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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. 

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." 

Partial Initiative Results: Arkansas, Maine, Massachusetts, North Dakota

As of 10:50 p.m. Eastern Time:

Legalization Initiatives:

Maine Question 1 leads 53% to 47% with 17% of the vote in.

Massachusetts Question 4 leads 52% to 48% with 22% of the vote in. 

Medical marijuana initiatives:

Arkansas Measure 6 leads 51% to 49% with 14% of the vote in.

North Dakota Measure 5 leads 61% to 39% with 24% of the vote in.

Stay tuned for results from Arizona, California, Montana, and Nevada as the polls close and the counts begin.

Florida Votes in Medical Marijuana!

Florida voters easily passed a constitutional amendment to approve the use of medical marijuana Tuesday. A number of Southern states, including Florida, have in recent years passed limited, CBD-only medical marijuana laws, but passage of Amendment 2 means the South has its first full-blown medical marijuana law.

Coming soon to Florida. (Creative Commons/Wikimedia)
With returns 90% complete at 8 p.m. on election night, Amendment 2 was winning with 71% of the vote. Under Florida law, constitutional amendments not need a simple majority but 60% of the vote.

The second time was the charm for attorney John Morgan and United for Care, which led the charge for Amendment 2. Their first effort in 2014 came up just short, winning 57.6% of the vote, a solid majority, but enough votes to overcome the 60% hurdle. The 2014 effort also had to fight headwinds generated by a "no" campaign financed to the tune of $5 million, primarily thanks to prohibitionist zealot and Las Vegas casino magnate Sheldon Adelson.

Amendment 2 overcame that electoral hurdle and another multi-million dollar "no" campaign, again with significant contributions from Adelson, as well as Florida arch-prohibitionist Mel Sembler. It also benefited from strong presidential election year turnout and two more years of attitudinal shifts toward tolerance of marijuana in general and medical marijuana in particular.

Under the measure, patients with "debilitating medical conditions as determined by a licensed Florida physician" will be able to buy weed legally through state-regulated dispensaries. But they won't be able to grow their own. 

Using Medical Marijuana to Reduce Dependence on Opiates in an Aging, Aching Population [FEATURE]

Pain is a drag. And chronic pain is a never-ending drag. Unfortunately, as we grow older, we can expect to increasingly suffer its torments. Half of older adults who live on their own report suffering from chronic pain. For people in elderly care facilities, that figure jumps to somewhere around 80%.

Older patients reported relief and good quality of life with marijuana. (Darren Harris Frisby/DPA)
An aging population with its associated aches and pains is one reason opioid pain prescriptions have increased so dramatically this century. Opiates are a very popular pain management technique, despite the well-known problems with them, primarily addiction and lethality. They can ease your pain, but they can also kill you or get you strung out. And opiate users report other problems less severe, but still affecting quality of life, such as constipation and foggy-headedness.

In recent years, we have seen increasing evidence that one substance can reduce both pain and the reliance on opioids to treat it, and that its use can have a positive impact on fatal opioid overdoses. That substance is marijuana.

As the Johns Hopkins Bloomberg School of Public Health reported in 2014, "In states where it is legal to use medical marijuana to manage chronic pain and other conditions, the annual number of deaths from prescription drug overdose is 25% lower than in states where medical marijuana remains illegal."   

Now, new research findings from Care By Design, one of California's leading medical marijuana producers, add more evidence of the positive role marijuana can play in treating chronic pain and reducing dependence on opioid pain medications. The study surveyed 800 patients, mostly between 50 and 70, more than 80% of whom reported suffering from chronic pain, half of whom reported suffering from acute pain, and more than 40% of whom reported suffering from both.

These patients were in a world of hurt and had tried a number of pain management tools—opiates, medical marijuana, anti-inflammatory agents (NSAIDS), nerve blockers, exercise/physical therapy, and surgery—with respondents reporting trying an average of four of them. A quarter of patients reported having tried all six.  

The patients reported that marijuana was very effective for pain, with few negative side effects.  That was in striking distinction to opiates, which patients also said were effective for pain, but had a significant negative impact on quality of life for a significant number of them. In fact, the differences between the two substances in terms of quality of life were so dramatic they led to dramatic changes in patient behavior.

Medical marijuana (Creative Commons/Wikimedia)
"This survey brings some very important information to light," said Care By Design spokesman Nick Caston. "We see here in our patient data that cannabis is improving the quality of life of our patients—particularly elderly patients suffering from age-related pain—and that it does so without the dangerous side effects of other pain management modalities. 

"The study’s most striking finding was cannabis’ apparent impact on opiate reliance: Ninety-one percent of survey respondents reported that they decreased the amount of opiates they were taking or eliminated them altogether," Caston continued.

The study also found while marijuana, opiates, exercise/physical therapy, and NSAIDS all provided noticeable pain relief in more than half the patients, marijuana was the only pain management tool where there were no reports of worsening pain. And half of the patients using opiates reported that they had a negative impact on overall well-being, interfering with mood, energy, sleep, and functional abilities.

More than half of the patients reported using both marijuana and opiates to manage pain. But as noted above, nine out of 10 reduced or eliminated their opiate consumption after beginning to use marijuana. And nearly two-thirds (63%) said they were now off opiates altogether.

Over half of respondents reported that they had used both cannabis and opiates for pain management. Of great interest was the impact of cannabis therapy on opiate usage: Ninety-one percent of this subgroup reported that they used fewer or no opiates after beginning cannabis therapy. Sixty-three percent said that they went off opiates altogether.

"A tenet of healthcare in the United States is 'First, do no harm,'" the study concluded. "Patient reports of cannabis’ efficacy together with its low side effect profile suggest that it should be considered as a first-line treatment for pain and/or as an adjunct treatment to opiates rather than as a medication of last resort."

In other words, if we want to reduce the reliance on opioids, with all their negatives, for the management of pain in an aging population, we should be easing access to medical marijuana. With medical marijuana legal in 25 states, we're halfway there. 

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

Marijuana Policy 

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

 

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

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

Medical Marijuana

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

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

Asset Forfeiture

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

Law Enforcement

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

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

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

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

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

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

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

Medical Marijuana

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

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

International

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

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