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Chronicle AM: VT Poll Says Legalize, SC MedMJ Moves, Naloxone OTC at CVS in 14 States, More (9/24/15)

An increasing majority supports marijuana legalization in Vermont, a second Wisconsin Indian tribe moves toward allowing marijuana, a major national drugstore chain makes naloxone available over the counter, and more.

Public opinion appears headed to making Vermont a Green Bud state as well as a Green Mountain state. (wikimedia.org)
Marijuana Policy

New Vermont Poll Has Support for Legalization at 56%. A new Castleton Polling Institute survey has majority support for legalization, and it's up two points from the same poll earlier this year. The poll comes as state lawmakers prepare an effort to become the first state to legalize marijuana through the legislative process. Click on the poll link for more details and demographic and methodological information.

Washington State Merger of Medical Marijuana Into Legal Sales System Advances. The state is folding medical marijuana into the legal marijuana system, and the state Liquor and Cannabis Control Board announced Wednesday it will accept applications for new retail stores for the first time since 2013 beginning on October 12. Existing, non-licensed dispensaries will have a chance to apply for sales licenses; those without a sales license will have to shut down by next July.

Second Wisconsin Tribe Moves to Okay Marijuana on the Rez. The Ho-Chunk Nation tribal council voted over the weekend to end a policy that made marijuana use and sale on tribal lands illegal. The Ho-Chunks say that is just the first step on a path toward possible marijuana sales on tribal lands. Last month, the Menominee Nation also endorsed the possible legalization of weed.

Medical Marijuana

Maryland Attorney General's Office Clarifies That Counties Cannot Ban Dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general has issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

South Carolina Medical Marijuana Bill Wins Senate Panel Vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672, a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.

Harm Reduction

CVS Will Make Overdose Reversal Drug Available Without Prescription in 12 More States. The CVS pharmacy chain announced Wednesday that it will make available without prescription the anti-overdose drug naloxone (Narcan) to opiate users, friends, and family members. "Over 44,000 people die from accidental drug overdoses every year in the United States and most of those deaths are from opioids, including controlled substance pain medication and illegal drugs such as heroin," Tom Davis, vice president of pharmacy professional practices at CVS, said in a statement. "Naloxone is a safe and effective antidote to opioid overdoses and by providing access to this medication in our pharmacies without a prescription in more states, we can help save lives." Wednesday's announcement will affect CVS pharmacies in Arkansas, California, Minnesota, Mississippi, Montana, New Jersey, North Dakota, Pennsylvania, South Carolina, Tennessee, Utah and Wisconsin. The chain already provides the drug without prescription in Massachusetts and Rhode Island.

International

Pakistan Targets Marijuana Cultivators in Bid to Assert Control, Fight Extremists. Peasant marijuana cultivators in the country's wild and remote Northwest territories are being squeezed by a military and paramilitary effort to exert effective control over the area and stamp out extremism. The authorities view the marijuana trade as a source of financing for the radicals, but it's also a lifeline for impoverished locals. Click on the link for an extensive report.

Chronicle AM: CA Cops Raid Indian Reservation Grow, Colombia Announces New Drug Strategy, More (9/23/15)

The era of aerial herbicide spraying of Colombia's coca crops is at an end, California cops raid an Indian reservation marijuana operation, medical marijuana bills are moving in Michigan, and more.

no more spraying Roundup on Colombia's coca fields (wikipedia.org)
Marijuana Policy

Massachusetts High Court Bans Traffic Stops Solely for Suspected Marijuana. The state Supreme Judicial Court ruled Tuesday that police can't stop motorists simply because they suspect the vehicle's occupants may possess pot. The state decriminalized possession of up to an ounce in 2008, and the court based its ruling on that. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the decriminalization law, Justice Margot Botsford wrote for the majority. The case is Commonwealth v. Rodriguez.

Medical Marijuana

California Indian Reservation "Megagrow" Raided by Mendocino County. Mendocino County sheriff's deputies Tuesday raided a commercial marijuana cultivation operation on the Pinoleville Pomo Nation reservation in Ukiah, cutting down about 400 plants, seizing about 100 pounds of trimmed buds, and an undetermined quantity of cannabis oil. The county maintains the operation is illegal under the state's medical marijuana laws.

Michigan House Panel Advances Medical Marijuana Bills. The House Judiciary Committee Tuesday passed a package of bills aimed at legalizing dispensaries and edible forms of medical marijuana. The bills have tighter rules than similar measures that failed last year, and some patient advocates are grumbling. Seed-to-sale tracking is one new addition; an 8% excise tax is another. Now it will be up to the legislature's GOP leadership to advance the bills or not.

New Jersey Will Get a Fourth Dispensary. The state Department of Health has issued a permit for Compassionate Sciences in Bellmawr. It will becomes the state's fourth dispensary when it opens next month.

Pennsylvania Patients, Parents Demand Action on Medical Marijuana Bill. Supporters of delayed medical marijuana legislation rallied at the state capitol Tuesday to urge solons to act on a pending bill. A bill passed the state Senate in May, and House leaders earlier this summer created a group to draft a version that would pass in the GOP-led chamber. Protestors urged House leaders to just hold a vote on the Senate-passed bill.

International

Colombia Shifts on Drug Policy; No More Aerial Eradication. President Juan Manuel Santos Tuesday unveiled a new drug strategy for Colombia that will emphasize alternative development, with forced manual eradication of coca crops to be used as a last resort. There will be no more US-backed aerial spraying of crops with herbicides.

Chronicle AM: MA Legalization Campaign Rolls Out, Federal "Synthetic Drugs" Bill Filed, More (9/22/15)

Signature gathering is getting underway in Massachusetts; the Albuquerque city council votes narrowly for decriminalization, but faces a possible veto; New York's junior senator addressed the National Cannabis Industry Association, and more.

Sen. Kirsten Gillibrand (D-NY) addressed the NCIA in New York City yesterday. (senate.gov)
Marijuana Policy

Massachusetts Legalization Initiative Campaign Rolls Out Today. One of two groups seeking to put legalization initiatives on the November 2016 ballot officially kicked off its signature gathering campaign today. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol in Massachusetts held a Boston news conference with several state lawmakers to get the ball rolling. The campaign must collect 64,750 valid voter signatures to place the matter before the legislature. If the legislature doesn't act, the campaign would have to collect an additional 10,000 signatures to put the issue on the ballot. The other legalization campaign in the state is by Bay State Repeal.

ResponsibleOhio Will File Initiative to Expunge Old Marijuana Convictions. The group behind this year's controversial marijuana legalization initiative is preparing a second initiative that would create a process to expunge old marijuana-related convictions. The Fresh Start Act would allow for reviews to expunge convictions if their actions would no longer be considered illegal. The group needs to gather 92,000 signatures before year's end to place the issue before the legislature next year. If the legislator then refuses to act on the initiative, it could go before voters on the 2016 ballot.

Albuquerque City Council Votes (Again) to Decriminalize Marijuana Possession. The council voted 5-4 along party lines late last night to decriminalize the possession of small amounts of marijuana and paraphernalia. A similar resolution last year was vetoed by Mayor Richard Berry, but since then, voters in the region have had the opportunity to express their support for decriminalization and have done so. Bernalillo County, where Albuquerque is located, voted 60% for decrim, and every precinct in the city itself was above 50% for decrim. Is the mayor paying attention? Stay tuned.

Medical Marijuana

US Senator Addresses Industry Meeting, Calls for Feds to Butt Out. Sen. Kirsten Gillibrand (D-NY) spoke at the National Cannabis Industry Association meeting in New York Monday and told industry professionals she is pushing a bill she cosponsored last March with Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) that would bar the federal government from interfering with marijuana in states where medical marijuana is legal. "There's a conflict between state and federal statute that confuses doctors, patients and providers alike," she said. "People aren't sure what's legal, what's not, and the gray area that resulted is hindering health care and the industry's development."

California State Monopoly Medical Marijuana Initiative Filed. Foes of marijuana reform in the Golden State have filed an initiative that would eliminate private marijuana cultivation and privately-owned dispensaries "in the interest of public safety." They would be replaced by one "state-owned cultivation site," which would supply "state-owned dispensaries." The initiative would also raise the minimum age for patients from 18 to 21. The initiative's proponents include anti-marijuana campaigner the Rev. Ron Allen, Citizens Against Legalizing Marijuana, and the Take Back America campaign.

New Psychoactive Substances

House Bill Would Criminalize Hundreds of New "Synthetic Drugs." Bipartisan legislation filed last week is aimed at reducing the traffic in new psychoactive substances, such as ones marketed under names like "flakka," "bath salts," and "K2." The bill is HR 3537, sponsored by Reps. Eleanor Holmes Norton (D-DC), Charlie Dent (R-PA), and David Jolly (R-FL), and it would amend the Federal Analogues Act to make it stronger, as well as adding a list of known new psychoactive substances to the Controlled Substances Act. In a bid to target distributors -- not users -- the bill narrows the act so that it does not apply to simple possession.

Chronicle AM: Midwest Marijuana, Clinton Looks Abroad to Fight Heroin, Dan Rush Indicted, More (9/21/15)

Michigan has two legalization initiative campaigns and now it has a legalization bill, Ohio's legalization initiative ballot language is set, a key UFCW organizer gets indicted, Chuck Schumer calls on the DEA to do something about Chinese drug sales websites, and more.

Hilary Clinton hints at eradication and interdiction to fight heroin. (state.gov)
Marijuana Policy

Florida Rep Files Five Nanogram Drugged Driving Bill. Rep. David Kerner (D-Lake Worth) has filed House Bill 161, which would make driving with more than five nanograms of THC per milliliter of blood a drugged driving offense. The bill is named after teenager Naomi Pomerance, who died in a traffic accident last year in which the driver of the scooter on which she was riding was high on marijuana and ran a red light.

Michigan Legalization Bill Filed. Rep. Jeff Irwin (D-Ann Arbor) and six cosponsors have filed House Bill 4877 to bring full-fledged marijuana legalization to the state. The move comes as two groups are working to put legalization initiatives on the 2016 ballot.

Ohio Ballot Board Revises Legalization Initiative Ballot Language to Remove "Misleading" Characterizations. On orders from the state Supreme Court to fix "misleading" ballot language after ResponsibleOhio challenged the original version, the state Ballot Board has revised its ballot wording to describe the initiative. The ballot title, which ResponsibleOhio had also challenged, will, however, stand. It reads: "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes." The campaign had challenged the use of "monopoly" and would have preferred "personal" instead of "recreational" use.

Ohio ACLU Endorses ResponsibleOhio Initiative. The ACLU of Ohio is getting behind the controversial legalization initiative because it would "begin to move our state away from senseless, wasteful drug prohibition toward a system that is supervised, safe, efficient, legal, and operating under regulatory oversight," the group said.

Washington State Teens Do Not Face Felonies for Marijuana Possession. After reports last week that an eastern Washington prosecutor had charged three teens with felonies for marijuana possession, saying that a new law designed to regulate medical marijuana demanded the charges, the air has cleared. The new law, Senate Bill 5052, does not require that teens be charged with felonies for possessing less than 40 grams, and the prosecutor has now dropped the felony charges. Interesting take on all this at the title link.

Medical Marijuana

Feds Indict Union Organizer on Corruption Charges. Dan Rush, marijuana industry organizer for the United Food and Commercial Workers (UFCW), was indicted on federal corruption, attempted extortion, and money laundering charges in Oakland last Thursday. Rush is accused of using his position "to obtain money and other things" over a five-year period. He is accused of taking kickbacks from an attorney for referring medical marijuana business clients to him and of accepting $550,000 in debt forgiveness from a dispensary operator (who was also acting as an FBI informant at the time). Rush and his attorneys have denied the charges.

Connecticut Dispensaries Move a Step Nearer. The state Department of Consumer Protection announced last Friday that it has received 19 new applications for dispensaries in response to its June request. Three dispensaries will be selected to operate in New Haven or Fairfield counties.

Florida Initiative Organizers Say They Have Half a Million Signatures. The United for Care campaign to put medical marijuana on the ballot last year reports that it has already gathered 500,000 signatures. They need 683,149 valid voter signatures by February 1 to qualify. This is the same group that was behind the 2014 medical marijuana initiative, which garnered 58% of the vote, but came up short because constitutional amendments require 60% to pass.

Heroin and Prescription Opiates

Hillary Clinton Would Take War on Heroin Beyond US Borders. In an interview with WMUR radio in New Hampshire, the Democratic presidential contender said she would take the fight against heroin beyond the US border if necessary. "I think you have to," responded Clinton. "This has to be a comprehensive strategy. And we know that this cheap heroin that is killing so many people is coming across our border." Interdiction and eradication have long been favorite drug war strategies, but have not proven very effective.

Drug Testing

South Dakota Tribal Chairman Gets Job Back After Drug Testing Brouhaha. Sisseton-Wahpeton Oyate Tribal Chairman Bruce Renville was reinstated last Friday after being suspended for imposing drug testing on all tribal employees. In his zeal to get a grip on alcohol and drug abuse on the reservation, Renville went beyond the letter of the law. Employees who tested positive will not be punished.

Law Enforcement

Chuck Schumer Calls on DEA to Crack Down on China Drug Websites. Responding to concerns over synthetic cannabinoids, the New York Democrat is calling on the DEA to form a special unit to identify Chinese websites doing bulk sales of new psychoactive substances and ban credit card companies from doing business with them. "By simply telling the credit card companies not to deal with these sites, we can shut them down," Schumer said. "When you buy a synthetic drug, you give a credit card number. You can go on your iPhone right now and pull up some of these websites. They say 'We take Visa.' Visa would no longer take them. None of the credit card companies would take them. We could strangle them."

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

Chronicle AM: Needle Exchanges Spread in WVA, Obama Admin Eases Buprenorphine Restrictions, More (9/18/15)

It's looking like Arizona will vote on marijuana legalization next year, the Obama administration eases restrictions on the opiate maintenance drug buprenorphine, needle exchanges expand in West Virginia, and more.

Marijuana Policy

Arizona Legalization Initiative on Track With Signature Gathering. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol said Thursday that it has already gathered 75,000 signatures, putting the group about one-third of the way to its goal of gathering 230,000 by July 2016. The group needs more than 150,000 valid voter signatures to qualify for the November 2016 ballot. A second group, Arizonans for Mindful Regulation wants to put its own initiative on the ballot, but has gathered only about 6,000 signatures so far.

Heroin and Prescription Opiates

Obama Administration Makes Big Announcement Addressing Heroin Epidemic. Health and Human Services Secretary Sylvia Burrell said Thursday that her agency would rewrite regulations to make it easier for doctors to treat opiate addiction with buprenorphine in a bid to get a handle on opiate abuse and addiction. "We need to lift people out of opioid-use disorder through medication-assisted treatment," Burwell said. "This epidemic is multifaceted, and we need to respond with the best solutions that medicine and behavioral therapy can provide together, so we need to increase the use of buprenorphine, which can help us treat opioid use disorder when combined with psycho-social support."

Ohio Bill Would Require Insurers to Cover Tamper-Resistant Drugs. A bipartisan pair of legislators have introduced a bill that would require insurance companies to provide coverage for tamper-resistant drugs that are more difficult to abuse. Reps. Robert Schrager (R-Findlay) and Nickie Antonion (D-Cleveland) said the measure is necessary because the long-term cost of opiate abuse in the state will cost the state millions of dollars. The bill has not yet appeared on the state legislative website.

Harm Reduction

West Virginia County to Begin Needle Exchange Program. Harrison County plans to move forward with a needle exchange/harm reduction program after hearing of the success of a similar program in Morgantown. The Morgantown exchange began in 2013, when 34 local residents tested positive for Hepatitis C. There have been 118 Hep C infections in Harrison County this year. It is a regional problem -- West Virginia and Kentucky have the highest Hep C infection rates in the country, many of them tied to intravenous drug use.

Chronicle AM: Republicans on Drugs, O'Malley on Marijuana, NC Needle Bill Advances, More (9/17/15)

Republican presidential contenders spar over drug policy, Martin O'Malley talks marijuana, Ohio's Supreme Court slaps down biased ballot language for ResponsibleOhio's initiative, pot people will march in Vienna on Saturday, and more.

logo of the Michigan Cannabis Coalition, one of two groups trying to put legalization on the 2016 ballot
Marijuana Policy

Martin O'Malley Meets With Colorado Marijuana People, Calls for Reclassification. Former Maryland governor and Democratic presidential contender Martin O'Malley met Thursday with state marijuana regulators, activists, and industry representatives and said he would immediately change federal marijuana policy if elected. He reiterated his pledge to reclassify marijuana as Schedule II, but stopped short of calling for legalization.

Michigan Initiatives in Midst of Signature Gathering. Two competing legalization initiatives are now deep in the signature-gathering phase. The Michigan Cannabis Coalition says it has collected nearly 170,000 signatures, which its petitioners are trying to verify as valid on the spot. Initiatives need some 252,000 valid voter signatures to qualify for the November 2016 ballot. A second initiative campaign, MI Legalize didn't provide precise figures but said it is "on pace" to qualify for the ballot. MCC would let the legislature set taxes for marijuana sales and establish licensing requirements for stores. It would limit personal grows to two plants. MI Legalize would peg the retail pot sales tax at 10%, put licensing in the hands of local communities, and allow up to 12 plants for personal grows.

Ohio Supreme Court Orders New Ballot Language for ResponsibleOhio Initiative. Handing a rebuff to state officials, the high court agreed with ResponsibleOhio that the state's description of the initiative "inaccurately states pertinent information and omits essential information. The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters." Now, the state Ballot Board must submit new, more accurate language. It could meet again as early as Friday. The state did win on one issue, though: Its language referring to the initiative as a "monopoly" will stay.

Drug Policy

GOP Candidates on Drugs At Last Night's Debate. Republican presidential contenders tangled over drug policy, with Sen. Rand Paul describing the damage of the war on drugs, recommending treatment and drug courts, and articulating a states' rights position on marijuana legalization, while Jeb Bush 'fessed up to smoking pot as a teenager, also endorsed treatment and drug courts, and hit back at Paul over heroin use. The anti-legalization Gov. Chris Christie touted his state's drug sentencing reforms, and Carly Fiorina claimed special consideration because her stepdaughter died of a drug overdose. Click on the link for a full review.

Heroin and Prescription Opiates

Massachusetts Bill Would Ban Oxycontin for Children. Responding to the FDA's approval of the use of Oxycontin for pain relief for children, a state representative has filed a bill to prohibit doctors in the state from prescribing the drug to kids. Rep. Diana DiZoglio (D-Methuen) filed House Docket 4154, which has yet to be assigned a bill number.

Harm Reduction

North Carolina Senate Passes Pilot Project/Needle Disposal Bill. The Senate today unanimously passed House Bill 712, which does two things. First, it states that anyone who declares a syringe or sharp object to a law enforcement officer prior to search cannot be charged for possession of the object or for any drug residue inside the object. This bill improves H 850, the needlestick prevention bill passed in 2013, which protected people from the paraphernalia charge, but not from the residue charge. Second, the bill authorizes two to four North Carolina counties to establish pilot programs to collect and safely dispose of used syringes in their communities. The North Carolina Harm Reduction Center will start these pilot programs on December 1, 2015 in Cumberland and Haywood counties. The bill has already passed the House and awaits the governor's signature.

International

Marijuana Activists to March in Vienna This Weekend. Organizers expect up to 10,000 people to march through Vienna on Saturday to protest drug law "reforms" that will still criminalize medical marijuana patients. The march is being led by Legalize! Osterreich, which has begun a parliamentary initiative to legalize marijuana. That initiative has 15,000 signatures so far.

(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.)

California Legislature Passes Historic Medical Marijuana Regulation Package [FEATURE]

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

After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos.

Fresh from working with the office of Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 just hours before the session ended.

If, as expected, Gov. Brown signs the bills into law, the medical marijuana status quo, rife with ambiguities, contradictions, and grey areas, will be transformed into a robust, strictly regulated medical marijuana industry. It won't always be painless, and there will be winners and losers.

The general consensus -- although not universal -- is that patients will benefit from the package of bills. They will gain access to quality-controlled medical marijuana through unambiguously legal means, and even though localities will retain the ability to ban dispensaries, patients will now be able to have their medicine delivered anywhere in the state.

Growers who seek the security of legality also stand to benefit. They will be able to come out from the shadows, pay their fees, get their licenses, and go about their business. But growers using the ambiguity of the state's current lack of regulation as a cover for grey or black market production will probably find their wiggle-room decreased. A similar dynamic will be at play in other sectors of the industry, including some that have operated in the open throughout the years.

"Big Marijuana," that favorite bogey-man of prohibitionists, doesn't fare so well. There are constraints on vertical integration within the industry, and the licensing scheme foreseen is tilted toward small and medium producers.

Finally, Sacramento acts. (assembly.ca.gov)
The bills will once and for all clarify to law enforcement that licensed medical marijuana producers and activities "are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law."

The bills also clarify that medical marijuana can be a profit-making and -taking industry. Some local law enforcement and prosecutors have used making a profit as a basis for charging medical marijuana operators. Now, no more.

Patients and caregivers maintain their Prop 215 rights to possess and grow their own medicine, but collectives will be phased out, and anyone who wants to grow more than a personal amount will need a license. The bills provide for 12 different types of licenses, for "specialty," small, and medium indoor, outdoor, and mixed-light commercial grows; manufacturers, testers, transporters, distributors, and dispensaries.

"This is an important and inevitable step forward. It finally lays the groundwork for a legally regulated medical cannabis distribution and production system in California," said Dale Gieringer, longtime director of California NORML.

"There was a pretty broad coalition of groups that contributed to the process of drafting the bills and who managed to more or less concur on the final thing, despite some reservations," he said in something of an understatement.

Getting the package passed required the juggling of many moving parts, not only in the state legislature and executive branch, but in balancing the interests of groups ranging from state law enforcement and local government associations to the various interest groups within the medical marijuana industry -- patients, growers, dispensary operators, manufacturers, distributors -- as well as groups, such as those concerned with environmental degradation, who see themselves impacted by the medical marijuana industry.

Making sure the proper balance was reached is going to require careful scrutiny and ongoing monitoring of rulemaking and implementation, Gieringer said.

"This is a really complicated piece of legislation, and we're combing through it carefully, looking for possible glitches," he said. "There are some problematic details, but most of the potential glitches are in the future. It's going to take at least a year for this to ramp up, and there's a new agency that has to be up by January, and we're now also going to have all these local governments starting to take a look at this and deciding what they want to do. There are hardly any jurisdictions in the state that recognize commercial cultivation, but there are probably 40,000 people doing that now. How many cities and counties are going to act to recognize and ally themselves with the growers they're already harboring?"

That's something Hezekiah Allen is wondering, too. The son of Mendocino County pot farmers, he's followed in their footsteps, but has now traded farm apparel for suit and tie as chair and executive director of the Emerald Growers Association, and was deeply involved in the sausage-making around the bills. They were overdue, he said.

"Regulation is never an easy thing to transition to, but there has been a decades long crisis due first to prohibition and then to the unregulated nature of this industry, and at the end of the day, we took a monumental and historic step toward bringing some order to this industry and creating stronger communities," he said. "It's a pretty amazing thing."

Not only does the legislation treat marijuana growing as an agricultural issue and address questions of direct relevance to producers, it also seems to support small and medium producers, Allen pointed out.

"We only ever wanted to be farmers -- that's how we should be regulated -- and cultivation is pretty firmly in the agriculture category," he said. "We also really believe in decentralized economies and small, sustainable agriculture moving forward. This legislation outlines specific policy tools to license small and medium producers, but not large ones. That's a real bias toward small and medium producers."

Allen also pronounced himself pleased that the legislation allowed for addressing things like standards for what can be called organic and standards for pesticides.

"There is a mish-mash of state-federal policy challenges, one example being organic standards," he said. "It's really challenging for us to label anything as organic given that the FDA 'owns' the term, but the state already has the Organic Produce Act, which created provisions that gives us authority to develop organic standards, and this legislation takes that another step forward."

It's a similar issue with pesticides, Allen said. There are no guidelines for pesticides with medical marijuana because the federal government hasn't established them, but the legislation encourages state regulators to develop guidelines.

"We called for this," he said.

Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group, was also deeply involved in the work in Sacramento.

"We think the regulatory bills are mostly good," said ASA press secretary Chris Brown. "We've researched licensing and regulation in the past and found it perfectly compatible with patient access. We also think it's very important to have a system in place for medical marijuana before adult use comes in, so it won't be seen as the unregulated part of a broader market."

ASA wasn't happy with everything, though.

"There was a late provision added that sets a maximum 100 square feet of cultivation space per patient," Brown noted. "We didn't know about that and we don't like it."

And there will be ongoing concerns as the regulatory rulemaking process takes shape.

"There are a lot of issues around vertical integration, and there are things we're going to have to monitor closely to see if they create problems moving forward," Brown said. "We will monitor things as they move forward, and we'll be very active in rulemaking and implementation. We have a lot of experience with that in other states, and our activists are great in terms of getting their voices heard."

Some other voices from the medical marijuana community are even less happy. At Harborside Health Center in Oakland, the state's largest dispensary, executive director and cofounder Steve DeAngelo "welcomed" the legislation, but had some "concerns."

"Harborside welcomes the long overdue enactment of statewide medical cannabis regulations -- almost two decades after Proposition 215 called for them," said DeAngelo. "However, we are concerned that time pressures made it impossible for legislators to adequately consider the impact of the new regulations on medical cannabis patients and the organizations that serve them. In addition, some of the language in the bill is unclear or may be in conflict with prior legislation. Harborside looks forward to working with lawmakers next session to address and resolve these outstanding issues."

And Steven Kubby of the American Medical Marijuana Association is threatening to sue over what he calls the "hijacking" of Proposition 215.

"Our medical cannabis rights, protected for nearly 20 years by Prop. 215, have been hijacked and Prop. 215 is under attack like never before. The new law is an unacceptable and illegal infringement on our rights under Prop. 215," said Kubby. "I'm getting calls from frightened patients who fear their own state government is planning on going after cannabis doctors as if they are some sort of dangerous threat that must be carefully supervised. Sick people cannot handle this kind of stress. Thousands of patients will die because of this calculated attempt to thwart the will of the people and deprive them of medical cannabis and the doctors who write recommendations to use the healing herb," he added.

Kubby cited the 100 square foot patient garden limit, provisions that allow localities to ban medical marijuana activitiies, and new restrictions on medical marijuana-recommending doctors.

Clearly, there remains work to be done. Potency and purity standards haven't been set yet, the dual licensing structure with both state and local permits hasn't been settled, and lots of issues remain to be hashed out by state officials charged with writing regulations to implement the bills. And the critics need to be addressed, assuaged, or proven wrong.

But California's billion dollar medical marijuana industry is about to come in from the cold.

Sacramento, CA
United States

Medical Marijuana Update

California passes historic medical marijuana regulation, Illinois blocks expanding qualifying conditions, Missouri activists gear up for a 2016 initiative, and more.

California

Last Friday, the legislature approved sweeping medical marijuana regulation. After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos. After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243,Assembly Bill 266, and Senate Bill 643. The session ended at midnight Friday. Click on the title link for more, and read our feature article on reactions to the move here.

Illinois

Last Thursday,the governor vetoed medical marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Iowa

On Wednesday, Iowa activists announced they would use their state's primary campaign to pressure candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

Missouri

Last Friday, Missouri activists said they would run a 2016 medical marijuana initiative. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Nevada

Last Wednesday, Las Vegas' only dispensary was forced to shut its doors over shortages after test samples came up dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

New Jersey

Last Tuesday, an appeals court ruled that the smell of marijuana is still enough for a warrantless search. Even though medical marijuana is legal in the state, an appeals court ruled that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

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

Chronicle AM: CO Pot Sales Hit Another Record, Bolivia Pres Rejects US Drug Criticism, More (9/15/05)

Another month, another marijuana sales record in Colorado; Toledo votes on ending marijuana possession penalties today; Missouri activists eye a medical marijuana initiative, and more.

They're going to the polls over pot in Toledo today. (Facebook.com/SensibleToledo)
Marijuana Policy

Colorado Sets Another Marijuana Sales Record. More than $96 million worth of marijuana was sold in the state's legal marijuana and medical marijuana shops in July, up from the previous record of $85 million in June. Recreational sales were a record $56.4 million, while medical sales were more than $39.8 million. Both figures are records for the legal marijuana era.

Toledo Votes Today on Ending Marijuana Possession Penalties. Voters there will have the chance to approve Issue 1, the "Sensible Marijuana Ordinance" supported by Sensible Toledo. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

Medical Marijuana

Missouri Activists Aim at 2016 Medical Marijuana Initiative Instead of Legalization. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Las Vegas Dispensary Forced to Close Over Shortages After Test Samples Come Up Dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

Law Enforcement

Wisconsin GOP Lawmakers File Search Warrant, SWAT Bills. A pair of Republican state lawmakers, Rep. Dean Knudson and Sen. Duey Stroebel, announced today that they have introduced bills that would require police to develop policies for executing no-knock search warrants and require every police department with a SWAT team to report on each call-out and reason for deployment. The bills aren't yet up on the legislative website.

International

Bolivian President Rejects US Criticism, Calls US Drug Policy "Failed." President Evo Morales rejected the US claim that it had failed to live up to its drug control obligations, saying that the major failure of drug control was the US's war on drugs policy. "I think this [the US designation of Bolivia as not in compliance with anti-drug goals] is a political action by the US State Department. But if we are sincere, the policy of the US is a failure in the fight to control the drug traffic," Morales said. "I could talk of many countries of the world where there is this problem and how it has grown with the presence of the United States. This makes us think that, in truth, they use the struggle against the drug trade for political ends."

Chronicle AM: NORML Endorses Ohio MJ Init, Obama Issues Annual Country Trafficking Report, More (12/14/05)

NORML endorses the ResponsibleOhio legalization initiative, California legislators pass medical marijuana regulation, the White House issues its annual report on drug trafficking countries, and more.

The controversial initative has won an endorsement from NORML.
Marijuana Policy

Martin O'Malley to Hold Marijuana Legalization "Listening Session" in Denver This Week. The former Maryland governor and Democratic presidential contender will hear from policymakers, experts, business owners, and law enforcement about how Colorado's decision to legalize marijuana has been working and affecting communities across the state. As governor, O'Malley decriminalized marijuana in Maryland and started the state's medical marijuana program. In his presidential campaign, Governor O'Malley calls for re-classifying marijuana as part of his criminal justice platform.

NORML Endorses the ResponsibleOhio Legalization Initiative. The board of the National Organization for the Reform of Marijuana Laws (NORML) has voted to endorse the ResponsibleOhio initiative. While the board expressed concern about "investor-driven initiatives," calling them a "perversion" of the initiative process, it said that ending prohibition outweighed the negatives. Click on the link for the entire statement.

Medical Marijuana

California Legislature Approves Medical Marijuana Regulation. After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos. After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243 Assembly Bill 266, and Senate Bill 643. The session ended at midnight Friday. Click on the title link for more, and look for a feature article later this week on reaction to the move.

Drug Policy

White House Drug Trafficking Nation List Singles Out Bolivia, Burma, Venezuela. The White House released its annual Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries today, and singled out Bolivia, Burma, and Venezuela as failing to comply with US drug war demands. The other countries on the list are: Afghanistan, The Bahamas, Belize, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, and Peru. Click on the link to read the entire determination.

Drug Testing

South Dakota Indian Tribal Chairman in Hot Water Over Mass Drug Testing. In a bid to address drug abuse on the reservation, Sisseton Wahpeton Oyate Tribal Chairman Bruce Renville ordered surprise, mandatory, suspicionless drug testing of hundreds of tribal employees last month. But while some of them came up dirty, Renville is the only one whose job is in danger. Tribal opponents accuse him of trampling individual and constitutional rights with the move, and now the council has suspended him from his position, with a hearing on whether to fire him set for later this week. Click on the link to read a very detailed report.

International

UN High Commissioner for Human Rights Issues Report on Drugs and Human Rights. The Human Rights Council had requested the study, which will be presented to the council at its next session. The study, Impact of the World Drug Problem on Human Rights, examines the impact drug policy decisions on personal and public health, harm reduction, as well as examining the role of criminal justice systems and the use of the death penalty.

Philippines Bans Hemp Products. The Philippine Food and Drug Administration and Philippine DEA have banned the sale of consumer products containing "hempseed oil or their varieties and derivatives from cannabis or marijuana in consumer products." The move is being sold as an effort "to protect the public from the harmful effects of dangerous drugs," even though hemp products normally don't contain more than trace amounts of THC, the main psychoactive substance in marijuana.

(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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