Medical Marijuana

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Chronicle AM -- February 10, 2014

State legislatures are busy with drug policy issues, particularly marijuana and medical marijuana, a Texas grand jury refuses to indict a man who killed a cop in a no-knock drug raid, Mexican vigilantes are duking it out with the Knights Templar in Michoacan, and more. Let's get to it:

Marijuana Policy

Southern Cannabis Reform Conference in Atlanta Next Month. Peachtree NORML is hosting a marijuana reform conference in Atlanta on March 22. Click on the title link for ticket information.

Washington Bill Would Use Marijuana Revenue to Help Fund College Tuition. A bill introduced by Sen. Mike Baumgartner (R-Spokane) to effectively cap tuition rates at state colleges and universities relies in part on expected marijuana tax revenues. The bill, House Bill 6043 is part of Baumgartner's broader plan to improve basic education and ease the tuition burden on college students.

Legalization Bill Stalls in New Mexico Senate. A bill that would let New Mexico voters decide whether to legalize marijuana is stalled -- at least for now -- in the state Senate. The Rules Committee last Friday failed to debate it, but bill sponsor Sen. Gerald Ortiz y Pino said he hoped the committee would take it up this week.

New Hampshire House Subcommittee Meeting on Legalization Bill Today. A House Ways and Means Committee subcommittee is discussing the revenue and regulatory aspects of a bill that would make marijuana legal and regulate it like alcohol in the Granite State. House Bill 492 would make personal possession and home cultivation of limited amounts of marijuana legal for adults age 21 and older. It would also direct the state to license and regulate marijuana retail, cultivation, production, and testing facilities. The subcommittee is expected to consider changes to the bill's proposed system for taxing and regulating marijuana. The bill has already passed the House once, but must do so again before heading to the Senate.

Los Angeles Mayor Suggests He Could Support Legalization. In an interview with a local TV station, LA Mayor Eric Garcetti suggested he could support an initiative that legalized marijuana. "[Legalizing marijuana] would make life easier to me in terms of the regulations... I think there's probably a majority of Californians that would like to see that, and I generally would be for that. I've never seen much of a difference between marijuana and alcohol... alcohol has rules around it," Garcetti said. "If we had something similar with marijuana it would probably be a good revenue generator." To listen, go to the 3:23 mark in the second video.

Hawaii Appeals Court Nixes Local Lowest Law Enforcement Priority Initiative. The Hawaii Intermediate Court of Appeals ruled last Friday that a voter-approved Hilo County initiative directing law enforcement to make adult personal use of marijuana on private property its lowest priority is unenforceable. The 2008 initiative won handily in Hilo, but the county council failed to implement it. Both a district court and now the appeals court have ruled that state marijuana laws preempt it. Advocates vowed to appeal to the state Supreme Court.

Oregon Bill to Refer Legalization to Voters Gets Hearing Tuesday. A bill that would put a legislature-written marijuana legalization initiative on the November ballot gets a hearing Tuesday. Senate Bill 1556 is set for a hearing before the Senate Judiciary Committee.

Medical Marijuana

Oregon Bill to Let Localities Ban Dispensaries Gets Hearing Tuesday. A bill that would allow cities and counties to ban dispensaries gets a hearing Tuesday. The bill, Senate Bill 1531, will be heard by the Senate Judiciary Committee.

Colorado Patient Wins Fight to Stay in Federal Housing. A quadriplegic medical marijuana patient who was threatened with eviction from the Longmont Housing Authority has prevailed in her struggle to remain, and she has prompted the housing agency to create a new policy. Ashley Weber is that patient.

Support for Medical Marijuana in Guam at 55%. A University of Guam poll has support for medical marijuana at 55%. The poll comes as the Guam legislature considers a bill that would ask residents to vote in a referendum to approve medical marijuana.

Support for Medical Marijuana in Kentucky at 52%. The latest Bluegrass Poll has support for medical marijuana in Kentucky at 52%, with 37% opposed. Last year, the same poll had support for "prescribed" marijuana at 60%. This year's poll dropped "prescribed," and that accounted for the difference, said pollster Jay Leve of SurveyUSA. A CBD medical marijuana bill is currently before the legislature.

Support for Medical Marijuana Amendment in Florida at 57%. A Gravis Marketing poll has support for the state's medical marijuana initiative at 57%, with 31% opposed. But support dropped dramatically when voters were reminded that the production and sale of marijuana remained illegal under federal law, with 54% opposing, 27% supporting, and 19% uncertain.

Arizona Officials Propose Easing Rules. State health officials are proposing changes for Arizona's medical marijuana program, including one that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

Wisconsin CBD Medical Marijuana Bill Gets Hearing Wednesday. A bill that would allow for the use of CBD cannabis oil gets a hearing in the Assembly Committee on Children and Families Wednesday. The bill, Assembly Bill 726, has three Republican cosponsors, but faces other hostile Republican legislators.

Methamphetamine

South Dakota Bill to Add State to National Monitoring System Passes Senate. A bill that would add South Dakota to the National Precursor Log Exchange (NPLEx) passed the Senate last week and now heads to the House. Senate Bill 24 is supported by Attorney General Marty Jackley and other state officials. Under the bill, retailers selling pseudoephedrine (e.g. Sudafed) would electronically submit the purchaser's name, date of birth and address, along with the quantity sold at the specific time and date. [Ed: Methamphetamine manufacturing rings have gotten around pseudoephedrine purchase limits by hiring "smurfers" to buy the substance for them. It's not clear how the national database will be more effective in this regard than previous monitoring systems.]

Drug Testing

West Virginia Public Benefits Drug Testing Bill Targets Felons and Drug Offenders. Convicted felons and drug offenders would have to pass a drug test before obtaining federal or state assistance under a bill introduced in the state legislature last Thursday. House Bill 4433 would mandate that those who fail the drug tests would be ineligible to apply for assistance for two years, but that would drop to six months if they took drug treatment and passed a second drug test. The bill is before the House Judiciary Committee.

Sentencing

Missouri Criminal Code Revisions Would Cut Drug Sentences. An 1,100-page bill that revamps the state's criminal laws reduces a number of drug sentences. Marijuana possession would be reduced from up to a year in jail to no jail time for first offenders. Felony drug possession maximum sentences would drop from seven years to four. The bill has more support in the Senate than in the House, where Rep. Stanley Cox (R-Sedalia), head of the House Judiciary Committee, said he opposed using the bill to change the drug laws. The bill is Senate Bill 491.

Federal Judge Cuts Marijuana Sentences, Citing Likely Federal Sentencing Reforms. Why wait? A Tennessee federal judge last Thursday gave reduced prison sentences to three major marijuana offenders, saying he expects Congress to act to lower sentences for drug offenders. Judge Curtis Collier citing the pending approval of the Smarter Sentencing Act and recommendations from the US Sentencing Commission. The three defendants got about half the prison time they otherwise would have.

Law Enforcement

Innovative Diversion Program Underway in Santa Fe, New Mexico. The Santa Fe city council has approved adoption of the Law Enforcement Assisted Diversion (LEAD) program pioneered in Seattle. Instead of sending minor offenders back into the criminal justice system, LEAD offers them a chance to obtain essential wraparound services, such as housing, job training, transportation, counseling and addiction treatment -- all of which might help them stay away from crime and live a better life. The Drug Policy Alliance is credited with turning local leaders on to the program.

Utah Cops Pay $75,000 to Settle Wrong House Drug Raid Lawsuit. Salt Lake City will pay $75,000 to settle a claim filed by a 76-year-old woman after narcotics detectives raided the wrong house and pointed a gun at her. The no-knock raid in 2012 led to an immediate apology by the police chief and new leadership in the narcotics division. The claim was actually settled in November, but local media only unearthed it after filing FOIA requests.

Texas Grand Jury Refuses to Return Murder Indictment Against Home Owner Who Killed Cop in No-Knock Drug Raid. A Central Texas grand jury has refused to return a murder indictment against a Burleson County man who shot and killed sheriff's Sgt. Adam Sowders as Sowders led a group of law enforcement raiders through the door of the man's mobile home in a no-knock, pre-dawn drug raid on December 19. The raiders had a search warrant for the home of Henry Goedrich Magee and were looking for marijuana plants and guns. But when they burst through the door, Magee, who was sleeping with his girlfriend, feared a home invasion robbery, grabbed a gun from his bed side, and opened fire, killing Sowders.

International

Britain's Nick Clegg Continues Stirring the Pot on Drug Reform. Liberal Democrat leader and coalition government junior partner Nick Clegg continues to demand that drug reform be taken seriously in Britain. He penned a strong op-ed in The Observer Sunday bewailing the failures of the drug war and calling for an end to "the tradition where politicians only talk about drug reform when they have left office because they fear the political consequences."

Colombians Say Mexican Cartels are Now Cooking Their Own Cocaine. Mexican drug cartels are moving on from importing South American cocaine and are now manufacturing their own, according to Colombian authorities. The claim came after Colombian police busted a load of more than a thousand pounds of coca paste as it was being loaded on a plane to Mexico. "It's the first time we've made that kind of seizure," General Ricardo Restrepo, head of the police anti-narcotics unit, said. "If they're buying paste, it's because they have a laboratory there."

Mexican Vigilantes Take Over Cartel-Held Michoacan City. Anti-cartel vigilantes now organized as part of state police forces arrived in the Knights Templar stronghold of Apatzingan, Michoacan, on Saturday. Hundreds of vigilantes, backed by armored vehicles and army troops moved into the center of town. Searches for Knights Templar leaders and members are now reportedly underway.

Chronicle AM -- February 7, 2014

Marijuana and medical marijuana dominate the drug policy news again today, the Maryland Senate votes to ban Everclear, meth and prescription pills continue to draw legislative attention, and Schapelle Corby will soon be freed from an Indonesian jail, and more. Let's get to it:

Schapelle Corby will soon walk out of an Indonesian jail.
Marijuana Policy

New Mexico Senate Committee Considers Legalization Bill Today. The Senate Rules Committee was expected to consider a marijuana legalization bill today. The bill is Senate Joint Resolution 10, sponsored by Sen. Gerald Ortiz y Pino (D-Albuquerque). It would create a constitutional amendment legalizing marijuana, which, if approved by the legislature, would then have to be approved by voters in a referendum.

Arizona Legalization Bill Introduced.Sen. Ruben Gallego (D-Phoenix) has introduced House Bill 2558, which would allow adults to use, possess, and cultivate small amounts of marijuana, and set up a system to tax and regulate marijuana commerce.

Oregon Bill Would Allow Gun License Despite Marijuana Conviction. Oregon law currently allow people with marijuana possession convictions to obtain a concealed hand gun permit, but a new bill, House Bill 4068 would expand that protection to include people busted in other states, and perhaps, people busted before 1973. The bill got a hearing Wednesday. It is supported by the Oregon State Sheriff's Association, which called it "an issue of fundamental fairness."

Joe Biden Reiterates Obama Administration Marijuana Policy. While the Obama administration thinks cracking down on marijuana is a waste of resources, it doesn't favor legalizing it, either, Vice President Biden told Time magazine Thursday. "I think the idea of focusing significant resources on interdicting or convicting people for smoking marijuana is a waste of our resources," Biden said. "That's different than [legalization.] Our policy for our administration is still not legalization, and that is and continues to be our policy."

Massachusetts Poll Has Slight Majority for Legalization. A new Suffolk University/Boston Herald poll has support for marijuana legalization in the Bay State at 53%, with 37% opposed and 10% undecided.

Medical Marijuana

Michigan High Court Rules for Medical Marijuana. In a bellwether case, the Michigan Supreme Court ruled Thursday that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming. A number of cities had attempted to ban medical marijuana activities, but the ruling says they cannot do that, although they can regulate them.

Maine Medical Marijuana Bills Get Hearings. Medical marijuana bills are getting attention in Augusta. Legislative Document 1674, which would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves, got a hearing Thursday. Legislative Document 1597, which would give government officials access to any medical marijuana grow, is set for a hearing next Thursday. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad. Legislative Document 1739 would create additional regulations and is set for a hearing next Tuesday. Click on the title link for more hearing information.

Florida CBD Medical Marijuana Bill Filed. Rep. Matt Gaetz (R-Shalimar) has filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia CBD Medical Marijuana Bill Gets Hearing Monday. A bill that would allow the use of high-CBD cannabis oil for patients suffering from certain types of seizures will get a hearing Monday. House Bill 885, sponsored by Rep. Allen Peake (R-Macon), will get a hearing at the House Health and Human Services Committee.

Hemp

President Obama Signs Farms Bill With Hemp Amendment. President Obama Friday signed into law the omnibus farm bill, which includes a hemp amendment allowing for research pilot projects in states that have approved them.

Hemp Bill Moving in Washington State. A bill that would authorize Washington State University to study the feasibility and value of a hemp industry in the state is on the move. House Bill 1888 passed out of the House Appropriations Subcommittee on General Government & Information Technology Thursday and now heads for the Ways and Means Committee. The just-passed federal farm bill includes a provision allowing for hemp research in states that have approved it.

Alcohol

Maryland Senate Passes Ban on Everclear. The Maryland Senate this approved a bill that would ban the sale of any alcohol product at or above 190 proof, or 95% ethyl alcohol. The bill is Senate Bill 75, and supporters said the ban would cut down on binge drinking and date rape, but opponents called it a "feel good" move. Similar legislation has twice previously passed the Senate, only to die in the House, but this year it has the backing of Del. Charles Barkley (D-Montgomery), chair of the Economic Matters subcommittee on alcohol, which increases its chances of getting a floor vote.

Prescription Drugs

South Carolina Bill Would Increase Penalties for Pill Trafficking, Set Them By Pill Quantity. A bill backed by Lt. Gov Glenn McConnell (R) and aimed at what he called "a criminal cancer that will affect the health of seniors" would increase penalties for prescription drug trafficking and set penalties based on the number of pills seized -- not the weight of the drugs. Possession of 600 or more prescription pills would garner a mandatory minimum 15-year prison sentence. Senate Bill 1012 would also make having multiple prescriptions for the same drug evidence of possession with intent to distribute.

Methamphetamine

Michigan Bill Would Bar Drug Felons From Buying Pseudoephedrine. A bill that would bar people with felony drug convictions from purchasing products containing pseudoephedrine, a precursor chemical for meth, got a hearing Wednesday in the House Criminal Justice Committee. House Bill 5088 was introduced by Rep. John Kivela (D-Marquette). Two related bills, House Bill 5089 and House Bill 5090 were also discussed. They address "smurfing."

Harm Reduction

Needle Exchange Reform Bill Moving in Maryland. The state Senate Thursday approved a bill to undo a restriction in existing state law that prevents injection drug users from picking up more clean needles at the Baltimore needle exchange than they turn in. The Senate approved Senate Bill 263 by an overwhelming 39-5 vote. The measure now heads to the House.

International

Schapelle Corby Wins Parole in Indonesia. Indonesian authorities announced Friday that Schapelle Corby, an Australian woman whose case made international headlines when she was convicted for smuggling nine pounds of marijuana into Bali in 2005, has been paroled. It's not clear yet when she will actually walk out of prison in Bali. She had been sentenced to 20 years in what many Australians considered a set-up.

Michigan High Court Rules for Medical Marijuana

In a bellwether case, the Michigan Supreme Court has ruled that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming.

In that case, registered patient James Ter Beek sued the city of Wyoming after it passed a 2010 ordinance designed to block the use of medical marijuana in the city by prohibiting any use, cultivation, or manufacture of the plant.

"The fact is medical marijuana helps people; it's helped me," said Ter Beek, a retired attorney who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain. "I've tried narcotic-based drugs like Vicodin and OxyContin and nothing worked like medical marijuana. I have more freedom than ever before and I couldn't just sit by as our elected officials try to take that away from me and thousands of others."

Ter Beek, represented by the ACLU of Michigan, argued that the ordinance made him fear arrest and prosecution for activities explicitly protected by the medical marijuana law, and that the state law should preempt the local ordinance. The city, on the other hand, argued that its ordinance sought to uphold federal as well as state law, and that the federal Controlled Substances Act preempted the state law.

Ter Beek lost in district court, but won on appeal. Now, the state's highest court has upheld that decision.

Wyoming's ordinance "directly conflicts" with the state's medical marijuana because it allows what the law "expressly prohibits: the imposition of any penalty, including a civil one, on a registered qualifying patient whose medical use of marijuana falls with... the immunity" granted under state law, Justice Bridget McCormack wrote for a unanimous court.

Federal laws prohibiting marijuana do not preempt the state Medical Marihuana Act because it "doesn't interfere with or undermine federal enforcement of that prohibition," McCormack wrote. That doesn't mean people protected under the state law are immune from federal arrest or prosecution, the court was quick to note.

The Supreme Court decision also invalidates similar ordinances in other Michigan cities that attempted to use them to block medical marijuana activities, including Birmingham, Bloomfield Hills, and Livonia. The ACLU of Michigan had challenged ordinances in all three of those cities as well.

Lansing, MI
United States

Chronicle AM -- February 6, 2014

A slight majority in Rhode Island say legalize it, CBD medical marijuana bills are popping up in several states, Uruguay's marijuana-legalizing president gets a Nobel Peace Prize nomination, and more. Let's get to it:

Uruguayan President Jose Mujica has been nominated for the Nobel Peace Prize (gob.uy)
Marijuana Policy

Oregon Bill to Study Legalization Advances. A bill that would direct the state Department of Justice to examine laws to see what changes would need to be made in the event of marijuana legalization passed the House Judiciary Committee Wednesday. That bill is House Bill 4099, which now moves to the Budget Committee. This is not the bill that would have the legislature put an initiative on the November ballot. That bill is Senate Bill 1556.

Slight Majority Supports Legalization in Rhode Island Poll. A Public Policy Polling survey commissioned by the Marijuana Policy Project has support for legalization at 53%. The poll also found that 38% thought marijuana was safer than alcohol, compared to 21% vice versa. Another 21% thought the two were equally dangerous, while 20% said they didn't know. Click on the title link for the poll results.

Medical Marijuana

Alabama CBD Bill Wins Committee Approval. The Senate Judiciary Committee Wednesday approved a bill that would allow for the use of cannabidiol (CBD) for certain medical conditions, including seizures, severe or chronic pain, or "any other condition that is severe and resistant to conventional medicine." The bill is Senate Bill 174, which now goes to the full Senate.

CBD Bill Filed in Kentucky. State Sen. Julie Denton (R-Louisville) and eight cosponsors Wednesday filed Senate Bill 124, which would allow the use of CBD cannabis oils for children with epilepsy.

Public Hearing Next Tuesday on Oregon Local Control Dispensary Bill. There will be a public hearing in the Senate Judiciary Committee next Tuesday on Senate Bill 1531, which would allow local government to regulate or ban dispensaries. The bill is supported by associations of state city and county governments, but opposed by medical marijuana supporters. The legislature voted last year to approve a system of statewide dispensary regulations, which will begin to take effect March 1.

Americans for Safe Access Seeks Petition Signatures to Boost Effort on Organ Transplants for California Medical Marijuana Patients. Americans for Safe Access is seeking to show support for possible legislation protecting California medical marijuana patients who may need organ transplants. Hospitals and doctors have been reluctant to okay transplants for medical marijuana patients, whom they deem drug abusers. Click on the title link to get to the petition.

Rhode Island Attorney General Chides Dispensary on Advertising. In a Wednesday press release, Rhode Island Attorney General Peter Kilmartin chided the Thomas C. Slater Compassion Center for recent email advertising campaigns offering discounts and special holiday packages. "Can you imagine the public outcry if the local pharmacy started offering [half] off Oxycontin or medicinal drugs?'' Kilmartin said. "Compassion centers should be held to the same standard and should be prohibited from offering discounts or sales on medicinal marijuana.'' The dispensary said it would stop advertising its products.

International

Uruguay's Marijuana-Legalizing President Mujica Nominated for Nobel Peace Prize. Uruguayan President Jose "Pepe" Mujica has been nominated for the Nobel Peace Prize. He was nominated by members of his own Frente Amplio political party, as well as a Dutch NGO, the Drugs Peace Institute. His supporters cited his pioneering policy of legalizing and regulating marijuana commerce.

Peru Says Still Committed to Eradicating 75,000 Acres of Coca in the VRAEM. Carmen Masias, head of the Peruvian anti-drug agency DEVIDA, said Tuesday the Peruvian government remains committed to eradicating 75,000 acres of coca crops in the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM). The area accounts for more than half of all Peruvian coca production. [Ed: Historically coca eradication has merely shifted growing from one area to another -- causing deforestation in the process. A recent report highlighted the impact drug trafficking (not growing, but a similar idea) has on forests, and the author suggested reforming drug policies.]

Australia's Victoria Plans Construction Site Drug Testing; Union Strongly Objects. Victoria Premier Dennis Napthine said Thursday he would require construction companies to implement strict alcohol and drug testing policies to qualify for government contracts. The main construction union, the Victorian Construction, Forestry, Mining, and Energy Union (CSMEU) condemned the move as a "slur" on construction workers, saying there was no evidence that people in the industry had any more drug problems than anybody else.

Iranian Meth Offender Survives Execution, Gets Sentence Reduced to Life. An Iranian man who was revived in the morgue after being hung for possessing a kilo of meth has been granted a reprieve by the Iranian amnesty commission. The man, identified only as Alireza M., 37, instead will now be sentenced only to life in prison. The man's revival after execution raised thorny questions for Iranian jurists and clerics about whether he should be re-executed or not.

Medical Marijuana Update

Project CBD takes on the skeptics on cannabidiol, medical marijuana bills move in Guam, but not in Michigan, and California counties continue to slug it out over dispensaries and grows. Let's get to it:

National

On Monday, Project CBD struck back against criticism from Project SAM. Project CBD's Martin Lee penned a lengthy rebuttal of charges made in a recent Project SAM "fact sheet" seeking to justify continuing marijuana prohibition by misinforming the public about cannabidiol and THC. It's worth reading in its entirety.

California

On Tuesday, Lake County supervisors voted to put their cultivation ordinance to the voters. The grow ordinance, passed in December, bans outdoor cultivation in community growth boundaries; limits plant numbers on parcels larger than one acre outside of community growth boundaries to six mature or 12 immature plants; prevents grows on vacant parcels; limits indoor grows to 100 square feet or less; keeps outdoor cultivation 1,000 feet from schools, parks or other facilities serving children, and 100 feet from water bodies; offers quicker abatement; and makes the Lake County Sheriff's Office responsible for enforcement. But last month, the Community Alliance to Ban Illegal Cannabis Cultivation submitted substantially more than enough signatures to force a vote. This will be the third referendum the county has faced on medical marijuana rules.

Also on Tuesday, Fresno County supervisors voted to close a loophole in their county-wide cultivation ban. The most recent ban ordinance had neglected to cover cultivation in areas zoned for manufacturing, but the board eliminated that oversight Tuesday. Medical marijuana advocates say they're not giving up their fight. They already are gathering signatures for a referendum to overturn the bans. Fresno Cannabis has a petition on its website and needs 20,130 signatures by Thursday to halt the ban until county supervisors reverse their vote or a countywide election is held.

Last Thursday and Friday, San Bernardino County police raided dispensaries in Needles as part of a bistate enforcement operation with Arizona authorities. They seized 445 pounds of medical marijuana. The cops said people were using fake California patient IDs to purchase marijuana when they weren't California residents, and that some dispensary operators actually resided in Arizona.

Also on Tuesday, Tuolumne County supervisors scrapped an ordinance that would have banned dispensaries and outdoor grows. The unanimous decision came after the planning commission voted 6-1 to table its plan after dozens of citizens showed up to speak against the ordinance -- and none spoke for it.

Delaware

On Tuesday, state officials finalized regulations for a single dispensary. The Marijuana Policy Project has complained that it is limited to growing 150 plants, "too few to meet patients' needs," the group says. But the governor and the Department of Health and Human Services are refusing to remove the cap.

Guam

Last Saturday, the Guam Senate voted to put medical marijuana before the voters. The bill must still be signed (or at least not vetoed) by the governor before it heads to the ballot. Bill sponsor Sen. Tina Muna Barnes amended an earlier version of the measure to allow for a popular vote after hearing demands for it during debate in recent weeks.

Michigan

Last Friday, a key legislator said he was blocking medical marijuana bills. One bill would allow for dispensaries, while the other would allow for edibles. But Senate Majority Leader Randy Richardville (R-Monroe) said he would block any movement. "I'm going to sit on them for awhile," he said. "We don't want this ballot initiative to take over. I believe a vast majority of people who voted for it believed we were talking about prescription type of marijuana. Unless it's a real strict distribution system, we're not going to take a chance. At this point, I'm not in favor of dispensaries."

New Mexico

Last Friday, a Santa Fe man filed suit against the Department of Health claiming it has refused to issue him a cultivation license. Mark Springer, owner of Medical Marijuana, Inc., is seeking to force the department to reopen the application period for eligible marijuana growers and permit them to grow more of the plant.

Utah

On Monday, a bill that would allow the use of CBD cannabis oil for epileptic kids was filed at the state house in Salt Lake City. Introduced by Rep. Gage Froerer (R-Ogden), House Bill 100 amends Utah law to allow people to possess the hemp oil extract and give it to minors without being charged with violating the state's controlled substances laws. The bill also requires the Utah Department of Health to issue parents a 'hemp extract registration card' to bring the cannabis oil across state lines into Utah.

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

Chronicle AM -- February 5, 2014

Alaska will vote on marijuana legalization this summer, the DC council gives preliminary approval to a decriminalization bill, the farm bill with the hemp amendment intact passes Congress, advocates urge India's parliament to act on access to pain medications, and more. Let's get to it:

Marijuana Policy

Patients in India need access to opioid pain medications, too. (cansupport.org)
Alaska Legalization Initiative Qualifies for Ballot. State election officials said Tuesday that a marijuana legalization initiative has enough signatures to qualify for the August ballot. The measure isn't officially certified yet, but it's all but a done deal.

DC Council Gives Preliminary Approval to Decriminalization. The District of Columbia city council Tuesday approved a marijuana decriminalization bill, Council Bill 20-409, but only after first accepting amendments that would criminalize the public use of marijuana and allow police to search vehicles if they encounter the odor of marijuana. A second and final vote will most probably happen next month, and efforts are underway to strip out the bad amendments. Meanwhile, a legalization bill and a legalization initiative are pending.

Deputy Drug Czar Forced to Admit Marijuana Safer Than Alcohol. Deputy ONDCP head Michael Botticelli had a rough hearing Tuesday at the House Government Oversight Committee. Rep. Gerry Connolly (D-VA) got him to admit that marijuana is safer than alcohol, but it was a painful process. Click on the link for the dialog.

Medical Marijuana

Delaware Finalizes Regulations for a Single Medical Marijuana Compassion Center. The Marijuana Policy Project complains that its limit of 150 plants will be too few to meet patients' needs, but says its efforts to get the cap lifted have been blocked. Maybe the regs can be changed later, the group said.

Project CBD Responds to Attacks from Project SAM. Project CBD's Martin Lee has penned a lengthy rebuttal of a recent Project SAM (Smart Approaches to Marijuana) "fact sheet" that seeks to justify continued marijuana prohibition "by misinforming the public about cannabidiol and THC." Check it out at the title link.

Hemp

Farm Bill With Hemp Amendment Passes Congress. The Senate Tuesday passed the omnibus farm bill with the hemp amendment intact. The amendment will allow universities and agriculture departments that have approved hemp production to undertake research. The president is expected to sign the bill any day now.

Drug Testing

Farm Bill Passes Congress Without Drug Testing Amendment. The same Farm Bill package that passed the Senate did not include language passed in a version of the bill last summer that would have encouraged states to drug test recipients of Supplemental Nutritional Assistance, also known as food stamps.

South Dakota Public Benefits Drug Testing Bill Dies. A bill that would have required drug screening and testing for public benefits recipients died Tuesday in the Senate Health and Human Services Committee on a 5-2 vote. The bill had been fiercely opposed by the administration of Republican Gov. Dennis Daugard.

Law Enforcement

Silk Road Mastermind Indicted By Feds. Ross Ulbricht, the suspected mastermind behind the dark web's Silk Road web site, has been indicted by federal prosecutors for allegedly trafficking drugs through the site. The indictment supersedes the original complaint from October 2013. Meanwhile, another version of Silk Road is back online, and so are competitors.

Prescription Drugs

Florida Prescription Drug Database Overhaul With Privacy Protections Passes Senate Committee. A bill that amends the state's Prescription Drug Monitoring Program to require investigators to get court orders to access the database passed the Senate Health Policy Committee Tuesday. The move came over the objection of law enforcement, which said it would hamper its ability to curb the abuse of controlled substances. The bill is Senate Bill 7106.

Students

South Dakota Bill to Reduce Collateral Student Drug Punishments Advances. The Senate Education Committee Tuesday approved a bill that would reduce the collateral penalties for high school students convicted of drug offenses. Under current state law, students convicted of drug offenses are suspended from school activities for a year, but can get that reduced to 60 days if they attend treatment or counseling. The bill approved by the committee would reduce that to 30 days if the student undergoes treatment.

International

British PM Rejects Junior Partner's Call to End "Unwinnable" Drug War. British Prime Minister David Cameron flatly rejected Deputy PM Nick Clegg's call to end the war on drugs and explore alternative approaches. Clegg made his comments in over the weekend on a trip to Colombia, but Cameron was having none of it, according to a spokesman: "No. The PM's views are well-known and unchanged," when asked if Cameron agreed. "He thinks that we have the right approach. The government has a good record in this area, with drug usage at the lowest level since records began." [Ed: Actually, the prime minister's views are changed, or at least the public version of them. Prior to becoming prime minister, Cameron favored legalization.]

Indian Doctors, Advocates Call for Parliament to Quit Dithering, Pass Opioid Medication Law. Indian doctors and pain patient advocates are calling on parliament to pass an amendment to the Narcotic Drugs and Psychotropic Substances Bill that would increase the availability of opioid pain medications. They say millions of Indians are suffering from untreated pain because of lack of access to such substances. Among the groups calling for action on the bill are Pallium India, the Indian Association of Palliative Care, and CanSupport, which provides home care and palliative care for patients with cancer.

Chronicle AM -- February 4, 2014

Legalization proves profitable for Colorado's coffers, decrim moves closer in DC, more drug test bills get filed, Vermont attempts to do something about its opioid problem, a crime lab scandal brews in Florida, and more. Let's get to it:

meth house (assumptionsheriff.com)
Marijuana Policy

DC City Council Approves Decriminalization Bill. The District of Columbia city council today gave initial approval to the "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409), which would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. The bill still faces another council vote, needs the approval of the mayor, then needs Congress to let it happen.

Colorado Takes in $1.2 Million in Marijuana Taxes in First Month. According to an NBC News survey of Colorado retail marijuana shops, pot sales in the month since they were legal have contributed at least $1.24 million in tax revenues to state coffers. But wait -- there's more: The survey only counted tax receipts from half of the shops that opened New Year's Day, meaning the month's total is probably in the $2.4 million to $3 million range.

Arizona Democrat Files Marijuana Legalization Bill. State Rep. Ruben Gallegos (D) and 12 other Democrats have filed a bill to "regulate and tax marijuana in a manner similar to alcohol." The measure, House Bill 2558, allows for the possession of up to an ounce and a small number of plants as well. Another bill, House Bill 2474, would decriminalize the possession of up to an ounce.

Medical Marijuana

CBD Oil Medical Marijuana Bill for Epileptic Kids Filed in Utah. A bill that would allow for the importation into the state of marijuana extracts containing cannabidiol for use by epileptic children has been filed in Salt Lake City. Rep. Gage Froerer (R-Huntsville) introduced House Bill 100 yesterday.

Hemp

Indiana Senate Passes Hemp Bill. A bill that would allow the production of industrial hemp in the Hoosier State was approved unanimously by the Indiana Senate Monday. Senate Bill 357 would require a waiver from federal law before hemp could be grown there. The bill now heads to the House.

Drug Testing

Georgia Food Stamp Drug Test Bill Filed. State Rep. Greg Morris (R-Vidalia) has filed a bill to require mandatory, suspicionless drug testing for food stamp recipients. The bill is House Bill 772. Similar legislation ordering mandatory, suspicionless drug testing for welfare recipients was signed into law in 2012, but never implemented after a federal judge struck down a similar Florida law.

Northern Marianas Bills Would Require Drug Tests for Candidates, Elected Officials. Bills that would require that candidates for political office and elected officials submit to mandatory drug testing have passed the House Committee on Judiciary and Government Operations. House Bill 18-21 requires testing for candidates, and House Bill 18-152 requires testing for elected officials. The US Supreme Court has found a similar Georgia law unconstitutional.

Drug Treatment

Vermont Rolls Out Early Intervention Program for Criminal Drug Users. Gov. Peter Shumlin (D) and other state officials Monday announced a new program to divert crime-committing drug users into a pre-court, 90-day drug treatment program. If they successfully complete the program, they will not be prosecuted. Only those with nonviolent offenses will be eligible. "Instead of treating this as a crime, let's treat it as the disease that it is and offer addicts the opportunity to get into treatment, get the support they need and if they succeed, never to have to go through the criminal process," Shumlin said Monday at the Rutland County Courthouse.

Law Enforcement

Crime Lab Scandal Has Florida Police Reviewing Thousands of Drug Cases. Hundreds of drug convictions may be jeopardized and thousands of drug cases are under review in Florida after a single chemist at a state-run crime lab was accused of tampering with evidence. The chemist, who works at the Pensacola Regional Crime Lab, is suspected of removing "large" quantities of prescription pills from evidence packages and replacing them with over-the-counter medications, the Florida Department of Law Enforcement announced Saturday. That chemist handled at least 2,600 drug cases.

Methamphetamine

Indiana House Passes Meth Property Disclosure Bill. A bill that would require Indiana property owners to disclose to potential new buyers whether the property had previously been used to manufacture methamphetamine passed the House Monday. The bill, House Bill 1141, would require that such properties be listed on a state web site until at least 90 days after it has been certified as decontaminated. The measure now goes to the Senate.

International

Scholar Francisco Thoumi Offers Comprehensive Analysis of FARC Illicit Drug Cultivation Proposals. Colombian scholar Francisco Thoumi, a long-renowned expert on drug production and trafficking there, has authored a lengthy analysis of the FARC's proposals in peace negotiations with the Colombian government in the area of illicit crop cultivation. The article is Las FARC y el campesinado cultivador de plantas ilícitas: dilemas, ideología y decisiones (The FARC and the Drug-Growing Peasantry: Dilemmas, Ideology, and Decisions). It is in Spanish, but can be translated.

In Colombia, British Liberal Democrat Leader Says UK Should Abandon Current Drug Policies. During a visit to Colombia, British Lib Dem leader Nick Clegg said Britain should abandon its current drug policies because they're not working. He said new approaches were needed, but declined to back full legalization. He said the Lib Dems would offer their own alternative proposals shortly.

Chronicle AM -- February 3, 2014

Short-sighted Tories slam a Welsh harm reduction drug testing program, DC could decriminalize marijuana possession tomorrow, Oregon's governor thinks the legislature should legalize it, South Dakota legislators get busy with bad bills, and a South Dakota Indian reservation is thinking about legalization, and more. Let's get to it:

Marijuana Policy

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

Oregon Governor Wants Legislature to Act on Legalization. Faced with the seeming inevitability of marijuana legalization in his state, Oregon Gov. John Kitzhaber (D) said last Friday the legislature should take it up. "I hear the drumbeats from Washington and Colorado," he said. "I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that." A bill to do that, Senate Bill 1556, is currently before the legislature. If the legislature doesn't act, a ballot initiative that could legalize marijuana in the state is waiting in the wings.

South Dakota's Pine Ridge Indian Reservation Considers Legalization. The Oglala Sioux Tribal Council on southwestern South Dakota's Pine Ridge Reservation has taken preliminary steps toward a public vote on marijuana legalization. Last week, the tribe's business development community approved the measure, and Tribal Chairman James Cross supports it. The full tribal council could approve a vote within the next month.

California Legalization Initiative Cleared for Signature-Gathering. The Marijuana Control, Legalization and Revenue Act (MCLR) initiative was approved last Friday for signature gathering to begin. Organizers now have until May to qualify for the November 2014 ballot. They need 504,000 valid voter signatures to do so. Three other legalization initiatives have also been submitted, but at this point, it appears unlikely that any of the initiatives will qualify for the ballot.

Two-Thirds of Hawaiians Ready to Legalize It, Poll Finds. Support for marijuana legalization in the Aloha State has jumped nine points since 2012 and now stands at 66%, according to a new QMark Research Poll. The survey also found 77% opposed jail time for pot possession and 85% supported allowing medical marijuana dispensaries.

New Jersey Poll: Only 41% Support Legalization. A new Fairleigh Dickinson University PublicMind Poll has support for legalizing small quantities of marijuana or personal use at 41%, although it is trending upward. "These numbers point to the possibility that fertile ground exists in the state for those looking to expand legalization beyond medicinal use," poll director Krista Jenkins said. "Policymakers will likely be watching for changes in public opinion as the percentage difference between those in favor and opposed gets closer to the 50/50 mark. Right now, however, a majority of the public remains opposed."

Medical Marijuana

Portland, Oregon, Medical Marijuana Business Symposium Draws Hundreds. Hundreds of people showed up in Portland Saturday at a marijuana business symposium to give and get advice on how to operate dispensaries and related businesses in the state. Beginning in March, the state of Oregon will start accepting applications for the businesses, making it a taxed and regulated industry.

Guam Senate Passes Bill to Put Medical Marijuana on the Ballot. The Guam Senate Saturday approved Bill 215, which would put the question of legalizing medical marijuana directly to the voters. The governor could still veto it, but unless he takes affirmative action to do so it will go into effect. Sponsor Sen. Tina Muna Barnes (D-Mangilao) amended the bill to allow for a popular referendum after running into opposition in the legislature.

New Mexico Medical Marijuana Grower Sues over Stalled Permit. A Santa Fe man has sued the state Department of Health over what he describes as a severe medical marijuana shortage. Mark Springer of Medical Marijuana, Inc. accuses the department of failing to act on his application and asks that it reopen the application period for growers and ease limits on how much they can grow.

Michigan Medical Marijuana Bills Stalled. Two bills that would make it easier for patients to acquire medical marijuana, including allowing dispensaries and the use of edibles, passed the House late last year, but now appear stalled by a hostile Senate committee chair. They are stuck in the Senate Government Operations Committee, chaired by Senate Majority Leader Randy Richardville (R-Monroe), who is not a big fan. "I'm going to sit on them for awhile," he said. The two bills are House Bill 5104 (edibles) and House Bill 4271 (dispensaries).

Methamphetamine

South Dakota Meth Precursor Registry Bill Passes Senate. A bill that would make South Dakota the 30th state to join the National Precursor Log Exchange (NPLEx) to track pseudoephedrine sales passed the Senate last week. Senate Bill 24 now heads to the House for consideration.

Drug Testing

South Dakota Public Benefits Drug Testing Bill Filed. A bill that would direct the state Department of Social Services to screen and drug test public benefits applicants for drug use has been filed in the South Dakota Senate. State Sen. Mark Kirkeby (R-Rapid City) tried and failed with similar bills in 2011 and 2012, but he's back this year with Senate Bill 123.

International

French Legislator Has Bill to Legalize Marijuana. A Green Party legislator said Saturday she had written a bill to legalize marijuana in France. Sen. Esther Benbassa, who represents a district on the outskirts of Paris, said France suffered from "a paradox," with some of the toughest marijuana laws in Europe, but also rising use levels.

Welsh Tories Attack Government for Funding Harm Reduction Drug Testing. Public Health Wales is operating a web site, Wedinos, where individuals can have drug samples tested for content and purity, and that has Welsh Tories crying foul. "This website suggests that Labour in Wales has given up the fight against drugs," complained Shadow Health Minister Jim Millar. "This free service is not just testing recreational highs, but illegal and dangerous drugs including heroin, cocaine and crack and gives advice on snorting and injecting substances." A government spokesman responded that it totally rejects those charges. "We are taking action to help individuals and society deal with the problems of substance misuse," he said. "Wedinos can provide essential intelligence and can help save lives. "It contributes to the wider UK and European Early Warning Systems in place to identify and monitor changing trends in drug use."

United Arab Emirates Toughens Drug Trafficking Laws. The United Arab Emirates (UAE) is vowing to seize assets from drug dealers and traffickers, but at the same time, it is working to enhance drug treatment services as part of "a containment policy for drug addicts, guiding them towards annihilating their addiction through innovative services."

Media and Politicians Call Out Obama Over Marijuana Rescheduling

In his now famous interview with Jake Tapper last week, President Obama, while expressing sympathy for some marijuana reforms, told Tapper that the White House can't move marijuana to Schedule I of the Controlled Substances Act to allow medical use, only Congress could:

OBAMA:[W]hat is and isn't a Schedule One narcotic is a job for Congress. It's not...
 

TAPPER: I think it's the DEA that decides...

OBAMA: It's - it's not - it's not something by ourselves that we start changing. No, there are laws under - undergirding those determinations...

As Tapper remarked, the president in fact can reschedule marijuana administratively, without an action of Congress. The DEA chief administrators for decades have declined to do so -- after DEA's own administrative law judges ruled that they should, the first one back in the '80s -- but Attorney General Holder could overrule them, and so could President Obama. On State of the Union with Candy Crowley last Sunday, CNN pushed back on the claim again, with Crowley pointing out the president's error after playing a clip from the interview.

Now members of Congress have joined in. Rep. Earl Blumenauer (D-OR) says that Obama could reschedule marijuana for medical use in a "a matter of days," according to US News & World Report:

"I don't dispute that Congress could and should make the change, but it's also something the administration could do in a matter of days and I hope they will consider it," says Blumenauer, who is currently circulating a letter among colleagues asking Obama to do so. Eight members of Congress have signed the letter so far.
 

Has Obama heard this? By now I'd imagine so.

Chronicle AM -- January 31, 2014

The president makes some delphic comments on marijuana policy, some of his congressional critics get ready to go after him for such comments next week, Dutch cities want legal marijuana growing, the Welsh government funds a harm reduction drug testing program, and more. Let's get to it:

Marijuana Policy

Don't know what's in your drugs? The Welsh government wants to help.
In CNN Interview, Obama Punts on Rescheduling, Hints Support for Decriminalization. In an interview with CNN released today, President Obama said rescheduling marijuana was a job for Congress [Editor's Note: The executive branch can also reschedule it, according to statute] and that he considered the criminalization of personal use his main concern, although he also worried about the impact of commercialization.

House Government Oversight Committee to Hold Hearing on Marijuana Policy Next Week. Rep. John Mica (R-FL), chairman of the committee, said he will hold a hearing next Tuesday to examine what he called the Obama administration's "schizophrenic" position on marijuana laws. "The purpose of the hearing is to try to sort out the increasingly schizophrenic federal policy we have, because the DEA administrator was overhead denouncing what the president said," Mica said Friday. "We have states that are enacting laws -- municipalities that are considering it -- that are in conflict with federal law." There could be more hearings to come after that, he added.

Baltimore Police Commissioner No Fan of Legalization. Baltimore Police Commissioner Anthony Batts in a radio interview on Thursday evening expressed doubt that marijuana should be legalized. "We already have a city with a high addiction -- what would that do to the city of Baltimore?" Batts said. He also linked marijuana to homicides in the city, although the killings he described were a function of black market drug sales. "When you're calling your weed dealer or drug dealer, and you show up with money and you get robbed and it turns into a shooting, that's what we're seeing."

Medical Marijuana

Massachusetts Names Recipients of Medical Marijuana Dispensary Licenses. The Department of Public Health Friday announced the names of the first 20 dispensary applicants who will be awarded licenses to to open dispensaries. An additional 15 will be forthcoming.

Drug Testing

Judge Reinstates Delaware Valley (PA) School District Drug Testing Program. A Pike County district judge has lifted a temporary injunction barring random, suspicionless drug testing for students who drive to school or participate in extracurricular activities. The parents of a 12-year-old female student who faced drug testing if she wanted to join the scrapbooking club and the ACLU had challenged the program in 2011 and won the injunction, but Judge Joseph Kameen ruled earlier this month that the policy was constitutional under state law. It is unclear if the ACLU of Pennsylvania is done with this case.

Harm Reduction

Opioid Overdose Prevention Bill Introduced in New York. State Sens. Kemp Hannon (R-Nassau) and Jeffrey Dinowitz (D-Bronx) this week filed a bill, Senate Bill 6744/Assembly Bill 8637, that would help prevent accidental opioid overdoses by expanding access to the opioid antidote naloxone. The legislation would dramatically increase the accessibility of the life-saving reversal tool by allowing authorized health care professionals to issue standing orders, or non-patient specific prescriptions, to certified training programs that would in turn train individuals on the signs of overdose and provide them with the naloxone kits. By expanding naloxone distribution, this legislation will help reduce the number of preventable deaths resulting from accidental drug overdoses.

International

Welsh Government Funds Program to Test Drugs for Public. Public Health Wales has set up the Wedinos Project (Welsh Emerging Drugs and Identification of Novel Substances Project) to identify what drugs are in circulation there and use that information for harm reduction purposes. Samples are sent to the Wedinos laboratory in Cardiff anonymously and the test results posted online, identified by a reference number. The service is open to the public. "It's essential intelligence for our health workers, for our substance misuse workers, for the police, for young people and their families. By providing timely and accurate information this service can save lives," explained Welsh Health Minister Mark Drakeford. This is the first government-funded program of its type in the United Kingdom.

Dutch Cities Call for Legal Marijuana Cultivation; Government Says No. Eight of the Netherlands' 10 largest cities, including Amsterdam and Rotterdam, signed a joint manifesto Friday calling for the creation of "a national system of certified and regulated cannabis cultivation." Another 25 municipal councils also signed on. While the Netherlands allows for the sale of marijuana through its famous cannabis coffee shops, growing marijuana remains illegal. "We want cannabis cultivation to be regulated so the national market is manageable and more transparent, and to decrease the influence of organized crime," said the manifesto. Justice Minister Ivo Opstelten rejected the proposals: "I really don't think this is the solution," the Liberal minister told Dutch public television. "Mayors just have to learn to live with it," he said.

Marijuana Growing Courses Underway in Uruguay. Uruguay's National Cannabis Federation has launched special training courses on cultivation of the popular plant, local media reported. Some 50 would-be growers are currently enrolled.

Drug War Issues

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