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Medical Marijuana Update

The DEA has clarified that it still considers CBD to be illegal, Arkansas moves forward on implementation of its new program, Michigan gets legal dispensaries and a favorable court ruling, and more.

National

Last Wednesday, DEA clarified that, yes, it still considers CBD to be illegal. The DEA added a new code for marijuana extracts, including low-THC CBD cannabis oils, in the Federal Register. The code defines marijuana extracts as "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant." That means that marijuana extracts, even those derived from low-THC industrial hemp, are considered marijuana and are placed under Schedule I of the Controlled Substances Act.

On Monday, imprisoned California dispensary operators were seeking a presidential commutation. Luke Scarmazzo and Ricardo Montes operated a medical marijuana dispensary in Modesto, California, until their arrest by federal drug agents 10 years ago. They were prosecuted and convicted of federal drug crimes for their efforts and sentenced to 21 years 10 months and 20 years, respectively. Now, they are formally seeking sentence commutations from President Obama, who has cut the sentences of more than a thousand other federal drug prisoners so far this year. The pair point out that they would not have been prosecuted under current federal policies largely turning a blind eye to marijuana in states where it is legal, whether recreationally or merely for medical purposes.

Arizona

On Tuesday, a state appeals court ruled that local officials can't use federal law to harass dispensaries. In a unanimous decision, the state Court of Appeals ruled that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas

On Tuesday, state regulators set the number of commercial grows at five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Maine

Last Thursday,Mthe governor said the state should "get rid of" medical marijuana after legalization. Tea Party Republican Gov. Paul LePage called for an end to the state's medical marijuana program: "If you've got recreational marijuana, it's over the counter," he said. "Why do we need medical marijuana?" But initiative backers said the intent of the legalization initiative was to respect medical marijuana and have "dual programs running side by side."

Michigan

On Tuesday, the state's new medical marijuana laws went into effect. New state laws that will explicitly allow for dispensaries, regulate growing and processing facilities, and allow patients to use non-smokable forms of the drug are in effect as of Tuesday. "This new law will help Michiganders of all ages and with varying medical conditions access safe products to relieve their suffering," Gov. Rick Snyder (R) said after signing the bills back in September. "We can finally implement a solid framework that gives patients a safe source from which to purchase and utilize medical marijuana."

Also on Tuesday, the state appeals court ruled that the medical marijuana law protects people transporting it. The state Court of Appeals ruled that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Ohio

Last Thursday, the state Pharmacy Board issued draft rules for dispensaries. The board has issued proposed rules governing medical marijuana distribution in the state. The rules envision up to 40 dispensaries operating, with applicants having to show they have at least $250,000 in liquid assets. Applicants would have to pay a $5,000 non-refundable application fee, and if approved, would have to pay an $80,000 annual fee. Dispensaries would also have to pay a $100 fee for each advertisement, which would have to be approved by the board. The rules are open for comment until January 13. The Board of Pharmacy is one of three state agencies tasked with regulating the nascent industry. The State Medical Board has already released rules for doctors, and the Commerce Department is charged with regulating growers and processors.

Tennessee

Last Wednesday, Republicans rolled out a medical marijuana bill. State Sen. Steve Dickerson (R-Nashville) and state Rep. Jeremy Faison (R-Cosby) held a press conference Wednesday to introduce their "conservative proposal" to allow for the use of medical marijuana. Their draft bill would set a limit of 50 grow houses statewide, with each allowed to operate one on-site and two storefront dispensaries. It appears to make no provision for patient or caregiver grows. And it limits medical marijuana eligibility to a small list of specified conditions, including cancer, HIV/AIDS, ALS, PTSD, and Alzheimer's.

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

Chronicle AM: Joe Manchin Wants New Drug War, AZ&MI Appeals Courts Rule for MedMJ, More... (12/21/16)

West Virginia Senator Joe Manchin (D) calls for a new war on drugs and gets roundly ridiculed for it, appeals courts in Arizona and Michigan issue favorable medical marijuana rulings, a Missouri bill would end the asset forfeiture loophole that lets state police circumvent tough state laws by going to the feds, and more.

Medical marijuana saw court victories in Arizona and Michigan this week. (Creative Commons/Wikimedia)
Marijuana Policy

California Bill Would Ban Bud Billboards. Over the past year, billboards advertising marijuana products and businesses have popped up all over the state, but now, some lawmakers want to impose strict limits on marijuana advertising. Assemblyman Rob Bonta (D-Oakland) is one of the sponsors of Assembly Bill 64, which would bar ads that could be seen by minors "We have legal adult use and medical use, and we want to make sure that advertising hits the target audience as much as possible and doesn't slip beyond that," Bonta said. "We want to target adults and patients and not the broader audience that includes kids and carpools and school buses and families." The bill would require a two-thirds majority to pass because it would amend Proposition 64.

Medical Marijuana

Arizona Appeals Court Rules Local Officials Can't Use Fed Law to Hassle Dispensaries. In a unanimous decision, the state Court of Appeals ruled Tuesday that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas Regulators Set Number of Commercial Grows at Five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Michigan Appeals Court Rules Medical Marijuana Law Protects People Transporting It. The state Court of Appeals ruled Tuesday that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Heroin and Prescription Opioids

West Virginia Democratic Senator Calls for "War on Drugs" to Fight Opioid Crisis. Sen. Joe Manchin (D-WV) said Tuesday a new "war on drugs" in necessary to combat rampant opioid use, sparking immediate ridicule on Twitter and other social media. "We need to declare a war on drugs," Manchin said on CNN when asked what President-elect Donald Trump should do about the opioid situation. Manchin added that he has met addicts who started out smoking marijuana but ended up taking prescription drugs and then moving on to heroin. "It's just been unbelievable," he said. But it was Manchin's resort to last-century tropes that the Internet found unbelievable. Taking on his call for a new drug war, one Twitter user responded, "If only someone would have thought to do that, say, 30 or 40 years ago. Genius!!"

Asset Forfeiture

Missouri Asset Forfeiture Reform Bill Filed. State Rep. Shamed Dogan (R-St. Louis) has pre-filed House Bill 231, which would close a loophole that allowed state and local police to circumvent tough state asset forfeiture laws by turning cases over to the feds. The bill would prohibit such behavior unless the amount involved was more than $100,000 cash.

Medical Marijuana Update

Montana's dispensaries are coming back to life, Michigan's medical marijuana fees have been funding aggressive anti-marijuana law enforcement, and more.

Arkansas

On Monday, members of the state's new medical marijuana commission were sworn in. In the first meeting of a commission established to create a state medical marijuana system after voters approved a constitutional amendment last month, five commissioners were sworn in. The members of the state Medical Marijuana Commission are Dr. Ronda Henry-Tillman of Little Rock, lobbyist James Miller of Bryant, Dr. Carlos Roman of Little Rock, pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville. Henry-Tillman was unanimously elected Monday afternoon as the commission's chairman.

Kentucky

On Tuesday, a medical marijuana bill was filed. State Sen. Perry Clark (D-Louisville) has filed the Cannabis Compassion Act of 2017 (BR 409), which would allow patients with a specified list of diseases and medical conditions access to their medicine. The bill would allow patients to possess up to three ounces and grow up to 12 plants and envisions a system of regulated cultivators and "compassion centers.

Michigan

On Tuesday, news came that medical marijuana fees are funding the state's war on drugs.Medical marijuana fees have fattened the Michigan Medical Marijuana Fund, and state law enforcement has been tapping into that fund to aggressively go after marijuana. Local sheriffs in the Detroit area have spent more than $600,000 raiding dispensaries in the past year, and there's more where that came from since the fund has raised $30 million. "I really don't think it's appropriate to fund law enforcement on the backs of medical marijuana patients," medical marijuana attorney Matt Abel told the Detroit News. "… It's really a hidden tax on patients."

Montana

Last Wednesday, a state judge cleared dispensaries to reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."

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

Chronicle AM: Trump Names Drug Warrior for DHS, Congress Funds Opioid Treatment, More... (12/8/16)

Another Trump nominee raising eyebrows and concerns among drug reformers, Congress passes a health care omnibus bill that includes $1 billion for opioid treatment, Montana dispensaries are cleared to reopen, and more.

Trump's Department of Homeland Security pick, Gen. John Kelly (Creative Commons/Wikimedia)
Marijuana Policy

Anchorage Gets Its First Marijuana Shop on December 17. Alaska's largest city will have a place to buy legal marijuana in less than ten days. Alaska Fireweed in downtown Anchorage has announced that it will open at high noon on December 17.

Colorado Governor Aims to Rein In Home Pot Cultivation. Gov. John Hickenlooper (D) has told lawmakers he wants to reduce black market marijuana exports by imposing a 12-plant limit on grows at private homes, banning collective recreational grows, and imposing tighter restrictions on medical marijuana caregivers. It isn't going to happen without a fight, marijuana activists say.

Vermonters Can Seek Pardons for Small-Time Marijuana Possession Convictions -- This Month Only. Governor Peter Shumlin (D) will consider pardoning Vermont convictions of possession for up to an ounce of marijuana, but people have to apply before the end of this month. The state decriminalized possession of less than an ounce in 2013. Seeking a pardon doesn't necessarily mean you'll get one, though. Click on the link to see the pardon form.

Medical Marijuana

Montana Judge Clears Dispensaries to Reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."

Heroin and Prescription Opioids

Congress Passes Health Bill That Includes $1 Billion for Opioid Fight. The Senate Monday gave final approval to HR 34, an omnibus health care bill that includes $1 billion for expanded opioid treatment programs. The legislation now heads for the president's desk. Obama is expected to sign it.

Law Enforcement

Trump Nominates Another Drug War Zealot to Head Department of Homeland Security. The Trump transition team has named General John Kelly to head the Department of Homeland Security. Kelly has said he believes marijuana is a gateway drug, that interdiction could be more efficient with increased funding, and that marijuana legalization sends a confusing message to Latin American leaders, among other things."This is looking really bad," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "First Sessions for Attorney General, then Price at HHS, and now yet another old-style drug war character for Homeland Security. It looks like Donald Trump is revving up to re-launch the failed drug war."

Medical Marijuana Update

Advocates file a petition to rein in DEA misinformation about medical marijuana, Arkansas regulators are moving to implement the new law there, Minnesota adds PTSD, and more.

National

On Monday, ASA filed a petition with the DOJ to make DEA stop lying about marijuana. Americans for Safe Access (ASA) filed a petition under the Information Quality Act with the Justice Department "demanding that the Drug Enforcement Administration (DEA) immediately update misinformation about cannabis." Under the Information Quality Act, federal administrative agencies are required to ensure that the information they disseminate is accurate and objective. ASA says the DEA has violated the act at least 25 times.

Arizona

Last Friday, a pair of patients sued the state over fees. Attorneys for patients Yolanda Daniels and Lisa Becker filed suit last Friday to force a reduction in the annual fee for registration cards that patients are legally required to obtain. The state health department is charging $150 a year, even though it has nearly $11.5 million in its medical marijuana account. "In a time when medication is more expensive than ever, the state should be helping to make it cheaper for Arizonans," the patients' attorney argued. "The state is deliberately squatting on the excess fund instead of refunding it to patients or using it in furtherance of the Arizona Medical Marijuana Act, such as to help patients."

Arkansas

Last Wednesday, regulators released draft medical marijuana rules. The state Department of Health Wednesday released proposed draft rules for the voter-approved medical marijuana program. The rules include provisions about labeling, obtaining medical marijuana registry cards, lab testing requirements, and the process for adding new qualifying conditions. The department said it hopes to present the draft rules to the Board of Health next month and then open them to public comment. The department has not completed draft rules for regulation of and applications for dispensary and cultivation licenses. The state is supposed to be ready to license growers and sellers by June 1.

Michigan

Last Friday, protestors gathered to denounce Kent County dispensary raids. A couple of dozen people gathered outside the Plainfield Township Hall last Friday to protest a series of raids last Monday that shuttered three dispensaries in Plainfield. Demonstrators said they have nowhere to go to get their medicine, but Plainfield officials countered that dispensaries had been banned there since 2011.

Minnesota

Last Thursday, Minnesota okayed medical marijuana for PTSD. The state Department of Health has decided to add post-traumatic stress disorder (PTSD) to the list of qualifying conditions for marijuana. It had been weighing requests to add PTSD, autism, arthritis, depression, and other conditions. "While the process of reviewing these potential additions was difficult due to the relative lack of published scientific evidence, PTSD presented the strongest case for potential benefits," Health Commissioner Dr. Ed Ehlinger said. "PTSD also has few effective treatment alternatives available for some patients with the condition," he added. The decision means that patients certified with PTSD will be eligible for medical cannabis starting August 2017.

Texas

On Tuesday, a lawmaker filed a medical marijuana bill. State Sen. Jose Menendez (D-San Antonio) Tuesday filed a bill to allow for the use of medical marijuana in the Lone Star State. The bill lists qualifying conditions and would allow for private dispensaries, but would not set amount limits. Menendez said that should be left between the doctor and the patient. The bill is not yet available on the state legislative website.

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

Chronicle AM: Seattle Safe Injection Site "Die-In," ME MJ Init Vote Recount, More... (12/5/16)

Foes challenging the narrow legalization victory in Maine got their recount going today, patients take to the courts in Arizona and to the streets in Michigan, Seattle health care professionals do a die-in for safe injection sites, Ireland takes another step toward medical marijuana, and more.

Vancouver's safe injection site. Doctors and nurses in Seattle are agitating for something similar there. (vcha.ca)
Marijuana Policy

Maine Legalization Initiative Recount Begins. The Question 1 initiative legalizing marijuana won by less than 1% of the popular vote, garnering 381,692 votes to the opposition's 377,619 votes, a difference of 4,073 votes. Citing the narrow margin of victory, foes called a recount, and it began Monday. The recount could take up to a month, delaying putting legalization into effect until it is completed.

Medical Marijuana

Pair of Arizona Patients Sue Over Fees. Attorneys for patients Yolanda Daniels and Lisa Becker filed suit last Friday to force a reduction in the annual fee for registration cards that patients are legally required to obtain. The state health department is charging $150 a year, even though it has nearly $11.5 million in its medical marijuana account. "In a time when medication is more expensive than ever, the state should be helping to make it cheaper for Arizonans," the patients' attorney argued. "The state is deliberately squatting on the excess fund instead of refunding it to patients or using it in furtherance of the Arizona Medical Marijuana Act, such as to help patients."

Michigan Protestors Denounce Kent County Dispensary Raids. A couple of dozen people gathered outside the Plainfield Township Hall last Friday to protest a series of raids last Monday that shuttered three dispensaries in Plainfield. Demonstrators said they have nowhere to go to get their medicine, but Plainfield officials countered that dispensaries had been banned there since 2011.

Harm Reduction

Seattle Nurses, Doctors Do Die-In at City Hall in Protest Calling for Safe Injection Sites. As Seattle officials ponder whether to move toward allowing a safe injection site, doctors and nurses are turning up the heat. Last Friday, more than 30 members of Health Care Workers for Supervised Consumption Spaces held a die-in at City Hall to imitate the corpses that will be created if safe injection sites aren't allowed. City officials have been generally sympathetic to the idea, and a Seattle/King County opioid task force recommended the move in September.

International

British Town to Allow Drug Testing at Clubs. In a harm reduction first for the United Kingdom, a town in Lancashire will be the first in the country to offer testing of drug samples provided by club-goers at night clubs. The tests will examine samples of cocaine and MDMA to test the strength and purity of the drugs in a bid to reduce deaths related to "adulterated or highly potent" drugs. The National Police Chief's Council reportedly said the scheme could be useful but was still not yet endorsed on a national basis.

Ireland Takes Another Step Toward Medical Marijuana. The Dáil Éireann, the lower house of parliament, last Thursday approved an amendment allowing for the medicinal use of marijuana. But the measure still has to undergo another round of approval before it becomes law.

Poll: More Irish Support Marijuana Legalization Than Not. As the parliament ponders medical marijuana, a new poll finds that more Irish than not support full-blown legalization. A poll asking "Should cannabis be legalized for recreational use?" had 48% saying yes, 41% saying no, and 11% undecided.

Medical Marijuana Update

The elections are over and the legislative season is yet to begin, so things are pretty quiet on the medical marijuana front. Still, here are a couple of tidbits.

Maryland

On Monday, the Maryland Cannabis Commission announced that it is hiring a consultant to advise it on steps it can take to improve racial diversity in the nascent industry. The consultant will decide whether a study can be conducted to determine whether minorities have been unfairly excluded. If such a finding is made, that would allow the state to consider race when awarding medical marijuana licenses.

Montana

Last Wednesday, activists filed suit to force early action on patient cards. In the wake of last week's vote to reinstate the state's medical marijuana program, the Montana Cannabis Industry Association has filed a lawsuit seeking to force the Department of Health and Human Services to immediately begin processing and issuing medical marijuana cards. The language of the ballot measure means the state has until next summer to act, but the MCIA doesn't want to dally.

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

Chronicle AM: More Obama Commutations, FL Face-Biting Killer Wasn't on Synthetics, More... (11/23/16)

The president continues to exercise his commutation power on behalf of drug war prisoners, the Florida face-biting killer was not on any new psychoactive substances, Montana activists want their medical marijuana program to restart now, not later, and more.

Obama meets with prisoners at the El Reno, Oklahoma, federal detention facility. (whitehouse.gov)
Medical Marijuana

Montana Activists File Suit to Force Early Action on Patient Cards. In the wake of last week's vote to reinstate the state's medical marijuana program, the Montana Cannabis Industry Association has filed a lawsuit seeking to force the Department of Health and Human Services to immediately begin processing and issuing medical marijuana cards. The language of the ballot measure means the state has until next summer to act, but the MCIA doesn't want to dally.

New Psychoactive Substances

Florida Face-Biting Killer Wasn't on Bath Salts, Flakka. Austin Harrouff, the Florida man charged in the face-biting slaying of a neighbor couple was not under the influence of new psychoactive substances, an autopsy report released Wednesday revealed. Early press and law enforcement commentary had suggested Harrouff was high on bath salts (methcathinone) or flakka (alpha-PVP), but the autopsy revealed only prescription medications and a "minimal" amount of THC in his system. "Austin is struggling with severe mental illness and the judicial process will bear all of this out in due time," his attorney, Nellie King said.

Sentencing

Obama Announces More Commutations, Total Now Over a Thousand. President Obama Wednesday announced that he was commuting the sentences of 79 more drug offenders sentenced under draconian drug laws dating back to the 1980s. That brings the total of commutations under Obama to more than one thousand, which is more than the list 11 presidents combined. Thousands more commutations requests filed in response to an Obama administration call in 2014 remain pending as the clock ticks down on Obama's time in office.

International

Cayman Islands Legalizes CBD Cannabis Oil. Gov. Helen Kilpatrick last week signed into law legislation allowing for the use of CBD cannabis oil in the island nation. The oil can be used for the treatment of conditions including epilepsy and cancer and as a pain reliever for arthritis symptoms. The law does not allow for marijuana to be grown in the country, but the legislature last month passed a separate law allowing for the importation of CBD cannabis oil.

Chronicle AM: Obama Says Federal Pot Prohibition "Not Tenable" After Tuesday, More... (11/07/16)

Marijuana Policy 

President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.

 

Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.

Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.

Medical Marijuana

New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.

New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.

Asset Forfeiture

Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.

Law Enforcement

Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites. 

Chronicle AM: New MA Poll Has Pot Init Winning Handily, Ghana Moves Toward Drug Decrim, More... (11/4/16)

It's just about all pot legalization and medical marijuana initiatives today--oh, and Ghana is moving toward drug decriminalization.

It's looking like legal buds are coming to Boston. (Creative Commons/Wikimedia)
Marijuana Policy 

Another New National Poll Has a Solid Majority for Marijuana Legalization. A new American Values Survey conducted by the Public Religion Research Institute finds that 63% of Americans 18 and over favor freeing the weed. Only three years ago, the survey had support for legalization at only 45%. The poll is in line with other recent national opinion polls that show solid majorities for marijuana legalization.

Former DEA Heads Ask California Governor to Take Stand Against Legalization. Gov. Jerry Brown (D) has yet to take a position on the Prop 64 legalization initiative, and now five former DEA heads are urging him to come out against it. They cited alleged problems with drugged driving and use by teens in Colorado. "Let us at least see if these negative trends continue before taking this plunge," the letter said. "This means that Californians, many of whom will listen to you, should vote against Prop 64. Is it wise social policy to adopt a measure that will substantially increase the numbers of marijuana users, including our youth? The letter was signed by former DEA administrators Robert C. Bonner, Jack Lawn, Karen Tandy, Peter Bensinger and Michele Leonhart.

New Massachusetts Poll Has Legalization With Wide Lead. A new poll from the Western New England University Polling Institute has the Question 4 legalization initiative winning handily with 61% of the vote. Only 34% were opposed. The "yes" vote is up nine points from the group's previous poll at the end of September. The measure had a whopping 81% support among voters under age 40.

Medical Marijuana

Arkansas Supreme Court Rejects Bid to Reinstate Initiative; One Still Remains on the Ballot. The state's high court Thursday denied a petition for a rehearing on its decision to disqualify Issue 7. Another medical marijuana initiative, Issue 6, remains on the ballot.

North Dakota Initiative Campaign Gets Last Minute Cash. North Dakota for Compassionate Care, the group behind the Measure 5 medical marijuana initiative has received an unexpected last-minute donation of $15,000 from Drug Policy Action, the lobbying and campaign arm of the Drug Policy Alliance. The group will use the money for a final advertising push to get their message out to voters ahead of next week's elections.

International

Ghana Moving Toward Drug Decriminalization. The country is moving to decriminalize drug use as a means of better managing addiction, Deputy Interior Minister James Agalga said Thursday. Under a bill moving through parliament, users would receive clinical care and treatment instead of prosecution and incarceration. "Those who are addicted and under normal circumstances ought to be treated as patients who need care in the hospital," he explained. 

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