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Chronicle AM: VT Senate Votes to Legalize Marijuana, DC Pot Arrests Plummet, More... (2/25/16)

The Vermont Senate passes marijuana legalization, DC enjoys the benefits of legalization, Pennsylvania will finally get a vote on medical marijuana, and more.

Legalization advances at the statehouse in Montpelier. (Wikimedia Commons)
Marijuana Policy

Vermont Senate Votes to Legalize Marijuana. The state Senate today voted 17-12 today to approve a bill that would end marijuana prohibition in the state and replace it will system of taxation and regulation. The vote today was the second Senate vote this week to approve the bill, which will now go to the House for consideration. The measure, Senate Bill 241, would allow people 21 and over to possess up to an ounce of marijuana, but not to grow it after some powerful lawmakers said that provision would be a deal-breaker. Instead, the bill now contains a provision to create a study commission to examine home cultivation and the issue of edibles, which are also not allowed. The bill also envisions a system of tightly regulated commercial marijuana cultivation, testing, and distribution, which would include licensed retail marijuana outlets.

DC Marijuana Arrests Plummet in Year After Legalization. On Friday, the District celebrates a year of marijuana legalization, and one of the things it's celebrating is a dramatic decrease in people being sucked into the criminal justice system for pot. Overall, marijuana arrests declined 85% from 2014 to 2015, and pot possession arrests declined by an amazing 98%, from 1,840 in 2014 to only 32 in 2015.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get House Vote. A long stalled medical marijuana bill will get a House vote after House Majority Leader Dave Reed (R-Indiana County) agreed to quit holding up the measure. The move prompted a supportive statement from Gov. Bill Wolf (D), who said, "I support the legalization of medical marijuana and I believe it is long past time to provide this important medical relief to patients and families across the commonwealth… It is time to legalize medical marijuana because we should not deny doctor-recommended treatment that could help people suffering from seizures or cancer patients affected by chemotherapy. I urge quick action by the legislature to legalize medical marijuana."

Georgia House Committee Expands Qualifying Conditions. The House Judiciary Non-Civil Committee Wednesday approved adding seven medical conditions to the state's CBD cannabis oil program. Included are autism, post-traumatic stress disorder, and HIV or AIDS, among others. The bill, House Bill 722, now goes to the House Rules Committee. But bill sponsor Rep. Allen Peake (R-Macon) isn't so pleased -- the bill was designed to allow cultivation of CBD cannabis oil in the state, but that provision was gutted in committee.

Asset Forfeiture

US Senator Kelly Ayotte Files Bill to Restore Asset Forfeiture Funding for Cops. Sen. Ayotte (R-NH) Wednesday filed Senate Bill 2576, which would require the federal government to recommence distributing funds from the Justice Department's Asset Forfeiture Program. The Justice Department turned off the asset forfeiture spigot last year, and state and local law enforcement agencies have lost nearly $1.2 billion they would have used for drug investigations.

Wyoming Asset Forfeiture Reform Bill Passes Legislature. The House Wednesday gave unanimous final approval to Senate File 46, which would reform -- but not end -- civil asset forfeiture. It requires law enforcement officials to consult with the attorney general on whether to proceed with forfeiture and a hearing before a judge within 30 days. It also shifts the burden of proof to the government to show there is "clear and convincing" evidence the property was involved in a crime. Gov. Matt Mead (R) last year vetoed a bill to end civil asset forfeiture, and similar legislation this year went nowhere.

Drug Testing

Michigan Driver Drug Testing Bill Stirs Opposition. A bill that aims to set up a pilot program allowing state police to conduct roadside saliva testing for marijuana, cocaine, heroin, and other drugs has passed the Senate, but is stirring opposition as it moves through the House. The bill, Senate Bill 434, is "bad science" and would set a "dangerous precedent," said criminal defense attorney Neil Rockind. "A pilot program is a test program and, in this case, treats people as guinea pigs to be studied," he said. "People are not guinea pigs. No citizen should be the subject of a test program when their liberty and way of life are on the line." The bill is currently before the Michigan House Judiciary Committee.

Chronicle AM: MPP Eyes OH MedMJ Init, MD Solons Override Paraphernalia Veto, More... (1/21/16)

The state legislative season is now underway and marijuana-related bills are popping up in various states, Michigan ponders roadside drug testing bills, Canada's Tories bow before the inevitability of marijuana legalization, and more.

Marijuana is on the legislative agenda in states around the country. (wikimedia.org)
Marijuana Policy

Kansas Legislators Hold Hearing on Decrim, Hemp, and Medical Marijuana Bill. The Senate Corrections and Juvenile Justice Committee met Wednesday to hear testimony on House Bill 249, which would reduce penalties for pot possession, allow the limited use of medical marijuana, and allow for a pilot project on hemp production. The measure has already passed the House.

Maryland Legislature Overrides Veto of Pot Paraphernalia Decrim. Both the House and the Senate voted today to override Gov. Larry Hogan's (R) veto of Senate Bill 517, which fixed an oversight in the state's decriminalization law. The bill removes criminal penalties for the possession of pot paraphernalia, which the original decrim bill failed to do.

Medical Marijuana

Marijuana Policy Project Eyes Ohio Medical Marijuana Initiative. MPP said Wednesday it plans to put a medical marijuana initiative on the 2016 ballot. The initiative would take the form of a constitutional amendment, but has not yet been drafted.

Utah "Whole Plant" Medical Marijuana Bill Filed. Sen. Mark Madsen (R-Saratoga Springs) has introduced Senate Bill 73, which would create a full-fledged medical marijuana system in the state. The bill would only allow marijuana to be consumed in the forms of oils and gummies, not smoked. Another bill already filed would allow only cannabidiol.

Industrial Hemp

Missouri Hemp Bill Hearing Turns Into Debate About Possibility It Could Lead to Pot Legalization. It was supposed to be a debate about establishing a pilot program for industrial hemp production, but the discussion of Senate Bill 584 quickly devolved as representatives of law enforcement said that while they didn't oppose the bill, they feared it be the camel's nose under the tent for pot legalization. "It is no secret that many would look at a bill such as this as the first step to legalizing marijuana," said St. Charles County Prosecuting Attorney Tim Lohmar. No vote was taken on the bill. Similar legislation passed the House last year, but never got a Senate vote.

Drug Testing

Indiana Unemployment Drug Testing Bill Hits Snag. The Senate Pensions and Labor Committee heard an unemployment drug testing bill, Senate Bill 245, but took no vote on it after the committee chairman said it "needs some more work." The bill sponsor, Sen. Jon Ford (R-Terre Haute) was unable to say how many people would be drug tested or produce any supporting data for the bill other than to say that employers in his district tell him they can't get people to take drug tests.

Michigan Bills Would Allow Roadside Drug Testing. A pair of bills, Senate Bill 207 and Senate Bill 434 would create a pilot program for roadside drug testing. The latter would authorize State Police to create a pilot program, while the former would authorize officer who are certified drug recognition experts to require drivers to submit to drug tests.

International

Scientists Call for New Approach to Evaluating Illicit Drug Policy. In an open letter released by the International Centre for Science in Drug Policy (ICSDP), scientific experts from around the globe called on governments to align illegal drug policies with community concerns -- not on reducing the availability of illicit drugs. The move comes as part of the run-up to the UN General Assembly Special Session on Drugs, set for April.

Canada's Tories See the Writing on the Wall for Marijuana Legalization. Liberal Prime Minister Justin Trudeau has vowed to legalize marijuana, and Canada's Conservative Party seems to realize it can do nothing to stop it. "The new government will legalize marijuana," Rona Ambrose, interim leader of the Conservative Party of Canada, said in a radio interview on Wednesday. "We know that."

Chronicle AM: El Chapo Captured, ME Gov's Race-Tinged Remarks Draw Outrage, More... (1/8/16)

Mexican authorities have recaptured the fugitive head of the Sinaloa Cartel, Maine's Tea Party governor goes racial on drugs, while other New England states move toward drug reforms, and more.

Joaquin "El Chapo" Guzman, head of the Sinaloa Cartel, arrested today in Mexico
Medical Marijuana

Missouri Medical Marijuana Initiative Approved for Signature Gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

Asset Forfeiture

New Hampshire House Passes Asset Forfeiture Reform. The GOP-controlled House Thursday approved a bill that would divert money garnered through civil asset forfeiture away from law enforcement and into the state's general fund. The bill would also require a criminal conviction before seized property can be permanently forfeited and it would provide protections for "innocent owners." The bill is House Bill 636. It now goes to the Senate.

Drug Policy

Maine Governor Says Black Out-of-State Drug Dealers Are "Impregnating Young White Girls." During a town hall meeting on Wednesday night, Gov. Paul LePage (R) was asked about how he was tackling substance abuse in Maine. What was his response? "These are guys with the name D-Money, Smoothie, Shifty -- these types of guys -- they come from Connecticut and New York, they come up here, they sell their heroin, they go back home." He then elaborated: "Incidentally, half the time they impregnate a young white girl before they leave, which is a real sad thing because then we have another issue we have to deal with down the road." He is catching lots of flak for his comments.

Massachusetts House Votes to Repeal Mandatory Driver's License Suspension for Drug Offenders. The House voted Thursday to repeal a state law mandating automatic driver's license suspensions for people convicted of drug offenses -- whether they were driving or not. About 7,000 people have their licenses suspended for drug offenses each year, imposing significant barriers to social reentry for drug offenders. "This vote shines a bright light on our state's evolving understanding of drug policy, and emphasizes our ongoing need to advance an approach to criminal justice and drug law reform that prioritizes treatment and rehabilitation over harmful punitive measures that impede Massachusetts residents from successfully reentering and re-engaging their communities," said Rep. Tom Sannicandro, Chair of the Harm Reduction and Drug Law Caucus. The bill now goes to the Senate.

International

El Chapo Captured! Mexican President Enrique Pena Nieto announced on his Twitter feed this morning that Joaquin "El Chapo" Guzman, fugitive head of the Sinaloa Cartel had been recaptured in his home state of Sinaloa. He had escaped from a Mexican federal prison last July. That was his second prison break. He also escaped from a Mexican federal prison in 2001 and eluded capture for more than a decade. Not this time. Guzman heads what is arguably the most powerful drug trafficking organization in the world.

Chronicle AM: Drug Czar Calls Drug War a Failure, But..., New Yorkers Toke Up in Streets, More (12/15/15)

The New York Times discovers public pot smoking in its backyard, another Florida jurisdiction decriminalizes, Florida's medical marijuana program faces more delays, the drug czar calls the drug war a failure, and more.

Marijuana Policy

New Yorkers Are Smoking Pot on the Streets! The New York Times rather breathlessly reports it has discovered that "lighting up and strolling around seems increasingly common in pockets of Brooklyn, on side streets in Manhattan and in other public spaces." The newspaper cites street smokers are saying they are emboldened by legalization elsewhere in the country and by the low-key comments of the city's leaders, including the police commissioner. Public pot smoking remains an arrestable offense, but that doesn't appear to be stopping a lot of people, especially white people. White people make up less than 9% of those arrested for pot possession.

Florida's Palm Beach County Decriminalizes. County commissioners voted this morning to decriminalize the possession of 20 grams or less of marijuana. Officers can still arrest possessors, but now have the option of simply issuing them a $100 ticket instead. Miami-Dade County has already decriminalized, and so have several municipalities in the Greater Miami area.

Medical Marijuana

Florida Challenged Over Medical Marijuana Grower Licensing. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

Drug Policy

Drug Czar Calls Drug War a Failure, But Resists Calls to Legalize Marijuana. Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Michael Botticelli proclaimed the war on drugs a failure during a CBS "60 Minutes" interview. He said the "failed policies and failed practices" of the past were largely responsible for the country's mass incarceration problem. "It has been all wrong," he said. "We can't arrest and incarcerate addiction out of people. Not only do I think it's really inhumane, but it's ineffective, and it cost us billions upon billions of dollars to keep doing this." But he couldn't wrap his head around marijuana legalization, arguing that legal drugs kill half a million people a year and that legalizing would send the wrong message."So, we know that about one in nine people who use marijuana become addicted to marijuana. It's been associated with poor academic performance, in exacerbating mental health conditions linked to lower IQ," he said, adding that he fears states becoming co-dependent on "tax revenue that's often based on bad public health policy."

International

Ireland Proposes Drugged Driving Law That Could See "Completely Sober" Drivers Arrested. Transport Minister Paschal Donohoe is backing proposed drugged driving legislation that would allow for roadside drug testing of drivers and prosecution of drivers who had even inactive metabolites of drugs such as marijuana in their systems. When asked if the bill could lead to the prosecution of "completely sober" drivers, Donohoe replied, "yes." Under more questioning, he denied that prosecuting drivers who were not impaired but who had marijuana metabolites in their systems was a case of the government prosecuting drug offenses. "No, it's a road safety offense," he said.

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.

Chronicle AM: Gallup Poll: 58% for Marijuana Legalization, MI Forfeiture Reforms Signed, More (10/21/15)

The trend toward supporting marijuana legalization is becoming ever more apparent, asset forfeiture reforms become law in Michigan, but get attacked by law enforcement in Tennessee, harm reductionists call on the UN to officially release a drug decriminalization document, and more.

Truckers and other labor groups are urging the House to reject hair drug testing. (wikimedia/Veronica538)
Marijuana Policy

New Gallup Poll Has Support for Marijuana Legalization at 58%. A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. Gallup says that figure is likely to continue to increase, thanks both to younger residents being more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization. Click on the title link for our Chronicle news brief on the poll.

Asset Forfeiture

Michigan Governor Signs Asset Forfeiture Reform Package. Gov. Rick Snyder (R) Tuesday signed into law a seven-bill package aimed at beginning to rein in asset forfeiture abuses in the state. The bills don't end civil asset forfeiture, but increase the burden of proof required to seize and keep confiscated property and require law enforcement agencies to file annual reports documenting their seizure activities.

Tennessee Cops Lobby Against Asset Forfeiture Reform. Law enforcement officials Monday lobbied lawmakers to not adopt asset forfeiture reforms in the Volunteer State. Shelby County Prosecutor Steve Jones, said seizing assets to fund policing activities was "government at its best" and warned that changing the law would result in more crime. He wasn't the only one. Click on the link for more.

Drug Testing

Unions Fight Truck Driver Hair Drug Testing. The AFL-CIO's Transportation Trades Department is trying to stop a proposal that would allow hair drug testing for truck drivers. The proposal is included in a highway bill that passed the Senate in July. The union has no problem with urine testing, which has been in place since 1991, but says that hair testing is untested. "[Health and Human Services] has not approved hair specimen for use in drug tests, and no HHS-issued technical standards for hair testing exist -- and for good reason. Hair testing is not ready for primetime," the union said. The union argues that hair testing could cause positive test results from environmental exposure -- not just personal drug use.

West Virginia Lawmakers Continue to Ponder Welfare Drug Testing. Even though efforts to push through welfare drug testing have failed in the past, legislators Monday were back at it. At a hearing, state health officials told lawmakers fewer than 220 of 2,700 adults enrolled in the food stamp program were likely to use illegal drugs. The committee will continue to study the issue through the year, members said.

International

International Harm Reduction Conference Delegates Call on UN to Officially Release Leaked Drug Decriminalization Paper. More than 500 delegates at the International Harm Reduction Conference in Kuala Lumpur called on the UN Office on Drugs and Crime (UNODC) today to officially release a document proposing drug decriminalization. The paper had been leaked by Sir Richard Branson, prompting UNODC to say the paper was "not a final document." "The overwhelming support from our delegates today for the UNODC's drug decriminalization recommendations should embolden them to show brave leadership on this issue, and publish the document in its current form," said Rick Lines, head of the International Harm Reduction Association, which organized the conference.

Here Comes the Big One: The ReformCA Marijuana Legalization Initiative [FEATURE]

The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.

The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs.

"We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot," ReformCA said. "We engaged in extensive discussions with thousands of stakeholders across California, including community leaders, activists, elected officials, city and county employees and locals."

ReformCA also consulted with the California NAACP, the Latino Voters' Leagues, Law Enforcement Against Prohibition, and medical, health care and environmental groups. It took part in lengthy discussions with the Drafting Advisory Group, which includes state and national activist and industry groups, including the Drug Policy Alliance, the Marijuana Policy Project, Americans for Safe Access, the California Cannabis Industry Association, the Greater Los Angeles Collective Alliance, the Emerald Growers Association, New Approach, the Harborside Group, and the Council on Responsible Cannabis Regulation.

"We've filed our proposed initiative language based on the policy priorities and common sense reforms Californians have been asking for for six years now" and the Manatt, Phelp and Phillips Law Firm has created "an elegant policy document," ReformCA said, adding that it was crafted to comport with the guidelines laid down by pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy and to complement the statewide medical marijuana regulation scheme approved last month by the legislature.

A handful of other legalization initiatives have already been filed, and some are approved for signature gathering, but there isn't much sign that any of them have the bucks or the organization to get the job done. It takes some 365,000 valid voter signatures to qualify for the November 2016 elections, a number that means paid signature gathering at a cost that could run a million dollars or more.

And that's just to get on the ballot. With 38 million residents and some of the country's largest media markets, California is an expensive place to run an initiative advertising campaign -- as in $10 million or $20 million or more.

Let the campaign begin! (reformca.com)
There is money out there, and unlike 2010, when Richard Lee's Proposition 19 came up short, both financially and at the polls, the state's already existing legal (medical) marijuana industry looks to be gearing up to help. Earlier this year, Weedmaps.com contributed $2 million toward the cause, with half going to an initiative campaign committee that will spend it on the initiative it likes best. The other half is going to a PAC that will work to elect pro-legalization candidates. Facebook cofounder Sean Parker, who did support Prop 19, says he will probably invest in a legalization initiative, too.

But if, as expected, both the Drug Policy Alliance and the Marijuana Policy Project get behind the ReformCA initiative -- they were a teensy bit nervous last week -- that should help open the floodgates and pave the way to getting those signatures and making the ballot.

This is a first draft of the initiative, and the campaign is seeking feedback before filing a final version, but only until midnight Pacific Time this Wednesday. Here's what it will do:

  • Personal Use and Cultivation. Legalizes possession of up to an ounce by people 21 and over and allows for personal cultivation of up to 100 square feet and the possession of "the results of lawfully harvested homegrown cannabis."
  • Unlawful Acts. A $100 fine for minors possessing or sharing not more than an ounce with other minors; a $500 fine for adults providing less than an ounce to minors, for minors who possess more than an ounce but less than a pound, for adults who possess more than an ounce, for public consumption, and for smoking up in a moving vehicle; either a misdemeanor or infraction (prosecutor's choice) for possessing more than a pound, selling more than an ounce but less than a pound, growing marijuana beyond 100 square feet without a license or as a minor; a felony for providing pot to minors under 18, distribution to other states, growing on federal or state protected lands, or engaging in violence.
  • Driving. No measuring metabolites. Instead: "A person shall be deemed to be under the influence of cannabis if, as a result of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle or operate a vessel with the caution of a sober person, using ordinary care, under similar circumstances. This standard shall be the sole standard used in determining driving under the influence allegations."
  • Employment. Does not affect employers' ability to fire employees for marijuana use.
  • Medical Marijuana. With limited exceptions, "does not infringe upon the protections granted under the Compassionate Use Act of 1996," grants business licenses to existing, compliant medical marijuana businesses.
  • Regulated Marijuana Commerce. Establishes the California Cannabis Commission and the Office of Cannabis Regulatory Affairs to regulate and rule-make; envisions licenses for cultivation, nursery, manufacturing, distribution, transportation, retail, and testing enterprises.
  • Local Control. Cities and counties can ban marijuana commerce, including retail outlets, but not delivery services, but only by popular vote -- not by executive or legislative action. This means the default position is "no ban."Localities cannot ban personal cultivation.
  • Taxation. Tax on cultivators of $2 per square foot licensed; production tax paid by first purchaser of $15 an ounce ($5 an ounce for first 500 pounds from small producers); 10% retail sales tax -- half to the state and half to the locality.

Remember this is just the draft, but ReformCA is finally out of the gate. California should join the ranks of the legalization states next year, and the Control, Regulate and Tax Cannabis Act of 2016 is the most likely vehicle.

Oakland, CA 95472
United States

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

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

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

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

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

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

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

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

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

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

Chronicle AM: Cannabis Social Clubs An Issue, NYC Psychedelics Conference, Argentine Election, More (9/25/15)

The issue of marijuana social clubs is bubbling up in Alaska and Colorado, a second Massachusetts legalization initiative gets ready to collect signatures, Oklahomans really don't like asset forfeiture, and more.

A conference on psychedelics is coming to New York City next month.
Marijuana Policy

Federal Bill Would End Students Losing Financial Aid for Getting Caught With a Joint. Rep. Earl Blumenauer (D-OR) has filed HR 3561, which would protect students who get arrested for misdemeanor marijuana possession offenses from losing access to financial aid. Under the 1998 version of the Higher Education Act (HEA), students with drug convictions lost financial aid, but that law was later walked back to apply only to students in school and receiving financial aid at the time of their offense. Blumenauer's bill would exempt students caught with marijuana from that punishment.

Alaska Set to Ban Cannabis Social Clubs. The state Marijuana Control Board has accepted draft language that would ban businesses allowing on-site pot smoking. The board said such businesses are not a type that was specified in the initiative that legalized marijuana in the state. If Alaskans want marijuana social clubs, it will now be up to them to convince the legislature to create legal space for them.

Colorado Bill Will Allow Marijuana Social Clubs. Rep. Kit Loupe (R-Colorado Springs) says he has drafted a bill that would create a retail marijuana club license. Marijuana users would be allowed to consume at the club, and the clubs could also serve alcohol and food, if licensed to do so. He says he will introduce the bill when the legislature convenes in January.

Second Massachusetts Legalization Initiative Campaign Kicks Off Tomorrow. It's the 26th Annual Boston Freedom Rally this weekend, and Bay State Repeal is using the occasion to launch the signature gathering drive for its legalization initiative. Another initiative campaign, the Marijuana Policy Project-affiliated Campaign to Regulate Alcohol Like Marijuana, got going on signature-gathering earlier this week.

Medical Marijuana

Oregon Seeking Members for Medical Marijuana Task Force. The state Health Authority's Public Health Division said Thursday it is seeking applicants to serve on a newly created Task Force on Researching the Medical and Public Health Properties of Cannabis (the Cannabis Research Task Force). Those interested need to fill out this form by September 30.

Heroin and Prescription Opiates

Massachusetts Opioid Abuse Bill Would Mandate Screening of School Students. A wide-ranging bill to deal with heroin and opiate use being finalized by state Senate leaders would include mandatory drug screening of junior and high school students. While it is only a drug "screening," not a drug test, the provision is raising privacy and confidentiality concerns among some lawmakers. Click on the link for more discussion.

Psychedelics

Psychedelics Conference in New York City Next Month. The annual Horizons: Perspectives on Psychedelics conference will take place in New York City on October 9-11. "In recent years, a growing community of scientists, doctors, artists, activists, seekers and scholars has orchestrated a renaissance in psychedelic thought and practice. Horizons is a unique forum that brings together the brightest minds and the boldest voices of this movement to share their research, insights and dreams for the future," according to the Drug Policy Alliance, which is a partner in the conference. Click on the links for more information.

Asset Forfeiture

Oklahoma Poll Has Overwhelming Support for Civil Asset Forfeiture Repeal. A new SoonerPoll shows strong public antipathy toward asset forfeiture and strong support for ending asset forfeiture without a criminal conviction. Some 70% said they would support "legislation that would allow law enforcement only to keep property when a criminal conviction is achieved" and 78% said they agreed that "law enforcement keeping confiscated property without a conviction denies those of their constitutional right of due process is un-American." The poll comes as the legislature ponders asset forfeiture reform.

Drug Policy

Massachusetts Senate Passes Bill to Repeal Drivers' License Suspensions for Non-Driving Drug Offenses. The state is one of handful that still maintain such laws, but perhaps for not much longer. Senate Bill 2014 has passed the Senate and now heads to the House.

International

Argentine Presidential Candidates Ignore Experts, Call for More Drug War. The top three hopefuls in this year's presidential race -- Sergio Massa, Mauricio Macri, and Daniel Scioli -- all are calling for a tougher drug war, but Argentine scholars and experts say they are only deepening failed policies. More than a hundred scholars have signed a document, The Drug Issue in Argentina, that says maintaining, let alone deepening, existing prohibitionist policies is not the right way to go. Click on the links for more.

Tomorrow is the Anniversary of the Disappearance of Mexico's Ayotzinapa Students. A year ago Saturday, 43 students from a teachers college went missing in Iguala, Guerrero. They still haven't been found, and their disappearance has revealed links between local politicians, local law enforcement agencies, and drug gangs in a scandal that has severely tarnished the reputation of President Enrique Pena Nieto. The families are keeping the pressure on. Click on the link for more.

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

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

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

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

Medical Marijuana

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

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

Drug Policy

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

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

International

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

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

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