Marijuana

For the first time since the Pew Research Center started polling on the question 40 years ago, it has found that a majority of Americans favor legalizing marijuana. In a Pew poll released Thursday, 52% supported legalization, with only 45% opposed.

The Pew results are in line with other recent polls on the topic. Five polls released in December showed marijuana legalization hovering on the cusp of majority support. Those polls had support at 47%, 48%, 50%, 54%, and 57%, respectively.

The Pew poll found majority support for marijuana legalization among Democrats, independents, and liberal and moderate Republicans. There was also majority support among all age groups except those before the Baby Boom generation.

The gender gap continues to be evident. Some 57% of men supported legalization, but only 48% of women.

The poll also found considerable skepticism about enforcing the marijuana laws, with 72% agreeing that "government efforts to enforce marijuana laws cost more than they are worth" and 60% saying that the federal government should not try to enforce marijuana laws in states where it is legal.

Drug reformers liked the poll results.

"I've always tended to be cautious in claiming that we've hit the 'tipping point' on marijuana legalization," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "But we're there now. And I'd say we're trailing marriage equality by just a half-step, even if far fewer elected officials are willing to join publicly with us as yet."
 

The Pew poll has lots and lots of informative detail. It's worth clicking on the link above to check it out.

Medical marijuana bills were laid to rest in two states this week, changes in the medical marijuana law went into effect in another, and Massachusetts now appears set to open dispensaries by year's end. There's more news, too. Let's get to it:

California

Last Friday, a retired San Diego couple were bound over for trial on marijuana charges even though the presiding judge said he believed they were not selling the medical marijuana they grew. Deborah and Dennis Little were raided by DEA agents after a San Diego Sheriff's Department helicopter spotted their garden. Although the Littles are qualified patients, medical marijuana foe San Diego District Attorney Bonnie Dumanis filed criminal charges against them anyway. In binding the Littles over for trial, the judge noted that their medical marijuana recommendations were one month out of date.

Florida

On Monday, supporters conceded that medical marijuana legislation was dead for this year. The legislation has been bottled up by hostile or indifferent legislative leaders. "Shame on us as a legislature for not taking the opportunity to hear this bill this year," House bill sponsor Rep. Katie Edwards (D-Plantation) said at a press conference on Monday.

Maryland

On Monday, the House of Delegates approved a bill extending protections to caretakers. The measure had already passed the state Senate, so it now goes to Gov. Martin O'Malley (D), who has not said whether he will sign it. Under a 2011 law, patients are allowed to use medical necessity as an affirmative defense if caught with marijuana. This bill would expand that same protection to their caregivers.

Massachusetts

Last Friday, the Department of Public Health filed draft regulations for medical marijuana. Under the proposed rules, dispensaries (or "Medical Marijuana Treatment Centers") could open in the Bay State by the end of this year. Dispensaries would have to grow their own product and would not be able to sell wholesale to other dispensaries. The regulations aim to minimize home grows by various means, including discounted prices for low-income patients, allowing secure home delivery, and encouraging caregivers to pick up product instead of grow it. The regs would also define a 60-day supply of medical marijuana as 10 ounces.

Michigan

On Monday, changes to the medical marijuana laws passed last year went into effect. The law now defines and requires a "bona fide physician-patient relationship" -- which includes an in-person evaluation -- between a patient and recommending physician. Also, newly issued registry ID cards will be valid for two years instead of only one. A requirement that patients transporting marijuana by vehicle keep it in a case in the trunk took effect in January.

West Virginia

On Monday, a medical marijuana bill died after it failed to get a vote in the House. This marks the third consecutive year that bills filed by Del. Mike Manypenny (D) have been snuffed out in the House. At least this year, Manypenny managed to find some cosponsors, including Republicans. Maybe next year.

There is plenty of action in state legislatures, the battle over rescheduling continues, a Maine dispensary gets called out for using pesticides, and much more. Let's get to it:

National

Last Friday, Americans for Safe Access petitioned the DC Circuit Court for a rehearing before a full panel in its fight to force the federal government to reschedule marijuana. The move comes after a three-judge panel in January granted plaintiffs standing, but denied the appeal on its merits. In so doing, it set a near impossible standard for forcing rescheduling.

California

Last Thursday, prosecutors in Vallejo dropped charges against dispensary operator Matt Shotwell. The move marked an ignominious end to a series of a dozen dispensary raids conducted by Vallejo Police in early 2012. At least six dispensaries were raided, some repeatedly, but now cases against all six have now been dropped. The police raids came after the city council voted to impose taxes on dispensaries.

On Tuesday, the Concord city council approved an outdoor cultivation ban. The ban came despite only 14 complaint calls in the city of 120,000 residents. Council members cited concerns about public safety and "odiferous blight." Officials did say enforcement of the ban would be "complaint driven."

Colorado

On Tuesday, an audit found problems in the state's medical marijuana enforcement division. A report from the state auditor found that a lack of funding for the program led to a lack of consistent enforcement and a nearly two-year delay in reviewing license applications. Problems mentioned included a failure to quickly review applications, a failure to follow state law, and removing marijuana from dispensaries under disciplinary review and a failure to make sure seized marijuana is destroyed properly. The report also criticized the Department of Revenue for spending too much on capital projects and then laying off staff members, leading to long delays and mistakes in reviewing applications.

Florida

On Wednesday, activists were meeting with House Speaker Will Weatherford in an effort to get a pending medical marijuana bill moving. Weatherford has been blocking the bill, House Bill 1139, from getting a hearing or moving forward. No word at press time on the meeting results.

Illinois

Last Friday, the sponsor of a medical marijuana bill said it was just "one or two" votes shy of passing in the House. Rep. Lou Lang (D-Skokie) is the author of the medical marijuana bill, House Bill 1.

Maine

On Monday, state regulators said a dispensary was violating state rules by using pesticides on plants it was growing. Wellness Connection of Maine was ratted out by one of its own employees at its Auburn grow site, and investigators subsequently found pesticides present, as well as 20 other violations of the rules for growing marijuana. Wellness Connection said it would stop using pesticides and make other changes, too. State regulators will allow the dispensary to sell the pesticide-treated plants, but it must inform patients that chemicals were used in their growth. Wellness Connection, which runs half of the state's medical marijuana clinics, must now contact all prior and current patients to tell them pesticides were used in the products they purchased or are purchasing, and that they have stopped using the chemicals designed to keep bugs away.

Maryland

On Monday, a medical marijuana bill passed in the House. The bill, House Bill 1101, would set up a medical marijuana commission to which the academic medical centers could apply for permission to administer marijuana to patients within a research-focused program. Marijuana would be grown either by state-licensed growers or by the federal government.The bill now goes to the Senate.

Michigan

Last Friday, the Ypsilanti planning commission approved a new cultivation facility. It will be the second to operate in the city. The grow op won unanimous approval from the commission, on the condition that it construct a sidewalk and close a curb cut. Another facility has already been approved by the commission, but is awaiting site plan approval.

Nevada

Last Monday, Sen. Richard Segerbloom introduced a bill that would allow dispensaries to operate in the state. The bill, Senate Bill 374, would regulate dispensaries. Under the state's current medical marijuana law, there is no provision for dispensaries.

New York

On Tuesday, matching medical marijuana bills were introduced in the Assembly and Senate. Assemblyman Richard Gottfried filed Assembly Bill 6357 and Senator Diane Savino filed companion legislation, Senate Bill 4406. The bills would create a tightly regulated system of medical marijuana supply, complete with patient registries, but would not allow patients or designated caregivers to grow their own medicine. Patients would be limited to possessing no more than 2.5 ounces.

West Virginia

Last Thursday, Del. Mike Manypenny introduced a medical marijuana bill. In previous years, he has gone it alone, but this time around he has nine cosponsors. The bill is House Bill 2961.

The Maryland House of Delegates Monday approved a bill that would allow academic medical centers to provide medical marijuana to patients whose doctors recommend it. The measure passed easily on a 108-28 vote and is expected to pass the Senate as well.

The bill, House Bill 1101, would set up a medical marijuana commission to which the centers could apply for permission to administer marijuana to patients within a research-focused program. Marijuana would be grown either by state-licensed growers or by the federal government.

Sponsored by Del. Dan Morhaim (D-Baltimore), the bill would require the academic medical centers to specify qualifying medical conditions for treatment; treatment duration and dosage; where marijuana would be obtained; sources of funding; and a plan for monitoring data and outcomes, among other things. Programs would initially be approved for one year but could be extended.

"People who use medical marijuana to treat illnesses like cancer and multiple sclerosis shouldn't have to resort to the illicit market to obtain doctor-recommended medicine," said Dan Riffle, deputy director of government relations for the Marijuana Policy Project, which has worked with legislators in Annapolis to move the bill. "States around the nation are successfully implementing programs that provide patients with safe, legal, and reliable access to medical marijuana."

While the bill has its problems -- it doesn't let patients grow their own, it would take years to implement and would either require federal cooperation or the centers to violate federal law -- it is a start, and can amended down the road if it proves unworkable.

 "It may take several years for a program to get up and running, and federal policy presents a substantial obstacle to a law like this one ever being fully implemented," Riffle said. "Still, this bill gives us hope that patients could have safe, reliable access through programs that bear the imprimatur of some of the country’s most respected medical institutions."

Along with New England and the West, the Middle Atlantic region is one of the most medical marijuana-friendly in the country. If the bill passes the state Senate and is signed into law, Maryland will join neighbors Delaware and New Jersey as medical marijuana states, as well as Washington, DC, where the first dispensaries are set to open next month.