sites and dispensaries has failed to qualify for the ballot. The California Safe and Drug-Free Community Act was filed by Roger Morgan, with the Take Back American campaign, which brandishes a #stoppot hashtag.

Colorado

On Tuesday, the governor signed a medical marijuana in schools bill. Gov. John Hickenlooper (D) Tuesday signed into law "Jack's Law," which allows for the use of medical marijuana in schools under strict conditions. The measure is House Bill 1373.

Montana

On Monday, a medical marijuana initiative reported having 30,000 raw signatures. Backers of Initiative 182, which seeks to restore the state's medical marijuana program demolished by the legislature in 2011, say they have some 30,000 raw signatures as a June 17 deadline draws near. They need 24,000 valid signatures to qualify. Initiative watchers generally assume as many as 30% of gathered signatures could be invalidated. If that were the case right now in Montana, the initiative would not make the ballot.

New Jersey

Last Wednesday, a bill to add PTSD to the list of qualifying conditions won a committee vote. A bill that would add PTSD to the list of qualifying medical marijuana conditions advanced out of the Assembly Oversight Committee on a 3-0 vote Wednesday. The measure now heads for an Assembly floor vote. A similar bill was approved by the Assembly last year, but died in Senate committee.

Vermont

On Tuesday, the governor signed a medical marijuana expansion bill. Gov. Peter Shumlin (D) Tuesday signed into law Senate Bill 14, which will expand the state's medical marijuana system. Shumlin used the occasion to emphasize medical marijuana as an alternative to opioid pain relievers: "At a time when opiate addiction is ravaging our state and drug companies continue to urge our doctors to pass out painkillers like candy, we need to find a more practical solution to pain management. This bill ensures that Vermonters who are suffering will have access to medicine that is high quality, laboratory tested, and most importantly non-addictive," he said.

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

Chronicle AM: Mass MJ Init Sees Court Challenge, Governors Sign MedMJ Bills, More... (6/8/16)

Foes of marijuana legalization are in court today in Boston to try to block a pending initiative, medical marijuana expansion bills become law in Colorado and Vermont, a public summit on new psychoactive substances is coming to New York, and more.

It just got easier to obtain the overdose reversal drug naloxone in Illinois. (wikimedia.org)
Marijuana Policy

Massachusetts Supreme Judicial Court Hears Challenge to Legalization Initiative. Opponents of the legalization initiative from the Maine Campaign to Regulate Marijuana Like Alcohol sought to block it Wednesday by arguing that it is fatally flawed because it doesn't explicitly say it would allow the use of marijuana edibles. Attorney John Scheft argued that voters were "significantly misled" when they were told the measure would legalize marijuana because it would legalize "marijuana, hashish, marijuana concentrates, and also food products." The summary language does refer to "marijuana products." But at least one justice expressed skepticism: "Having read your summary I would have no idea that the measure allows the infusion of a hallucinogen into food and drink at all," said Justice Robert Cordry.

Sheldon Adelson Buys Nevada Newspaper; Newspaper Reverses Support for Legalization. Las Vegas casino magnate Sheldon Adelson, a large contributor to conservative politicians and anti-marijuana efforts, bought the Las Vegas Review Journal last December. The paper had supported marijuana legalization, but no longer after Adelson "and his wife Miriam pressured editorial board members to visit a drug treatment center and reconsider the publication's support for legalization." A legalization initiative from the Nevada Campaign to Regulate Marijuana Like Alcohol will be on the ballot in November.

Medical Marijuana

Colorado Governor Signs Medical Marijuana in Schools Bill. Gov. John Hickenlooper (D) Tuesday signed into law "Jack's Law," which allows for the use of medical marijuana in schools under strict conditions. The measure is House Bill 1373.

Vermont Governor Signs Medical Marijuana Expansion Bill. Gov. Peter Shumlin (D) Tuesday signed into law Senate Bill 14, which will expand the state's medical marijuana system. Shumlin used the occasion to emphasize medical marijuana as an alternative to opioid pain relievers: "At a time when opiate addiction is ravaging our state and drug companies continue to urge our doctors to pass out painkillers like candy, we need to find a more practical solution to pain management. This bill ensures that Vermonters who are suffering will have access to medicine that is high quality, laboratory tested, and most importantly non-addictive," he said.

Heroin and Prescription Opioids

Illinois Legislature Overrides Veto, Passes Opioid Overdose Access Reversal Drug Bill. Both the House and the Senate have voted to override a partial veto by Gov. Bruce Rauner (R) of House Bill 1, which will allow access to naloxone (Narcan) without a prescription, require private insurers to provide coverage for anti-overdose drugs, and expand drug courts.

New Psychoactive Substances

Senate Committee Holds Hearing on New Psychoactive Substances. The Senate Judiciary Committee Tuesday held a hearing on new psychoactive substances (NPSs) weighted heavily toward pushing for giving the DEA and the Justice Department greater latitude to prosecute people for selling and distributing NPSs. The hearing devoted little attention to policy approaches that could reduce demand for NPSs or harms associated with their use.

New York City Summit on New Psychoactive Substances Tomorrow and Friday. "New Strategies for New Psychoactive Substances: A Public Health Approach" is going on Thursday and Friday at the John Jay College of Criminal Justice. Click the link to get more info and to register.

Asset Forfeiture

Delaware House Approves Asset Forfeiture Reform With Big Loophole. The House Tuesday approved House Bill 309, which claims to bring public disclosure to the state's civil asset forfeiture fund. But the bill also allows law enforcement to apply for money from the fund in secret. Law enforcement said the language was necessary to not jeopardize ongoing investigations. The bill is now before the Senate Judiciary Committee.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School