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Chronicle AM: DC MJ Arrests Plummet, Senate Passes Veterans MedMj, More (11/11/15)

Decriminalization spreads in South Florida, DC pot arrests hit historic lows, the Senate passes a spending bill that should ease vets' access to medical marijuana, there are calls for the DEA chief's head after he said medical marijuana was "a joke," and more.

Pot arrests are now almost nonexistent in the nation's capital. (wikimedia.org)
Marijuana Policy

Florida's Broward County Adopts Decriminalization Ordinance. County commissioners Tuesday approved an ordinance allowing police to issue $150 citations to people caught with 20 grams or less of marijuana. Violators would also have to complete an assessment/treatment program. The move puts the county, Florida's second most populous, in line with similar moves in Miami-Dade County and Key West.

DC Marijuana Arrests Plummet After Decriminalization, Legalization. Pot arrests are at historic lows in the nation's capital after city officials decriminalized and voters then legalized marijuana possession. Possession arrests peaked at 2,346 in 2011 before declining to 895 in 2014 (only seven of them after the city's decriminalization ordinance took effect in July 2014), and only seven so far for all of this year.

Medical Marijuana

US Senate Approves Bill Allowing Veterans Access to Medical Marijuana. The Senate Tuesday passed the FY2016 Military Construction and Veterans Affairs Appropriations Bill, which includes language that will allow vets to access medical marijuana in states where it is legal. The Veterans Administration had barred VA doctors from issuing medical marijuana recommendations to vets, but this bill will block the VA from spending money to punish vets who use medical marijuana and allow VA doctors to recommend it where it is legal. The language was first approved as an amendment in May; that amendment must now be approved by the House.

Calls for DEA Chief's Head After He Said Medical Marijuana Was "A Joke." Led by Tom Angell at Marijuana Majority, medical marijuana supporters are calling on President Obama to fire DEA Administrator Chuck Rosenberg in the wake of his recent comments calling medical marijuana "a joke." "My mom is a legal patient in Rhode Island, and she uses medical marijuana to deal with the severe pain she experiences from multiple sclerosis," said Angell. "Medical cannabis is no joke to my family or the millions of other American families who have seen its real benefits." Angell has organized a Change.org petition that anyone can sign.

Minnesota Pain Patients Call for Access to Medical Marijuana. Pain patients pleaded Tuesday with Health Commissioner Ed Ehlinger to override a panel of health experts who rejected allowing medical marijuana for chronic pain and allow them to use it. For more than three hours, the commissioner heard from a cavalcade of people who said they wake in pain, spend their days in pain, and spend sleepless nights because of pain. "All of this has been very helpful. It's not going to be an easy task weighing the data, weighing the input, weighing the pros and cons, weighing the risks and benefits," he said. "But that's the job I signed up for. I take it very seriously, both as a physician, as health commissioner and as a person who lives in this state." He has until the end of December to make a decision.

International

Mexican Senator Files Bill to Allow Import of Marijuana Medicines. Sen. Cristina Diaz Salazar (PRI) has filed a bill that would allow patients import marijuana and cannabis derivatives for medical purposes. She said the bill would codify a recent court ruling that granted an 8-year-old girl's parents permission to import cannabis oil to treat her epilepsy.

Chronicle AM: State Dept OK With Legalization Elsewhere, IL MedMj Sales Monday, More (11/06/15)

It's all marijuana-related news today, with medical marijuana sales starting Monday in Illinois, the State Department saying it can live with pot legalization in other countries, the Houston DA implementing a marijuana diversion program, and more.

medical marijuana -- coming next week to Illinois (wikimedia.org)
Marijuana Policy

Bernie Sanders' Measure to End Federal Marijuana Prohibition Has Bill Number Now. The Ending Federal Marijuana Prohibition Act, which the Democratic presidential contender filed Wednesday, now has a Senate bill number. It is S. 2237.

Wyoming Legislators Want to Make Possession of a Pound of Edibles a Felony. The Joint Judiciary Committee will sponsor a bill that would make possession of more than a pound of marijuana edibles a felony. The bill originally aimed to make possession of three ounces a felony (as is the law with marijuana), but lawmakers were persuaded to up the limit to a pound. The bill comes after at least two judges have thrown out cases of edibles possession because they read state law as only addressing felony pot possession in plant form.

Houston DA Offers Diversion Instead of Arrest for Small-Time Marijuana Offenders. Harris County District Attorney Devon Anderson said Thursday that as of January 1, people caught with less than two ounces of marijuana will be offered a diversion program instead of being arrested and jailed. The program could include classes or community service. In the past year, police have been arresting and booking people, then offering them diversion, but now, they will forego the arrest and booking steps.

Medical Marijuana

Illinois Medical Marijuana Sales to Start Monday. Eight dispensaries have been licensed and will be able to sell medical marijuana to registered patients beginning Monday, state medical marijuana program director Joseph Wright said Friday. Some 3,000 Illinoisans have already registered for the program.

New Hampshire Lung Cancer Patient Sues to Get Medical Marijuana Card. Linda Horan, who suffers from late stage lung cancer, has filed a lawsuit against the state health commissioner in a bid to get a medical marijuana card before dispensaries open next year. The state passed a medical marijuana law two years ago, but won't issue patient ID cards until dispensaries are authorized to start selling medical marijuana next year. Horan wants her card issued now so she can obtain medical marijuana in Maine, which will serve patients from other states.

Michigan Medical Marijuana Patients Who Have Been Fired Can Get Unemployment. The state Supreme Court has refused to hear an appeal from the Unemployment Insurance Agency in a case involving people who won unemployment benefits after being fired for medical marijuana use. That means that people who are registered patients who got fired after failing drug tests for marijuana will continue to be eligible for unemployment benefits.

International

US State Department Says Other Countries Can Legalize Marijuana If They Want To. My, how times have changed! Responding to a press question about moves toward marijuana legalization in Canada and Mexico, a State Department spokesman said Thursday they were free to do so. "It's up to the people of each nation to decide policies," spokesman John Kirby said. "And in this case, it's up to the people of Mexico to decide which drug policies are most appropriate for their country within the framework of international law." Kirby added that the US is "firmly committed to the three UN drug conventions," but added that "the conventions allow for a degree of flexibility on how member-states implement their obligations, particularly with respect to drug use, and the conventions anticipate variations in national legal frameworks." The openness to marijuana reform is a marked contrast to the US's historical opposition to such moves, but is consistent with the policy enunciated last year by the head of the department's Bureau of International Narcotics and Law Enforcement Affairs, William Brownfield.

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

Chronicle AM: Sanders End MJ Prohibition Bill, MX Supreme Court Protects MJ Use & Growing, More (11/5/15)

Bernie Sanders makes Senate history with the first bill in that chamber to end federal marijuana prohibition, the DEA head badmouths medical marijuana, the Mexican Supreme Court issues a historic ruling on the human right to use and grow marijuana, and more.

Marijuana Policy

Bernie Sanders Files Bill to End Federal Marijuana Prohibition. Vermont independent senator and Democratic presidential contender Bernie Sanders Wednesday filed legislation in the Senate that would end federal marijuana prohibition by removing -- not rescheduling -- marijuana from the list of federally controlled substances. It is the first bill ever introduced in the Senate to end the federal war on marijuana. The bill, the Ending Federal Prohibition Act of 2015, has not yet been assigned a bill number, but the text is available here. Click on the title link to read our feature story.

Nebraska's Omaha Tribe Voices Support for Legal Marijuana Operations. Members of the Omaha tribe voting in a referendum Tuesday supported moving toward legal marijuana operations on the reservation. Some 78% said they supported medical marijuana, 67% said they supported industrial hemp, and 59% said they supported recreational use. The Omaha tribal council will now vote on all three questions, using the referendum as guidance.

Medical Marijuana

DEA Head Calls Medical Marijuana "A Joke." DEA Administrator Chuck Rosenberg Wednesday rejected smoking marijuana as a medicine. It's "a joke," he said. "What really bothers me is the notion that marijuana is also medicinal -- because it's not," Rosenberg said in a briefing to reporters. "We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don't call it medicine -- that is a joke."

Asset Forfeiture

Wyoming Legislative Committee Waters Down Reform Effort. The Joint Judiciary Committee Wednesday rejected a bill that would have ended civil asset forfeiture in favor of another bill that would require a judge to decide within 30 days whether a seizure was appropriate and to hold a hearing within 120 days. Earlier this year, the legislature passed a bill ending civil asset forfeiture, only to see it vetoed by Gov. Matt Mead (R).

Drug Testing

Wisconsin to Start Drug Testing Welfare Recipients Monday. Drug testing for some welfare recipients begins next week after Gov. Scott Walker (R) signed off on a rule from the Department of Children and Families requiring able-bodied adults to be screened for drug use before seeking benefits. "Employers across the state frequently tell me they have good-paying jobs available in high-demand fields, but need their workers to be drug-free," Walker said in a statement. "These important entitlement reforms will help more people find family-supporting jobs, moving them from government dependence to true independence."

International

Mexican Supreme Court Rules People Have the Right to Grow and Use Marijuana. In a decision that could open the door to pot legalization south of the border, the Mexican Supreme Court ruled Wednesday that individuals have the right to use and grow the plant. The decision does not undo Mexico's marijuana laws, but does open the door for a wave of legal actions that could end in their being rewritten.

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

Bernie Sanders Files Bill to End Federal Marijuana Prohibition [FEATURE]

Vermont independent senator and Democratic presidential contender Bernie Sanders Wednesday filed legislation in the Senate that would end federal marijuana prohibition by removing -- not rescheduling -- marijuana from the list of federally controlled substances. It is the first bill ever introduced in the Senate to end the federal war on marijuana.

Bernie Sanders (wikipedia.org)
The bill, the Ending Federal Marijuana Prohibition Act of 2015, has not yet been assigned a bill number, but the text is available here.

A similar bill was introduced in the House by Reps. Barney Frank (D-MA) and Ron Paul (R-TX) in 2011, but it never went anywhere.

Two years later, Rep. Jared Polis (D-CO) provided a model for the Sanders bill with a bill he proposed in 2013, and reintroduced this year as the Regulate Marijuana Like Alcohol Act (HR 1013), although there are slight differences. The Polis bill would shift authority over marijuana from the DEA to the Bureau of Alcohol, Tobacco and Firearms, while the Sanders bill would not, and the Polis bill would amend federal alcohol laws to include provisions for shipping marijuana, while the Sanders bill would not.

"Just as alcohol prohibition failed in the 1920s, it's clear marijuana prohibition is failing today," Polis said in a statement. "For decades, the federal ban on marijuana has wasted tax dollars, impeded our criminal justice system, lined the pockets of drug cartels, and trampled on states’ ability to set their own public health laws. Today's introduction of the Ending Federal Marijuana Prohibition Act in the Senate is a huge step forward in the movement to enact the commonsense drug laws needed to grow our economy and restore fairness to our justice system."

Sanders filed the bill one week after he first proposed reclassifying marijuana during a campaign speech at George Mason University.

"In the United States we have 2.2 million people in jail today, more than any other country. And we're spending about $80 billion a year to lock people up. We need major changes in our criminal justice system -- including changes in drug laws," Sanders said. "Too many Americans have seen their lives destroyed because they have criminal records as a result of marijuana use. That's wrong. That has got to change."

No other presidential contender, Democratic or Republican, has staked out a position as advanced on marijuana legalization as Sanders, although Congress is proving increasingly receptive to marijuana reform measures.

Several spending amendments aimed at blocking federal pursuit of state-legal marijuana operations have already passed the House and the Senate Appropriations Committee this year, and Senate Republicans have included spending amendments in their recent "minibus" spending package, including measures to bar the DEA from interfering with state medical marijuana laws, bar the Treasury Department from stopping banks from providing services to marijuana business, and to require the Veterans Administration to allow vets to use medical marijuana.

Also, earlier this year, Sens. Corey Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) introduced the CARERS Act (S. 683), which would legalize the medicinal use of marijuana.

The increasing acceptance of marijuana reforms in Congress comes as the American public also increasingly accepts the idea. Public opinion polls now consistently show majority support for pot legalization, including a Gallup poll last month that had 58% for legalization.

Marijuana reformers are liking what they are hearing from the Sanders camp.

"The science is clear that marijuana is less harmful than alcohol, and that should be reflected in our nation's marijuana policy," said Mason Tvert, communications director for the Marijuana Policy Project. "Sen. Sanders is simply proposing that we treat marijuana similarly to how we treat alcohol at the federal level, leaving most of the details to the states. It is a commonsense proposal that is long overdue in the Senate."

"Clearly Bernie Sanders has looked at the polls showing voter support for marijuana legalization," said Michael Collins, deputy director of national affairs for the Drug Policy Action, the political arm of the Drug Policy Alliance. "Marijuana reform was already moving forward in Congress but we expect this bill to give reform efforts a big boost."

Will Congress act to end federal pot prohibition? (wikimedia.org)
"This is the first time a bill to end federal marijuana prohibition has been introduced in the US Senate," said Tom Angell, chairman of Marijuana Majority. "A growing majority of Americans want states to be able to enact their own marijuana laws without harassment from the DEA, and lawmakers should listen. The introduction of this bill proves that the defeat of the Ohio marijuana monopoly measure that wasn't widely supported in our movement isn’t doing anything to slow down our national momentum."

"Many legislators and citizens are still hesitant to move forward with marijuana legalization initiatives in their home states because of the federal ban, which may contradict state law, making both laws difficult to follow or enforce, and making banking transactions all but impossible." said Maj. Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a criminal justice group working to legalize marijuana.

Four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have already legalized marijuana, with another handful expected to do so next year. And 23 states already have medical marijuana laws.

"As more states legalize marijuana for medical or non-medical use the pressure to change federal law will continue to grow," Bill Piper, director of national affairs at Drug Policy Action said. "There is a clear bipartisan majority in Congress for letting states set their own marijuana policies."

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

Double Standard? Marijuana or Hemp? DEA Indian Tribe Raid Raises Questions [FEATURE]

This article was produced in collaboration with AlterNet and will appear at http://www.alternet.org/drugs/.

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (votehemp.org)
The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

Chronicle AM: One Week to OH Vote, DEA Raids Menominee Hemp Grow, Iranians for Legalization???, More (10/27/15)

Menominee tribal officials are scratching their heads after the DEA cut down their hemp crop, Ohio votes on legalization in one week, some new federal sentencing statistics are out, the Iranians may be thinking about legalizing marijuana and/or opium, and more.

Marijuana Policy

A hemp field. Someone needs to sit down and have a talk with the DEA. (votehemp.org)
DEA Raids Menominee Reservation in Wisconsin, Cuts Down Hemp Plants. DEA agents swarmed the reservation last Friday and cut down 30,000 cannabis plants. The tribe says they were hemp plants; the DEA claims they were marijuana plants. Hemp has very low levels of THC, but it is not clear that the DEA actually tested THC levels. In any case, under a Justice Department policy announced last fall, tribes are supposed to be able to grow marijuana on tribal lands, provided they don't fall afoul of Justice Department concerns about out-of-jurisdiction trafficking, dealing to children, organized crime activities and the like.

Both Michigan Legalization Campaigns Have Money in the Bank. According to quarterly financial reports filed Monday, the state's two different marijuana legalization efforts are both pulling in cash, but still have a long way to go on signature gathering. MI Legalize has raised $308,000 and spent $249,000 so far as it seeks to gather some 252,523 valid voter signatures by December. The Michigan Cannabis Coalition has raised $351,000 and spent $284,000. The coalition has temporarily halted signature-gathering, even though it says it is roughly 50,000 signatures short, saying the move is a "strategic decision" and petitioning will soon resume. The coalition effort has until January to turn in signatures. MI Legalize would allow taxed and regulated marijuana sales with a 10% retail sales tax; the coalition effort also legalize, but would rely on the state legislature to set taxes and set licensing requirements.

Ohio Votes on Marijuana Legalization in One Week. The ResponsibleOhio legalization initiative is too close to call a week out from election day. The initiative would legalize marijuana, but only allow 10 commercial marijuana grows allotted to campaign backers. Polls in the past week have shown the race in a dead heat. Stay tuned.

Medical Marijuana

Change.org Petition for the Kettle Falls Five. Prosecuted as marijuana traffickers for growing medical marijuana for their own use in a state where marijuana is legal, three of the Kettle Falls Five were sentenced earlier this month to federal prison. The petition here seeks "immediate orders of commutation and remission of jail time and fines for Rolland Gregg, his wife Michelle Gregg, and his mother Rhonda Firestack-Harvey. We seek complete pardons of their convictions so that they are no longer considered felons. Allow them to return to being the productive members of society they were, before this ordeal began." Click on the link to add your signature.

Sentencing

More Than Half of Federal Drug Prisoners Are Doing Time for Cocaine. A new report from the Bureau of Justice Statistics reveals that, as of 2012, 54% of federal drug war prisoners were sentenced for cocaine offenses. Then came meth at 24%, marijuana at 12%, and heroin at 6%. The vast majority (88%) of crack offenders were black, while more than half (54%) of powder cocaine offenders were Hispanic. More than half (59%) of marijuana offenders were Hispanic. Among meth offenders, it was 48% white and 45% Hispanic. One-quarter (24%) of all drug offenders were not US citizens. Click on the link to read the report.

International

Could Iran Be the Next Country to Legalize Marijuana or Opium? A prominent Iranian official has suggested as much. Saeed Sefatian, who made the remarks, is head of the working group for drug demand reduction in the country's Expediency Council, which is largely influential in the country's drug policies. Click on the link for more.

Medical Marijuana Update

A California federal judge has told the Justice Department to butt out of state-legal marijuana businesses in a case involving the Marin Alliance for Medical Marijuana, the Brookings Institution has a new report on the feds stifling research, ASA has a new report on the beneficial impacts of dispensaries, and more.

National

Last Thursday, ASA released a report on the impact of dispensaries on communities. Americans for Safe Access released a report, Where Will Patients Obtain Their Medicine?, that shows dispensaries do not bring elevated crime rates or other social ills, but do bring economic opportunity and provide access to medicine for patients. "The research shows that well-regulated dispensaries are responsible neighbors and valued members of the community," said Steph Sherer, ASA's executive director. "They bring jobs and increased economic activity while providing patients suffering from serious illnesses with an essential physician-recommended medicine. Creating equitable rules for medical cannabis access is a win-win scenario for everyone in a community."

On Tuesday, a Brookings Institution report accused the federal government of stifling medical marijuana research. Researchers at the liberal think-tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California

On Monday, a federal judge ruled that the feds can't shut down state-legal marijuana businesses. US District Court Judge Charles Breyer ruled that the Justice Department is barred from prosecuting with marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Kansas

Over the weekend, the Silver Haired Legislature renewed its push for medical marijuana. The Silver Haired Legislature, which advocates for senior citizens, is again calling on the legislature to pass medical marijuana. At a meeting earlier this month in Topeka, the group adopted three proposed bills it will push to see passed in the next term. Click on the link for more details.

New Jersey

Last Wednesday, the state got its fifth dispensary. The state Health Department said then it had issued its final permit for Breakwater Treatment and Wellness, a dispensary in Cranston.

New York

Last Thursday, the Seneca Nation was moving toward allowing medical marijuana. The Seneca Nation of Indians is preparing to vote early next month on whether to authorize the National Council to start drafting laws and regulations to govern medical marijuana. The vote would be only a first step toward the tribe getting in the medical marijuana business. The Justice Department opened the door for tribes to get involved in pot operations with a memo last fall.

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

Chronicle AM: Federal Sentencing Reform Advances, OH Legalization Init in Dead Heat, More (10/22/15)

It's nail-biting time for marijuana legalizers in Ohio -- and for different reasons in California -- the Obama administration rolls out new measures to deal with heroin and prescription opiates, a federal sentencing reform bill advances, and more.

The Senate Judiciary Committee has approved a sentencing reform bill. (nadcp.org)
Marijuana Policy

Billionaire Philanthropist Sean Parker Circulating California Legalization Initiative Draft. Napster cofounder and early Facebook president Sean Parker has a team of lobbyists and political consultants circulating a draft legalization initiative this week. The move comes as the state's legalization effort is in turmoil, with state activists organized as ReformCA having drafted their own initiative, only to see national reform groups, such as the Drug Policy Alliance and Marijuana Policy Project, drift away. Click on the link for all the juicy details.

Another Ohio Poll Has Legalization Initiative in Dead Heat. A second poll this week has found the ResponsibleOhio legalization initiative race "too close to call." A new Bowling Green State University poll has the initiative supported by 44.4% of "likely voters," with 42.9% opposed. Among "definite voters," the measure does a bit better, getting 46% support, with 45% opposed and 9% undecided. Earlier this week, a University of Akron Buckeye poll had voters evenly split at 46%.

Heroin and Prescription Opiates

Obama Announces New Steps to Combat Heroin and Prescription Drug Abuse. The administration announced Wednesday that it is moving to increase access to drug treatment and to expand the training of doctors who prescribe opiates in a bid to fight high levels of heroin and prescription opiate use. The plan includes doubling the number of doctors who can prescribe the maintenance drug buprenorphine. The administration has a "sense of urgency that we at the federal level can do more to address this issue," said ONDCP head Michael Botticelli. Click on the link for much more.

Sentencing

Senate Judiciary Committee Approves Sentencing Reform and Corrections Act. The committee today voted 15-5 to advance the bill, S. 2123, which would reduce mandatory minimum drug sentences, expand the federal "safety valve," expand early release and reentry programming, and make other sentencing reforms retroactive.

International

Capture of Gulf Cartel Leader Sparks Weekend of Violence in Matamoros. The mayor of the Mexican border city just across the Rio Grande River from Brownsville, Texas, has warned residents to exercise caution and stay indoors after the arrest last Friday of a Gulf Cartel leader sparked a weekend of clashes between security forces and cartel gunmen. Prado "El Ciclon 7" Rodriguez, the cartel's Matamoros boss, was captured Friday morning, with traffic blockades and gunfights breaking out that same day and continuing through the weekend.

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

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

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

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

Asset Forfeiture

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

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

Drug Testing

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

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

International

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

Chronicle AM: Canada Election Should Bring MJ Legalization, Ohio Init in Dead Heat, More (10/20/15)

Canada's Liberals have vowed to legalize marijuana, and now they've just won the election; the Ohio pot legalization initiative looks like it will be a squeaker, a federal judge rules in favor of marijuana businesses in legal states, and more.

Marijuana Policy

New Poll Has Ohio Legalization Initiative in Dead Heat. A University of Akron Buckeye poll released today has the ResponsibleOhio legalization initiative at 46%, with 46% opposed and 8% undecided. But the poll also had 53% of respondents saying the initiative is a "bad idea" because it would grant an oligopoly on commercial marijuana growing (to the investors who funded the initiative). On Issue 2, an initiative aimed at invalidating initiatives that grant private inurement including by monopoly or oligopoly, 40% said they were in favor, 27% were opposed, and 32% were undecided. The election is two weeks from today. A Kent State University poll last week had the legalization initiative at 56%. Click on the link for more demographic and methodological information on today's poll.

Medical Marijuana

Brookings Institution Report Says Federal Government Stifles Medical Marijuana Research. Researchers at the think tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California Federal Judge Rules Feds Can't Shut Down Legal Marijuana Businesses. US District Court Judge Charles Breyer ruled Monday that the Justice Department is barred from prosecuting marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extend that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Asset Forfeiture

Former Dallas DA Accused of Misusing Asset Forfeiture Funds. Former Dallas County DA Craig Watkins is accused of spending asset forfeiture money for personal use, according to an audit expected to be released today. The audit shows that Watkins spent the money on everything from cell phone bills to travel expenses to the sponsorship of a football league. Seized funds paid for more than $50,000 worth of cell phone bills, and Watkins spent another $71,000 on public service announcements, other promotional activities, legal fees, and travel.

Drug Testing

West Virginia Senator Expresses Support for Drug-Testing Public Housing Residents. Sen. Joe Manchin (D) told the West Virginia Council of Churches Monday that he supported drug testing public housing residents. He said he got the idea from schoolchildren with addicted parents. Drug testing public housing residents is "something that we have to consider," he said. Courts have previously struck down similar testing programs, viewing them as illegal, warrantless searches.

International

Canada's Liberals Sweep to Victory -- With Marijuana Legalization in Platform. Led by Justin Trudeau, Canada's Liberal Party swept to a strong victory in Monday's elections. The Liberals won 184 seats. They only needed 170 seats to form a majority in the 338-seat lower chamber. The Liberal platform included, among other things, marijuana legalization: "We will legalize, regulate, and restrict access to marijuana," the platform states. Marijuana prohibition doesn't prevent youth use, causes socially disruptive and expensive arrests, and supports organized crime, the statement adds. "We will remove marijuana consumption and incidental possession from the Criminal Code, and create new, stronger laws to punish more severely those who provide it to minors, those who operate a motor vehicle while under its influence, and those who sell it outside of the new regulatory framework."

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