News Brief

There is plenty of action in state legislatures, the battle over rescheduling continues, a Maine dispensary gets called out for using pesticides, and much more. Let's get to it:

National

Last Friday, Americans for Safe Access petitioned the DC Circuit Court for a rehearing before a full panel in its fight to force the federal government to reschedule marijuana. The move comes after a three-judge panel in January granted plaintiffs standing, but denied the appeal on its merits. In so doing, it set a near impossible standard for forcing rescheduling.

California

Last Thursday, prosecutors in Vallejo dropped charges against dispensary operator Matt Shotwell. The move marked an ignominious end to a series of a dozen dispensary raids conducted by Vallejo Police in early 2012. At least six dispensaries were raided, some repeatedly, but now cases against all six have now been dropped. The police raids came after the city council voted to impose taxes on dispensaries.

On Tuesday, the Concord city council approved an outdoor cultivation ban. The ban came despite only 14 complaint calls in the city of 120,000 residents. Council members cited concerns about public safety and "odiferous blight." Officials did say enforcement of the ban would be "complaint driven."

Colorado

On Tuesday, an audit found problems in the state's medical marijuana enforcement division. A report from the state auditor found that a lack of funding for the program led to a lack of consistent enforcement and a nearly two-year delay in reviewing license applications. Problems mentioned included a failure to quickly review applications, a failure to follow state law, and removing marijuana from dispensaries under disciplinary review and a failure to make sure seized marijuana is destroyed properly. The report also criticized the Department of Revenue for spending too much on capital projects and then laying off staff members, leading to long delays and mistakes in reviewing applications.

Florida

On Wednesday, activists were meeting with House Speaker Will Weatherford in an effort to get a pending medical marijuana bill moving. Weatherford has been blocking the bill, House Bill 1139, from getting a hearing or moving forward. No word at press time on the meeting results.

Illinois

Last Friday, the sponsor of a medical marijuana bill said it was just "one or two" votes shy of passing in the House. Rep. Lou Lang (D-Skokie) is the author of the medical marijuana bill, House Bill 1.

Maine

On Monday, state regulators said a dispensary was violating state rules by using pesticides on plants it was growing. Wellness Connection of Maine was ratted out by one of its own employees at its Auburn grow site, and investigators subsequently found pesticides present, as well as 20 other violations of the rules for growing marijuana. Wellness Connection said it would stop using pesticides and make other changes, too. State regulators will allow the dispensary to sell the pesticide-treated plants, but it must inform patients that chemicals were used in their growth. Wellness Connection, which runs half of the state's medical marijuana clinics, must now contact all prior and current patients to tell them pesticides were used in the products they purchased or are purchasing, and that they have stopped using the chemicals designed to keep bugs away.

Maryland

On Monday, a medical marijuana bill passed in the House. The bill, House Bill 1101, would set up a medical marijuana commission to which the academic medical centers could apply for permission to administer marijuana to patients within a research-focused program. Marijuana would be grown either by state-licensed growers or by the federal government.The bill now goes to the Senate.

Michigan

Last Friday, the Ypsilanti planning commission approved a new cultivation facility. It will be the second to operate in the city. The grow op won unanimous approval from the commission, on the condition that it construct a sidewalk and close a curb cut. Another facility has already been approved by the commission, but is awaiting site plan approval.

Nevada

Last Monday, Sen. Richard Segerbloom introduced a bill that would allow dispensaries to operate in the state. The bill, Senate Bill 374, would regulate dispensaries. Under the state's current medical marijuana law, there is no provision for dispensaries.

New York

On Tuesday, matching medical marijuana bills were introduced in the Assembly and Senate. Assemblyman Richard Gottfried filed Assembly Bill 6357 and Senator Diane Savino filed companion legislation, Senate Bill 4406. The bills would create a tightly regulated system of medical marijuana supply, complete with patient registries, but would not allow patients or designated caregivers to grow their own medicine. Patients would be limited to possessing no more than 2.5 ounces.

West Virginia

Last Thursday, Del. Mike Manypenny introduced a medical marijuana bill. In previous years, he has gone it alone, but this time around he has nine cosponsors. The bill is House Bill 2961.

New York has become the latest state to see medical marijuana legislation introduced this year. On Tuesday, Assemblyman Richard Gottfried filed Assembly Bill 6357 and Senator Diane Savino filed companion legislation, Senate Bill 4406.

The bills would create a tightly regulated system of medical marijuana supply, complete with patient registries, but would not allow patients or designated caregivers to grow their own medicine. Patients would be limited to possessing no more than 2.5 ounces.

Drug reform and marijuana advocacy groups welcomed the introduction of the bills, but some expressed concerns that the measures as written do not provide enough protection for patients.

"Patients and their families in New York have suffered far too long because New York continues its retrograde approach to marijuana policies, even as other states move forward with more sensible approaches," said Julie Netherland, deputy director of New York policy for the Drug Policy Alliance. "The Drug Policy Alliance stands with hundreds of patients, healthcare providers, and organizations across New York in calling for the legislature to pass this sensible and humane legislation as soon as possible. A growing body of research shows that medical marijuana can be an effective treatment for a number of serious conditions. People living with multiple sclerosis, cancer, Parkinson's, HIV/AIDS and other debilitating conditions should not have to wait any longer to get access to a medicine that may help alleviate their pain and other symptoms. There is simply no sensible reason for patients and their families to wait any longer for relief."

"Empire State NORML welcomes the long awaited introduction of S. 4406/A. 6357," the group said in a statement Tuesday. "We support the bill, and will work hard with Compassionate Care NY, the New York Cannabis Alliance, and other allies for Senate passage for the first time and Gov. Cuomo’s signature."

But while supporting the bills, Empire State NORML expressed two reservations. It noted that the bills have no affirmative defense provision for patients possessing more than 2.5 ounces for medically necessary reasons and asked that such provisions be added. And the group expressed concern over the lack of a patient or caregiver cultivation provision.

"Empire State NORML strongly supports the right of certified patients or their designated caregivers to cultivate their own medicine," the group said. "But there should at least be a hardship provision for certain certified patients with transportation, physical or financial difficulties or their designated caregivers to cultivate their own medicine instead of having to rely on registered organizations."

Will this be the year New York joins its neighbors in embracing medical marijuana? The state shares borders with Connecticut, New Jersey, Pennsylvania, and Vermont, as well as Canada. All but Pennsylvania have already enacted medical marijuana laws.

The US Supreme Court Tuesday ruled that a drug dog's sniff of a residence's front door is a search under the meaning of the Fourth Amendment and that police must therefore obtain a search warrant before unleashing the hounds. The case was Florida v. Jardines.

While the high court has previously ruled that drug dog sniffs of vehicles stopped on the highway, packages at shipping centers, or luggage at airports do not constitute a search under the Fourth, it sets a higher standard for people's homes. When it comes to the Fourth Amendment, "the home is first among equals," Justice Antonin Scalia wrote for the 5-4 majority.

"A police officer not armed with a warrant may approach a home and knock, precisely because that is no more than any private citizen might do," Scalia reasoned. "But introducing a trained police dog to explore the area around the home in hopes of discovering incriminating evidence is something else. There is no customary invitation to do that."

The case arose when a Miami police detective investigating an anonymous tip about a marijuana growing operation had his drug dog sniff the base of the home's front door. The dog "alerted" on the scent of marijuana, and only then did police obtain a warrant to search the home. They then found 25 pounds of pot inside and arrested Jardines.

Jardines was charged with trafficking in marijuana, but the trial court approved his motion to suppress the evidence on the basis that the drug dog sniff amounted to a warrantless search. The Florida Supreme Court upheld the trial court, and the state of Florida then appealed to the Supreme Court.

The 5-4 decision sundered the typical liberal-conservative split on the court. Joining the conservative Scalia in the majority was conservative Justice Clarence Thomas, along with liberal justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan.

In a concurring opinion joined by Ginsburg and Sotomayor, Kagan went further than Scalia, arguing that the drug dog sniff violated Jardines' reasonable expectation of privacy.

In a dissenting opinion, Justice Samuel Alito, joined by Chief Justice John Roberts, Justice Anthony Kennedy, and Justice Stephen Breyer, rejected the privacy argument and opined that the search should have been upheld.

"A reasonable person understands that odors emanating from a house may be detected from locations that are open to the public," Alito wrote. "A reasonable person will not count on the strength of those odors remaining within the range that, while detectable by a dog, cannot be smelled by a human."

But that was the minority opinion. As of now, if the police want to use a drug dog to sniff a home's front door, they need to get a warrant.

Last fall, Uruguayan President Jose Mujica proposed legalizing marijuana commerce and cultivation (marijuana possession has never been a crime there), but shortly thereafter postponed action on the proposed legislation in the face of public opposition. Now he's ready for the country to have a discussion about it.

In December, Mujica postponed action on the bill, even though his party and its allies control the legislature. He cited polling that showed 64% of the public had reservations about allowing pot sales and cultivation.

Mujica continues to support the bill, but wanted to slow the process down to educate the public. Now, that process is beginning. Starting on April 4, a nationwide dialog on the bill is set to get underway. The three-month public debate will feature round tables, seminars, and conferences across the country and, Mujica hopes, bring public opinion around.

Mujica, a former leftist guerrilla in the 1970s, has argued that legalizing the commerce in marijuana would weaken drug smuggling gangs and fight petty crime. Uruguay is one of the safest Latin American nations, but has been scarred by criminal violence associated with the drug trade.

The bill would create a National Cannabis Institute to regulate commercial marijuana production and distribution. But unlike reports from last fall, it will not create state marijuana stores. The Institute would also come up with penalties for rule-breakers and help design programs to warn of the risks of pot smoking. For private households, the bill would allow the cultivation of up to six plants and the possession of up to 17 ounces.

If the bill becomes law, Uruguay would become the first country to formally legalize marijuana commerce. Such commerce had gone on in Holland for decades, with the laws against it still on the books, but ignored under the Dutch policy of "pragmatic tolerance." Other countries have decriminalized marijuana possession, but not the commerce.