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Senate Commitee Clears Way for Medical Marijuana for Veterans [FEATURE]

The Senate Appropriations Committee today approved an amendment that would allow doctors with Veterans Affairs to recommend medical marijuana to veterans suffering from PTSD, serious injuries, and other debilitating conditions. The amendment was approved on a vote of 18-12.

The vote marked the first time any Senate body has approved a marijuana reform measure.

The vote came on an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The amendment was offered by Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR) and would undo a 2009 directive barring VA doctors from recommendin g medical marijuana even in states where it is legal.

Currently, the Department of Veterans Affairs (VA) specifically prohibits its medical providers from completing forms brought by their patients seeking recommendations or opinions regarding participation in a state medical marijuana program. The Daines/Merkley amendment authorizes VA physicians and other health care providers to provide recommendations and opinions regarding the use of medical marijuana to veterans who live in medical marijuana states.

The House narrowly defeated a similar amendment to its version of the appropriations bill. Now, the two versions of the bill must be reconciled.

Even if the move is killed in conference committee, a legislative version of the amendment is still alive in Congress. That is the Compassionate Access, Research Expansion and Respect States (CARERS) Act, sponsored by Sens. Corey Booker (D-NJ) and Rand Paul (R-KY).

The vote was lauded by drug reform advocates.

"Veterans in medical marijuana states should be treated the same as any other resident, and should be able to discuss marijuana with their doctor and use it if it’s medically necessary," said Michael Collins, policy manager for the Drug Policy Alliance. "They have served this country valiantly, so the least we can do is allow them to have full and open discussions with their doctors."

"A bipartisan coalition of lawmakers came together and passed broadly supported marijuana policy reform. This is exactly how most Americans want Congress to handle this issue. Hopefully we are reaching a point at which it is becoming the norm, rather than the exception. The pace at which support appears to be growing in the Senate is particularly encouraging," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

VA hospital, Durham, North Carolina.
"Doctors should never be prohibited from helping their patients obtain the best possible medical treatment. Many veterans are finding that medical marijuana is the most effective treatment for PTSD and other service-related medical conditions. Finally, Congress is working to remove barriers to accessing it rather than building them," Riffle continued.

"While we won five votes in a row on the House floor last year, this is the first time we've ever won a vote on a positive marijuana reform measure in the Senate," said Tom Angell, director of Marijuana Majority. "And with polls showing that a growing majority of voters supports ending prohibition, it's safe to say it won't be the last. Elected officials are finally starting to wake up to the fact that endorsing marijuana reform is good politics instead of the dangerous third-rail they've long viewed it as, and that means a lot more victories are on the way soon," he predicted. 

The Surprising State That Could Be the Next to Legalize Weed [FEATURE]

[This article was written in collaboration with AlterNet and first appeared here.]

It's looking more and more likely that voters in a key battleground state will be voting on marijuana legalization in November, and recent polling suggests it could win. That's this November, not November 2016.

The state is Ohio, where a controversial legalization initiative is already well on the way to qualifying for the ballot, and its backers -- or should we say investors? -- have the cash on hand to make sure it does.

There are marijuana legalization bills pending in any number of states, and early on, there were hopes this would be the year a state legislature would get around to legalizing it. New England states such as Maine, Massachusetts, and Vermont looked like the best bets, but it now doesn't seem like it's going to happen.

2016 promises to see a wave of legalization initiatives -- think Arizona, California, Nevada, Maine, and Massachusetts, for starters, with Arkansas, Michigan, Missouri, and Ohio also likely to see serious efforts emerge.

But that's next year. The group ResponsibleOhio is well on the way to putting the issue before Buckeye State voters this year. They've already had their proposed constitutional amendment approved for signature gathering and, thanks to paid signature-gatherers, are cruising toward qualifying for the ballot.

To qualify in Ohio, initiatives need 305,000 valid voter signatures; ResponsibleOhio collected 180,000 raw signatures in its first three weeks and still has more than two months to gather the rest. And the campaign is still expanding.

Veteran initiative watchers will tell you campaigns want a cushion of excess signatures to account for ones that are thrown out, maybe 25% to 30% above the requirement at a bare minimum. In Ohio this year, that would be 400-450,000 raw signatures. The campaign says they are aiming for 700,000.

Given the progress so far, and the organization and money behind it (see below), ResponsibleOhio's legalization initiative looks like it will qualify for the ballot.

A New Legalization Model

This is not legalization like we've seen anywhere else. Yes, it allows adults 21 and over to grow and possess limited amounts of marijuana and yes, it calls for a system of regulated and taxed marijuana production and sales. And it even has provisions for medical marijuana.

But under ResponsibleOhio's initiative, commercial marijuana production can only take place at 10 sites in the state, and those sites have already been allocated to 10 sets of investors, who have already kicked in $1.7 million for the campaign so far and who are prepared to spend up to $20 million convincing the public to vote for it.

The Big O in his NBA heyday. (wikimedia.org)
The investors include a number of Ohio business interest-real estate developers, venture capital firms, philanthropists, with nary a Cheech or a Chong among them -- but also some home state big names that could sway public opinion. These include NBA legend Oscar "Big O" Robertson, Cincinnati-based fashion designer Nanette Lepore, and former Cincinnati Bengals and Cleveland Browns defensive end Frostee Rucker (now with the Arizona Cardinals).

In return for their hoped-for voter-granted monopoly, the investor groups would pay a $100,000 fee and a 15% tax on their gross revenues, as well as other commercial fees. Critics have charged that the plan freezes out all but the initial investor groups, but ResponsibleOhio counters that there will be plenty of commercial opportunities in making and selling marijuana products.

The ResponsibleOhio plan has raised a lot of hackles among movement veterans such as NORML founder Keith Stroup, who voices widely-held worries about the impact of big money in the movement and Ohio activists, some of whom have their own initiative plans, but they may not matter as much as suburban Columbus soccer moms when it comes to election day.

And while this written-in monopoly may seem strange to many, it's not going to seem that strange to Ohio voters. In 2009, they legalized gambling by approving a constitutional amendment that specified sites for four casinos owned by the companies backing the amendment.

Can It Win?

Initiatives need to have money, momentum, and votes to win.

ResponsibleOhio looks to have deep enough pockets to put on a full-scale, multi-million dollar advertising campaign. Estimates are that to win in California next year, legalizers will have to spend $10 million or so in advertising, but ResponsibleOhio is talking about spending up to $20 million in a much smaller media market, and it doesn't have to go begging to donors.

The momentum is there. The entire country is riding a wave of increasing support for marijuana legalization, and Ohio is no exception. A Quinnipiac University poll last month had support at 53% (it also had narrow majorities for legalization in swing states Florida and Pennsylvania), up two points from the same poll a year earlier.

The conventional wisdom is that initiatives should be polling 60% or more at the beginning of the campaign because they are bound to lose some support in the face of organized opposition. But when it comes to marijuana, these hardly seem like conventional times. National polls show an upward trend, and Ohio polls show an upward trend. Whether it can win at the polls in an off-off-year election remains to be seen (the casino initiative did), but it certainly looks like it's going to be on the ballot, and it's got a very good shot on Election Day.

Ohio isn't the West Coast or New England. It's a mid-sized Midwest swing state critical in presidential politics. If Ohio legalizes it this year, the politics of pot is going to get very, very interesting next year.

OH
United States

Head of Scandal-Plagued DEA to Resign [FEATURE]

DEA Administrator Michele Leonhart is expected to resign soon, an unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate.

[It's now official: Attorney General Holder announced Leonhart's retirement in a statement late this afternoon.]

DEA Administrator Michele Leonhart is on her way out the door. (justice.gov/dea)
Members of the House Oversight and Government Reform Committee pronounced themselves agog over recent reports of DEA agents in Colombia partying with prostitutes, sometimes with taxpayer dollars, sometimes paid for by Colombian drug traffickers. Those revelations came in a Justice Department Office of the Inspector General report issued last month.

Members were infuriated by the DEA's handling of the case, in which 10 DEA agents were accused of wrongdoing. Only seven of them were disciplined, and the punishment was extremely light: they were suspended for periods of one to 10 days. Leonhart drew the wrath of committee members when she claimed she was unable to discipline the agents more severely.

"What would it take to get fired at the DEA?" asked Rep. Trey Gowdy (R-SC), who said he was "stunned" that no one had been fired in the wake of the revelations. "What the hell do you have to do?"

Committee Chairman Rep. Jason Chaffetz (R-UT) told Leonhart that as agency head she carried much of the responsibility for what he called "a cultural problem" at the agency stretching back years.

"You get called before this committee and say 'Oh, it's terrible, it's awful,'" Chaffetz said at the conclusion of the hearing. "But you personally have been responsible for this for more than a decade and you didn't do anything about it."

Immediately after last Tuesday's hearing, 22 members of the committee signed a joint statement saying they had "no confidence" in Leonhart's continued leadership.

And now word leaks from the White House that Leonhart is about to become history.

It's been a long time coming. The veteran DEA administrator and her agency have been embroiled in scandal throughout her tenure. And she and the DEA have been increasingly out of step with an administration that has shown an interest in rolling back drug war excesses, from major sentencing reforms to largely (if belatedly) adopting a laissez-faire attitude toward medical marijuana and even marijuana legalization in the states.

  • The Department of Justice's Office of the Inspector General currently has six open into numerous DEA scandals, including the massacre of civilians in Honduras, the use of NSA data to both spy on virtually all Americans and to systematically fabricate evidence, and controversial uses of confidential informants.
  • A series of recent investigations by USA Today found that the DEA has been tracking billions of U.S. phone calls without warrants or even suspicion of wrong-doing, an operation copied by the NSA and other agencies after 9/11. The DEA built the modern surveillance state.
  • DEA Administrator Michele Leonhart herself has been at the center of several scandals, including the House of Death scandal in which the DEA may have turned a blind eye to torture and murder, and the Andrew Chambers scandal, in which the DEA rehired a confidential informant with a history of lying.
  • DEA conflicts with Obama administration policy. Last year, Leonhart publicly rebuked President Obama for admitting that marijuana is as safe as alcohol, told members of Congress that the DEA will continue to go after marijuana even in states where it is legal despite DOJ guidance stating otherwise, and spoke out against bipartisan drug sentencing reform in Congress that the Obama administration is supporting.
  • Last May, The DEA created a political firestorm this week when it seized seeds bound for a Kentucky hemp research program that was approved by Congress. Then Minority Leader Mitch McConnell (R-KY) called the incident "an outrage" and the Kentucky Agriculture Department sued the DEA.
  • The DEA's refusal to acknowledge science. DEA Administrator Michele Leonhart has on several occasions ignored science and overruled the DEA's own administrative law judges on medical issues relating to marijuana. In a bizarre 2012 debate with members of Congress Leonhart refused repeatedly to acknowledge that marijuana is safer than cocaine and heroin.

Drug reform groups, such as the Drug Policy Alliance (DPA) and the Marijuana Policy Project (MPP), both of which had been calling for Leonhart's head for some time, were elated, but urged the Obama administration to use this as an opportunity not to just put a new face in charge of DEA, but to change the agency's direction.

"Leonhart's DEA reflects an outdated, disastrous approach that President Obama claims he wants to leave behind,” said Bill Piper, DPA director of national affairs. "If she leaves, he has an opportunity to appoint someone who will overhaul the DEA and support drug policy reform. The DEA is a large, expensive, scandal-prone bureaucracy that has failed to reduce drug-related problems. Drug use should be treated as a health issue instead of a criminal justice issue; with states legalizing marijuana and adopting other drug policy reforms it is time to ask if the agency is even needed anymore," he said.

"Ms. Leonhart consistently and recklessly undermined President Obama's mandate that public policy be guided by science instead of ideology. Her resignation will allow the president to appoint an administrator who will rely on the facts rather than ignore them," said Dan Riffle, MPP director of federal policies.

"Most Americans, including President Obama, recognize the fact that marijuana is less harmful than alcohol. Yet, Ms. Leonhart was unwilling to even acknowledge that marijuana poses less potential harm than heroin and methamphetamine," Riffle continued. "While most of the country has been progressing in its views on marijuana policy, Ms. Leonhart has maintained a mindset straight out of the 1930s. Hopefully her resignation will mark the end of the ‘Reefer Madness’ era at the DEA."

Key Congressional Committee Has "No Confidence" in DEA Head Leonhart [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

Fed up with DEA Administrator Michele Leonhart over a long litany of scandals in the drug-fighting agency she heads, 22 members of the House Oversight and Government Reforms Committee issued a statement yesterday saying they had "no confidence" in her leadership.

Update: Leonhart is retiring.

DEA Michele Leonhart is losing favor on Capitol Hill. (justice.gov)
"After over a decade of serving in top leadership positions at DEA, Administrator Leonhart has been woefully unable to change or positively influence the pervasive 'good old boy' culture that exists throughout the agency," the statement said. "From her testimony, it is clear that she lacks the authority and will to make the tough decisions required to hold those accountable who compromise national security and bring disgrace to their position. Ms. Leonhart has lost the confidence of this Committee to initiate the necessary reforms to restore the reputation of a vital agency."

The statement came in the immediate wake of a committee hearing yesterday over a Justice Department Office of the Inspector General report on sexual misconduct by department employees that found DEA agents in Colombia had been partying with prostitutes, with the tab being picked up by US taxpayers -- or sometimes by drug cartels.

At the hearing, Leonhart was excoriated by members over her failure to adequately discipline the agents involved -- the most serious punishments were short-term suspensions -- and her insistence that agency personnel rules tied her hands.

But committee members were having none of it.

"Do you think you're the right person for this job?" asked Rep. Elijah Cummings (D-MD), the top Democrat on the committee.

"You're protecting people who solicited prostitutes, who had 15 to 20 sex parties," said Rep. Stephen Lynch (D-MA). "This is a very serious issue and you've done nothing... I actually feel your system is protecting these people."

If the representatives' frustration was palpable, it was because they have been down this path of scandal too many times before with Leonhart at the helm. Here's just a selection of the controversies surrounding the agency since she took over in 2008, or which involve her own long history with the agency:

  • The Department of Justice's Office of the Inspector General currently has six open investigations into numerous DEA scandals, including the massacre of civilians in Honduras, the use of NSA data to both spy on virtually all Americans and to systematically fabricate evidence, and controversial uses of confidential informants.
  • Leonhart herself has been at the center of several scandals, including the House of Death scandal in which the DEA may have turned a blind eye to torture and murder, and the Andrew Chambers scandal, in which the DEA rehired a confidential informant with a history of lying.
  • DEA conflicts with Obama administration policy. Last year, Leonhart publicly rebuked President Obama for admitting that marijuana is as safe as alcohol, told members of Congress that the DEA will continue to go after marijuana even in states where it is legal despite DOJ guidance stating otherwise, and spoke out against bipartisan drug sentencing reform in Congress that the Obama administration is supporting.
  • Last May, the DEA created a political firestorm when it seized seeds bound for a Kentucky hemp research program that was approved by Congress. Then Minority Leader Mitch McConnell (R-KY) called the incident "an outrage" and the Kentucky Agriculture Department sued the DEA.
  • The DEA's refusal to acknowledge science. DEA Administrator Michele Leonhart has on several occasions ignored science and overruled the DEA's own administrative law judges on medical issues relating to marijuana.

Cartagena, Colombia, a playground for sex-starved DEA agents. (wikimedia.org)
]Drug reformers, who have long criticized Leonhart's last-century attitudes and approach to drug policy, were calling for her head.

"This ought to be the final nail in the Leonhart coffin," said Bill Piper, director of national affairs at the Drug Policy Alliance. "I cannot see how President Obama and AG Holder allow her to continue in her role. It's hard to think of a more incompetent and out of touch federal official than the current DEA chief. Her time is up. Leonhart has clashed with Republicans, Democrats, the White House, and civil society leaders. She reflects an outdated approach to the drug war that President Obama claims he wants to leave behind."

"There's simply no excuse for the outrageous behavior of the DEA's so-called leadership," said Major Neill Franklin (Ret'd.), executive director for Law Enforcement Against Prohibition (LEAP), a criminal justice group working to end the drug war. "Leonhart just helps us add to the list of reasons of why we need to rethink our entire approach to drug policy."

Will the scorching rebuke from Congress be enough to force Leonhart out the door or to convince her superiors to give her a nudge? Time will tell, but it appears her days are numbered.

To the Bitter End: The 9 States Where Marijuana Will Be Legalized Last [FEATURE]

This article was written in collaboration with AlterNet and originally appeared here.

Marijuana prohibition in the US is dying, but it isn't going to vanish in one fell swoop. Even if Congress were to repeal federal pot prohibition, state laws criminalizing the plant and its users would still be in effect -- at least in some states.

Meet the most bud-unfriendly states. (wikimedia.org)
And it's probably a pretty safe bet that Congress isn't going to act until a good number of states, maybe more than half, have already legalized it. That process is already underway and is likely to gather real momentum by the time election day 2016 is over.

Colorado and Washington led the way in 2012, followed by Alaska, Oregon, and Washington, DC, last year. California, where one out of every eight Americans lives, is very likely to go green in 2016 via the initiative process, and so are a handful of other states, including Maine, Massachusetts, and Nevada. Longer shots next year (or even this year, in Ohio's case) are Arizona, Michigan, Missouri, Ohio, and Rhode Islane.

But just as the end of federal alcohol prohibition in 1933 didn't mean the end of state-level prohibition -- Mississippi didn't end it until 1966, you couldn't drink in a bar in Kansas until 1987, and dry counties remain in a number of states -- ending federal marijuana prohibition isn't going to magically make it legal everywhere.

There are two critical factors to consider in assessing how likely a state is to get around to freeing the weed: public opinion and access to non-legislative (read: initiative and referendum) political remedies.

Opinion polls consistently show stronger support for legalization in the West and the Northeast than in the Midwest and the South. But barring access to the initiative process -- which only half the states have -- means that even in states where public opinion strongly favors legalization, residents are going to be beholden to the legislature to get it done. Note that so far, every state that has legalized it has done it through the initiative process. That could change this year, but it seems unlikely at this point.

But even having the initiative process isn't going to help if popular support is lacking. That's why some states make the list even though they have the initiative process. And even having public opinion on your side isn't going to guarantee victory in the legislature, especially if the Republicans are in control.

Here are the nine states least likely to legalize it anytime soon and, after that, a few brief notes on a handful of states:

  1. Alabama. This Heart of Dixie state still has several dry counties and about a third of the counties in the state are either partially dry or have localities that are dry. Although Democrats hold some local offices, Republicans dominate state elected offices and the state legislature. The state has no initiative process, and the legislature has so far failed to pass even medical marijuana legislation.
  2. Idaho. This heavily Mormon-influenced state has the initiative process, but so far even campaigners for medical marijuana haven't been able to qualify a measure for the ballot, so it's hard to see how they could get a legalization initiative on the ballot, let alone pass it. An Idaho Politics Weekly poll from February shows what an uphill battle it is. Only 33% of respondents favored legalization, with 64% opposed (and 53% "strongly" opposed). And the conservative Republican legislature is more concerned with fending off sharia law than legalizing pot, although it did manage to pass one of those no-THC, high-CBD cannabis oil bills this eyar.
  3. Kansas. Another state dominated by Republicans, with no initiative process, and little popular support for legalization, anyway. An October 2014 poll showed only 31% in favor of legalization and, distressingly, an ever larger percentage (33%) saying marijuana possession should be a felony. While voters in Wichita this week approved a municipal initiative decriminalizing pot, the state attorney general has already asked the state Supreme Court to overturn it. Kansas is another one of those states where the legacy of alcohol prohibition lingers, too: Almost all of its counties are either dry or semi-dry. Be glad you're not in Kansas anymore, Dorothy.
  4. Louisiana. The state has some of the country's harshest marijuana laws, including up to 20 years in prison for repeat possession offenders and up to life in prison for pot possession if the person has a previous felony. Efforts have been afoot in the state legislature for several years to fix those draconian laws, but have so far gone nowhere. An October 2014 poll showed roughly two-thirds supported fixing those laws, but that hasn't yet influenced Baton Rouge. Tellingly, the poll didn't even ask whether respondents supported legalization. And there is no initiative process, anyway. In Louisiana, not sending people to life for marijuana would be progress.
  5. North Dakota. At the top of that geographical tier of Great Plains states destined to be a bastion of reaction on marijuana legalization, the agricultural state has approved industrial hemp production (in part because North Dakota farmers can see their Canadian counterparts just across the border profiting from it), but is unwilling to move even on medical marijuana, let alone legalization. The legislature this year killed a bill to even study legalizing medical, and an effort last year to put a medical marijuana initiative on the ballot couldn't manage to qualify. An October 2014 poll found that even medical marijuana couldn't get majority support (47%), and the prospects for legalization were even grimmer. Only 24% supported legalization, with 68% opposed.
  6. Oklahoma. Good luck. The state government is dominated by Republicans and is one of the most conservative in the country. The state has the initiative process and state Sen. Connie Johnson (D-Oklahoma City) is likely to try again to get it on the ballot next year, but even if it were to make the ballot, it would likely get creamed. A poll this month found only 31% for legalization. This is also one of those states where alcohol prohibition still lives on; about a third of the state's counties are completely dry.
  7. South Carolina. There is no initiative process here, so it will be up to the legislature, which is controlled by Republicans. The legislature passed a no-THC, high-CBD cannabis oil last year, and Republican lawmakers have introduced medical marijuana and decriminalization bills this year, but they have yet to pass. The Palmetto Politics Poll last July barely had majority support for medical marijuana (53%), and didn't even bother to ask about legalization.
  8. South Dakota. The state has the initiative process, but it also has the dubious distinction of being the only state to twice defeat medical marijuana at the polls. The Republican-controlled legislature has repeatedly refused to act on medical marijuana bills and didn't even consider any marijuana reform bills this year. There is no recent polling on support for legalization, and given the performance of medical marijuana initiatives, even if a legalization initiative were to qualify for the ballot, it would get crushed.
  9. Utah. The Mormon heartland, another state where Republicans dominate the legislature and the executive branch, and another state where the only legislative concession to pot law reform has been the passage of a no-THC, high-CBD cannabis oil bill. A March poll found 72% of Utahns supported medical marijuana, but that didn't stop the legislature from quickly killing a medical marijuana bill this year. That poll didn't ask about legalization; the last one that did, from 2013, was not encouraging: It had 57% opposed to legalization. Utah has the initiative process, but that won't be much good until Utahns get on board with legalization.

Why Some States Didn't Make the Bottom 9

There are several states that some might have expected to see on this list, but who I think may surprise us and come around more quickly.

In the South and Mid-South, Mississippi and Arkansas would seem like good candidates to be among the last to legalize, but both states have the initiative process and some associated activism around it. They still have to get public opinion on their side, but they can circumvent sclerotic legislatures once they do. And there is hope that demographic trends will turn Georgia, of all the Deep South states, into a place where marijuana can be legalized at the state house before the bitter end.

On the Great Plains, Nebraska is the only state from Texas to Canada that didn't make the bottom nine. It's certainly as solidly conservative as the others and it just hates legalization next door in Colorado, but this is a state that decriminalized weed nearly 40 years ago. Perhaps one of these days, Cornhuskers will wake up and remember that.

In the Intermountain West, Montana and Wyoming share many of the same political and cultural characteristics as Idaho and Utah, but the influence of the Mormon Church isn't nearly as strong. Montana has the initiative process and has used it to approve medical marijuana, only to see that rolled back by Republicans and Christian conservatives. Wyoming also has the initiative process. In both states it will be a struggle between deeply rooted Western individualistic libertarian notions and equally deeply rooted Christian conservativism.

Alright, then. We'll have to check back in 2026 or so and see how prescient this was.

Here Comes Italy: The Next Country to Legalize Marijuana? [FEATURE]

An effort to legalize marijuana is getting underway in the Italian parliament, with some 60 lawmakers having signed onto a motion to do just that by the time it was rolled out three weeks ago. Now, the "all party" group is getting to work on the twin tasks of drafting an actual bill and getting it enacted into law.

The effort is being led by Sen. Benedetto Della Vedova, who is also Italy's undersecretary of state for foreign affairs. Della Vedova was a long-time member of the country's Nonviolent Radical Party, but was elected to parliament as a member of the centrist Scelta Civica.

The Radicals are a small but influential party that has called for drug legalization since the 1970s, including for marijuana, and Della Vedova's pot politics go back to the last century as well. He and other Radicals were arrested for publicly distributing hashish at an anti-prohibitionist rally in 1995.

They didn't get much political traction then, but times have changed. Della Vedova is a senator, not an agitator; there is support from within the governing coalition and even from within law enforcement; and the Italian public seems to be ready to relax the marijuana laws.

A little more than a year ago, the country's top court threw out a 2006 law that put marijuana in the same legal category as heroin and cocaine and swelled the country's prison population. That Berlusconi-era approach has been replaced by a sort of decriminalization, where users face misdemeanor charges, but only fines or administrative penalties, such as suspension of a driver's license. But people caught growing plants still face possible jail time.

That softening of the marijuana laws went largely unopposed and unremarked upon. A more remarkable indication of changing attitudes was the February release of the National Anti-Mafia Directorate's annual report. That report from Italy's top crime-fighting organization said frankly that marijuana prohibition had failed and that it was time to consider legalization.

Senator Benedetto Della Vedova (sceltacivica.it)
In view of "the failure of prohibition," the group will draft "a pragmatic, non-ideological bill" regulating marijuana, thus diverting profits from organized crime," Senator Della Vedova told reporters as he announced the measure. "Repressive action has totally failed."

The time has come, he said.

"This is a bipartisan proposition from members of the parliament of different political backgrounds," Della Vedova said. "This shows that even in Italy, a pragmatic approach, based on a rigorous cost-benefit analysis, is now increasingly popular in the political and cultural debate, not only outside but also inside the parliament."

The idea is picking up steam, Carmelo Palma, technical coordinator for the parliamentary working group, told Drug War Chronicle this week.

"The group has now reached more than a hundred members, and it's very rare that a group of concerned legislators get together during a session to attempt to co-draft a bill," he said. "This is more than just a nice beginning."

Most of the signatories are from the ruling center-left Democratic Party, although some members of right parties have signed on as well. Prime Minister Matteo Renzi hasn't commented on the push, but has previously gone on record supporting the decriminalization of "soft drugs."

The parliamentary group met for the first time last Thursday to select a coordinator who will gather the various legalization proposals put forward, and there is a meeting to review the scientific evidence around marijuana that will take place in May or June. After that, said Palma, will come a public meeting before parliament recesses for the summer.

Radical Party UN representative Marco Perduca (flickr.com)
The process will take some time, but that's to be expected, said Radical Party United Nations representative Marco Perduca, who served in Italy's Senate from 2008 to 2013.

"Some sort of consensus legalization model needs to emerge," he told the Chronicle. "Being an 'all-party' group, there are different approaches, from the super-libertarian to the statist. I think what is clear is that all aspects will have to be regulated, from production to consumption through commercialization."

Perhaps a limited duration trial program would be the way to go, he suggested.

"In any case, personal cultivation should always be allowed at home, and commercial production should also be allowed with clear rules," Perduca offered. "As far as selling is concerned, both cannabis social clubs and coffee shops could be models to adopt."

Perduca was willing see limitations -- at least temporarily -- on quantities that could be purchased, but rejected restricting sales to citizens, as the Dutch have tried to do in a bid to head off "drug tourism."

Marijuana legalization is desirable for both moral and practical reasons, the Radical said.

"Isn't a freer world a good enough answer?" he asked. "Money spent to bust pot smokers has always been money wasted, and legalizing marijuana would allow us to not only invest in other public policies, but also promote a model of where the state doesn't tell you what to do, but allows you to make your own choices in an informed way."

It isn't going to happen this month, or probably even this year, but marijuana legalization seems to be on its way in Italy. If that's the case, Italy could lead the way for the rest of Europe. Pot is decriminalized in several countries, and Holland famously turns a blind eye to its famous cannabis coffee shops, but no European country has yet followed the lead of Uruguay and that small but growing number of US states that have freed the weed.

Italy

California Bill Seeks to Name Three Obscure Substances "Date Rape Drugs," Enhance Penalties [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

Possession of so-called date rape drugs could become a felony under a California bill that marks the first effort to roll back parts of last year's voter-approved Proposition 47. That initiative is an effort to begin to reverse the state's prison-swelling war on drugs by making simple drug possession a misdemeanor.

the "date rape" drug ketamine (wikimedia.org)
The avowed goal of the new legislation -- seeking to prevent date rape -- is indeed laudable, but the politicians behind the move are either misinformed about who uses such drugs and why or they are deliberately misrepresenting the facts.

"Date rape drugs are tools in the hand of predators and they're not a recreational drug," said Rep. Tom Lackey(R-Antelope Valley), a former Highway Patrol sergeant and chief sponsor of Assembly Bill 46. A companion measure has been filed in the Senate.

The bills would break with Prop 47 by treating three specified drugs -- ketamine, Rohypnol, and GHB -- more severely than other drugs. Instead of charging people caught with personal amounts of these substances as misdemeanors, as is the case with cocaine, heroin, meth, and all other drugs, prosecutors would now have the option of charging them with a felony.

"We should not wait for women to be victimized before serious charges are available to prosecutors,” said Sen. Cathleen Galgiani (D-Stockton), sponsor of the Senate version. "A person found in possession of these drugs is likely intending to use them to commit a sexual assault -- not for personal use. Law enforcement must be able to charge a person accordingly."

But not only are the legislators misrepresenting the vast majority of the users of these drugs, they are also missing the forest for the trees. If they really wanted to criminalize a drug to prevent date rape, that drug would be alcohol. According to a 2005 Justice Department study, the specified "date rape" drugs were present in only 4.2% of sexual assaults, while other drugs, including alcohol, were present in 61%. (That same study also listed 45 other substances that could be used to impair someone.)

Similarly, a study from the National Institute on Alcohol Abuse and Alcoholism implicated alcohol in 50% of all -- sexual assaults.

Experts on the topic tell similar stories.

"Quite honestly, alcohol is the No. 1 date rape drug," said Mike Lyttle, regional supervisor for the Tennessee Bureau of Investigation's Nashville crime lab. "Roofies are very rarely -- if ever -- seen in real life," he told USA Today.

"We really don't know for sure what the actual numbers are," said Dr. Susan R.B. Weiss, associate director for scientific affairs for the National Institute on Drug Abuse at the National Institutes of Health. "But drugs that are sedating drugs or incapacitating drugs probably are not that common in sexual assault. We really don't know the true prevalence, but we know for sure alcohol is much more common than other drugs."

the most common date rape drug (wikimedia.org)
Still, substances targeted in these bills -- Rohypnol, ketamine, and GHB -- are only used as "date rape drugs" and that justifies their users getting harsher treatment, the legislators said.

But a quick glimpse at the -- Vaults of Erowid -- puts the lie to that claim. Erowid is a web site dedicated to "documenting the complex relationships between humans and psychoactives," and one of its most fascinating sections is its user reports. They consist of write-ups of thousands of experiences with a panoply of mind-melting substances submitted by the users themselves.

Erowid describes ketamine as "a disassociative psychedelic" that can, at higher doses, cause users to "find themselves completely removed from their surroundings and their bodies." People going down the K-hole, as it were, might experience "alternate planes of existence, a sense of movement through a space or landscape, a oneness with everything, past and future revelations, and strange fabrics or textures of all sorts," Erowid reports.

The Erowid Experience Vaults for ketamine has hundreds of user reports -- the good, the bad, and the truly weird -- some from people using Special K in lower doses, sniffing it like coke as a social party drug; many from avid and dedicated psychonauts, those explorers of the chemically-enhanced inner mind who blast themselves into some very strange inner places; even some from people attempting to use it therapeutically, self-medicating with it to address issues like depression, addiction, and anxiety.

Erowid describes GHB as "a sedative used both as a prescription sleep-aid and as a recreational intoxicant. It is known for its ability to induce a short (several hour) coma-like sleep at high doses."

Rohynpol, AKA "roofies" (wikimedia.org)
It's obvious from the description that GHB is used to party with, and the Erowid GHB vault, with more than 200 entries, backs that up. The drug is also described as a sedative, and like any sedative, it could be used to dose someone without her knowledge. On its GHB page, Erowid thoughtfully provided an admonitory primer on substance related sexual assault -- nearly 15 years ago.

Rohypnol ("roofies"), a trade name for flunitrazapam, is a strong sedative and hypnotic prescribed for chronic or intense insomnia, but not in the US. The drug has never been approved by the FDA for use here, and actually seems to have had its heyday in the 1980s and 1990s, until it was labeled a date rape drug.

It doesn't seem to be much of one now. That Justice Department study cited above found Rohypnol in only 0.5% of victims of drug-facilitated sexual assaults, and a 2006 British study found only 2% had any sedatives in their urine 12 hours after the assault. Similarly, a 2009 Australian study of 97 patients admitted to hospitals claiming their drinks had been spiked was unable to find a single case where the drinkers had actually been dosed with sedatives. They did find, however, that the mean blood alcohol level of the patients was 0.096%, well above what is legally considered too drunk to drive in the US.

Compared to the other drugs in question, Rohypnol doesn't appear to be of much interest to the Erowid set -- there are only 20-odd user reports in the flunitrazepam vault. They appear to be using for recreational or self-therapeutic reasons, and user report titles such as "My Mind Is A Blank," "Goofy Roofie," and "A Lot I Don't Remember" provide a hint of the experiences.

It seems clear that while ketamine, GHB, and Rohypnol, like many other drugs, including most prominently alcohol, can be used for nefarious purposes, those three substances are only a tiny part of the problem. It seems equally clear that substantial numbers of people who are not date rapists but recreational drug users are using these drugs. If these misinformed bills actually become law, the people who will be hit with harsher penalties are much more likely to be innocent partiers than deviant criminals.

Sacramento, CA
United States

Historic Federal Bill to Legalize Medical Marijuana Rolled Out Today [FEATURE]

A bipartisan trio of senators today introduced historic legislation to legalize medical marijuana at the federal level. Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) filed the Compassionate Access, Research Expansion, and Respect States (CARERS) Act, which would end the federal prohibition on medical marijuana and allow states to set their own policies.

Senatory Cory Booker (D-NJ) (Bbsrock/wikimedia.org)
"We need policies that empower states to legalize medical marijuana if they so choose-recognizing that there are Americans who can realize real medical benefits if this treatment option is brought out of the shadows," said Sen. Booker. "Doctors and patients deserve federal laws that are fair and compassionate, and states should be able to set their own medical marijuana policies without federal interference. I am thankful to Senators Gillibrand and Paul as well as the Drug Policy Alliance for their hard work on this common-sense bill to make medical marijuana accessible to the millions of Americans who could benefit from it." 

The bill would reclassify marijuana for medical use, allow veterans to have access to medical marijuana, overhaul banking laws to allow licensed medical marijuana businesses to use financial services, and open up more research possibilities for medical marijuana.

In addition to the Drug Policy Alliance, the senators also consulted with the Marijuana Policy Project, Americans for Safe Access, and other voices for patients in drafting the bill. Although nearly half the states have passed medical marijuana laws (and a dozen more have passed limited CBD cannabis oil laws), marijuana remains illegal under federal law. That means patients and providers in medical marijuana states are still at risk of federal prosecution and families and patients in non-medical marijuana states must relocate or travel long distances to get treatment, facing the risk of prosecution in non-medical marijuana states along the way.

"I am so happy to support this bill. As the mother of a child with a severe seizure disorder, anxiously waiting to get access to a medication that is already helping thousands of others is unbearable," said Kate Hintz, a New York resident who has advocated for CBD to treat her daughter and others to treat epilepsy and seizures. "After persistent advocacy in my home state of New York, we finally saw a medical marijuana law passed last summer.  Yet individual state's laws, including New York's, will not succeed until we lift the current federal restrictions surrounding this plant," she added.

"I applaud Sens. Gillibrand, Booker and Paul for taking this bold step forward and insisting the federal government take action.  Let's end the fear and stigma associated with marijuana, and instead allow this bill to provide research, medicine, and long needed relief to so many. It cannot come fast enough, especially for my daughter," Hintz concluded.

Senator Rand Paul (R-KY) (senate.gov)
"For far too long, the government has enforced unnecessary laws that have restricted the ability of the medical community to determine the medicinal value of marijuana and have prohibited Americans from receiving essential care that would alleviate their chronic pain and suffering. I am proud today to stand with Sens. Gillibrand and Booker to introduce a bill that will fundamentally change our nation's drug policies and have a positive impact on the lives of our Veterans and children," said Sen. Paul.

While the Obama administration has, in recent years, largely taken a laissez-faire approach to medical marijuana in states that have approved it, that approach is both uneven and dependent on the whim of the administration in power. Just last week, federal prosecutors in Washington state took a family of five medical marijuana patients--the Kettle Falls Five--to trial, threatening them with lengthy, mandatory minimum prison sentences for growing medical marijuana legally under state law (in a state where even recreational marijuana is legal!).

Fortunately for the Kettle Falls Five, a federal jury acquitted them of most charges, including the most serious ones. But under the current state of federal marijuana prohibition, such prosecutions could continue.

Similarly, the Obama administration's recent restraint on medical marijuana is derived from Justice Department guidance to federal prosecutors about which cases raise the level of federal concern high enough to warrant prosecution. That guidance was crafted by a deputy attorney general answerable to Attorney General Holder and the president. Absent protections provided by this bill or similar legislation, a new administration could easily return to the bad old days of DEA raids and patients and providers being hauled off to federal prison.  

Senator Kirsten Gillibrand (D-NY) (senate.gov)
"As the parents of severely ill children who could be helped by medical cannabis, we are dedicated to advancing safe, legal and viable access," said Maria De Gregorio, a parent leader of the Kentucky-based Parents Coalition for Rescheduling Medical Cannabis. "Rescheduling efforts must also guarantee access to whole plant extracts that have proven therapeutic benefits. We feel it is crucial to support state rights in all current and future medical marijuana programs. Thus, we strongly endorse this bill as it is written."
 
"Almost half the states have legalized marijuana for medical use; it's long past time to end the federal ban," said Michael Collins, Policy Manager for the Drug Policy Alliance. "This bipartisan legislation allows states to set their own medical marijuana policies and ends the criminalization of patients, their families, and the caregivers and dispensary owners and employees who provide them their medicine."

"With studies showing that medical cannabis access decreases suicide and addiction rates, the CARERS Act is absolutely necessary to help fix a broken healthcare system for veterans, which deals with suicides and addiction at catastrophic rates," said TJ Thompson, a retired U.S. Navy Third Class Petty Officer. "Now, I'm considered a criminal because of the medication that helps me. I take it illegally to treat my PTSD."

"This comprehensive proposal would effectively end the war on medical marijuana and let states compassionately provide care for seriously ill people without the federal government standing in the way," said Tom Angell, director of Marijuana Majority. "The fact that two young Democrats with likely long political futures have teamed up with a probable 2016 Republican presidential candidate shows how medical marijuana is a nonpartisan, noncontroversial issue that draws support from across the spectrum. With polls showing an overwhelming majority of American voters backing marijuana reform, you’d think taking up this proposal would be a no-brainer for legislative leaders who want to show that Congress can still get things done." 

We shall see. The bill text is not yet available on the congressional website, and it has not yet been assigned to a committee. That's the next step in a long process. 

Washington, DC
United States

Louisiana Man Gets 13 Years for Two Joints, Commutation Campaign Underway [FEATURE]

This article was written in collaboration with AlterNet and originally appeared here.

Bernard Noble has already spent nearly four years in a Louisiana prison for being caught with two marijuana cigarettes -- and he's still less than a third of the way through a 13-year sentence with no shot at parole. The sentence is outrageous, but hardly unique in a state with one of the harshest marijuana laws in the country.

Under Louisiana law, possession of any amount of marijuana up to 60 pounds is punishable by six months in jail on a first offense, up to five years in prison for a second offense, and up to 20 years in prison for a third offense. While first- and second-time offenders are eligible for probation, third-time offenders are not. Distributing any amount of pot, even a joint or two, garners a five-year mandatory minimum prison sentence, and that includes possession with intent to distribute.

Add in the gross racial disparities in marijuana possession busts -- African-Americans in the state are 3.1 times more likely to be arrested for than whites and account for nearly two-thirds of all pot arrests while making up less than one-third of the population -- and you have a pipeline to prison for black Louisianans.

In Bernard Noble's case, getting caught with a couple of joints morphed into more than 13 years behind bars because of the way the state's harsh marijuana laws intersect with its harsh habitual offender law (known colloquially as "the bitch.") Because Noble had two previous drug possession offenses, one 12 years old and one 24 years old, he fell under the purview of the habitual offender law.

Even though his current offense was trivial (marijuana is decriminalized in nearly 20 states and possession is legalized in four others and DC) and even though his previous offenses were low-level and nonviolent, the statute called for the 13 years, without parole.

Taking into account Noble's minor criminal history, his work record, and his role as the breadwinner for a family with seven children, and making special note of his overpayment of child support to children not living with him, his sentencing judge departed from the statute and sentenced him to only five years. Orleans Parish prosecutors appealed the lower sentence to the state Supreme Court and got the 13-year sentence reinstated last year.

"Thirteen years in prison for two joints is obscene," said Daniel Abrahamson, director of the Office of Legal Affairs for the Drug Policy Alliance and a lead author of a brief to the state Supreme Court in the case. "The punishment is so far out of proportion to the conduct that we really can't call it 'punishment' -- it is more like torture."

It has also shattered Noble's family and destroyed his fledgling business, a restaurant in Kansas City. Noble had relocated there after Hurricane Katrina and has just returned to New Orleans for a family visit. He left his grandmother's house on a bike ride four years ago and never made it back. He's been locked up ever since.

Bobby Jindal has a chance to do the right thing. (gov.state.la.us)
But there's renewed hope for the black, 48-year-old New Orleans family man, even if it's a longshot. Lawyers working on his case are preparing to formally seek a commutation for him from Gov. Bobby Jindal (R) within the next few days, and they, supporters, and advocates are hoping to light a fire under the governor hot enough to make him act. A rally is set for Sunday to draw attention to his case.

If Jindal's record is any indication, though, it will have to be quite a fire: During his time as governor, Jindal has granted only 40 of 390 commutations requested.

"This is one of the most egregious cases, a real heart breaker," said Yolanda Cadore, director of strategic partnerships for the Drug Policy Alliance. "He's been in there 44 months, and he's not even close to finishing his sentence. He's just passing time. The only rehab available is drug treatment."

Noble's sentence also plays into another ugly dynamic in Louisiana: imprisonment for profit. Back in the 1990s, during another overcrowding crisis, parish sheriffs were offered a cut of future profits if they covered the cost of building prisons in their counties. Now, more than half of state prisoners are held in parish jail administered by sheriffs.

The state pays them $24.39 a day per prisoner, much less than the $55 a day if would cost to house them in state prisons. If a sheriff can keep jails full, he can pull in as much as $200,000 per jail per year, all the while keeping expenses -- staffing and inmate care and programs -- as low as possible. Other sheriffs lease their prisons to for-profit prison companies in return for guaranteed annual payments.

Sheriffs have a direct financial incentive to keep their jails full, and they know it. Sentencing reforms would hurt their bottom line, and they have organized to make sure that doesn't happen. The Louisiana Sheriffs Association consistently lobbies against sentencing reforms, and its political action committee uses its financial clout to help elect politicians who agree with them.

Orleans Parish, the most populous in the state, acts as a conveyor belt for low-level, nonviolent drug offenders to fill the cells and the coffers for other parishes.

"Orleans Parish is the parish that is fueling the prison system in other parts of the state, and it's mostly black men fed into the prison system from there," said Cadore. "Look at Bernard Noble, look at Victor White, who was stopped, frisked, questioned, and ended up dead in the back of a police car after they found marijuana on him."

Case after case after case of black men being sent away for years for relatively trivial offenses is starting to have a cumulative effect on public opinion.

"What's rising to the surface is the impact these current laws have on a particular community -- the black community," Dore pointed out. "We are noticing that the drug war has a color, and that's black, and it has a gender, and that's mostly male, and it has a location, mainly urban, where the young black men are. In all of that, Louisiana is no outlier."

Winning a commutation for Bernard Noble would be a step in the direction of social and racial justice. But he's just one prisoner. The state has 40,000 more, many of them also nonviolent drug offenders.

"If we are ever going to make a dent in reducing the incarceration rate and having a serious conversation about policy reform, we have to look at the impact of these draconian, regressive policies that are fueling the incarceration problem in the state," said Cadore.

"We also have to point out where lawmakers are making policy not based on evidence, but on tradition or notions of morality. We're in an age where evidence-based policy-making is not only the right thing, but the fiscally and socially responsible thing to do," she continued. "Louisiana has been casting a blind eye to evidence. Is it that they're not paying attention or that they're not paying attention to things that are profit-generating?"

Marijuana is Now Legal in Washington, DC! [FEATURE]

This article was published in collaboration with AlterNet and originally appeared here.

As of midnight, it became legal to possess, grow, and consume small amounts of marijuana in the nation's capital. An initiative passed with the support of 70% of DC voters has now gone into effect.

Republicans' efforts to block the law have been to no avail. Congress passed a budget bill that blocked the District from spending money on easing marijuana laws -- and that has stopped the District council from moving forward with a bill to tax and regulate marijuana commerce -- but that came after voters had already approved the ballot measure, Initiative 71.

Though some Republicans have cried foul, DC interpreted that timing as meaning that the initiative would take effect. After the 30 legislative days Congress had to act to block the initiative ran out (after DC officially forwarded the November election result to Congress), Congress had 30 days to act to block the legalization it. It failed to do so, and the 30-day period ends today. Absent a court ruling to the contrary, the initiative is law.

District officials, from Mayor Muriel Bowser to Police Chief Cathy Lanier, have signaled that they intend to heed the will of the voters.

"DC residents spoke loud and clear," Bowser said at an event Tuesday with the council where she and other city leaders vowed to carry out the new law.

The city has even produced a Q & A pamphlet that seeks to clarify exactly what is and is not allowed under Initiative 71.

That is particularly useful because this is legalization with some caveats. Adults 21 and over can possess up to two ounces of marijuana and grow up to six plants in their homes, of which no more than three can be flowering. They can also give (but not sell) up to an ounce to other adults.

But there is no public consumption allowed, and there is no provision for taxed and regulated marijuana sales. There will be no legalized pot shops in DC -- at least for now -- although existing dispensaries will continue to operate to serve the medicinal market.

Anyone convicted of smoking or consuming marijuana in public faces a $500 fine and up to 60 days jail time. Selling marijuana carries a $1,000 fine and six months jail time. And any business that lets patrons use pot could lose its license.

It's still not legal on federal property. (wikimedia.org)
And the DC law doesn't apply on federal property. This is significant because 22% of the District is federal property. If you are caught with marijuana on the Mall or the Jefferson Memorial, for example, you can face federal marijuana charges.

DC now joins Alaska, Colorado, and Washington in having marijuana legalization in effect. In Oregon, where residents also voted to legalize it last November, the new law goes into effect on July 1.

"The sky isn't going to fall," predicted Michael Collins, policy manager for the Drug Policy Alliance national affairs office, which worked closely with the DC Cannabis Campaign, the group that sponsored Initiative 71. "But there will be some confusion about what this means. It's going to be very similar to other states that have legalized or are in the process. In those states, legalization went into effect and they didn't have tax and regulate for months, and there wasn't any chaos. There won't be any chaos here, either."

"I feel good," said long-time activist Adam Eidinger, the driving force behind Initiative 71. "I've stopped pinching myself."

Still, Eidinger said, he had nothing special planned to mark the day. "We'll plant some seeds, that's about it," he said.

He has certainly planted the seed of marijuana legalization in the nation's capital, but there is more to be done, he said, pointing to the huge racial imbalance in DC marijuana arrests. Blacks accounted for 91% of all marijuana arrests in the city and were arrested at a rate eight times that of whites.

Anger over the disparate enforcement of the pot laws was key to winning the initiative. Multiple civil rights, faith, and community advocacy groups campaigned for Initiative 71, seeing it as an opportunity to redress racial injustice.

"Marijuana has been effectively legal in the affluent and white parts of the District west of 16th Street for years," said Bill Piper, head of the Drug Policy Alliance's national office. "All Initiative 71 does is treat the black community the same way -- no arrests for minor marijuana violations."

The man with the plan: DC activist Adam Eidinger, with his daughter Arundhati. (twitter.com)
But without full legalization, Eidinger said, racially-biased enforcement will continue.

"Home cultivation and possession begin to address the racial justice end of this, but that will not be fully addressed until we have in-store sales," Eidinger said. "We will still have people selling marijuana illegally."

The experience has also reawakened the DC political gadfly's long-standing interest in home rule for the District.

"I've been very disturbed by the way Congress has been treating residents of the capital," he said. "The whole effort to overturn the initiative really opened my ears to how once and for all we have to have equal rights as a state. We're planning a big push for home rule in the spring. That would benefit marijuana, too."

But as earth-shaking as marijuana legalization in the shadow of the Capitol is, what is equally striking is the inability of Republican conservatives to stop it.

"The big story is not that DC legalized it," said Collins, "but that the Republicans couldn't stop this. They had 30 days to review this, they had the opportunity to hold a quick up and down vote, and they chose not to. The Republicans are split on this issue. A lot of them support marijuana reforms, and many more are not interested in being the anti-marijuana party."

"There is simply no organized, significant group of members of Congress willing to waste time fighting against marijuana legalization, an issue that has become extremely popular with voters everywhere," added Piper. "The Republican House voted five times last year to let states set their own marijuana policies. And the recent scandal over DNC chair Debbie Wasserman Schultz shows that it is opposition to marijuana reform that is now politically toxic."

Now, the fight will turn to whether and how the District can move forward with taxation, regulation, and marijuana commerce. While some will be toking up in DC tonight, the battle is only half over.

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