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Chronicle AM: DEA Rejects MJ Rescheduling, AZ Legalization Init Makes Ballot, More... (8/11/16)

The DEA is up to the same old same old, Arizona joins the list of states voting on marijuana legalization this fall, heroin overdoses jump in recent years in New York, and more.

Marijuana Policy

DEA Again Refuses to Reschedule Marijuana. The DEA today again refused to reschedule marijuana, arguing that its therapeutic value has not been scientifically proven. The move rejecting a rescheduling petition from two governors comes despite medical marijuana being legal in half the states and in the face of an ever-increasing mountain of evidence of marijuana's medicinal utility. Today's action marks at least the fourth time the DEA has rejected petitions seeking to reschedule marijuana. The effort to get the DEA to move marijuana off the same schedule as heroin has been going on since 1972, and once again has garnered the same result. The agency did announce one policy change that could make it easier to conduct marijuana research. It said it would end the University of Mississippi's monopoly on the production of marijuana for research purposes by granting growing licenses to a limited number of other universities.

Arizona Legalization Initiative Qualifies for November Ballot. It's official: State officials have confirmed that the initiative from the Campaign to Regulate Marijuana Like Alcohol has gathered enough valid voter signatures to qualify for the November ballot. The initiative will appear on the ballot as Proposition 205.

Heroin and Prescription Opioids

Fatal Overdoses Have Jumped in New York City in Recent Years. Fatal drug overdoses have jumped 66% in the city between 2010 and 2015, the city Department of Health and Mental Hygiene Reported Tuesday. Last year, 937 New Yorkers died of overdoses, compared to 541 in 2010. Heroin was involved in 59% of the deaths.

International

Vietnam Sentences Nine to Death for Smuggling Heroin to China. A court in Lang Son has handed out death sentences to nine men for smuggling about 500 pounds of heroin to China. Two others were sentenced to life in prison. Under Vietnamese law, possession or sale of more than 100 grams of heroin is punishable by death.

Chronicle AM: NYC MJ Arrests Rising Again, Dark Web Drug Sales Up Dramatically, More... (8/9/16)

Marijuana arrest numbers are headed in the wrong direction in New York City, Ohio makes a first move toward implementing medical marijuana, New York Sen. Chuck Schumer declares war on new psychoactive substances, and more.

Chuck Schumer wants to play whack-a-mole with K2 and Spice. (LA Dept. of Health)
Marijuana Policy

New York City Marijuana Arrests on the Rise Again. After declining during the first two years of Mayor Bill de Blasio's (D) administration, pot arrests are on the rise again in the Big Apple. The 9,331 people arrested on possession charges in the first half of this year is a 30% increase over the same period last year. That's not good news, but it's still nowhere near as bad as it was under Michael Bloomberg. In 2010, more than 50,000 were arrested for pot; this year, if current trends keep up, it will still be under 20,000.

Medical Marijuana

Ohio Takes First Step Toward Getting Medical Marijuana Up and Running. The state Medical Marijuana Control Program has unveiled a website with the first information on how it plans to implement the state's new medical marijuana law. Medical marijuana will not be available before September 2018, as the state works to develop rules and regulations.

South Dakota Judge Rejects Medical Marijuana Initiative Campaign's Appeal. The state will not be voting on the issue this November after a state court judge denied a request from the campaign to overturn Secretary of State Shantel Krebs' finding that the group did not hand in enough valid voter signatures to qualify for the ballot. South Dakota has twice previously rejected medical marijuana at the polls -- the only state to do so.

New Psychoactive Substances

Sen. Schumer Responds to New Drugs With Old Prohibitionist "Whack-A-Mole" Strategy. Sen. Charles Schumer (D-NY) announced today that he is filing a new bill that would criminalize the chemicals used to make new psychoactive substances such as synthetic cannabinoids ("Spice," "K2"), synthetic stimulants ("bath salts"), and synthetic opioids. "We need a federal hammer to nail these toxic concoctions of synthetic drugs to reverse this troubling trend… This federal legislation will ban 22 synthetic drugs, including powerful forms of fentanyl, crippling the unlawful chemists cooking up these drugs and the cartels that push them to our local stores and streets. Banning these drugs quickly will help the feds step up their game of whack-a-mole so that we can help stem the tide of synthetic drug use here in New York State and across the country."

International

Dark Web Drug Sales Triple Since End of Silk Road. It's been three years since federal authorities shut down the Silk Road dark web drug sales website, but online illicit drug sales have never been higher. Drug sales have tripled since then to somewhere between $12 million and $20 million a month, while revenues have doubled, according to a study published by Rand Corporation Europe. While dark web drugs sales make up only a small fraction of all illicit drug sales, many of the transactions are for more than $1,000, suggesting that drugs are being purchased online for resale on the streets.

Chronicle AM: WA Legal MJ Sales Top $1 Billion, AR Welfare Drug Testing Flop, More... (8/5/16)

Arizona legalizers fight a lawsuit aimed at knocking them off the ballot, Washington rakes in the tax revenue from legal pot, asset forfeiture is in the news in California and New York, and more.

Arkansas forced 800 welfare applicants to do drug screens, one came up dirty. (Wikimedia/Creative Commons)
Marijuana Policy

Arizona Legalization Campaign Wants Lawsuit Tossed. The group behind the state's legalization initiative has asked a judge to throw out a lawsuit filed by foes seeking to keep the measure off the November ballot. The Campaign to Regulate Marijuana Like Alcohol argued that the effort is more about politics and ideology than ensuring state law is followed. Foes argued that the ballot measure's summary language does not describe everything the initiative would do. Both sides will be in court a week from today.

In Face of Uproar, Oregon US Attorney Drops Federal Marijuana Charge Against Teen for One Gram of Weed. Rather than prosecute Devontre Thomas, 19, for possession of a gram of marijuana, federal prosecutors have agreed to enter him into a pretrial diversion program. The move comes after Oregon elected officials said the prosecution was overkill.

Washington State Sees Legal Marijuana Sales Push Past Billion Dollar Mark. After a sharp jump in adult sales last month as medical dispensaries were shut down, the state has now seen pot sales edge past a billion dollars, if revenue from processors and producers is included. The state has collected $273 million in excise taxes on the sales since they began two years ago.

Asset Forfeiture

California Asset Forfeiture Reform Bill Set to Move After Compromise. After discussions with law enforcement groups, state Sen. Holly Mitchell (D-Los Angeles) has amended her asset forfeiture reform bill, Senate Bill 443, so that only property seizures worth less than $40,000 would require a criminal conviction before permanent seizure. Seizures higher than that amount would not require that standard of proof. Mitchell said the compromise would allow police to preserve their ability to go after large criminal enterprises. The police groups have now dropped their opposition to the bill.

NYPD Sued for Failure to Release Asset Forfeiture Data. NYPD collected more than $6 million in asset forfeiture revenues in 2013, but is ignoring records requests for information on how it collects and distributes the cash it seizes, according to a lawsuit filed Thursday by a legal aid group representing low-income people. The group, Bronx Defenders, had submitted a public records request nearly two years, but NYPD has been unresponsive, the lawsuit alleges.

Drug Testing

Arkansas Welfare Drug Test Program Finds Hardly Any Drug Users. According to data released this week by the Department of Workforce Services, exactly one welfare applicant out of 800 has failed a drug test. Another four refused to take it, rendering them temporarily ineligible for benefits. All five taken together constitute 0.63% of welfare applicants. The one failed drug test means 0.125% of all applicants tested positive. Arkansas and other states that have enacted such laws have done so on the unspoken assumption that welfare applicants are using drugs at the taxpayers' expense, but, once again, that has proven not to be the case.

Medical Marijuana Update

A second Arkansas medical marijuana initiative is still alive (one has already qualified for the ballot), Boston gets its first dispensary, Minnesota chronic pain patients now qualify for medical marijuana, and more.

Arkansas

Last Friday, a medical marijuana got more time to gather signatures. Arkansans United for Medical Marijuana, the group behind the Arkansas Medical Marijuana Amendment initiative, had come up short of the 82,000 valid voter signatures required to qualify for the November ballot, but it handed in 72,000 valid signatures, qualifying it for additional time to gather enough signatures to make the ballot. Another medical marijuana initiative, the Arkansas Medical Marijuana Act, has already qualified for the ballot.

Florida

Last Friday, medical marijuana foes got a big bucks donation from a supermarket heiress. Carol Jenkins Barnett, heir to the Publix supermarket fortune, has donated $800,000 to Drug Free Florida to fight the Amendment 2 medical marijuana initiative. Jenkins Barnett also donated big time to defeating the medical marijuana initiative in 2014, handing out $500,000 to Drug Free Florida that year.

Massachusetts

On Wednesday, Boston got its first dispensary. The Patriot Cares dispensary is open on Boston's Milk Street as of today. The company says it's ready for 150 patients a day and that 200 patients have already registered.

Minnesota

On Monday, chronic pain patients qualified for medical marijuana. As of August 1, the state's medical marijuana program includes people suffering from chronic pain that is not eased by traditional drugs or therapies.

South Dakota

On Tuesday, medical marijuana initiative supporters sued over signature counts. The secretary of state's office said petitions from the South Dakota Coalition for Compassion came up short on signatures, blocking the measure from going to the voters, and now, the coalition has filed a complaint alleging that signatures were not properly counted. The coalition is seeking to have the secretary of state's decision thrown out and that a local judge will order the initiative placed on the November ballot.

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

Chronicle AM: Obama Commutes More Drug Sentences, Boston's First MedMJ Shop Opens, More... (8/3/16)

Obama commutes more drug sentences, Boston gets its first dispensary, more signs of how horrid South Dakota is on marijuana, Utah SWAT deployment data, and more.

Utah SWAT is aimed mostly at drug offenders. (Wikipedia/Creative Commons)
Marijuana Policy

Oregon US Attorney Prosecuting Black Teen Over One Gram of Weed. In the first federal marijuana possession prosecution in the state in five years, teenager Devontre Thomas has been charged over a gram of pot found in another student's backpack at the federal Indian School they both attended. The other teen claimed he got the weed from Thomas, and that's enough for US Attorney Billy J. Williams to charge Thomas with "knowingly and intentionally possessing marijuana." Williams is getting blowback from many, including US Sen. Jeff Merkley (D-OR), who said "situations like this are best handled by the state."

South Dakota to Prosecute Consultants for Aborted Indian Tribe Pot Grow. Attorney General Marty Jackley announced Wednesday that two men who consulted with the Flandreau Santee Sioux Tribe in its effort to grow marijuana have been indicted on a range of marijuana possession charges. The tribe began to grow after the federal government signaled that tribes could do so, but destroyed its crop after federal officials raided other tribes than had entered the business and after state officials threatened to arrest non-Indians who used marijuana there. One of the consultants was hit with felony possession and is looking at up to 7 ½ years in prison, while the other, who cooperated with authorities, only got a misdemeanor charge.

Medical Marijuana

Boston Gets Its First Dispensary. The Patriot Cares dispensary is open on Boston's Milk Street as of today. The company says it's ready for 150 patients a day and that 200 patients have already registered.

South Dakota Medical Marijuana Initiative Supporters Sue Over Signatures. The secretary of state's office said petitions from the South Dakota Coalition for Compassion came up short on signatures, blocking the measure from going to the voters, and now, the coalition has filed a complaint alleging that signatures were not properly counted. The coalition is seeking to have the secretary of state's decision thrown out and that a local judge will order the initiative placed on the November ballot.

Law Enforcement

Utah SWAT Used Overwhelmingly for Drug Crimes. Utah is the only state to currently require reporting on SWAT deployments, and the 2015 report has just been released. SWAT was deployed 457 times in 2015, including 281 forced entries into private residences. Three-quarters of those forced entries were drug raids. The data also showed that police were more likely to use "no-knock" search warrants against drug suspects than against violent crime suspects. Go figure.

Pardons and Clemency

Obama Frees More Federal Drug Prisoners, But Time is Running Out. Some 214 federal drug war prisoners saw their prison sentences commuted Wednesday as President Obama took another step toward fulfilling his administration's pledge to use his pardon power to cut draconian drug sentences and free prisoners serving decades-long stretches for non-violent drug crimes.Those whose sentences were commuted Wednesday will walk out of prison on December 1. With Wednesday's commutations, Obama has now commuted the sentences of 562 men and women sentenced under harsh federal drug laws, including 197 people doing life for drug offenses. That's more commutations than the last nine presidents combined.

Chronicle AM: IL Gov Signs Decrim Bill, Marijuana Foes Pony Up to Fight Reform, More... (8/1/16)

Your correspondent was on vacation last week, but drug policy and the drug war weren't. Illinois has decriminalized marijuana possession, Republicans are shifting on marijuana prohibition, Minnesotans with chronic pain now qualify for medical marijuana, Floridians can now get naloxone without an individualized prescription, and more.

It's official: Massachusetts will vote on marijuana legalization this fall. (regulatemass.org)
Marijuana Policy

Poll: Even Republicans Now Favor Marijuana Legalization. For the first time, a plurality if not a majority of people who identify as Republicans say they support marijuana legalization. A new YouGov poll has 45% of Republicans in favor, with 42% opposed. Only eight months ago, Republicans opposed legalization in the same poll, by a margin of 50% to 36%.

Pot Prohibitionists Put Up $2 Million to Fight Legalization. The political arm of the anti-legalization group Smart Approaches to Marijuana has raised more than $2 million to fight legalization initiatives in five states this year, including California, where Prop 64 is on the November ballot. The bulk of the money will go to California. The group is led by former Rep. Patrick Kennedy (D-Rhode Island) and former drug czar's office official Kevin Sabet.

Illinois Decriminalizes Marijuana. Gov. Bruce Rauner (R) last Friday signed into law Senate Bill 2228, which decriminalizes the possession of up to 10 grams of marijuana and creates a maximum fine of $200. The law goes into effect immediately, making Illinois the 21st state to have decriminalized small-time pot possession.

Massachusetts Legalization Initiative is Officially on the November Ballot. State officials last month quietly certified that the initiative from the Campaign to Regulate Marijuana Like Alcohol has overcome the final hurdle to going before the voters in November. Advocates had to hand in a small number of signatures this summer when the legislature refused to act after the campaign handed in tens of thousands of signatures earlier this year. The initiative will be Question 4 on the November ballot.

Northern Marianas Could Vote on Legalization in November. A lawmaker in the US territory has pre-filed a bill that would let residents vote on legalization in November. Senator Sixto Igisomar is the man behind the move. The legislature must approve it by August 10 for it to make the ballot this year.

Medical Marijuana

Arkansas Medical Marijuana Amendment Initiative Gets More Time to Gather Signatures. Arkansans United for Medical Marijuana, the group behind the Arkansas Medical Marijuana Amendment initiative, had come up short of the 82,000 valid voter signatures required to qualify for the November ballot, but it handed in 72,000 valid signatures, qualifying it for additional time to gather enough signatures to make the ballot. Another medical marijuana initiative, the Arkansas Medical Marijuana Act, has already qualified for the ballot.

Minnesota Chronic Pain Patients Now Qualify for Medical Marijuana. As of today, the state's medical marijuana program includes people suffering from chronic pain that is not eased by traditional drugs or therapies.

Harm Reduction

Florida Makes Opioid Overdose Reversal Drug Available Without Prescription. The overdose reversal drug naloxone (Narcan) is now available through a "standing order" from a doctor, meaning drugs users, friends, and family members no longer need an individual prescription to obtain the antidote. Additionally, the pharmacy chain CVS will begin stocking naloxone in all its pharmacies in the state beginning this month.

International

Italian Parliament Begins Debate on Marijuana Legalization.Last week, parliament began discussing whether to approve a marijuana legalization bill. The bill would allow for the possession of up to 15 grams at home and 5 grams on the street and let people grow up to five plants. It would also allow growing collectives of up to 50 growers. Rightist opponents of the measure have already filed more than 1,300 proposed amendments aimed at snuffing it. Debate on the bill will resume in September.

Indonesia Executes Four Drug Prisoners. Ignoring a growing global clamor against the practice, Indonesian authorities executed four convicted drug offenders last Friday. Ten others set to be executed at the same time won a temporary reprieve when a storm hit the island where the executions were taking place, but officials said they would be put to death later.

Medical Marijuana Update

Some senators take a tiny first step on medical marijuana, a California pot-growing county approves a massive medical marijuana farm, Montanans will have the chance to reinstate their medical marijuana system in November, and more.

National

Last Friday, a CBD research bill was filed in the Senate. Four members of the Senate Judiciary Committee, Sens. Dianne Feinstein (D-CA), Chuck Grassley (R-IA), Patrick Leahy (D-VT), and Tom Tillis (R-NC), filed the Cannabidiol Research Expansion Act (S. 3269). The bill would require the attorney general to determine whether CBD should be considered a separate substance from marijuana and whether it should be rescheduled or removed from the Controlled Substances Act.

California

Last Friday, Humboldt County approved a massive medical marijuana farm. The Emerald Triangle pot-growing county has approved its first medical marijuana grows under new regulations adopted this year. One is a quarter-acre mixed-light farm in Carlotta and the other is a seven-acre outdoor grow and processing center in Honeydew.

Montana

Last Wednesday, a medical marijuana initiative qualified for the ballot. An initiative aimed at reestablishing the state's medical marijuana system has qualified for the November ballot, state officials said. The I-182 initiative would reverse restrictions imposed by the legislature in 2011 and, after lengthy court challenges, set to go into effect on August 31. Voters had approved the state's medical marijuana system in 2004.

Rhode Island

Last Wednesday, the governor signed a bill allowing medical marijuana for PTSD. Gov. Gina Raimondo (D) signed into law a bill that will allow medical marijuana to be recommended for the treatment of PTSD symptoms.

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

Chronicle AM: New England Pot Polls, First FL MedMJ Dispensary Set to Open, More... (7/20/16)

A Massachusetts poll has the marijuana legalization initiative losing, a New Hampshire poll shows record support for legalization, Florida's first dispensary gets the okay to open, Illinois protects drug court participants' opioid treatment access, and more.

Marijuana Policy

Massachusetts Poll Has Legalization Initiative Losing, But… A new poll from Gravis Marketing has 51% opposed to the legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol, with only 41% saying they would vote for it. The poll was commissioned by a conservative political action committee called Jobs First, and Gravis used "instant voice recognition" to conduct the survey. Gravis said the poll's margin of error was +/- 3.3%.

New Hampshire Poll Has Record Support for Legalization. A whopping 61% of respondents said they supported legalizing small amounts of marijuana in a new WMUR Granite State poll. The strong support for freeing the weed comes as even as 43% of respondents named illegal drug use as the most important problem facing the state. Illegal drug use has been cited as the state's top problem in every WMUR since October 2015.

Medical Marijuana

Florida's First Dispensary Gets Okay to Open. The state Department of Health Wednesday granted a formal Authorization to Process and Authorization to Dispense to the Trulieve dispensary in Tallahassee. The shop will begin selling low-THC marijuana products beginning immediately, with high-THC products available early next month.

Heroin and Prescription Opioids

Illinois Governor Signs Bill to Protect Drug Court Participant Opioid Treatment Access. Gov. Bruce Rauner (R) last week signed into law a bill that will prevent drug court judges from barring participants from using medications doctors prescribe to treat opiate addiction. The measure will go into effect January 1.

California: What Will Marijuana Legalization Look Like? [FEATURE]

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

Twenty years ago, California led the way on weed, becoming the first state in the nation to approve medical marijuana. Now, while it's already lost the chance to be the first to legalize recreational use, the Golden State is poised to push legal pot past the tipping point.

Although voters in Colorado and Washington first broke through the grass ceiling in 2012, with Alaska, Oregon, and Washington, DC, following suit in 2014, if and when Californians vote to legalize it this coming November, they will more than triple the size of the country's legal marijuana market in one fell swoop.

It's not a done deal until election day, of course, but the prospects are very good. The Adult Use of Marijuana Act (AUMA) legalization initiative is officially on the ballot as Proposition 64, it has cash in the bank for the campaign (more than $8 million collected so far), it has broad political support, including Lt. Gov. Gavin Newsom (D) and at least four California US representatives, and it has popular support, with the latest poll showing a healthy 60% of likely voters favor freeing the weed.

It's also that the surfer's paradise is riding a weed wave of its own creation. Thanks in large part to the "normalization" of the pot business that emerged out of California's wild and wooly medical marijuana scene, the national mood about marijuana has shifted in recent years. Because of California, people could actually see marijuana come out of the shadows, with pot shops (dispensaries) selling it openly to anyone with an easily obtained doctor's recommendation and growers turning parts of the state in pot cultivation hotbeds. And the sky didn't fall.

At the same time, the shift in public opinion has been dramatic. According to annual Gallup polls, only a quarter of Americans supported marijuana legalization when California voted for medical marijuana in 1996, with that number gradually, but steadily, increasing to 44% in 2009, before spiking upward ever since then to sit at 58% now.

California isn't the only state riding the wave this year -- legalization will also be on the ballot in Maine and Nevada and almost certainly in Arizona and Massachusetts -- but it is by far the biggest and it will help the state regain its reputation as cutting edge on social trends, while also sending a strong signal to the rest of the country, including the federal government in Washington.

But what kind of signal will it send? What will legalization look like in the Golden State? To begin, let's look at what Prop 64 does:

  • Legalizes the possession of up to an ounce of marijuana and the cultivation of up to six plants (per household) by adults 21 and over.
  • Reduces most criminal penalties for remaining marijuana offenses, such as possession or cultivation over legal limits or unlicensed distribution, from felonies to misdemeanors.
  • Regulates the commercial cultivation, processing, distribution, and sale of marijuana through a state-regulated licensing system.
  • Bars commercial "mega-grows" (more than ½ acre indoors or 1 acre outdoors) until at least 2023, but makes provisions for licensed "microbusinesses" (grows smaller than 10,000 square feet).
  • Allows for the licensing of on-site consumption premises, or "cannabis cafes."
  • Allows cities and counties to regulate or even prohibit commercial marijuana activities, but not prohibit personal possession and cultivation.
  • Taxes marijuana at 15% at the retail level, with an additional $9.25 per ounce cultivation tax imposed at the wholesale level.

In other words, pot is largely legalized and a taxed and regulated market is established.

Some changes would occur right away, advocates said.

"The criminal justice impact will be huge and immediate, and it will start on November 9," said Lynne Lyman, California state director for the Drug Policy Alliance (DPA), which is backing Prop 64 not only rhetorically, but also with its checkbook through its lobbying and campaign arm, Drug Policy Action.

California arrests about 20,000 people a year for marijuana felonies and misdemeanors, currently has about 10,000 people incarcerated for pot offenses, and has as many as half a million people with pot convictions on their records. Things are going to change in a big way for all these people.

"Those marijuana arrests will stop," said Lyman. "And everyone currently sitting in jail or prison will be eligible to apply for release. They will have to file a petition, but like Prop 47 [the sentencing reform initiative passed in 2014], unless there is a compelling reason to deny it, the court must grant it. Similarly, all those people who have had marijuana offenses will be eligible to have their record reclassified."

To be clear, it will still be possible to be arrested for a marijuana offense in California after Prop 64. Possession of more than an ounce (or more than four grams of concentrate) will be a crime punishable by up to six months in jail and possession of less than an ounce can be a misdemeanor offense if it is on school grounds during school hours.

Similarly, cultivation of more than six plants without being a permitted medical marijuana patient or without a license is still a crime, but typically only a misdemeanor punishable by a maximum of six months in jail. There are some exceptions: Illegal growers could be charged with a felony if the person has prior violent offenses or violates state water or environmental laws.

Minors get special treatment. Kids under 18 who get caught with pot are hit with an infraction punishable by drug education, counseling, or community service, but no fines. People between 18 and 21 get an infraction with a maximum $100 fine. And while adults who possess pot on a school grounds during school hours get a misdemeanor, kids under 18 will only be hit with an infraction.

"We want to reduce the number of young people getting into the system, and this will really dial down the firehose into mass incarceration," said Lyman.

The state's largest marijuana consumer group, California NORML, certainly likes those provisions, but it only gives Prop 64 one thumb up and foresees some issues down the road.

"We're supporting the AUMA with reservations," said the group's long-time head Dale Gieringer. "It's not the best initiative ever written -- it has some problems that will have to be addressed -- but it is an important step. The huge thing it does is legalize adult possession of an ounce and adult cultivation of up to six plants. That's big. And it turns cultivation and possession with intent felonies into misdemeanors, or at worst, wobblers," meaning prosecutors could only in limited cases charge them as felonies.

"The AUMA is very long and complicated, with unnecessary hang-ups and restrictions," Gieringer complained, citing bans on public smoking and vaping as examples.

"In places where there are bans on smoking in apartments or residences, in public is about the only place you can smoke. If it's illegal to smoke pot in a public place, people will be hard-pressed to find any place," he said. "You can't even vaporize in a public place, and that's totally out of line with the existing science. They just caved in to the powerful anti-smoking lobby on that, and we can't endorse that."

The CaNORML membership also includes pot farmers, of which the group estimates there are some 30,000 in the state. They are nervous, Gieringer said.

"We have a lot of small growers and they have a lot of issues," he explained. "They are concerned about regulatory provisions they fear could quickly push small growers out of the business. AUMA requires you to be an in-state resident, and we're already growing more than we need, yet we have out-of-state sponsors lining up behind in-state sponsors."

Indeed, earlier this month, the state industry's largest membership group, the California Growers Association, voted to remain neutral on Prop 64 -- or least for now -- after its membership split almost down the middle on whether to support it. Growers, including association head Hezekiah Allen, worried that big-money investment and consolidation of the industry impelled by huge "mega-grows" could wipe out the now generations-old traditional pot farming scene in the stat's North Coast.

Allen warned in a report to the group's board that such consolidation could "result in a catastrophic economic collapse for huge swathes of California," including the North Coast's Emerald Triangle.

Stoners may have to fight for the right to toke and pot farmers for their place in the market, but some of the communities most buffeted by drug prohibition should see benefits. Prop 64 contains language that will direct revenues to minority communities, and also opens the door for localities themselves to take proactive steps toward racial justice.

"The AUMA has a community reinvestment fund with the first revenues available in 2019," said DPA's Lyman, adding that it will be $10 million the first year and up to $50 million a year in the futre. "This is going to communities most impacted by the drug war, black and brown communities, and will include everything from legal services, to public health and economic development. The communities will be able to decide."

Localities will also be deciding on how to implement regulation of the legal market, and that is another opportunity, Lyman said.

"Hopefully, we will see things like what happened in Oakland, where under the new regulations, 50% of the new licenses have to be from the community," she said. "We hope other cities will do that to mitigate racial discrimination and the injustice of the past by prioritizing people of color and women, so we don't end up white a bunch of white men getting rich off what black and brown people have endured. DPA will be very involved in this."

Somebody is going to be making money, though. The state's marijuana market, estimated at $2.7 billion for medical last year, could quickly hit $7 billion under legalization.

"I see tremendous potential for a blossoming of cannabis opportunities," said veteran California marijuana activist, author, and historian Chris Conrad, who has become a pro-Prop 64 spokesman under the rubric of Friends of Prop 64. "Of course, the size of the industry will be impacted by the need to limit the market to intra-state rather than national or international. Given that California is the world's sixth largest economy and has the largest appetite for cannabis in the world, the state's nonmedical market is going to be sizeable."

Legalization will bring changes from price reductions to changing product lines, he said.

"Overall marijuana production is expected to soar, prices to come down and probably a lot more cannabis will be converted into extracts and expand or open new markets for personal hygiene products, topical remedies and essential oils," Conrad predicted. "There will be large-scale cannabis production that is homogenized with relatively low to medium potency, but still of better quality than Mexican brick weed. But we will never replace the boutique markets any more than Budweiser has eliminated microbreweries or 'Big Wine' has wiped out California's family vintners."

And it's not just marijuana, but pot-related businesses that will boom, said DPA's Lyman.

"Formalizing regulations for the first time will expand the industry, and there will be lots of ancillary industries, such as marketing, packaging, and tracking, that should all thrive in post-legalization California," she said.

"There will be new ancillary markets for products such as locking stash boxes for people to carry their cannabis while driving, toking stations near entertainment venues and discrete, low-wattage, six-plant cultivation tents specialized for use in condos and apartments," added Conrad.

Conrad said he expected counties and cities will opt in to the revenues from allowing pot commerce instead of locking themselves out with bans.

"The distribution around the state will likely be porous, some areas more saturated and others with less access," he said. "Since towns will be licensing lawful businesses and no longer will be at the mercy of the county prosecutors' discretion, I expect to see a general spread of retail sites and onsite consumption shops around the state. Not in every town, not as obnoxious and omnipresent as liquor stores, but not too far away, either."

We shall see.

"You can't predict the future," said Gieringer. "It will be a new situation. Medical marijuana here evolved through several different stages, and I expect the same process to unfold here with the Adult Use of Marijuana Act. On balance, the AUMA is an important step, but it's not the end game, and it leaves us with unresolved problems."

You may not be able to predict the future, said Lyman, but you can influence it.

"This will be a work in progress," she said. "The long-term work of implementation starts on November 8. We have to be there. To continue to be engaged will be critical."

But even under state level legalization in California, as long as there is pot prohibition somewhere in America, there will be Golden State growers ready to supply the market.

"The one thing everyone needs to recognize is that this does not end the problem of illegal marijuana growing in California," said Gieringer. "The industry has been well-entrenched for generations and is currently supplying the rest of the country, too. That market isn't going to disappear. The more expensive and difficult it is to become legal, the more people will likely participate in that black market."

Chronicle AM: Obama to Sign Opioids Bill, CO Legal MJ Fueling Economic Growth, More... (7/15/16)

A new report finds legal marijuana has been good for Colorado's economy, the White House announces President Obama will sign CARA, and more.

The president will sign the Comprehensive Addiction and Recovery Act despite the lack of adequate funding. (whitehouse.gov)
Marijuana Policy

Report Finds Legal Marijuana Bolstering Retail, Manufacturing in Colorado. In a new report, the University of Colorado Leeds School of Business finds that the state's marijuana industry is bumping up retail sales and hiring in manufacturing. Recreational cannabis sales began in 2014. That year, "We had a 3.5% increase in employment. In 2015, a 4.9% increase in food-manufacturing employment," the report said. "The data doesn't allow us to slice and dice to say, 'These are indeed edibles or not,' but the recognition is this is where they would be classified." Likewise, chemical manufacturing jobs vanished at a rate of 2.2% a year from 2002 to 2012, but increased 2.1% in 2013, 1.4% in 2014, and 3.9% last year. Chemical manufacturing includes producing cannabis oils.

Heroin and Prescription Opioids

Obama Will Sign Opioids Bill Despite Lack of Funding. President Obama will sign into law the Comprehensive Addiction and Recovery Act (S. 524) even though Congress failed to adequately fund it, the White House said Wednesday. The bill "falls far short" of necessary funding, but Obama will sign it "because some action is better than none." More funds could be appropriated in the future, but that's by no means a done deal.

International

Peru Takes Aim at Coca Cultivation in the VRAEM. The country's anti-drug agency, DEVIDA, said Thursday in is ready to eradicate coca plants in the remote and lawless Valleys of the Rio, Apurimac, and Mantaro Rivers (VRAEM) region of south-central Peru. The government has held off on eradication in the region, a major coca producer and home to a remnant of the Shining Path rebels. About three-quarters of the country's coca is grown there, and DEVIDA is ready to go after it. "Today I can say that the conditions are now entirely there for a drastic reduction in the coverage of coca in the VRAEM," Devida chief Alberto Otarola said in a news conference. "No part of Peru should be exempt from the rule of law."

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