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South Dakota Bill to Reduce Marijuana Penalties Killed

A bill that would have lowered the maximum penalty for possession of two ounces of marijuana or less was killed Tuesday in a Senate committee. It died on a 5-2 vote in the Senate Judiciary Committee after law enforcement representatives testified against it.

In the language customarily used in Pierre, it was "deferred to the 41st legislative day." The South Dakota session has only 40 days.

The bill, Senate Bill 221, would have moved marijuana possession from a Class 1 to a Class 2 misdemeanor. That would have lowered the maximum penalty from a year in jail to 30 days in jail.

Both proponents and opponents of the measure agreed that the vast majority of people charged with pot possession serve little or no jail time, with most receiving only fines. Those fines can be significant, though. In east-central Beadle County, for instance, pot possession offenders are typically hit with a fine of $435, with some jail time thrown in for repeat offenders.

Attorney General Marty Jackley (R), the State's Attorney's Association's Paul Bachand, and lobbyists for sheriffs and police chiefs all opposed the bill, saying it would "send the wrong message" about a substance they consider a "gateway drug."

Earlier in the session, legislators defeated a medical marijuana bill (again). The state also criminalizes having gotten high, even if having done so elsewhere. Its "internal possession" law is unique in the country. South Dakota remains one of the most pot-unfriendly places in the country, something that summer vacationers and fans of the annual Sturgis Motorcycle Rally would do well to keep in mind.

Pierre, SD
United States

Indiana Marijuana Decriminalization Bill Defeated

A bill that would have decriminalized the possession of small amounts of marijuana is dead in the Indiana legislature after a key Senate committee chairman refused to allow a public hearing on it. The bill's sponsor, Sen. Karen Tallian (D-La Porte), says she will be back next year.

The bill, Senate Bill 580, would have decriminalized the possession of up to two ounces of pot, but it was not just a decriminalization bill. It would also have provided protection against per se drugged driving charges, legalized industrial hemp, reduced criminal penalties for other marijuana offenses, required courts to impose suspended and deferred sentences for marijuana possession misdemeanors, and provided a defense for people who delivered up to 10 pounds of pot without consideration.

It was referred to the Senate Committee on Corrections and Criminal Law, chaired by Sen. Mike Young (R-Madison County), who said he wasn't ready to take it up.

"It's dead for this year," Young told WISH-TV before adding that he would continue to talk to Sen. Tallian about the bill "so I can work with her over the summer and learn a little bit more about this issue before we hear it."

Tallian said she was getting support for the bill and vowed to keep pushing until she gets a hearing.

"I have a lot of professional people sending me e-mails saying where are you, what can we do to help?" she said. "We will get a hearing on this bill."

But not until next year at the earliest, and that's too bad for Indiana voters. They've indicated they are ready for decriminalization. A recent WISH-TV/Ball State University Hoosier Survey had support for decriminalization at 53%, with only 41% opposed.

Indianapolis, IN
United States

Marijuana Legalization Bill Coming Soon to Pennsylvania

Pennsylvania will likely be the next state to see a marijuana legalization bill introduced this year, as state Sen. Daylin Leach (D-King of Prussia) announced at a Monday press conference that he would be filing one shortly.

After voters in Colorado and Washington approved marijuana legalization last November, the push is now on at the statehouse. Legalization bills have already been filed in Hawaii, Massachusetts, and New Hampshire, and bills are also expected shortly in Maine and Vermont.

The bill will propose a system of taxation and regulation of marijuana commerce.

"This past November, the people of Washington State and Colorado voted to fully legalize marijuana," said Leach. "It is time for Pennsylvania to be a leader in jettisoning this modern-day prohibition, and ending a policy that has been destructive, costly and anti-scientific."

Supporting the bill were drug reform groups and public health professionals.

"Our nation can acknowledge the dangers of cigarettes, alcohol and marijuana while still permitting their use," said Dr. David Nathan, MD, clinical associate professor at the Robert Wood Johnson Medical School. "The only logically and morally consistent argument for marijuana prohibition necessitates the criminalization of all harmful recreational drugs, including alcohol, nicotine and caffeine. We can agree that such an infringement on personal freedoms is as impractical as it is un-American. The time has come to accept that our nation's attitude toward marijuana has been misguided for generations and that the only rational approach to cannabis is to legalize, regulate and tax it."

"Cops see the ineffectiveness and harms of marijuana prohibition up close, every day," said Neill Franklin, a retired Baltimore narcotics cop and the executive director of Law Enforcement Against Prohibition. "Keeping marijuana illegal doesn't significantly reduce use, but it does give tax-free profits to violent gangs and cartels that control the black market. Now, thanks to Sen. Leach's proposal, Pennsylvania has a chance to join Colorado and Washington in letting police focus on the job we signed up to do -- keeping the public safe -- instead of being distracted by chasing down marijuana users."

"NORML applauds Sen. Leach for taking this important step forward to end the failed policy of marijuana prohibition in his state. Pennsylvania has long been considered a bellwether state that sets the precedent for politics across the country, as such it is both exciting and encouraging to see the Keystone State take up this crucial dialogue," said Erik Altieri, Communications Director for NORML, "Marijuana prohibition costs the state of Pennsylvania over $300 million a year in enforcement costs and tens of millions a year in lost potential tax revenue, while doing little to keep the substance out of the hands of children or lower use rates. It is time for a new policy that works for the state and its people. We encourage all of Sen. Leach’s colleagues in Harrisburg to join him in this call for rational marijuana laws."

It could be an uphill battle. Leach spent the last two sessions trying to get medical marijuana bills passed, to no avail, and that was with strong public support for medical marijuana. A recent Franklin and Marshall College poll had support for medical marijuana at 82%, but support for legalization at only 36%. That's up 14 points from 2006, but still well below majority support.

Harrisburg, PA
United States

Vermont Marijuana Decriminalization Bills Filed

Bills that would decriminalize the possession of small amounts of marijuana have been introduced in both houses of the Vermont legislature. A Senate bill, Senate Bill 48, was introduced late last month, and its House counterpart, House Bill 200, was introduced Tuesday.

The bills are not identical. The Senate bill would decriminalize the possession of up to an ounce of pot by those 21 and over, while the more far-reaching House bill would decriminalize the possession of up to two ounces and the cultivation of to two mature and seven immature marijuana plants. Under both bills, people under 21 who are caught with pot would be treated like minors caught possessing alcohol.

The bills have tri-partisan support (Democrats, Republicans, and Progressives), with 39 cosponsors in the House and eight in the Senate. Gov. Peter Shumlin (D) has also repeatedly indicated strong support for a decriminalization bill.

In previous years, House Speaker Shap Smith has blocked decriminalization bills from moving to the House floor, but last month, he said he wouldn't block a bill if it made it out of the Judiciary Committee.

Fourteen states have decriminalized marijuana possession
, including Colorado, which along with Washington, legalized possession in the November elections. Other states in the Northeast that have decriminalized are Connecticut, Maine, Massachusetts, and New York.

Montpelier, VT
United States

Rhode Island Marijuana Legalization Bill Filed

State Rep. Edith Ajello (D-Providence), chair of the House Judiciary Committee, announced Wednesday she had introduced a bill to make marijuana legal for adults 21 and over and to establish a system of taxation and regulation for marijuana commerce.

"It is time for Rhode Island to put the failed policy of marijuana prohibition behind us and adopt a more sensible approach just as our nation did with alcohol 80 years ago," Ajello said. "By keeping marijuana sales in the underground market, we are ensuring they will be uncontrolled and that those selling it are not asking for proof of age. Regulating marijuana like alcohol will take marijuana sales off the street and put them in the hands of legitimate businesses that would face real disincentives for selling to minors. These new businesses will also create jobs and generate much-needed new tax revenue."

Her bill, House Bill 5274, the Marijuana Regulation, Control and Taxation Act, would:

  • remove criminal penalties for the private possession of up to one ounce of marijuana and for the            home-growing of up to three mature marijuana plants in an enclosed, locked space;
  • establish a tightly regulated system of licensed marijuana retail stores, cultivation facilities, and testing facilities;
  • enact an excise tax of up to $50 per ounce on the wholesale sale of marijuana applied at the point of transfer from the cultivation facility to a retail store (sales tax will also be applied at the point of retail sales); and
  • require the Department of Business Regulation to establish rules regulating security, labeling, health and safety requirements, as well as rules requiring advertising of marijuana to be no less restrictive than advertising of tobacco.

The bill has the support of both local and national marijuana reform groups. 

"As a public health researcher, I know that regulation works," said Michelle McKenzie, a spokesperson for the statewide Coalition for Marijuana Regulation. "Over the past 20 years, we have reduced levels of teen cigarette use by nearly 50%, and we have done it through enacting strict regulations and providing comprehensive, evidence-based public education. We can do the same thing when it comes to marijuana. I am confident that regulating marijuana will make Rhode Island a safer and healthier place to live."

"State and federal lawmakers from around the nation are bringing forward proposals to regulate marijuana like alcohol, and they are being met with more public support than ever before," said Mason Tvert, a spokesman for the Marijuana Policy Project. "Most Americans are fed up with laws that punish adults simply for using a product that is objectively less harmful than alcohol. The bill introduced today in Rhode Island presents a smarter, more responsible approach to marijuana."

The bill has been referred to the House Finance Committee.

Rhode Island is the fourth state to see marijuana legalization legislation filed this year. The others are Hawaii, Massachusetts, and New Hampshire. Similar bills are expected to be filed in Maine, Pennsylvania, and Vermont.

Providence, RI
United States

Medical Marijuana Update

The California Supreme Court heard oral arguments in a key case on whether localities can ban dispensaries, and medical marijuana bills died in two Midwest states, and there's more news, too. Let's get to it:

California

Last Thursday, the Obama administration sought to dismiss a lawsuit by the city of Oakland defending its ability to issue permits for dispensaries. Oakland had sued the feds after US prosecutors moved against the Harborside Health Center, seeking to shut it down. The Justice Department argued that the city was using the wrong legal remedy, but Oakland argued that shutting down Harborside would send tens of thousands of patients into the streets seeking medicine, posing a threat to public safety in a city with crime problems. No ruling was made.

Also last Thursday, the LAPD raided a massive grow up that supplied dispensaries. LAPD officers and US Homeland Security gang agents found 1,500 pounds of marijuana and several firearms. Police said the warehouse grow did about $7.6 million in business every 60 days, and supplied numerous dispensaries in Southern California. Authorities also allege it was shipping marijuana to the Midwest and East Coast. Four people were arrested; their names have not been released.

On Monday, San Diego District Attorney Bonnie Dumanis dropped the charges against two medical marijuana patients. The move came in the cases of Clint Guidry and Cameron Mitchell, and represented a setback for the staunchly anti-medical marijuana Dumanis.

On Tuesday, LA City Attorney Carmen Trutanich said dispensaries should be allowed to operate in the city. Up for reelection, the formerly anti-dispensary Trutanich said he was endorsing a city council initiative that would allow the 100 to 180 retailers that existed before a fall 2007 city moratorium on dispensaries to essentially carry on so long as they follow certain rules. A second initiative also set for the ballot would allow virtually all of the city's hundreds--possibly up to a thousand--dispensaries to stay open.

Also on Tuesday, the state Supreme Court heard oral arguments in a key dispensary ban case. The issue is whether the city of Riverside's ban on dispensaries violates the state's medical marijuana laws. Questioning by the justices suggested that they were prepared to agree with the city that the state constitution gives cities wide policing power over land use and suggested that the state's medical marijuana laws have not undercut that authority.

On Wednesday, DEA agents and San Bernardino police raided a chain of dispensaries and a private residence. The raiders hit Kush Concepts at three locations, where they marched patients out of the dispensaries. City officials said there are 41 dispensaries in San Bernardino.

Also on Wednesday, an appeals court upheld Tehama County's cultivation ordinance. A group of medical marijuana patients sued over the ordinance in 2010, arguing it was unconstitutional and conflicted with the Compassionate Use Act. The county prevailed in Superior Court, and that decision was appealed. Now that appeal has been lost.

Colorado

Last Tuesday, the first applications for Fort Collins dispensary licenses were submitted. The city had had 21 dispensaries that were forced to close when voters chose to impose a ban in 2011. The ban was overturned by voters in November, and now the dispensaries are coming back.

Iowa

Last Thursday, legislators killed a medical marijuana bill. House Public Safety Committee Chair Clel Baudler (R-Greenfield) call it one of the "stupidest" bills he had ever seen. He was joined by the other Republican on the three-member panel in voting to kill it.

Massachusetts

On Sunday, state officials said they may not make the deadline to come up with medical marijuana regulations. They are required to have them in place by May 1, but health officials said the complexity of the issues was such that they were unlikely to be able to comply. Medical marijuana advocates responded that any delay is unjustified and would cause patients to suffer.

Michigan

On Tuesday, a report said the state had collected $10 million in revenues from medical marijuana program applicants. The report covered the period through the end of the state's budget year on September 30. It says the revenue intake was nearly double that needed to run the program.

Montana

Last Friday, Chris Williams was sentenced to a mandatory minimum five years in prison for his role in Montana Cannabis, the state's largest dispensary during its short-lived medical marijuana boom. He had been facing more than 90 years in federal prison after refusing plea agreements and then being convicted of marijuana cultivation and firearms offenses in federal court (they had a shotgun at their grow op), but in the face of a public outcry, prosecutors sought and got an unusual post-conviction plea bargain limiting his prison exposure.

South Dakota

On Tuesday, a medical marijuana bill was killed in the legislature. It went down on a 7-6 vote in the House Health and Human Services Committee. Medical marijuana bills have been repeatedly introduced since 2001, only to die. South Dakota voters have also twice rejected medical marijuana initiatives.

Virginia Welfare Drug Testing Bill Defeated

A bill backed by Republicans that would have required drug screening and testing of welfare recipients died Monday in the Virginia Senate. The measure failed by one vote in the evenly divided Senate when one Republican didn't vote.

Last year, a similar measure ended up with a tied vote in the Senate, allowing Republican Lt. Gov. Bill Bolling to cast a tie-breaking vote and advance the bill to the House. It was then killed in the House.

The measure, Senate Bill 271, introduced by Sen. Charles Carrico (R-Grayson), would have required the state's welfare-to-work program to screen participants "to determine if probable cause exists to believe the participant is using illegal substances" and, if such a determination is made, "a formal substance abuse assessment of the participant, which may include drug testing."

Those who tested positive would have to enter a drug treatment program or lose benefits for a year. Those who refused to be tested would also lose benefits for a year.

Similar legislation is afoot in a number of other states. Some states, like Virginia, have attempted to overcome constitutional problems with suspicionless drug testing by providing for an initial screening to come up with probable cause, but even that fix hasn't managed to overcome political problems in most states.

Opponents of such legislation argue that such programs cost more money than they save, that they are an attack on poor people, and that there is no evidence of widespread drug use among public benefits recipients.

"Why are poor people singled out for testing," asked Sen. Marnie Locke (D-Hampton) before voting against the bill. "Why not legislators or bailed-out CEOs?"

Richmond, VA
United States

South Dakota Medical Marijuana Defense Bill Defeated

A bill that would have allowed South Dakotans charged with misdemeanor marijuana possession to mount a medical necessity defense was defeated Tuesday in the state legislature. The bill died on a 7-6 vote in the Health and Human Services Committee.

More accurately, it was "deferred to the 41st day" of the legislative session. The session only has 40 days.

The bill, House Bill 1227, would have allowed people caught with less than two ounces of marijuana to mount a medical necessity defense against either a pot possession charge or the state's unique ingestion for the purposes of intoxication charge. It provided for such a defense to be mounted if "a competent medical authority" has recommended its palliative use or if its use is known to be palliative for a given condition.

The defeat in Pierre only adds to the state's reputation as one of the most medical marijuana-unfriendly in the country. Medical marijuana bills have been introduced repeatedly there since 2001, but never go anywhere, and the state has the dubious distinction of being the first to defeat an initiative legalizing medical marijuana and the only one to do it twice, in 2006 and 2010.

"If you talk to drug users, nine times out of 10 they started with marijuana first," said Rep. Melissa Magstadt (R-Watertown), reiterating the long discredited gateway theory. The registered nurse also cited opposition to the bill from the state's medical and nursing associations.

"This is about being compassionate to our folks," said Sen. Karen Soli (D-Sioux Falls). "When I first heard of this, I thought no way. I'm not in favor of legalizing marijuana," she added. "It's quite a surprise to me I'm going to vote for this."

The bill's sponsors, Rep. Dan Kaiser (R-Aberdeen), a police officer, and Sen. Craig Tiezen (R- Rapid City), a retired police chief, testified before the committee last week. They told legislators the bill would not legalize marijuana or allow for advance doctor's recommendations, but would allow someone charged with possession to argue in court that they needed it for medical reasons and present evidence to make their case, with the final decision in the hands of the trial judge.

The South Dakota Supreme Court in 2003 rejected the use of the medical marijuana necessity defense in the case of a wheelchair-bound man. This bill would have made the defense available as part of state law.

Pierre, SD
United States

Mitch McConnell Endorses Kentucky Hemp Bill

In a statement last Thursday, Senator Mitch McConnell (R-KY), the minority leader in the US Senate, endorsed pending legislation in his home state that seeks to reintroduce industrial hemp cultivation there. The bill already has the support of the state's other US senator, Rand Paul, and Agricultural Commissioner James Comer, who were instrumental in bringing McConnell on board.

Is it sunrise for industrial hemp in Kentucky? (votehemp.org)
"After long discussions with Senator Rand Paul and Commissioner James Comer on the economic benefits of industrialized hemp, I am convinced that allowing its production will be a positive development for Kentucky's farm families and economy," McConnell said. "The utilization of hemp to produce everything from clothing to paper is real, and if there is a capacity to center a new domestic industry in Kentucky that will create jobs in these difficult economic times, that sounds like a good thing to me."

But McConnell first had to be reassured that industrial hemp wouldn't somehow turn into recreational marijuana. Comer apparently managed the trick.

"Commissioner Comer has assured me that his office is committed to pursuing industrialized hemp production in a way that does not compromise Kentucky law enforcement's marijuana eradication efforts or in any way promote illegal drug use," McConnell said.

In a statement of his own last Thursday, Comer expressed enormous gratitude for McConnell's support.

"When the most powerful Republican in the country calls to discuss your issue, that's a good day on the job," Comer said. "Leader McConnell's support adds immeasurable strength to our efforts to bring good jobs to Kentucky."

The hemp bill, Senate Bill 50, sponsored by Sen. Paul Hornback (R-Shelbyville), would direct the state Agriculture Department to create a program for licensing industrial hemp producers, but would not go into effect until there is a change in federal law, which bans the production -- but not the importation -- of industrial hemp.

In addition to both US senators, the bill has also garnered the support of two of the state's six US representatives, US Reps. John Yarmuth (D) and Thomas Massie (R). The two congressmen, Sen. Paul, and Commissioner Comer will all testify in favor of the bill.

"Our federal delegation is showing tremendous leadership," Comer said. "They recognize this is not a partisan issue. It's about jobs. And we will continue to push forward to make sure Kentucky is first in line for them."

State legislative leaders are also firmly backing the bill. Senate Majority Leader Damon Thayer (R-Georgetown) joined Sen. Hornback in convincing the Northern Kentucky Chamber of Commerce to endorse the bill. It did so Wednesday.

The bill gets a hearing in the Senate Agriculture Committee on February 11.

Frankfort, KY
United States

Medical Marijuana Update

The agonizingly slow pace of implementing medical marijuana laws is causing problems in several states, while in California, the never-ending battles continue. Let's get to it:

Arizona

Last Thursday, dispensary operators asked lawmakers to crack down on compassion clubs, unregulated businesses that seek a "fee" from patients who seek to obtain medical marijuana. There are no provisions for the clubs in the Arizona Medical Marijuana Act, but they have popped up statewide as patients waited for the opening of dispensaries, which were delayed because of prolonged legal battles between medical marijuana advocates and recalcitrant state and county officials. At a news conference outside the State Capitol, dispensary owners and medical marijuana patients joined with advocates to ask that police, prosecutors and legislators target the unregulated clubs so patients receive their medication in a controlled and secure environment.

Last Friday, Maricopa County appealed to the state Supreme Court to decide whether federal drug laws preempt the state's medical marijuana law. The move comes after a Maricopa County Superior Court judge ruled last month that federal drug laws don't stand in the way of public officials implementing Arizona's law.

On Tuesday, Tempe police raided two compassion clubs, arresting the owner. The cops hit Top Shelf Hydro College after purchasing "large amounts" of marijuana there. The name of the other club wasn't mentioned. The clubs are not permitted under state law, but have sprung up as advocates became frustrated waiting for dispensaries to open. Arizona voters approved medical marijuana in November 2010.

California

Last Thursday, US Attorney for Northern California Melinda Haag canceled a public appearance after hearing that she would be met by demonstrators. She canceled her appearance at Golden Gate University "at the last minute" after medical marijuana supporters announced plans to picket her talk. Three days later, at the California NORML conference, Rep. Tom Ammiano (D-San Francisco) took aim at the unpopular prosecutor, saying "I'm sorry to hear a house fell on her sister," a not-so-veiled reference to the Wicked Witch of the West in The Wizard of Oz.

On Monday, LA medical marijuana activists said they would support a city council dispensary initiative instead of moving forward with their own similar one. Representatives for Americans for Safe Access, the United Food and Commercial Workers Union and the Greater Los Angeles Collectives Alliance announced that they plan to campaign on behalf of the city’s proposal, which the city council is expected to vote this week to place on the ballot. That measure would only allow shops that opened before a 2007 moratorium to operate. Another initiative, also going to the voters, would allow most of the 500 or so currently existing dispensaries to stay open.

On Tuesday, Butte County released draft cultivation rules. The new draft ordinance includes a six mature plant limit on county parcels between .4 and 1.5 acres and an 18 mature plant limit on parcels between 1.5 and 3 acres, among other things. A public hearing is set for February 12.

Also on Tuesday, the San Diego city council voted not to drop pending dispensary cases as Mayor Bob Filner ordered earlier this month, but will instead maintain the status quo until he introduces a new ordinance to regulate them within 30 days. City officials said a zoning ordinance similar to one adopted by the council in 2011 would be brought up for discussion. But that measure triggered a successful petition drive to repeal it.

Massachusetts

Last Wednesday, the Malden city council approved an ordinance restricting the location of medical marijuana businesses. They cannot operate in commercial or residential areas, just industrial ones.

Also last Wednesday, the Peabody city council voted to ban dispensaries. The unanimous vote came after Mayor Ted Bettencourt worried aloud that the dispensaries would send the wrong message to Peabody youth. It becomes the eighth town in the state to ban dispensaries.

Michigan

On Wednesday, the state appeals court ruled that patients can give small amounts of marijuana to other patients without breaking the law. The appeals court agreed with a Barry County judge who had dismissed charges against Tony Green after he provided less than 2 ½ ounces of medical marijuana to Al Thornton in November 2011. Both were qualified patients. The appeals court ruled in 2011 that sales are illegal; that case is pending before the state Supreme Court.

New Jersey

Last Thursday, a Superior Court judge refused to appoint a monitor to supervise the state's stalled medical marijuana program, instead sending the case to the Appellate Division. Two patients had sued the state Department of Health last year, saying they were denied medication because the department took nearly three years to get the program under way. Their lawyers sought a monitor and court orders compelling corrective action. Now they will have to seek results from the appellate court.

Washington

Last Thursday, the Longview city council passed zoning restrictions on collective gardens. The measure passed by the council restricts them to the Mint Farm Industrial Park and an area along Industrial Way. The city has a moratorium on the gardens, but it expires in March, and without the zoning restrictions, people would have been able to plant gardens anywhere after the moratorium expired.

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