Marijuana -- Personal Use

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Chronicle AM -- January 2, 2014

The New Year starts off with a whole bunch of marijuana news, the DEA Cartagena prostitution scandal gets an update, another Republican governor calls for welfare drug testing, and a South Korean comedian gets hammered for toking up. And more. Let's get to it:

South Korean comedian and actress Song In Hwa gets sent to jail for smoking pot. (Facebook)
Marijuana Policy

Colorado Marijuana Stores Open for Business; Sky Doesn't Fall, But Crowds Form. Crowds of would-be customers braved long lines in frigid, snow-blown conditions Wednesday to be able to participate in the historic first day of legal retail marijuana sales to adults in Colorado. The biggest apparent problem was feared supply shortages, leading some retailers to either limit purchases to a quarter-ounce (state law allows purchases of up to an ounce for residents) or raise prices, or both.

Washington State Marijuana Business Applications Top 5,000. As of year's end, state officials have processed more than 5,000 marijuana business applications, the state Liquor Control Board, which is in charge of the process, said Tuesday. There were 1,312 applications for retail outlets, but the state plans to cap their number at 324, so there will be competition. There were also 2,113 applications for cultivation licenses and 1,512 for processing facilities. And there will be more. Although the application window closed December 20, officials are still processing backlogged applications.

New Hampshire House to Vote This Month on Legalizing Marijuana. The New Hampshire House will vote later this month on a bill that would legalize the possession of up to an ounce by adults 21 and over. But even if it passes the House, it faces an uphill battle. Last year, the Senate rejected a bill to decriminalize a quarter-ounce, and Gov. Margaret Hassan (D) opposed even decrim.

Vermont Marijuana Legalization Bill Introduced. State Sen. David Zuckerman (P-Chittenden) has introduced a bill to tax, regulate, and legalize the production, sale, and use of marijuana, but he said he doubted it would pass this year. The state decriminalized possession last year, and Gov. Peter Shumlin (D) has said legalization isn't a priority this year. The Marijuana Policy Project said it would use this year to build a consensus for legalization, with an eye on 2015.

Marijuana Decriminalization Bill Coming Back in Hawaii. Marijuana decriminalization got through the state Senate last year, but got stuck in the House. Proponents will try again this year, Pam Lichty of the Drug Policy Forum of Hawaii told local media.

Medical Marijuana

Illinois Medical Marijuana Law Goes Into Effect. Illinois' medical marijuana law went into effect on New Year's Day. Sort of. Patients aren't protected until they have signed up with a state registry, which will not be open until the spring at the earliest, and regulatory agencies are going to spend the next four months establishing rules and regulations for cultivation and distribution. Cultivation applications might be accepted by the fall. In the meantime, the state has created the Medical Marijuana Pilot Program web site, which will have updates and information on the state's progress.

Washington State Wants Medical Marijuana Businesses to Pay Taxes. The state Department of Revenue said Tuesday it will send letters to several hundred medical marijuana businesses informing them that they need to be registered and paying taxes. The department is giving the businesses until January 24 to comply. Some medical marijuana businesses already pay taxes, but others don't, arguing that medical marijuana should be treated like prescription drugs, which are untaxed.

Drug Testing

Mississippi Governor to Push for Welfare Drug Testing. In an interview with the Associated Press, Mississippi Gov. Phil Bryant (R) said he wants to require drug tests for recipients of the Temporary Assistance to Needy Families (TANF) program. Bryant's comments came just hours after a federal judge threw out Florida's suspicionless welfare drug testing law as unconstitutional and as "reasonable suspicion" welfare drug testing laws in states like Utah and Minnesota have come under fire as costly and unnecessary.

Law Enforcement

Sleazy Details of DEA Cartagena Prostitution Scandal Emerge. A FOIA request from Foreign Policy has resulted in the release of a Justice Department Office of the Inspector General report on the scandal surrounding Secret Service and DEA agents who accompanied President Obama to the Summit of the Americas in Cartagena, Colombia, in April 2012. The report is full of juicy, sleazy detail on agents making dozens of calls to prostitutes on their government-issued cell phones, searching for dates with transvestite prostitutes, and seeking to redefine "sex" as not including paying hookers to masturbate them and "prostitution" as not what they had engaged in by paying hookers for sex acts. The OIG said that latter claim defied "common sense and legal definitions." Click on the link for more.

International

South Korean Comedian Gets Six Months in Jail for Smoking Pot. South Korean comedian Song In Hwa was sentenced to six months in prison last Saturday after she was found guilty of using marijuana on two separate occasions, one of them in a Las Vegas hotel room, the other one with her older sister in an unspecified location. The older sister got hit even harder, getting two years in prison. Both sisters also received additional years of jail time with the remainder of the sentences suspended. "Marijuana use by a celebrity is not a light crime given its bad influence on society, but considering the defense's recognition of the crime, her reflection, and the fact that it was only two times, we gave her a suspended sentence," the court said.

Peru Will Seek to Increase Coca Eradication This Year. Peru has set a target of eradicating 75,000 acres of coca this year, the head of the country's anti-drug agency, DEVIDA, said Wednesday. That's up from about 58,000 acres actually eradicated last year. Peru has surpassed Colombia as the world's number one coca and cocaine producer, and the government of President Ollanta Humala has taken an increasingly hard line against illicit coca-growing. Eradication efforts will target the Apurimac, Ene, and Mantaro river valleys (VRAEM). The government also plans alternative development and crop substitution schemes for some 75,000 coca-growing families.

TNI Issues Report on Corruption and Drug-Related Violence in Rosario, Argentina. The Transnational Institute has released the first report in its new Briefing Series on Drug Markets and Violence, focusing on the interior Argentine city of Rosario. Illicit drug trafficking and associated violence and corruption went unremarked there until the killing on New Year's Day 2012 of three community activists sparked attention. Click on the link for the full report

Dutch Crackdown on Marijuana Grow Leads to Increased German Cultivation. German police said Thursday that they have seen a large increase in marijuana grows in empty buildings in the northeastern state of Mecklenburg Western-Pomerania. They blame a Dutch crackdown on marijuana growers that has been in place since 2011. Since then, German cops in the state have busted 50 big grows, up from one or two a year before then.

Swansea University Global Drug Policy Observatory Up and Running. The recently created Global Drug Policy Observatory at Britain's Swansea University, whose goal is "promoting evidence and human rights based drug policy through the comprehensive and rigorous reporting, monitoring and analysis of policy developments at national and international levels," is open for business. Check out its new web site by clicking on the link above.

Colorado Makes History with First Legal Retail Marijuana Sales [FEATURE]

special to the Chronicle by Denver-based journalist Rebecca Chavez

For many people New Year's Eve means going to bars and celebrating with a night of drinking and carousing with their friends. For Adam Hartle and Anthony Hasham, the night was a little different. The duo flew into Denver from Jacksonville, Florida, in order to be first in line for Colorado's historic legal retail marijuana sales. Hartle and Hasham came prepared with a tent, and set up camp in front of 3D, Denver's Discrete Dispensary at 6:00pm on New Year's Eve. They were the first to arrive, making it even before the news cameras.

Adam Hartle and Anthony Hasham made the pilgrimage from Jacksonville, FL, to be first in line. (Rebecca Chavez)
While there are quite a few retail marijuana stores opening to the public on January 1, 3D was the place to be for those interested in being a part of history. The Marijuana Policy Project sent out a December 27 press release stating that they were recognizing the first sale at 3D as the first sale. With a press conference planned, and an Iraq war veteran slated to be the first retail customer, 3D was buzzing with excitement in the early hours of the new year.

There were over a dozen people standing around outside, eager to get their hands on some of the first retail marijuana sold in the country, but the majority of the crowd had a more professional purpose. News crews and industry insiders sat in the lobby of 3D, while owner Toni Fox rushed around talking to press and making last minute adjustments.

For Fox, the opening of 3D for retail sales has been a long process that is "the culmination of everything we've been working towards." Many dispensary owners planned to make the switch when they found out about Amendment 64, but Fox started planning in 2009. When she started looking for space for her dispensary, she did it with a retail location in mind. This early decision paid off in a big way when it came time to hand out marijuana licenses for the city of Denver. The retail space is large and well lit.

Denver's Discreet Dispensary (3D) is now open for sales to adults 21 and over. (Rebecca Chavez)
Unlike many other dispensaries, this retail location is completely separate from the medical area. Before sales start, the area is set up to help people find exactly what they need. Fox expects that a lot of people won't know what to do when they get to a retail marijuana facility, so she's tried to make purchasing easy for someone experiencing a dispensary for the first time.

She even made the decision to limit the retail edibles that she offers early on to only those from Dixie Elixer, one of the few edible companies set up for retail sales. This choice keeps people who want to try an edible for the first time from having to sift through a multitude of options.

The publicity of being the first marijuana store is a great boost for 3D, but Fox knows that there are some risks involved, especially regarding the much buzzed-about marijuana shortage. Though the limit for Colorado residents is higher, Fox decided that she wouldn't make any sales of more than the non-resident limit of seven grams. Still she is concerned.

The sign says it all. Welcome to a new era. (Rebecca Chavez)
When asked whether there is going to be enough product, she states that 3D should have enough to last until February. "Or Monday," she said, sharing a laugh with one of her employees while acknowledging that the truth about retail marijuana is that no one knows the extent of the demand just yet.

Judging from the size of the crowd inside the building right before the press conference began, the novelty of marijuana is going to drive a lot of people to businesses like 3D. Media sources from around the world jockeyed to get the best view of a small podium where the directors behind the Amendment 64 campaign prepared to say a few words about what retail sales mean for marijuana, and what the future brings.

This is business as usual for Mason Tvert, Betty Aldworth, and Brian Vicente, the organizers of the successful Amendment 64 campaign that made marijuana legal in Colorado and who have all been doing press conferences about it for years now. This one is a little more chaotic than usual, and that's because the message is so unique. Aldworth sums it up when she says that this moment is a shift, and that "marijuana sales will be a boon instead of a burden" on our communities and our economy.

From left: Toni Fox, Betty Aldworth, Mason Tvert, Sean Azzariti, Brian Vicente (Rebecca Chavez)
The first proof of this occurs with the very first sale. Sean Azzariti is a veteran who uses marijuana to treat his post traumatic stress disorder, but who cannot get medication because the state doesn't recognize PTSD as one of the ailments that allows for medical marijuana use.

For the first time, he will be able to legally purchase the marijuana that has helped him get through the years since he fought in the Iraq War. This sale will provide the city and state with valuable tax dollars, while also boosting the local economy and providing jobs for people who want to work in marijuana.

Cameras and reporters flooded into the retail sale room to document the moment of the first sale. Outside the building, the dozens of people lined up to purchasse legal marijuana kept multiplying. The line stretched across the length of the building and, despite the falling snow, people were all smiles as they awaited their chance to be a part of history.

As Tvert pointed out during the press conference, "Today there will be people around the nation buying marijuana," but only in Colorado is it legal and regulated.

Colorado has initiated a new era in marijuana policy in the United States, and Washington state will be joining later this year. With Alaska and Oregon both well-placed to legalize it this year via the initiative process, and with other states about to consider marijuana legalization bills in their legislatures, the beginning of the end of US marijuana prohibition has commenced.

Denver, CO
United States

Marijuana History Was Made in Denver This Morning!

Legal retail marijuana sales to adults got underway in Denver (and the rest of Colorado) a couple of hours ago. This is a historic day, as Amendment 64 finally goes into full effect.

The floodlights went on before dawn today, announcing the beginning of a new era (Rebecca Chavez)
We have a reporter on the scene, Rebecca Chavez, who wrote yesterday's story about dispensary owner Luke Ramirez, and Rebecca will be filing a story shortly.

But I didn't want to dally with shouting hosannas from the rooftops.

And I wanted to get this pic posted. It pretty much says it all.

Location: 
Denver, CO
United States

Legal Marijuana No Simple Matter for Colorado Retailers [FEATURE]

special to the Chronicle by Denver-based journalist Rebecca Chavez

Starting January 1, any person in Colorado over the age of 21 can walk into a retail marijuana facility and purchase marijuana with just a show of ID. While the process should be simple for those who choose to imbibe legally, things have not been so simple for the dispensary owners who have made the choice to sell retail marijuana. Luke Ramirez is one of these owners. His store, Walking Raven, sits on one of Denver's busiest streets.

For Ramirez, planning for retail marijuana sales began in February of 2012, when Walking Raven officially endorsed Amendment 64, the legalization initiative that won at the ballot that November. Even with almost two years of planning behind him, he finds that there are still a lot of hurdles to overcome. It wasn't until May of 2013 that Ramirez and other dispensary owners knew what would be expected of them by the state. Even with state legislation settled, Amendment 64 allows for municipalities to come up with even stricter rules for retail marijuana stores.

Denver started working on its own regulations in September, and wasn't done when the Chronicle spoke with Ramirez in late December. Though he was only the seventh person in the city of Denver to apply for a license, the constant changes mean that he won't be able to open until about January 10, over a week beyond the official start of recreational marijuana sales. In late December Ramirez was still getting calls about changes to marijuana laws at the city level.

The process has been similar for dispensary owners all over Denver, which means it might be one of the few places where a legal retail marijuana shortage will happen right away. The licensing for retail locations and retail grows is happening at the same time. This would be a problem for those trying to open on January 1, except that the state has allowed a one-time transfer of medical marijuana to retail. This transfer is how all stores will start, and it gives a little something extra to the consumer as well.

The edible companies have to go through the same process as other marijuana facilities, but some are opting out in the early stages. During the one time transfer, marijuana stores can make some edibles retail that otherwise wouldn't be available. This means some store owners are stockpiling certain items that they feel will be popular with retail consumers.

Ramirez has opted out of stockpiling because he simply can't afford it. The cost of selling retail marijuana is incredibly high, which prices smaller dispensaries out of an immediate switch. All told, Ramirez has spent $60,000 dollars going through the process of getting licensed and prepared to make the switch. Before he actually gets his license he expects to spend about $10,000 more.

Inside Walking Raven (Rebecca Chavez)
Money is a huge concern for retail marijuana dispensaries, and Ramirez is unsure of whether they will be able to make it all back during the first few months of retail sales. He acknowledges that the supply for retail just won't meet the demand, and worries that owners will see the same marijuana shortage that caused some of them to temporarily close their doors in 2012. This, of course, affects the people who work behind the counter. Ramirez wants to make sure that all of his employees are well-taken care of, but he acknowledges that he may have to cut back on hours at some point.

The marijuana shortage has another effect on the market. With marijuana prices possibly going as high as $70 for an eighth, Ramirez says that retail marijuana "won't get rid of the black market until supply meets demand."

In the meantime, his store and many others will have to compete with the grey market that has sprung up on Craigslist since the passage of Amendment 64.

Despite the many difficulties in his way, and the five inspections that he has to go through, Ramirez is confident that he is making the right choice. While he cannot sell retail marijuana at present, he is concerned to ensure that marijuana is still available for his current customers: medical marijuana patients.

"Patients definitely still need medicine," he says, and that's why he's sure to always have some on hand, segregated from retail marijuana for non-patients.

Retail and medical marijuana are sold in the same store, but they have to be kept in separate containers. Medicinal users can purchase retail, but retail consumers cannot get any of the medical marijuana regardless of a possible shortage. Despite eventual plans to sell only 10% of his product as medicinal, Ramirez is determined to always be able to take care of the patients.

They are, after all, the ones that supported him before the end of prohibition in Colorado.

Denver, CO
United States

Chronicle AM -- December 24, 2013

The first business licenses for legal marijuana shops have been issued in Colorado, dispensaries are delayed in Nevada, hemp is on the agenda in Kentucky, and Uruguay's legalization example is causing reflection in the region. And more. Let's get to it:

Marijuana Policy

In Historic Move, Colorado Issues First General Marijuana Business Licenses. The Colorado Marijuana Enforcement Division Monday issued 348 approved licenses for marijuana growers, processors, and retailers, making it the first state to issue such licenses. Some 136 of the licenses are for retail outlets. The marijuana business goes legit on January 1, although it's unclear how many pot shops will be open on day one.

Arkansas Attorney General Rejects Wording of Legalization Initiative (Again). For the second time, Attorney General Dustin McDaniel has rejected the wording of a proposed ballot measure to legalize marijuana. He said there were ambiguities in the wording of a proposed constitutional amendment submitted by Marjorie LeClair. McDaniel has approved the language of two other marijuana initiatives, both relating to medical marijuana.

Medical Marijuana

Dispensaries Delayed in Nevada. Although the law allowing dispensaries to operate in Nevada goes into effect April 1, don't expect to see any then. The state Division of Public and Behavioral Health says it needs to hire more staff and that it could be four months after April 1 before licenses are accepted, reviewed, and approved.

Hemp

Kentucky Industrial Hemp Commission to Meet Monday. The state's Industrial Hemp Commission will meet Monday, December 30, at 1:00pm at the office of Agriculture Commissioner James Comer to discuss the status of talks with the US Justice Department, hear reports from various committees, and present drafts of clean-up legislation and the annual commission report.

International

Uruguay Marijuana Legalization Prompting Neighbors to Rethink. Look out, it could be contagious! Uruguay's move to legalize marijuana is having a ripple effect in the region. Argentina' drug czar, Juan Carlos Molina, has now called for a public debate there about following Uruguay's footsteps, and said his boss, President Christina Fernandez de Kirchner, wants a new approach, too. There are signs that Chile, too, may head down that path. Newly reelected socialist President Michelle Bachelet campaigned on reviewing marijuana's classification as a hard drug.

English-Language Details on Raided Belgian Cannabis Club. We reported last week on the harassment by police of the Mambo Cannabis Social Club in Hasselt, Belgium, and the arrest of its founder, Michel Degens, but the only link we had was in Dutch. Here, thanks to the folks at NORML UK, is an English language backgrounder and update on the situation. Click on the link.

Ban on Non-Dutch in Cannabis Cafes Not Illegal Nor Discriminatory, Advocate General Says. Leen Keus, the advocate general for the Council of State, said Tuesday that banning non-residents from cannabis cafes is not illegal nor discriminatory. The ban is not against Dutch, European, or international law, Keus said. His comments come as the Council of State, the country's highest administrative court, prepares a ruling on whether the government was correct in closing two Maastricht cannabis cafes because they refused to implement the ban. Among other things, the advocate general is charged with issuing legal opinions on matters before the court.

New Zealand Synthetic Cannabis Shop Draws Crowds, Controversy, Vandalism. New Zealand this year chose to regulate synthetic drugs instead of banning them, but that doesn't mean controversy and problems have gone away. The U njo Y shop in East Hamilton is drawing both large crowds of people who want to get high on synthetic cannabinoids and scathing criticism from some members of the community for the "anti-social behavior" it is accused of generating. And speaking of anti-social behavior, the shop is now the target of vandals, who have glued its doors shut and hurled marbles at its windows.

Chronicle AM -- December 23, 2013

The marijuana court judge was drunk, Dread Pirate Roberts wants his bitcoins back, Beto O'Rourke wants the Border Patrol to answer some questions, Rand Paul and Cory Booker tweet policy, and more. Let's get to it:

Marijuana Policy

Florida "Marijuana Court" Judge Comes to Work Drunk. Florida Judge Gisele Pollack, who pioneered the notion of a "marijuana court," where misdemeanor pot offenders are steered toward treatment, showed up at work last Tuesday drunk out of her mind. When court staff tried to keep her off the bench, she responded, "Fuck you, you're fired." She was also reportedly screaming and crying as she demanded that her car keys be returned to her. She later told reporters she would be off for two weeks in "an intense outpatient program."

Medical Marijuana

Florida Signature-Gatherers Held Day of Action Saturday. Organizers for the campaign to put a medical marijuana initiative on the Florida ballot held a "Day of Action" Saturday as their effort heads into its final weeks. Supporters set up locations in 14 cities, including Daytona Beach and Orlando, where volunteers picked up and dropped off petitions. They need 700,000 to make the ballot, but are seeking to gather one million to have a cushion.

Asset Forfeiture

Silk Road's Dread Pirate Roberts Wants His Bitcoins Back. Ross Ulbricht, also known online as the Dread Pirate Roberts, is asking the federal government to return more than $30 million worth of bitcoins it seized after it shut down his Silk Road web site for allowing visitors to buy and sell illegal drugs and other contraband. Ulbricht argues in a legal filing that the currency should be returned because it isn't subject to civil forfeiture rules.

Law Enforcement

Beto O'Rourke Calls for Investigation into Heavy-Handed Border Drug Searches. US Rep. Beto O'Rourke (D-TX) is calling for an investigation into border drug search practices after, in the latest border search scandal, a New Mexico woman is suing after having been subjected to body cavity searches, including anal and vaginal probes while crossing into El Paso from Mexico. "Recent allegations brought against CBP for extreme and illegal searches are deeply troubling and, if true, completely unacceptable," O'Rourke said. "Individuals do not waive their constitutional or human rights simply because they choose to cross one of our international bridges. The war on drugs cannot be an excuse for sexual assault under the color of legal authority. Constitutional limits exist so that the rights of our citizens are protected and the government does not deprive any person of life, liberty, or property, without due process of law," O'Rourke said. "CBP has a responsibility to ensure that all persons entering into our country are treated humanely and in accordance with our laws."

Sentencing Reform

Paul-Booker Tweet Fest Could Be Harbinger of Reform Alliance Next Year. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) engaged in a Twitter exchange today that could augur cooperation on moving forward with sentencing reform and marijuana and hemp legalization next year. Both are among the highest-profile senators seeking sentencing reform. Read the exchange at the link.

International

A Thousand Rally for Marijuana Legalization in Tel Aviv. More than a thousand people rallied in Tel Aviv's Rabin Square Saturday night in favor of marijuana legalization and easing restrictions on medical marijuana. Likud lawmaker Moshe Feiglin and Meretz lawmaker Tamar Zandberg have proposed a bill that would legalize marijuana and ease access to it for medical use.

Costa Rica Presidential Candidates Not Keen On Marijuana Legalization. Costa Rica's two leading presidential candidates have said they do not support the full legalization of marijuana in Costa Rica. Proponents of medical marijuana, however, might glean some hope from the candidates' responses. Front-runners Johnny Araya of the National Liberation Party and Jose Maria Villalta of the Broad Front are lukewarm at best on marijuana reform. Araya said "I'm against legalizing marijuana in Costa Rica," while Villalta, while not endorsing legalization, at least called for "a broad national dialogue" on the issue.

Alaska Marijuana Legalization Petition Passes Goal

With nearly a month to go before their signature-gathering deadline, organizers of an Alaska marijuana legalization initiative are well-placed to qualify for the ballot, but it's not a sure thing yet. The Campaign to Regulate Marijuana told local media outlets last week they have already gathered almost 45,000 signatures, nearly half again the 31,169 valid voter signatures they need to take the issue to voters.

Campaigners said they would continue to seek signatures up until a January 21 deadline. Initiative campaigners want a healthy number of excess signatures because they must assume that some number of signatures will be deemed invalid.

A common rule of thumb is that 25% to 30% of gathered signatures will be ruled invalid. As things now stand, if 30% of the signatures were found invalid, it would barely qualify.

If the measure qualifies for the ballot, Alaska could become the next state to legalize marijuana because even if other states qualify initiatives for the November ballot, Alaskans would vote on their measure in August.

The initiative backed by the Marijuana Policy Project would legalize the possession of up to an ounce by persons 21 and over and allow the cultivation of up to six plants (only three in flowering) and the possession of their harvests.

It would also direct the Alcoholic Beverage Control Board to develop rules and regulations for legal, taxable commercial marijuana cultivation, processing, and sales, and to do so within nine months. The legislature would have the option of instead creating a Marijuana Control Board to oversee regulation.

The initiative would allow localities to opt-out of legal marijuana commerce via local ordinance or vote, and it sets a wholesale transfer excise tax of $50 an ounce.

AK
United States

Fourth California Marijuana Legalization Initiative Filed

And then there were four. Famed marijuana cultivation expert Ed Rosenthal, the "Guru of Ganja," announced Friday that he was filing The Cannabis Policy Reform Act of 2014 and dropped it in the mail to Sacramento the same day.

And off it goes! Ed Rosenthal & Mickey Martin file the 4th CA marijuana legalization initiative of year. (facebook.com)
Three other initiatives have already been filed: The California Cannabis Hemp Initiative 2014, the perennial effort by followers of the late Jack Herer to legalize marijuana, which is in the signature gathering phase, but appears unlikely to make the ballot. The other two initiatives, The Control, Regulate and Tax Marijuana Act of 2014, filed by the Drug Policy Alliance, and The Marijuana Control, Legalization and Revenue Act of 2014 have both filed revised versions and are awaiting titles and ballot summaries from the state attorney general's office.

Rosenthal's Cannabis Policy Reform Act of 2014 would allow people 21 and over to possess up to three ounces of marijuana and grow up to 100 square feet outdoors. (Indoor limits would be energy-based and capped at 2600 watts.) The state would regulate commercial growing and sales, with licensing handled by the Department of Alcoholic Beverage Control.

There would be a 6% gross receipts tax at each stage of production, although farmers who sell directly to the public would be taxed only once. There would be no tax on high-CBD marijuana destined for the medical market.

The act would not create a per se limit for driver while impaired, nor would it allow localities to ban personal cultivation. Localities could ban stores, but only after such a measure is approved by voters.

"The deed is done: The Cannabis Policy Reform Act of 2014 is on its way to the State Capitol! Looking forward to true legalization, regulation, and taxation in California. Let's help the police by freeing them from such trivial matters to better focus on the more serious problems of society, like violent crime," Rosenthal wrote on his Facebook page.

Any putative 2014 California legalization initiative faces both high financial hurdles and a ticking clock. Initiatives need more than 500,000 signatures from registered voters to qualify for the ballot, an effort initiative watchers could cost a million dollars. And to get on the November ballot, signatures have to be in by April.

The Drug Policy Alliance says it will decide early next year whether to proceed with its initiative. Rosenthal said part of the reason he filed his initiative was that if the Drug Policy Alliance decides to move forward, it will at least have a good initiative (his) to work with.

Oakland, CA
United States

Chronicle AM -- December 19, 2013

Today we have a plethora of pot polls, hope on banking, an important decision by Washington state regulators, and hints of change to come from Canada's Tories, among other news. Let's get to it:

Marijuana Policy

AP Poll Finds Opposition to Legalization Declining. In a poll released Thursday, the Associated Press found opposition to legalizing small amounts of marijuana declining, from 55% in 2010 to 29% now. At the same time, the poll reported support for legalization rising from 33% to 36%. The poll included an option for "neither support nor oppose," with 33% choosing that response. While support is up slightly, according to the poll, a good chunk of those opposed in 2010 have moved to "neither support nor oppose" now.

Wall Street Journal Poll Explores Attitudes on Where Marijuana Should Be Sold. In a poll released Thursday, the Wall Street Journal found that the most popular locations where Americans wanted legal nmarijuana to be sold were pharmacies (69%), followed by pot shops (60%), liquor stores (39%), coffee shops (17%), and supermarkets (13%). The poll also reported that 53% said the sale and possession of small amounts should not be legal, but that 80% said it should be regulated like alcohol. Go figure.

Arizona Pot Polls All Over the Place. Three Arizona polls on marijuana legalization have come up with wildly different results. Two polls from earlier in the year had support for legalization at 56% and 60%, but one just released had support at only 39%. That one is from Susquehanna Polling and Research, which only does polls for candidates who are Republicans and which had Romney beating Obama in Pennsylvania three days before the 2012 election. Obama won the state by five points.

Relief on Banking Could Come Early Next Year. Marijuana businesses could enjoy access to banking and financial services early next year, Jack Finlaw, chief legal counsel to Colorado Gov. John Hickenlooper (D) said Thursday. "What we're being told," Finlaw said during a teleconference, "is probably in the first quarter of 2014 there will be some guidance issued that's comparable to the Cole memo from the Department of Justice that will give, maybe not a green light, but a yellow light to banks to allow them to do business [with marijuana businesses] -- to take deposits, to set up checking accounts, to set up small business loans, to allow these businesses to accept purchases through debit cards or credit cards, to allow what normal businesses are allowed to do." The comment comes after a meeting of the Bank Secrecy Advisory Group in Washington, DC, last week.

St. Louis Legalization Debate Packs 'Em In. A Wednesday night debate on marijuana legalization filled the St. Louis Ethical Society to overflowing as Show Me Cannabis Regulation executive director John Payne took on Missouri Narcotics Officers Association vice president John Grellner for 90 minutes of heated, but polite debate. Show Me Cannabis is working to put a legalization initiative on the ballot next year.

Medical Marijuana

Washington Regulators Recommend Letting Patients Keep Their Personal Grows, But Eliminating Collective Grows. The state Liquor Control Board has reversed itself and is now recommending that patients be able to keep their grows of up to six plants. "Allow home grows and the ability for a qualified patient or designated provider to possess marijuana plants. A qualified patient or designated provider may possess 6 plants, 3 flowering and 3 nonflowering," the board recommended. But it also recommended eliminating collective gardens, the backbone of the state's dispensary system.

New York Medical Marijuana Bill Gets Long Island Public Hearing. A medical marijuana bill, the Compassionate Care Act, got a public hearing Wednesday in the chamber of the Nassau County Legislature. It had one earlier this month in Buffalo. The hearings are designed to mount public pressure on the state Senate to get the bill through.

International

UN Security Council Has "Deep Concerns" About West African Drug Trade. In a presidential statement Wednesday after a briefing from UN Secretary General Ban Ki-moon, the UN Security Council expressed "deep concern" about a growing drug trade in West Africa and its links to terrorism. Ki-moon told the Security Council $1.2 billion worth of cocaine transits the region each year, where governments are weak, borders are porous, and extremists are on the march.

Canada's Tories to Modernize Marijuana Laws? Canada's governing Conservatives could modify the country's pot laws, Justice Minister Peter McKay hinted Wednesday. Fining marijuana users instead of arresting them is one possibility, he said. "That doesn't mean decriminalizing or legalizing, but it does mean giving police options, for example, to issue fines in addition to any other sanctions, or as a substitute for other sanctions," MacKay told QMI Agency. "These are things that we are willing to look at in the new year, but there's been no decision taken."

Teen Drug Use Survey Figures Spark Marijuana Debate [FEATURE]

This year's annual Monitoring the Future (MTF) survey on the habits of 8th, 10th, and 12th graders was released Wednesday, and most of the results were uncontroversial. But with two states having already legalized marijuana for adults and opinion polls suggesting more and more Americans are ready to move ahead with legalization, battles are raging over the numbers on teen marijuana use and what they mean.

The survey found that for most drugs, teen use levels are stable or declining. Synthetic marijuana use was down, as was cigarette smoking, alcohol drinking, and the use of inhalants, synthetic stimulants, prescription opioids, salvia divinorum, and hallucinogens other than LSD.

Drugs where teen use levels were stable included LSD; amphetamines; Adderall, specifically; Ritalin, specifically; ecstasy; cocaine; crack; heroin; methamphetamine; crystal methamphetamine; sedatives; tranquilizers; Rohypnol; Ketamine; and steroids. For most of these drugs, use levels even in 12th grade were quite low. For instance, 2.2% of seniors reported using LSD, 2.3% reported using Ritalin, and 4.0% reported using ecstasy.

When it comes to marijuana, 23% of seniors said they smoked in the month prior to the survey, 18% of 10th graders did, too, and so did 12% of 8th graders. Some 6.5% of seniors reported daily use, as did 4.0% of 10th graders, and under 2% of 8th graders.

It helps to put those numbers in historical perspective. All of the numbers are above the historic lows in teen drug use reported at the end of the Reagan-Bush era in the early 1990s, but well below the historic highs in teen drug use reported in 1979, just before the Reagan-Bush era began.

For seniors, the all-time low for monthly use was 11.9% in 1992, but the recent high was 23.1% in 1999. This year's 22.7% is actually a decline of two-tenths of a percent from 2012, and in line with figures for the past decade showing rates hovering in the upper teens and low twenties. It's a similar story at the younger grade levels.

The survey also found that the notion that regular use of marijuana is harmful is losing favor among teens. Only 39.5% of seniors saw it as harmful, down from 44.1% last year, and down significantly from views over the past two decades.

Despite the relative flatness of the marijuana use numbers, some warned that the sky is falling, cherry-picking the numbers and warming to favored themes to support their points of view.

Ever since Reefer Madness days, teen marijuana use has worried the grown-ups.
"Let these numbers be a wakeup call to parents and decision-makers alike," said Kevin Sabet, a former senior drug policy advisor in the Obama Administration now serving as the director of Project SAM (Smart Approaches to Marijuana). "There is no way to properly 'regulate' marijuana without allowing an entire industry to encourage use at a young age, to cast doubt on the science, and to make their products attractive -- just like Big Tobacco did for 50 years. Today's Big Marijuana is no different."

"These increases in marijuana use over the past few years are a serious setback in our nation's efforts to raise a healthy generation of young people," said Gil Kerlikowske, director of the Office of National Drug Control Policy. "Teens deserve to grow up in an environment where they are prepared to meet the challenges of the 21st century, and drug use never factors into that equation. Today's news demands that all of us recommit to bolstering the vital role prevention and involved parenting play in keeping young people safe, strong, and ready to succeed."

"This is not just an issue of increased daily use," said Nora Volkow, director of the National Institute on Drug Abuse (NIDA). "It is important to remember that over the past two decades, levels of THC -- the main psychoactive ingredient in marijuana -- have gone up a great deal, from 3.75% 1995 to an average of 15% in today's marijuana cigarettes. Daily use today can have stronger effects on a developing teen brain than it did 10 or 20 years ago."

Volkow also latched onto figures showing that 12% of 8th graders had tried marijuana in their lives.

"We should be extremely concerned that 12% of 13- to 14-year-olds are using marijuana," Volkow added. "The children whose experimentation leads to regular use are setting themselves up for declines in IQ and diminished ability for success in life."

In 2012, MTF added questions about where students obtain marijuana. In states that have medical marijuana, 34% of pot-smoking seniors said one of the ways they got their marijuana was through someone else's prescription (recommendation). And 6% said they got it with their own recommendation.

"A new marijuana industry is forming in front of our eyes, and make no mistake about it: they are delighted their customers -- today's youth -- consider their product safe," remarked former Congressman Patrick J. Kennedy, a Project SAM cofounder. "The rise of legalization and medical marijuana has sent a message to young people that marijuana use is harmless and non-addictive."

But while the drug czar, Dr. Volkow, and Project SAM were sounding the tocsin about the threat of teen marijuana use, others reacted more calmly, taking solace from the findings that teen cigarette smoking and drinking, not to mention other drugs, had declined.

"These findings should put to rest any claims that reforming marijuana laws and discussing the benefits will somehow contribute to more teens using marijuana," said Mason Tvert, director of communications for the Marijuana Policy Project. "It's time for prohibition supporters to stop hiding behind teens when debating marijuana policy."

The declines in teen cigarette smoking and drinking show that regulation -- not prohibition -- is the way to address substance use, Tvert said.

"Regulation clearly works and prohibition has clearly failed when it comes to protecting teens," he argued. "Regulating alcohol and tobacco has resulted in significant decreases in use and availability among teens, and we would surely see similar results with marijuana. At the very least, this data should inspire NIDA and other government agencies to examine the possibility that regulating marijuana could be a more effective approach to preventing teen use."

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