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Chronicle AM: Ted Cruz Shifts on State Legalization, Mexico Captures "La Tuta," Forfeiture Action, More (2/27/15)

Ted Cruz sees the light (or at least, which way the wind is blowing), a new poll has a majority for legalization in Maryland, asset forfeiture reform gets killed in two states, The Washington Post rethinks drug testing, and more.

Sen. Ted Cruz. The Texas Republican now says he is okay with states legalizing marijuana. (congress.gov)
Marijuana Policy

Ted Cruz Changes His Mind on Marijuana Legalization. A year ago, the Texas Republican senator and possible GOP presidential candidate criticized President Obama for allowing Colorado and Washington to legalize marijuana, but now he's singing a different tune. "If the citizens of Colorado decide they want to go down that road, that's their prerogative," he told Fox News host Sean Hannity on Thursday at the Conservative Political Action Conference (CPAC). "I personally don't agree with it, but that's their right."

Iowa Bill to Reduce Marijuana Possession Passes Senate. Earlier this week, the Senate approved Senate File 219, which would reduce the maximum sentence for possessing up to five grams from up to six months in jail to up to 30 days. The bill now goes to the House.

Maryland Poll Has Narrow Majority for Legalization. A new Goucher College poll has support for legalization at 52%, with 44% opposed. The poll comes as the legislature considers a legalization bill.

Pennsylvania Legalization Bill Filed. State Sens. Daylin Leach (D-Montgomery County) and Larry Farnese (D-Philadelphia) have filed Senate Bill 528, the "Regulate Marijuana Act." But they don't expect it to go anywhere this year.

Medical Marijuana

Missouri Issues Licenses for CBD Cannabis Oil Production. The Department of Agriculture this week issued two licenses for the cultivation of low-THC marijuana to be used to make CBD cannabis oil for patients. The licenses went to two St. Louis-area nonprofits.

Asset Forfeiture

Colorado Asset Forfeiture Reform Bill Killed in Committee. A bill that would have required a criminal conviction before civil asset forfeiture in the case of joint state and federal asset forfeiture proceedings has been killed in the Senate Judiciary Committee. The bill was Senate Bill 006.

Florida Asset Forfeiture Reform Bill Filed. State Sen. Jeff Brandes (R-St. Petersburg) Thursday filed Senate Bill 1534, which would bar civil asset forfeiture without a criminal conviction.

Wyoming Attempt to Override Governor's Asset Forfeiture Reform Veto Fails. The state Senate voted today not to override Gov. Matt Mead's (R) veto of bill that would have required a criminal conviction before civil asset forfeiture reform could take place. The Senate voted 23-7 to uphold the veto. The bill had passed both houses with veto-proof majorities, but some senators changed their minds after the gubernatorial veto.

Drug Courts

Under Federal Pressure, Kentucky Drug Courts Consider Allowing Opiate Maintenance. After federal drug czar Michael Botticelli said earlier this month that drug court programs that do not allow opiate maintenance therapy could lose federal funding, Kentucky drug courts are considering getting with the program. A court spokesperson confirmed the courts are looking into it, but that they haven't reached a firm decision.

Drug Testing

Arkansas Welfare Drug Testing Bill Filed. State Sen. Blake Johnson (R-Corning) has filed Senate Bill 600, which would require people seeking government assistance to be screened for drug use. Those deemed at suspicion of using drugs after screening would have to be tested for drugs.

The Washington Post is Rethinking Its Employee Drug Testing Policy. "The Washington Post is reviewing its policy in light of the changes to DC law," the newspaper said Thursday without elaborating any further. It also ran an opinion piece by Gina Tron arguing that employers in general should quit such screening.

International

Mexico Captures "La Tuta," Most Wanted Drug Lord. Mexican authorities said today they had captured Servando "La Tuta" Gomez, head of the Michoacan-based Knights Templar cartel. The capture is a boon to the government of President Enrique Pena Nieto, which has been under fire for months for the disappearance and apparent murder of 43 teachers' college students by corrupt police in league with drug gangs.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Medical Marijuana Update

Whew! There are medical marijuana bills all over the place, a leading Democratic politician gets targeted for her anti-medical marijuana stance, and the Kettle Falls Five (now Four) trial gets underway. Let's get to it:

National

Over the weekend, activists targeted Debbie Wasserman Schultz over her medical marijuana stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

California

Last Friday, Butte County hired six code enforcement officers to begin enforcement of Measure A, the voter-approved measure that restricts medical marijuana grows in the county. Code enforcement officers and deputies will go door-to-door in selected rural areas of the county to inform residents about the new restrictions.

Colorado

Last Wednesday, a bill to regulate medical marijuana got stripped down. Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crack down on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

Georgia

On Monday, a CBD cannabis oil bill won a committee vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.

On Wednesday, the House passed the CBD cannabis oil bill. The House approved House Bill 1, which allows for the use of low-THC, high-CBD cannabis oil to treat seizures and other major health conditions. The measure now goes to the Senate.

Kansas

On Monday, a CBD cannabis oil bill won a House committee vote. For the first time, a measure allowing some form of medical marijuana has won a vote in the state legislature. The House Health and Human Services Committee Monday approved House Bill 2282, which would allow for the use of low-THC, high-CBD cannabis oil for seizure disorders.

Minnesota

On Monday, medical marijuana workers unionized. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.

Missouri

On Monday, a medical marijuana bill was set for a hearing. Rep. Dave Hinson's (R-St. Clair) House Bill 800 would allow for medical marijuana for eligible patients.

New York

On Monday, there was talk of kosher medical marijuana coming to the state. Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.

North Dakota

Last Wednesday, the House killed a medical marijuana bill. A bill that would have brought medical marijuana to the Northern Plains was on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Tennessee

On Tuesday, a CBD cannabis oil bill was delayed. The House Criminal Justice Subcommittee is delaying a bill that would legalize low-THC, high-CBD cannabis oil. Lawmakers decided Tuesday to bump any action back by at least two weeks. The bill is House Bill 197.

Virginia

Last Wednesday, the legislature approved two CBD cannabis oil bills. The state Senate approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Washington

Last Thursday, the Kettle Falls Five became the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite pot being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

On Wednesday, the Kettle Falls Four trial got underway in Spokane. The trial of an Eastern Washington family accused of violating federal marijuana laws by growing their own medical marijuana legally under state law began today. The family is known as the Kettle Falls Five, but it's now the Kettle Falls Four after charges were dismissed against terminally ill patriarch Larry Harvey. The prosecution of the Harveys runs counter to Obama administration policy and congressional desire, but continues anyway.

West Virginia

On Monday, a medical marijuana bill was filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.

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

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Marijuana is Now Legal in Washington, DC! [FEATURE]

This article was published in collaboration with AlterNet and originally appeared here.

As of midnight, it became legal to possess, grow, and consume small amounts of marijuana in the nation's capital. An initiative passed with the support of 70% of DC voters has now gone into effect.

Republicans' efforts to block the law have been to no avail. Congress passed a budget bill that blocked the District from spending money on easing marijuana laws -- and that has stopped the District council from moving forward with a bill to tax and regulate marijuana commerce -- but that came after voters had already approved the ballot measure, Initiative 71.

Though some Republicans have cried foul, DC interpreted that timing as meaning that the initiative would take effect. After the 30 legislative days Congress had to act to block the initiative ran out (after DC officially forwarded the November election result to Congress), Congress had 30 days to act to block the legalization it. It failed to do so, and the 30-day period ends today. Absent a court ruling to the contrary, the initiative is law.

District officials, from Mayor Muriel Bowser to Police Chief Cathy Lanier, have signaled that they intend to heed the will of the voters.

"DC residents spoke loud and clear," Bowser said at an event Tuesday with the council where she and other city leaders vowed to carry out the new law.

The city has even produced a Q & A pamphlet that seeks to clarify exactly what is and is not allowed under Initiative 71.

That is particularly useful because this is legalization with some caveats. Adults 21 and over can possess up to two ounces of marijuana and grow up to six plants in their homes, of which no more than three can be flowering. They can also give (but not sell) up to an ounce to other adults.

But there is no public consumption allowed, and there is no provision for taxed and regulated marijuana sales. There will be no legalized pot shops in DC -- at least for now -- although existing dispensaries will continue to operate to serve the medicinal market.

Anyone convicted of smoking or consuming marijuana in public faces a $500 fine and up to 60 days jail time. Selling marijuana carries a $1,000 fine and six months jail time. And any business that lets patrons use pot could lose its license.

It's still not legal on federal property. (wikimedia.org)
And the DC law doesn't apply on federal property. This is significant because 22% of the District is federal property. If you are caught with marijuana on the Mall or the Jefferson Memorial, for example, you can face federal marijuana charges.

DC now joins Alaska, Colorado, and Washington in having marijuana legalization in effect. In Oregon, where residents also voted to legalize it last November, the new law goes into effect on July 1.

"The sky isn't going to fall," predicted Michael Collins, policy manager for the Drug Policy Alliance national affairs office, which worked closely with the DC Cannabis Campaign, the group that sponsored Initiative 71. "But there will be some confusion about what this means. It's going to be very similar to other states that have legalized or are in the process. In those states, legalization went into effect and they didn't have tax and regulate for months, and there wasn't any chaos. There won't be any chaos here, either."

"I feel good," said long-time activist Adam Eidinger, the driving force behind Initiative 71. "I've stopped pinching myself."

Still, Eidinger said, he had nothing special planned to mark the day. "We'll plant some seeds, that's about it," he said.

He has certainly planted the seed of marijuana legalization in the nation's capital, but there is more to be done, he said, pointing to the huge racial imbalance in DC marijuana arrests. Blacks accounted for 91% of all marijuana arrests in the city and were arrested at a rate eight times that of whites.

Anger over the disparate enforcement of the pot laws was key to winning the initiative. Multiple civil rights, faith, and community advocacy groups campaigned for Initiative 71, seeing it as an opportunity to redress racial injustice.

"Marijuana has been effectively legal in the affluent and white parts of the District west of 16th Street for years," said Bill Piper, head of the Drug Policy Alliance's national office. "All Initiative 71 does is treat the black community the same way -- no arrests for minor marijuana violations."

The man with the plan: DC activist Adam Eidinger, with his daughter Arundhati. (twitter.com)
But without full legalization, Eidinger said, racially-biased enforcement will continue.

"Home cultivation and possession begin to address the racial justice end of this, but that will not be fully addressed until we have in-store sales," Eidinger said. "We will still have people selling marijuana illegally."

The experience has also reawakened the DC political gadfly's long-standing interest in home rule for the District.

"I've been very disturbed by the way Congress has been treating residents of the capital," he said. "The whole effort to overturn the initiative really opened my ears to how once and for all we have to have equal rights as a state. We're planning a big push for home rule in the spring. That would benefit marijuana, too."

But as earth-shaking as marijuana legalization in the shadow of the Capitol is, what is equally striking is the inability of Republican conservatives to stop it.

"The big story is not that DC legalized it," said Collins, "but that the Republicans couldn't stop this. They had 30 days to review this, they had the opportunity to hold a quick up and down vote, and they chose not to. The Republicans are split on this issue. A lot of them support marijuana reforms, and many more are not interested in being the anti-marijuana party."

"There is simply no organized, significant group of members of Congress willing to waste time fighting against marijuana legalization, an issue that has become extremely popular with voters everywhere," added Piper. "The Republican House voted five times last year to let states set their own marijuana policies. And the recent scandal over DNC chair Debbie Wasserman Schultz shows that it is opposition to marijuana reform that is now politically toxic."

Now, the fight will turn to whether and how the District can move forward with taxation, regulation, and marijuana commerce. While some will be toking up in DC tonight, the battle is only half over.

Chronicle AM: Marijuana Legal in Alaska Tomorrow, Kosher MedMJ in NY, Chinese Meth, More (2/23/15)

Alaska's Measure 2 legalization begins to kick in tomorrow, the UFCW organizes medical marijuana workers in Minnesota, Chuck Schumer wants more drug war money, India bans the new synthetic drug mephedrone, and more. Let's get to it:

Mephedrone, now banned in India. (wikimedia.org)
Marijuana Policy

First Phase of Alaska Legalization Goes Into Effect Tomorrow. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization goes into effect. Beginning then, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.

Maryland Legalization Bill Gets Hearing Tomorrow. The House Judiciary Committee will hold a hearing in the General Assembly on Tuesday, February 24, to consider a bill that would regulate and tax marijuana similarly to alcohol. Supporters of the bill, including representatives of the Marijuana Policy Coalition of Maryland, are expected to testify. The hearing will take place in Room 101 of the House Office Building at 1:00pm ET. The bill is House Bill 911, sponsored by Rep. Curt Anderson (D-Baltimore).

Medical Marijuana

Minnesota Medical Marijuana Workers Unionize. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.

Missouri Medical Marijuana Bill Gets Hearing Today. Rep. Dave Hinson's (R-St. Clair) House Bill 800, which would allow for medical marijuana for eligible payments, was set to get a House hearing today. Come back tomorrow for results.

West Virginia Medical Marijuana Bill Filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.

Kosher Medical Marijuana Coming to New York? Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.

Law Enforcement

Chuck Schumer Lobbies to Restore HIDTA Funding Cuts. Sen. Charles Schumer (D-NY) said Sunday Congress should reject President Obama's plan to cut funding for the High Intensity Drug Trafficking Area (HIDTA) program. "This is one area where I disagree with the president, and I'm going to fight to reverse his decision," Schumer said. He wants $100 million in drug war funding restored, in part to fight heroin use in his state.

International

UN Official Blames "Corrupt" Chinese Pharmaceutical Industry for Meth Production. Chinese police recently busted 2.4 tons of meth in Guangdong Province, provoking UN Office on Drugs and Crime (UNODC) official Jeremy Douglas to say that "corruption in the pharmaceutical and chemical industries" in China was behind the easy availability of chemicals needed to mass produce the drugs. "To operate a lab like this, you need a lot of chemicals, which are legitimate, regulated chemicals from the pharmaceutical industry," Douglas said. "This group has been able to get their hands on the precursor chemicals necessary to produce the drugs. They've been doing it for a long time, which means they're getting these chemicals on a regular basis. There is some kind of corruption in the chemical/pharmaceutical industry taking place allowing this to happen."

India Bans Mephedrone. India has now classified mephedrone (also known as "Meow-Meow" or "M-Cat") as a psychotropic substance that falls under the Narcotic Drugs and Psychotropic Substances Act of 1985. That means mephedrone will now be treated as a controlled substance like heroin, cocaine, or methamphetamine. Previously, the new synthetic was not regulated in the country.

Chronicle AM: Federal Marijuana Bills, CO Legal Marijuana Battles, VA Cannabis Oil Bills Pass, More (2/20/15)

It's all marijuana news today: Federal legalization bills are filed, battles break out over legalization in Colorado, the Kettle Falls Five is now the Kettle Falls Four, Virginia CBD cannabis oil bills head to the governor's desk, and more. Let's get to it:

Congress action
Marijuana Policy

Federal Marijuana Legalization Bills Introduced. Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon. Click on the link for more details and reaction.

Democratic Congressman Calls on Holder to Reclassify Marijuana. Rep. Steve Cohen (D-TN) this week sent a letter to Attorney General Eric Holder urging him to reclassify marijuana as a drug with medical benefits. "I urge you to in your remaining time in office to take action, under existing federal law, to reclassify marijuana," Cohen wrote.

Marijuana Policy Project Calls for Holiday Inn Boycott Over Colorado Lawsuit. The group is calling for the boycott because one of two new lawsuits filed in an effort to undo Colorado's legalization of marijuana is in behalf of a Holiday Inn in the mountain town of Frisco. The suit claims that a marijuana shop scheduled to open nearby will damage its business. While the boycott targets the Intercontinental Hotels Group (Holiday Inn's parent company), the hotel is actually operated by New Visions Hotel Two. MPP points out that pressuring the corporate chain could help pressure New Visions to drop its lawsuit.

Former DEA Heads All Sign Brief Opposing Colorado's Legal Marijuana Law. All nine former DEA administrators have signed onto an amicus brief filed Thursday in support of the lawsuit brought by Nebraska and Oklahoma to try to kill legalization in the state. Colorado's legal marijuana "gravely menaces… the health, comfort, and prosperity of the people" of Nebraska and Oklahoma, the former administrators claimed.

Medical Marijuana

The Kettle Falls Five is Now the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite marijuana being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

Virginia Legislature Approves CBD Cannabis Oil Bills. The state Senate Wednesday approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Federal Marijuana Legalization Bills Introduced [FEATURE]

This article was written in collaboration with AlterNet and originally appeared here.

Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon.

marijuana bud (horsma/hamppuform wikimedia.org)
Polis's Regulate Marijuana Like Alcohol Act (HR 1013) removes marijuana from the schedule set by the Controlled Substances Act; transitions marijuana oversight from the jurisdiction of the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and regulates marijuana like alcohol by inserting language into the section of the US code governing "intoxicating liquors."

"Over the past year, Colorado has demonstrated that regulating marijuana like alcohol takes money away from criminals and cartels, grows our economy, and keeps marijuana out of the hands of children," said Polis. "While President Obama and the Justice Department have allowed the will of voters in states like Colorado and 22 other jurisdictions to move forward, small business owners, medical marijuana patients, and others who follow state laws still live with the fear that a new administration -- or this one -- could reverse course and turn them into criminals. It is time for us to replace the failed prohibition with a regulatory system that works and let states and municipalities decide for themselves if they want, or don't want, to have legal marijuana within their borders."

Blumenauer's Marijuana Tax Revenue Act (HR 1014) would, after federal legalization, impose a federal excise tax on the sale of marijuana for non-medical purposes as well as apply an occupational tax for marijuana businesses. The bill would establish civil and criminal penalties for those who fail to comply, like those in place for the tobacco industry.

Rep. Jared Polis (D-CO) (congress.gov)
The bill also requires the IRS to produce periodic studies of the marijuana industry and to issue recommendations to Congress. It phases in an excise tax on the sale by a producer (generally the grower) to the next stage of production (generally the processor creating the useable product). This tax is initially set at 10% and rises over time to 25% as the legal market displaces the black market. Medical marijuana is exempt from this tax.

"It's time for the federal government to chart a new path forward for marijuana." said Blumenauer. "Together these bills create a federal framework to legalize, regulate and tax marijuana, much like we treat alcohol and tobacco. The federal prohibition of marijuana has been a failure, wasting tax dollars and ruining countless lives. As more states move to legalize marijuana as Oregon, Colorado, Washington and Alaska have done, it's imperative the federal government become a full partner in building a workable and safe framework."

The federal bills come as marijuana is increasingly accepted in the US. Now, nearly two-thirds of Americans live in a state or jurisdiction that allows for some form of legal marijuana use. Four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have legalized adult use, while 23 others allow for medical marijuana. Eleven more states have passed laws allowing for the use of low-THC cannabis products to treat specified medical conditions.

By now, nearly half (46%) of all people 18 and over have tried marijuana at least once, and in the past few years, public opinion polls have consistently found support for legalization at or above 50%. But while states and localities have taken the lead in finding ways to accommodate legal marijuana, the federal government continues to not only criminalize marijuana, but to classify it as among the most dangerous illegal drugs.

Rep. Earl Blumenauer (D-OR) (wikipedia.org)
The Obama administration has taken a relatively laissez-faire approach to medical marijuana and legal marijuana in the states, but that is a matter of policy, not law. And as long as federal marijuana prohibition remains on the books, policy can change with a new administration, or even if this one decides to take a different tack.

The congressional bills were met with approval by drug reform movement groups.

"As more state marijuana legalization laws come on board it's increasingly important for federal policy to catch up," said Tom Angell, chairman of Marijuana Majority. "The Obama administration's enforcement approach over the past few years has created some room for Colorado and Washington to implement their laws and show the world that legalization works. And we even saw the Republican-controlled Congress vote last year to stop the DEA from spending money to interfere with state medical marijuana laws. Now it's time to fully and officially end the federal criminalization of marijuana so that states can move ahead with full certainty that the DEA won't be able to step in whenever the drug warriors that run the agency feel like it."

"Cops have better things to worry about than the recreational habits of responsible, nonviolent adults," said Major Neill Franklin (Ret.), a former Maryland narcotics officer and now executive director of Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals opposed to the drug war. "And dispensary owners have better things to worry about than whether the federal government is going to arrest them and/or seize their assets for acting in accordance with state law."

"These bills would regulate and tax marijuana, taking cultivation and sales out of the underground market and allowing it to be controlled by legitimate businesses under the close watch of authorities. Marijuana would be grown in licensed facilities instead of national forests and basements in the suburbs. It would be sold in stores that create good jobs and generate tax revenue, instead of on the street where it benefits cartels and criminals," said Dan Riffle, director of federal policy for the Marijuana Policy Project.

"Congress has been ignoring our broken and outdated marijuana laws for decades," Riffle continued. "Their failure to let go of prohibition is causing serious problems for state governments and interfering in the lives of countless Americans. It's time for our federal representatives to come to grips with the fact that marijuana is safer than alcohol and most people think it should be treated that way. Members who consider it unthinkable to return to alcohol prohibition need to ask themselves why they are clinging to the prohibition of a less harmful substance."

The bills are there. Now it's time to see whether Congress will act on them.

Washington, DC
United States

Chronicle AM: More CO Lawsuits, 2016 MI Inits, New Paid Med Rules a Pain for Vets, More (2/19/15)

An anti-crime group has filed a pair of lawsuits challenging Colorado's legal marijuana law, a decrim bill is moving in Hawaii, 2016 initiative plans are getting underway in Michigan, DEA rules on pain pills are causing problems for vets and others, and more. Let's get to it:

Recent DEA rules tightening access to prescription opiates are causing problems for veterans and others.
Marijuana Policy

Revised Alaska Marijuana Bill Removes It From Controlled Substances List; Adds New Misdemeanors. The legislature's effort to regulate legal marijuana has been revised to remove pot from the controlled substances list, according to an updated draft of Senate Bill 30. The bill would also create new crimes for misconduct involving marijuana, including selling it without a license, possessing more than six plants, transporting more than an ounce, providing it to minors, and making hash oil with a volatile or explosive gas. The bill got a hearing in committee yesterday.

California's Attorney General Not Opposed to Legalization. Attorney General Kamala Harris, the state's top law enforcement officer and Democratic front-runner for a 2016 US Senate seat has said she has no moral objection to legalizing marijuana, but worries about impacts on children and public safety. "I don't have any moral opposition to legalization," she said, "but I do feel a very strong sense of responsibility as a top cop to pay attention to the details... to make sure that if it were legalized... that vulnerable people are safe."

Private Group Sues Colorado Over Legalization. Two months ago, Nebraska and Oklahoma filed a lawsuit seeking to overturn the state's legal marijuana law, and now, two more lawsuits are being filed by a private group, Safe Streets Alliance, an anti-crime organization led by a former Reagan administration official. In one suit, two Colorado property owners are suing a handful of marijuana industry participants under federal racketeering laws and state and local officials under the charge that they are violating the constitution's supremacy clause by not enforcing federal law. In the other suit, Safe Streets joined with the Holiday Inn in Frisco to sue a number of marijuana industry participants on racketeering charges. That suit claims that a planned legal marijuana store is causing the hotel to "suffer injuries to its business and property." Pot supporters say the lawsuits are unlikely to go anywhere.

Hawaii Senate Committee Passes Decriminalization Bill. The Senate Health Committee Wednesday approved Senate Bill 596, which would decriminalize up to an ounce, replacing a petty misdemeanor with a civil infraction and a $100 fine.

Two Michigan 2016 Legalization Initiative Efforts Getting Underway. At least two different groups are eyeing a legalization initiative effort next year. East Lansing attorney Jeffrey Hank filed paperwork Tuesday for the Michigan Comprehensive Cannabis Law Reform Committee, while East Lansing-based Mitchell Research and Communications, a marijuana industry advocacy group, filed paperwork last month to create the Michigan Responsibility Council, which says it will soon transform itself into a ballot committee for 2016. Click on the link for more details.

Missouri Bill Would Free Marijuana Lifer Jeff Mirzanskey. Rep. Shamed Dogan this week filed House Bill 978, which would require the release of anyone serving life without parole for marijuana offenses. That means Jeff Mirzanskey, who is 21 years into his life sentence. Efforts have been afoot to persuade Gov. Jay Nixon (D) to commute his sentence, but he has yet to do so.

Medical Marijuana

Activists Target Wasserman Schultz Over Medical Marijuana Stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

Colorado Bill to Regulate Medical Marijuana Gets Stripped Down. The bill, Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate Wednesday, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crackdown on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

North Dakota Medical Marijuana Bill Defeated. A bill that would have brought medical marijuana to the Northern Plains was defeated in the House Wednesday on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Asset Forfeiture

New Mexico Asset Forfeiture Reform Bill Filed. Rep. Zachary Cook (R-Ruidoso) has introduced a bill that would end civil asset forfeiture in the state. The bill is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance. It does not yet have a bill number and is not yet available on the legislative web site.

Wyoming Legislators Prepare to Try to Override Governor's Veto of Asset Forfeiture Reform Bill. Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture in the state Tuesday, but the bill passed by a veto-proof margin, and now legislators and bill supporters are angling for an override vote. The measure, Senate File 14, passed the Senate 26-3 and the House 54-6.

Undertreatment of Pain

New Federal Opiate Prescription Rules Are Causing Problems for Veterans. Restrictions on prescription opiates adopted last summer by the DEA are causing hardships for veterans, the Washington Post reports in a lengthy piece. And it's not just veterans, but they're being hit particularly hard. Click on the link for much more.

Sentencing

Former Federal Judge Regrets 55-Year Sentence for Pot Dealer. Utah resident Weldon Angelos has already spent more than a decade in federal prison after being convicted of three marijuana sales while he had a pistol in his sock. That pistol led to consecutive mandatory minimum sentences resulting in a whopping 55 years in prison for the aspiring rapper. Now, Paul Cassell, the then federal judge who sentenced him, wishes he had a do over. "I do think about Angelos," he said. "I sometimes drive near the prison where he's held, and I think, 'Gosh he shouldn't be there. Certainly not as long as I had to send him there... That wasn't the right thing to do. The system forced me to do it. I think that most of the time, our federal justice system succeeds," Cassell continued. "But there are some cases where it fails and the Angelos case is a prime example of that. I thought the sentence was utterly unjust to Weldon Angelos, but also unjust to the taxpayer," Cassell pointed out. "I think it's just a waste of resources to lock him up for 55 years, I don't really think anyone believes that's an appropriate sentence."

Utah Ready for Drug Defelonization, Poll Finds. Strong majorities of Utahns favor defelonizing drug possession offenses, according to a new survey from Public Policy Polling. Some 58% support defelonization, while 59% said probation and community-based drug treatment were more appropriate than jail for being caught with small amounts of drugs. The poll comes as a defelonization bill, House Bill 348, is introduced today.

International

UK Liberal Democrat Leader Supports Medical Marijuana. Nick Clegg, head of the Liberal Democrats, the junior partner in a governing coalition with the Conservatives, has said people should be able to use marijuana to alleviate medical problems. "I strongly agree that where there is a proven medicinal use for cannabis for instance we should make that easier for those to have access to it in a straightforward legal way in order to alleviate the symptoms that you clearly have that you know as a user are alleviated by the use of cannabis," he said. "Let's take a more intelligent approach -- where there is a clear medicinal use, make sure you have access to that in a regulated way." This is yet one more way that the Lib Dems and the Tories are at odds on drug policy.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Medical Marijuana Update

The Kettle Falls 5 will have to face federal trial, a bill to fold the Washington state medical market into the recreational one has passed the Senate, there's movement toward dispensaries in Hawaii and Michigan, and much more. Let's get to it:

California

On Tuesday, a bill to end organ transplant denials for medical marijuana patients was referred to the Assembly Health Committee. Assemblymember Marc Levine (D-San Rafael) earlier this month introduced Assembly Bill 258, the Medical Cannabis Organ Transplant Act, a bill aimed at preventing medical marijuana patients from being denied organ transplants. The Medical Cannabis Organ Transplant Act is sponsored by Americans for Safe Access( ASA), which has long advocated for patients seeking organ transplants, including Norman B. Smith, a medical marijuana patient who died in 2012 after being denied a liver transplant at Cedars-Sinai Medical Center in Los Angeles.

Also on Tuesday, the Santa Ana city council approved spending $880,000 to shut down unpermitted dispensaries. The move comes as the city is poised to become the first in Orange County to allow permitted dispensaries. The enforcement costs -- including hiring five new police officers and a sergeant -- will be borne by the legal dispensaries, which are set to open on July 1.

Also on Tuesday, the Long Beach city council voted to create a special task force to offer input on a new medical marijuana ordinance. The ordinance, which would allow 18 dispensaries citywide, has been approved once by the council but needs to go back for a second approval in April. If the task force recommends any changes, they will be taken up then.

Also on Tuesday, the Pismo Beach city council banned medical marijuana delivery services. The city already banned dispensaries, but the council voted unanimously to update the ban and include mobile delivery services because they create "the same adverse impacts" as brick and mortar stores.

Colorado

On Tuesday, the Colorado Cannabis Chamber said it supported tightening restrictions on caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.

Hawaii

On Tuesday, a bill that would allow for dispensaries won a House committee vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.

Iowa

On Monday, Iowans pleaded for the expansion of the state's medical marijuana program. A small number of Iowa patients and family members appeared before state legislators to ask for expansion of the state's medical marijuana program, which they say is effectively useless as is. Each speaker called on legislators to expand the law to allow them to legally produce and obtain the high-CBD cannabis oils that could aid them. A law passed last year allows Iowans to use the cannabis oils, but not to produce or import them.

Michigan

Last Thursday, the legislature began preparing to take up a bill that would explicitly allow dispensaries. Supporters of medical marijuana are readying themselves to push a dispensary bill through the legislature. Rep. Mike Callton (R-Nashville) announced that he would sponsor a new bill to regulate "provisioning centers." The bill is not yet available on the legislative website. Similar measures were expected to pass last year, but stalled at session's end.

New Mexico

Last Thursday, the state proposed revisions in its medical marijuana program. The Health Department's hearing officer charged with making recommendations for changes in the state's medical marijuana program issued her report and she is recommending increasing the allowable concentrations of THC in marijuana products from 60% to 70% and scrapping a rule requiring patients to submit biometric information when applying for registry cards. The department is now "in the process of reviewing" the recommendations. Click on the link for more detail and more recommendations.

North Carolina

Last Wednesday, a medical marijuana bill was filed. A group of legislators has filed a full-blown medical marijuana bill, House Bill 78. The state approved a CBD cannabis oil bill last year.

Oklahoma

Last Wednesday, a CBD cannabis oil bill passed the House.The House approved House Bill 2154, on a 98-2 vote. The bill would authorize an investigation into the use of cannabis oil for children with epilepsy. The bill now heads to the Senate.

Washington

Last Thursday, a federal judge rejected a request from the Kettle Falls 5 to throw out their charges. Five Washington state medical marijuana patients being prosecuted by federal authorities will have to go to trial. A federal judge refused to dismiss the criminal case against them, even though the prosecution appears to violate Justice Department guidelines for medical marijuana prosecutions and even though marijuana is now legal in their state.

Last Friday, a Republican-sponsored bill to combine the recreational and medical markets passed the Senate. The state Senate has passed Senate Bill 5052, sponsored by Sen. Ann Rivers (R-La Center). It would combine medical and recreational in a single market, require medical marijuana users to enter their names on a state registry, reduce the number of plants patients could grow from 15 to six, and allow cultivation co-ops only if they are at least 15 miles from a retail store and everyone is on the registry. The bill was opposed by patient advocates. Sen. Jeanne Kohl-Welles (D-Seattle) had offered a competing bill, Senate Bill 5519, but that has not been voted on, and all of her amendments to the Republican bill were voted down.

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

Chronicle AM: VT MJ Legalization Bill, Texas Pot Lobby Day, Federal Sentencing Softens, More (2/17/15)

There's now a marijuana lhttp://www.kcrg.com/subject/news/iowans-plead-for-expanded-medical-marijuana-program-20150216egalization bill in Vermont, an Ohio initiative decides to allow home cultivation, Attorney General holder touts a softening in federal charging and sentencing policies, and more. Let's get to it:

It's marijuana lobby day at the Texas capitol in Austin Wednesday. (texasmarijuanapolicy.org)
Marijuana Policy

Responsible Ohio Revises Initiative, Will Allow for Home Grows. "After extensive conversations with experts and concerned citizens across the state and nation, Responsible Ohio has decided to include regulated and limited home growing as a part of our amendment," Responsible Ohio Spokesperson Lydia Bolander said in a press release Monday. "Combined with a lower tax rate for consumers, these changes will make our communities safer by smothering the black market." The group's original proposal had called for only 10 grow sites in the state. At least one other group, Responsible Ohioans for Cannabis, has a competing initiative campaign underway.

Texans to Lobby for Marijuana Reforms in Austin Wednesday. Texans will gather at the state capitol in Austin Wednesday to urge elected officials to support House Bill 507, which reduces the penalties for possession, and for establishment of a comprehensive medical marijuana program in the state. The lobbying effort is being led by Texans for Responsible Marijuana Policy. Click on the title link for event details.

Vermont Legalization Bill Filed. Sen. David Zuckerman has filed Senate Bill 95, which would legalize the possession of up to an ounce by adults, establish a regulatory system for marijuana commerce, and impose a $40 an ounce excise tax on marijuana sold in the state. Whether the bill will go anywhere remains to be seen; key legislative leaders said they did not plan to hold hearings on it this year.

Wyoming Legalization Study Bill Killed. A bill to study the impact of legalization in neighboring states was killed on the House floor late last week. House Bill 187 was defeated on a vote of 39-19. The governor's office has the money to do a study, and that may still happen, but it won't be tied to finishing before the next legislative session, as was the case with this bill.

Medical Marijuana

Iowans Plead for Expansion of Medical Marijuana Program. A small number of Iowa patients and family members appeared before state legislators Monday to ask for expansion of the state's medical marijuana program, which they say is effectively useless as is. Each speaker called on legislators to expand the law to allow them to legally produce and obtain the high-CBD cannabis oils that could aid them. A law passed last year allows Iowans to use the cannabis oils, but not to produce or import them.

Sentencing

Attorney General Holder Touts More Flexible Federal Sentencing. The attorney general today said federal prosecutors are changing the way drug defendants are charged and sentenced, and he cited US Sentencing Commission statistics to back himself up. The new figures show prosecutors pursued mandatory minimum sentences in only 51% of their cases, the lowest rate on record, and down from 64% last year. Federal drug trafficking cases also declined by 6%. Holder said that showed prosecutors are being more selective in which cases they bring.

International

Uruguay's Medical Marijuana Will Be More Expensive Than Recreational Marijuana. As the country moves slowly towards rolling out its legal marijuana program, officials there are saying that medical marijuana will be more expensive than recreational because it will have to be grown separately from recreational, it will be grown by different companies, and it will be grown under stricter -- more expensive -- controls than pot for the recreational market.

Chronicle AM: WA GOP Bill to Combine MedMJ, Recreational Pot Moves, KY Heroin Bill Passes House, More (2/16/15)

Colorado gets more time to defend its marijuana law, a possession legalization bill gets filed in Tennessee, a bill to combine medical and recreational markets in Washington passes the Senate over patient objections, the Russian drug czar could be losing his gig, and more. Let's get to it:

Potency is a selling point for heroin. The Kentucky legislature is working on heroin bills. (NJ State Police)
Marijuana Policy

Colorado Gets Extension to Respond to Nebraska, Oklahoma Lawsuit. The US Supreme Court has given the state an extra month to respond to a lawsuit that claims it is exporting pot problems to its neighbors. A response to the suit had been due today, but the court pushed that back to March 27. The lawsuit seeks to overturn Colorado's legal marijuana law.

Tennessee Possession Legalization Bills Filed. Companion bills that would legalize the possession and casual exchange of up to a half ounce of weed have been introduced in Nashville. The bills would also make possession and distribution of an ounce or more a misdemeanor punishable by only a $100 fine. Rep. Harold Love (D-Nashville) introduced HB 0873, while Sen. Jeff Yarbro (D-Nashville) introduced SB 1211.

Medical Marijuana

New Mexico Medical Marijuana Program Revisions Proposed. The Health Department's hearing officer charged with making recommendations for changes in the state's medical marijuana program issued her report last Thursday. She is recommending increasing the allowable concentrations of THC in marijuana products from 60% to 70% and scrapping a rule requiring patients to submit biometric information when applying for registry cards. The department is now "in the process of reviewing" the recommendations. Click on the link for more detail and more recommendations.

Washington Senate Passes Republican Bill to Combine Recreational and Medical Marijuana. The state Senate has passed Senate Bill 5052, sponsored by Sen. Ann Rivers (R-La Center). It would combine medical and recreational in a single market, require medical marijuana users to enter their names on a state registry, reduce the number of plants patients could grow from 15 to six, and allow cultivation co-ops only if they are at least 15 miles from a retail store and everyone is on the registry. The bill was opposed by patient advocates. Sen. Jeanne Kohl-Welles (D-Seattle) had offered a competing bill, Senate Bill 5519, but that has not been voted on, and all of her amendments to the Republican bill were voted down.

Opiates

Connecticut Governor to Propose Comprehensive Legislation on Prescription Drug, Heroin Use. Gov. Dannel Malloy (D) will later this month propose legislation that would increase utilization of prescription drug monitoring programs, increase education of doctors prescribing opiates, and increase access to overdose reversal drugs, such as naloxone. Click on the link for more detail.

Kentucky House Passes Heroin Bill; Competing Bill Already Passed Senate. The Republican-led Senate has already passed omnibus heroin legislation, and now the Democratic-led House has passed its own vision of how to combat heroin. The Democratic bill, House Bill 213, would increase both treatment and some punishments, but unlike the Republican bill, would allow for needle exchange. Now, the two bills must be reconciled.

Meth

Indiana Bill Would Require a Prescription for Sudafed. A bill that started out as a measure to bar people with meth convictions from purchasing pseudoephedrine products used as precursors in home meth cooking has now morphed into a bill that would require a doctor's prescription for anyone to purchase such products, which are common in cold medications. Senate Bill 536 is the measure.

International

Russian Anti-Drug Agency to Fall Prey to Budget Crisis. The Federal Drug Control Service is likely to be disbanded because of the country's economic crisis, according to official documents. The agency will shut down on March 1, and its functions will be redistributed among the Health and Interior ministries.

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