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Medical Marijuana Update

Arkansas and Florida start moving toward voter-approved medical marijuana systems, Massachusetts activists push for greater patient access, and more.

Arkansas

Last Friday, a lawmaker filed medical marijuana implementation bills. State Rep. Douglas House (R-North Little Rock) has filed a pair of bills aimed at the state's new medical marijuana law. House Bill 1057 would add national and state criminal background check requirements, while House Bill 1058 would amend the definition of written certification to clarify that it is not a medical record. The bills are not yet available on the legislative web site.

Florida

As of Tuesday, Florida is now a medical marijuana state. The constitutional amendment approved by voters in November to legalize medical marijuana went into effect Tuesday. But the state doesn't have a distribution system up and running yet. Lawmakers and the state Department of Health will have to craft rules, with an implementation target date of September 9.

Massachusetts

On Tuesday, a public hearing heard calls for eased patient access. At a public hearing in Boston Tuesday, advocates called for changes in the state's medical marijuana law to allow hospices and nursing homes to provide the medicine for patients. "Hospice patients are literally out of time," said Elizabeth Dost, clinical director for the Massachusetts Patient Advocacy Alliance, which represents medical marijuana patients. "The patient's average length of stay (in hospice) in Massachusetts is 35 to 45 days. By the time they access cannabis, they are often deceased." Another public hearing is set for Thursday morning in Holyoke.

New Hampshire

Last Friday, a new bill being drafted would let patients grow their own. A bill currently in draft form would allow patients living at least 30 miles from a dispensary to grow their medicine. New Hampshire and Connecticut are the only New England states that don't allow patients to grow, and state Rep. Renny Cushing (D-Hampton) wants to change that. He said he is open to altering the bill's language, including the 30-mile provision.

Puerto Rico

Last Friday, the territory got its first dispensaries. Medical marijuana dispensaries have begun operating in the US territory, Gov. Alejandro Garcia Padilla said Friday. He said two dispensaries are now open. The move comes nearly two years after his administration adopted a regulation to allow for medical marijuana.

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

Chronicle AM: VT MJ Possession Pardons, No Jail for MJ in Houston, UK CBD, More... (1/4/17)

Vermont's governor pardons nearly 200 for pot, Houston's incoming DA says no jail for pot possession, a British medical regulatory agency recognizes CBD as medicine, and more.

British medical authorities have officially recognized CBD cannabis oil as a medicinal product. (Creative Commons/Wikimedia)
Marijuana Policy

Alaska Gets First Legal Marijuana Tax Revenues. The state is starting to reap the fiscal benefits of marijuana legalization, as the Department of Revenue announced it had taken in $81,000 in taxes from seven growers in the month of November. The revenues came from taxes on 98 pounds of pot and 10 pounds of trim, which are taxed at $50 an ounce and $15 an ounce, respectively.

Vermont Governor Pardons 192 for Pot Possession. Gov. Peter Shumlin (D) has pardoned 192 people convicted of possessing small amounts of marijuana. Some 450 people applied for pardons after Shumlin announced the program last month, but he only pardoned 192 after looking at subsequent criminal histories. "While attitudes and laws about marijuana use are rapidly changing, there is still a harmful stigma associated with it," Shumlin said. "My hope was to help as many individuals as I could overcome that stigma and the very real struggles that too often go along with it."

No Jail for Marijuana Possession in Houston. Incoming Harris County District Attorney Kim Ogg has said the practice of jailing people for pot possession is over. "All misdemeanor possession of marijuana cases will be diverted around jail," Ogg said. "I've never felt good about putting marijuana users in the same jail cells as murderers. It's just not fair, it doesn't make any sense, and our country is resoundingly against that."

Medical Marijuana

Florida is Now a Medical Marijuana State. The constitutional amendment approved by voters in November to legalize medical marijuana went into effect Tuesday. But the state doesn't have a distribution system up and running yet. Lawmakers and the state Department of Health will have to craft rules, with an implementation target date of September 9.

Massachusetts Medical Marijuana Hearing Aims to Ease Patient Access. At a public hearing in Boston Tuesday, advocates called for changes in the state's medical marijuana law to allow hospices and nursing homes to provide the medicine for patients. "Hospice patients are literally out of time," said Elizabeth Dost, clinical director for the Massachusetts Patient Advocacy Alliance, which represents medical marijuana patients. "The patient's average length of stay (in hospice) in Massachusetts is 35 to 45 days. By the time they access cannabis, they are often deceased." Another public hearing is set for Thursday morning in Holyoke.

Law Enforcement

NAACP Activists Arrested in Protest at Attorney General Nominee's Office. Six NAACP demonstrators were arrested after occupying the Mobile, Alabama, offices of Sen. Jeff Sessions (R-AL), Donald Trump's choice to head the Justice Department. The NAACP is demanding the Sessions turn down the nomination to be attorney general, citing his record of ignoring voter suppression but prosecuting black voting rights activists. Sessions is also opposed by broad swathes of the drug reform community for his stances against marijuana legalization and sentencing reform and in favor of asset forfeiture.

International

Britain Recognizes CBD as a Medicine. The Medicines and Health Care Products Regulatory Agency (MHRA) Tuesday classified CBD as a medicine in the United Kingdom. The agency said it made the move after reviewing claims from several companies that their CBD products offered health benefits.

Georgia Marijuana Activists Face 12 Years in Prison for Planting Pot Seeds. In a New Year's Eve act of civil disobedience, dozens of activists and the Girchi Party planted pot seeds at party offices, publicly breaching the country's criminal code and exposing themselves to up to 12 years in prison under the country's drug laws. The Girchi Party is demanding drug decriminalization and marijuana legalization.

Chronicle AM: US Legal MJ Sales Near $6 Billion, ME Goes Legal at Month's End, More... (1/3/17)

Happy New Year! Legal marijuana sales hit a new record, Maine's legalization law will go into effect on January 30 (but not pot shops), Puerto Rico sees its first dispensaries, and more.

Somebody modified the iconic Hollywood sign on New Year's Eve. (Twitter)
Marijuana Policy

US Marijuana Sales Hit Nearly $6 Billion in 2016. A new report from Arcview Market Research put US legal and medical marijuana sales at $5.86 billion last year, with nearly another $900 million being sold in Canada. Assuming a compound annual growth rate of 25%, Arcview estimates that North American sales will reach $20.2 billion by 2021.

California Bill Would Specifically Outlaw Pot Smoking Behind the Wheel. State Sen. Jerry Hill (D-San Mateo) and Assemblymember Evan Low (D-Silicon Valley) have filed Senate Bill 65, which would make it a misdemeanor to drive while smoking or otherwise ingesting marijuana. Hill said he filed the bill because the state's legal marijuana law does not explicitly bar such activity.

Idaho Moms for Marijuana Founder Busted for CBD at Statehouse Rally. Serra Frank, the founder of Moms for Marijuana International, was arrested on the capitol steps in Boise Sunday for possession of marijuana after she displayed a pill bottle containing what she said were capsules containing CBD oil. She was also charged with possession of paraphernalia. The rally was held to protest Gov. "Butch" Otter's (R) veto of a CBD bill last year.

Maine Legalization Goes Into Effect January 30, But Governor Wants a Moratorium on Sales. Tea Party Republican Gov. Paul LePage has officially certified the results of the November vote on marijuana legalization, meaning it will go into effect at month's end. But he also called for a moratorium on sales until lawmakers can work out regulatory details. The state's new pot law already gives the legislature nine months to come up with regulations, leading legalization activists to describe LePage's moratorium call as "defeatist" and premature.

Medical Marijuana

Arkansas Lawmaker Files Medical Marijuana Implementation Bills. State Rep. Douglas House (R-North Little Rock) has filed a pair of bills aimed at the state's new medical marijuana law. House Bill 1057 would add national and state criminal background check requirements, while House Bill 1058 would amend the definition of written certification to clarify that it is not a medical record. The bills are not yet available on the legislative website.

New Hampshire Bill Would Let Patients Grow Their Own. A bill currently in draft form would allow patients living at least 30 miles from a dispensary to grow their medicine. New Hampshire and Connecticut are the only New England states that don't allow patients to grow, and state Rep. Renny Cushing (D-Hampton) wants to change that. He said he is open to altering the bill's language, including the 30-mile provision.

Puerto Rico Gets First Dispensaries. Medical marijuana dispensaries have begun operating in the US territory, Gov. Alejandro Garcia Padilla said Friday. He said two dispensaries are now open. The move comes nearly two years after his administration adopted a regulation to allow for medical marijuana.

Chronicle AM: MA MJ Shop Delay Protested, Prison Population Still Dropping, More... (12/30/16)

Massachusetts marijuana shops get delayed by six months, Nevada personal legalization goes into effect next week, the national prison population continues a slow decline, and more.

Hemp is on the move in America. (Vote Hemp)
Marijuana Policy

Amid Protests, MA Governor Signs Law Pushing Back Legalization Implementation. Gov. Charlie Baker (R) Friday signed into law a bill delaying the opening of retail marijuana shops for six months, from January 2018 to July 2018. He did so as demonstrators gathered at the capitol to protest the measure, which was hot-rodded through the legislature by a mere handful of solons on Wednesday. The delay "not only flies in the face of the will of the voters who voted for the January 2018 deadline, it shows contempt for the legislature itself, having been passed, not after three readings to the full House and Senate, but in the course of less than an hour by just two senators and five representatives," said the Massachusetts Cannabis Reform Coalition, which organized the protest.

Nevada Legalization Goes Into Effect Next Week. Voters approved the Question 2 marijuana legalization initiative in November and will begin to enjoy the fruits of their victory on January 1, when the new law goes into effect. It will allow people 21 and over to possess up to an ounce of weed or an eighth-ounce of cannabis concentrates. But retail sales won't go into effect until the state sets up a regulatory structure. The state has until January 2018 to get it done.

Industrial Hemp

Vote Hemp Issues Year-End Report: Four More Hemp States. The industry lobbying and educational group points to hemp victories in Alabama, Florida, Pennsylvania, and Rhode Island this year, as well as hemp-related bills passing in some other states that have already approved industrial hemp production. In all, hemp bills were introduced in 29 states in 2016.

Sentencing

Nation's Prison Population Now at 13-Year Low. Driven largely by a drop in the federal prison population, the country's overall prison and jail population dropped 2% in 2015, pushing it down to levels not seen in more than a decade, the Bureau of Justice Statistics reported Thursday. The decline continues a downward trend that began in 2009. A 7% decline in federal prisoners accounting for 40% of the overall decrease, but states including California and Texas also saw significant prisoner population reductions.

Activist and Author Tony Papa Wins a Pardon. The Drug Policy Alliance's Tony Papa was granted a pardon by New York Gov. Andrew Cuomo Friday. Papa served 12 years of a 15-to-life sentence for drug trafficking before he was granted clemencyby then Gov. George Pataki (R) in 1997. Since then, he has authored two books, pursued a career as an artist, and been a devoted drug reform activist.

International

Poll: British Columbia Voters Ready to Legalize Hard Drugs to Fight Opioid Crisis. A new survey of provincial attitudes toward drugs and addiction finds that nearly two-thirds of residents are open to considering hard drug legalization in the context of the province's ongoing opioid crisis. Some 63% said they were either completely willing to consider legalization or open to considering it with more information, while only 20% flat-out rejected it. Another 17% said they were not willing now, but might change their minds with new information.

Chronicle AM: Maine Init Losers Still Fighting, New Cartel Gains Strength in MX, More... (12/29/16)

Maine election losers seek to block the implementation of marijuana legalization, Mexico's Sinaloa Cartel is being overtaken by an upstart, and more.

With El Chapo behind bars, the Sinaloa Cartel is being overtaken by rivals.
Marijuana Policy

Sore Losers Department: Maine Marijuana Foes Now Seek Moratorium on Implementing Legalization. The anti-legalization group Mainers Protecting Our Youth and Communities, whose effort to defeat the marijuana initiative failed and whose effort to overturn the results via a recount also failed, is now calling for a moratorium on implementing the law. The law calls for a nine-month period for regulators to make rules for retailers and social clubs, but the group says that isn't enough.

Heroin and Prescription Opioids

Michigan Overdose Reversal Drugs Will Be Easier to Obtain Next Week. Thanks to bills signed into law Wednesday, Michiganders will have easier access to the opioid overdose reversal drug naloxone (Narcan) beginning January 1. One bill allows pharmacists to dispense the drug without a prescription under a standing order from the state's chief medical officer. Another bill gives school boards the ability to get a prescription for naloxone to be administered by a school nurse or other trained employee in case a student overdoses.

International

DEA Says There's a New Biggest Cartel in Mexico. The days of Sinaloa Cartel dominance of the Mexican drug trade and criminal underworld are over, and "El Chapo" Guzman's men have been ousted by a relatively new player on the scene: the Jalisco New Generation Cartel (CJNG in its Spanish initials), the DEA says. The group operates in at least half of Mexico's states, as well as along the entire Pacific Coast of North and South America, as well as having distribution operations in Asia, Oceania, and Europe.

This Week's Corrupt Cops Stories

A Maryland police drug lab director gets caught with her hand in the cookie jar, a Texas border town cop gets nailed for ripping off cocaine, and more. Let's get to it:

In Millersville, Maryland, the head of the Anne Arundel County Police drug lab was arrested last Wednesday for allegedly stealing prescription opioids and other drugs from drug drop-off boxes. Annette Box, 48, went down after she got into a traffic accident and investigators found pills in her car that were not prescribed to her. She had 29 Atropine tablets, 31 Diazepam tablets, 29 Tramadol pills, 50 hydromorphone pills, one Alprazolam pill, and one hydrocodone pill. She faces one count of possession of a controlled substance for each kind of pill.

In Columbus, Indiana, the former Columbus Police narcotics division supervisor was sentenced last Wednesday after he pleaded guilty to stealing drugs from the department. Jeremy Coomes, 39, admitted taking drugs from the evidence room, but he won't have to do any jail time if he keeps his nose clean. He was sentenced to nine years, but will serve the first year under house arrest and the next five years on probation.

In McAllen, Texas, a former Mission police officer was sentenced last Wednesday to 25 years in prison for stealing cocaine and then arranging a fake bust to cover up the theft. Hector Mendez, 46, a former DEA task force member, was convicted of stealing nearly 15 kilograms of cocaine from a Mission home, diluting the cocaine, and then letting some of the cut dope be seized during a fake drug bust. He was convicted of conspiracy to possess with intent to distribute and possession with intent to distribute cocaine.

Medical Marijuana Update

A study finds medical marijuana associated with a decline in traffic fatalities, the Arizona courts stick up for medical marijuana, changes in state law will have impacts in Colorado and Oregon, and more.

National

On Monday, a study found that states with medical marijuana laws see a decline in traffic deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Arizona

Last Wednesday, a prosecutor said he will appeal a ruling telling him not to obstruct medical marijuana businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Last Thursday, the appeals court ruled that the state must prove patients were actually impaired before convicting them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Colorado

As of next Sunday, caregiver plant limits will drop dramatically. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Kansas

On Tuesday, a federal judge threw out a medical marijuana mom's lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Oregon

As of this coming Sunday, dispensaries will go back to selling only to patients. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Pennsylvania

Last Wednesday, regulators announced an initial round of planned dispensary permits. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

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

Chronicle AM: LA Times Warns Trump on MJ, MA Pols Sneak Through MJ Shop Delay, More... (12/28/16)

California's largest newspaper has some advice for the president-elect, Massachusetts politicians pull a fast one on voters, and more.

The LA Times has a heads-up for the incoming president when it comes to legal weed. (Gage Skidmore/Creative Commons)
Marijuana Policy

LA Times Editorial Warns Trump Not to Mess With Legal Marijuana. In an editorial titled "The voters have spoken on marijuana. Trump ought to listen," California's largest newspaper notes that the state has just voted to legalize weed and that Donald Trump has been "hazy" in his position on legalization in the states. "Decades of experience has shown that the US can't win a war on marijuana," the Times warns the incoming president. "It would be foolhardy for the federal government to dig in on cannabis prohibition now, when voters are increasingly choosing to legalize the drug for medicinal and recreational use. Trump and his attorney general ought to adhere to the will of state voters and demonstrate the kind of pragmatic leadership on marijuana policy that has too often been missing in the federal government."

In Sneak Move, Massachusetts Pols Delay Opening of Pot Shops. Just weeks after state residents voted to legalize marijuana and allow retail outlets to open in January 2018, state legislative leaders Wednesday acted with no notice to undo the will of the voters. In a maneuver without debate and that took less than an hour under interim rules, Senate President Stanley Rosenberg (D) and Minority Leader Bruce Tarr (R) passed an amendment pushing back the opening date by six months. Only those two senators voted. Moments later in the House, the measure was approved by the five members on hand.

International

Thai Government Approves Legal Hemp Farming. The national Narcotics Control Board has approved the cultivation of low-THC industrial hemp, with harvests to be purchased by the Thailand Tobacco Monopoly. Hemp cultivation will take place in 15 districts in six provinces. The hemp produced must contain less than 1% THC. The move comes as part of a broader rewrite of the kingdom's drug laws.

Chronicle AM: CO Caregiver Plant Limit to Drop Big-Time Next Week, Aussie Poll Has Pro-Pot Plurality, More... (12/27/16)

Colorado caregivers will have to dramatically trim their gardens beginning January 1, Kansas medical marijuana mom Shona Banda has a federal lawsuit thrown out, Australian public opinion is shifting in favor of marijuana legalization, and more.

Kansas medical marijuana mom Shona Banda's federal lawsuit got tossed.
Medical Marijuana

Colorado Caregiver Plant Limits Shrink Dramatically As of Next Week. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Federal Judge Throws Out Kansas Medical Marijuana Mom's Lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Heroin and Prescription Opioids

Top Maine Republican Wants Single Committee to Handle Opioid Crisis. Assistant House Minority Leader Ellie Espling (R-New Gloucester) is calling for a single committee to handle bills addressing the state's opioid problem. Drug policy current is handled by three main committees -- Health and Human Services, Judiciary, and Criminal Justice and Public Safety -- but Espling said she doesn't want solutions placed in "silos." But neither the Democratic House leadership nor the Republican Senate leadership has signed on to her idea.

International

Poll: More Australians Now Favor Pot Legalization Than Don't. According to data from the Australian National University, 43% of Australians polled support marijuana legalization, with 32% opposed, and the rest undecided. Support is up nine points since 2013, when only 34% favored legalization and 44% were opposed.

Chronicle AM: OR Dispensaries Patient Only, Only Pure Cocaine Weight for OH Sentences, More... (12/26/16)

A new study finds that traffic fatalities decline in medical marijuana states, the Ohio Supreme Court rules that only the weight of pure cocaine -- not filler -- can be used in sentencing determinations, the Republic of Georgia walks away from jailing pot smokers, and more.

Starting next week, Oregon pot buyers will need a patient card if they want to buy at dispensaries. (Creative Commons/Wikimedia)
Medical Marijuana

Study: States With Medical Marijuana Laws See Decline in Traffic Deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Oregon Dispensaries Go Back to Selling Only to Patients Next Week. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Sentencing

Ohio Supreme Court Rules Cocaine Sentences Must Be Based on Weight of Cocaine, Not Filler. In a decision that could reopen the sentencing of people who were sent to state prison for possessing more than a hundred grams of cocaine, the state Supreme Court has ruled that sentences must be based on the amount of pure cocaine suspects had, not the entire amount of suspected drugs. "The state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold," Justice Judith Ann Lanzinger wrote for the 4-3 majority. The decision was based on the legislature's 1995 and 2011 rewriting of the state's drug laws, which defined cocaine as a drug by itself without adding any "mixture."

International

Georgia Constitutional Court Strikes Down Jail for Marijuana Possession. The Constitutional Court ruled last Thursday that possession and consumption of marijuana is no longer a jailable offense. "The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, storage and product on, are unconstitutional," it said in a statement. The ruling came in response to a lawsuit filed by the Public Defender's Office, which called imprisoning people for pot "irrelevant, too strict, and degrading." Marijuana possession was not a criminal offense in Georgia until 2006, when then President Mikheil Saakashvili launched an anti-drug campaign. Last year, the Constitutional Court struck down a law that imposed a prison sentence of up to 12 years for possession.

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