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Chronicle AM: OR Pot Sales Compromise, CO Employers Can Fire MedMJ Patients, More (6/15/05)

A legislative compromise would let Oregon counties where voters opposed legalization ban pot shops, the Colorado Supreme Court rules in favor of employers over medical marijuana patients, two big eastern cities are on the verge of shifting their drug enforcement policies, and more.

No pot shops like this for Eastern Oregon under a compromise being bruited by the legislature.
Marijuana Policy

Powerful Arizona Business Group Will Oppose Legalization Efforts. One of the state's most influential business groups, the Arizona Chamber of Commerce & Industry, has announced it will oppose looming legalization initiatives there. The group said it is worried about more workplace injuries and workers' compensation claims. "We arrived at our decision after careful consideration of the experiences of other states that have legalized marijuana, the arguments of proponents and research by our foundation. After looking at all the facts, we've determined that there is no upside to the legalization of recreational marijuana," said Chamber President and CEO Glenn Hamer. "The negative consequences that could result from legalization affect our business environment and the public's health."

Oregon Legislators Make It Easier to Ban Pot Sales in Eastern Counties. In a bid to get their legal marijuana regulation bill, House Bill 3400, back on track, leaders of the committee dealing with marijuana have agreed to new legislative language that would allow local governments to ban pot sales in counties where at least 55% of voters rejected the Measure 91 legalization initiative in 2014. All of those counties are in the sparsely populated and politically conservative eastern part of the state.

Medical Marijuana

Colorado Supreme Court Rules Employers Can Fire Medical Marijuana Patients for Off-Duty Use. The Court today affirmed lower court decisions allowing employers to fire employees for marijuana use while off-duty. The decision hinged on the state's lawful off-duty activities statute. The Court held that in order for the off-duty conduct to be considered "lawful," it must be legal under both state and federal law. The unanimous decision was not a surprise to advocates working to reform marijuana law and policy in Colorado. The case is Coats v. Dish Network. Coats is a quadriplegic who worked in customer service for Dish, but was fired after a random drug test turned up marijuana metabolites.

Law Enforcement

Washington, DC, Police to Shift Drug Enforcement Focus. DC Metro Police Chief Cathy Lanier has announced that the department will revise its drug war strategy by focusing on suppliers instead of street-level buyers and by putting undercover officers back in uniform. "Our main goal is the supply," Lanier said. "We don't want to focus police efforts on just people who are addicted. We want to be focusing on the people who are bringing the stuff in."

Boston Mayor Says City Could Offer Addicts Treatment Instead of Arrest. Mayor Marty Walsh (D) said that Boston could follow in the footsteps of nearby Gloucester and offer treatment instead of arrest to opiate users seeking help. Gloucester recently announced it had adopted that policy. "I commend Gloucester for what they're doing," Walsh said. "I think it's a great idea, a great pilot program, I'm looking forward to seeing how it works and taking that model and possibly using it here in Boston." The chance of the city adopting the program is "probably pretty good... I'm not sure when, but it's probably fairly good odds," he said.

International

>Costa Rican Ministry of Health Releases Criteria for Pending Medical Marijuana Bill.Earlier this month, the Costa Rican Ministry of Health outlined the details for the implementation of a pending bill to research and regulate marijuana for medical and industrial purposes. The bill was introduced by ruling Citizen Action Party legislator Marvin Atencio last year to tax marijuana products and regulate the use of medical marijuana through registration cards for patients provided by the Ministry of Health. Ten months after Atencios's proposal, the Ministry of Health released its criteria for the implementation of the bill. Among the conditions specified by the Ministry are that medical marijuana must be used as a last resort and that recreational use of marijuana will continue to be illegal. Medical marijuana will be distributed through conventional drug stores and will follow the same prescription rules outlined by the Costa Rican Social Security System. One of Atencio's proposals to issue marijuana identity cards was discarded by the Ministry under the argument that it would entail discrimination. Atencio responded by saying that the cards would protect medical marijuana patients in encounters with law enforcement. Other conditions included the implementation of educational campaigns for the general public on what is permissible under the new bill and an emphasis on an existing law prohibiting the monopolization of research on marijuana and hemp plants.

Chronicle AM: OH MJ Report, Colombia to Debate MJ Legalization, CDC Spice Warning, More (6/12/15)

There's a new report on the impact of marijuana legalization in Ohio, the CDC sounds the alarm on "Spice," a CBD cannabis oil for kids bill passes in Delaware, and more.

Marijuana Policy

Ohio Marijuana Policy Task Force Says Legalization Will Create 35,000 Jobs. A task force commissioned by ResponsibleOhio, which is leading a legalization initiative campaign, issued a 187-page report Thursday that estimated legalization would bring 35,000 jobs to the Buckeye State. Those jobs would provide wages of around $1.6 billion, the report said. The task force was led by Hamilton County (Cincinnati) Prosecutor Joe Deters.

Medical Marijuana

Delaware Legislature Approves Youth CBD Cannabis Oil Bill. The state Senate Thursday unanimously approved Senate Bill 90, which would allow children with epilepsy to use CBC cannabis oil. The bill, also known as Rylie's Law after 9-year-old Rylie Maedler, who suffers from severe seizures, already passed the House and now heads to the governor's desk.

New Synthetic Drugs

CDC Sounds Alarm on Synthetic Cannabinoids. The number of phone calls to poison control centers and the number of deaths related to synthetic cannabinoids ("spice") has tripled this spring compared to last year, the Centers for Disease Control and Prevention reported Thursday. The CDC reported that 15 people had died in the first five months of this year, up from five during the same period last year. For perspective, the CDC reported in April, that there were 44,000 drug overdose deaths in the US in 2013, more than half of them from prescription drugs.

Drug Testing

ACLU Sues Indiana Town Over Mandatory, Suspicionless Drug Tests for Public Assistance. The ACLU of Indiana has filed a lawsuit against the town of Black Township on behalf of a woman who was denied public assistance because she failed to take a drug test. It's not that she failed a drug test; the woman suffers from physical disabilities and was unable to physically urinate into a specimen cup. She sought an alternative means of doing the drug test, but the town refused to allow it. While the ACLU is suing under the Americans with Disabilities Act on that count, it also asserts that the town's policy of mandatory, suspicionless drug testing violates the Fourth Amendment, a position in line with federal court decisions.

International

Colombian Senator Will Push for Full Legalization During Looming Medical Marijuana Debate. Senator Roy Barreras of the coalition U Party said Thursday that he will attempt to amend a proposal to allow medical marijuana to turn it into a full legalization bill. That debate is set to take place next month. Barreras cited security issues, saying it is not drugs but "prohibition that is generating the mafias."

Chronicle AM: Senate Panel Wants DEA Out of MedMJ, MI Legalization Inits Approved, More (6/11/15)

The Senate is following the House's lead in telling the DEA not to interfere in medical marijuana states, two Michigan initiatives get the go-ahead for signature-gathering, a package of heroin bills passes the New York Senate, Vancouver gets tired of Cannabis Day, and more.

Cannabis Day in Vancouver. The city wants to shut it down. (cannabisday.ca)
Marijuana Policy

House Budget Bill Blocks DC Marijuana Sales for Two Years, But Doesn't Try to Roll Back Legalization. The House approved an appropriations bill today that would block legal marijuana sales in the District for the next two years. But, in what advocates called a victory, it does not attempt to undo Initiative 71, which allows for legal marijuana cultivation, possession, and consumption.

Michigan Legalization Initiatives Get Go-Ahead for Signature-Gathering. Two separate marijuana legalization initiatives are ready to start gathering signatures after the state Board of Canvassers approved the wording of their petitions Thursday. One is from the Michigan Cannabis Coalition and the other is from the Comprehensive Cannabis Law Reform Committee. Now, the groups must each gather 253,000 valid voter signatures in order to send the measures before the legislature. If the legislature fails to approve them, they would go before the voters in November 2016.

Medical Marijuana

Senate Committee Votes to Keep DEA Out of Medical Marijuana. Just last week, in a series of successful amendments to the Justice Department appropriations bill, the House sent a clear message to the DEA and DOJ to stop interfering in medical marijuana states. Today, a similar message came from the Senate. The Senate Appropriations Committee voted two-to-one today in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws. Click on the link for more details and reaction.

California Medical Cannabis Organ Transplant Act Wins Committee Vote. The measure, Assembly Bill 258, would bar health providers from denying organ transplants to people solely because they are medical marijuana patients. It has already passed the Assembly, and was approved Wednesday by the Senate Health Committee. It now heads for a Senate floor vote.

Heroin

New York Senate Approves Package of Heroin Bills. The state Senate Tuesday approved a package of bills aimed at curbing the state's opiate addiction problem. The package is a mix of treatment and law enforcement measures, including a measure allowing police to charge dealers with murder in overdose deaths. The bills now head to the Assembly.

International

Vancouver Tells Marc Emery to Cool It With His Cannabis Day Festival. "Prince of Pot" Marc Emery and his wife, Jodie, have been holding an annual July 1 Cannabis Day protest for nearly 20 years, but now Vancouver city officials have told them to cease and desist because "the city does not support or approve this event at this location as planned." But Jodie Emery said that people are going to show up regardless, and if there are any problems, "that's going to fall on the shoulders of the City reps who made this call."

Canada Supreme Court Expands Definition of Medical Marijuana to Include Edibles. The Canadian high court today ruled that medical marijuana is not limited to dried, smoked flowers, but also includes edibles, extracts, and derivatives. Read the opinion here.

Senate Committee Votes to Keep DEA Out of Medical Marijuana States [FEATURE]

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

Just last week, in a series of successful amendments to the Justice Department appropriations bill, the House sent a clear message to the DEA and DOJ to stop interfering in medical marijuana states. Today, a similar message came from the Senate.

Congress doesn't want the DEA messing with medical marijuana where it's legal. (wikimedia.org)
The Senate Appropriations Committee voted two-to-one today in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws.

While the appropriations bill must still be approved by the Senate as a whole, both houses of Congress are now on record as telling the DEA to butt out of medical marijuana states. The passage of identical amendments in both houses is a good indicator that they will be included in the spending bill when it gets to President Obama's desk.

While the House has passed similar amendments for the last two years, this is the first time it was offered in the Senate. It mirrors the provisions of the CARERS Act (HR 1538/S.683), introduced earlier this year, but because a ban in an appropriations bill expires at the end of the fiscal year, advocates are still calling for the CARERS Act to move.

The vote was an impressive 21-9, with the only Democrat voting against it being Sen. Dianne Feinstein (D-CA). Republicans split right down the middle, with eight opposing and eight supporting.

California's senior senator, Dianne Feinstein, was the only Democrat to vote "no." (senate.gov)
Drug reform advocates were pleased.

"This is another resounding victory for medical marijuana patients, their families, and their care providers. Congress is making it clear that the Department of Justice and the DEA have no business interfering in state medical marijuana laws," said Dan Riffle, director of federal policy for the Marijuana Policy Project.

"The goal of this amendment is to provide deference to the states, making it strikingly similar to the operative provisions of the CARERS Act. Unfortunately, that bipartisan bill has languished for months in the Senate Judiciary Committee because Chairman Chuck Grassley has refused to hold hearings on it. The Senate spoke loudly and clearly today. Hopefully Sen. Grassley was listening," Riffle continued.

"With so many votes going our way these days, each new one gets less and less exciting. But that's a good problem to have," said Tom Angell, chairman of Marijuana Majority. "We're entering an era where marijuana reform is accepted as mainstream and not seen as controversial, and that's exactly where we want to be. With this vote, it's now clear that a growing bipartisan group of lawmakers in both chambers are ready to get the federal government out of the way of the effective implementation of state marijuana laws. These temporary funding restrictions certainly help us to demonstrate political momentum, but the next step should be passing legislation to permanently change federal law."

BREAKING: Another Senate Pro-Medical Marijuana Vote

US Capitol, Senate side
BREAKING: The Senate Appropriations Committee just voted to extend the ban on DOJ spending funds to interfere with state medical marijuana laws. My US Senator, Barbara Mikulski (D-MD), sponsored the amendment.

Check back on our web site for information later today, and see last week's feature story on the House approving this and several other amendments that rein in DEA power.

As noted in that article, the language and arguably the fact of it being an appropriation matter (as opposed to just legalizing medical marijuana) leaves the field open for prosecutors to make arguments about how the amendment should be interpreted, and to do raids and continue prosecutions in the meanwhile. So it's not the solution to all of the problems that medical marijuana patients and their providers face, much less for marijuana policy in general. But it's a good step, and politically means the world for our efforts and their future prospects.

ProCon.org: Ten Pharmaceutical Drugs Based on Cannabis

Did you know that there currently are ten pharmaceutical drugs based on marijuana? Read the details on MedicalMarijuana.ProCon.org, part of the ProCon.org family.

This is the second installment in a Drug War Chronicle "Did You Know" series of important facts from ProCon.org. Follow the Chronicle the next several weeks to read them, or sign up for ProCon.org's email list or RSS feed. Read our first installment in the series here.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format.

From the Blog: NY Medical Marijuana Program Brings in $3 Million from Application Process

Empire State Building, NYC
Today state officials in New York will close the application process to open a dispensary.

According to numbers from the New York Post, the state has already brought in $3 million from the selection process by charging 300 perspective dispensary owners $10,000 a pop to file their bid to attain one of the five permits being distributed in the state.

These permits would allow their holder to open four dispensaries, and 20 dispensaries in total would be allowed to open in a state with a population of 19.75 million. The idea of one dispensary per 1 million residents does not really float with any goals for there to be ease of access, but with how limited the conditions list is, it shouldn't be much of an issue as dispensing kicks off in 2016. However, patients upstate are worried about the travel times that would be required to access their medicine.

Lightly processed flowers, as in trimmed, dried, and cured, will not be available to New York patients. This is due to the ban on smoking medical cannabis -- only oils, edibles, and vapable products will be for sale.

Not everyone in New York is happy with how the state's regulations turned out. State Assembly Leader Richard Gottfried told a Drug Policy Alliance event, "Last June, we were about to pass in both houses and the Governor calls me and Diane Savino down to his office and says 'This is how we've got to change it.' Maybe we should have told him to stuff it and passed it how it was and had him veto it, but we decided to bargain with him. We got a lot of really bad changes into the legislation and when they came out with the regulations they were even worse."

Hopefully after the kinks are worked out in the distribution process, New York's medical cannabis program will redevelop into something a bit more inclusive. Right now, lots of folks will be left out of the loop when it comes to using cannabis as effective medicine.

NY
United States

Medical Marijuana Update

It's getting a bit quieter on the medical marijuana front as state legislative sessions wind down, but there is still some action.

National

Last weekend, the AMA called for protections for medical marijuana doctors. Meeting at its annual convention in Chicago, the American Medical Association has passed a resolution called "Immunity from Federal Prosecution for Cannabis Prescribing." The resolution is "consistent with AMA policy to protect patient-physician communications about treatment options, supporting a public health approach rather than a law-enforcement focus, for individuals possessing cannabis for personal use and opposing government interference with the practice of medicine," the nation's largest doctors' group said.

Alabama

Last Thursday, medical marijuana legislation died. The legislative session ended last Thursday, and medical marijuana legislation died without action. Again.

California

Last Thursday, the Santa Barbara planning commission approved a dispensary. The commission approved a location at Ontare Plaza by a 6-1 vote. It still must be approved by the city council.

Louisiana

Last Thursday, the House approved a medical marijuana bill. The House approved Senate Bill 143, which would allow for the use of non-smoked marijuana for medical reasons and which would set up a system of 10 dispensaries statewide. The bill has already passed the Senate, but now returns there for a final vote after the house amended the bill. Gov. Bobby Jindal (R) has said he will sign the bill.

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

Chronicle AM: Two OH Legalization Inits Falter, One Going Strong; NC Harm Reduction Bill Passes, More (6/10/15)

Only one Ohio marijuana legalization initiative is still trying to make the ballot this year -- and looks like it will -- South Dakota could try for the third time to approve medical marijuana, a harm reduction measure passes in North Carolina, and more.

Marijuana Policy

Ohio Legalization Initiative Backers Say They Have Enough Signatures to Qualify. Proponents of the ResponsibleOhio legalization initiative, which would divvy up commercial grows to only 10 investors, say they have collected enough signatures to qualify for the November 2015 ballot. The group's executive director, Ian James, said the group has collected more than 550,000 voter signatures. It needs 305,000 valid voter signatures to qualify, and it still has three more weeks of petitioning to go. The group said it also conducted a robust voter registration campaign along with its signature drive.

Two Ohio Legalization Initiatives Give Up on 2015. The Better for Ohio and Ohio Rights Group legalization initiatives are dead for this year after organizers for both groups conceded they will not have the required number of valid voter signatures by July 1 to qualify for the November 2015 ballot. Both groups will continue to gather signatures for 2016.

Medical Marijuana

South Dakota Medical Marijuana Initiative Filed. A state activist has filed the explanation for a medical marijuana initiative with the state attorney general's office. Once it is reviewed and approved, proponents will then have 180 days to come up with 13,871 valid voter signatures to qualify for the November 2016 ballot. Medical marijuana initiatives have twice been defeated in the state. Maybe the third time will be the charm.

Drug Treatment

New York Legislature Approves Bill to Encourage Medication-Assisted Treatment for Drug Court Participants. The state Senate Tuesday approved Senate Bill 4239-B, which bars drug courts from removing drug court participants for using drugs like methadone and buprenorphine as part of a drug treatment program. The measure has already passed the Assembly. Advocates are now pressing Gov. Cuomo (D) to sign the bill into law.

Harm Reduction

North Carolina Legislature Passes Bill Strengthening 911 Good Samaritan Law. The state legislature has approved Senate Bill 154, which strengthens the state's 911 Good Samaritan law by extending protections from arrest to include not revoking someone's probation or parole, not charging underage victims of alcohol overdoses with a crime, and by clarifying that pharmacists are permitted to dispense naloxone with a physician's standing order.

Chronicle AM: AMA Wants Protection for Pot Docs, LA Marijuana Sentencing Reformed, More (6/9/15)

Another GOP presidential contender weighs in on marijuana policy, the nation's harshest pot laws are about to get a little better, the AMA sticks up for medical marijuana, er, cannabis, doctors, and more.

Carly Fiorina says marijuana legalization is a states' rights issue. (wikimedia.org)
Marijuana Policy

Carly Fiorina Says Marijuana Legalization a States' Right Issue. Republican presidential contender Carly Fiorina said Tuesday that while she personally opposed marijuana legalization, it should be up to the states. "I don't support legalized marijuana for a whole host of reasons, including the fact that this is a very complex chemical substance, and when we tell young people it is just like drinking a beer, we are not telling them the truth," she said. "But I think Colorado voters made a choice, I don't support their choice, but I do support their right to make that choice."

Louisiana Marijuana Sentencing Reforms Pass; Governor Expected to Sign. The state legislature Monday gave final approval to House Bill 149, which will make the state's draconian possession penalties somewhat less so. Gov. Bobby Jindal has signaled that he will sign the bill. For first offenders, the maximum penalty shrinks from six months to 15 days in jail; for second offenders, the penalty shrinks from a five-year felony to a six-month misdemeanor; for third-strikers, the penalty shrinks from a 20-year felony to a two-year felony. The bill also allows people charged with first-time possession to have their records expunged if they don't get busted again for pot within two years.

Oregon Legislators Have Tentative Pot Deal. Legislative negotiators have reached initial agreement on a way to move forward with implementing legalization. The deal foresees a possible 20% retail sales tax, with municipalities collecting up to 3%. The key question of whether municipalities can prohibit pot shops is being deferred to the courts or a work group charged with making recommendations for 2016. See this series of amendments for more details.

Medical Marijuana

AMA Calls for Protections for Medical Marijuana Doctors. Meeting at its annual convention in Chicago, the American Medical Association has passed a resolution called "Immunity from Federal Prosecution for Cannabis Prescribing." The resolution is "consistent with AMA policy to protect patient-physician communications about treatment options, supporting a public health approach rather than a law-enforcement focus, for individuals possessing cannabis for personal use and opposing government interference with the practice of medicine," the nation's largest doctors' group said.

Industrial Hemp

Nevada Governor Signs Hemp Research Bill. Gov. Bryan Sandoval last Friday signed into law Senate Bill 305, which will allow colleges, universities, and the state Agriculture Department to grow hemp for research purposes in a pilot program. But it doesn't allow commercial hemp production.

Law Enforcement

California School District Pays Out for Using Student as Drug Sting Bait. The Temecula Valley Unified School District will pay $200,000 to a family whose 14-year-old learning disabled son was recruited by an assistant principal to serve as bait in a drug sting. The sting took place even after the boy's mother objected. The boy's mother said the school's actions endangered her son, leading to him being labeled a snitch and to threats of physical violence against him. The sting was an effort to catch another student with marijuana.

(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.)

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