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Chronicle AM -- March 10, 2014

California's Democrats endorse marijuana legalization, Caricom gets ready to talk marijuana, Attorney General Holder calls for expanded access to naloxone to prevent overdose deaths, legislatures in the Pacific Northwest make moves on medical marijuana, and more. Let's get to it:

Caribbean leaders are discussing ganja this week. (wikimedia.org)
Marijuana Policy

Rep. Jared Polis Introduces Federal Marijuana Impaired Driving Bill. Rep. Jared Polis (D-CO), a supporter of marijuana legalization, has introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act, which would expand the federal definition of an impaired driver to include those impaired by marijuana use. The bill is not yet available online, and the devil is in the details. Stay tuned.

California Democratic Party Endorses Legalization. The California Democratic Party voted Sunday to include in its platform a plank "to support the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol."

Support for Legalization at CPAC. Attendees at the Conservative Political Action Conference in Washington included many supporters of marijuana legalization, according to both a Huffington Post informal survey and a CPAC straw poll, which had 62% saying legalize it.

Medical Marijuana

New Jersey Program Won't Consider Adding New Conditions Until 2015. A Health Department spokesperson said late last week that the state's medical marijuana program will not consider expanding the list of conditions covered under state law until next year. That would appear to contradict the law, which required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. It also required the health department to produce a biennial report in 2012 and every two years after assessing whether there were enough growers to meet demand. But the Chris Christie administration didn't issue any reports at all until late last month, and now says it is too soon to add more illnesses.

Washington Senate Votes to Regulate Medical Marijuana. Legislation that would essentially fold the state's existing medical marijuana program into the I-502 legalization framework passed the Senate Saturday. Senate Bill 5887 would require dispensaries to be licensed under the legalization format. Patients could get their medicine there or grow their own, and they could voluntarily register with the state to get a partial tax break and buy greater quantities than allowed under general legalization. The measure now goes to the House, which has already passed a bill that requires mandatory patient registration. The session ends this week.

New York Assembly Democrats Roll Medical Marijuana Bill into Budget Proposal. In a bid to finally get medical marijuana through the legislature, Assembly Democrats have folded a bill to do that into this week's budget proposal. The bill resembles the Compassionate Care Act introduced by Assemblyman Dick Gottfried (D-Manhattan), but is not identical to it.

Harm Reduction

Holder Calls Heroin ODs "Urgent Public Health Crisis," Calls for Expanded Naloxone Access. US Attorney General Eric Holder Monday said the Justice Department was stepping up efforts to slow the increase in heroin overdose deaths. As part of that effort, he reiterated the administration's call for more law enforcement agencies to be equipped with the opiate overdose reversal drug naloxone (Narcan).

Methamphetamine

Pseudoephedrine Restriction Bill Introduced in Missouri House. Reps. Stanley Cox (R-118) and Kenneth Wilson (R-12) have filed a bill that lowers limits on the amount of pseudoephedrine-based medicines that people can purchase each month, sets an annual limit on purchase amounts, lowers the amount people can legally possess, and requires a prescription for anyone with a felony drug offense. House Bill 1787 is similar to legislation filed earlier this year in the Senate. That bill, Senate Bill 625, is currently before the Senate Judiciary Committee.

International

LEAP Proposes Amendment to UN Drug Treaties. Law Enforcement Against Prohibition (LEAP) has proposed an amendment to the UN drug treaties, the legal backbone of global drug prohibition. The amendment seeks to "eliminate the criminalization-oriented drug policy paradigm and replace it with a health, harm reduction, and human rights-oriented policy." The proposed amendment is accompanied by a letter to world leaders from LEAP executive director Neill Franklin. Read the amendment by clicking on the title link and sign onto it at the MoveOn.org link here.

Caricom Leaders to Debate Marijuana Legalization This Week. Leaders of the Caribbean Community (Caricom) trade bloc will discuss a preliminary report on decriminalizing marijuana and exploring its medicinal uses at a two-day summit beginning today on the Caribbean island of St. Vincent. The summit comes on the heels of a research report released last week by Caricom researchers that found such moves could help the region's sluggish economy.

Mexico Kills La Familia Cartel Leader -- Again. Mexican authorities are reporting that that they killed Nazario "El Mas Loco" (The Craziest One) Moreno in a shootout in Michoacan Sunday. The funny thing is that Moreno, one time leader of the La Familia Cartel, was also reported killed by authorities in December 2010. But his body was never found, and now government spokesmen say he was still alive and was acting as head of La Familia's replacement, the Knights Templar Cartel.

Chronicle AM -- January 17, 2014

Washington's attorney general has dealt a body blow to the statewide legalization of marijuana commerce there, medical marijuana continues to keep state legislatures busy, a New Mexico town and county pay out big time for a horrid anal search, heroin legislation is moving in Kentucky, and more. Let's get to it:

Marijuana Policy

Washington Attorney General Rules Localities Can Ban Marijuana Businesses. In a formal opinion released Thursday, the Washington attorney general's office held that "Initiative 502 as drafted and presented to the voters does not prevent local governments from regulating or banning marijuana businesses in their jurisdictions." The ACLU of Washington said the attorney general's opinion is mistaken and it "will go to court if necessary" to see it overturned, while the state Liquor Control Board, which is charged with implementing I-502 said that the "opinion would be a disappointment to the majority of voters who approved the law."

Marijuana Reforms Will Be on the Legislative Agenda in Louisiana Again This Year. State Rep. Austin Badon (D-New Orleans) has already introduced House Bill 14, which would dramatically lessen the state's draconian marijuana penalties, and further-reaching bills could be forthcoming. The Badon bill passed the House last year before dying in the Senate.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get Hearing This Month. State Senate Law and Justice Committee Chairman Chuck McIlhinney (R) said Thursday he had scheduled a public hearing for January 28 on a medical marijuana bill introduced this week. The bill, Senate Bill 1182, is cosponsored by Sens. Daylin Leach (D) and Mike Folmer (R).

Hawaii House Speaker Says State Needs Dispensaries. House Speaker Joe Souki said Wednesday that the lack of places for medical marijuana patients to obtain their medicine was "a gap in the law" that needs to be addressed. That patients can use medical marijuana but have no place to obtain it is "an anomaly," he said. Addressing dispensaries is a "humanitarian" issue, he added.

Utah Poll Finds Narrow Majority for Medical Marijuana. A new Salt Lake Tribune poll has 51% of Utahns supporting medical marijuana, but 67% opposing decriminalization or legalization.

Georgia Poll Finds Narrow Majority for Medical Marijuana. A new InsiderAdvantage poll has 51% of Georgians supporting medical marijuana "in very specific instances, such as in a liquid form to reduce seizures from young children." Some 27% were opposed, and 22% undecided. "The key here is that any legislation must be on a limited basis. That said, Republicans and Democrats both support this legislation by well over 50 percent, while independent voters are close to a majority as well," said Matt Towery, president of InsiderAdvantage and a former legislator.

Heroin

Kentucky Senate Approves Bill to Reduce Overdose Deaths, Increase Trafficking Penalties. The state Senate Thursday approved Senate Bill 5, which would create more treatment beds for heroin users and lengthen prison sentences for heroin and methamphetamine traffickers. A similar version of the bill passed the Republican-led Senate last year, but stalled in the Democratic-led House. The bill would require the state Medicaid program to cover several inpatient and outpatient treatment options for people addicted to opiates, including heroin and prescription painkillers. It also would divert some of the state's hoped-for savings from a 2011 prison sentencing reform package to expand treatment programs. But the bill would also stiffen penalties for people convicted of trafficking in larger quantities of heroin, methamphetamines or both, requiring them to serve at least half of their prison sentences before they are eligible for shock probation or parole.

Search and Seizure

New Mexico Town, County Pay Out Big Time for Forced Anal Searches of Drug Suspect. A Deming, New Mexico, man who was subjected to a hospital anal exam involving three enemas, a colonoscopy, and being forced to defecate in front of police and medical personnel in a fruitless search for drugs will get $1.6 million in damages in a settlement from Deming and Hidalgo County. David Eckert will most likely win additional damages from a local hospital where doctors agreed to perform the exam.

Sentencing

Charles Colson Task Force on Federal Corrections Funded in Federal Spending Bill. The omnibus federal spending bill filed this week and expected to pass quickly includes $1 million to establish the Charles Colson Task Force on Federal Corrections, an independent, bipartisan grouping that will examine a number of challenges facing the federal correctional system, including overcrowding and ways to minimize growth, violence behind bars, rehabilitation, and reentry. Colson was a Nixon administration official jailed in the Watergate scandal who became a prison reformer in the wake of that experience.

International

Spurred by Attorney, Bermuda's Medical Marijuana Debate Heats Up. Attorney Alan Gordon's online petition to have the Bermudan government allow emergency access to medical marijuana for cancer patients has spurred considerable notice on the island, with National Security Minister Michael Dunkley and Gordon publicly clashing over the law and whether Dunkley can act. Click on the link to see Dunkley's comments and Gordon's well-publicized written response.

Vietnam Sentences Three Drug Offenders to Death; Iran Executes Six. And the resort to the death penalty against drug offenders continues. According to the anti-death penalty group Hands Off Cain, three Vietnamese men charged with heroin trafficking got death sentences, while Iran, the world's leading drug offender execution, hung another six.

Chronicle AM -- January 16, 2014

Florida's medical marijuana initiative appears poised to qualify for the ballot (if it survives a challenge in the state Supreme Court), a new poll finds the country evenly split on marijuana legalization, Afghanistan was on the agenda in the Senate yesterday, and more. Let's get to it:

harvesting opium poppies in Afghanistan (unodc.org)
Marijuana Policy

ABC News/Washington Post Poll Has Americans Split on Marijuana. A new ABC News/Washington Post poll has support for marijuana legalization nationwide at 49%, with 48% opposed. The poll is in the same ballpark as other polls since the November 2012 elections, where support for legalization has ranged between 45% and 58%. Click on the link to see full poll results.

DEA Operations Chief Bemoans Marijuana Legalization Trend. DEA operations chief James Capra told a Senate committee Wednesday that marijuana legalization at the state level was "reckless and irresponsible" and could lead to dire consequences. "It scares us," Capra said, responding to a question. "Every part of the world where this has been tried, it has failed time and time again." [Editor's Note: No country had legalized marijuana until Uruguay did late last year, and that hasn't gone into effect yet. If Capra is referring to Amsterdam, where sales are tolerated, if not technically legal, cannabis coffee shops are now in their fourth decade of existence, and the problems associated with them are relatively trivial.] "There are more dispensaries in Denver than there are Starbucks," he continued. "The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It's a bad thing. This is a bad experiment. It's going to cost us in terms of social costs."

Missouri Marijuana Legalization Petitions Approved for Circulation. Secretary of State Jason Kander announced Wednesday that 13 marijuana legalization initiatives had been approved for signature-gathering. The bakers' dozen initiatives are all variations on a theme: legalize and regulate marijuana in Missouri. They were submitted by Columbia defense attorney Dan Viets, the chairman of the activist group Show-Me Cannabis. To make the November 2014 ballot, organizers must gather 157,778 valid voter signatures for at least one of them by May 4.

Maryland Coalition to Legalize Marijuana Launched. Maryland legislators Thursday launched an effort to get a marijuana legalization bill, the Marijuana Control Act of 2014, passed this year. They were joined at a press conference by members of the newly formed Marijuana Policy Coalition of Maryland, which includes the ACLU of Maryland, Law Enforcement Against Prohibition, the Maryland League of Women Voters, the Marijuana Policy Project, and the Maryland NAACP.

Medical Marijuana

Florida Initiative Campaign Has Gathered 1.1 Million Signatures. The folks behind the Florida medical marijuana initiative, United For Care/Patients United for Freedom, announced Wednesday night that they had gathered 1.1 million signatures, nearly half a million more than needed to qualify for the ballot. While all the signatures haven't been validated yet, organizers are now confident they will pass that hurdle. Now, they have to wait and see if the state Supreme Court is going to allow the effort to move ahead.

Washington Patients, Advocates Speak Out Against Bill That Would Gut Medical Marijuana System. The House Health Committee got an earful from medical marijuana advocates at a hearing Wednesday on House Bill 2149, which would eliminate cultivation cooperatives (and thus, dispensaries) by 2020 and reduce the amount of marijuana patients could possess and the number of plants they could grow. The bill mirrors many of the recommendations of the state Liquor Control Board, which is charged with implementing I-502 marijuana legalization.

Hemp

Indiana Hemp Bill Introduced. State Sen. Richard Young (D-Milltown) has introduced Senate Bill 357, which would allow the Department of Agriculture to license industrial hemp growing and production. The bill requires the department to get necessary approvals from the federal government, which has yet to approve any such production anywhere in the US.

Illinois Hemp Bill Seeks New Life in 2014. State Rep. Kenneth Dunkin (D-Chicago) introduced a hemp bill, House Bill 2668, last year, but it has languished in committee despite picking up some bipartisan support. He said Wednesday that he was cautiously optimistic that opposition may be softening, and the bill could move this year.

Heroin

Maine Heroin Deaths Up Fourfold from 2011 to 2012. The number of heroin overdose deaths in Maine quadrupled between 2011 and 2012, according to numbers released by state officials Wednesday. Officials said the increase was due to tightening restrictions on the use of prescription opiates, a cheap heroin supply, and, possibly, cuts in MaineCare. But while the increase was dramatic, the 28 heroin overdose deaths reported in 2012 is well below the 2005 peak of 43. In the years between 2005 and 2011, heroin deaths declined steadily.

Heroin Prevention Bill Package Passes Wisconsin Assembly. The State Assembly Wednesday passed the HOPE (Heroin Opiate Prevention and Education) package of four bills designed to reduce the number of overdose deaths in the state. Sponsored by Rep. John Nygren (R-Marinette), one bill would allow anyone to use naloxone to reverse overdoses, another would grant legal immunity to drug users who call for help in an overdose emergency, a third would allow communities to establish prescription drug drop-off points, and the fourth would require people to show ID when picking up prescription drugs. The naloxone and legal immunity bills are Assembly Bill 446 and Assembly Bill 447. The package now moves to the Senate.

Kratom

Oklahoma Wants to Ban Kratom, But Meets Resistance. The Oklahoma Bureau of Narcotics wants to ban the Southeast Asian herb kratom, which it calls "the legal form of heroin," but kratom fans are responding with dismay and disputing the narcs' assessment. Kratom is not a controlled substance under federal law, but narc Mark Woodward said he planned to ban it until it is federally proven to have medical benefits. Kratom users have started a petition to challenge efforts to ban Kratom.

Drug Courts

Study Finds Drug Courts Ignore Science When it Comes to Opiate Substitution Therapies. A small study of drug courts in New York state finds that their skeptical approach to opiate substitution therapies (OST), such as methadone and buprenorphine, can be a barrier to successful treatment. "Many courts do not respect medical consensus on scientifically sound treatment standards. Some courts included OST as part of court-mandated treatment options, while others allowed OST for a court-defined period of time as a bridge to abstinence. Still others showed intolerance and even disdain for anything having to do with methadone and buprenorphine, or -- as with the drug court in Albany County -- refused outright to admit people on methadone or buprenorphine treatment," the authors wrote. "Ordering people who are dependent on opioids to get off their prescribed methadone or buprenorphine medicines can force patients to seek out and become dependent on other opioids like prescription analgesics. Addiction to prescription opioids has been recognized as a priority problem by U.S. policy-makers, but drug courts may be exacerbating it."

Search and Seizure

ACLU Sues Border Patrol Over Interior Border Check Point Searches. The American Civil Liberties Union (ACLU) has filed suit against the Border Patrol, claiming its agent routinely violate the constitutional rights of local residents by stopping and searching them at interior checkpoints on highways near the border. In a 1976 ruling, the US Supreme Court ruled that immigration checkpoints were permissible if the stops were brief, involved "a limited enquiry into residence status," and a visual inspection of the exterior of the vehicle. "But that's not what's happening here," said ACLU attorney James Duff Lyall in Tucson. He said the cases mentioned in the lawsuit provide strong indications that the Border Patrol is using the checkpoints for general crime control, "which the courts have said is not acceptable for a checkpoint. The same thing is happening over and over again to many border residents," Lyall said. "They're going on fishing expeditions where there's no reasonable suspicion."

International

Afghan Drug Situation "Dire," Federal Auditor Tells Senators."The situation in Afghanistan is dire with little prospect for improvement in 2014 or beyond," Special Inspector General for Afghanistan Reconstruction John Sopko told the Senate Caucus on International Narcotics Control Wednesday. Poppy cultivation is at record levels and the drug trade now accounts for 15% of Afghan GDP, Sopko said.

US to Help Afghanistan With Drug Problem, State Department Official Tells Senators. At the same hearing mentioned in the story above, Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield vowed the US would remain committed to helping Afghanistan fight drug production and trafficking even after US and NATO troops pull out at the end of this year. "We will continue to ensure our counternarcotics programs are well integrated with broader US efforts, including assistance programs aimed at supporting a vibrant legal economy," he testified Wednesday. "The expanding cultivation and trafficking of drugs is one of the most significant factors putting the entire US and international donor investment in the reconstruction of Afghanistan at risk," he said.

Permitted Marijuana Party at Seattle Space Needle Marks Legalization Anniversary

King 5 News reported Friday that hundreds of people lit and smoked marijuana at a party under the famed landmark the Seattle Space Needle. The party was a lawful event that received a permit from the city, though activist Ben Livingston said it took him three months to persuade them to issue the permit.

Click here for the article and video footage. Via TheWeedBlog.

Location: 
Seattle, WA
United States

Medical Marijuana Update

A Michigan couple get their child back, New Jersey gets its second dispensary, and Washington regulators get an earful over moves to do away with patient home grows under I-502 legalization. And much, much more. Let's get to it:

Arizona

Last Tuesday, a judge allowed a medical marijuana patient to continue to use while on probation, even though her plea agreement strictly forbade it. The county attorney in the case had added a blanket condition to plea agreements prohibiting offenders from using marijuana regardless of whether they hold medical marijuana cards, but the woman's attorneys argued that the clause violated state law and that prosecutors could not legally prohibit probationers from using medical marijuana. The judge agreed. The county prosecutor is expected to appeal.

On Tuesday, advocates and doctors urged the state to add PTSD as a condition treatable with medical marijuana. The occasion was a public hearing at the Arizona Department of Health Services. The state currently allows marijuana for eight specified medical conditions. The department will make its decision by January.

Also on Tuesday, the ACLU of Arizona filed a lawsuit requesting that the courts officially rule that extracts are covered under the state's medical marijuana law. The suit was filed in a bid to protect the parents of a 5-year-old boy suffering from epilepsy from criminal prosecution for treating him with marijuana-derived oil. Extracts are currently in a legal gray area in Arizona, where police and some prosecutors say they are illegal and the Department of Health Services is still "developing guidance to clarify these issues," even though that guidance was supposed to be completed this month.

California

On October 16, Mendocino County announced it had released more records to the federal government related to the former marijuana grow permitting program that allowed growers to have up to 99 plants per parcel. The county was responding to a second set of federal subpoenas, this one for a "limited number" of records concerning the program. An earlier subpoena was much broader, but was fought by the county. The county and the feds reached an agreement in April to release some records, but with the names of participants redacted.

Also on October 16, the Selma city council banned dispensaries and imposed tight restrictions on medical marijuana grows. The Fresno County community will require growers to register, get building permits, and stay 1,500 from sensitive uses, and no outdoor grows are allowed. The new ordinance is a slight improvement on a 2010 ordinance that banned all medical marijuana uses in the city.

Also on October 16, word came that the Justice Department has abandoned some asset forfeiture proceedings against medical marijuana landlords. The US Attorney for the Central District of California, Andre Birotte, dropped at least four cases in October. But other US Attorneys in the state continue to pursue asset forfeiture cases, including pending cases against landlords for Harborside Health Center and the Berkeley Patients Groups.

On October 17, medical marijuana activist Lanny Swerdlow prevailed in a civil trial against anti-drug crusader Paul Chabot. Swerdlow had alleged false arrest and malicious prosecution after a 2007 incident at a Rancho Cucamonga meeting. The jury found for the false arrest, but not the malicious prosecution, and awarded Swerdlow $5,000 for past losses. They will meet again to determine punitive damages.

On October 18, the owners of a former Vallejo dispensary filed suit against the city alleging abuse of power, excessive force, and retaliation after it was raided by police last year. Daniel and Rhonda Chadwick, owners of Homegrown Holistic Cooperative, Inc., claim the city retaliated against them after Daniel Chadwick spoke out at a contentious city council meeting after a series of dispensary raids. Police in Vallejo raided at least six dispensaries there in 2012 even though the city had voted the year before to tax dispensaries -- not shut them down. All of those cases fell apart, but the damage had been done.

Connecticut

On October 17, the Westport planning and zoning commission approved a moratorium on dispensaries and producers. The moratorium would last for a year, while the community has a chance to wrap its head around "the newness" of recently issued state regulations.

On Monday, the Farmington planning and zoning commission passed a six-month moratorium on medical marijuana facilities. The commission wants town staff to have adequate time to research the new state regulations.

Delaware

On October 22, the Marijuana Policy Project criticized Gov. Markell's dispensary plan. State law calls for three dispensaries, but Markell had delayed opening any dispensaries for the last two years after receiving a threat letter from federal prosecutors. Markell has now moved forward, but said he will support opening only one dispensary next year.

Florida

Last Thursday, state Attorney General Pam Bondi challenged a proposed ballot initiative for a medical marijuana constitutional amendment. The attorney general is required by state law to send initiatives to the state Supreme Court for review, but Bondi also attacked the initiative, saying if it passed, "Florida law would allow marijuana in limitless situations" and warning that it conflicted with federal law. The court will hear arguments on December 5.

Guam

Last Friday, Sen. Tina Muna-Barnes filed a medical marijuana bill. The bill would require that all medical marijuana come from Guam itself. Last month, Muna-Barnes introduced a resolution to decriminalize marijuana for medical purposes that won broad support at a public hearing.

On Sunday, the Guam Medical Association complained it hadn't been consulted. The association didn't take a position for or against, but said it thought it should.

Massachusetts

On October 16, a Bolton town meeting decided to approve a moratorium on medical marijuana dispensaries and grow operations. The moratorium would prevent such facilities until June 30, 2014.

Last Wednesday, a Saugus town meeting voted to approve a moratorium on dispensaries. The moratorium will stay in effect until September 30, 2014, or until local zoning bylaws are adopted.

On Monday, Wareham voters approved a zoning law that allows medical marijuana treatment centers. The law replaces a temporary moratorium on such businesses that was voted in at the spring town meeting. The centers will be allowed in an "institutional district."

On Tuesday, Framingham selectmen gave the go-ahead for staff to take dispensary applications.There are at least a dozen proposals pending for dispensaries or grow operations in the city. A Special Town Meeting last week rejected a zoning bylaw and proposed overlay district that would regulate medical marijuana dispensaries and growing facilities. The town is developing a ranking system to rate applicants.

Michigan

Last Friday, an Ingham County judge ordered an infant child returned to her medical marijuana using parents. Steve and Maria Green's daughter Bree had been removed by Child Protective Services last month, but the judge found no evidence of abuse or neglect. The parents agreed not to medicate around their children, but said that's how they've handled things all along.

New Jersey

On Monday, the state's second medical marijuana dispensary opened. The Compassionate Care Foundation opened in Egg Harbor, making it the first in South Jersey. The state legalized medical marijuana in 2010, but the Christie administration has made the roll-out excruciatingly slow. Now, though, things are starting to roll. A third dispensary is slated to open in a couple of weeks in Woodbridge Township, and the state Department of Health is in licensing talks with three other facilities.

North Dakota

Last Tuesday, two Dickinson residents entered conditional guilty pleas to marijuana possession, enabling them to appeal to the state Supreme Court that their out-of-state medical marijuana guards should have allowed them to possess marijuana in North Dakota. Their lawyers will argue that the medical marijuana recommendations should be a valid defense.

Oregon

Last Friday, the panel charged with crafting rules for dispensaries met again. The legislature this year passed a bill to regulate the medical marijuana system statewide, and this was the panel's second meeting. It is expected to finish its work by December 1.

Virginia

Last Tuesday, a poll found support for medical marijuana at 71%. The state has taken no action to approve the medical use of the plant, but perhaps some legislators will take heed.

Washington

On Sunday, Sen. Jeanne Kohl-Welles warned that the battle for homegrown medical marijuana is not over. State agencies charged with implementing marijuana legalization under the I-502 initiative have proposed eliminating patient grows under the state's medical marijuana program, but that effort has ignited a firestorm of criticism from patients. Now, they have at least one prominent supporter in the legislature.

Wisconsin

Last Tuesday, 18 legislators cosponsored a medical marijuana bill. The bill, Senate Bill 363, would allow for dispensaries and home cultivation. Patients or caregivers could grow up to 12 plants and possess up to three ounces at a time. The bill has been assigned to the Senate Health and Human Services Committee, chaired by Republican Senator Leah Vukmir, but has not yet been scheduled for a committee hearing.

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

Washington Medical Marijuana Recommendations Draw Opposition

The three state agencies and the governor's office that constitute the state's medical marijuana working group on Monday released their draft recommendations for dealing with medical marijuana in the era of legal marijuana possession and state-licensed marijuana stores under the I-502 initiative. Their recommendations would essentially gut the existing medical marijuana system, and patients and advocates are crying foul.

What's the future for medical marijuana in Washington?
The recommendations from the State Liquor Control Board (which is in charge of implementing the I-502 regime), the Department of Health, and the Department of Revenue would allow state-registered patients to purchase tax-exempt marijuana from the 334 stores envisioned under I-502, but would also reduce the amount patients could possess from 24 ounces to three ounces, require doctors to register patients with the state, remove the affirmative defense for medical marijuana patients, and end the right to petition for new medical conditions to be added.

The recommendations also call for eliminating the right of patients to grow their own, either individually or collectively, require existing dispensaries to comply with I-502 regulations, and force out of business those that can't. That would bring the state's medical marijuana system in line with I-502's no home grow provision.

While I-502 only envisions legalizing marijuana for adults 21 and over, the recommendations would allow 18-to-20-year-olds to use medical marijuana, but patients under the age of 18 would only be allowed to use it with parental consent and could only possess one dose at a time.

The state agencies will make their final recommendations by January 1, when they must send a final report to the state legislature, but in the meantime, they are taking for public comment between now and November 8. They can expect to get an earful from an angry medical marijuana community.

"Washington was one of the first states in the nation to recognize that patients under a physician's care have the right to use medical marijuana," said Steph Sherer, executive director of Americans for Safe Access (ASA). "The needs of this vulnerable population are distinctly different from the wants of recreational users and it's vital that elected officials understand the difference."

ASA, which worked with local activists to create the Health Before Happy Hour campaign to try to ensure that medical marijuana patients don't get run over by the legalization bus, is also holding a series of stakeholder meeting to mobilize the community and protect what it views as its hard-won rights. Those meetings will be held between October 27 and 30 in Bellingham, Olympia, Seattle, Spokane, and Yakima.

ASA created that campaign in part because of ominous portents coming from state officials and other key players. In May, Liquor Control Board spokesman Brian Smith warned that competition from the medical marijuana market will pose "a challenge" to the viability of the state's new recreational program, while state Rep. Chris Hurst (D-Enumclaw), chairman of the House Government Oversight and Accountability Committee, more recently called the medical marijuana industry "a sham," and urged the task force to recommend that all of the state's dispensaries be shut down.

Then, Mitch Barker of the Washington Association of Sheriffs and Police Chiefs chimed in to claim that "the two (laws) are not going to be able to exist side by side for very long." As if that weren't enough, the DEA continues to raid dispensaries, and US Attorneys continue to menace patients and providers. US Attorney Jenny Durkan qualified the state's medical marijuana system as "untenable," and vowed to shut down the dispensaries.

"We are living with HIV/AIDS, end-stage cancers, epilepsy, multiple sclerosis and other serious, often painful and debilitating diseases," said Paul Feldman, who experiences relief with the help of medical marijuana. "It is wholly inappropriate to force us to get our medicine from anything resembling a liquor store and equally unacceptable to make patients pay an excise tax," continued Feldman. "No other medication is taxed this way and cannabis shouldn't be either."

Instead of gutting the medical marijuana program, the Health Before Happy Hour campaign is calling for a system of state-licensed and regulated dispensaries outside the scope of I-502. The campaign is supporting legislation similar to Senate Bill 5073, the proposal previously sponsored by Sen. Jeanne Kohl-Welles (D-Seattle) which was partially vetoed in 2011 by then-Governor Christine Gregoire (D).

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

Olympia, WA
United States

"Defelonization"--The Next Step in Winding Down the Drug War [FEATURE]

Thirteen states, the District of Columbia, and the federal government have already passed laws making simple drug possession a misdemeanor instead of a felony, and the momentum appears to be growing. A bill in California to do something similar has passed the legislature and is currently sitting on the governor's desk, and efforts are afoot to push a defelonization measure through the Washington legislature next year.

An overcrowded California prison (supremecourtus.gov)
Such measures are designed to ease prison overcrowding, ease pressures on budgets, and help drug users by avoiding saddling them with felony convictions. They also reflect increasing frustration with decades of drug prohibition efforts that have failed to stop drug use, but have resulted in all sorts of collateral costs.

In California alone, even after Gov. Jerry Brown's (D) prison realignment scheme, more than 4,000 people remain in state prisons on simple drug possession charges. At $47,000 per inmate per year, that comes out to more than a $200 million annual bill to state taxpayers.

Under current California law, people convicted of a drug possession felony can be sentenced to up to three years in prison. More than 10,000 people are charged with drug possession felonies each year, although many of them receive probation if convicted.

California state Sen. Mark Leno (D-San Francisco) moved to redress that situation with Senate Bill 649, which passed the legislature on the final day of the session. The bill is not a defelonization bill per se; instead, it makes drug possession a "wobbler," meaning it provides prosecutors with the flexibility to charge drug possession as either a felony or a misdemeanor.

"Our system is broken," said Lynne Lyman, California state director for the Drug Policy Alliance, which supported the bill. "Felony sentences don't reduce drug use and don't persuade users to seek treatment, but instead, impose tremendous barriers to housing, education and employment after release -- three things we know help keep people out of our criminal justice system and successfully reintegrating into their families and communities."

Even Republicans got on board with the bill, helping to get it through the Assembly earlier this year.

California state Sen. Mark Leno (wikipedia.org)
"I am proud that we got bipartisan support in the Assembly," Leno told the Chronicle.

The bill currently awaits Gov. Brown's signature, and although his signature is not required for it to become law, Leno said he believed the governor would act on it, and he urged supporters to let the governor know now that they want him to sign it.

"Anyone can go to the governor's web site and offer support through an email communication," Leno said. "I am always hopeful he will sign it."

While Californians wait for the governor to act (or not), activists and legislators in Washington are gearing up to place a defelonization bill before the legislature there next year. Sensible Washington, the activist group behind the effort, says it has lined up legislative sponsors for the bill and will pre-file in December for next year's legislative session.

State Rep. Sherry Appleton (D-Poulsbo) will be the primary sponsor of this proposal in the House. Reps. Joe Fitzgibbon (D-Burien), Jim Moeller (D-Vancouver), Jessyn Farrell (D-Seattle), and Chris Reykdal (D-Tumwater) have all signed on as official cosponsors, with more to be announced soon. Sensible Washington hopes to have a companion bill filed simultaneously in the Senate.

Under current Washington law, the possession of any controlled substance (or over 40 grams of cannabis) is an automatic felony. Under this new proposal, the possession of a controlled substance -- when not intended for distribution -- would be reduced from a felony charge, to a misdemeanor (carrying a maximum sentence of 90 days, rather than five years). Laws regarding minors would not be affected.

"Removing felony charges for simple drug possession is a smart, pragmatic approach to reducing some of the harms associated with the war on drugs," said Anthony Martinelli, Sensible Washington's communications director. "The goal is to stop labeling people as felons, filling up our prisons and ruining their lives in the process, for possessing a small amount of an illegal substance."

He elaborated in a Tuesday interview with the Chronicle.

"We support full decriminalization, like the Portuguese model, but defelonization is a big step forward, and we feel that the public and lawmakers are ready for it," he said. "We have to find a way to deal with the dangers of the war on drugs. Another reason is the massive disparity in our cannabis law -- an ounce is legal, but an ounce and a half is a felony. This would remove felonies for cannabis possession, but we don't think anyone should be hit over the head with a felony for personal drug possession."

Martinelli said Sensible Washington and its allies would be spending the next few months preparing to push the bill through the legislature.

"We will be building public and legislative support, continuing to work on garnering media attention, activating our base, and getting more lawmakers on board," he said. "We're really trying to form a bipartisan coalition and get other organizations involved as well."

One of those groups is the ACLU of Washington. Sensible Washington and the ACLU of Washington were bitter foes in the fight over the state's successful I-502 marijuana legalization initiative -- Sensible Washington opposed it as a half-measure that endangered medical marijuana, a claim that ACLU and other advocates contested -- but appear to be on the same page when it comes to this sentencing reform.

"We support the decriminalization of drug use", said Alison Holcomb, criminal justice project director for the ACLU of Washington. "We're looking forward to working in collaboration with Sensible and its allies to achieve that goal."

Martinelli said he could now announce that the proposed bill has picked up its first Senate sponsor, Sen. Jeanne Kohl-Welles (D), to add to its growing list of House sponsors. Missing from that list of House sponsors is one of the most prominent drug reformers in the House, Rep. Roger Goodman (D-Kirkland), the chairman of the House Public Safety Committee, but that's not because he opposes the idea, Goodman told the Chronicle Tuesday.

"As chair of the committee, it's important for me to be an honest broker to get legislation through," Goodman explained. "My position as chair is weakened if there is a potentially controversial issue and I'm seen as being on one side of it. It's not that I oppose it, and I certainly will hold a hearing on it and move it, but my role is more to facilitate negotiations on provisions of the bill without being an interested party," he said.

It is an idea that is certainly worth pursuing, he said.

"We need to reprioritize. The tough penalties we impose on people for merely possessing drugs is so arbitrary compared to the penalties for other offenses where there is direct physical harm perpetrated against others," Goodman said. "And by now, we all acknowledge that drug possession is not merely an indiscretion, but might be linked to behavioral health issues. Our approach should be to facilitate therapeutic interventions. We have deferred prosecution programs already, but only for alcohol. Those arrested for drug possession are not eligible because it's a felony. If we could make deferred prosecution available for drug cases, we could make much more headway on the problem," he said.

And doing so would only codify what is already often existing practices, he said.

"Many or most courts and prosecutors are already pleading down felony drug cases to misdemeanors because of budget constraints and space limitations in the jails," Goodman noted. "We can change the law to conform with that practice without an additional threat to public safety. Beyond that, we could remove the prejudicial effect of a felony conviction when it is so evident they hinder people from reintegrating into the community."

While Sensible Washington and its allies are moving full steam ahead, passing the bill could be a multi-year effort, Goodman warned.

"I anticipate prosecutors saying that if we set a certain possession threshold, drug dealers will make sure they possess no more than that amount and will play the system," he said. "We have to figure out a way to find a threshold or divide possession cases into degrees. I hear the concern, but I'm not sure what the solution is. But this is a next important phase of drug policy reform: cranking down the drug war yet one more notch and doing what's rational and fiscally responsible."

There is lots of work to be done, Goodman said.

"We'll see how this plays out in the legislature. It's probably going to need more lobbying and more background discussion among more legislators," he predicted. "So far, it's not a real prominent topic, so it might end up being a work in progress. But who knows? It might catch on fire, and we'll get a quick consensus."

Moving Toward Legal Marijuana Commerce in Washington State [FEATURE]

Voters approved the marijuana legalization initiative I-502 in Washington state last November, and it is now legal to possess up to an ounce of marijuana, but a full-blown marijuana commerce industry doesn't just happen overnight. The state is still months away from having a functioning system of state-taxed and -regulated marijuana cultivators, processors, and retailers, but the process is well underway, and by most accounts, it is going relatively smoothly.

This is how your Washington state marijuana will be labelled, according to the Liquor Control Board.
Last month, the Washington Liquor Control Board (LCB), the state agency charged with setting up the state's marijuana industry, issued its initial draft rules. It took written comments on the initial draft rules through Monday and will issue revised draft rules later this month. The LCB will hold public hearings on the rules for all three envisaged licenses -- grower, processor, and retailer -- in late July, promulgate final rules in August, begin accepting license applications in September, and begin issuing licenses in December.

From then, it is still likely to be months before the first legal marijuana is sold in Washington because only once growers are licensed will legal marijuana destined for retail sale be in the pipeline. It takes a minimum of three months to bring an indoor crop to harvest. But by sometime next spring, consumers should be able to go to their local pot shop and make their selections.

"These initial rules balance our goal of developing a tightly regulated system with reasonable access for small and large business models to participate within the system," said Board Chair Sharon Foster. "They are based upon hundreds of hours of internal research and deliberation, consultation with multiple industry experts and input from the over 3,000 individuals who attended our forums statewide."

The initial draft rules reflect the Board's stated goal of developing a tightly regulated and controlled recreational marijuana market. Included in the rules are elements that address out-of-state diversion of product, traceability of product from start to sale, youth access and other public and consumer safety concerns.

Here are some of the key elements in the initial draft rules: 

License Requirements

  • Application Window -- The application window would open for 30 days for all license types and be extended or reopened at the Board's discretion. This approach was similar to how Colorado opened its medical marijuana system.
  • Background Checks -- License applicants and financiers would be required to submit a form attesting to their criminal history, provide fingerprints, and allow criminal background checks. 
  • Point System -- The WSLCB would employ a disqualifying criminal history point system similar to liquor. An exception would be allowed for two misdemeanor convictions of possession within three years.

Public Safety

  • Producer Structures -- Producer operations would be allowed in both secure indoor grows or greenhouses.
  • Traceability -- A robust and comprehensive traceability software system will trace product from start to sale.
  • Violation Guidelines -- In addition to the $1,000 fine for certain violations established by I-502, the initial draft rules also include a strict tiered system of violation penalties over a three year period (similar to the current standard penalty guidelines for liquor).
  • Security -- The rules direct strict on-site surveillance systems similar to Colorado's current system.  
  • Advertising Restrictions -- I-502 restricts advertising within 1,000 feet of schools, public parks, transit centers, arcades, and other areas where children are present. The draft rules further restrict advertising as they pertain to children.

Consumer Safety

  • Behind the Counter Storage -- No open containers allowed.  
  • Package and Label Requirements -- Consumers will know contents and potency of products they purchase.
  • Defined Serving Size -- Serving sizes equal 10 mg of THC. Products are limited to 100 mg.
  • Lab Tested -- Uniform testing standards by independent accredited labs.

With the release of the initial draft rules, the period for written comment opened up. One of the first analyses -- not a formal comment -- came from the Henry Wykowski law firm, a San Francisco marijuana law practice that recently opened a Seattle office. Drafted by Wykowski attorney Rachel Kurtz, a longtime player in the Seattle marijuana reform scene, the analysis shined a light on some of what could be described as the rules' downsides.

"Hash will not be allowed for sale at the retail stores," the analysis noted. "According to the draft rules WAC 314-55-079, 'marijuana extracts,' such as, hash, hash oil, shatter, and wax can be infused in products sold in a marijuana retail store, but RCW 69.50.354 does not allow the sale of extracts that are not infused in products. A marijuana extract does not meet the definition of a marijuana-infused product per RCW 69.50.101."

The Wykowski analysis also warned that "fingerprinting will be required and sent to the FBI for anyone with an interest in the business being licensed, including financiers." That means anyone seeking a marijuana license is potentially incriminating oneself to the federal government, which continues to consider marijuana an illegal substance, even in states that have legalized it.

After Monday's deadline for comments passed, the LCB reported that while initial comments on the rules were relatively light, the agency received extensive written comment over the final weekend and throughout Monday from public and private organizations.

"In keeping with our goal of an open and transparent process for drafting the rules, we’re going to take an additional two weeks to consider the last-minute input we’ve received," said LCB Director Rick Garza. "The Board was prepared to issue the rules on June 19. However, it's our responsibility to carefully review and consider the comments we received."

Among those commenting were Washington NORML, the Washington Cannabis Association, Seattle City Attorney Pete Holmes, organizations with concerns about impacts on minorities, and organizations with concerns about prevention, treatment, and public health, both led by the ACLU of Washington, whose Alison Holcomb took a leave of absence to lead the I-502 campaign to victory. The comments revealed a variety of interests -- some conflicting -- and concerns from various stakeholders in the issue.

The prevention, treatment, and public health groups called for tighter restrictions on packaging, labeling, and advertising, shorter hours for retail outlets, and getting rid of the logo that features a marijuana leaf centered over an outline of the state, while the minority groups called on the LCB to ensure that their communities did not become dumping grounds for marijuana retail outlets.

"Initiative 502 was designed to achieve better health and safety outcomes for our families and communities than marijuana prohibition has," said Holcomb. "It was not intended to 'mint marijuana millionaires' who prioritize profits over public health. The goal is to improve upon our experiences with alcohol and tobacco, not repeat them."

"We supported I-502 because we were very concerned about the disproportionate enforcement of marijuana possession on African-Americans and communities of color," said Jon Gould, deputy director of the Children's Alliance, which signed onto the public health comments. "Prohibition hasn't worked, and it has had damaging effects on children and families. We think regulation would be better."

"The Board needs to remember that it is setting a standard for marijuana regulation," said University of Washington professor Roger Roffman, who also signed on to the public health comments. "We have a unique opportunity to create a system that discourages glamorization of marijuana use and encourages respect for the public's health and wellbeing. Let's not waste it."

While the public health and minority communities were concerned with restraining the marijuana marketplace, other constituencies had other concerns.

"Most of our constituents are small growers with a hundred plants or less. We argued that when it comes to growing, priority should be given to individuals who are willing to have a garden of 99 plants or less," said Kevin Oliver, executive director of Washington NORML.

"Our constituency includes two separate US Attorney districts that have disparate levels of enforcement activity. If the US Attorney's Office in the Eastern District gets wind of any marijuana operations, they shut them down. They're discussing zoning for grows the size of a football field in Seattle, and good for them, but that won't fly in eastern Washington. If they ignore the little guy, that's going to cut out anybody in eastern Washington, that's why we want them to prioritize for small growers under 99 plants."

The 99 plants number is based on federal mandatory minimum sentences that kick in at 100 plants, but is also based on the observation that federal prosecutors are unlikely to go after grows that small when there are bigger fish to fry -- and bigger punishments to hand out.

"Our concerns were very similar to most everyone else who was frustrated with the board's definition of what can be sold at retail and it's not allowing extracts like hash oil," said Kurtz, who worked with the Washington Cannabis Association in crafting its comments. "Nobody is happy about that. There are a lot of business people who were counting on that for their business model. The whole purpose of the initiative was to get rid of a black market, but by not allowing that retail, a black market will remain. We might as well actually regulate because it's going to happen regardless, but they don't seem very keen to change," she said.

"The draft regs also don't allow for outdoor grows, but I have some hope they will change that," Kurtz added . "They've heard back from a lot of people about the need for outdoor grows, including Seattle City Attorney Pete Holmes. Forcing everyone indoors increases energy consumption, and growing outdoors is less expensive."

On the upside, the LCB seems to be crafting reasonable regulations for out of state visitors and for preventing diversion, although diversion probably won't be a big issue, Kurtz said.

"This doesn't limit out of state people at all," Kurtz explained. "You can buy an ounce at a time, which is the limit of what you can legally possess."

There is no integrated system to track purchasers, so out-of-staters could theoretically go from retail outlet to retail outlet, building their stashes an ounce at a time, but that doesn't mean there will be an issue with diversion to other states, Kurtz argued.

"Economically, it just doesn't make sense," she said. "If someone from North Dakota wants to sell pot there, they could come here, but they would be paying full retail and having to go to a bunch of stores, and they wouldn't have much of a profit margin paying retail. Or they could just grow some in their basement in North Dakota."

A larger issue is diversion from cultivation sites, but Kurtz argued that a combination of security and grower self-interest should limit that.

"There is going to be a lot of recordkeeping, an electronic system where growers will have to input data daily," she said. "There are product quarantines, there are security cameras. But more importantly, people are preparing to invest a lot of money in this to have a legitimate business, not to divert pot to the black market. I've been meeting a lot of people who I don't think would risk their licenses to sell to the black market."

Washington's legal, regulated marijuana commerce is still a work in progress, but stakeholders pronounced themselves generally satisfied with the process so far.

"We are in completely new territory in terms of creating a legal marketplace and we're being very vigilant. It's too soon to tell whether this new environment is going to adequately protect youth and be an effective public health approach," said the Children Alliance's Gould.

"This has been a good public process, with lots of transparency and broad engagement. They are doing a good job in terms of being open and transparent," he continued. "What is also really apparent is the enormous amount of competition this has created, with industries and individuals looking at this as an opportunity for profit. There are choices that need to be made, and we and others are speaking up, saying we need to choose public health and kids over profiteering. If the WSLCB creates an environment based on policies designed to make this more profitable, that could have a detrimental impact on children, youth, and the public health."

"We're getting there," said Kurtz. "Eventually we will have a good system, but it may take a few years to figure itself out."

And so marijuana begins the transition from illegal drug to legal commodity in Washington state. That is, if the federal government allows it to happen. So far, the federal government has given little indication it's going to do much of anything about it, but that could change. Stay tuned.

WA
United States

Washington State Chooses Mark Kleiman Firm as Marijuana Consultant

The state of Washington has chosen its official marijuana consultant as it marches boldly forward toward implementing the voters' decision to legalize marijuana at the polls last November. The State Liquor Control Board, which is charged with overseeing the nascent legal marijuana business, announced Monday that it had selected a Massachusetts-based firm headed by academic drug policy analyst Mark Kleiman.

Mark Kleiman (ncjrs.org via wikimedia.org)
The firm, Botec Analysis Corporation, has been in existence since the mid-1980s and has won contracts to evaluate government programs and done consulting on drugs, crime, and public health. Botec advised the Office of National Drug Control Policy on demand reduction programs in the early 1990s and has studied efforts to suppress heroin dealing in Lynn, Massachusetts, among other projects.

Kleiman, a professor public policy at UCLA, has written a number of books on drug and criminal justice policy, including coauthorship of last year's primer, Marijuana Legalization: What Everyone Needs to Know. Some of his stands over the years, including the contention that states couldn't legalize marijuana because the federal government wouldn't allow it, have irked drug reformers, and some reacted with skepticism to news of the appointment.

Tom Angell, chairman of Marijuana Majority, told the Associated Press Kleiman needed to answer some questions. "You might ask him if he's either changed his mind or if he intends to advise the state on undermining the will of the voters," Angell said. Kleiman in turn responded on his blog.

The Liquor Control board sifted through more than 90 applications for the consultant position, and Botec outscored all comers. At this point, the decision is provisional; rejected applicants can challenge the selection, but if no one challenges or any such challenges fail, Botec is it.

Botec's job will be to advise the state on how build a newly legal industry from scratch. That's going to include such nuts-and-bolts issues on how many growers and retail outlets there should be, how products should be packaged, testing requirements, and even store hours of operation.

Meanwhile, all parties concerned are waiting for the federal shoe to drop. Stay tuned. This is going to be interesting.

Olympia, WA
United States

Kleiman Addresses His Prop 19 Editorial

Prof. Kleiman has responded to concerns raised over his remarks during the Prop 19 campaign in California, predicting that Prop 19 would cause prices to plummet and that the feds would have had to intervene in ways going beyond how they've dealt with the medical marijuana trade. He doesn't see that happening in Washington State; he thinks it may well happen in Colorado. He called it a "fair question."

Seattle skyline
Kleiman did not address the argument I raised in my post last night for why I doubt his analysis. I reasoned that continuing federal prohibition would have prevented Prop 19 from causing the kind of price drop from occurring in California, in the same way that the extensive medical marijuana industry hasn't seen price drops -- because it's too risky to create the industrial level grows and distribution systems that would be needed to achieve that kind of price drop -- a point raised by his coauthors during recent talks and fora.

I'm not making anything out of the fact that Kleiman hasn't addressed that point, by the way -- I don't know that he's read my post yet, and that particular point did not appear in the mainstream media articles he surely did read. Nor do I think that much should be made of it in 2013. But that's how I see that particular point, and therefore how I view that two and a half year old editorial.

I'm still cautiously optimistic, after reading the response, maybe even a little "excited" (I confess) as Kleiman wrote that he and his colleagues are feeling. Some of my colleagues have commented, and I tend to agree, that a cautious approach to implementing the Washington initiative is what will have the best chance of threading the federal needle and moving legalization forward -- especially in Washington, where the law allows for fewer licensed sales outlets and doesn't have home growing as Colorado does. And Washington or parts of it may provide our best shot at getting something resembling meaningful federal cooperation.

Some of my colleagues probably disagree with me, and many undoubtedly feel we should be wary. As a practical matter, I agree that we should be wary -- it's our responsibility as advocates to be wary, whoever the state decides to bring in. But it's also not like we get to decide who does the work on this -- our direct power to influence this ended on election day -- and I wasn't really expecting it to be someone from the all-out legalization camp.

As I wrote last night, time will tell -- about Kleiman et al's work, and about the future of I-502 and marijuana legalization in Washington State.

Location: 
WA
United States

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