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Chronicle AM: VT MJ Possession Pardons, No Jail for MJ in Houston, UK CBD, More... (1/4/17)

Vermont's governor pardons nearly 200 for pot, Houston's incoming DA says no jail for pot possession, a British medical regulatory agency recognizes CBD as medicine, and more.

British medical authorities have officially recognized CBD cannabis oil as a medicinal product. (Creative Commons/Wikimedia)
Marijuana Policy

Alaska Gets First Legal Marijuana Tax Revenues. The state is starting to reap the fiscal benefits of marijuana legalization, as the Department of Revenue announced it had taken in $81,000 in taxes from seven growers in the month of November. The revenues came from taxes on 98 pounds of pot and 10 pounds of trim, which are taxed at $50 an ounce and $15 an ounce, respectively.

Vermont Governor Pardons 192 for Pot Possession. Gov. Peter Shumlin (D) has pardoned 192 people convicted of possessing small amounts of marijuana. Some 450 people applied for pardons after Shumlin announced the program last month, but he only pardoned 192 after looking at subsequent criminal histories. "While attitudes and laws about marijuana use are rapidly changing, there is still a harmful stigma associated with it," Shumlin said. "My hope was to help as many individuals as I could overcome that stigma and the very real struggles that too often go along with it."

No Jail for Marijuana Possession in Houston. Incoming Harris County District Attorney Kim Ogg has said the practice of jailing people for pot possession is over. "All misdemeanor possession of marijuana cases will be diverted around jail," Ogg said. "I've never felt good about putting marijuana users in the same jail cells as murderers. It's just not fair, it doesn't make any sense, and our country is resoundingly against that."

Medical Marijuana

Florida is Now a Medical Marijuana State. The constitutional amendment approved by voters in November to legalize medical marijuana went into effect Tuesday. But the state doesn't have a distribution system up and running yet. Lawmakers and the state Department of Health will have to craft rules, with an implementation target date of September 9.

Massachusetts Medical Marijuana Hearing Aims to Ease Patient Access. At a public hearing in Boston Tuesday, advocates called for changes in the state's medical marijuana law to allow hospices and nursing homes to provide the medicine for patients. "Hospice patients are literally out of time," said Elizabeth Dost, clinical director for the Massachusetts Patient Advocacy Alliance, which represents medical marijuana patients. "The patient's average length of stay (in hospice) in Massachusetts is 35 to 45 days. By the time they access cannabis, they are often deceased." Another public hearing is set for Thursday morning in Holyoke.

Law Enforcement

NAACP Activists Arrested in Protest at Attorney General Nominee's Office. Six NAACP demonstrators were arrested after occupying the Mobile, Alabama, offices of Sen. Jeff Sessions (R-AL), Donald Trump's choice to head the Justice Department. The NAACP is demanding the Sessions turn down the nomination to be attorney general, citing his record of ignoring voter suppression but prosecuting black voting rights activists. Sessions is also opposed by broad swathes of the drug reform community for his stances against marijuana legalization and sentencing reform and in favor of asset forfeiture.

International

Britain Recognizes CBD as a Medicine. The Medicines and Health Care Products Regulatory Agency (MHRA) Tuesday classified CBD as a medicine in the United Kingdom. The agency said it made the move after reviewing claims from several companies that their CBD products offered health benefits.

Georgia Marijuana Activists Face 12 Years in Prison for Planting Pot Seeds. In a New Year's Eve act of civil disobedience, dozens of activists and the Girchi Party planted pot seeds at party offices, publicly breaching the country's criminal code and exposing themselves to up to 12 years in prison under the country's drug laws. The Girchi Party is demanding drug decriminalization and marijuana legalization.

Chronicle AM: US Legal MJ Sales Near $6 Billion, ME Goes Legal at Month's End, More... (1/3/17)

Happy New Year! Legal marijuana sales hit a new record, Maine's legalization law will go into effect on January 30 (but not pot shops), Puerto Rico sees its first dispensaries, and more.

Somebody modified the iconic Hollywood sign on New Year's Eve. (Twitter)
Marijuana Policy

US Marijuana Sales Hit Nearly $6 Billion in 2016. A new report from Arcview Market Research put US legal and medical marijuana sales at $5.86 billion last year, with nearly another $900 million being sold in Canada. Assuming a compound annual growth rate of 25%, Arcview estimates that North American sales will reach $20.2 billion by 2021.

California Bill Would Specifically Outlaw Pot Smoking Behind the Wheel. State Sen. Jerry Hill (D-San Mateo) and Assemblymember Evan Low (D-Silicon Valley) have filed Senate Bill 65, which would make it a misdemeanor to drive while smoking or otherwise ingesting marijuana. Hill said he filed the bill because the state's legal marijuana law does not explicitly bar such activity.

Idaho Moms for Marijuana Founder Busted for CBD at Statehouse Rally. Serra Frank, the founder of Moms for Marijuana International, was arrested on the capitol steps in Boise Sunday for possession of marijuana after she displayed a pill bottle containing what she said were capsules containing CBD oil. She was also charged with possession of paraphernalia. The rally was held to protest Gov. "Butch" Otter's (R) veto of a CBD bill last year.

Maine Legalization Goes Into Effect January 30, But Governor Wants a Moratorium on Sales. Tea Party Republican Gov. Paul LePage has officially certified the results of the November vote on marijuana legalization, meaning it will go into effect at month's end. But he also called for a moratorium on sales until lawmakers can work out regulatory details. The state's new pot law already gives the legislature nine months to come up with regulations, leading legalization activists to describe LePage's moratorium call as "defeatist" and premature.

Medical Marijuana

Arkansas Lawmaker Files Medical Marijuana Implementation Bills. State Rep. Douglas House (R-North Little Rock) has filed a pair of bills aimed at the state's new medical marijuana law. House Bill 1057 would add national and state criminal background check requirements, while House Bill 1058 would amend the definition of written certification to clarify that it is not a medical record. The bills are not yet available on the legislative website.

New Hampshire Bill Would Let Patients Grow Their Own. A bill currently in draft form would allow patients living at least 30 miles from a dispensary to grow their medicine. New Hampshire and Connecticut are the only New England states that don't allow patients to grow, and state Rep. Renny Cushing (D-Hampton) wants to change that. He said he is open to altering the bill's language, including the 30-mile provision.

Puerto Rico Gets First Dispensaries. Medical marijuana dispensaries have begun operating in the US territory, Gov. Alejandro Garcia Padilla said Friday. He said two dispensaries are now open. The move comes nearly two years after his administration adopted a regulation to allow for medical marijuana.

Chronicle AM: MA MJ Shop Delay Protested, Prison Population Still Dropping, More... (12/30/16)

Massachusetts marijuana shops get delayed by six months, Nevada personal legalization goes into effect next week, the national prison population continues a slow decline, and more.

Hemp is on the move in America. (Vote Hemp)
Marijuana Policy

Amid Protests, MA Governor Signs Law Pushing Back Legalization Implementation. Gov. Charlie Baker (R) Friday signed into law a bill delaying the opening of retail marijuana shops for six months, from January 2018 to July 2018. He did so as demonstrators gathered at the capitol to protest the measure, which was hot-rodded through the legislature by a mere handful of solons on Wednesday. The delay "not only flies in the face of the will of the voters who voted for the January 2018 deadline, it shows contempt for the legislature itself, having been passed, not after three readings to the full House and Senate, but in the course of less than an hour by just two senators and five representatives," said the Massachusetts Cannabis Reform Coalition, which organized the protest.

Nevada Legalization Goes Into Effect Next Week. Voters approved the Question 2 marijuana legalization initiative in November and will begin to enjoy the fruits of their victory on January 1, when the new law goes into effect. It will allow people 21 and over to possess up to an ounce of weed or an eighth-ounce of cannabis concentrates. But retail sales won't go into effect until the state sets up a regulatory structure. The state has until January 2018 to get it done.

Industrial Hemp

Vote Hemp Issues Year-End Report: Four More Hemp States. The industry lobbying and educational group points to hemp victories in Alabama, Florida, Pennsylvania, and Rhode Island this year, as well as hemp-related bills passing in some other states that have already approved industrial hemp production. In all, hemp bills were introduced in 29 states in 2016.

Sentencing

Nation's Prison Population Now at 13-Year Low. Driven largely by a drop in the federal prison population, the country's overall prison and jail population dropped 2% in 2015, pushing it down to levels not seen in more than a decade, the Bureau of Justice Statistics reported Thursday. The decline continues a downward trend that began in 2009. A 7% decline in federal prisoners accounting for 40% of the overall decrease, but states including California and Texas also saw significant prisoner population reductions.

Activist and Author Tony Papa Wins a Pardon. The Drug Policy Alliance's Tony Papa was granted a pardon by New York Gov. Andrew Cuomo Friday. Papa served 12 years of a 15-to-life sentence for drug trafficking before he was granted clemencyby then Gov. George Pataki (R) in 1997. Since then, he has authored two books, pursued a career as an artist, and been a devoted drug reform activist.

International

Poll: British Columbia Voters Ready to Legalize Hard Drugs to Fight Opioid Crisis. A new survey of provincial attitudes toward drugs and addiction finds that nearly two-thirds of residents are open to considering hard drug legalization in the context of the province's ongoing opioid crisis. Some 63% said they were either completely willing to consider legalization or open to considering it with more information, while only 20% flat-out rejected it. Another 17% said they were not willing now, but might change their minds with new information.

Chronicle AM: Maine Init Losers Still Fighting, New Cartel Gains Strength in MX, More... (12/29/16)

Maine election losers seek to block the implementation of marijuana legalization, Mexico's Sinaloa Cartel is being overtaken by an upstart, and more.

With El Chapo behind bars, the Sinaloa Cartel is being overtaken by rivals.
Marijuana Policy

Sore Losers Department: Maine Marijuana Foes Now Seek Moratorium on Implementing Legalization. The anti-legalization group Mainers Protecting Our Youth and Communities, whose effort to defeat the marijuana initiative failed and whose effort to overturn the results via a recount also failed, is now calling for a moratorium on implementing the law. The law calls for a nine-month period for regulators to make rules for retailers and social clubs, but the group says that isn't enough.

Heroin and Prescription Opioids

Michigan Overdose Reversal Drugs Will Be Easier to Obtain Next Week. Thanks to bills signed into law Wednesday, Michiganders will have easier access to the opioid overdose reversal drug naloxone (Narcan) beginning January 1. One bill allows pharmacists to dispense the drug without a prescription under a standing order from the state's chief medical officer. Another bill gives school boards the ability to get a prescription for naloxone to be administered by a school nurse or other trained employee in case a student overdoses.

International

DEA Says There's a New Biggest Cartel in Mexico. The days of Sinaloa Cartel dominance of the Mexican drug trade and criminal underworld are over, and "El Chapo" Guzman's men have been ousted by a relatively new player on the scene: the Jalisco New Generation Cartel (CJNG in its Spanish initials), the DEA says. The group operates in at least half of Mexico's states, as well as along the entire Pacific Coast of North and South America, as well as having distribution operations in Asia, Oceania, and Europe.

The Top Ten Domestic Drug Policy Stories of 2016 [FEATURE]

As 2016 comes to a tumultuous end, we look back on the year in drugs and drug policy. It's definitely a mixed bag, with some major victories for drug reform, especially marijuana legalization, but also some major challenges, especially around heroin and prescription opioids, and the threat of things taking a turn for the worse next year. Here are the ten biggest domestic drug policy stories of the year. (Check back for a top ten international drug policy stories soon.)

1. Marijuana Legalization Wins Big

Legalization initiatives won in California, Maine, Massachusetts, and Nevada, losing only in Arizona. These weren't the first states to do so -- Colorado and Washington led the way in 2012, with Alaska, Oregon, and Washington, DC, following in 2014 -- but in one fell swoop, states with a combined population of nearly 50 million people just freed the weed. Add in the earlier states, and we're now talking about around 67 million people, or more than one-fifth of the national population.

The question is where does marijuana win next? We won't see state legalization initiatives until 2018, (and conventional wisdom may suggest waiting for the higher-turnout 2020 presidential election year), and most of the low-hanging fruit in terms of initiative states has been harvested, but activists in Michigan came this close to qualifying for the ballot this year and are raring to go again. In the meantime, there are the state legislatures. When AlterNet looked into the crystal ball a few weeks ago, the best bets looked like Connecticut, Maryland, New Mexico, Rhode Island, and Vermont.

2. Medical Marijuana Wins Big

Medical marijuana is even more popular than legal marijuana, and it went four-for-four at the ballot box in November, adding Arkansas, Florida, Montana, North Dakota to the list of full-blown medical marijuana states. That makes 28 states -- more than half the country -- that allow for medical marijuana, along with another dozen or so red states that have passed limited CBD-only medical marijuana laws as a sop to public opinion.

It's worth noting that Montana is a special case. Voters there approved medical marijuana in 2004, only to see a Republican-dominated state legislature gut the program in 2011. The initiative approved by voters this year reinstates that program, and shuttered dispensaries are now set to reopen.

The increasing acceptance of medical marijuana is going to make it that much harder for the DEA or the Trump administration to balk at reclassifying marijuana away from Schedule I, which is supposedly reserved for dangerous substances with no medical uses. It may also, along with the growing number of legal pot states, provide the necessary impetus to changing federal banking laws to allow pot businesses to behave like normal businesses.

Drug reformers are nervous about the future. (Gage Skidmore/Creative Commons)
3. The Republicans Take Control in Washington

The Trump victory and Republican control of both houses of Congress has profound drug policy implications, for everything from legal marijuana to funding for needle exchange programs to sentencing policy to the border and foreign policy and beyond. Early Trump cabinet picks, such as Alabama Sen. Jeff Sessions (R) to lead the Justice Department, are ominous for progressive drug reform, but as with many other policy spheres, what Trump will actually do is a big unknown. It's probably safe to say that any harm reduction programs requiring federal funding or approval are in danger, that any further sentencing reforms are going to be in for a tough slog, and that any federal spending for mental health and substance abuse treatment will face an uphill battle. But the cops will probably get more money.

The really big question mark is around marijuana policy. Trump has signaled he's okay with letting the states experiment, but Sen. Sessions is one of the most retrograde of drug warriors in Washington. Time will tell, but in the meantime, the marijuana industry is on tenterhooks and respect for the will of voters in pot legal states and even medical marijuana states is an open question.

4. The Opioid Epidemic Continues

Just as this year comes to an end, the CDC announced that opioid overdose deaths last year had topped 33,000, and with 12,000 heroin overdoses, junk had overtaken gunplay as a cause of death. There's little sign that things have gotten any better this year.

The crisis has provoked numerous responses, at both the state and the federal levels, some good, but some not. Just this month, Congress approved a billion dollars in opioid treatment and prevention programs, and the overdose epidemic has prompted the loosening of access to the opioid overdose reversal drug naloxone and prodded ongoing efforts to embrace more harm reduction approaches, such as supervised injection sites.

On the other hand, prosecutors in states across the country have taken to charging the people who sell opioids (prescription or otherwise) to people who overdose and die with murder, more intrusive and privacy-invading prescription monitoring programs have been established, and the tightening of the screws on opioid prescriptions is leaving some chronic pain sufferers in the lurch and leading others to seek out opioids on the black market.

5. Obama Commutes More Than a Thousand Drug War Sentences

In a bid to undo some of the most egregious excesses of the drug war, President Obama has now cut the sentences of and freed more than a thousand people sentenced under the harsh laws of the 1980s, particularly the racially-biased crack cocaine laws, who have already served more time than they would have if sentenced under current laws passed during the Obama administration. He has commuted more sentences in a single year than any president in history, and he has commuted more sentences than the last 11 presidents combined.

The commutations come under a program announced by then-Attorney General Eric Holder, who encouraged drug war prisoners to apply for them. The bad news is that the clock is likely to run out before Obama has a chance to deal with thousands of pending applications backlogged in the Office of the Pardons Attorney. The good news is that he still has six weeks to issue more commutations and free more drug war prisoners.

6. The DEA Gets a Wake-Up Call When It Tries to Ban Kratom

Derived from a Southeast Asian tree, kratom has become popular as an unregulated alternative to opioids for relaxation and pain relief, not to mention withdrawing from opioids. It has very low overdose potential compared to other opioids and has become a go-to drug for hundreds of thousands or perhaps millions of people.

Perturbed by its rising popularity, the DEA moved in late summer to use its emergency scheduling powers to ban kratom, but was hit with an unprecedented buzz saw of opposition from kratom users, scientists, researchers, and even Republican senators like Orrin Hatch (R-UT), who authored and encouraged his colleagues to sign a letter to the DEA asking the agency to postpone its planned scheduling.

The DEA backed off -- but didn't back down -- in October, announcing that it was shelving its ban plan for now and instead opening a period of public comment. That period ended on December 1, but before it did, the agency was inundated with submissions from people opposing the ban. Now, the DEA will factor in that input, as well as formal input from the Food and Drug Administration before making its decision.

The battle around kratom isn't over, and the DEA could still ban it in the end, but the whole episode demonstrates how much the ground has shifted under the agency. DEA doesn't just get its way anymore.

7. Federal Funds for Needle Exchanges Flow Again

It actually happened late in 2015, but the impact was felt this year. In December 2015, Congress approved an omnibus budget bill that removed the ban on federal funding of needle exchanges. The ban had been in place for 20 years, except for a two-year stretch between 2009 and 2011, when Democrats controlled the House.

Federal funding for needle exchanges is another drug policy response that could be endangered by Republican control of both the Congress and the presidency.

Vancouver's safe injection site. Is one coming to a city near you? (vch.ca)
8. The Slow Turn Towards Safe Injection Sites Accelerates

When will the US join the ranks of nations that embrace the harm reduction tactic of supervised drug consumption sites? Maybe sooner than you think. Moves are underway in at least three major US cities to get such facilities open, a need made all the more urgent by the nation's ongoing opioid crisis, as the Drug Policy Alliance noted in a December report calling for a number of interventions, including safe injection sites, to address it.

In New York City, the city council has approved a $100,000 study into the feasibility of safe injection sites, while in San Francisco, city public health officials have endorsed a call for them there and have even suggested they need as many as a half dozen. But San Francisco Mayor Ed Lee opposes them, so battle lines are being drawn.

The best bet may be Seattle, where city and surrounding King County officials are on board with a plan to open safe injection sites to fight heroin and prescription opioid abuse. That plan, conceived by the Heroin and Prescription Opiate Addiction Task Force, was released in September.

9. Asset Forfeiture Reform Advances

Nearly 20 years after Congress passed limited federal civil asset forfeiture reform, the practice is now under sustained assault in the states. More than a half-dozen states had passed civil asset forfeiture reforms before the year began, and this year the following states came on board (although some of the new laws did not end, but only modified or restricted civil asset forfeiture): California, Florida, Mississippi, Nebraska, Ohio, Oklahoma, Tennessee, and Wyoming.

And next year looks to be more of the same. Bills have already been filed in Missouri and Texas, and renewed efforts are likely in New Hampshire and Wisconsin, where they were thwarted this year.

10. The DEA is Busting Fewer People

The Transactional Records Access Clearinghouse (TRAC) reported in December that convictions for drug cases referred by the DEA continued a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Medical Marijuana Update

A study finds medical marijuana associated with a decline in traffic fatalities, the Arizona courts stick up for medical marijuana, changes in state law will have impacts in Colorado and Oregon, and more.

National

On Monday, a study found that states with medical marijuana laws see a decline in traffic deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Arizona

Last Wednesday, a prosecutor said he will appeal a ruling telling him not to obstruct medical marijuana businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Last Thursday, the appeals court ruled that the state must prove patients were actually impaired before convicting them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Colorado

As of next Sunday, caregiver plant limits will drop dramatically. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Kansas

On Tuesday, a federal judge threw out a medical marijuana mom's lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Oregon

As of this coming Sunday, dispensaries will go back to selling only to patients. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Pennsylvania

Last Wednesday, regulators announced an initial round of planned dispensary permits. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

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

Chronicle AM: LA Times Warns Trump on MJ, MA Pols Sneak Through MJ Shop Delay, More... (12/28/16)

California's largest newspaper has some advice for the president-elect, Massachusetts politicians pull a fast one on voters, and more.

The LA Times has a heads-up for the incoming president when it comes to legal weed. (Gage Skidmore/Creative Commons)
Marijuana Policy

LA Times Editorial Warns Trump Not to Mess With Legal Marijuana. In an editorial titled "The voters have spoken on marijuana. Trump ought to listen," California's largest newspaper notes that the state has just voted to legalize weed and that Donald Trump has been "hazy" in his position on legalization in the states. "Decades of experience has shown that the US can't win a war on marijuana," the Times warns the incoming president. "It would be foolhardy for the federal government to dig in on cannabis prohibition now, when voters are increasingly choosing to legalize the drug for medicinal and recreational use. Trump and his attorney general ought to adhere to the will of state voters and demonstrate the kind of pragmatic leadership on marijuana policy that has too often been missing in the federal government."

In Sneak Move, Massachusetts Pols Delay Opening of Pot Shops. Just weeks after state residents voted to legalize marijuana and allow retail outlets to open in January 2018, state legislative leaders Wednesday acted with no notice to undo the will of the voters. In a maneuver without debate and that took less than an hour under interim rules, Senate President Stanley Rosenberg (D) and Minority Leader Bruce Tarr (R) passed an amendment pushing back the opening date by six months. Only those two senators voted. Moments later in the House, the measure was approved by the five members on hand.

International

Thai Government Approves Legal Hemp Farming. The national Narcotics Control Board has approved the cultivation of low-THC industrial hemp, with harvests to be purchased by the Thailand Tobacco Monopoly. Hemp cultivation will take place in 15 districts in six provinces. The hemp produced must contain less than 1% THC. The move comes as part of a broader rewrite of the kingdom's drug laws.

Chronicle AM: CO Caregiver Plant Limit to Drop Big-Time Next Week, Aussie Poll Has Pro-Pot Plurality, More... (12/27/16)

Colorado caregivers will have to dramatically trim their gardens beginning January 1, Kansas medical marijuana mom Shona Banda has a federal lawsuit thrown out, Australian public opinion is shifting in favor of marijuana legalization, and more.

Kansas medical marijuana mom Shona Banda's federal lawsuit got tossed.
Medical Marijuana

Colorado Caregiver Plant Limits Shrink Dramatically As of Next Week. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Federal Judge Throws Out Kansas Medical Marijuana Mom's Lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Heroin and Prescription Opioids

Top Maine Republican Wants Single Committee to Handle Opioid Crisis. Assistant House Minority Leader Ellie Espling (R-New Gloucester) is calling for a single committee to handle bills addressing the state's opioid problem. Drug policy current is handled by three main committees -- Health and Human Services, Judiciary, and Criminal Justice and Public Safety -- but Espling said she doesn't want solutions placed in "silos." But neither the Democratic House leadership nor the Republican Senate leadership has signed on to her idea.

International

Poll: More Australians Now Favor Pot Legalization Than Don't. According to data from the Australian National University, 43% of Australians polled support marijuana legalization, with 32% opposed, and the rest undecided. Support is up nine points since 2013, when only 34% favored legalization and 44% were opposed.

Chronicle AM: OR Dispensaries Patient Only, Only Pure Cocaine Weight for OH Sentences, More... (12/26/16)

A new study finds that traffic fatalities decline in medical marijuana states, the Ohio Supreme Court rules that only the weight of pure cocaine -- not filler -- can be used in sentencing determinations, the Republic of Georgia walks away from jailing pot smokers, and more.

Starting next week, Oregon pot buyers will need a patient card if they want to buy at dispensaries. (Creative Commons/Wikimedia)
Medical Marijuana

Study: States With Medical Marijuana Laws See Decline in Traffic Deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Oregon Dispensaries Go Back to Selling Only to Patients Next Week. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Sentencing

Ohio Supreme Court Rules Cocaine Sentences Must Be Based on Weight of Cocaine, Not Filler. In a decision that could reopen the sentencing of people who were sent to state prison for possessing more than a hundred grams of cocaine, the state Supreme Court has ruled that sentences must be based on the amount of pure cocaine suspects had, not the entire amount of suspected drugs. "The state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold," Justice Judith Ann Lanzinger wrote for the 4-3 majority. The decision was based on the legislature's 1995 and 2011 rewriting of the state's drug laws, which defined cocaine as a drug by itself without adding any "mixture."

International

Georgia Constitutional Court Strikes Down Jail for Marijuana Possession. The Constitutional Court ruled last Thursday that possession and consumption of marijuana is no longer a jailable offense. "The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, storage and product on, are unconstitutional," it said in a statement. The ruling came in response to a lawsuit filed by the Public Defender's Office, which called imprisoning people for pot "irrelevant, too strict, and degrading." Marijuana possession was not a criminal offense in Georgia until 2006, when then President Mikheil Saakashvili launched an anti-drug campaign. Last year, the Constitutional Court struck down a law that imposed a prison sentence of up to 12 years for possession.

Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

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