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Chronicle AM: White House Focuses on Heroin, Peru Coca Tensions Rise, CO Pot Sales Hit Record, More (8/17/2015)

It's big bucks for the Colorado marijuana industry (and the state's tax revenues), there's more initiative news, the White House takes on heroin, Peruvian coca farmers are feeling the pinch of eradication, and more.

Heroin is on the White House agenda today. (wikimedia.org)
Marijuana Policy

Colorado Sold a Record $50 Million Worth of Recreational Marijuana in June. Recreational pot sales totaled $50.1 million in June, a record high, and up 7.6% over the previous month, according to the Colorado Department of Revenue. Medical marijuana sales also hit a record, with $35.2 million taken in. The state took in $10.9 million in combined marijuana taxes in June, putting the year's total tax haul to date at nearly $42 million. For all of last year, the total was $44 million.

Idaho Initiative Would Decriminalize, Allow Medical Marijuana and Hemp. Activists with New Approach Idaho have crafted a three-pronged initiative that would decriminalize up to three ounces, allow for medical marijuana, and allow for hemp. The group needs more than 47,000 valid voter signatures to qualify for the November 2016 ballot.

Illinois Governor Wants Changes in Marijuana Bills. Gov. Bruce Rauner (R) last Friday used his veto authority to alter two marijuana bills on his desk. A decriminalization bill would make possession of up to 15 grams punishable by a fine of between $55 and $125; Rauner wants to decrease the amount to 10 grams and increase the fines to between $100 and $200. A medical marijuana bill would extend the state's medical marijuana program; Rauner wants an extension of only four months. The bills now go back to the legislature.

With ResponsibleOhio on the Ballot, Organized Opposition Emerges. A coalition of business groups are organizing to defeat the ResponsibleOhio legalization initiative. The Greater Cleveland Partnership is one member, so are the Ohio Manufacturers Association and the Ohio Farm Bureau. The Cuyahoga County drug and alcohol abuse board is also opposing, as are all Republican state higher officeholders.

Wyoming Moves to Criminalize Marijuana Edibles. After rulings by state court judges that state felony marijuana laws only criminalize its possession in plant form, the legislature's Joint Justice Committee is pondering how to deal with edibles. One proposal is to make possession of more than three ounces of an edible a felony. The committee will hold further discussions on the issue in November.

Medical Marijuana

New Version of Michigan Dispensary Bill Could Throttle Medical Marijuana. The House Judiciary Committee will be presented with new versions of the Provisioning Centers Act and the Smoking Alternative Bills that failed to get through the legislature in the 2013-14 session. But advocates say the new versions are less patient-friendly than business-friendly. Click on the link to get the lowdown on the legislature's medical marijuana shenanigans.

Nebraska Medical Marijuana Initiative Could Be Coming. Families who don't trust the legislature to act are preparing to push for action through the initiative process. Nebraska Families 4 Medical Cannabis says it won't make a final decision until next month, but is exploring its options. Another, NORML-affiliated state group is already working on a medical marijuana initiative signature-gathering campaign, but said it could merge efforts.

Heroin

White House Focuses On Heroin. The White House announced today an initiative aimed at reducing heroin use by pairing public health and law enforcement in an effort to shift the focus from punishing addicts to treating them. The plan will pair drug intelligence officers with public health officials to increase epidemiological knowledge about heroin use. The plan is being criticized by some reform advocates. Look for a Chronicle feature story later this week about the initiative and the critique.

International

Peruvian Coca Farmers Take Financial Beating from Eradication, Start to Fight Back. Peru has eradicated more than 210 square miles of coca crops this year, winning kudos from the US, but impoverishing thousands of coca farmers and their families who have lost their livelihoods. Government eradicators are manually destroying the crops in the field. "This is what we live off," said one farmer, surveying what's left of her family plot after eradication. The Peruvian government says some 42,000 families received financial help or support with alternative crops last year, but another 53,000 affected families did not. Grower anger is rising, with a July protest by 5,000 people in Ciudad Constitution ending with one farmer killed by police and 23 wounded. It was the first violent cocalero protest since 2012.

South Australia Bans Synthetic Cannabinoids. State Attorney-General John Rau has added two new psychoactive substances, a pair of synthetic cannabinoids, sold as Full Moon and Sinsence, to the state's list of banned substances. The move comes after reports of deaths and other adverse effects.

Chronicle AM: OH Init Claims to Make Ballot, Clinton Talks Drug Abuse in NH, More (8/12/2015)

Legal marijuana states still have issues, an Ohio group says it has qualified a legalization initiative for the November ballot, a video game league institutes drug testing, Hillary Clinton talks drugs on the campaign trail, and more.

Hillary Clinton. The Democratic contender said people are telling her drug abuse is a big issue. (state.gov)
Marijuana Policy

Under Proposed Rules, Colorado Edibles Would Be Marked With Stop Sign. A working group tasked with finalizing labeling requirements for marijuana edibles is calling for such products to be marked with the letters "THC" inside a stop sign -- not only on the package, but on the product itself. Some people in the industry think that could be problematic. The working group has until the end of the month to finalize the rules. Click on the link for more details.

Ohio Legalization Initiative Campaign Says It Has Qualified for Ballot. Ohio officials haven't confirmed it yet, but ResponsibleOhio, the group behind this year's controversial legalization initiative, says it has handed in enough valid signatures to qualify for the November ballot. The group needed 305,000 valid voter signatures to qualify. It handed in nearly 700,000 last month, but came up some 30,000 short. Under state law, it had another 10 days to make up the shortfall, and it handed in 95,000 raw signatures last week. The group has been tracking the counting in each county in the state and now says: "It is with the greatest sense of humility that we let each of you know that we have crossed the signature threshold based on what the boards have reported so far!"

No Adult Pot Lounge at Hempfest This Year -- It Would Be a Felony. Last year, in keeping with the spirit of marijuana legalization, Seattle's Hempfest set up "adult lounges" where the over-21 set could toke up. Not this year. That's because the omnibus legislation to regulate legal marijuana that went into effect last month makes providing a place for public pot use a Class-C felony.

Medical Marijuana

New Jersey Girl Can't Be Give Her Edibles at School, Judge Rules. An administrative law judge has ruled that allowing a junior high student to be provided medical marijuana edibles at school would violate the Drug Free School Zone Act. The girls' parents had sued for the right and are vowing to appeal, but they said they also plan to test a portion of the ruling that said that, as her caregivers, they have the right to possess medical marijuana even on school grounds. "We are going to try to go to school to give Genny her medicine," Roger Barbour said. "If they say no, Lora will come bearing the judge's decision and will insist on it."

Asset Forfeiture

Wyoming Legislative Panel Ponders Reforms Today. The legislature's Joint Judiciary Committee is meeting today to consider tightening the state's asset forfeiture laws. One proposed bill would limit asset forfeiture by first requiring a felony conviction; another would raise the legal standard from "probable cause" to "clear and convincing evidence" that a crime had been committed. Earlier this year, Gov. Matt Mead (R) vetoed a bill that would have eliminated civil forfeiture by first requiring a conviction.

Drug Policy

At New Hampshire Forum, Hillary Clinton Pledges to Elevate Issue of Drug Abuse. After hearing from a variety of stakeholders, the Democratic presidential contender said drug abuse has emerged as a consistent issue as she travels the country. "I have to confess -- I was surprised," she said. "I did not expect that I would hear about drug abuse and substance abuse and other such challenges everywhere I went." She said advisers are speaking with medical professionals as the campaign develops policy proposal later this year, and that substance abuse should be treated as a health issue.

Drug Testing

Video Game League Announces Drug Testing Specifics. The Electronic Sports League (ESL), the premier professional video gaming organization, has announced that it will subject players to the possibility of saliva tests to detect the presence of banned substances, including opioid pain relievers, stimulants, and marijuana. ESL says marijuana use will only be banned during tournaments. Drug testing for the league has come about after a scandal this spring over the use of the stimulant Adderall by some gamers.

International

Canada's Harper Campaigns on Hard Line on Drugs. Facing an October election, Prime Minister Stephen Harper continues to reject marijuana legalization, saying that most Canadians agree with him even though a government opinion poll released a year ago had more than two-thirds supporting either legalization or decriminalization. Where marijuana is easily available and legal, "more people get addicted," he warned. "We just think that's the wrong direction for society and I don't think that's the way most Canadians want to deal with this particular problem." He also reiterated Tory opposition to safe injection sites.

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

Medical Marijuana Update

Medical marijuana got attention on the national stage this past week, medical marijuana for PTSD sufferers was at issue in two states, Florida looks poised to pass a medical marijuana initiative next time around, and more.

National

Last Thursday, two congressmen asked the DOJ inspector general to look into harassment of medical marijuana providers after Congress voted to bar it. Reps. Dana Rohrabacher (R-CA) and Sam Farr (D-CA) sent a letter to Justice Department Inspector General Michael Horowitz asking him to clarify whether continued prosecutions against medical marijuana providers in states where it is legal violate a successful budget rider that prevents the department from spending money to interfere in those states. "Cases such as the Kettle Falls Five case in Washington, asset forfeiture actions against dispensaries in the San Francisco Bay area, or the Lynch case now pending in the Court of Appeals for the Ninth Circuit, are all instances of DOJ expending dollars it does not have the legal authority to spend," Rohrabacher and Farr write. "Consequently, we believe there is sufficient cause for your office to investigate potential violations of the Anti-Deficiency Act by the Department with regard to its prosecution and other enforcement actions against persons and businesses conducting legitimate medical marijuana activities under state law." That act makes it a crime to use federal funds for purposes not approved by Congress.

Last Friday, Chris Christie said strictly regulated medical marijuana was okay, but not legalization. The New Jersey governor and Republican presidential contender told a crowd in Cedar Falls, Iowa, that medical marijuana should be allowed through tightly regulated, state-run programs, but that he would enforce federal law on recreational marijuana. "This is a decision on medical marijuana that I think needs to be made state-by-state," Christie said. "I don't want it used recreationally, but for medical purposes, it's helpful for certain adult illness and certain pediatric illness. So where it's helpful and when a doctor prescribes it, I have no problem with it."

On Monday, Senate Judiciary Committee Chair Chuck Grassley said he wasn't moving on a medical marijuana bill. A bill that would reschedule marijuana and let states set their own medical marijuana policies has some congressional support, but with only two Republican cosponsors, Rand Paul (KY) and Dean Heller (NV), Senate Judiciary Committee Chair Sen. Charles Grassley (R-IA) said the bill was not exactly a priority. "I'm going to wait until I talk to other Republican members," he told Politico.

On Tuesday, Marco Rubio said he's willing to look at medical marijuana, but not legalization. Florida senator and Republican presidential contender Marco Rubio said Tuesday that he could support medical marijuana if it went through an FDA approval process, but that he did not support full legalization. "I'm not in support of any additional intoxicants being legalized," he said at a Republican presidential forum in Manchester, New Hampshire.

On Wednesday, news came that the DOJ tried to mislead Congress on the impact of a medical marijuana amendment. In the days before Congress voted to approve an amendment limiting the Justice Department's ability to interfere in medical marijuana states, an internal memo obtained by Tom Angell at Marijuana.com shows that the department tried to mislead Congress by falsely claiming that the amendment could "in effect, limit or possibly eliminate the Department's ability to enforce federal law in recreational marijuana cases as well,' according to the document. [Emphasis added.] The memo admits that the DOJ talking points were "intended to discourage passage of the rider," but "do not reflect our current thinking." Click on the link for more.

Arizona

Last Wednesday, a state judge blocked efforts to remove limits on medical marijuana for PTSD. In a ruling Wednesday, a Maricopa County Superior Court judge rejected efforts by patient advocates to overturn a decision by then state health chief Will Humble that medical marijuana could be used for PTSD, but only for palliative care. Judge Crane McClennen said there was "substantial evidence" to support Humble's restrictions.

California

On Tuesday, the first legal dispensary in Santa Ana opened. South Coast Safe Access is the first and only licensed dispensary so far in the city and the country. The city's permitting system has been plagued by division and lawsuits, but now the first dispensary has arrived.

Colorado

On Saturday, veterans with PTSD lined up for free medical marijuana in a Denver protest. Hundreds of Colorado veterans lined up to receive free medical marijuana products as part of a protest against the state health board's refusal to include PTSD among conditions treatable by medical marijuana. The protest was organized by Grow4Vets. "We're tired of waiting around for the government to do something to help veterans," cofounder Richard Martin said. "We're losing over 50 American heroes every single day as a result of prescription drug overdose or suicide, and the VA's position up until this point has pretty much been let's just keep them in a drug stupor."

Florida

On Monday, a poll had support for a medical marijuana initiative above two-thirds. A new survey from St. Pete Polls has more than 68% of respondents saying they would vote for a new medical marijuana initiative if it makes the ballot. An effort last year got 58% of the vote, but failed because, as a constitutional amendment, it needed 60% to pass. These poll results strongly suggest it will pass next time around. Click on the link for more poll results.

Michigan

Last Friday, a state panel okayed medical marijuana for autistic kids. In a 4-2 vote, the state Medical Marijuana Review Panel okayed medical marijuana for kids with severe forms of autism. Its use must be approved by two doctors, and the kids wouldn't smoke it, but would use it in edible or concentrate form.

Nevada

Last Friday, the state's first dispensary opened for business. Silver State Relief was set to open its doors today in the Reno suburb of Sparks. It's the first to open in the state, and one of two approved by city fathers.

New York

Last Friday, the state awarded five medical marijuana licenses. The Department of Health announced the names of five groups that will be allowed to sell medical marijuana in the state. Each group can open up to four dispensaries across the state. They are required to be open for business within six months, meaning patients may be able to buy it before year's end. Click on the link to see who the groups are.

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

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

Chronicle AM: MS Legalization Initiatives, SD Decrim Initiative, AZ MedMJ PTSD Restrictions, More (7/30/15)

All eyes are turning to 2016 when it comes to marijuana reform, PTSD gets second-class status under Arizona's medical marijuana law, and more.

Marijuana Policy

Now There Are Two Mississippi Legalization Initiatives. Mississippians will have two chances to support marijuana legalization this year and next. Initiative 48 was filed earlier this year by Kelly Jacobs of Hernando, and now, Initiative 52, the Mississippi Cannabis Freedom Act, has been filed as well. The proposed ballot summary for that initiative reads as follows: "Initiative Measure No. 52 would amend the Mississippi Constitution to include the Mississippi Cannabis Freedom Act ('the Act'). The Act legalizes cannabis for persons eighteen years of age and older, legalizes cannabis for medical purposes, authorizes the collection of taxes on cannabis, and includes various other definitions and mechanisms for implementation of the Act. For purposes of this measure, 'cannabis' means hemp, weed, herd, marijuana, grass, wax, concentrate extract, and hashish." Each initiative will need 107,000 valid voter signatures by October 2 to qualify for the November 2016 ballot.

South Dakota Decriminalization Initiative Campaign Officially Kicks Off. South Dakotans Against Prohibition officially began its campaign to put a decriminalization initiative on the November 2016 ballot at a confab in Sioux Falls Wednesday night. Signature-gathering actually began several weeks ago, but this event signals the beginning of the big signature push. Proponents have until November 9 to collect 14,000 valid voter signatures.

Vermont Marijuana Legalization Bill Coming Next Year. At a meeting earlier this week in Brattleboro, state Sen. Jeannette White (D-Putney) vowed to write and file a legalization bill next year. The promise came at a meeting called by the Vermont Cannabis Collaborative and Vermont Home Grown, advocates for legalization and the pot industry.

Wyoming Panel Begins Studying Legalization Issues. The state's Marijuana Impact Assessment Council, which is to study how legalization might affect the state, held its first meeting Wednesday. The council, appointed by anti-legalization Gov. Matt Mead (R) includes one Mead advisor and no marijuana reform advocates.

Medical Marijuana

Arizona Judge Blocks Effort to Remove Limits on Medical Marijuana for PTSD. In a ruling Wednesday, a Maricopa County Superior Court judge rejected efforts by patient advocates to overturn a decision by then state health chief Will Humble that medical marijuana could be used for PTSD, but only for palliative care. Judge Crane McClennen said there was "substantial evidence" to support Humble's restrictions.

International

Drug Abuse Up Threefold in Indian State After Bars Are Closed. The state of Kerala has shut down all but a handful of bars serving alcohol, but the results weren't exactly what the state government expected. "After the bars were closed, the use of drugs has gone up by three times in the state," Home Minister Ramesh Chennithala told the state Assembly. He said there had been an increase in young people using drugs and psychotropic substances, some 228 of which are available at local "medical stores."

Chronicle AM: AZ MJ Probable Cause Conundrum, CDC Warns on MedMJ Edibles, Peyote Protest, More (7/24/15)

Two Arizona appeals court panels have offered up clashing rulings this week on whether the smell of pot is still probable cause for a search, Michigan initiative fundraising reports tell an interesting story, changes in Washington state's medical marijuana program go into effect today, and more.

Peyote buttons, sacrament of the Native American Church. (wikipedia.org)
Marijuana Policy

Arizona Appeals Court Upholds Search Based on Marijuana Odor. Whether the odor of marijuana is probable cause for a search or a search warrant now looks like an issue heading to the state Supreme Court. Just days after one appeals court panel ruled that the state's medical marijuana law means it is not grounds for a search warrant, a second panel has ruled that it is. In Thursday's case, the appeals court upheld the actions of police officers who searched a vehicle after they smelled burnt marijuana. The panel held that the medical marijuana law didn't make marijuana legal, but only provided immunity from prosecution to those who had medical marijuana ID cards. "The fact that a registered patient under the AMMA with a valid registry identification card can affirmatively claim immunity from arrest, prosecution or penalty for possession of use of marijuana .... does not eliminate the significance of the smell of marijuana as an indicator of criminal activity in this case," Judge Samuel Thumma wrote.

Grassroots Effort Leads in Fundraising Among Michigan Legalization Initiatives. Campaign finance reports reveal that the Michigan Cannabis Coalition (MCC), backed by wealthy Oakland County interests, has only $1,000 in the bank, while the grassroots MILegalize has raised $60,000, with more than $100,000 in matching funds pledged. MCC got a $21,000 donation from an Oakland county Republican political operative, but the same day, it sent a $20,000 check to signature-gathering firm. A third group, the Michigan Responsibility Council, which wants to create a cultivation monopoly like the one championed by ResponsibleOhio, appears to have gone quiet. Its website is defunct, it hasn't displayed any initiative language, and it will not reveal the identities of its leaders.

New Hampshire Poll Has Strong Support for Legalization. A new WMUR Granite State poll has support for legalization at 60% and support for decriminalization even higher at 72%. Support has climbed six points for legalization and nine points for decriminalization since the last WMUR Granite State poll in May. The state legislature has considered legalization, but has so far refused to pass it. Click on the link for more poll results and methodology.

Medical Marijuana

CDC Warns of "Potential Danger" From Edibles. The Centers for Disease Control and Prevention (CDC) today released a report citing the case of a Wyoming college student who fell to his death after eating edibles in Colorado to warn of the "potential danger" with the products. "Although the decedent in this case was advised against eating multiple servings at one time," the CDC article says, "he reportedly consumed all five of the remaining servings of the THC-infused cookie within 30-60 minutes after the first serving." The CDC noted that the coroner in the case listed "marijuana intoxication" as a contributing factor in the death, which was classified as an accident.

Washington State Medical Marijuana Program Changes Now In Effect. Recently passed legislation designed to bring the program in line with the state's legalization system went into effect today. The Liquor Control Board is now the Liquor and Cannabis Control Board, PTSD and traumatic brain injury are now considered qualifying conditions, a voluntary patient database (which patients must join if they want the tax breaks for medical marijuana) is now in effect, the number of plants in a household is limited to 15 no matter how many patients live there, and doctors who write more than one medical marijuana authorization a day must report their totals to the Department of Health.

Peyote

Salt Lake City Religious Freedom Rally Calls for End to Utah Ban on Sacramental Use. Protesters gathered at the state capital in Salt Lake City Thursday to advocate for the right to use peyote as part of their religious observances. The demonstration was organized by the Tahteya Topa (Four Winds) Native American Church of Utah, which is allowed under federal law to use the cactus for religious purposes. The Utah law bans anyone who is not at least one-quarter Indian from using it for religious purposes. "It's supposed to be 25% [Native American heritage], but what they're really doing is trying to kill a religion by saying you have to have a certain blood… Religion is not about race," said the church's David Hamblin.

Chronicle AM: Iran Drug Executions Increasing, Feinstein Pressed on MedMJ, OH Pot Politics, More (7/7/15)

Midwest marijuana legalization initiatives make news, Sen. Feinstein feels some heat, some European countries keep giving Iran anti-drug aid despite a rising number of executions, California's governor signs a bill barring discrimination against medical marijuana patients in organ transplants, and more.

Sen. Feinstein is being urged to support medical marijuana. (senate.gov)
Marijuana Policy

Michigan Greens Endorse MILegalize Initiative. The Green Party of Michigan has endorsed the more grassroots of two competing Michigan legalization initiatives, the MILegalize initiative sponsored by the Comprehensive Cannabis Law Reform Committee. The Greens say they like the "craft beer" model in the initiative, as opposed to the "industrial" model adopted by the other active Michigan initiative this year.

ResponsibleOhio "Fresh Start Act" Initiative Certified by Attorney General. ResponsibleOhio, the same people bringing you the controversial "monopoly" marijuana legalization initiative, are also moving forward with an initiative that would expunge the criminal records of people with past marijuana convictions. Their Fresh Start Act initiative has been certified by Attorney General Mike DeWine. It must now be approved by the Ohio Ballot Board for review before signature gathering can begin. It is aiming at the 2016 election.

UFCW Endorses ResponsibleOhio Initiative. The United Food and Commercial Workers (UFCW) said Monday it is supporting the ResponsibleOhio legalization initiative. The UFCW has been organizing industry workers in medical marijuana and legal marijuana states for some years now.

Medical Marijuana

Senator Feinstein Gets Petition Demanding She Get on Board With Marijuana Reform. Marijuana reform advocates led by the Drug Policy Alliance today delivered a petition with 10,000 signatures from people "fed up with Feinstein's well-documented opposition to medical marijuana" to her San Francisco office. They want her to chance her stance. "California has allowed access to medical marijuana for 20 years and the vast majority of Californians support this," said DPA's Amanda Reiman. "It is disappointing that Sen. Feinstein continues to be a lone voice of opposition from California when it comes to supporting medical marijuana patients."

California Governor Signs Medical Marijuana Organ Transplant Bill. Gov. Jerry Brown (D) has signed Assembly Bill 258, which will bar doctors and hospitals from denying organ transplants to medical marijuana patients solely because they use it. Some patients have been denied life-saving organ transplants in the past. The new law goes into effect January 1.

Drug Testing

Connecticut Court Says Urine Drug Testing Rules Don't Apply to Hair Testing. In upholding the dismissal of a man who was fired after a hair follicle drug test came back positive, a state Superior Court judge ruled that regulations that restrict urine drug testing do not apply to hair drug tests, which can detect drug use for months into the past. The court conceded that the disparate protections offered against urine and hair drug testing create a "seemingly irrational inconsistency," but that "the task of changing the law lies with the legislature and not with the judiciary."

Harm Reduction

Maryland Congressman Calls for Price Cuts on Opiate Overdose Reversal Drug. US Rep. Elijah Cummings (D-MD) is accusing the maker of the opiate overdose reversal drug naloxone of "taking advantage of the citizens of Maryland" by overcharging for the drug. On Tuesday, Cummings wrote a letter to Gov. Larry Hogan (R) urging him to reach a deal with the company to reduce the cost of the drug. "I believe the State of Maryland is being overcharged for a critical drug called naloxone that is used by first responders and medical personnel to reverse the life-threatening effects of heroin and other opioid overdoses, and I urge you to make sure that the company charging these prices is not allowed to continue taking advantage of the citizens of Maryland," Cummings wrote. Other states have managed to get discounts from Amphastar Pharmaceuticals after getting aggressive with the company.

Law Enforcement

Massachusetts SWAT Teams Increasingly Used for Minor Drug Raids. Documents made public today by the ACLU of Massachusetts show that SWAT teams in the state are increasingly used to undertake small-time drug raids. The ACLU filed suit against the Northeastern Massachusetts Law Enforcement Council to force it to reveal the records. The records show that of 79 SWAT deployments between 2012 and 2014, 21 were for drug-related search warrants, but that only five resulted in any mention of drug seizures. "The drug hauls are not exactly Pablo Escobar-levels of seriousness," said ACLU's Kate Crockford, referring to the notorious Colombian drug lord. "In one case they found some pills. In another case they found some marijuana. It's important for local communities who pay those police department salaries to understand what's really going on here," she said.

International

Canadian Electronic Music Festival Organizers Will Offer Free Pill Testing. The Evolve Festival in Nova Scotia is set for this coming weekend, and beginning Friday, people arriving at the festival can submit small samples of their stashes to have them tested. Festival organizers say the move is an effort to reduce harm and overdoses.

European Countries Continue to Fund Iran's Drug War Despite Rampant Resort to Death Penalty. Iran Human Rights reports that nearly 400 people have been executed for drug offenses in Iran this year, accounting for nearly two thirds of all executions. That's not stopping the UN Office on Drugs and Crime (UNODC) and some European countries from continuing to fund Iran's anti-drug efforts. France has provided over a million dollars' worth of aid to the Anti-Narcotics Police, while Germany has contributed more than five million to UNODC projects to train and equip the police. Faced with pressure from campaigners such as the British nonprofit Reprieve, other European countries, including Denmark and Great Britain, have stopped such aid. "Even as Iran's execution rate skyrockets, European nations like France and Germany continue to fund brutal raids by the Iranian police which routinely send people to death row for nonviolent offenses. 7 out of 10 people hanged in Iran this year have been caught in these type of operations, but European funders and the United Nations Office on Drugs and Crime continue to turn a blind eye, and are even considering a new funding deal," said Maya Foa, Director of Reprieve's death penalty team. "It is an untenable hypocrisy for European countries and the UNODC to claim they oppose the death penalty in all circumstances while enabling and encouraging it overseas. If their commitments on the death penalty are to count for anything, they should impose effective and transparent conditions to ensure their aid does not lead to executions."

Medical Marijuana Update

The Senate sends a message to the DEA, a new study deflates fears of medical marijuana leading to increased teen pot-smoking, California continues to try to regulate its medical marijuana free-for-all, and more.

National

Last Thursday, a Senate committee voted to keep the DEA out of medical marijuana states. Just a week earlier, in a series of successful amendments to the Justice Department appropriations bill, the House sent a clear message to the DEA and DOJ to stop interfering in medical marijuana states. Last Thursday, a similar message came from the Senate. The Senate Appropriations Committee voted two-to-one today in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws. Click on the link for more details and reaction.

On Tuesday, a study found that medical marijuana doesn't lead to increased youth use. A study published in the British medical journal The Lancet finds that allowing for the legal use of medical marijuana has not led to an increase in the number of teens using it in the US. The study relied on 24 years' worth of data from the Monitoring the Future surveys and found that while youth use levels were higher in some medical marijuana states, those higher levels of use had preceded the legalization of medical marijuana.

California

Last Wednesday, the Medical Cannabis Organ Transplant Act won a committee vote. The measure, Assembly Bill 258, would bar health providers from denying organ transplants to people solely because they are medical marijuana patients. It has already passed the Assembly, and was approved by the Senate Health Committee. It now heads for a Senate floor vote.

On Monday, members of a Santa Ana dispensary filed a lawsuit against local elected officials and police. The suit comes in the wake of a highly-publicized raid on the dispensary in which police were caught smashing surveillance cameras (oops, they missed one), making crude remarks about patients, and helping themselves to samples of the edibles. But the lawsuit alleges deeper problems, including collusion between Mayor Pulido, the police, and other elected officials to rig the dispensary permit system and harass unpermitted dispensaries.

Colorado

On Monday, the state Supreme Court ruled that employers can fire medical marijuana patients for off-duty use. The Court today affirmed lower court decisions allowing employers to fire employees for marijuana use while off-duty. The decision hinged on the state's lawful off-duty activities statute. The Court held that in order for the off-duty conduct to be considered "lawful," it must be legal under both state and federal law. The unanimous decision was not a surprise to advocates working to reform marijuana law and policy in Colorado. The case is Coats v. Dish Network. Coats is a quadriplegic who worked in customer service for Dish, but was fired after a random drug test turned up marijuana metabolites.

Delaware

Last Thursday, the legislature approved a youth CBD cannabis oil bill. The state Senate unanimously approved Senate Bill 90, which would allow children with epilepsy to use CBC cannabis oil. The bill, also known as Rylie's Law after 9-year-old Rylie Maedler, who suffers from severe seizures, already passed the House and now heads to the governor's desk.

Georgia

On Monday, the state unveiled its online registry for CBD cannabis oil patients. The Department of Public Health today went live with its online registry for patients authorized to use low-THC CBD cannabis oil. Also, the Georgia Commission on Medical Cannabis met for the first time.

South Dakota

Last Wednesday, a medical marijuana initiative was filed. A state activist has filed the explanation for a medical marijuana initiative with the state attorney general's office. Once it is reviewed and approved, proponents will then have 180 days to come up with 13, 871 valid voter signatures to qualify for the November 2016 ballot. Medical marijuana initiatives have twice been defeated in the state. Maybe the third time will be the charm.

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

Chronicle AM: ME Pot DUID Bill Dies, SC MedMJ Bill Dies, OR Senate Restricts MedMJ Grows, More (5/28/15)

The Maine legislature kills a pot DUID bill, the Arizona Supreme Court will take up the issue, Florida's CBD cannabis oil program will finally roll out, the Dutch crack down on grow shops, Australia's Greens want to ban drug dogs, and more.

Marijuana and driving remains a contentious issue. (flickr.com)
Marijuana Policy

Maine Marijuana DUID Bill Stalls in Legislature. An effort to pass a per se marijuana impaired driving law has stalled in the legislature after experts said that, given the state of the science, any specified limit would be "arbitrary." Under per se impaired driving laws, merely testing positive for the specified amount is sufficient to get you convicted of drugged driving. The legislature's Criminal Justice and Public Safety Committee voted Tuesday not to advance LD 1320, but instead to convene a working group to study the issue.

Medical Marijuana

Arizona Supreme Court Will Review Ruling on DUID Immunity for Patients. The Supreme Court Tuesday agreed to review a state Court of Appeals ruling issued last November that said medical marijuana patients can still be prosecuted under laws against drugged driving. Arizona has a zero tolerance per se DUID law under which all that is necessary to convict if the presence of inactive metabolites in the blood.

Florida Judge Clears Way for CBD Cannabis Oil Program. A judge in Tallahassee Wednesday dismissed the final challenge to the state's CBD cannabis oil law passed last year, clearing the way for the long-delayed program to actual get underway. Now, growers should be able to provide CBD cannabis oils to patients within a few months.

Oregon Senate Passes Bill Restricting Medical Marijuana Grows. The state Senate voted overwhelmingly to approve a bill widely opposed by patients and growers that limits the number of plants caregivers could grow. The measure, Senate Bill 964, also requires regular reporting by growers and allows localities to prohibit dispensaries.

South Carolina Medical Marijuana Bill Dead for This Year. A bill that would have allowed for the use of medical marijuana is dead in the state legislature this year, senators said. Senate Bill 672, sponsored by Sen. Tom Davis (R-Beaufort), will, however, get more hearings before the legislature begins the second year of its two-year session in January.

International

Dutch Police in Massive Raid on Grow Shops. Dutch police enforcing a new law cracking down on people aiding or promoting illicit marijuana cultivation raided 27 grow shops across the country Tuesday, arresting 11 people. Under the new law, it is now illegal to deliberately supply equipment for illicit marijuana cultivation. Violators face up to three years in prison.

Australia Greens File Bill to Ban Drug Dogs from Festivals. The Greens have filed a bill to end the use of drug-sniffing dogs at music festivals, bars, on public transport, and in Sydney's Kings Cross neighborhood. The bill is part of a broader Green campaign against the use of drug dogs. The Greens say the drug dogs program doesn't work, but does subject thousands of young people to humiliating searches. The Greens also argue that the dogs program doesn't target major suppliers, but people carrying small amounts of drugs for personal use.

Medical Marijuana Update

California localities continue to wrestle with medical marijuana, Illinois' nascent program gets an extension, another South Dakota initiative could be coming, Seattle plans to shut down dozens of dispensaries, and more.

California

Last Tuesday, Marin County supervisors began working on a restrictive medical marijuana ordinance. The ordinance envisions up to three nonprofit dispensaries in unincorporated areas of the county, but critics said it would create so much red tape that it would be difficult to comply with its provisions.

Last Wednesday, the State Supreme Court rejected an appeal from Yuba County patients challenging the county's new marijuana cultivation ordinance and especially its urgency provision. That provision effectively stopped opponents' ability to circulate petitions for a voter referendum. Other legal challenges to the ordinance are still pending.

On Tuesday, a successful Santa Cruz County referendum blocked a supervisors' ban on commercial medical marijuana grows. The supes had voted last month to enact the ban, but opponents managed to gather enough signatures in just three weeks to qualify an initiative for the ballot, thus putting the ban on hold until the vote.

Illinois

Last Thursday, the Senate approved an extension of the medical marijuana program. The state Senate voted 33-16 to approve House Bill 3299, which would extend the program by two more years. The measure has already passed the House and is headed for the desk of Gov. Bruce Rauner (R), but it's unclear if he will sign it. He has said he didn't think the program should be extended until it's been fully evaluated -- but it hasn't even really started.

Nebraska

Last Thursday, the legislature approved a CBD cannabis oil study bill. The state Senate gave final approval to Legislative Bill 390, under which the University of Nebraska Medical Center would study the effectiveness of CBD in treating epileptic seizures. Gov. Pete Ricketts (R) now has five days to act on it.

On Wednesday, a CBD cannabis oil bill was pronounced dead. A bill that would have allowed the limited use of CBD cannabis oil has died. LB 643, filed by state Sen. Tommy Garrett (R-Bellevue), did not have enough support to advance, Garrett said. He said he would bring it back next year.

Pennsylvania

On Monday, it looked like the medical marijuana bill had been blocked in the House. A medical marijuana bill, Senate Bill 3, has passed the Senate, but appears to be bottled up in the House after being assigned to the Health Committee, which is headed by medical marijuana foe Rep. Matt Baker (R-Tioga County). He told local media last week he didn't see the bill moving any time soon. Bill supporters are exploring their options, including moving the bill to a different committee, adding it as an amendment to other legislation, and including it in a budget measure.

South Dakota

On Wednesday, word came that a medical marijuana initiative is in the works. Maybe the third time will be the charm. An activist from Emery has submitted initiative language to the state Attorney General's office. If approved, petitioners would have to gather 13,871 valid voter signatures by November 8 to qualify for the 2016 ballot. South Dakota voted down previous efforts in 2006 and 2010.

Washington

Last Thursday, the state Supreme Court uphold local collective garden bans. The high court ruled 8-1 that the city of Kent can ban medical marijuana collective gardens. The decision upheld lower court rulings allowing cities to impose bans via zoning regulations. The case was Cannabis Action Council v. City of Kent.

On Tuesday, Seattle's mayor said he planned to shutter dozens of dispensaries. Mayor Ed Murray said Tuesday he plans to require special business licenses for marijuana shops and that dispensaries in operation before January 1, 2013, will get priority in licensing. But of the city's 99 dispensaries, 54 either opened after that date or are operating without a license, and the mayor's office says they need to shut down.

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

Three Marijuana Reform Bills Filed in Louisiana

(Welcome back to our one-time intern Jimi Devine, who has graciously volunteered his time to support our blog.)

Louisiana State Capitol
The smell of marijuana reform is strong in the bayou air, Louisiana is now home to a big push for both medical marijuana and major sentencing reforms around marijuana convictions.

Today the Louisiana legislature' House Health and Welfare Committee will hear a medical marijuana bill brought forward by Republican State Senator Fred Mills, a man who formerly served as head of the Louisiana Board of Pharmacy. Mills spent the last year working with law enforcement to make it past a committee and organizations that had held it back in the past.

According to Northeast Louisiana media outlet The News Star, major revisions have been made with support from the Louisiana Sheriffs Association, they include:

  • Prescribed marijuana would be taken in a form other than smoking it, perhaps in a pill.
  • The state Agriculture Department would be in charge of growing marijuana to be used for medical purposes.
  • Dispensing pharmacies -- ten, at this point -- would be required to meet certain conditions.
  • The bill would "sunset," or be reviewed on Jan. 1, 2020, giving lawmakers pause to determine if the changes to state law were beneficial. If the bill proves ineffective, the law could be corrected or ended.
  • The Louisiana Board of Pharmacy would adopt rules about dispensing medical marijuana.

This session the bill made it through the Senate Health and Welfare Committee that halted its progress in 2014, and then passed the full senate with two thirds in support. On when he takes it before the house Mills noted, "I'm hoping for a repeat performance from the Senate."

While the bill is very restrictive, but it would reinforce national trends on the medical use of marijuana in Louisiana. Hopefully leading to a more inclusive law in the future.

The sentencing reform bills look to reduce the penalties associated with a marijuana conviction in the state. Currently a third marijuana possession conviction could lead to a baffling 20 year sentence.

According to NOLA.com, the bill authored by New Orleans State Senator J.P. Morrell,

"reduces the maximum penalty for possession from 20 years in prison to eight, raises the threshold for a felony-level possession charge and adds a second-chance provision for first-time offenders."
 

Penalties would still be much more severe than their counterparts in other states, but first time offenders would have one opportunity to expunge their record after two years without a conviction. The bill would also reclassify a second offense from a felony to misdemeanor for quantities between fourteen grams and two and a half pounds.

The bill is projected to save Louisiana $17 million over the first five years. This would cover the $900,000 a year in wasteful spending on corrections highlighted by the Office of State Inspector General with $13 million to spare.

NOLA.com columnist Jarvis DaBerry noted,

"Such a bill does two important things. First, it establishes that a person with a small amount of weed isn't a real threat to the public. Second, and perhaps more importantly, the bill would keep such a conviction from haunting a person forever."
 

The second bill authored by Rep. Austin Badon would push major reforms, but is not as big a shift as the one presented by Morrell. Badon' bill would see those committing a third offense jailed five years, as opposed to the two year sentence in Morell' bill. It also does not include the possibility of conviction being expunged for first time offenders.

UPDATE: On Thursday Louisiana Governor Bobby Jindal said he would sign the bills if passed by the house and senate. In regards to the sentencing bill he told the Shreveport Times

"We've said all along we're fine with the idea of providing rehabilitation and treatment for nonviolent drug offenders. I think this bill does that. That's good for those offenders, that is good for taxpayers. So again, that's another one of those bills that if it got to our desk we'd sign that."

While Louisiana debates the direction of their sentencing procedures, I'll leave you with another quote from Jarvis DeBerry on the subject:

"Here's a prediction: Sooner or later, we're going to look back at what Louisiana has doing to folks caught with marijuana, and we're going to be just as shocked those sentences had our officials' blessing."

 
 
 

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