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Chronicle AM: N. Am. Illegal MJ Market $50+ Billion, AR/ND/ MedMJ Delay Bills, More... (1/18/17)

A new report finds illegal weed is a $50 billion business in North America, Denver begins working on its "social use" ordinance, state legislators move to slow the implementation of medical marijuana, and more.

Marijuana Policy

Estimate Puts Size of North American Pot Market at More Than $50 Billion. A new report from the Arcview Market Research group puts the size of the North American legal marijuana market at $6.9 billion, which is overwhelmed by the $46.4 billion dollar illicit market. Black market marijuana is bigger than wine, which comes in at $38 billion.

States' Effort to Undo Colorado Pot Law Revived. A panel of judges from the 10th US Circuit Court of Appeals in Denver heard arguments Tuesday in a case brought by the states of Nebraska and Oklahoma against Colorado's marijuana law. The hearing suggested judges were open to considering RICO charges against dispensary operators and marijuana cultivation operations. Any decision on the case could take months.

Nevada Governor Announces 10% Excise Tax on Recreational Marijuana. In his final budget speech, Gov. Brian Sandoval (R) announced a 10% excise tax on pot to help support his new budget, which is up 10% from last year's. There's already a 15% is already in place for wholesale purchases, and dispensary operators worry that additional taxes could make the black market stronger.

Denver Begins Work on Allowing Pot Use in Clubs, Other Businesses. A working group of Denver business owners, city regulators, and marijuana foes met together Wednesday to begin crafting regulations to implement the city's voter-approved "social use" ordinance, which will allow clubs, coffee shops, yoga studios, and other businesses to allow marijuana consumption on premises. There is no deadline for finalizing the rules, but advocates hope the city will start accepting applications by the summer.

Medical Marijuana

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. State health officials released draft rules Tuesday for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Law Enforcement

LEAP Changes Its Name, But Not Its Acronym. The drug reform police group Law Enforcement Against Prohibition (LEAP) has now changed its name to the Law Enforcement Action Partnership. "For more than a year, our board and staff have been hard at work to expand into the broader field of criminal justice reform while maintaining a keen focus on our drug policy work. Not only will this expanded scope be a natural fit for our speakers' criminal justice expertise, but it will also help us to become even more effective at moving the drug policy reform conversation forward. And, when you care about something, you want it to be the best it can be. With the right criminal justice reforms, we can do better, for ourselves and for our communities. Our new name reflects the core of our organization," the group said.

New Mexico Bill Would Expand DUI to Include Drugs. Rep. William Rehm (R-Albuquerque) has filed a bill that would target "drugged driving" by setting blood concentration levels similar to those for alcohol for five drugs: marijuana, cocaine, heroin, amphetamine, and methamphetamine. The measure is House Bill 22. But the Drug Policy Alliance, which has opposed similar bills in the past, is raising concerns about this one as well, saying it puts tens of thousands of medical marijuana patients at risk of arrest by setting THC limits unsupported by scientific research.

Medical Marijuana Update

A study finds medical marijuana associated with a decline in traffic fatalities, the Arizona courts stick up for medical marijuana, changes in state law will have impacts in Colorado and Oregon, and more.

National

On Monday, a study found that states with medical marijuana laws see a decline in traffic deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Arizona

Last Wednesday, a prosecutor said he will appeal a ruling telling him not to obstruct medical marijuana businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Last Thursday, the appeals court ruled that the state must prove patients were actually impaired before convicting them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Colorado

As of next Sunday, caregiver plant limits will drop dramatically. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Kansas

On Tuesday, a federal judge threw out a medical marijuana mom's lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Oregon

As of this coming Sunday, dispensaries will go back to selling only to patients. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Pennsylvania

Last Wednesday, regulators announced an initial round of planned dispensary permits. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

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

Chronicle AM: OR Dispensaries Patient Only, Only Pure Cocaine Weight for OH Sentences, More... (12/26/16)

A new study finds that traffic fatalities decline in medical marijuana states, the Ohio Supreme Court rules that only the weight of pure cocaine -- not filler -- can be used in sentencing determinations, the Republic of Georgia walks away from jailing pot smokers, and more.

Starting next week, Oregon pot buyers will need a patient card if they want to buy at dispensaries. (Creative Commons/Wikimedia)
Medical Marijuana

Study: States With Medical Marijuana Laws See Decline in Traffic Deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Oregon Dispensaries Go Back to Selling Only to Patients Next Week. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Sentencing

Ohio Supreme Court Rules Cocaine Sentences Must Be Based on Weight of Cocaine, Not Filler. In a decision that could reopen the sentencing of people who were sent to state prison for possessing more than a hundred grams of cocaine, the state Supreme Court has ruled that sentences must be based on the amount of pure cocaine suspects had, not the entire amount of suspected drugs. "The state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold," Justice Judith Ann Lanzinger wrote for the 4-3 majority. The decision was based on the legislature's 1995 and 2011 rewriting of the state's drug laws, which defined cocaine as a drug by itself without adding any "mixture."

International

Georgia Constitutional Court Strikes Down Jail for Marijuana Possession. The Constitutional Court ruled last Thursday that possession and consumption of marijuana is no longer a jailable offense. "The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, storage and product on, are unconstitutional," it said in a statement. The ruling came in response to a lawsuit filed by the Public Defender's Office, which called imprisoning people for pot "irrelevant, too strict, and degrading." Marijuana possession was not a criminal offense in Georgia until 2006, when then President Mikheil Saakashvili launched an anti-drug campaign. Last year, the Constitutional Court struck down a law that imposed a prison sentence of up to 12 years for possession.

Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Chronicle AM: Congressional Cannabis Caucus, Hemispheric Drug Policy Study Passes, More... (12/12/16)

A bipartisan effort to goose federal marijuana reforms is underway, a bill that would establish a hemispheric drug policy review heads for the president's desk, the Israeli anti-drug body makes a surprise move, and more.

Rep. Earl Blumenauer (D-OR) is a founding member of the new congressional cannabis caucus. (wikimedia.org)
Marijuana Policy

Congressional Cannabis Caucus Created. Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR) have announced the formation of a congressional cannabis caucus to speed the passage of federal marijuana reform legislation. Another Republican, Rep. Thomas Massie (R-KY) will likely emerge as a spokesman for the caucus, which will begin meeting next month.

Drug Policy

Congress Passes Bill to Reassess Hemispheric Drug Policy. The Western Hemisphere Drug Policy Commission Act (HR1812) has passed the Congress and now heads to the president's desk. The bill sponsored by Rep. Elliot Engel (D-NY) was folded into the State Department appropriations bill. "Over the last few decades, we've spent billions and billions of taxpayer dollars on counter-narcotics programs in Latin America and the Caribbean," said Engel. "The Western Hemisphere Drug Policy Commission will force us to take a fresh look at our drug policy and make sure we have the best strategy moving forward. We need to have an honest assessment of what has worked and what has failed as we consider how to spend our counter-narcotics dollars in the future. With heroin use on the rise here at home, our children deserve no less than a fair evaluation of our drug policy."

Study Slams Virginia Drivers' License Suspensions for Drug Convictions. Under a law dubbed "a relic of the drug war," some 38,000 Virginians lose their driving privileges each year, not for traffic offenses, but for any drug conviction, including the possession of small amounts of marijuana. A new study from the Prison Policy Institute contends that the law is counterproductive, threatens public safety, and unnecessarily burdens low income offenders by limiting their ability to get or keep a job, pay fines, and cover expenses like child support.

International

Colombia President Accepts Nobel Peace Prize, Slams Drug War. President Juan Manuel Santos was awarded the prize for his critical role in overseeing lengthy peace negotiations with FARC rebels that have now resulted in an accord ending the world's longest-running civil war. In his acceptance speech Saturday, he reiterated his call for a "rethink" of the war on drugs, saying "Colombia has been the country that has paid the highest costs in deaths and sacrifices. He also suggested that changing policies in the US make it unreasonable to prosecute the drug war in Colombia. "It makes no sense to imprison a peasant who grows marijuana, when nowadays, for example, its cultivation and use are legal in eight states of the United States," he said.

Israel's Anti-Drug Body Reverses Itself, Calls for Drug Decriminalization. In a surprise move, the Israel Anti-Drug Authority told the Knesset's Special Committee on Drug and Alcohol Abuse that it supports the "Portugal model," where drug use and possession is decriminalized and treated as a public health issue and called for the decriminalization of up to 25 grams of marijuana. Reform foe Public Security Minister Gilad Erdan is expected to object strenuously.

Chronicle AM: MA Init Leads in New Poll, Iran Ponders End to Drug Death Penalty, More... (10/6/16)

We have Massachusetts legalization news today, Wisconsin Gov. Scott Walker gets slapped down in his bid to drug test food stamp applicants, Iran's parliament ponders ending the death penalty for drugs, and more.

It looks like another bumper opium harvest next spring in Afghanistan. (unodc.org)
Marijuana Policy

Another Massachusetts Poll Has Legalization Initiative Winning. A new Western New England University Polling Institute poll has the Question 4 leading a month out from election day. The poll had support at 55% among all registered voters, with 39% opposed. When it came to likely voters, the initiative's lead shrunk slightly, with 52% in support and 42% opposed.

Massachusetts ACLU Report Highlights Continuing Racial Disparities in Marijuana Arrests. Even after decriminalization, people continue to get arrested for marijuana offenses, especially if they're black, a new ACLU report has found. Black Massachusetts residents were 3.3 times more likely to get popped for pot than white ones even though they use it at the same rate. For marijuana sales offenses, the disparity was even more striking: Blacks were 7.1 times more likely than whites to get busted for peddling pot. "Racial disparities are a disturbing feature of our current marijuana policy. Black people are arrested for marijuana possession at 10 times the rate of white people in some counties -- despite the fact that black people and white people use marijuana at the same rate," ACLU Racial Justice Director Rahsaan Hall says in a prepared statement. "Taxing and regulating marijuana is an important step towards reducing the harm that current policies cause to people of color, particularly Black people, and it will generate hundreds of millions of dollars in tax revenue that can be reinvested in our communities."

Drug Testing

Federal Court Rejects Wisconsin's Bid to Drug Test Food Stamp Applicants. A federal judge in Washington has rejected a challenge from Gov. Scott Walker (R) to a federal law that blocks states from drug testing food stamp applicants. Walker had challenged the policy last year as he launched a doomed presidential bid, but the federal judge ruled that Wisconsin filed its complaint too soon, before it had actually implemented the policy, and without giving the Obama administration a chance to formally reject it.

International

Afghan Opium Production Expands to Near Record Levels. The UN Office on Drugs and Crime (UNODC) reported Wednesday that opium production this year to one of the highest levels on record. Illicit cultivation has expanded to nearly half a million acres, making it one of the biggest years for poppy since 1994, when the UNODC began estimating the crop size. The all-time record is about 600,000 acres, reported in 2014.

Iraqi Forces Burn ISIS Opium Poppy Crop. Iraqi security forces Wednesday burned a four square acre field planted with opium poppies belonging to ISIS in Salahuddin province. The move was described as an effort to cut ISIS financing through the opium and heroin trade. Iraqi officials said ISIS used laboratories at Mosul University to process the raw opium into heroin.

Iran Moving to End Death Penalty for Drug Offenses. One of the world's leading drug executioners may be about the change its ways. A bill that would end capital punishment for drug trafficking now has the support of a majority in the parliament. If the parliament actually approves the bill, it would have to be ratified by the Guardian Council of Islamic jurists, which has opposed any relaxation of the country's death penalty regime. But executing drug smugglers "will not benefit the people or the country," said Yahya Kamalpur, deputy head of the parliamentary legal and judicial committee. Parliament "wants to eliminate the death penalty for criminals who [smuggle narcotics] out of desperation" and replace it with long prison sentences or hard labor. We are after a scientific and not emotional solution in confronting drug smugglers," he said.

Danes to Consider Bill Easing Marijuana-Impaired Driving Rules. A bill filed in the parliament this week would the country's zero tolerance policy toward drivers with marijuana in their systems in favor of a "stepladder" approach in which the penalty for driving while impaired would depend on the level of marijuana in the driver's system. Under current law, driving with marijuana in one's system can result in the loss of a driver's license for three years. That's too much for bill sponsor Jan Jorgensen of the Liberal Party. "You can actually drive pretty well, even after having smoked hash. There is obviously a limit to how much, but we believe a minimum threshold should be introduced now," he said. "The problem is that we have punished a lot of people who have not been of any danger to traffic at all, simply because they might have smoked marijuana a fortnight ago, and it still could be measured in the blood."

Chronicle AM: LA Times Endorses Prop 64, Urgent Action Time on Kratom, More... (9/19/16)

Donations are starting to flow for and against reform initiatives, California's largest newspaper endorses marijuana legalization, so do Italian cops, a new study suggests medical marijuana may reduce opioid-related auto fatalities, it's time to act to keep kratom off Schedule I, and more.

Marijuana Policy

Dr. Bronner's Kicks In $660,000 for Legalization Initiatives. The magic soap and organic products maker -- and longtime drug reform supporter -- Dr. Bronner's had pledged to contribute at least $660,000 to the initiatives in Arizona, California, Maine, Massachusetts, and Nevada. "The expected sweep of these states will exert enormous pressure on federal lawmakers to end the racist outdated policy of cannabis prohibition, that shreds productive citizens' lives and families for no good reason, and focus law enforcement resources instead on actual crime," officials for Dr. Bronner's said in an announcement released Monday.

Los Angeles Times Endorses Prop 64. California's largest newspaper has hopped on board the legalization bandwagon with an editorial endorsing the Prop 64 initiative. Saying that "the federal government has effectively ceded its role and left it to the states to create a new national marijuana policy," the Times editorial board asks if it is time "to treat marijuana less like heroin and more like alcohol" and answers its own question in the affirmative. "On balance, the proposition deserves a 'yes' vote. It is ultimately better for public health, for law and order and for society if marijuana is a legal, regulated and controlled product for adults. Proposition 64 -- while not perfect -- offers a logical, pragmatic approach to legalization that also would give lawmakers and regulators the flexibility to change the law to address the inevitable unintended consequences."

Massachusetts Legalization Supporters Celebrate With Big Freedom Rally Turnout. Thousands of people turned out for the annual Boston Freedom Rally this weekend, jazzed by the prospect of being able to vote "yes" on the Question 4 legalization initiative in November.

Mississippi Legalization Initiative Campaign Gearing Up. A measure known as Initiative 60, which would legalize marijuana for people 21 and over, has been approved for signature gathering in Mississippi. To make it to the 2018 ballot, organizers will need roughly 86,000 valid voter signatures, with at least 17,000 from each of the state's five congressional districts. They have one year for signature-gathering.

Medical Marijuana

Study of Fatal Car Crashes Suggests Medical Marijuana May Curb Opioid Use. A study conducted at Columbia University's Mailman School of Public Health has found that fewer drivers killed in car crashes tested positive for opioids in medical marijuana states than before those laws went into effect. The findings will be published online in the American Journal of Public Health.

Florida Medical Marijuana Foes Get a Million Dollars From Sheldon Adelson.Las Vegas casino magnate and conservative philanthropist Sheldon Adelson is again attempting to sway Florida voters away from approving medical marijuana. In 2012, Adelson spent $5.5 million to help defeat the initiative; this year, he has recently kicked in another one million.

Nine out of Ten Montana Medical Marijuana Patients Have No Legal Provider. With the GOP-led legislature's 2011 gutting of the state's medical marijuana program now in effect, 93% of the state's more than 12,000 registered patients have no registered provider. That means unless they can grow it themselves, they are out of luck. An initiative that would restore the state's medical marijuana program, I-182, is on the November ballot.

Kratom

It's Urgent Action Time to Fight DEA's Proposed Kratom Ban. The American Kratom Association is asking supporters to urge their congressional representatives to sign onto a bipartisan "Dear Colleague" letter asking the DEA to slow down the process of placing the herb on Schedule I of the Controlled Substances Act. The group is urging supporters to call or email their reps BEFORE 5:00 PM ET TUESDAY.

Sentencing Reform

Federal Sentencing Reform Dead for the Year. Efforts to further reform federal drug sentencing in this congressional session are dead, congressional leaders said late last week. While the consensus legislation appeared set to pass earlier this year, opposition from some Republican lawmakers has killed it. Some Republicans opposed cuts in mandatory minimums, others were angry at President Obama for freeing so many federal drug prisoners, and the "law and order" campaign of Donald Trump seems to have been the final nail in the coffin.

International

Italy's Largest Police Union Calls for Marijuana Legalization. The SIULP, Italy's primary police union, has now come out in support of legalization. A bill to do just that is currently before the Italian parliament, with growing support.

Governor of Mexico's Guerrero State Again Calls for Legalization of Opium Production. Guerrero Gov. Hector Astudillo has again called for the legalization of poppy production for medicinal purposes. "We must look for other paths that bring about less tension, less conflict, and less violence," he said as he reiterated a call first made in March. Guerrero is one of the centers of opium production in Mexico, and production is increasing as local farmers switch from coffee to poppy due to low coffee prices.

Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Incarceration

Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

International

Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

License Plate from a Marijuana State? That's No Reason to Stop and Search, Fed Court Says

Drivers from pot-friendly West Coast states have long complained of "license plate profiling," claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation's east-west interstate highways pull them over on pretextual traffic stops -- going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane -- because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical marijuana state around 2008 (and ever more so since it legalized weed in 2012), drivers bearing the state's license plates have been complaining of getting the same treatment. The practice is so common and well-known along the I-80 corridor in Nebraska that Omaha lawyers advertise about it.

Now, one Colorado driver has managed to get something done about it. Peter Vasquez sued a pair of Kansas Highway Patrol officers over a stop and search on I-70 that turned up no drugs and resulted in no arrest, and on Tuesday, a federal appeals court vindicated him.

On a 2-1 vote, the 10th US Circuit Court of Appeals in Denver ruled that the two troopers violated Vasquez's constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source."

Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana.

"It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

And the troopers didn't really have much other basis for suspicion, the court noted. The troopers said their basis was that Vasquez was driving alone, at night, on a "drug corridor," from "a known drug source area," he had a blanket and a pillow in his car, the blanket might have obscured something, and he seemed nervous.

"Such conduct, taken together, is hardly suspicious, nor is it unusual," Lucero noted.

Vasquez was originally pulled over because the troopers "could not read Vasquez's temporary tag," and when that issue was dealt with, they issued him a warning ticket. What the law required, the court said, was that the troopers then end their contact with him and allow him to go on his way.

But instead, they asked him to submit to a search of his vehicle, and he declined. They then detained him for 15 minutes until a drug dog could be summoned -- another drug war tactic the US Supreme Court deemed unconstitutional in April. The drug dog found nothing, and Vasquez was then released.

The troopers may have been done with Vasquez, but he wasn't done with them or what he saw as their unlawful conduct. He filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures.

The case had been thrown out in federal district court, but Tuesday's decision revives it. It also sets legal precedent for the entire 10th Circuit, meaning that cops in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming can't pull you over and search you just because you have a pot-state license plate.

Kansas officials say they plan to appeal to the 10th Circuit's full bench, though, but for now, at least, it's the law.

Denver, CO
United States

Chronicle AM: AR MedMJ Makes Ballot, Roadside Drug Tests Send Innocent to Jail, More... (7/7/16)

Arkansas will join Florida in voting on medical marijuana in November, California's Prop 64 legalization initiative just got another $1.25 million from Sean Parker, a major investigative report finds that police field drug tests are shoddy, unreliable, and are sending innocent people to jail and prison, and more.

Cheap police field drug tests are unreliable and send innocent people to jail, a major investigative report has found.
Marijuana Policy

Alaska Governor Signs Bill for National Criminal Background Checks on People Seeking Marijuana Business Licenses. Gov. Bill Walker (R) has signed into law Senate Bill 165, which will allow state regulators to send fingerprints acquired as part of the application process for marijuana business licenses to the state Department of Public Safety and FBI. Until now, regulators have been issuing licenses based on the applicant's sworn certification he does not hae a disqualifying criminal history.

Sean Parker Kicks in Another $1.25 Million for California Prop 64 Legalization Initiative. Former Facebook president and tech sector billionaire Sean Parker has just doubled his contribution to the Prop 64 campaign. Parker donated $1.25 million, bringing his total contributions so far to $2.5 million.

Medical Marijuana

Arkansas Medical Cannabis Act Qualifies for November Ballot. Arkansans for Compassionate Care (ACC) has collected enough valid voter signatures to qualify its medical marijuana initiative for the November ballot, Secretary of State Mack Martin confirmed Tuesday. A second initiative, the Arkansas Medical Marijuana Amendment, has yet to qualify for the ballot, and ACC is calling on its organizers to end their campaign and join forces.

California: San Bernardino Initiative to Allow Dispensaries Will Go to Voters. The city council voted Tuesday night to put a dispensary regulatory system before the voters in November, even though a majority disapproves of it. Their hand was forced by a petition campaign that gathered more than 6,000 voter signatures. A second, competing proposal may also make the ballot.

California: Long Beach to Vote on Allowing Dispensaries. City Clerk Maria de la Luz Garcia announced Tuesday that an initiative to allow dispensaries has qualified for the November ballot. A city council member may try to add another ballot measure that would allow dispensaries, but with more restrictions.

Drug Testing

Roadside Drug Tests Are Sending Innocent People to Jail. In a major investigative piece, Pro Publica and the New York Times Magazine have collaborated to examine the pervasive use of cheap drug field tests by law enforcement and have found that the test generate huge numbers of false positives, resulting in innocent people being jailed and wrongfully convicted of drug charges. Faced with possible prison sentences, many pleaded guilty to lesser charges despite being innocent of any crime.

International

Uruguay Marijuana Consumer Licensing System About to Get Underway. This month, Uruguay will begin signing up pot smokers to buy marijuana from state-licensed pharmacies in the world's first scheme for state-licensed production and sale of the herb. The first crop is being harvested and should be available for sale by mid-August.

Drug War Issues

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