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Chronicle AM: DC Pot Battle Unsettled, Federal Racial Profiling Ban, Budapest Drug Testing, More (12/8/14):

DC's marijuana reforms remain under threat from congressional Republicans, Washington state's pot-sellers are feeling burdened by taxes, California doctors reject denying transplants to medical marijuana patients, the Justice Department issued racial profiling guidelines for federal law enforcement, and more. Let's get to it:

House Minority Leader Nancy Pelosi (house.gov)
Marijuana Policy

Nancy Pelosi Pledges Support for DC Autonomy as Possible Battle Over Marijuana Reforms Looms. At a press conference last Friday, House Minority Leader Nancy Pelosi said she supported the District's autonomy, but stopped short of saying any Republican moves to block the implementation of decriminalization or legalization would be a "deal breaker" on agreement for a broader appropriations package. "I have expressed concerns about treating the District of Columbia in a fair way, respecting home rule," Pelosi said. "I'm not saying any one of them is a deal breaker, but I'm saying this is an array of concerns that we have: clean air, good food standards, workplace safety, fairness to the District of Columbia, how the top line dollar is allocated within the legislation." Rep. Andy Harris (R-MD) is leading a House effort to block federal funds being used for pot law reforms, and the Rep. Harold Rodgers (R-KY), head of the House Appropriations Committee wants to see Harris's amendment included in the appropriations bill. Stay tuned.

Tax Issues Fueling Concerns Among Washington State Pot Retailers. The state's 25% excise tax and the federal government's refusal to let pot businesses to deduct legitimate business expenses -- such as state taxes -- is putting the squeeze on the state's fledgling retail industry. That's helping to contribute to retail marijuana prices that are higher than black market prices, but still not enough to be profitable under the weight of the state and federal taxes. There could be a fix coming in the state legislature; efforts are also underway to change the federal tax code to recognize legal pot businesses.

Medical Marijuana

California Doctors Reject Denying Organ Transplants to Medical Marijuana Patients. The California Medical Association (CMA) voted unanimously this past weekend to urge transplant clinics in the state against removing patients from organ transplant lists based on their medical marijuana status or use. The CMA House of Delegates was in San Diego for its annual meeting, and voted Saturday on Resolution 116-14 in support of patients' ability to remain on transplant lists despite their medical marijuana use. "I am very proud of my colleagues at the CMA, who once again endorsed the principle that medical decision for the benefit of patients be based on science and not moralistic prejudices," said Dr. Larry Bedard, a retired Marin General Hospital emergency physician and 30-year CMA delegate who currently serves on its Marijuana Technical Advisory Committee.

Law Enforcement

Justice Department Unveils Racial Profiling Ban for Federal Law Enforcers. The Justice Department today issued guidelines that will ban federal law enforcement agents from profiling on the basis of race, religion, national origin, and other characteristics. The guidelines cover federal agencies within the Justice Department, including the FBI, the DEA, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. They also extend to local and state officers serving on joint task forces alongside federal agents. The new guidelines will not apply to security screeners in airports and at border checkpoints, nor are they binding on state and local police forces.

International

Budapest Mayor Wants Mandatory Drug Tests for Teenagers, More. Mayor Mate Kocsis wants mandatory annual drug testing for city teenagers, as well as for elected officials and journalists. He said the idea was to target "those most at risk, decision-makers and opinion-formers." Kocsis is a member of the governing Fidesz Party, whose parliamentary group will discuss his proposal today. In August, Kocsis managed to get a needle exchange program for injection drug users shut down. He has also introduced legislation to ban picking through garbage and sleeping on the streets.

Chronicle AM: INCB Head Frets Over Pot, MS Welfare Drug Test Fiasco, SWAT Fights Back, More (12/5/14)

Global anti-drug bureaucrats are grumbling about marijuana legalization in America, one New York county decides to do asset forfeiture for misdemeanor drug offenses, Mississippi's food stamp drug testing program comes up snake-eyes, the SWAT boys fight to keep their military toys, and more. Let's get to it:

Marijuana Policy

Missouri Legalization Initiative Petition Open for Public Comment. A legalization initiative petition sponsored by Show-Me Cannabis has been submitted to the secretary of state's office, and Missouri residents now have 30 days to comment on the initiative petition. They can do so here (it's Petition 2016-009). This is essentially the same petition submitted a month ago, but has been resubmitted with grammatical fixes.

INCB Head Complains About Legalization in US States. Lochan Naidoo, president of the International Narcotics Control Board (INCB) is concerned about the implications of marijuana legalization in US states. "Legalization for recreational use is definitely not the right way to go," he told Reuters in an interview. "We do know about the damage that cannabis does to the brain," the South African physician said. "I'm not sure how well people are going to be able to protect their children." Naidoo added that the 1961 Single Convention on Narcotic Drugs requires countries to comply with its provisions banning marijuana, and the US should do so in "all its territories."

Asset Forfeiture

New York County Approves Asset Forfeiture for Misdemeanor Drug Cases. Legislators in Orange County Thursday approved a law that allows authorities to seize cash and cars from defendants in misdemeanor drug cases, but only after they have been convicted. The measure passed on a party-line vote with Republicans voting for it and Democrats against despite fierce opposition from sitting Democrats and audience members. DA David Hoovler has portrayed the measure as means of keeping seized assets in the county instead of sending the money to the general fund in Albany, as required under the state's asset forfeiture law.

Drug Testing

Mississippi Welfare Drug Testing Program Has Only Two People Testing Positive. The state law that went into effect in August has so far resulted in 3,656 Temporary Assistance for Needy Families (TANF, the food stamp program) applicants being screened for drug use, 38 being selected for drug testing, and a grand total of two testing positive for drugs. It's not clear how much the state has spent implementing the program, but Cassandra Welchin, policy director of the Mississippi Low Income Child Care Initiative, said the result was clear. "It's just a waste of money," she said. "Poor working families don't need a barrier to services and this is just another barrier."

Law Enforcement

SWAT Lobby Fights Back Against Policing Reforms in Wake of Ferguson. The National Tactical Officers Association (NTOA), which represents more than 1,500 SWAT teams across the country, has mobilized to protect the federal program that provided military surplus equipment to local law enforcement. NTOA sent emails to all 535 members of Congress urging them not to end or tighten up the Pentagon's 1033 program, which transfers equipment including armored vehicles, grenade launchers, and bayonets to local departments. NTOA executive director Mark Lomax has also been busy, reaching out to congressional offices and testifying before both the House and Senate Homeland Security committees. And it looks like it worked -- Congress will take no action on the program as this year's session winds down. Click on the link for much more.

Federal Appeals Court Blocks Florida Governor's Bid to Drug Test Welfare Applicants [FEATURE]

[This article was written in partnership with Alternet, and was originally published here.]

Florida Governor Rick Scott's (R) drug testing crusade hit yet another roadblock Wednesday as a federal appeals court upheld a lower court's ruling that his plan to make welfare applicants submit to mandatory, suspicionless drug tests was unconstitutional.

As other Republican governors -- most notably Scott Walker in Wisconsin and Paul LePage in Maine -- did in this year's election campaign, Rick Scott made drug testing a key campaign promise in his 2010 election campaign. The following year, the Republican-dominated state legislature acceded to Scott's request and passed a welfare drug testing law.

Welfare applicants weren't the only target of Scott's drug testing push. He also sought to impose random, suspicionless drug testing on state employees through an executive order. But that was struck down by the federal courts as violating the Fourth Amendment's proscription against unreasonable searches and seizures. The US Supreme Court denied his appeal of that ruling in August.

And now, the second prong of Scott's drug testing thrust has been struck down. The decision came in Lebron v. Florida Department of Children and Families, in which Navy veteran, college student, and single father Luis Lebron filed for food stamp assistance, but was denied after he refused to undergo a drug test. Supported by the ACLU of Florida and the Florida Justice Institute, Lebron sued to have the law overturned.

Citing a lengthy history of federal court precedents, Lebron's legal team argued that like the random, suspicionless drug testing of state workers, the mandatory, suspicionless drug testing of welfare applicants violated the Constitution's protections against unreasonable searches and seizures. US District Court Judge Mary Scriven agreed, ruling in 2011 that the policy was unconstitutional.

The never-say-die Scott appealed that decision. The 11th Circuit Court of Appeals in Atlanta held a hearing on the case on November 20. It then took less than two weeks to reach its decision.

The bipartisan panel of federal judges ruled unanimously that the state of Florida had failed to provide any evidence that there was a strong government need to strip welfare applicants of constitutional protections.

"We have no reason to think impoverished individuals are necessarily and inherently prone to drug use, or, for that matter, are more prone to drug use than the general population," Judge Stanley Marcus wrote for the court. "The State has presented no evidence demonstrating that drug testing saves a significant portion of TANF funds that could otherwise be spent on drugs," he added, pointing to a 2000 state study that found welfare applicants were less likely to use drugs than the general population and noting that in the three months the drug testing program was in effect, only 2.76% of applicants tested positive.

Florida Gov. Rick Scott gets shot down again on drug testing (florida.gov)
"In the final analysis, the warrantless, suspicionless urinalysis drug testing of every Florida TANF applicant as a mandatory requirement for receiving Temporary Cash Assistance offends the Fourth Amendment. On this record, the State has not demonstrated a substantial special need to carry out the suspicionless search -- we see no concrete danger, only generalized public interests," Marcus wrote.

Marcus also noted that "citizens do not abandon all hope of privacy by applying for government assistance" and that "by virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy." Having to urinate in a cup in front of another person "intrudes upon expectations of privacy that society has long recognized as reasonable," he added.

Nor were the judges buying the state's argument that welfare applicants effectively waived their constitutional rights by consenting to drug tests as a condition of receiving benefits or that the state had a "special need" to protect the children of drug-using welfare applicants.

"[T]he State cannot use consent of the kind exacted here -- where it is made a condition of receiving government benefits -- to wholly replace the special needs balancing analysis," the court held. "We respect the State's overarching and laudable desire to promote work, protect families, and conserve resources. But, above all else, we must enforce the Constitution and the limits it places on government. If we are to give meaning to the Fourth Amendment's prohibition on blanket government searches, we must -- and we do -- hold that [the welfare drug testing law] crosses the constitutional line."

While, given a solid line of federal court setbacks for the law, the 11th Circuit's decision was not exactly a surprise, advocates pronounced themselves well-pleased.

"The 11th Circuit has affirmed that the 4th Amendment applies to everyone, even those applying for government assistance, said Florida Justice Institute executive director Randall Berg. "The same rationale for requiring suspicionless drug tests of TANF recipients could be used to require suspicionless searches for any kind of government benefit, whether it is social security, farm subsidies, or student scholarships. Today, the court has rejected that rationale, drawing a clear line that will keep us from going down that slippery slope."

"We are very pleased by the Court's opinion, which once again makes clear that the US Constitution forbids the State of Florida from subjecting ordinary private citizens to invasive and unwarranted searches," said ACLU of Florida associate legal director Maria Kayanan.

"This is a resounding affirmation of the values that the Fourth Amendment of the U.S. Constitution protects -- that none of us can be forced to submit to invasive and humiliating searches at the whim of the government, and that the Constitution protects the poor and the wealthy alike," she continued. "The Court has once again confirmed what we argued all along: that the state of Florida cannot treat an entire class of people like suspected criminals simply because they've asked the State for temporary assistance."

While the federal courts have been clear that, with limited exceptions, mandatory, suspicionless drug testing violates the Constitution, Republican governors and legislators in other states have responded by passing public benefits drug testing laws that can pass constitutional muster by first establishing some sort of "reasonable suspicion" before requiring drug testing. According to the National Council of State Legislatures, at least 11 states have done so.

The results have not been particularly impressive. In Kansas, only 20 people have been tested in the first four months the law has been in effect; four failed the drug test. Next door in Missouri, the state is spending $336,000 a year on its welfare drug testing. It has tested 655 people; 69 failed the drug test. But 711 others refused to take it. In Utah, a year after it passed a 2012 welfare drug testing law, the state had spent $30,000 to drug test applicants, but only came up with 12 who tested positive. In Tennessee, where a similar law went into effect this year, the state has tested 800 applicants, with only one person testing positive.

But whether public benefits drug testing programs actually either save states money by reducing welfare rolls or help families by encouraging recipients to go straight is probably not as important to politicians as the political calculus behind them. With its coded appeal to racial and class hostilities wrapped in a guise of caring and fiscal responsibility, it's a red meat issue for the Republican base.

Atlanta, GA
United States

Chronicle AM: GOP Still Going After DC Pot Laws, FL Welfare Drug Test Law Blocked, More (12/4/14)

The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:

Marijuana Policy

Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.

Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.

Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.

New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.

Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.

Medical Marijuana

California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Drug Testing

DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."

Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.

Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.

New Synthetic Drugs

Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.

Chronicle AM: TX Marijuana, TN Asset Forfeiture Reformer, LA DA MedMJ Delivery App Lawsuit, More (12/314)

Houston's police chief criticizes marijuana prohibition, marijuana reform will be before the Texas legislature, LA's DA sues to block a medical marijuana delivery app, a Massachusetts activist pushes boundaries, a Tennessee DA vows to end civil asset forfeiture, and more. Let's get to it:

Will the Lone Star State become the Lone Leaf State?
Marijuana Policy

Marijuana Reform Bills Coming in Next Texas Legislature. There will be at least two bills seeking to reform the Lone Star State's marijuana laws when the legislative session begins next month. Rep. Harold Dutton (D-Houston) has pre-filed HB 00414I, which would move simple possession from a more serious to a less serious misdemeanor, but would leave intact the possibility of arrest, as well as impose a stiff $500 fine. The Marijuana Policy Project says the bill doesn't go far enough and that it is working with Rep. Joe Moody (D-El Paso) to introduce a full-blown decriminalization bill, with no arrest and a maximum $100 fine.

Houston Police Chief Says Marijuana Prohibition Failed Policy, Feds Need to Step Up. In an in-depth interview with Dean Becker of the Drug Truth Network, Houston Police Chief Charles McClelland described marijuana prohibition as a failed policy and said the federal government needed to address it. "Most police chiefs understand that when it comes to marijuana use, we cannot (continue) to criminalize such a large population of society that engage in casual marijuana use," McLellan said. "We can't, you just can't continue to do that, we understand that." Click on the links to hear the full interview.

Medical Marijuana

Head of Epilepsy Foundation Wants CBD Cannabis Oil Available Nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.

Massachusetts Activists Pushes Boundaries With Allston CBD Shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."

LA City Attorney Sues to Block Medical Marijuana Delivery App.The LA city attorney's office Tuesday filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the only one that's been targeted.

Asset Forfeiture

Tennessee DA to End Civil Asset Forfeiture. Ray Crouch, DA for the 23rd Judicial District, has announced that his office will no longer pursue civil asset forfeiture cases. The state's civil asset forfeiture has come under repeated criticism for abuses, and Crouch is responding. "I will sit here and guarantee you do not have to be afraid of our office, of the Drug Task Force seizing your property if you're not committing a criminal act," Crouch said. "We're not going to be using civil forfeiture to take anybody's money. If we do, it will be in criminal court because you will be charged with a crime." Click for more detail on the policy changes under Crouch.

Drug Treatment

Federal Comprehensive Addiction and Recovery Act Gets New Sponsor. The measure, S 2839, is a wide-ranging effort to deal with rising levels of opiate addiction and addresses prevention, naloxone access and training, alternatives to incarceration, "criminal justice medication-assisted treatment and interventions," and more. It has seven cosponsors -- five Democrats and two Republicans. The latest is Sen. Chuck Schumer (D-NY). The bill is before the Senate Judiciary Committee.

Reentry/Rehabilitation

Federal Second Chance Reauthorization Act Gets New Sponsor. The measure, HR 3465 (companion legislation is S 1690) would extend and expand grants for drug treatment, "offender reentry substance abuse and criminal justice collaboration," and other grants under the 1968 omnibus crime control act. It has 46 cosponsors -- 37 Democrats and nine Republicans. The latest is Rep. Randy Forbes (R-VA). It is currently before the Crime, Terrorism, Homeland Security and Investigations Subcommittee of the House Judiciary Committee.

Medical Marijuana Update

The Kettle Falls Five case gets postponed, ASA starts a petition to protect California patients who need organ transplants, Minnesota begins implementing its new medical marijuana law, and more. Let's get to it:

National

On Tuesday, the head of the Epilepsy Foundation said he wants CBC cannabis oil available nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.

California

On Monday, ASA announced a petition drive seeking support for a California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Accessis leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.

On Tuesday, Los Angeles announced it had shut down more than 400 dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Also on Tuesday, the LA city attorney sued to block a medical marijuana delivery app. The LA city attorney's office filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the first to be targeted by authorities.

Colorado

Last Thursday, an Arizona professor fired for medical marijuana research got new funding to continue her work. Researcher Dr. Sue Sisley, who was fired from her job at the University of Arizona over her medical marijuana research, has been awarded a $2 million grant from the state of Colorado to continue her research into the effects of medical marijuana on veterans with PTSD.

Massachusetts

On Tuesday, a Massachusetts activist went public with his boundary-pushing Allston CBD shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."

Minnesota

On Monday, the state named two medical marijuana growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.

Oregon

Late last month, the state decided to appeal a lower court ruling that cities can ban dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.

Washington

On Monday, trial in the Kettle Falls Five federal medical marijuana case was postoned.A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

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

Chronicle AM: Overdose Deaths, Naloxone Price Hikes, How Weed Can Win in 2016, New Synthetics, More (12/2/14)

A new report suggests how to win pot legalization initiatives in 2016, a closely watched medical marijuana trial is delayed, there's naloxone and overdose death news, Mexican pot farmers are getting squeezed from competition north of the border, and more. Let's get to it:

Marijuana Policy

Moms Key Demographic for Winning Initiatives, Research Report Argues. Women between 30 and 55 are the key demographic group for winning marijuana legalization initiatives, according to a new report from the Global Drug Policy Observatory. The report, "Selling Cannabis Regulation: Learning From Ballot Initiatives in the United States in 2012," analyzed the 2012 initiative efforts in Colorado, Oregon, and Washington, as well as looking at the 2010 Prop 19 effort in California. The campaigns in Colorado and Washington successfully targeted that key demographic, the analysis found. The report also found that key messages to voters were that legalization would free up scarce law enforcement resources and that it would create new tax revenues. There's plenty more to read in the report; click on the link for the whole thing.

Marijuana DUI Breathalyzer Test Coming? Researchers at Washington State University are working to develop a marijuana breathalyzer that could detect THC on a driver's breath. The researchers said the device would probably not provide an exact reading of the amount of THC, but could help officers determine if there is probable cause for a DUI arrest. But a follow-up THC blood test would still be necessary for use as evidence in court. Researchers said they hope to start testing this device in the first half of next year.

Arizona Legislative Analysts Say Legal Pot Could Generate $48 Million a Year in Tax Revenues. The Joint Legislative Budget Committee has produced a report estimating tax revenues from legalization at $48 million a year. The report was produced in September, but details were not released until the Phoenix alternative weekly New Times obtained a copy Monday. The report was in response to a Democratic bill to legalize marijuana. That bill was killed in April, but could be back next year. And there is a legalization initiative effort underway for 2016, backed by the Marijuana Policy Project.

Medical Marijuana

Trial Postponed, New Judge Assigned in Widely Watched Federal Medical Marijuana Case of Kettle Falls Five. A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

Los Angeles Has Shut Down More Than 400 Dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Harm Reduction

North Carolina Harm Reduction Coalition's Members Save Over 200 North Carolinians From Drug Overdoses With Naloxone. The Coalition announced today that it had received a report of its 208th overdose reversal using the opioid antagonist naloxone (brand name Narcan). The Coalition has distributed over 5,100 overdose prevention kits containing naloxone since August 2013. That was made possible by the passage of a 911 Good Samaritan/naloxone access law in April 2013. For more information on overdose prevention training or how to receive a naloxone kit, go here.

Naloxone Price Going Up Dramatically. Just as police departments across the country make plans to stock up on the opioid overdose reversal drug naloxone, manufacturers are jacking up prices. In Georgia, police report the price of a kit jumped from $22 to $40, while New York City is reporting a 50% price increase. Manufacturers have not explained the increases, but some activists have suggested that with the surge in orders from government entities, the makers have seen a chance to grab windfall profits."We've had a pretty steady price for several years now,"said Matt Curtis, the policy director of VOCAL-New York, an advocacy group. "Then these big government programs come in and now all of a sudden we're seeing a big price spike. The timing is pretty noticeable."

CDC Reports Drug Overdose Deaths More Than Doubled Between 1999 and 2012. In 2012, more than 41,000 people died of drug overdoses in the US, more than doubling the figure of 17,000 in 1999. Of the 41,000 drug overdoses in 2012, 16,000 were from opioid pain relievers (although that number actually decreased 5% from 2011), while nearly 6,000 were from heroin. Thus, legal and illegal opioids accounted for more than half of all overdose deaths in 2012. The overall overdose death rate also doubled, from 6.1 deaths per 100,000 in 1999 to 13.1 in 2012. The highest rates of overdose deaths were in West Virginia (32 per 100,000), Kentucky (25 deaths per 100,00 people), New Mexico (24.7 per 100,00 people), Utah (23.1 per 100,00 people) and Nevada (21 per 100,00 people). The report is "Trends in Drug Poisoning Deaths, 1999-2012."

Law Enforcement

Sen. Chuck Schumer Wants $100 Million to Fight Heroin. Sen. Schumer (D-NY) is seeking an emergency appropriation for a "heroin surge" to combat increased heroin addiction and overdoses. He wants $100 million appropriated to the High Intensity Drug Trafficking Area (HIDTA) program. The move would increase HIDTA funding to $338 million nationwide, if the funding is approved in the federal budget.

Drug Testing

Kansas Welfare Drug Testing Law Not Catching Many. That's at least in part because the state is not actually testing many welfare applicants. After four months in effect, the state has tested only 20 applicants, of whom four tested positive. The testing is only required for people who are visibly using drugs, been recently arrested on a drug charge, or were found during a questionnaire screening to be likely to be using drugs. The state has paid $500,000 for the program so far, but has not achieved the $1.5 million in savings from people being disqualified for benefits earlier estimated because it has tested and disqualified so few people.

New Synthetic Drugs

New Synthetics and the Changing Global Drug Marketplace. Stanford University drug policy analyst Keith Humphreys has penned an informative piece on the increasing shift from natural, plant-based drugs to synthetic ones as well as the shift to on-line drug selling and buying. This phenomenon could "upend traditional understanding of drug markets and drug policy," he writes. There's much more; check it out at the link.

International

US Marijuana Production Hurting Mexican Pot Farmers. National Public Radio's John Burnett reports from the Mexican state of Sinaloa that Mexican marijuana producers are being squeezed by made-in-America weed. "Two or three years ago, a kilogram [2.2 pounds] of marijuana was worth $60 to $90,"one grower there told him. "But now they're paying us $30 to $40 a kilo. It's a big difference. If the U.S. continues to legalize pot, they'll run us into the ground." That grower said if matters continued as they were, he would plant opium poppies instead. The report also quotes a DEA official as saying Mexican cartels are now importing high-quality American weed to Mexico for high-end customers.

The March Toward Marijuana Legalization: 2016 and Beyond [FEATURE]

State-level marijuana law reform won big in this month's elections, with legalization initiatives triumphing convincingly in Alaska, Oregon, and Washington, DC. The Florida medical marijuana initiative lost, but only because it had a higher bar of 60% of the popular vote. It ended up with 57%, a clear sign of solid majority support. And don't forget Guam -- the US territory approved medical marijuana with 56% of the vote.

The California Coalition for Cannabis Policy Reform is laying the groundwork for 2016. (CCPR)
Local marijuana reform initiatives also fared well. In Maine, Massachusetts, and Michigan, activists built on earlier successes to win more victories this year, while in New Mexico, voters in Albuquerque and Santa Fe voted in favor of decriminalizing pot possession.

All in all, a good year for marijuana law reform, the second good election year in a row. Since 2012, voters in four states and DC have been asked to legalize marijuana. They've now said yes in all of them.

And now, eyes to turn to 2016 and beyond. There are excellent prospects for more victories in the West, as well as in the Northeast. And there could be some surprises lurking out there in the middle of the country.

California, of course, is the big prize, and efforts are already well underway to ensure that legalization is on the ballot in 2016 -- and that it actually wins this time. Arizona and Nevada are also on the radar, and the Nevada initiative campaign has already turned in twice the number of signatures needed to make the 2016 ballot.

In the Northeast, both Maine and Massachusetts are initiative states, and legalization appears headed for the ballot in both. In Rhode Island and Vermont, the push will come in the state legislatures.

"Things are clearly headed in the right direction," said Marijuana Policy Project (MPP) communications director Mason Tvert, scanning the post-election terrain. "Even in a midterm where we saw large Republican gains, we also saw large gains for marijuana policy reform. A lot of people would say the turnout was smaller and more conservative, yet we still saw strong majorities approving measures making marijuana legal in various states and cities."

MPP will be backing 2016 initiatives in five states, Tvert said, although the Nevada legislature could ease its burden by just approving an initiative rather than punting to the voters.

"In Nevada, the petition drive has just wrapped up. At this point, our goal there is to pass the ballot initiative; if the legislature chooses to take an objective look and give it some real consideration, that would be excellent, too," he said.

"We also have committees filed to support initiatives in Arizona, California, Maine, and Massachusetts," Tvert said. "In California, we want to begin to raise money to support that effort, but it's pretty early in the process. We expect to see very solid support for such a measure in California, especially running in a presidential election year when support for legalizing marijuana has been growing nationwide. Prop 19 got 47% in 2010; that will be six years ago come 2016."

"We have a pretty comprehensive statewide coalition working on this," said Dale Gieringer, executive director of California NORML, which is a key part of that grouping, the California Coalition for Cannabis Policy Reform. "The coalition includes us, the Prop 19 people, Law Enforcement Against Prohibition, MPP, the Emerald Growers Association, and the Drug Policy Alliance (DPA) has been a partner in this, too."

A little less than two years out, it's a work in progress, said Gieringer.

"Pretty much all the leading groups interested in drug reform are interested in collaborating, but exactly how that will work hasn't been settled yet," he said.

Now that four states and the District of Columbia have legalized marijuana, Gieringer sees some political space for pushing the envelope.

"Home cultivation will be in it," he said. "They have that in Oregon and Colorado, and we're going to have it in California. I also want to provide for on-site consumption; we're working to get that instituted here in Oakland. In Colorado, they banned public use, which is one thing if you mean smoking pot on the street, but governments tend to have an expansive view of what constitutes public use, like a public accommodation under the Civil Rights Act. I think we can provide for licensed on-site consumption, at least by local option."

And no reason to make what he called "unnecessary concessions."

"We have a DUID law, and we don't need to change that," he said. "They didn't do that in Colorado and Oregon, and we don't need to do it. We learned a lesson in Washington -- that lack of an express DUID provision didn't make a difference -- and we're not going to repeat that."

Although more than any other group in the coalition, CANORML represents the interests of marijuana consumers, Gieringer said it's not pot smokers or growers who are going to make an initiative victorious.

Maybe Missouri's Show Me Cannabis will show us all.
"Marijuana users are 12% to 15% of the population here; we really have to depend on more than that," he said. "The users and growers will not determine this campaign. And I'm sure there will be people discontented with however the initiative turns out; there always are. But there aren't that many growers in the state, anyhow. Some growers didn't like Prop 19, but it failed for other reasons. It didn't win in Los Angeles County, and that's not because of the growers."

In some states, such as Massachusetts, activists have been piling up marijuana reform victories for years. MassCANN/NORML and the Drug Policy Forum of Massachusetts have an unbroken record of winning non-binding public policy questions on marijuana reform issues going back seven election cycles. Voters in the Bay State have also signaled their approval of marijuana law reform by passing statewide medical marijuana (2008) and decriminalization initiatives (2012).

Now, Bay State Repeal has formed to free the weed in 2016, and it has a pot populist tinge to it. The group wants home cultivation, not just to keep prices down, but "to keep the cops from busting through the door just because there is marijuana growing there" and it wants taxation and regulation, but only "moderate," not "cash-cow taxation or giant licensing fees."

In Maine, where MPP has been active, putting successful municipal legalization initiatives on the ballot in Portland and South Portland (but losing one in Lewiston), there could be not one but two legalization initiatives unless differing actors come together. In addition to the MPP effort, a new group, Legalize Maine, is also moving forward with plans for an initiative.

As with Bay State Repeal, there is a pot populist tinge. Legalize Maine couches its argument not only in terms of justice and common sense, but also talks about jobs and economic development. And it wants marijuana regulated in a way that "focuses on people instead of large economic interests that seeks to dominate the marijuana industry."

Legalization could also pop up in some unexpected places, too. While the major movement organizations already have selected targets for 2016 and have plans well afoot, things could break faster than the big players anticipate, and local activists in some states -- Arkansas and Missouri, for example -- may manage to get initiatives on the ballot without significant outside support.

In Missouri, Show Me Cannabis has been undertaking a vigorous and energetic campaign to put an initiative on the ballot in 2016. It submitted its initiative to state officials earlier this month; the first step in getting the measure before the voters. Similar efforts by different groups are also underway next door in Arkansas.

Those Ozark-area efforts don't have the backing of big national organization behind them, but that could change.

The Drug Policy Alliance's Ethan Nadelmann wants to see the polling. (OSI)
"If these initiatives are well-drafted and the polling is strong, we'll help as best we can, but we're not making any financial commitments," said DPA executive director Ethan Nadelmann. "We have a major commitment in California, and we're helping MPP draft initiatives in other states. In Missouri, let's make sure there's a solid draft initiative, and if the polling is there, well, a victory in Missouri would be very compelling."

Seeing marijuana legalization creep along the West Coast, make inroads on the East Coast, and maybe even in the Ozarks would make for a very impressive 2016, but some Midwestern activists are looking further down the road.

Led by indefatigable Tim Beck, Michigan activists have managed to pass municipal personal legalization initiatives in all the state's largest cities in the past few years. This year, they went eight for 13 with similar initiatives in smaller Michigan communities.

Michigan voters also approved marijuana in a statewide initiative in 2008, but, for Beck, getting the state's dispensary situation settled -- not legalization -- is the first order of business.

"Although the state legislature is totally controlled by the GOP, we've been working with them, and they've kind of seen the light on a regulated system with a lot of local control, which is big with Republicans," he said. "We have one of the best medical marijuana laws in the country, and it's going to get better with a regulated dispensary system, as well as ingestibles. We won 95-14 in the House, and it's going through the Senate now," he said.

"We have over 1.5 million people now living in cities that have decriminalized," Beck said. "And we liberated 140,000 this year -- on the cheap. This has an impact. When we have dispensaries and when we have decriminalization, local officials won't be able to say 'Oh, we don't want marijuana here,' because the voters do."

Legalization may not be the first order of business, but it is the ultimate goal, Beck said.

"My philosophy has never been that the solution is medical, but straight-out, unadorned legalization, but we're -having to do it on our own," he explained. "Michigan is fly-over country for the big players. It's a large state with a population of more than 10 million, so it's expensive to win a campaign, and it's a bit more conservative than the East or West coasts."

That means Michigan needs to be patient.

"Our realistic priority for the next couple of years is to work with the legislature," Beck said. "We have a new class of entrepreneurs who have come out of the closet, and we've been able to fund our own lobbyist to the tune of about $150,000. Once we get dispensaries, then we'll turn to decriminalization at the statehouse. We had a decriminalization bill this year, but it was introduced by a Democrat and went nowhere."

Beck is also waiting for the opinion polls to move further in the right direction.

"There's a weird dichotomy in our polling," the veteran activist explained. "We get well over 60% saying yes to reallocating police resources away from small-time marijuana users, but when it comes to legalization, that number drops dramatically. We might be at 50%; we'll do another poll at year's end, but I don't think much will change. It's hard to demand that anyone open their checkbook when you're only running 50%. We have to just keep going on an incremental basis. Maybe by 2018 or 2020, we'll be ready."

While Beck counsels patience, Nadelmann is counseling prudence. And while he is of course happy that all the legalization initiatives passed, he doesn't want people to think it's going to be a walk in the park from here on in.

"The downside is a sense of overconfidence, a feeling that marijuana will legalize itself," he said. "That could make it more difficult to fundraise if there's a sense that you can put anything on the ballot and not anticipate serious opposition. There could be a sense in the industry that you can be free riders while the activists raise the money."

There are other potential pitfalls. Entrepreneurs trying to push the envelope could push too far, Nadelmann said.

"Don't forget the Montana disaster," he warned, referring the wide open medical marijuana expansion there that created a backlash that drove the industry back into the ground. "Don't be short-sighted and greedy, and contribute and support the organizations working on this."

And don't forget federal pot prohibition.

It's one thing for a handful of states -- or even more -- to legalize marijuana, but as long as federal marijuana prohibition remains on the books, even the legal marijuana states could theoretically face a concerted federal effort to roll back the clock. Using federal marijuana prohibition as a hammer, a hostile Congress and president could wreak havoc with state-level regulation and taxation. (Ironically, a move to do that could result in marijuana being legal to smoke and possess in those states, but not to sell or be taxed or regulated.)

But if repealing federal pot prohibition is the Holy Grail, reformers still have a ways to go.

"A lot more states are going to have to approve this before it gets to the point where repeal can pass," said Nadelmann. "When you look at medical marijuana and how slowly that moves on Capitol Hill, you see that it wasn't until this year that we actually got something passed, and that was just to stop federal interference in medical marijuana states. I'm more optimistic about winning votes like that next year, to get the federal government out of the way."

Congress has not been especially responsive to growing support for marijuana legalization, and there's no reason to expect that to change anytime soon, Nadelmann said.

"It's hard to imagine Congress playing any sort of leadership role on this stuff," he explained.

Maybe when we have 24 legal marijuana states, not just four of them. That means there's still plenty of work to be done at the state house and the ballot box.

Medical Marijuana Update

Help for veterans could be on the way, plans for 2016 initiatives are getting underway, Arizona doctors win a court case, existing programs in the Northeast expand, and more. Let's get to it:

Federal

Last Thursday, a bipartisan group of legislators filed a bill to allow Veterans Affairs doctors to recommend medical marijuana. A dozen House members led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA) introduced the Veterans Equal Access Act Thursday. The bill would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. Click on the link to see all the sponsors and more details of the bill. The bill is not yet available on the congressional web site.

Arizona

Last Thursday,the Arizona appeals court ruled doctors can't be charged for making medical marijuana referrals. The Court of Appeals ruled that doctors who recommend medical marijuana to patients are not subject to criminal charges even if they failed to do a review of a year's worth of patient records. Police sent an informant to the office of Dr. Robert Gear in 2012, and Gear signed a medical marijuana certification based on a physical exam, but before receiving the patient's records. Prosecutors in Navajo County charged him with forgery and fraud, but the appeals court ruled that the state medical marijuana law gives him immunity. "In enacting the (law), the voters explicitly barred prosecution of a physician for providing 'written certifications' or 'for otherwise stating' that certain patients may benefit from `the medical use of marijuana,'" presiding Judge Patricia K. Norris wrote in the opinion. The case is State v. Gear.

Connecticut

On Wednesday, a state doctors' panel heard requests to add more qualifying conditions. The state Medical Marijuana Program's Board of Physicians heard from patients and advocates pleading with them to expand the state's medical marijuana law to include more medical conditions. The board has received petitions seeking to add severe psoriasis and psoriatic arthritis; sickle cell disease; Tourette's disorder; and post-laminectomy syndrome with chronic radiculopathy -- chronic pain after back surgery -- to the list of qualifying maladies. The program is accepting written submissions, petitions, and testimony from the public until December 12 and will deliberate on the issue in January. If it approves adding new conditions, that's just the first step. Click on the link for all the bureaucratic details.

Florida

On Monday, Florida advocates announced plans for a 2016 initiative. United for Care, the group behind this year's medical marijuana initiative that came up just short, has announced it will try again in 2016. "We are swiftly mobilizing a new petition push to get medical marijuana" on the 2016 ballot, United for Care director Ben Pollara told supporters this week in a fundraising announcement. This year's Measure 2 won 57% of the vote, but it needed 60% because it was a constitutional amendment. It looks like the group is going to go the constitutional amendment route again, despite the higher bar it creates.

Iowa

Last Thursday, the state Pharmacy Board punted on reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.

Nevada

Last Wednesday, state officials announced Nevada will honor out-of-state medical marijuana cards. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.

New Jersey

Last Friday, the state approved its fourth dispensary. The state Health Department has issued a permit for a fourth dispensary to start growing medical marijuana ahead of a scheduling opening next spring. The Breakwater Alternative Treatment Center won approval last Friday.

South Dakota

Last Saturday, activists met to plot next moves on medical marijuana. Activists met over the weekend in Sioux Falls to plot how to move forward in a state that has twice rejected medical marijuana at the ballot box. A 2006 initiative lost by just four points, but a 2010 initiative lost by a whopping 32 points in the year of the Tea Party. Now, supporters will try to get a bill moving in the state legislature, but if that fails, they are pondering a 2016 ballot initiative.

Washington

On Monday, a key state senator outlined her medical and recreational marijuana regulation bill. State Sen. Jeanne Kohl-Welles (D-Seattle) said she plans to file a bill that would regulate both recreational and medical marijuana in a single system, slash marijuana taxes, and allow home cultivation of up to six plants for any adult-- not just medical marijuana patients or caregivers. The bill would phase out collective gardens and generally fold the medical marijuana system into the state's regulated marijuana system. Kohl-Welles hasn't filed the bill yet and said she is consulting with stakeholders and legislators, but she said she would pre-file it next month.

Also on Monday, Seattle's mayor released his medical marijuana regulation plan. Mayor Ed Murray's office unveiled its plan for regulating medical marijuana collective gardens and dispensaries. The plan would create two classes of collective gardens. Class 1 would operate dispensaries, while Class 2 would not and is subject to fewer regulatory restrictions. Under state law, recreational marijuana is regulated at the state level, but medical marijuana is not. While efforts to regulate medical are likely in the state legislature next year, Murray said even if they pass, they wouldn't go into effect until 2016, so the city is moving to regulate now.

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

Chronicle AM: US Agents on Mexico Drug Raids, New Federal Cash Seizure Guidance, New Pain Pill, More (11/24/14)

Some House Republicans still want to mess with DC legalization, a key Washington state solon is planning a bill that would fold medical marijuana into the legal regulation system, federal officials issue a new code of conduct for highway asset seizures, US Marshals are reportedly going on drug raids in Mexico, and more. Let's get to it:

WA state Sen. Jeanne Kohl-Welles (D-Seattle) is moving to fold medical marijuana into the legal pot regulatory system.
Marijuana Policy

Some House Republicans Plan to Try to Block DC Legalization. While some GOP senators have no interest in blocking DC's legalization initiative, some GOP House members do. Rep. Andy Harris (R-MD) said he "absolutely" intends to block implementation, but that he probably wouldn't try to do so until next year. Earlier this year, he successfully attached an amendment to the DC appropriation bill to block decriminalization, and that amendment passed the House, but was never taken up by the Democratically-controlled Senate. Harris called legalization "crazy policy."

Washington State Senator Outlines Marijuana Regulation Bill. State Sen. Jeanne Kohl-Welles (D-Seattle) said she plans to file a bill that would regulate both recreational and medical marijuana in a single system, slash marijuana taxes, and allow home cultivation of up to six plants for any adult -- not just medical marijuana patients or caregivers. The bill would phase out collective gardens and generally fold the medical marijuana system into the state's regulated marijuana system. Kohl-Welles hasn't filed the bill yet and said she is consulting with stakeholders and legislators, but she said she would pre-file it next month.

Medical Marijuana

New Jersey Okays Fourth Dispensary. The state Health Department has issued a permit for a fourth dispensary to start growing medical marijuana ahead of a scheduling opening next spring. The Breakwater Alternative Treatment Center won approval last Friday.

South Dakotans to Try Legislature, But Hold 2016 Initiative in Reserve. Activists met over the weekend in Sioux Falls to plot how to move forward in a state that has twice rejected medical marijuana at the ballot box. A 2006 initiative lost by just four points, but a 2010 initiative lost by a whopping 32 points in the year of the Tea Party. Now, supporters will try to get a bill moving in the state legislature, but if that fails, they are pondering a 2016 ballot initiative.

Harm Reduction

Kentucky 911 Good Samaritan Bill Proposed. At a press conference last Friday, state Sen. Chris McDaniel said he wants to file a bill that would exempt drug overdose victims and people who seek help for them from being charged with drug possession offenses. "This should be another tool to keep people from dying, and that's what we're after," he said. But McDaniel also said such an exemption from prosecution could only be used once.

Asset Forfeiture

Federal Officials Issue New Guidance for Highway Seizures. Officials with the White House's High Intensity Drug Trafficking Areas (HIDTA) program have issued new guidance for highway police in a bid to curb questionable civil asset forfeiture seizures of cash and property from drivers. The voluntary code of conduct reminds state and local police that the need to observe the Constitution and the civil rights of motorists. "Emphasize interdiction programs are NOT purposed for enhancing agency budgets," the code says. "Underscore forfeited ill-gotten proceeds be spent prudently in accordance with applicable statutes, sound policies and regulations." Asset forfeiture programs are currently under an intense spotlight in the wake of repeated revelations about abuses and aggressive enforcement by police.

Prescription Opiates

FDA Approves Second Hydrocodone-Only Pain Pill. The Food and Drug Administration has approved Purdue Pharma's extended-release Hydrocodone tablet Hysingla for use. The agency said Hysingla is designed to be difficult to abuse, but acknowledged it could still be. It is the fourth opioid to be granted abuse-deterrent status, after Purdue's reformulated Oxycontin, it's oxycodone-naloxone combo Targiniq, and Pfizer's morphine-naltrexone combo Embeda. And it is the second hydrocodone-only pill approved by the agency. FDA approved Zohydro in October 2013.

International

US Marshals Are Going on Drug Raids in Mexico. The Wall Street Journal has reported that members of the US Marshals Service have been taking part in drug raids disguised as Mexican Marines. Mexican officials flatly deny the charge, but the newspaper reported that the Marshals Service sends small teams several times a year to help hunt drug suspects, some of whom are not even wanted by the US. The Journal cited a July incident in which a US Marshal was shot and wounded while attached to Mexican Marines patrolling a field in Sinaloa. Six cartel members were killed in the ensuing shootout.

Australian MPs to Introduce Federal Medical Marijuana Bill. Members of parliament from the Labor, Liberal, and Green parties will this week file a bill that would allow medical marijuana to be grown under federal license. The bill would not require states to allow medical marijuana, but it would create a federal model and address how medical marijuana would be supplied. The MPs will brief colleagues on the plan Wednesday.

Australia's Tasmania Rejects Medical Marijuana. Tasmanian Health Minister Michael Ferguson has rejected an interim report calling for allowing the use of medical marijuana. He ruled out any changes to current laws, citing advice from the Tasmania Police. He said that Tasmania Police would not seek to criminally pursue terminally ill medical marijuana users.

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