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Chronicle AM: No More Small MJ Arrests in Vegas; NM & RI to Consider Legalization, More... (11/17/16)

Marijuana, marijuana, marijuana. The news today is almost all about marijuana, plus an asset forfeiture bill pre-filed in Texas.

Viva Las Vegas! (Creative Commons/Wikimedia)
Marijuana

Maine Recount to Proceed. Opponents of the Question 1 legalization initiative, which won by around 4,000 votes (less than 1% of the total votes cast), have handed in petitions seeking a recount. Now, state officials must verify that at least 100 signatures on the petition came from registered voters who voted in the November 8 election. Once that hurdle is passed, the actual recount will begin. The recount will cost Maine taxpayers about $250,000. "With thousands of votes in the margin, the recount is not going to be successful," said Yes on 1 campaign spokesperson Alysia Melnick, "and it's unfortunate the opposition would go against the will of the people and use taxpayer dollars for a recount that will not change the outcome."

New Mexico Democrats Eye Legalization Bills Next Year. Democrats now control the state legislature, and they are vowing to introduce new legalization bills despite the opposition of Republican Gov. Susana Martinez. Rep. Bill McCamley (D-Mesilla Park) has filed a legalization bill the last two years, and says he will do it again next year. "It's not an academic exercise anymore," he said. And Sen. Jerry Ortiz y Pino (D-Albuquerque) also says he will be introducing a constitutional amendment that would take the issue to a popular vote.

Rhode Island Governor Ponders Legalization in Wake of Election Victories. Gov. Gina Raimundo (D) said Tuesday she's ready to more seriously consider legalization after voters in neighboring Massachusetts approved it last week. Democrats control both houses of the legislature, and both House Speaker Thomas Mattiello and Senate Majority Leader Dominick Ruggerio say they are ready to take up legalization bills.

Tennessee Attorney General Says Municipal Decriminalization Measures Not Enforceable. The state's two largest cities, Memphis and Nashville, have both passed decriminalization ordinances this year, but in an opinion issued Wednesday, state Attorney General Herbert Slatery ruled that the measures are unenforceable because there are pre-empted by state laws that continue to make pot possession a criminal offense. "A municipal ordinance that attempts to regulate a field that is regulated by state statute cannot stand if it is contradictory to state law," he wrote.

Las Vegas Prosecutors Announce End to Small-Time Pot Prosecutions. Prosecutors in Clark County, where Las Vegas is located, say they will now quit pursuing charges against people caught with small amounts of marijuana and won't file any new charges for pot possession. Prosecutors in the city of Las Vegas say the same thing. The moves comes in the wake of last week's victory for the Question 2 legalization initiative.

Asset Forfeiture

Texas Asset Forfeiture Reform Bill Filed. State Sen. Juan "Chuy" Hinojosa has pre-filed a bill for the session beginning in January that seeks to raise the burden of proof in asset forfeiture proceedings. The measure, Senate Bill 156, would raise the burden of proof from "a preponderance of the evidence" to "clear and convincing evidence."

Chronicle AM: New England MJ Legalization Heats Up, Oakland Eyes Public MJ Bank, More... (11/16/16)

Last week's legalization victories are reverberating throughout New England, and the city of Oakland is moving toward a publicly-owned bank that could serve pot businesses.

Marijuana

Connecticut Governor Says He's Considering Marijuana Legalization. Gov. Dannel Malloy (D) has said that given last week's votes to legalize marijuana in nearby Maine and Massachusetts, he is reevaluating legalization in his own state. Malloy had previously supported decriminalization, but said that was far enough. But now: "We might have to reexamine our legal position, our position of enforcement, based on what some surrounding states are doing," said Malloy.

Slow Action on Certifying Legalization Vote Could Mean No Legal Weed in Maine Until January. The state's legalization initiative will not go into effect until 30 days after the state certifies and the governor proclaims the results. That could push legalization back until January 7 if the secretary of state's office and the governor take all the time allowed before acting. Legalization supporters had said pot should be legal there by Christmas.

Vermont Legislators Ready to Try to Pass Marijuana Legalization Again. A pair of key lawmakers said they are ready to try to get legalization through the legislature again, but incoming Republican Governor Phil Scott says don't bother. Still, Sen. Dick Sears, chairman of the Senate Judiciary Committee, said legalization votes in Maine and Massachusetts are forcing the state's hand. "For me, that's a game-changer, that Massachusetts has voted to legalize," Sears said. Sears' counterpart in the House, Judiciary Committee chairwoman Rep. Maxine Grad, is also ready to go, saying the Maine and Massachusetts votes will make lawmakers more amenable to moving forward.

City of Oakland Eyes Public Bank for Marijuana Industry. The city of Oakland has taken a first step toward opening a public bank in a move aimed at allowing marijuana businesses access to financial services. Councilwoman Rebecca Kaplan is leading the charge." Creating a local bank in the city of Oakland could benefit lots of local businesses," said Kaplan. "But, it's also a great match for the needs of our growing cannabis industry to have access to safe banking." The issue has already been before the city council and will be again on November 29.

Chronicle AM: ME Recount Possible, DEA Bans "Pink," WI Welfare Drug Tests Start, More... (11/14/16)

Cannabis cafes are coming, Maine legalization foes seek a recount, Massachusetts legislators are threatening to "improve" the legalization initiative, the DEA bans "pink," and more.

Philippines President Rodrigo Duterte wants to get rid of habeas corpus as he wages lethal drug war. (Creative Commons/Wikimedia
Marijuana

Marijuana Victories Will See Cannabis Cafes Coming. The victories for marijuana legalization initiatives in California, Maine, Massachusetts, and Nevada last week will set the stage for social marijuana consumption at licensed venues. Three of the states make provisions for social consumption, while the fourth leaves the issue for legislators. And in Denver, voters approved a local initiative that will allow local businesses to designate "consumption areas" for customers who bring their own weed.

Maine Legalization Foes Seek Recount After Narrow Defeat. Unofficially, the Question 1 legalization initiative won by a mere 5,000 votes out of about 750,000 cast, and that's too close a call for the "no" campaign to just accept. "No" spokesmen are threatening to seek a recount. They have until the end of work Wednesday to collect a hundred signatures in order to seek a recount from the secretary of state's office.

Massachusetts Legislators Turn Eyes on "Improving" Legalization Initiative. Senate President Stan Rosenberg said last Thursday said the Question 4 initiative will need "improvements" to address issues such as marijuana sales taxes, infused edible products, and driving while high. Rosenberg said the legislature could take up the issues shortly after returning in January. But the Question 4 campaign pushed back, saying that legislators should "respect the will of the voters," let regulators do their job crafting regulations, then see if anything needs fixing.

New Psychoactive Substances

DEA Bans Synthetic Opioid Known as "Pink." Using its emergency scheduling powers, the DEA has banned the synthetic opioid U-47700, commonly known as "pink." Effective today, the drug is now a Schedule I controlled substance. The drug has been linked to dozens of confirmed fatalities, and is now banned for 24 months while the DEA decides if it should be permanently placed in Schedule I.

Drug Testing

Wisconsin Welfare Drug Testing Starts Today. As of Monday, people seeking welfare benefits will be subject to drug testing. Republican Gov. Scott Walker painted the move as helping families and employers. "Employers across the state frequently tell me they have good-paying jobs available in high-demand fields, but need their workers to be drug-free," Walker said in a statement. "These important entitlement reforms will help more people find family-supporting jobs, moving them from government dependence to true independence."

International

Philippines President Threatens Drug War Suspension of Habeas Corpus. President Rodrigo Duterte said he is considering suspending habeas corpus because it's just too much work to build cases against individual drug suspects. And he doesn't worry about legality. "I am the president. Of course I have the powers," he said Friday. "I can be ordered by the Supreme Court to stop it, but there are things that they cannot, and maybe, I will not, stop I can go to jail. File all the charges that you can think of. But this country, in my time, will not deteriorate any further." The Philippines constitution says the president may suspend habeas corpus "in case of invasion or rebellion, when the public safety requires it."

Berlin Set to Move on Marijuana Liberalization. The city's governing coalition of Social Democrats, Greens, and the Left Party has agreed to push for partial decriminalization of marijuana. The move would require a waiver from federal authorities to allow experimenting with drug policies that contradict the Federal Intoxicants Law.

Medical Marijuana Update

Medical marijuana went four for four on Election Day, the feds give up on trying to shut down the Berkeley Patients Group, and more. 

National

On Monday, a new report called 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 finds significant progress in reducing addiction and overdose deaths in states that have legalized it.

Arkansas

Last Thursday, the state Supreme Court rejected a bid to reinstate a medical marijuana initiative. 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.

On Tuesday, Arkansas voters approved Issue 6.

California

Last Monday, the feds gave up on trying to shut down Berkeley's flagship dispensary. The Justice Department has given up on its efforts to shut down the Berkeley Patients Group. The three-year effort came to an end Monday, when federal prosecutors in San Francisco filed a motion to dismiss their civil forfeiture case against the dispensary. City officials had supported the dispensary in its battle with then-US Attorney Melinda Haag. The move is the latest sign the federal government is winding down efforts to go after marijuana businesses in states where they are legal. 

District of Columbia

Last Thursday, the DC council approved letting out of state patients purchase medical marijuana. The council has approved a measure to let medical marijuana users from other states use their registration cards to purchase their medicine in the District. The vote was unanimous.

Florida

On Tuesday, the Amendment 2 medical marijuana initiative passed with 71% of the vote.

Montana

On Tuesday, the I-182 medical marijuana initiative passed with 57% of the vote.

New Mexico

Last Friday, a panel voted 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 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.

North Dakota

Last Friday, the medical marijuana initiative campaign got a nice cash boost. 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.

On Tuesday, Measure 5 passed with 64% of the vote.

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

Marijuana Wins Big on Election Day, But Faces Uncertain Future Under Trump [FEATURE]

Donald Trump wasn't the only big winner on Tuesday. Marijuana law reform also had a stellar night, with medical marijuana winning in all four states it was on the ballot and marijuana legalization winning four out of five.

Pot legalization won in California (Prop 64), Maine (Question 1), Massachusetts (Question 4), and Nevada (Question 2), losing only in Arizona (Prop 205), where a deep-pocketed opposition led by a hostile sitting governor managed to blunt the reform thrust. Medical marijuana won overwhelmingly in Florida (Amendment 2), the first state in the South to embrace full-blown medical marijuana, as well as in Arkansas (Question 6), Montana (I-182), and North Dakota (Measure 5).

This week's election doubles the number of legal marijuana states from four to eight and brings the number of full-fledged medical marijuana states to 28. It also means some 50 million people just got pot-legal, more than tripling the number of people living in states that have freed the weed.

 "This is one of the most significant days in the history of marijuana prohibition and this movement," said Rob Kampia, long-time head of the Marijuana Policy Project (MPP), which was behind the legalization initiatives in Arizona, Maine, Massachusetts, and Nevada and which also backed the California initiative. "When four states legalize it, it's a big deal, and California is an even bigger deal. The next time we'll see a day as important as yesterday is when a president signs a bill to end federal marijuana prohibition."

A major question is whether Donald Trump might be that president. During the campaign, he suggested that he would follow President Obama's lead and not interfere with state-level marijuana legalization and regulation (roughly the same position as Hillary Clinton). But his political alliances leave some reformers less than sanguine about a Trump administration.

"Marijuana reform won big across America on Election Day - indeed it's safe to say that no other reform was approved by so many citizens on so many ballots this year," said Ethan Nadelmann, executive director of the Drug Policy Alliance, which was involved in the California campaign. "But the prospect of Donald Trump as our next president concerns me deeply. His most likely appointees to senior law enforcement positions - Rudy Giuliani and Chris Christie - are no friends of marijuana reform, nor is his vice president.

 "The momentum for ending marijuana prohibition took a great leap forward with the victories in California and elsewhere, but the federal government retains the power to hobble much of what we've accomplished," Nadelmann continued. "The progress we've made, and the values that underlie our struggle - freedom, compassion, reason and justice - will be very much at risk when Donald Trump enters the White House."

MPP's Kampia had a more optimistic take.

"The positions of Clinton and Trump were very similar," he said. "We have no reason to believe Trump would escalate the war on nonviolent marijuana users in states where it is legal. States will continue moving forward, and we will see a string of successes in the future, as well as being able to implement the laws passed yesterday."

That remains to be seen, as does the chance that a Republican Congress will move in a positive direction on marijuana. In a Wednesday tele-conference, marijuana reform stalwart Rep. Earl Blumenauer (D-OR), pointed to three areas where congressional action is needed: reforming the IRS's 280-E tax code provision that bars marijuana businesses from getting normal business tax breaks, reforming Treasury Department regulations that bar financial institutions from doing business with pot businesses, and removing barriers to research on marijuana's medical efficacy.

"I believe the next administration will follow the policy of the Obama administration," he said. "We had strong support for legalization in nine diverse states, with more support for these legalize, regulate, and tax policies than for either presidential candidate. The people have spoken, and that will make it easier for us in Congress to build bipartisan support for this legislation. There are now 28 states where there are state-legal businesses having to pay their taxes with shopping bags full of $20 bills. We have growing support in the House and Senate to stop this insanity," Blumenauer said.

"I believe we will see action within the next two years to stop this discrimination against state-legal marijuana businesses," he prophesied. "Now that the playing field has expanded dramatically, including that overwhelming vote in Florida, which will become the second largest state marijuana market in the country, there is even more incentive. Some representatives are ambivalent or even opposed to marijuana legalization, but will serve their constituents."

But, as DPA's Nadelmann noted, even if Congress is favorably disposed to move in a positive direction on marijuana, the Trump executive branch is likely to feature staunch foes of marijuana law reform. Will advisors and possible appointees such as Chris Christie, Rudy Giuliani, and Mike Pence push Trump to try to undo the spreading marijuana legalization movement? And will Trump listen if they do? We will know the answer to these questions only in the fullness of time.

In the meantime, voters in initiative and referendum states and legislators in states without the initiative process can work to create more facts on the ground, more legalization states. National public opinion polls—and this week's elections—show that marijuana legalization is a winning issue. And the more states that legalize it, the more ridiculous, or as Obama put it this week, "untenable," federal marijuana prohibition becomes. Even a Trump victory, with all the frightening prospects that brings, may not be able to stop the marijuana juggernaut. 

Mass Legalizes Marijuana; Maine Still Too Close to Call

New England has become the first region of the country outside the West to embrace marijuana legalization, with voters in Massachusetts approving an initiative Tuesday, while as of early Friday morning, a similar measure in Maine was still too close to call.

At this juncture in the vote count, with 84% of the vote counted, Maine's Question 1 initiative was winning with 51% of the vote, while Massachusetts' Question 4 initiative has won with 53% of the vote. The Associated Press called the Massachusetts victory late Tuesday night

The Maine initiative allows people 21 and over to possess and transport up to 2 ½ ounces of marijuana, along with associated paraphernalia. They may also "gift" up to 2 ½ ounces to other adults. Individuals may also grow up to six flowering plants and 12 immature ones at their residences and keep the fruits of their harvest, which could be considerably more than 2 ½ ounces. They can also purchase up to 2 ½ ounces of marijuana at a time at licensed marijuana retail stores.

If it squeaks through, the Maine initiative will create a thoroughly regulated and licensed system of marijuana cultivation, production, processing, and retail sales, with a 10% tax on retail sales. Tax revenues beyond program costs will go to the state's general fund.

Cities and towns will have the right to regulate and even prohibit marijuana businesses, and the initiative offers no protection against employer drug testing.

The Massachusetts initiative allows people 21 and over to possess an ounce in public and up to 10 ounces at home, as well as the fruits of their harvest of up to six plants. It also legalizes the possession of pot paraphernalia.

And it creates a commission similar to an Alcoholic Beverage Control Commission to oversee and regulate licensed marijuana cultivation, production, testing, and retail facilities. Retail marijuana sales will be subject to the sales tax of 6.25% and an excise tax of 3.75%, or a 10% tax. Cities and counties could add another 2%.

They can also regulate marijuana businesses, or opt out altogether. The initiative offers no protection against employer drug testing. 

Legalization initiatives also won in California and Nevada Tuesday. A legalization initiative in Arizona appeared to be losing early Friday morning. 

Massachusetts Legalizes It, Arkansas Okays Medical Marijuana

The Associated Press has called Massachusetts, saying Question 4 will win. It's currently at 54% with 77% of the vote counted. 

And Arkansas media sources have reported that the Question 6 medical marijuana initiative will pass. It's currently leading 53% to 47%, with 81% of the vote counted. 

California Legalizes Marijuana!!!

California voters approved the Prop 64 marijuana legalization initiative Tuesday, more than tripling the number of Americans who live in weed-legal states. Although four other states had legalized marijuana before this year's election, legalization in the nation's most populous state will provide momentum for nationwide legalization like never before.

"This is the most important moment in the history of the marijuana legalization movement," said Tom Angell, chairman of Marijuana Majority. "California is the sixth-largest economy in the world and is hugely culturally influential. Most importantly, this vote will dramatically accelerate the end of federal marijuana prohibition."

Only 13% of the votes had been counted by 8:30 p.m PST, but the measure never trailed and the trend is clear. As of now, Prop 64 is cruising toward victory with 55% of the vote. The Associated Press called the race at 8:13 p.m., less than a quarter-hour after the polls closed.  

The victory in California, along with other marijuana victories Tuesday, will greatly increase the pressure on Congress to consider repealing pot prohibition, Angell said.

"California alone has just added 53 more U.S. House members to the list of federal lawmakers who represent places where marijuana is legal. Last year we came only nine votes shy of winning an amendment to stop federal interference with state marijuana laws. Do the math," he said.

"With California’s huge vote and other results tonight, our movement is in perfect position to increase our already strong momentum," Angell continued. "Both Donald Trump and Hillary Clinton have repeatedly pledged to respect state marijuana laws. And in an interview last week, President Obama said federal marijuana prohibition would be ‘untenable’ if California legalized marijuana. He was right, and it’s time for Congress to get to work passing legislation to get the DEA out of the way of full and effective implementation of these state laws."

Under Prop 64, people 21 and over can possess up to an ounce of weed and grow up to six plants at home and keep the harvest. The new law also creates a system of state-regulated and –licensed marijuana cultivation, processing, manufacturing, testing, transporting, and retail licenses, and includes provisions designed to protect small ma-and-pa cultivators—the people who made California the marijuana mecca it is today. The new law also sets a 15% excise tax on retail marijuana sales.

State-regulated marijuana commerce won't go into effect until January 1, 2018, but the personal possession and cultivation provisions go into effect now. Forty million people just got legal weed.

Twenty years after California opened up the contemporary marijuana revolution with the passage of the Prop 215 medical marijuana initiative in 1996, the Golden State is now prepared to take legal marijuana to a whole new level. 

CA
United States

AP: California Legalizes Marijuana!

Prop 64 is only leading 51% to 49% with 4% of the vote counted, but AP says it's a done deal. 

North Dakota Okays Medical Marijuana

It's leading 64% to 36% with 71% of the vote counted. 

“More than half the states in the country now have medical marijuana laws, thanks to the decisions tonight by North Dakota voters and those in Floridam," said Tom Angell, chairman of Marijuana Majority. "To be candid, very few people in our movement expected this result, and it happened with almost no coordination or major assistance from national organizations." 

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