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Chronicle AM -- July 8, 2014

There are now two states where marijuana can be legally sold to adults, Marc Emery's time in America's drug war gulag comes to an end, two senators file the REDEEM Act for ex-offenders, there may be magic in those mushrooms, and more. Let's get to it:

Marc Emery is about to leave the land of the living dead and rejoin his wife, Jodi, back home in Canada. (wikimedia.org)
Marijuana Policy

Washington State Retail Marijuana Sales Began This Morning. The first legal recreational marijuana sales in Washington occurred shortly after 8:00am today, when a visitor from Kansas bought two grams of pot for $26.50 at Top Shelf Cannabis in Bellingham. The state has authorized up to 344 retail marijuana outlets, but only a handful are open today, and there are worries about legal marijuana shortages as well. Stay tuned as Washington treads down the path of pot legalization.

Canadian "Prince of Pot" Marc Emery Gets Out of US Prison Tomorrow. The five-year legal martyrdom of Canadian marijuana legalization gadfly Marc Emery is about to come to an end. Emery will leave federal prison tomorrow after serving a sentence for selling marijuana seeds to customers in the US. He won't get back home to Canada immediately; there is some red tape involved that will keep him in the US for several more weeks, but we fully expect Emery to take up where he left off in terms of relentless activism -- once he has had a chance to reunite with his stalwart wife, Jodi.

New York Fairness and Equity Act Seeks to End Marijuana Arrests, Fix Loopholes in State Law. Elected officials, community groups, and activists will rally Wednesday at New York City Hall to announce the introduction of the Fairness and Equity Act. The bill is designed to end mass, racially-biased marijuana possession arrests by fixing the state's decriminalization law to eliminate the difference between private and public possession, creating a process for those arrested under the current law to clear their records, and reducing the harms of collateral consequences of pot possession arrests. The bill is not yet available on the state legislative web site. Click on the link for more details.

Medical Marijuana

San Jose Collectives, Dispensaries Fight Looming Shut-Downs With Referendum Effort, Thursday Protest. The city of San Jose has recently passed an ordinance that will result in the forced closure of more than 70 collectives and dispensaries, and the industry is fighting back. There is a petition drive underway to stop the city from shuttering the businesses, and there will be a rally throughout Thursday afternoon at city hall. Stay tuned.

San Diego Sheriff's Office Returns Marijuana to Raided Dispensary. Sheriff's office officials have handed back 20 pounds of marijuana, as well as grow equipment, seized in a raid last year from the SoCal Pure Collective in North County. The legal case against the collective was dropped in April, and a judge ordered all the confiscated goods returned. But collective operator Laura Sharp still fumes over the raid itself, a paramilitarized exercise of police power aimed at patients and providers. "I don't think that we needed to have assault rifles held to our heads. I think we could have been served paperwork," she said.

Psychedelics

Study Finds Magic Mushrooms Open Strange Brain State, Could Unlock Permanent Shifts in Perspective. A study published in the journal Human Brain Mapping has found that psychedelic mushroom compounds may be opening brain states usually experienced only in dreams and suggests that their use may have permanent positive effects on the brain. This could open the door for more research on the use of psychedelics as a treatment for disorders such as depression and anxiety. Click the study link for more details.

Reentry and Rehabilitation

Senate Odd Couple Introduce REDEEM Act to Assist Ex-Cons with Re-Entry. New Jersey Democratic Sen. Cory Booker and Kentucky Republican Sen. Rand Paul will today introduce the REDEEM Act, which aims to assist formerly incarcerated people with reentering society in a productive manner. The bill would, among other things, help seal conviction records and eliminate barriers to reentry, employment, and public assistance. The bill is not yet up on the congressional web site.

International

Applicants Sought for Two-Week London Fellowship on West Africa Drug Policy Reform. The Open Society Foundation is seeking applicants for a West African fellowship on drug policy reform. The two-week program is set to take place in London in October, 2014, and will be hosted by the drug policy organization, Release. Those interested in the program are encouraged to apply by visiting the link here for more details. You have until July 31 to apply.

Conference on Marijuana Regulation in London Later This Month. A Cannabis Conference will be held July 23 at the House of Lords in London. It is supported and sponsored by Baroness Meacher, the chair of the All Party Parliamentary Group on Drug Reform Policy. Click on the link for more details.

Dominican Prime Minister Wants Review of Marijuana Laws. Dominican Prime Minister Roosevelt Skerrit told a press conference Tuesday that the time has come to review the country's marijuana laws. "We believe the time has come for us to look at the laws relating to marijuana, for example someone with a very small quantity of marijuana, we will send him to prison, and the question is, if a man has five grams of marijuana should this person be sent to prison for that small amount and that person would have a criminal record for the rest of his life," Skerrit said. His remarks come as CARICOM convenes a commission to study marijuana law reform in the region.

DC Marijuana Initiative Hands in Plenty of Signatures [FEATURE]

It now looks extremely likely that the residents of the nation's capitol will vote in November on whether to legalize the possession and cultivation of small amounts of marijuana. Representatives of the DC Cannabis Campaign legalization initiative handed in some 58,000 signatures Monday morning, and they only need some 25,000 valid voter signatures to qualify for the ballot.

outside DC election headquarters (drugpolicy.org)
Signature-gathering experts generally expect to see something between 20% and 30% of signatures handed in deemed invalid. For the DC initiative to fail to qualify, the invalidation rate would have to be above 50%.

The measure will be known as Initiative 71 once it officially qualifies for the ballot.

The District of Columbia isn't the only locale where marijuana legalization is almost definitely going to be on the ballot this fall. An Alaska legalization initiative has already qualified, and organizers of an Oregon legalization initiative just last week handed in more than 145,000 signatures, nearly twice the 88,000 valid voter signatures needed to qualify.

Colorado and Washington led the way on marijuana legalization, with voters in both states passing legalization initiatives in 2012. DC, Alaska, and Oregon all appear poised to join them in November.

In DC, campaigners will emphasize the racially disparate impact of marijuana prohibition. In 2010, black people accounted for 91% of marijuana arrests, even though they now account for less than half the city's population. The District is also currently saddled with the highest per capita marijuana arrest rates in the nation.

The DC initiative is not a full-blown legalize, tax, and regulate measure. It would allow people 21 and over to possess up to two ounces of marijuana and cultivate six plants at home. But District law prevents initiatives from addressing budgetary issues, which precludes the initiative addressing the tax and regulate/marijuana commerce aspect of legalization. But the DC city council currently is considering a tax and regulate bill to cover that.

boxes of signature petitions ready to go (drugpolicy.org)
The city council passed a decriminalization bill that goes into effect shortly, but advocates argued based on other decrim laws in the states that alone is not enough to change police practices. They noted that in Colorado and Washington, where actual legalization is in effect, marijuana arrest rates have dropped dramatically. Those declines not only save millions in tax dollars; they also save thousands of people from the legal and collateral consequences of a pot bust.

After handing in signatures this morning, key players in the initiative gathered for a noon tele-conference.

"In just a few weeks, DC's groundbreaking decriminalization law goes into effect," said Bill Piper, national affairs director for the Drug Policy Alliance, which is supporting the initiative. "But decriminalization is just the first step. Today, the DC Cannabis Campaign turned in enough signatures to put Initiative 71 on the ballot."

"Last week, the US celebrated the 50th anniversary of the signing of the Civil Rights Act," noted Dr. Malik Burnett, recently brought in as DC policy manager for the Drug Policy Alliance. "Drug policy reform is the civil rights issue of this century. Prohibition isn't working, and it is leading to poor outcomes, especially in communities of color. We definitely applaud the city council for getting decriminalization done, but in other jurisdictions with decriminalization, we continue to see a large number of racially biased arrests. If we look at jurisdictions that have legalized, arrest rates for small amounts of marijuana are down 75%."

"Today is a big day in this effort," said Councilmember David Grosso, sponsor of the Tax and Regulate Marijuana Act of 2014. "It looks like it will be on the ballot this fall, and I'm confident that people here in DC will vote to legalize marijuana. The people have been in the forefront of this for a long time, starting with medical marijuana back in 1998."

Grosso said he sponsored the tax and regulate bill because of the failures of prohibition.

"I'm a strong believer that the war on drugs has been a failure," he said. "We need to move beyond putting people in jail for marijuana and non-violent offenses. But once we legalize it, it's important to regulate it in a way that is responsible for the District, which is why I introduced the tax and regulate bill. It has to go through a couple of committees, but we're a full-time legislature and could have it done by the end of the year. If not, I will reintroduce it next year."

"This initiative is very different from the other efforts," said DC Cannabis Campaign chair and long-time DC political gadfly Adam Eidinger. "It's very focused on the consumer, how we can keep them out of jail and give them a supply without creating a marketplace. This is looking at the rights of the individual and letting them produce their own at home. This by itself isn't full legalization -- Grosso's bill is the complete picture, but we can't put that on the ballot, so we did the next best thing to enshrine the rights of the consumer," he explained.

"We already passed home cultivation for medical marijuana in 1998, and many us were demanding from the city council that we actually get home cultivation as part of medical," Eidinger noted. "Their failure to do so has fueled the interest in pushing this forward. Medical marijuana is not the destination for every user, nor is decriminalization. The goal is to stop the bleeding, to stop arresting four or five thousand people here every year. My goal is take marijuana arrests down to zero," he said.

DC election workers start validating signatures. (drugpolicy.org)
"I want to note that I am also the social action director for Dr. Bronner's Magic Soaps, a major backer which provided money to get this off the ground," said Eidinger. "We've raised and spent at least $150,000 and we hope to raise another $100,000 between now and election day. A lot of these initiative campaigns are fueled by business interests, but we're not offering a retail outlet as the end result of the initiative. It's a little more difficult to raise money when it's about civil rights -- not making some business person rich."

Even if the initiative makes the ballot and passes, there is still an outside chance that congressional conservatives will seek to block it. That's what happened with the 1998 medical marijuana initiative, which Congress didn't allow to go into effect for more than a decade.

Similar moves are already afoot over the District's yet-to-go-into-effect decriminalization law. A Maryland congressmen and physician, Rep. Andy Harris (R), has already persuaded the House Appropriations Committee to approve a rider to the DC appropriations bill that would block implementation of the decrim law. But that measure still has to be approved by the House as a whole, and then by the Senate.

If that were to happen, it wouldn't be without a fight.

"The Drug Policy Alliance and the DC Cannabis Campaign look forward to working with members of the city council to expand on Initiative 71 to develop tax and regulate centered around the idea of racial justice," said Dr. Burnett. "The first step is passing 71 to show the will of the people, followed by legislation from the city council. That combination will show Congress that DC residents are serious about reforming their drug policies, and Congress will respect DC home rule."

Dr. Burnett also had some advice for Dr. Harris, the Republican congressman trying to block DC marijuana reforms.

"I would encourage Dr. Harris to take a continuing medical education class on cannabis and to see the reports from the Centers for Disease Control and the National Institutes on Drug Abuse that teen marijuana use is flat and to understand that the health outcomes associated with incarceration are much worse than those associated with cannabis use," he said.

According to recent polls, support for legalizing marijuana in the District is around 60%. If the initiative actually makes the ballot, it has a very good chance to win in November. And if it wins in November, congressional conservatives will have to explain why DC residents aren't good enough for direct democracy, or get out of the way. And the following spring could see a thousand flowers bloom in the nation's capital.

Washington, DC
United States

Chronicle AM -- July 3, 2014

The Afghan poppy trade is spilling over into Central Asia, legal marijuana goes on sale in Washington state on Tuesday, Georgia holds off on welfare drug testing, a California sentencing reform bill is now one vote away from passage, and more. Let's get to it:

Central Asian countries are getting in on the Afghan drug trade, according to a new report. (unodc.org)
Marijuana Policy

Retail Marijuana Sales Begin at Noon Tuesday in Seattle. The first legal retail marijuana sale in Seattle will take place at noon Tuesday, the owner of Cannabis City says. But the first pot sold legally in Washington state may actually be purchased in Bellingham, where Top Shelf Cannabis says it will be open at 8:00am.

DC Mayor Calls for 4th of July Boycott of Maryland Shore to Protest Congressman's Move to Mess With City's Decriminalization Law. DC Mayor Vincent Gray (D) is joining DC activists in calling for city residents to not spend their holiday weekends in Ocean City or St. Michaels, Maryland. That's the area represented in Congress by Rep. Andy Harris (R-MD), who authored a successful amendment to a House budget bill that would effectively overturn the District's decriminalization law. DC residents who want to enjoy the beach should instead go to Rehoboth Beach, DE, or Chincoteague Island, VA, instead, Gray suggested.

Medical Marijuana

North Carolina Governor Signs Limited Low-THC, High-CBD Medical Marijuana Law. Gov. Pat McCrory (R) has signed into law a bill that will allow people suffering from certain epilepsy conditions to use cannabis extracts containing less than 0.3% THC and more than 10% CBD. But only neurologists in a pilot study may recommend it.

Drug Testing

Georgia Governor Holds Off Welfare Drug Testing. Gov. Nathan Deal (R) has announced that even though a new law to drug test welfare recipients went into effect Tuesday, he will delay implementing it until a federal appeals court rules on a similar Florida law. But the Florida law mandates suspicionless mandatory drug testing, while Georgia's law, House Bill 772, only requires drug testing upon suspicion of drug use, so some critics are wondering if something else is at play. The Georgia law also had a food stamp applicant drug testing provision, but that part has already been nullified by the US Department of Agriculture, which runs the food stamp program.

Sentencing

California Fair Sentencing Act Wins Final Assembly Committee Vote. The California Fair Sentencing Act (Senate Bill 1010) was approved by the Assembly Appropriations Committee on a 12-3 vote Wednesday and now heads for an Assembly floor vote. Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill would correct the sentencing and other disparities between crack and powder cocaine. The bill has already been approved by the Senate.

Law Enforcement

US Indicts Three Peruvian Shining Path Leaders on Drug, Terrorism Charges. Three leaders of the Peruvian Shining Path guerrilla group have been indicted in New York on drugs, weapons, and terrorism charges. They are accused of cocaine trafficking and committing terrorist acts against Peruvian -- not American -- civilians and military personnel. They are Florindo Flores Hala, also known as Comrade Artemio, and Victor and Jorge Quispe Palomino. Flores Hala is in custody, but the Quispe Palomino brothers are not. Among other things, they are charged with providing material support to a terrorist organization, i.e. themselves.

ACLU Sues Massachusetts SWAT Teams for Refusing to Release Public Records. The ACLU of Massachusetts has filed a lawsuit against SWAT teams in the state after they refused to release records sought in a freedom of information request. The SWAT teams are making the novel legal argument that they are not required to comply because the law enforcement councils that operate them are not public entities, but private, not-for-profit groups. Click on the link for a lengthy article on the issue.

International

Afghanistan's Central Asian Neighbors Complicit in Drug Trade, Report Says. About the only substantive cooperation between Afghanistan and its Central Asian neighbors comes in turning a blind eye to the opium and heroin trade, according to a new report from Afghanistan Analysts. The report is Between Cooperation and Insulation: Afghanistan'sa Relations With the Central Asian Republics.

Chronicle AM -- July 2, 2014

The Louisiana State Bar goes where the state legislature wouldn't, the Florida medical marijuana initiative gets a big cash donation, the CDC issues an eye-opening report on opioid prescribing, some Vancouverites celebrate Canada Day with an illegal open marijuana market, and more. Let's get to it:

According to the CDC, 46 people a day die of prescription opiate overdoses. (wikimedia.org)
Marijuana Policy

Iowa State NORML Sues School Over Ban on Use of Marijuana Image. ISU NORML yesterday filed a lawsuit against the university charging that administrators violated its First Amendment rights by blocking the group from using the university's mascot on their t-shirts because the t-shirts also included a marijuana leaf. The "overbroad" trademark decision effectively censors the group's goal of "challenging the orthodoxy that marijuana use should be prohibited." The university initially approved the design, but withdrew approval after getting negative feedback from the public.

Louisiana State Bar Backs Marijuana Reform. The Louisiana State Bar Association has approved a resolution backing efforts to classify simple possession of marijuana as a misdemeanor, rather than a felony. An effort to pass a similar bill failed this year in the state legislature.

Medical Marijuana

John Morgan Kicks in Another $4 Million for Florida Initiative. Prominent Florida attorney and Amendment 2 initiative backer John Morgan has contributed another $4 million of his own money to ensure the medical marijuana initiative wins in November. Because the initiative is a constitutional amendment, it needs 60% of the vote to pass.

New Jersey Legislator Files Medical Marijuana Fix Bill. Assemblywoman Linda Stender (D-Union) has filed a bill to fix the state's medical marijuana program, which she describes as "broken." The bill would allow patients to grow their own supplies, remove caps on the number of dispensaries, expand the list of qualifying diseases, and remove some of the law's most rigid provisions. The bill is not yet available on the legislature's web site.

High Support for Medical Marijuana in Pennsylvania Poll. The latest Franklin & Marshall College Poll has support for medical marijuana at 84% in the Keystone State. That's up three points over the same poll six months ago, and up eight points from eight years ago. A medical marijuana bill is currently pending in the state Senate.

In Massachusetts, No Tax on Medical Marijuana -- Yet. Legislators in Boston Tuesday voted not to approve taxes on medical marijuana, but instead to send the proposal to study, which generally means it's dead. The vote came in the Revenue Committee.

Prescription Drugs

New CDC Report on Opioid Prescribing. A new Centers for Disease Control and Prevention (CDC) report, Opioid Painkiller Prescribing: Where You Live Makes a Difference, finds that Americans were prescribed 259 million bottles of opioid pain relievers in 2012, but that there is great regional variety in levels of pain reliever prescribing. Doctors in Alabama, for example, wrote opioid prescriptions at a rate three times higher than those in Hawaii. The highest prescribing rates are generally in the Deep South and the Appalachian Midwest. Forty-six people die every day from prescription opioid overdoses, but efforts to restrict access to opioids in some states have managed to lower deaths. The report did not address the the possible impact of such restrictions on undertreatment of pain.

International

Australian Octogenarian Drug Reformer Named Victorian of the Year. Professor David Penington, 84, who has called for marijuana and ecstasy to be legalized and who heads a committee advising the Victoria state government on drug policies, has been named Victorian of the Year at a national ceremony in Melbourne. "At the age of 84 I was really looking forward to genteel disappearance from the scene," he said, adding that he would use his new honor to continue to push for drug refom. "The reality is that prohibition just hasn't worked for 100 years and the problems are getting worse," Professor Penington said. "We've got to find better ways to handle illicit drugs."

Canada Day Marijuana Street Market in Vancouver Goes Unimpeded. As our northern neighbor celebrated its national holiday yesterday, a street market outside the Vancouver Art Gallery offered up hash brownies and fudge, as well as dime bags and joints of BC bud, despite such acts being illegal. Vendors said the market was a protest "to legalize marijuana." A Vancouver police officer watching the scene from his bicycle said he was there in case anyone needed help, but that police would not stop anyone from selling marijuana.

An Industry Emerges: The NCIA Cannabis Business Summit in Denver [FEATURE]

The exhibition hall in the Denver Convention Center last week was a wonder to behold. Automated, high-capacity marijuana trimming machines. Industrial strength cannabis oil extraction devices. Marijuana real estate specialists. Marijuana accountants. Marijuana attorneys -- real estate, intellectual property, contracts. Marijuana consultants. Marijuana investment advisers. Point-of-sale marijuana sales tracking systems. Chemical testing companies. Vaporizer sellers. Odor-proof bag producers. Automated rolling machine makers. Anything and everything to do with the business of legal marijuana. All in a high-gloss trade show environment.

It was the National Cannabis Industry Association's (NCIA) Cannabis Business Summit, which brought more than 1,200 registrants to the state capital that for now at least is also the capital of legal marijuana. And it represents a new phase in the evolution of marijuana policy.

This is not your father's marijuana movement. There were lots of men in dark suits and ties, lots of women in snappy professional attire. A few dreadlocks here and there, but only a few. And nary a tie-dye to be found. There wasn't a whole lot of talk about how "We have to free the weed, man;" although social justice including ending prohibition came. up. There was a whole lot of talk about business opportunities, investment strategies, and how to profit from crumbling pot prohibition, as well as the dangers and pitfalls facing would-be entrepreneurs in an industry still illegal under federal law.

The legal marijuana industry has been bubbling up for awhile now, building from the quasi-legalization that is medical marijuana in Wild West California and the more regulated, but still thriving medical marijuana industry in states like Colorado, Oregon, and Washington. In the past decade or so, the High Times Cannabis Cup has evolved from a November trip to Amsterdam to a virtual traveling circus of all things pot-related. And marijuana trade expos have drawn crowds in the tens of thousands.

But one can reasonably argue that last week's Cannabusiness Summit represents the maturation of marijuana as an All-American business opportunity. With Colorado this week beginning to accept applications from people who don't represent medical marijuana dispensaries (for the first six months of commercial legalization, only operating dispensaries could apply) and Washington state set to see its first retail marijuana operations next week, the era of legal marijuana is truly upon us. And it's likely to continue to expand, with Alaska, Oregon, and Washington, DC, poised to join the ranks of the legalizers after elections later this year.

Talking up the product in the exhibition hall.
The Cannabis Business Summit was, unsurprisingly, mainly about the nuts and bolts of operating a legal marijuana business. It could have been any industrial trade show and conference, except this was about weed. Panels covered topics such as "Grow 101: Cultivation Facility Build-Out and Management Best Practices," "Advanced Cultivation: Scalability, Sustainability, and Growth Management," "Protecting Your Investment: Risk Management and Insurance for the Cannabis Industry," and "International CannaBusiness Opportunities." And that was just session one of day one.

Marijuana is an industry on a roll, and the NCIA can point to its own success as exhibit one.

"We now have over 600 marijuana business members, and that has doubled since January," said NCIA founder and executive director Aaron Smith in a keynote speech. "When Steve Fox and I started the NCIA in 2010, we had 20 members. Investors and entrepreneurs are rushing into this new space."

That, in turn, is allowing NCIA to expand its operations, Smith said.

"We're seeing more experienced business people because they understand what a trade association is," Smith explained. "So we've been able to staff up, we have a full-time DC lobbyist, which is a first for the industry, and we've already contacted every congressional office on the Hill and had sit-down meetings with half the House offices and 30 Senate offices. We're also attending campaign fundraisers on behalf of the NCIA."

Although the conference was all about business, Smith made clear that the NCIA had not forgotten that these business opportunities have come about because of a decades-long movement for social justice and human liberation around marijuana policy.

"We have to acknowledge those who came before us," he told his audience of businesspeople. "Before we were an industry, we were a movement, and we are still a social movement. The growth of this new industry will drive the final nail in the coffin of marijuana prohibition, so that no one is put in a cage for using a beneficial, extremely therapeutic herbal product ever again."

NCIA executive director Aaron Smith gives a keynote address.
The industry has to put its best face forward, Smith said.

"We are still under scrutiny, the world is watching Colorado and Washington, as well as the medical marijuana states, and we have to lead by example," he said. "Be a good neighbor and corporate citizen. Reach out to neighborhood associations and work with them. Contribute to the community. Be a model citizen. Be professional. Don't use marketing you wouldn't want your mother to see."

Smith wasn't the only NCIA officer to warn the industry it needed to watch its step. NCIA deputy director Taylor West had more words of wisdom in a session on marketing and communications.

"This is a cultural movement in the midst of an enormous wave, and we have the opportunity to define an idea on the rise, to be responsible, and to do the education around that," she said. "We are building an industry from scratch, and we have to take this opportunity to make this an industry that's not like every other industry."

That requires some maturity within the industry, the communications specialist said as she displayed tacky advertising images of scantily clad women covered in marijuana buds.

"Responsible branding is important," West noted. "Don't screw it up for everybody. We don't have a rock-solid foundation, and we're still very vulnerable from a public opinion and policy standpoint. Don't market to children and don't market like children," she said. "We're like the wine industry or craft beers or wellness. No one is ever drunk in a wine commercial. And," she said, pointing to the tacky ads, "don't alienate half the population."

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the summit
There are many issues facing the nascent marijuana industry, but both the conference agenda and the talk in the corridors made it clear that the federal tax issue takes center stage. Under current federal law, marijuana remains illegal, and that means marijuana businesses cannot take standard business tax deductions under an Internal Revenue Service (IRS) provision known as 280E.

"This law must be changed, and this law can be changed. If Obama won't do it, we will do it for them," said marijuana tax attorney Henry Wykowski before heading deep into the weeds in a discussion of the intricacies of dealing with 280E.

"There is legislation to address this," said NCIA Capitol Hill lobbyist Mike Correia, pointing to Rep. Earl Blumenauer's (D-OR) House Resolution 2240, the Small Business Tax Equity Act of 2013.

But it's unlikely to go anywhere anytime time soon, Correia said. The congressional bill tracking service GovTrack.us agrees, giving the bill zero percent chance of passage this session.

"This is sitting in Ways and Means," Correia explained. "It's a Democratic bill in a Republican-controlled House, and the committee chairman is not a fan."

There is one back-door possibility for moving the bill, though, the lobbyist said.

"Every few years, the Congress addresses aspiring tax breaks," he noted. "They usually pass it in the middle of the night when no one is watching. I hope to have 280E provisions inserted into a bigger tax bill, but we need to get Republicans to support it. The Ways and Means members are not from marijuana-friendly states, so it's hard to get traction, but next year, Paul Ryan (R-WI) will be chair, and he could be more responsive."

The nascent marijuana industry has other issues, of course, but the Denver conference was a strong signal that the marijuana movement is indeed mutating into a marijuana industry. The power of American entrepreneurialism is very strong, and it looks like it's about to run right over the remnants of marijuana prohibition.

But the industry needs to remember that while we now have legal marijuana in two states, there are still 48 states to go. For people in Alabama or South Dakota or Utah, for example, the issue is not how much money you can make selling marijuana (or marijuana-related products or services), but the criminal -- and other -- consequences of getting caught with even small amounts. If the industry is indeed the movement, it needs to be putting its money where its mouth is to finish the work that remains to be done.

Denver, CO
United States

Chronicle AM -- July 1, 2014

July 1 sees new drug-related laws and regulations going into effect in various places, a University of Arizona researcher falls victim to anti-medical marijuana politics, Massachusetts is cracking down on caregivers, Ohio activists give up on a medical marijuana (and hemp) initiative this year, and more. Let's get to it:

Legal marijuana purchaser eyes the products on offer. (Sandra Yruel/Drug Policy Alliance)
Marijuana Policy

Colorado Marijuana Legalization Enters New, Expansive Phase. As of today, any state resident can apply to open a marijuana retail outlet in Colorado. Until now, only owners of already existing medical marijuana dispensaries could apply. It is expected that this new phase of the state's marijuana legalization experience will add hundreds of new marijuana-related businesses in the state.

Berkley, Michigan, Decriminalization Petitioners Hand in Signatures Today. Campaigners for a municipal decriminalization initiative in Berkley plan to turn in 700 signatures today. Berkley is one of about 20 Michigan towns where Safer Michigan is working to get similar initiatives on the ballot for either the August or November elections. Local ordinances that ease penalties for possessing marijuna already are on the books in Ann Arbor, Detroit, Ferndale, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing and Ypsilanti.

Medical Marijuana

University of Arizona Fires Medical Marijuana Researcher. The University of Arizona has abruptly fired Dr. Suzanne Sisley, who months earlier had received approval from the federal government to study the effects of medical marijuana on people suffering from PTSD. Now, her research is in jeopardy, and she is blaming state legislators who threatened university funding after her research plans made the news. "This is a clear political retaliation for the advocacy and education I have been providing the public and lawmakers," Sisley said. "I pulled all my evaluations and this is not about my job performance."

Massachusetts Crackdown on Caregivers. The state Department of Public Health has sent letters to more than 1,300 patients and 17 caregivers warning that state regulations bar caregivers from selling marijuana to more than one patient. Caregivers are the only legal avenue for patients to buy medical marijuana until dispensaries open, and that won't happen until November at the earliest. The move has forced Bill Downing, the operator of Yankee Care Givers, which supplies an estimated 1,000 patients to quit selling medical marijuana. He is urging patients to join him in a lawsuit challenging the state's interpretation of the law. "DPH is more concerned with their regulations than they are with the well-being of the citizens of Massachusetts," Downing said.

Low-THC, High-CBD Medical Marijuana Laws Go into Effect in Iowa, Utah. At least two of the states that passed limited, low-THC, high-CBD medical marijuana laws this year see those laws go into effect today. Those states are Iowa and Utah. It is unclear what impact those laws will have or how many people they will help.

Vermont Medical Marijuana Improvements Go into Effect Today. A medical marijuana improvement bill, Senate Bill 247, goes into effect today. The new law eliminates the cap of 1,000 patients who may access dispensaries, allows naturopaths to certify patients, and allows dispensaries to deliver marijuana to patients. It also authorizes a study of whether PTSD should be added as a qualifying condition.

Ohio Medical Marijuana Initiative Gives Up on 2014. Medical marijuana won't be on the ballot in the Buckeye State this year. The campaign by the Ohio Rights Group needed 385,000 valid voter signatures to qualify for the ballot this year, but had only 100,000. The good news is that those gathered signatures are still good in future years and can supply a starting point for a new campaign down the road. The initiative would also have legalized hemp production.

Drug Testing

Tennessee Food Stamp Drug Testing Law Goes into Effect. A law passed in 2012 that mandates drug testing for food stamp applicants if state workers have reason to believe they are using drugs goes into effect today. The ACLU of Tennessee is not happy: "This law singles out limited-income people and requires them to submit to humiliating and intrusive searches of their bodily fluids because they need temporary help making ends meet," said Hedy Weinberg, state director for the ACLU. "Research indicates that TANF recipients are no more likely to use illicit drugs than farmers, veterans, and students, who also receive government support. ACLU-TN wants to hear from any potential TANF recipients who do not want to submit to the required drug testing." The ACLU of Tennessee also has a web page for those who need help dealing with the law.

Sentencing

Rep. Keith Ellison is Latest Cosponsor of Smarter Sentencing Act. The Smarter Sentencing Act (House Resolution 3382) has picked up another cosponsor, Rep. Keith Ellison (D-MN). The measure now has 42 cosponsors -- 28 Democrats and 14 Republicans. The bill remains stuck in the House Judiciary Committee, where it has been sitting since October.

International

Mexican Soldiers Kill 22 Cartel Members in Michoacan Confrontation. The Mexican Army reported that it killed 22 members of the La Familia Michoacana cartel after soldiers on patrol in Tlatlaya, Michoacan, came under fire from cartel gunmen.

Another Mexican Town Tries to Ban Narcocorridos. Ciudad Obregon, Sonora, in northwest Mexico has banned the playing or performing of narcocorridos, the border ballads that glorify drug traffickers and recount their adventures. The ban follows the killing in the city of a narcocorrido singer from Phoenix, Tomas Tovar Rascon. But more than a year ago, the Mexican Supreme Court overturned a similar ban in the state of Sinaloa, so it is unlikely this ban could withstand a legal challenge -- if anyone brings one.

Filmmaker Eugene Jarecki Talks Drug Reform [FEATURE]

In a conference call Monday morning, filmmaker Eugene Jarecki discussed the impact of his award-winning drug war documentary The House I Live In and where we go from here in the fight to end the drug war and mass incarceration.

Eugene Jarcecki (wikimedia.org)
The call was the second in a series of discussions planned and organized by the Drug Policy Alliance as part of its campaign to deepen and broaden the drug reform movement. The first discussion featured Michelle Alexander, author of The New Jim Crow. Hear that conversation here.

Jarecki won the Sundance Film Festival grand jury prize for The House I Live In in 2012. The film made a shattering case against the drug war. Since its release, it has been used as a primer in faith institutions, schools and community-based organizations across the nation.

The drug reform landscape has been undergoing tectonic shifts in the two years since The House I Live In was released. It is possible, Jarecki said, that his film has played a role in shifting public opinion.

"One of the great lies that pervades the public imagination is the Hollywood lie that its movies don't shape the violence in this country," he said. "For Hollywood to pretend that movies have no role in shaping behavior is laughable. There are books that start revolutions. While Hollywood should bristle at the notion that movies create violence -- the violence comes in a society where we don't have health service and the roots of unwantedness can lead to violent behavior -- movies do shape public activity," he said.

"My movie is shaping public activity, and I am reminded by friends that this matters," the filmmaker continued. "A lot of young people will look at Michelle Alexander and say 'I want to be like that,' and that kind of example is extremely precious."

The recognition that the film would be an instrument of social change even influenced the title, Jarecki said.

"The making and handling of the film as a tool for public change and discussion" was important, he said. "We called it House over sexier titles, such as Kill the Poor or just Ghetto. I couldn't get it in a church or prison with a title like Kill the Poor. We had to choose a softer title; we weren't just thinking about the most poetic title, but really, how do we make sure this thing has legs where people all across the country can use it? We didn't want to alienate groups on the ground, and I wanted to make sure there were many groups on the ground doing this important work."

It worked. The film is now standard viewing in all the prisons in at least 11 states, and in New York, a viewing serves as an alternate punishment for juvenile offenders. And, Jarecki said, churches have been a key partner in getting the message out.

"We've found churches very welcoming, in large part because of our partnership with the Samuel Dewitt Proctor Conference," he said. "They've helped get churches across the country seeing the film, and it stretches far beyond the black church community. It's been very useful and robust. We also live stream the showings themselves to other churches. When we broadcast out of Shiloh Baptist Church, 180 other congregations also watched it."

But while Jarecki intended the film to serve polemic purposes, even he was surprised at the rapidity of the changes coming in the drug policy realm.

"The most significant surprise has been seeing the entire climate of the war on drugs change in the public imagination," he said. "When we started out, it was impossible to imagine any systemic shifts from the top. We see that the entrenched bureaucracies and corrupt interests are never open to negotiation, but the combination of the moral bankruptcy of the war on drugs and its economic bankruptcy -- 45 million drug arrests over 40 years, and what do we have to show for it? -- the catastrophic cycle of waste without achieving goals, unifies the left and the right like no other issue. The left sees a monster that preys on human rights for profit, and the right sees a bloated government program."

The policies of the war on drugs are now vulnerable, Jarecki said.

"Community groups see how it brings unfairness to communities and ravages society, so now, Washington is trying to appeal to the public by being more sensible," he argued. "This policy is vulnerable. While we've joined forces with the Drug Policy Alliance and other organizations to fight at the ground level, we're also seeing shreds of leadership from Obama, Holder, and Rand Paul. This is a moment of enormous vitality for us."

With a few exceptions, as mentioned just above, "the political class is isolated and orphaned as supporting something that doesn't make any sense," Jarecki said. "I thought I was choosing a very tough enemy, but it doesn't seem like much of a worthy adversary. The gross expenditures are hard to defend, they don't have the national security card to play anymore, the drug war has worn itself thin. 'Just Say No' and 'This is Your Brain on Drugs' hasn't worked. Instead, people just see family members with damaged lives."

It's not just in the realm of marijuana policy that the landscape is shifting in a favorable direction. The issue of the racial disparity in the drug war is also gaining traction.

"The condition of understanding the black American crisis of the drug war has moved light years in the last two years," Jarecki said. "Black folks are bizarrely and disproportionately targeted by the drug war, and that's become a common discussion. It's not a rare thing."

Still shot from The House I Live In
That understanding is extending to an acknowledgement that the war on drugs has been a brutal attack on the gains of the civil rights era, Jarecki argued.

"In the black American story, there is an argument to be made that the new Jim Crow established with the war on drugs was the final nail in the coffin of the civil rights movement," he said. "Black people are worse off economically than before the civil rights movement, and this critical viewpoint has become more widely understood."

But it's not just race. The unspeakable word in American political discourse -- class -- plays a role as well, Jarecki suggested.

"We've seen a shift from a drug war that could be described as predominantly racist to one that also has elements of class in it," he argued. "Poor whites, Latinos, women -- those are the growth areas for the war on drugs now. But let's not forget that black America is still essentially the leading link. We haven't shifted the drug war from race to class; it has diversified, it preserves its racism, but has seized market share by broadening into other class populations."

Racism and the war on drugs are only a part of a much larger problem, the filmmaker argued.

"We have to invite the country to begin seriously asking itself what kind of country it wants to be," he said. "What we are really looking at is a society that has bought into the notion that we can entrust the public good to private gain. We have industrial complexes that grip American policymaking in almost every sphere of public life, and the prison industrial complex is one of them. It is simply a crass illustration that you can feed a human being into the machine, and out comes dollar signs. This is a country without compassion, a town without pity."

And while change will come from the top, it will be impelled only by pressure from the bottom up, he said.

"Change comes from groups working together, and you start going down that road by getting out and starting walking," Jarecki advised. "It's an illusion to think we're supposed to be rescued by the government."

We have to do it ourselves.

Chronicle AM -- June 26, 2014

It's UN anti-drug day, and protests to mark it are going on in at least 80 cities around the world, House Republicans move to block DC decrim, the Oregon legalization initiative looks set to make the ballot, the ACLU has a strong new report out on SWAT teams, and more. Let's get to it:

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the NCIA summit
Marijuana Policy

Cannabis Business Summit Draws Big Crowd in Denver. More than 1,200 people attended the Cannabis Business Summit sponsored by the National Cannabis Industry Association in Denver this week. Look for a Chronicle report on it in coming days.

Oregon Legalization Initiative to Hand in Signatures Today. It looks like Oregonians will vote on marijuana legalization this November. The New Approach Oregon initiative campaign will hand in 145,000 signatures to state officials today; they only need some 87,000 valid ones to qualify for the ballot.

House Committee Votes to Block Decriminalization in DC. The House Appropriations Committee yesterday passed an amendment to the 2015 Financial Services and General Government Appropriations bill intended to prevent the District of Columbia from implementing its recently passed law decriminalizing the possession of marijuana. It also has the potential to end the District's medical marijuana program. The amendment, offered by Rep. Andy Harris (R-MD), passed by a vote of 28-21. Reform advocates will seek a floor vote to remove this amendment from the bill when it proceeds to the House floor.

No Vote on Legalization in the Rhode Island Legislature. The 2014 legislative session has ended without the Marijuana Regulation, Control, and Taxation Act never coming up for a vote. Maybe next year.

Oakland Shuts Down a Trio of Measure Z Speakeasies. For the past decade, recreational marijuana retail outlets have quietly operated in Oakland, protected by Measure Z, which makes the private use of marijuana by adults law enforcement's lowest priority. But in recent weeks, Oakland police have raided and shut down three of the speakeasies. The police say their enforcement actions are driven by complaints.

Sentencing

Two More Cosponsors for the Smarter Sentencing Act. The Smarter Sentencing Act has picked up two more cosponsors, bringing the total to 41, 27 Democrats and 14 Republicans. The latest cosponsors are Rep. Ann Kuster (D-NH) and Rep. Katherine Clark (D-MA).

Senate State and Foreign Operations Funding Bill to Include Sentencing Reform Language. Advocates working with Senate Judiciary Chair Pat Leahy's (D-VT) office report that the Senate committee report on the issue will include language making sentencing reform part of US foreign policy and an issue the State Department promotes when working on police training and judicial reform in other countries. Click the link to read the language.

Law Enforcement

ACLU Issues Report on Militarization of American Policing. The American Civil Liberties Union has released a new report on the excessive militarization of American policing, War Comes Home. The report concentrates on the use of SWAT teams, and fnds that 80% of SWAT deployments were not hostage rescue or other dangerous missions, but to serve search warrants, mainly for drugs. The report also examines the abuses associated with SWAT teams. This is strong stuff.

International

Global Demonstrations Against Drug War Today Mark UN Anti-Drug Day. Protestors in at least 80 cities around the world are taking the opportunity of UN anti-drug day to call not for more drug war, but for less. Click on the link for more details.

British Khat Ban Now in Effect. The British ban on the East African herbal stimulant plant khat has now gone into effect. There are fears the Somali community will be targeted and that a black market will now emerge.

British Doctors Reject Marijuana Legalization, Urge Cigarette Ban for Those Born After 2000. Meeting at their annual conference, members of the British Medical Association rejected a proposal to call for legalizing marijuana, but voted in favor of a ban on cigarettes for people born after 2000. The BMA's rejection of legalization was "both unscientific and unethical," said Steve Rolles of the Transform Drug Policy Foundation.

Uruguay's First Grower's Club Begins Registration Process. The Association of Cannabis Studies of Uruguay has registered to become the first officially recognized marijuana growing club in the country. The club headed by Laura Blanco will have 40 members. Joining a club and enjoying the fruits of collective grows is one of three ways to legally obtain marijuana under Uruguay's new law. The other options are registering to buy it from pharmacies or growing your own individually.

Mexico Wants More Black Hawk Choppers for Anti-Drug Activities. Mexico has formally requested to purchase five UH-60M Black Hawk helicopters for it war on drugs. The choppers are to be equipped with GPS/inertial navigation systems, forward-looking radar systems, and 10 7.62mm machine guns each. The proposed deal would be worth an estimated $225 million

Cops Need Warrants to Search Cell Phones, Supreme Court Rules

In an unusual unanimous decision, the US Supreme Court Wednesday ruled that police in almost all cases must obtain a search warrant before searching cell phones or other mobile devices. The ruling brings the huge amounts of data Americans store on cellphones, smartphones, and other mobile devices under the umbrella of constitutional privacy protections.

The decision came in two cases, one involving a drug bust and the other a weapons charge. The two cases were consolidated in the court's opinion in Riley v. California.

In ruling in favor of Americans' privacy, the high court rejected law enforcement arguments that cell phone searches did not require a warrant under an exception that allows police to search the contents of arrested people's pockets to ensure that they are not armed or do not destroy evidence. While that may be convenient for law enforcement, the court held, constitutional rights trump convenience.

The court was clearly aware that modern hand-held devices contain both the quality and quantity of information deserving protection as much as that afforded to people's personal property and effects in their homes.

"Modern cellphones aren't a technological convenience," Chief Justice John Roberts wrote in the unanimous opinion "With all they contain and all they may reveal, they hold for many Americans 'the privacies of life,'" he wrote.

As for law enforcement concerns that the court's ruling would prove an obstacle to some police investigations, Roberts had a pithy retort: "Privacy comes at a cost," he wrote.

And if police have reason to believe such devices may contain relevant evidence, they have recourse, Roberts wrote.

"Our answer to the question of what police must do before searching a cellphone seized incident to an arrest is accordingly simple -- get a warrant."

Of course, that means police must convince a magistrate they have probable cause to seek a search warrant.

The American Civil Liberties Union liked what it saw in the decision.

"By recognizing that the digital revolution has transformed our expectations of privacy, today's decision is itself revolutionary and will help to protect the privacy rights of all Americans," said ACLU legal director Steven R. Shapiro in a Wednesday statement. "We have entered a new world but, as the court today recognized, our old values still apply and limit the government's ability to rummage through the intimate details of our private lives."

Washington, DC
United States

Medical Marijuana Update

A Senate companion to the successful House DEA defunding amendment has been filed, New York becomes the 23rd medical marijuana state, a CBD bill is moving in North Carolina, Rhode Island retrenches, and more. Let's get to it:

National

Last Thursday, US Sens. Rand Paul and Cory Booker cosponsored a DEA defunding amendment in the Senate. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The House passed such an amendment at the end of last month. While an early vote was expected, conflicts between Senate Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) have caused the overall appropriation bill to be delayed.

California

Last Tuesday, the Berkeley city council moved toward permitting a fourth dispensary. The council voted to adopt regulations promulgated by the Medical Cannabis Commission that will set up a process to select a fourth dispensary for the East Bay city of 115,000. This more than three years after voters approved Measure T in 2010, which called for allowing a fourth dispensary. The commission had recommended six dispensaries, but that was too much for the council, which approved one new one in principle and said it would review the situation in a year.

On Tuesday, the Drug Policy Alliance strongly criticized the statewide medical marijuana regulation bill. Senate Bill 1262, which was set to go before the Assembly Public Safety Committee the same day, would leave thousands of patients without access to their medicine, fails to establish effective statewide regulation, and doesn't deal with edibles, the group said in an analysis posted on the California legislature's web site. The bill has already passed the Senate, but still must get through the Assembly.

Also on Tuesday, Desert Hot Springs city leaders expressed support for allowing dispensaries and were quite frank in saying it was all about the tax revenues. The city has an existing moratorium that will have to be removed. Leaders set no timeline at Tuesday's city council meeting.

Also on Tuesday, Lake County supervisors placed a restrictive cultivation measure on the November ballot. The measure would ban collective gardens and limit outdoor parcels to four plants. It is being backed by a group called the Emerald Unity Alliance.

Also on Tuesday, Santa Clara County supervisors voted for a temporary moratorium on dispensaries. The move was in response to San Jose's new regulations on dispensaries and cultivation, which supervisors fear would push them out into the county. Supervisors want time to see how to respond and will revisit the issue at an August 5 meeting.

New York

Last Friday, New York become the 23rd medical marijuana state. The state legislature and Gov. Andrew Cuomo (R) reached a last-minute compromise on medical marijuana, and the state Senate and Assembly approved the compromise bill, Program Bill 57. Gov. Cuomo says he will sign the bill into law, making New York the 23rd medical marijuana state. The bill is more limited than many patients and advocates would have preferred. It forbids smoking medical marijuana, although patients may vaporize or consume it in edibles. It also forbids using the raw plant. And it limits access to those with specified qualifying conditions, including cancer, multiple sclerosis, and epilepsy.

North Carolina

Last Thursday, a limited CBD medical marijuana bill won House committee votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee. The House approved the measure, House Bill 1220, in a floor vote on Friday.

On Wednesday, the limited CBD medical marijuana bill won a Senate committee vote. House Bill 1220 was approved by the Senate Rules and Operations Committee.

Rhode Island

Last Friday, the legislature amended the state's medical marijuana law. The legislature has amended the state's medical marijuana law to require national criminal background checks on all caregiver applicants and the mandatory revocation of the caregiver registry ID cards for those convicted of a felony. The bill, House Bill 7610, won final approval by the Senate last Friday. It also allows landlords not to lease to cardholders who want to grow and imposes weight, plant, and seedling limits on growing co-ops.

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

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