Court Rulings

RSS Feed for this category

Chronicle AM: Canada Election Should Bring MJ Legalization, Ohio Init in Dead Heat, More (10/20/15)

Canada's Liberals have vowed to legalize marijuana, and now they've just won the election; the Ohio pot legalization initiative looks like it will be a squeaker, a federal judge rules in favor of marijuana businesses in legal states, and more.

Marijuana Policy

New Poll Has Ohio Legalization Initiative in Dead Heat. A University of Akron Buckeye poll released today has the ResponsibleOhio legalization initiative at 46%, with 46% opposed and 8% undecided. But the poll also had 53% of respondents saying the initiative is a "bad idea" because it would grant an oligopoly on commercial marijuana growing (to the investors who funded the initiative). On Issue 2, an initiative aimed at invalidating initiatives that grant private inurement including by monopoly or oligopoly, 40% said they were in favor, 27% were opposed, and 32% were undecided. The election is two weeks from today. A Kent State University poll last week had the legalization initiative at 56%. Click on the link for more demographic and methodological information on today's poll.

Medical Marijuana

Brookings Institution Report Says Federal Government Stifles Medical Marijuana Research. Researchers at the think tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California Federal Judge Rules Feds Can't Shut Down Legal Marijuana Businesses. US District Court Judge Charles Breyer ruled Monday that the Justice Department is barred from prosecuting marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extend that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Asset Forfeiture

Former Dallas DA Accused of Misusing Asset Forfeiture Funds. Former Dallas County DA Craig Watkins is accused of spending asset forfeiture money for personal use, according to an audit expected to be released today. The audit shows that Watkins spent the money on everything from cell phone bills to travel expenses to the sponsorship of a football league. Seized funds paid for more than $50,000 worth of cell phone bills, and Watkins spent another $71,000 on public service announcements, other promotional activities, legal fees, and travel.

Drug Testing

West Virginia Senator Expresses Support for Drug-Testing Public Housing Residents. Sen. Joe Manchin (D) told the West Virginia Council of Churches Monday that he supported drug testing public housing residents. He said he got the idea from schoolchildren with addicted parents. Drug testing public housing residents is "something that we have to consider," he said. Courts have previously struck down similar testing programs, viewing them as illegal, warrantless searches.

International

Canada's Liberals Sweep to Victory -- With Marijuana Legalization in Platform. Led by Justin Trudeau, Canada's Liberal Party swept to a strong victory in Monday's elections. The Liberals won 184 seats. They only needed 170 seats to form a majority in the 338-seat lower chamber. The Liberal platform included, among other things, marijuana legalization: "We will legalize, regulate, and restrict access to marijuana," the platform states. Marijuana prohibition doesn't prevent youth use, causes socially disruptive and expensive arrests, and supports organized crime, the statement adds. "We will remove marijuana consumption and incidental possession from the Criminal Code, and create new, stronger laws to punish more severely those who provide it to minors, those who operate a motor vehicle while under its influence, and those who sell it outside of the new regulatory framework."

Chronicle AM: Portland Nixes "Green Light District," Afghan Opium Decline, More (10/15/15)

No pot tourism district for Portland, at least for now; New Jersey gets a fifth dispensary, Croatia legalizes medical marijuana, Afghan opium production fell by nearly half last year, and more.

Afghan opium production declined last year, for the first time in years, says UNODC. (unodc.org)
Marijuana Policy

Portland City Council Rejects Marijuana "Green Light District." The city council has rejected a proposal to create a concentration of marijuana businesses in a downtown "Green Light District" as a bid to attract cannabis tourists and to keep shops out of residential areas. The city currently requires a 1,000-foot buffer between pot shops, and the failed move would have lifted that requirement. Mayor Charlie Hales said the measure could be brought up again later.

Medical Marijuana

New Jersey Gets Fifth Dispensary Today. The state Health Department said Wednesday it had issued its final permit for Breakwater Treatment and Wellness, a dispensary in Cranston. It opened today.

Asset Forfeiture

Michigan Appeals Court Throws Out Car Seizure for $20 Worth of Weed. The state Court of Appeals has overturned a lower court decision saying that police in Westland were justified in seizing a woman's vehicle after she was busted with a gram of weed while doing pizza deliveries -- but not because the seizure was on outrage on its face. Instead the court held that because the marijuana was an unanticipated tip from a customer, the car should not have been seized because she hadn't used it with the intent of purchasing drugs. Click on the link for more.

International

UNODC Reports Big Drop in Afghan Opium Production. The UN Office on Drugs and Crime reported Wednesday that Afghan opium production last year declined by nearly half (48%), from 6,400 metric tons to 3,300 metric tons. The decline is the first after years of steady increases in poppy cultivation, and UNODC said it resulted from better cooperation between police and Afghan policymakers, a smaller area under cultivation, and lower yields.

Peru's Air Force Accused of Turning Blind Eye to Cocaine Flights. The Peruvian defense minister announced Wednesday that he would investigate allegations of corruption in the military after the Associated Press reported days earlier that cocaine flights were taking off unimpeded in an "air bridge" to Bolivia that moves a ton of cocaine a day. The air bridge is from the VRAEM -- the Valleys of the Apurimac, Ene and Mantaro Rivers -- in south-central Peru, now the country's leading coca and cocaine producing area. The Peruvian government in August approved shooting down suspected drug planes.

Croatia Approves Medical Marijuana. The Croatian government has approved the use of medical marijuana for people suffering from multiple sclerosis, cancer, epilepsy, and AIDS. The marijuana will be distributed through pharmaceutical companies, and patients will be limited to 0.75 grams of pure THC per month. Home cultivation will not be allowed.

Chronicle AM: Midwest Asset Forfeiture Moves, Puerto Rico Decriminalizes, More (9/30/15)

Puerto Rico decriminalizes, polls in Texas and Canada show strong majorities for marijuana law reform, Ohio and Michigan are moving on asset forfeiture reform, DEA agents flunk drug tests with few consequences, and more.

The Dutch Supreme Court says foreigners can be banned from cannabis cafes, but the cafes don't seem to be paying attention.
Marijuana Policy

Puerto Rico Decriminalizes Possession of Up to Six Grams. Gov. Alejandro Padilla Garcia Monday signed an executive order decriminalizing the possession of up to six grams of marijuana. Instead of criminal proceedings, people caught with small amounts of pot will be subject to a fine, or possibly drug treatment. The governor cited the high cost of prosecuting small-time offenders.

Texas Poll Has Three-Quarter Support for Marijuana Reform. Nearly three out of four Texans are ready to liberalize the state's marijuana laws, according to a new Texas Lyceum Poll. The poll had support for legalization at 46%, with another 28.5% supporting decriminalization. That's 74.5% for liberalization. Only 19.5% opposed both legalization and decriminalization. Clink on the link for more poll details and methodology.

Asset Forfeiture

Michigan Attorney General Backs Asset Forfeiture Reforms. Attorney General Bill Schuette (R) is supporting a package of civil asset forfeiture reform bills. The bills, which have already passed the House, wouldn't entirely eliminate civil asset forfeiture, but would increase the burden of proof on law enforcement to keep seized property and would require more transparency. "On this issue of forfeiture and transparency, as a lawyer and as attorney general, I'm in support of these seven bills," Schuette said Tuesday during a press call organized by Fix Forfeiture, a national and bipartisan group advocating for reform. "This is a good effort. A good team effort."

Ohio GOP Legislators File Bill to End Civil Asset Forfeiture. Nineteen House Republicans cosponsored a bill Tuesday that would eliminate civil forfeiture under state law and only allow criminal forfeiture after a defendant is convicted of a crime. The lead sponsor is Rep. Robert McColley (R-Napoleon). The bill is not yet on the legislative website.

Law Enforcement

DEA Agents Fail Drug Tests, But Face No Serious Consequences. At least 16 DEA employees have failed drug tests, but only got short suspensions or other minor punishments, according to newly released documents. None was punished with being fired, and most were suspended for a day or two. Click on the title link for much, much more.

International

Canada Poll Has Strong Majority Supporting Marijuana Reform. A new Vote Compass poll has support for marijuana legalization at 56%, with another 30% saying they supported decriminalization. That's 86% in favor of liberalizing the country's marijuana laws. Only 14% said possession should remain a criminal offense, the position of the Conservatives in next month's elections. The Liberals are calling for legalization, while the New Democrats are calling for decrim. Click on the link for more polling details, methodology, and discussion.

Dutch Supreme Court Upholds Ban on Tourists in Cannabis Cafes. The Supreme Court ruled Tuesday that the country can ban foreign nationals from cannabis cafes because such a move does not conflict with European anti-discrimination legislation. The Supreme Court cited a 2010 European Court of Justice ruling that said restricting sales to foreigners is "justified by the objective of combating drug tourism." But the ban appears to operate mainly in the breach. A 2013 survey showed two-thirds of cannabis cafes were selling to foreigners.

Mass High Court Rules Police Can't Search Vehicles Based Solely on Suspicion of MJ Possession

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

Civil rights advocates and marijuana legalization supporters are welcoming a decision from the state Supreme Judicial Court that says police can't stop motorists solely because they suspect the vehicle's occupants are carrying marijuana. The decision came in Commonwealth v. Rodriguez.

The Rodriguez in question was Elivette Rodriguez, who was a passenger in a car stopped by New Bedford police in 2012 after they allegedly detected the smell of marijuana coming from the vehicle. During the stop, police found a bag containing 60 Percocet pills, and Rodriguez was charged with possession of a Class B substance with intent to distribute, as well as other offenses.

Before trial, Rodriguez filed a motion to suppress the evidence from the search, arguing that since the state had decriminalized the possession of small amounts of marijuana in 2008, the mere odor of marijuana coming from the car did not create sufficient probable cause to undertake the traffic stop and subsequent search. The trial judge denied that motion, but put the trial on hold while Rodriguez appealed his decision. The Supreme Judicial Court on its own initiative took the case from the appeals court.

In its ruling Tuesday, leaning heavily on the 2008 decriminalization law, the Supreme Judicial Court agreed with Rodriguez. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the law, Justice Margot Botsford wrote for the majority. Allowing such stops "does not refocus police efforts on pursing more serious crime," another goal of the law, she wrote.

The court's 5-2 majority ruled that the pills were inadmissible in court because they were "fruit of the poisoned tree," in the classic formulation. In other words, the evidence resulted from an illegal search and thus must be thrown out. Rodriguez' drug case was referred back to district court for "further proceedings consistent with this opinion," but since they now have no evidence against her, prosecutors said they would drop the case.

In arguing the case, Bristol prosecutors had asserted that police can stop vehicles for a civil marijuana offense, just as they can for a civil traffic offense, but the court rejected that argument. While traffic laws are designed to promote road safety, "there is no obvious and direct link" between marijuana possession and maintaining highway  safety.

"The high court was making a statement "about how the police ought to spend their time and the taxpayers' money," ACLU of Massachusetts legal director Matthew Segal told the Boston Globe. Pulling over a vehicle for suspicion of marijuana possession "is not consistent with the Massachusetts constitution, nor is it consistent with the will of the voters who passed decriminalization," he said.

The Campaign to Regulate Marijuana Like Alcohol, one of two groups undertaking marijuana legalization initiative campaigns in the state (the other is Bay State Repeal), was also pleased with the decision. In a statement, campaign spokesman Jim Borghesani said the "provides further clarification for how police officers should handle vehicle stops in the era of decriminalization, and it advances the clear message sent by voters in 2008 to refocus police activity on more serious crimes."

Chronicle AM: CA Cops Raid Indian Reservation Grow, Colombia Announces New Drug Strategy, More (9/23/15)

The era of aerial herbicide spraying of Colombia's coca crops is at an end, California cops raid an Indian reservation marijuana operation, medical marijuana bills are moving in Michigan, and more.

no more spraying Roundup on Colombia's coca fields (wikipedia.org)
Marijuana Policy

Massachusetts High Court Bans Traffic Stops Solely for Suspected Marijuana. The state Supreme Judicial Court ruled Tuesday that police can't stop motorists simply because they suspect the vehicle's occupants may possess pot. The state decriminalized possession of up to an ounce in 2008, and the court based its ruling on that. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the decriminalization law, Justice Margot Botsford wrote for the majority. The case is Commonwealth v. Rodriguez.

Medical Marijuana

California Indian Reservation "Megagrow" Raided by Mendocino County. Mendocino County sheriff's deputies Tuesday raided a commercial marijuana cultivation operation on the Pinoleville Pomo Nation reservation in Ukiah, cutting down about 400 plants, seizing about 100 pounds of trimmed buds, and an undetermined quantity of cannabis oil. The county maintains the operation is illegal under the state's medical marijuana laws.

Michigan House Panel Advances Medical Marijuana Bills. The House Judiciary Committee Tuesday passed a package of bills aimed at legalizing dispensaries and edible forms of medical marijuana. The bills have tighter rules than similar measures that failed last year, and some patient advocates are grumbling. Seed-to-sale tracking is one new addition; an 8% excise tax is another. Now it will be up to the legislature's GOP leadership to advance the bills or not.

New Jersey Will Get a Fourth Dispensary. The state Department of Health has issued a permit for Compassionate Sciences in Bellmawr. It will becomes the state's fourth dispensary when it opens next month.

Pennsylvania Patients, Parents Demand Action on Medical Marijuana Bill. Supporters of delayed medical marijuana legislation rallied at the state capitol Tuesday to urge solons to act on a pending bill. A bill passed the state Senate in May, and House leaders earlier this summer created a group to draft a version that would pass in the GOP-led chamber. Protestors urged House leaders to just hold a vote on the Senate-passed bill.

International

Colombia Shifts on Drug Policy; No More Aerial Eradication. President Juan Manuel Santos Tuesday unveiled a new drug strategy for Colombia that will emphasize alternative development, with forced manual eradication of coca crops to be used as a last resort. There will be no more US-backed aerial spraying of crops with herbicides.

Medical Marijuana Update

California passes historic medical marijuana regulation, Illinois blocks expanding qualifying conditions, Missouri activists gear up for a 2016 initiative, and more.

California

Last Friday, the legislature approved sweeping medical marijuana regulation. After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos. After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243,Assembly Bill 266, and Senate Bill 643. The session ended at midnight Friday. Click on the title link for more, and read our feature article on reactions to the move here.

Illinois

Last Thursday,the governor vetoed medical marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Iowa

On Wednesday, Iowa activists announced they would use their state's primary campaign to pressure candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

Missouri

Last Friday, Missouri activists said they would run a 2016 medical marijuana initiative. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Nevada

Last Wednesday, Las Vegas' only dispensary was forced to shut its doors over shortages after test samples came up dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

New Jersey

Last Tuesday, an appeals court ruled that the smell of marijuana is still enough for a warrantless search. Even though medical marijuana is legal in the state, an appeals court ruled that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

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

Chronicle AM: Pot Polls in MI & SC, CA Diversion Bill Goes to Governor; Ecuador Retrenches, More (9/10/15)

New polls show majority support for legalization in Michigan and overwhelming support for having the feds butt out in South Carolina, efforts to get a medical marijuana regulation bill passed in California are still alive, Ecuador's president wants to toughen sentences for small-time dealers, and more.

Marijuana Policy

Michigan Poll Has Support for Legalization at 56%. A new Public Sector Consulting/Denno Research/Michigan Public radio poll has support for legalization at 56.7%. Support was split between those who wanted only limited commercial production (21.2%), those who wanted to allow home growing (26.7%), and those who wanted to leave it to local governments (7.8%). The poll comes as several ballot initiatives are being developed.

South Carolina Poll Finds Voters Want Feds to Butt Out on Marijuana Policy. A survey commissioned by Marijuana Majority had 65% of respondents agreeing that "states should be able to carry out their own marijuana laws without federal interference, with only 16% agreeing that "the federal government should arrest and prosecute people who are following state marijuana laws."

Medical Marijuana

California Medical Marijuana Regulation Going Down to the Wire. The clock is ticking on the state's legislature, and Wednesday, officials from organized labor, local government, and law enforcement sent a letter to legislative leaders voicing concern about the legislature's inability to get a regulation bill done. "We note, respectfully, that there are no significant policy differences between the two houses of the Legislature on this issue, based on the latest versions of the language that each have produced and made available for distribution," states the letter from the UFCW Western States Council, League of California Cities, and state Teamsters and police chiefs organizations. "The existing differences between the houses on this issue therefore appear to reside elsewhere." One issue appears to be who gets to take credit for passing a regulation bill. More at the link.

New Jersey Appeals Court Rules Smell of Marijuana Is Still Enough for a Warrantless Search. Even though medical marijuana is legal in the state, an appeals court ruled Tuesday that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

Drug Policy

California Legislature Passes Pretrial Diversion Bill to Protect Immigrants. The Assembly Wednesday gave final approval to Assembly Bill 1351, which would prevent deportation and loss of public benefits for minor drug law violations by diverting offenders out of the criminal justice system before adjudication of their cases. The bill now goes to the desk of Gov. Jerry Brown (D).

International

Ecuador to Toughen Penalties for "Microtraffickers." In something of a policy reverse, President Rafael Correa has launched an effort to increase penalties for small-time drug dealers. His proposal would modify the country's drug sentencing scheme, which had effectively decriminalized the possession of up to a gram of heroin or 50 grams of cocaine. Correa introduced the sentencing reforms earlier in his term, but now says they amount to "impunity" for "microtraffickers."

Chronicle AM: MI Rejects MedMJ for Autistic Kids, US Rejects Afghanistan Opium Eradication...For Now, More (8/28/2015)

California could still see a medical marijuana regulation bill this year, a Michigan official ignores his own advisory panel and bars medical marijuana for autistic kids, California counties strike out in an effort to make Big Pharma pay for damages related to prescription opiates, and more.

In Afghan fields the poppies grow... (unodc.org)
Medical Marijuana

California Medical Marijuana Regulation Bill Gutted, But Still Alive. A measure aimed at bringing the state's medical marijuana industry into an era of statewide regulation passed out of the Senate Appropriations Committee Thursday, but there was nothing in the version of the bill approved by the committee. Assembly Bill 266 was gutted and now simply reads: "It is the intention of the state legislature to regulate medical marijuana." It appears the move is designed to make room for input from the office of Gov. Jerry Brown (D), which has now submitted its language. The governor's language largely mirrors earlier language and would set up a tightly regulated system. The legislature has until next month to get the bill passed.

Michigan Rejects Medical Marijuana for Autism. Although an advisory panel recommended allowing medical marijuana for autism, Mike Zimmer, the director of the Department of Licensing and Regulatory Affairs, said Thursday he was rejecting that recommendation. Zimmer said there was not sufficient research and he questioned whether cannabis oil is even allowed under the state's medical marijuana law. Advocates said he was mistaken in his reading of the law, and said they were frustrated with the decision.

Drug Policy

Feeling Political Pressure, Los Angeles County Promoter Cancels Rave After Deaths at Earlier Event. Organizers of HARD Presents… A Night at Fairplex have canceled the September 10 rave in the face of threats from county commissioners to ban raves on county properties after two teens died at the HARD Summer festival at the same venue in early August. The promoter is also scaling back its annual Day of the Dead party set for October 31 and November 1. But some county commissioners say they are still moving forward with plans for a ban.

California Judge Throws Out Counties' Lawsuit Against Prescription Opiate Manufacturers. An Orange County Superior Court judge Thursday dismissed a lawsuit filed against five of the world's biggest pharmaceutical companies by Southern California counties seeking to make them pay for damages related to prescription drug abuse. The suit accused the companies of fraudulently marketing the pain relievers to undercut the warning labels required by the FDA. The pharmaceutical companies, including PurduePharma, the makers of Oxycontin, argued that the FDA had exclusive jurisdiction. The judge agreed, dismissing the case, but leaving an opening for it to be re-filed after an FDA evaluation.

International

US Rules Out Opium Eradication in Afghanistan, At Least For Now. The US will not support eradication programs in the world's largest opium producer until and unless there is a comprehensive alternative development program that will provide a stable source of income for poppy farmers, State Department spokesman John Kirby said Thursday. "This is a tough problem to get at, but to simply, you know, work towards some eradication program -- to burn them to the ground, while that may have an immediate effect, it doesn't necessarily do anything for long-term stability and security for Afghan farmers," he said. "You have to be able to work on supplementing it for something else, and we have worked with Afghan authorities for many years about trying to find other crops that farmers can grow to make a good living, and there's been some success in that," he said.

Chronicle AM: Christie Blames Obama for "Heroin Epidemic," CO Patients Sue Over PTSD, More (8/24/2015)

Pot isn't stinky enough for its odor to automatically qualify as disorderly conduct in Oregon, Colorado patients sue over the state's decision not to include PTSD in the medical marijuana program, Oklahomans will try again to get a medical marijuana initiative on the ballot, and more.

Chris Christie tries to make political hay off of opiate addiction. (nj.gov)
Marijuana Policy

Oregon Court Rules Pot Smell Not Inherently Offensive. The state Court of Appeals has thrown out the conviction of a man arrested on graffiti charges after police entered his home using the premise that he was committing disorderly conduct with the "physically offensive" odor of smoked marijuana. The court held that marijuana odors are not necessarily "physically offensive," writing that, "We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing." The case is State v. Lang.

Medical Marijuana

Colorado Patients Sue Over State's Refusal to Include PTSD as Qualifying Condition. Five PTSD patients filed suit against the state Board of Health last Thursday over its decision not to include PTSD on the state's medical marijuana eligibility list. The board and the Department of Public Health and Environment, which is also named in the complaint, now have 21 days to respond.

Oklahoma Medical Marijuana Initiative Coming. Medical marijuana advocates filed papers with the state last Friday indicating they are preparing another initiative petition drive to put the issue before the voters. Once the initiative is approved for circulation, proponents will have 90 days to gather 123,000 valid voter signatures to qualify for the November 2016 ballot. A similar effort fell short in 2014. This one is being run by a group called Green the Vote.

Drug Policy

Chris Christie Campaign Ad Blames Heroin "Epidemic" on Obama. In a new campaign ad, the New Jersey governor and Republican presidential contender goes after "lawlessness in America and around the world under Barack Obama" and declares that "drugs are running rampant and destroying lives" as images of an apparent drug overdose and a hoodie-wearing addict shooting up show on the screen. Christie doubled down on the ad on MSNBC's Morning Joe this morning: "This president has set a standard in Washington of lawlessness," he said. "What I mean by that is this: If you don't like the law, don't enforce it. So if you don't like the immigration laws, don't enforce those and let there be sanctuary cities throughout the country and do nothing about it. If you don't like the marijuana laws, don't enforce the marijuana laws in certain states if they don't feel like enforcing them."

Ohio Bill Would End Automatic Drivers' License Suspension for Drug Offenses. Following an edict developed by the federal government in the 1990s, people convicted of drug offenses in Ohio face an automatic six-month suspension of their drivers' licenses, even if no vehicle was involved in their offense. The state told the federal government in December it wanted out of the program, and now a bill to do just that, Senate Bill 204, has been introduced. The bill would make the suspension discretionary instead of mandatory, and it has the support of state prosecutors. "It never made much sense to have a license suspension in connection with a drug offense unless there is a vehicle involved," said John Murphy of the Ohio Prosecuting Attorneys Association.

International

May Shootout in Mexico Now Looks Like a Massacre By Police. The Mexican National Security Commission told the public that an incident that left 42 alleged cartel gunmen and one police officer dead was an hours-long shootout, but evidence developed since then suggest that it was instead a massacre or summary execution of suspects. Now, the Mexican Attorney General's Office and local prosecutors in Michoacan say crime scene evidence doesn't match what the commission and the police reported. That evidence suggests that only 12 of the 42 dead narcos were killed in action. Twenty-three others had wounds consistent not with a gunfight, but with an execution. Federal police said they seized 43 firearms, but only 12 had been fired, and photographs of the scene showed bodies with muddy hands lying next to clean weapons. One victim was shot nine times in the back; another was beaten to death. The Attorney General's Office says it will take over the investigation once local investigators are done.

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

Chronicle AM: First Las Vegas MedMJ Shop, Peru Restarting Drug Plane Shootdowns, More (8/21/2015)

A Wisconsin tribe moves toward legal marijuana, Oakland's effort to back the Harborside dispensary gets shot down in federal court, Peru wants to shoot down drug planes again, both major Kentucky governor candidates want to drug test welfare recipients, and more.

Peru claims a ton a day of cocaine is being flown out of the country. (gob.es)
Marijuana Policy

California NAACP Files Legalization Initiative. The civil rights group has filed the Community Act to Regulate, Control and Tax Cannabis, the latest addition to the growing list of legalization initiatives filed in the state. Reports are that the initiative is not designed to compete with the still long-awaited proposal from ReformCA, of which the California NAACP is a member, but to submit model language in support of the broader effort. The initiative would legalize up to an ounce and allow personal grows of up to 25 square feet, as well as allow marijuana commerce.

Wisconsin's Menominee Tribe Votes to Legalize Marijuana on Reservation. Tribal members overwhelmingly approved two advisory questions on whether the tribe should legalize marijuana on its reservation. Recreational marijuana was approved 677 to 499, while medical marijuana was approved 899 to 275. The matter now goes to the tribal legislature, which, given the vote, will likely approve ordinances allowing for marijuana.

Medical Marijuana

Federal Appeals Court Rejects City of Oakland Lawsuit Backing Harborside Dispensary. The 9th US Circuit Court of Appeals has upheld a lower court ruling dismissing Oakland's lawsuit against the Justice Department and the Northern California US Attorney's office. The city had argued that closing the dispensary would deprive it of tax revenues and increase crime by creating a black market for marijuana. Then-US Attorney Melinda Haag moved in 2012 to seize Harborside, claiming it violated federal law by selling medical marijuana. The case continues even though the Justice Department has since said it generally wouldn't interfere with state marijuana laws.

First Las Vegas Dispensary Set to Open Monday. A spokesman for Euphoria Wellness said Thursday the dispensary had won final state and county approvals this week and would open for business Monday. It will be the first dispensary in Clark County. The first dispensary in the state opened last month in the Reno suburb of Sparks.

Drug Testing

Both Major Kentucky Gubernatorial Candidates Want to Do Welfare Drug Testing. Democratic Attorney General Jack Conway has joined Republican gubernatorial nominee Matt Bevin in calling for drug testing of some welfare recipients. "I don't want to see our tax dollars going to support drug addiction," Conway, the Democratic front-runner, said Thursday. But Conway called for suspicion-based drug testing, while Bevins called for random testing, and Conway rejects drug testing Medicare recipients, while Bevins is for it.

International

Peruvian Congress Approves Shooting Down Suspected Drug Planes. The Congress voted unanimously Thursday to allow military planes to shoot down suspected drug flights. Drug-fighting President Ollanta Humala is expected to sign the bill. Peru claims a ton of cocaine a day is flown to Bolivia. Peru used to shoot down drug planes, but stopped after one of its pilots in a CIA-run program shot down a small plane carrying US missionaries, killing US citizen Roni Bowers and her infant daughter, Charity.

Russia Threatens to Ban Wikipedia Over Drug "How To" Entry. Russia's online censor, Roskomnadzor, says it will ban the entire website from Russia unless it removes or blocks access to an article about how to make a marijuana preparation. The censor has also recently gone after Reddit and YouTube over similar postings. Click on the link for more.

Canada's NDP Would Decriminalize Marijuana "Right Away." New Democratic Party leader Thomas Mulcair said Thursday that "the NDP's position is decriminalization the moment we form a government" and that "it's something we can do right away." The NDP is leading most polls in the elections set for October. The Liberals under Justin Trudeau have called for outright legalization, but they're polling third, behind the Conservatives, who have taken a hard line opposing any moves at drug liberalization.

Dusseldorf Moves Forward on Legal Marijuana Sales Plan. Councilors in the German city Wednesday approved a pilot project to sell marijuana to adults. The move was a joint effort by the three parties that form the city's governing coalition, the Social Democrats, the Free Democrats, and the Greens. A similar move is afoot in Berlin, Germany's largest city, where councilors in the Friedrichshain-Kreuzberg district applied for a marijuana license in June.

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

Drug War Issues

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