Marijuana

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Chronicle AM: DEA Snitching Issues, Dutch Towns Want Regulated Marijuana Grows, More (11/30/15)

Marijuana Policy

Cherokee Chief Vetoes Marijuana Legalization Study Resolution. The principal chief of the Eastern Band of Cherokee Indians, Patrick Lambert, has vetoed a resolution authorizing a feasibility study to examine the "issues and impacts associated with the legalization of cannabis" on tribal lands. "I have stated my opposition to the recreational use of drugs many times, and this includes marijuana," Chief Lambert wrote in his veto letter to Tribal Council Chairman Bill Taylor. Tribal members supporting legalization, organized as Common Sense Cannabis, responded with a statement saying Lambert was misguided: "In Chief Lambert's veto letter, he solely focuses on the 'recreational' marijuana, in which we call personal use. He cites recreational drug use as the problem in our community. While he is right about drug use as a problem, it does not stem from cannabis use. The problem lies with legal prescription pills and other synthetics, such as meth and heroin." The group is calling for the veto to be overridden in a tribal council meeting this Thursday.

Medical Marijuana

Florida Approves Five Medical Marijuana Growers. The state Department of Health has named the five operations that will be allowed to grow high-CBD, low-THC marijuana. The state's law limits the use of oils derived from the plants to patients suffering from cancer or a disease that "chronically produces symptoms of seizures or severe and persistent muscle spasms that can be treated with low-THC cannabis."

New Hampshire Woman Wins Approval to Seek Medical Marijuana in Maine. A woman suffering from late-stage lung cancer can seek to buy medical marijuana in neighboring Maine, a judge ruled last Tuesday. Linda Horan, 64, said she could be dead by the time dispensaries open in New Hampshire, so she sued the state to get an ID card that would allow her to purchase it in Maine. The state had argued that issuing her an ID card would undermine its need to control distribution, but the judge wasn't buying that argument. "She is suffering from a painful, terminal disease and is also undergoing chemotherapy. There is no dispute that cannabis can ameliorate some of her suffering," wrote Judge Richard McNamara. "She will suffer irreparable harm if relief is not granted."

Law Enforcement

Justice Department Inspector General Slams DEA Snitch Practices. In its semiannual report to Congress, the DOJ's OIG criticized the DEA for failing to have guidelines for the use of "high-level and media-affiliated sources," failing to effectively review snitches' authorization to conduct "Otherwise Criminal Activity," and failing to review its continued use of long-term snitches. The report also noted that the DEA was at times uncooperative, including efforts to obstruct the OIG's reviews of snitch file reviews and long delays in providing requested information.

International

European Parliamentary Council Calls for Public Health-Oriented Drug Policy. The Parliamentary Assembly of the Council of Europe, in advance of next year's UN General Assembly Special Session (UNGASS) on Drugs, has called for a public health approach to drug policy. "The Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly of the Council of Europe stresses that the world drug problem constitutes a major public health threat, for both individual drug users and society as a whole… the committee strongly supports the call for a change in approach to drug policy and calls on member States to adopt and promote a public-health-oriented drug policy based on prevention, treatment and harm reduction. It also invites all participants of the UN General Assembly Special Session on the World Drug Problem to defend a new approach to drug policy, which should shift the emphasis from criminal justice to public health."

Dutch Localities Call for Regulated Marijuana Cultivation. The association of Dutch localities, VNG, has issued a new report calling for the government to regulate and license marijuana cultivation as a means of squeezing out smugglers and organized crime. The Dutch allow for the sale of small amounts of marijuana, but there is no legal provision for supplying the crop. 'The current situation cannot continue,' the report states. 'As local officials, we are experiencing major social problems… By turning a blind eye [to marijuana], the government is giving criminals free rein to sell their products. The cannabis industry is loosely entwined with organized crime, which is also involved in ecstasy and human trafficking," the report says.

Uttarkakhand to Become First Indian State to Allow Hemp Cultivation. The state government is now allowing farmers to grow hemp plants with less than 1.5% THC for industrial purposes. The crop can only be sold to the state government, not private buyers.

Chronicle AM: AK to Allow Some Social Pot Smoking, Sentencing Reform Moves in Congress, More (11/23/15)

Marijuana Policy

You'll be able to toke up with this at some Alaska pot shops. (wikimedia.org)
Alaska Will Allow Marijuana Use at Some Stores. The state's Marijuana Control Board voted 3-2 last Friday to allow consumption at some pot shops, making it the first state to do so. Board Chairman Bruce Schulte said there seemed to be public demand for such an option.

New Jersey Marijuana Arrests Going Up, Not Down. Even as state legislators discuss marijuana legalization, New Jersey cops are busily arresting pot smokers at a record pace. Marijuana arrests jumped 10% in 2012 and 10% again in 2013, according to New Jersey State Police Uniform Crime Reports. The 24,765 marijuana arrests is the highest number in 20 years, and nearly double the amount in 1993.

Vermont Legalization Supporters Release Report. The Vermont Cannabis Collaborative has released a report outlining a legalization framework for state lawmakers. The report calls for home grows of up to nine plants, craft growers who could grow up to 99 plants, and large-scale operators, who could have a grow space of up to 30,000 feet. There's much more at the report link.

Medical Marijuana

Arizona Supreme Court Mixed Ruling on Medical Marijuana DUID. The state's high court ruled last Friday that medical marijuana cardholders don't have immunity from prosecution under the state's DUID law, but also held that cardholders can try to mount a defense showing that they did not have enough marijuana or pot metabolites in their system to actually be impaired.

Pennsylvania Medical Marijuana Bill Wins Committee Vote. The House Rules Committee voted 25-8 last Wednesday to advance a medical marijuana bill. The bill has already passed the Senate, but still needs a House floor vote. Gov. Tom Wolf (D) has said he will sign the bill.

Heroin and Prescription

Maryland Legislator Proposes Heroin Maintenance Program. Delegate Dan Morhaim (D) said last Thursday he plans to offer legislation next year to provide free heroin to addicts in a bid to reduce crime.

Asset Forfeiture

New Mexico Senators Sue Albuquerque Over Asset Forfeiture. A bipartisan pair of state senators have filed a lawsuit against the city of Albuquerque over its vehicle seizure program, which they say violates the state's recently passed asset forfeiture reforms. Sens. Lisa Torraco (R-Albuquerque) and Daniel Ivey-Soto (D-Albuquerque) are seeking an injunction to stop the city from seizing vehicles without the owner first being convicted of a crime.

Harm Reduction

FDA Approves Narcan Nasal Spray. The Food and Drug Administration last Thursday approved a naloxone nasal spray to stop or reverse opiate overdoses. The FDA said it was as effective as the injectable form of the drug.

Sentencing

Historic Sentencing Reform Bill Passes House Judiciary Committee. Last Thursday, the House Judiciary Committee voted unanimously to advance the Sentencing Reform Act. The bill, introduced by Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), and sponsored by thirty other Representatives, would reduce mandatory minimum sentences for drug offenses, expand the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and make many of the sentencing reductions retroactive. The bill is also moving in the Senate, where the Senate Judiciary Committee advanced its version last month.

International

China Bans More Than a Hundred New Psychoactive Substances. China last month banned more than a hundred new psychoactive substances, including alpha-PVP, more widely known as "flakka." It is now illegal to distribute flakka, synthetic opiates, and a score of other chemicals.

Mounting Pressure on DEA Head to Resign For Calling Medical Marijuana "A Joke"

Medical marijuana patients and supporters gathered today at DEA headquarters in Arlington, Virginia, to hand in more than 100,000 petition signatures demanding the resignation or firing of DEA Administrator Chuck Rosenberg after he called medical marijuana "a joke."

Medical marijuana is no joke said 100,000 signatures delivered to the DEA today. (wikimedia.org)

The petition, which was started only two weeks ago, has more than doubled the number of signatures on an earlier petition that helped prompt the ouster of Rosenberg's predecessor, former DEA head Michele Leonhart.

After walking from the nearby site of the International Drug Reform Conference, the group held a brief press conference in front of the DEA building. It was led by petition organizer Tom Angell of Marijuana Majority, whose own mother is a patient.

"My mom uses medical marijuana to deal with the severe pain caused by multiple sclerosis," he said. "This issue is no laughing matter for her and millions of other people who have seen the benefits of cannabis for themselves."

Also addressing the press conference were medical marijuana patients and the parents of young medical marijuana patients.

"There is no doubt that my son Jagger is alive today because of medical cannabis," said Sebastian Cotte, who helped carry the petitions. "Cannabis has tremendously decreased the pain and seizures caused by his mitochondrial disease, while improving his quality of life. For our family, this is no joke."

"There's nothing funny about suicidal thoughts, and those are something my family and I lived with day-to-day die to my military-related PTSD," said Navy veteran T.J. Thompson. "Using medical marijuana not only helps with my condition, but it has also had the added effect of making me a better father and husband."

Medical marijuana is now legal in 23 states, the District of Columbia, and Guam, and 17 more states have more limited laws allowing for the use of marijuana extracts, primarily for children suffering seizure disorders. According to Americans for Safe Access, which supported the petition, more than two million Americans now use medical marijuana in accordance with state laws.

An ever-increasing mountain of scientific studies have shown that medical marijuana is beneficial in alleviating the symptoms of serious conditions, including cancer, AIDS, epilepsy, and many others. With his remarks about medical marijuana as "a joke," DEA head Rosenberg made clear that he was either ignorant of the science around medical marijuana or indifferent to it.

The petition delivery came one day after a bipartisan group of members of Congress sent a letter to President Obama calling for Rosenberg's head, saying his comments "send a clear signal to the American people that the federal government isn't listening to them. It erodes trust. Cavalier statements like these fly in the face of state policy and the experience of millions of patients."

The letter blasted Rosenberg's statements as relics of "a throwback ideology rooted in the failed war on drugs" and accused him of "trivializing" both the science and the experience of millions of American who have used medical marijuana.

"Mr. Rosenberg's statements send a clear signal to the American people that the federal government isn't listening to them…Through his statements, Mr. Rosenberg has demonstrated that he is not the right person to hold the job of head of the DEA, and we urge you to find new leadership that can work to develop the right tools to properly rationalize our treatment of marijuana," the letter said.

It was signed by Reps. Earl Blumenauer (D-OR), Steve Cohen (D-TN), Sam Farr (D-CA), Jim McDermott (D-WA), Dana Rohrabacher (R-CA), and Ted Lieu (D-CA). Blumenauer himself took to the House floor to echo the call for Rosenberg's resignation or firing.

"This is going to be a political problem for the Obama administration until they fix it," warned Angell.

Arlington, VA
United States

Eight States That May Legalize Marijuana Next Year [FEATURE]

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

Beginning in 2012, four states and the District of Columbia have voted to legalize marijuana. By this time next year, that number could well double, and then some. National polls now consistently show majorities in favor legalization, with a recent Gallup poll having 58% support -- tied for the highest level in the poll's history.

That doesn't mean legalization is inevitable in any given state, as the case of Ohio earlier this month demonstrated. There, an initiative led by non-movement investors who sought monopolistic control of commercial pot cultivation got trounced despite spending millions of dollars.

But the Ohio result was probably a fluke, a convergence of a number of factors, including tone-deaf initiative organizers, a flawed initiative, a widely criticized mascot, and the fact that it was an off-off-year election with low voter turnout. There is no reason to believe that legalization initiatives likely next year in other states will be defeated just because the Ohio effort went down in flames.

At this point, it looks like there are six states likely to legalize weed through the initiative process next year, with those efforts at varying stages, and a couple more that could do it through the legislative process.

Here they are:

INITIATIVE STATES

ALREADY ON THE BALLOT

Nevada. The legalization initiative from the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol qualified for the ballot last December. That means that by the time Election Day 2016 arrives, organizers will have had nearly two years to make their case to voters. Under state law, the legislature could have acted on the petitions and legalized weed, but it declined to do so, so now it goes direct to the voters. There are no recent state polls on legalization, but it had 54% support in 2013, and there is no reason to think it has declined since then.

PETITION DRIVES WELL ADVANCED

Arizona. The Marijuana Policy Project-backed Campaign to Legalize Marijuana Like Alcohol in Arizona announced last week that it had already collected 100,000 signatures for its legalization initiative. It needs to collect 150,000 valid signatures by next July to qualify for the ballot, appears well on the way to doing so, and says it is aiming for 230,000 raw signatures to have a healthy cushion. A June poll had support at 53%.

Maine. Once there were two competing initiative campaigns in the state, but now there is only one. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol has quit signature gathering for its legalization initiative and joined forces with Legalize Maine in support of its slightly looser legalization initiative. Both campaigns had gathered about 40,000 raw signatures each before coalescing. The Legalize Maine campaign will need 61,000 valid voter signatures to qualify, and it has until February 1 to get them.  That seems eminently doable, and if it makes the ballot, it should win: A poll in April had support for legalization at a whopping 65%.

Massachusetts. Unlike Maine, the Marijuana Policy Project has so far been unable to form a united front with local activists, so there are two ongoing legalization campaigns. The MPP-backed Campaign to Regulate Marijuana Like Alcohol and its legalization initiative is vying with the homegrown Bay State Repeal and its legalization initiative. As in Maine, the local initiative is slightly looser. Earlier this month, the Campaign said it has already collected 100,000 signatures. It only needs 64,750 valid signatures to qualify, so it already has a nice cushion and the rest of this month to gather more. It's not known how advanced the Bay State Repeal signature drive is, but it already looks like at least one legalization initiative will be on the ballot next year. Under state law, if an initiative has enough signatures, the legislature can then move to enact it. If the legislature doesn't act, the campaign must then gather an additional 10,800 signatures to put it before the voters. One recent poll had support for legalization at only 41%, but it had a small sample size and large margin of error. Polls from 2014 had legalization winning by anywhere from six to 13 points, and the voters previously supported medical marijuana and decriminalization initiatives with a 63% vote.

Michigan. Another state with two competing campaigns, and the one that looks the iffiest in terms of qualifying for the ballot. Some 252,000 valid voter signatures are needed to qualify, and neither campaign is there yet. Backed by Republican business interests, the Michigan Cannabis Coalition said it had collected 200,000 signatures for its legalization initiative by the end of October before making a "strategic decision" to temporarily suspend petitioning. It has until the end of January to come up with more. Meanwhile, state activists have created the Michigan Comprehensive Cannabis Law Reform Committee (MI Legalize) and are signature gathering around their own legalization initiative. Last week, they said they were 90,000 signatures short -- although it that is just raw numbers, they will need substantially more to have a comfortable cushion -- and they have until the end of December to get them. Both campaigns have money in the bank and are paying signature-gatherers.

STILL IN A CONFUSED MUDDLE

Will California activists get their ReformCA initiative on the ballot? (reformca.com
California. California should have been an almost sure there next year, and probably still is, but it is getting late in the game, and the evident divisions among legalization proponents are starting to make for some worried wondering. There are no fewer than 18 legalization initiatives in play (some various versions of the same initiative), most of which have little to no chance of coming up with the 365,000 signatures needed to qualify. State activists organized as the California Coalition for Cannabis Policy Reform (ReformCA) thought they had the support of national reform organizations and associated pots of money for their initiative, but that hasn't turned out to be the case. Instead, groups such as the Marijuana Policy Project and the Drug Policy Alliance seem to be throwing their support to an initiative sponsored by tech billionaire Sean Parker. Neither the latest version of the ReformCA initiative nor the Sean Parker initiative has been cleared for signature gathering. Both initiatives now face a ticking clock. Campaigns have six months to get those necessary signatures, but the real hard deadline is June 30. Initiatives must have been cleared for the ballot by then in order to make the November ballot. The Parker initiative will likely have the financial support to do an expedited signature-gathering campaign; whether ReformCA will remains to be seen. While the state-level polling is good -- a June poll had support at a record 54% -- this late disarray doesn't bode well.

LEGISLATIVE STATES

Rhode Island. This year, the legislature took up a legalization bill only to see it held for further study by the Judiciary Committees in both chambers. Next year, it could actually move, and it would if the legislature listens to the voters. In an April poll, 57% said they would support a bill to tax and regulate marijuana.

Vermont. This is probably the best bet for the first state to legalize pot through the legislative process. The groundwork has been being laid for years, it has the support of key state political figures, including Gov. Peter Shumlin (D) and House Speaker Shap Smith (D), and legislative hearings on how -- not whether -- to legalize next year are already underway. The legislature failed to move legalization bills this year, but the stage is set for 2016.

Medical Marijuana Update

A petition calling on President Obama to fire the DEA head keeps getting more signatures, the Florida medical marijuana initiative is halfway home on signature gathering, a New Jersey school becomes the first in the country to allow medical marijuana on campus, and more. 

National

Last Friday, a petition to fire the DEA head for calling medical marijuana "a joke" had 16,000 signatures. People so inclined can add theirs here. Actually, the petition now has some 27,000 signatures, having gained 11,000 more since the linked story was published yesterday.

By Monday, the petition had more than 80,000 signatures. Uh, make that 83,044 signatures at latest count. DEA Administrator Chuck Rosenberg is still getting heat over his statement that medical marijuana is "a joke." It's just his latest comment suggesting the nation's top drug cop is not that well-informed in his subject area.

California

Last Tuesday, the Newport Beach city council gave first approval to a medical marijuana ban. The council voted unanimously to approve the first reading of the ordinance, which will ban the cultivation, processing, distribution, and even delivery of medical marijuana. The city is acting to avoid losing licensing and regulatory authority under the Medical Marijuana Regulation and Safety Act, which was signed into law last month. The law says that if localities fail to enact rules or bans by year's end, the state will have sole licensing and regulatory authority there.

Florida

Last Friday, the state Supreme Court canceled its medical marijuana initiative hearing. Backers of a 2016 medical marijuana initiative have just seen one obstacle removed from their path. After Attorney General Pam Bondi (R) announced she would ask the high court to block the initiative, the state Supreme Court has canceled a hearing on it set for December 8. The initiative from United for Care is already well-advanced in the signature gathering process. A similar initiative failed last year with 58% of the vote—60% was needed because it was a constitutional amendment.

As of Monday, the medical marijuana initiative had nearly half the necessary signatures. The initiative from United for Care has already gathered 342,582 valid voter signatures. That puts it half-way to the 683,179 valid voter signatures to place the initiative on the November 2016 ballot. Petitioners have until February to get the rest of the signatures.

Illinois

ByMonday, more than $200,000 worth of medical marijuana had been sold in the state's first week of sales. Only a handful of dispensaries are open in the state, but they took in $211,000 in sales after opening last Monday. The medi-weed was selling for around $450 an ounce, or $16 a gram.

Maryland

Large Number of Applicants Will Delay Maryland Program. Nearly 900 people have applied to grow or sell medical marijuana in the state, and that is going to delay the program's rollout, Hannah Byron, the executive director of the state's medical marijuana commission said Thursday. She said the commission will extend the application period and revise the timeline, which had originally anticipated the first stage of the application review would be done by January.

Missouri

As of last Friday, Kansas City hospitals were denying cannabis oil to epileptic patients. That's Kansas City, Missouri. The state passed a law last year allowing for such use, but no hospitals in the Kansas City area will allow their doctors to write a recommendation. The hospitals cite lack of standardized dosages for children and concerns about side-effects and interactions with other medications. Children's Mercy Hospital in Kansas City will start a study on cannabis oil for epileptic patients next year, but has no plans to widely recommend it. On the other side of the state, the Comprehensive Epilepsy Care Center in St. Louis does allow doctors to write recommendations.

New Jersey

Last Wednesday,a Garden State school became the first in the nation to permit medical marijuana on campus. The Larc School in Bellmawr Wednesday night adopted a policy allowing a teenage girl with autism and epilepsy to consume medical marijuana edibles while at school. The move comes just two days after Gov. Chris Christie (R) signed into law a bill requiring school districts to adopt such policies.

Chronicle AM: NJ Pot Legalization Hearing, Pittsburgh Ponders Decrimalization, More (11/17/15)

Pot legalization was on the agenda in New Jersey, and decriminalization was on the table in Pittsburgh yesterday, West Virginia lawmakers ponder a food stamp drug testing bill, and more. 

Marijuana Policy

New Jersey Senate Committee Holds Hearing on Legalization. Led by Sen. Nicholas Scutari (D), the Senate Judiciary Committee Monday heard from marijuana legalization advocates, leading Scutari to clash with Sen. Joh Kyrillos (R), who complained that anti-legalization voices were not heard. Earlier, Scutari had said that anti-legalization voices would be heard at a later hearing. Monday's panelists included policy advocates, doctors, and representatives from law enforcement.

Pittsburgh to Take Up Decriminalization Bill. A bill to decriminalize small-time pot possession in the city was to be introduced today. The ordinance, based on a similar one in Philadelphia last year, would make possession of less than 30 grams of marijuana or public pot smoking a civil violation with a $100 fine. The bill is being sponsored by Councilman Daniel Lavelle.

Medical Marijuana

Florida Medical Marijuana Initiative Has Nearly 350,000 Signatures. The initiative from United for Care has already gathered 342,582 valid voter signatures. That puts it half-way to the 683,179 valid voter signatures to place the initiative on the November 2016 ballot. Petitioners have until February to get the rest of the signatures.

Drug Testing

West Virginia Legislature Ponders Welfare Drug Testing. Lawmakers Monday discussed a draft bill to allow for drug testing of some food stamp recipients. The bill would limit drug testing to people for whom there is "reasonable suspicion" of drug use. That suspicion could be aroused by an initial drug screening, if the person has a drug conviction in the past five years, and if a newborn baby born to the food stamp recipient tests positive for drugs. The bill would also allow child welfare authorities to investigate people who failed or did not take a drug test. The bill will likely be formally introduced in January.

Chronicle AM: Canada Starts to Move on Legalizing Pot, Irish Cops Support Heroin Decriminalization, More (11/16/15)

Nick Scutari tries to get the marijuana legalization ball rolling in New Jersey, a petition calling for the DEA head to be fired is going strong, Democratic candidates talk drug and crime policy at the debate, Canada moves toward pot legalization, Irish cops support heroin decrim, and more. 

Ireland's drugs minister wants to decriminalize heroin, and the cops are on board with it. (wikimedia.org)
Marijuana Policy

New Jersey Legislative Hearing on Pot Legalization Today. Sen. Nicholas Scutari (D), who filed a marijuana legalization bill, S 1896, earlier this session, is holding a hearing on the topic today. Today's witnesses will include supporters of marijuana law reform; opponents will get a chance to opine at a later hearing. No vote is expected today. "A journey of a thousand steps starts with the first," said Scutari, who as chairman of the Senate Judiciary Committee, called the hearing. "The first step was introducing the bill and this is the natural next step — to talk about the benefits of legalization and the negative impact prohibition has had."

Medical Marijuana

Petition To Fire DEA Head Over Medical Marijuana "Joke" Comment Has 80,000 Signatures. Uh, make that 83,044 signatures as of mid-afternoon today. DEA Administrator Chuck Rosenberg is still getting heat over his statement that medical marijuana is "a joke." It's just his latest comment suggesting the nation's top drug cop is not that well-informed in his subject area.

Florida Supreme Court Cancels Medical Marijuana Initiative Hearing. Backers of a 2016 medical marijuana initiative have just seen one obstacle removed from their path. After Attorney General Pam Bondi (R) announced she would ask the high court to block the initiative, the state Supreme Court has canceled a hearing on it set for December 8. The initiative from United for Care is already well-advanced in the signature gathering process. A similar initiative failed last year with 58% of the vote—60% was needed because it was a constitutional amendment.

Illinois Sees More Than $200,000 in Medical Marijuana Sales in First Week. Only a handful of dispensaries are open in the state, but they took in $211,000 in sales after opening last Monday. The medi-weed was selling for around $450 an ounce, or $16 a gram.

Heroin and Prescription Opiates

EEOC Sues Employer Who Refused to Hire Methadone User. In its latest lawsuit against employers taking actions against prescription medication users, the Equal Employment Opportunity Commission is going after a company that allegedly refused to hire a woman who is prescribed methadone to deal with her heroin addiction. EEOC alleges that the company is violating the Americans With Disabilities Act because the woman is a recovering substance abuser, has a history of disability, and was "regarded" as disabled based on her methadone use. EEOC has also sued other employers over discrimination against methadone patients, as well as other prescription drug users.

Drug Policy

Democratic Candidates Talk Drug, Crime Policy in Last Saturday's Debate. Bernie Sanders reiterated his support for ending federal marijuana prohibition, while Martin O'Malley and Hillary Clinton joined Sanders in calling for criminal justice reforms and addressing racial inequalities in the criminal justice system. Click on the link for more details.

International

Canada's Prime Minister Begins the Process of Legalizing Marijuana. Freshly-elected Liberal Prime Minister Justin Trudeau has instructed Justice Minister Jody Wilson-Raybould to begin the process of legalizing and regulating marijuana. Trudeau told Wilson-Raybould he expected her to "deliver on your top priorities," which includes "Working with the Ministers of Public Safety and Emergency Preparedness and Health, create a federal-provincial-territorial process that will lead to the legalization and regulation of marijuana."

Mexico to Consider Cutting Jail Sentences, Raising Possession Limits for Marijuana. Jumpstarted by a Supreme Court decision earlier this month allowing four Mexicans to use marijuana, the forthcoming national debate on marijuana policy will consider easing jail sentences and raising limits for personal possession of pot, Deputy Interior Minister Roberto Campa said. The national consultation is set for January through March.

Irish Police Back Decriminalizing Heroin Possession. The Garda Representative Association, which represents some 11,000 Irish police officers, is backing the government drug minister's call to decriminalize heroin possession. "I think anything that can deal with the curse of drugs and some innovating thinking on this is to be welcomed," the GRA’s general secretary, PJ Stone, said, adding that the proposal would be seen as a brave move. "We don’t even have enough cells to lock up drug users who get arrested for possessing drugs," a GRA member from Dublin added.

(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: Mid-Atlantic MedMJ Moves, Bolivia's President Chooses Official Coca Drink, More (11/13/15)

Applicants have overwhelmed Maryland medical marijuana regulators, a New Jersey school becomes the first in the country to allow medical marijuana on campus, Bolivia's president chooses an official beverage, and more.

This coca liqueur is now the official drink of the Bolivian presidential palace.
Medical Marijuana

Large Number of Applicants Will Delay Maryland Program. Nearly 900 people have applied to grow or sell medical marijuana in the state, and that is going to delay the program's rollout, Hannah Byron, the executive director of the state's medical marijuana commission said Thursday. She said the commission will extend the application period and revise the timeline, which had originally anticipated the first stage of the application review would be done by January.

New Jersey School Becomes First in Nation to Permit Medical Marijuana on Campus. The Larc School in Bellmawr Wednesday night adopted a policy allowing a teenage girl with autism and epilepsy to consume medical marijuana edibles while at school. The move comes just two days after Gov. Chris Christie (R) signed into law a bill requiring school districts to adopt such policies.

Drug Policy

Senate Drug Caucus to Hold Hearing on Border, Mexican Anti-Drug Assistance Next Week. The Senate Caucus on International Narcotics Control will hold a hearing to examine drug trafficking across the Southwest border on Tuesday. The hearing will focus on the increase in illicit narcotics crossing the Southwest Border, the cartels profiting from this activity, and the nature and effectiveness of U.S. counternarcotics assistance to Mexico in reducing this flow, combatting corruption, and strengthening the rule of law.  The following witnesses have confirmed that they will attend: Mr. Michael Botticelli, Director, Office of National Drug Control Policy (ONDCP); Ambassador William Brownfield, Assistant Secretary of State for International Narcotics and Law Enforcement Affairs (INL); Mr. Jack Riley, Acting Deputy Administrator, Drug Enforcement Administration (DEA); and Todd Owen, Assistant Commissioner Office of Field Operations, U.S. Customs and Border Protection (CBP)

International

 

. Former coca grower union leader President Evo Morales has announced that a coca leaf liquor, Cocablue, is the official drink of the presidential palace. Every bottle of Cocablue (111° proof) liqueur contains 69 grams of coca leaf extract that has been decocainized and is distilled five times. One vintage is released every year and each bottle is recorded, signed and numbered. The Mayan blue colorr is said to be a natural by-product of an artisanal handcrafting technique.

Chronicle AM: Petition to Fire DEA Head Gains Traction, Colombia OKs Medical Marijuana, More (11/12/15)

There are now more than 27,000 signatures on a petition asking President Obama to fire DEA head Chuck Rosenberg over his medical marijuana comments, Denver thinks a thousand pot shops is enough, Colombia will allow medical marijuana, and more. 

Coca and cocaine production is on the upswing in Colombia. (deamuseum.org)
Marijuana Policy

ResponsibleOhio Isn't Going Away. The group behind this month's defeated marijuana "monopoly" legalization initiative isn't going quietly into that long good night; instead, ResponsibleOhio is now trying to craft an initiative that can actually win. The group seems to understand that its plan to limit commercial grow opportunities and its bud-headed mascot, Buddie, were real turn-offs.

Denver Moves Toward a Moratorium on New Pot Shops. The city is proposing changes to its marijuana ordinances that would effectively halt new marijuana stores from opening for the next two years. The city currently has more than a thousand licensed operations, and that's enough, city officials said. "We have enough marijuana in Denver," said Ashley Kilroy, Denver's executive director of Marijuana Policy. "Basically, we’re saturated." The only exceptions would be some 85 medical marijuana businesses that were licensed in 2013.

Medical Marijuana

Petition to Fire DEA Head for Calling Medical Marijuana "A Joke" Now Has 16,000 Signatures. People so inclined can add theirs here. Actually, the petition now has some 27,000 signatures, having gained 11,000 more since the linked story was published yesterday.

Kansas City Hospitals Deny Cannabis Oil to Epileptic Patients. That's Kansas City, Missouri. The state passed a law last year allowing for such use, but no hospitals in the Kansas City area will allow their doctors to write a recommendation. The hospitals cite lack of standardized dosages for children and concerns about side-effects and interactions with other medications. Children's Mercy Hospital in Kansas City will start a study on cannabis oil for epileptic patients next year, but has no plans to widely recommend it. On the other side of the state, the Comprehensive Epilepsy Care Center in St. Louis does allow doctors to write recommendations.

Asset Forfeiture

Ohio Prosecutors Lobby Against Asset Forfeiture Reform. County prosecutors from across the state lined up Wednesday to testify against House Bill 347, which would eliminate asset forfeiture without a criminal conviction. They called the tactic "a vital tool" in going after drug traffickers during a hearing of the House Judiciary Committee. Click on the link for more flavor.

International

Colombia Will Allow Medical Marijuana. Colombian Justice Minister Yesid Reyes said today that the country plans to legalize the production and sale of medical marijuana. Legalization will only apply to medical and scientific uses of the plant, he clarified. Pot possession is already legalized under Colombian Supreme Court rulings, but this move will allow for commercial medical production.

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South Dakota Law Can Get You Busted for Using Marijuana in Another State [FEATURE]

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

South Dakota's Flandreau Santee Sioux Tribe announced over the weekend that it was suspending operations on its marijuana resort set to open on New Year's Eve and that it had burnt its pot crop. The tribe said it was seeking "clarification" from the Justice Department to ensure "the continued success of the marijuana venture."

The move comes as at least three other Indian tribes that have embarked on marijuana operations after the Justice Department seemingly gave them a green light last year have been raided by the DEA, a Justice Department agency. At this point, Indian tribes have reason to be nervous about what the federal stance really is.

But the Flandreau pot operation also drew fast and intense opposition from the state's Republican political establishment and law enforcement figures. And that opposition has brought renewed attention to one of the most bizarre state marijuana laws in the land, South Dakota's "internal possession" law.

As Republican state Attorney General Marty Jackley warned -- twice -- when the tribe announced its plans in June, "South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian country; (2) all persons, including tribal members, outside of Indian Country."

The sheriff and prosecutor of Moody County, where the Flandreau reservation is located, reiterated Jackley's point.

"Bottom line," said Sheriff Troy Wellman, "if you're non-native, it's illegal for you to have marijuana in your system, regardless of whether you're on tribal ground."

"If you are a non-tribal member that goes over onto that property and ingests marijuana in any form, you are breaking the laws in the state of South Dakota," Moody County State's Attorney Paul Lewis added.

If you do this in Denver, it get could get you busted in Deadwood.
They're not kidding. Under a state law passed in 2001 and upheld by the state Supreme Court in 2004, you can be arrested, tried, and convicted for having marijuana in your system, even if you ingested it in another state or country (or Indian reservation).

Someone who legally smokes marijuana in Colorado and then drives across the prairie to South Dakota can be charged with the crime of having smoked marijuana elsewhere. It's the same for medical marijuana patients in states bordering South Dakota. Someone who holds a Minnesota or Montana medical marijuana card, uses his medicine, and then travels to South Dakota can be charged with the crime of having medicated where it is legal.

Here is the law:

22-42-15. Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.

A Class 1 misdemeanor in South Dakota is punishable by up to a year in jail and/or a $2,000 fine. That's the same penalty as for simple marijuana possession.

Note that the law specifically allows for prosecuting people for internal possession either where they ingested the substance or where it was detected.

It's not that the cops in South Dakota are randomly accosting passersby and demanding they submit to drug tests -- probable cause is needed -- but what typically happens is that someone is arrested and police then intimidate him into consenting to a urine drug test during booking. The person is then hit with another criminal charge -- internal possession -- providing more leverage for prosecutors during plea negotiations.

"The cops took me downtown and said if I didn't piss for them, they'd stick something in my dick and take it by force," Huron resident Dave Johnson said of his 2003 internal possession bust. "They were going to take it forcefully -- that's what they told me. So I said okay."

That's still how it works. People being booked into jails are told they need to provide a urine test, and if they demur, they are threatened with a court order and the prospect of forced drug testing. Of course, consenting to such drug tests makes it impossible for defense attorneys to challenge them in court, but agreeing to be tested means not only is the prospect of a forced drug test avoided, but also that the defendant will likely be booked and released instead of being held until he can appear before a judge for a warrant hearing.

Get popped for pot possession in South Dakota and count on getting popped for "internal possession," too. (wikimedia.org)
"I defend a lot of drug cases," said Huron attorney Ron Volesky, "and I've defended several of these urine sample cases, but I haven't yet seen an instance where we could challenge a court order because everyone has voluntarily consented. As a practical matter, when the police pick someone up they say, 'Look, we can do it the hard way or the easy way; you can voluntarily consent because we have probable cause, or we can wake up the judge, have him sign an order, and take you down and have you catheterized.' They basically threaten you," said Volesky.

While South Dakota residents are the most frequent victims of the state's internal possession law, it could happen to anyone, especially visitors unaware of the law. And they don't even have to get arrested for something to face a possible prosecution. Imagine you're a medical marijuana patient visiting Rapid City for a shopping trip and your car gets T-boned by a drunk driver who runs a red light. Hospitals routinely test the blood of accident victims. Congratulations, you've just become a criminal.

South Dakota, where you can get busted for something you did legally elsewhere. Probably not a slogan the state tourism board is going to select anytime soon.

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