Chronicle AM: Canada Election Should Bring MJ Legalization, Ohio Init in Dead Heat, More (10/20/15)

Canada's Liberals have vowed to legalize marijuana, and now they've just won the election; the Ohio pot legalization initiative looks like it will be a squeaker, a federal judge rules in favor of marijuana businesses in legal states, and more.

New Poll Has Ohio Legalization Initiative in Dead Heat. A University of Akron Buckeye poll released today has the ResponsibleOhio legalization initiative at 46%, with 46% opposed and 8% undecided. But the poll also had 53% of respondents saying the initiative is a "bad idea" because it would grant an oligopoly on commercial marijuana growing (to the investors who funded the initiative). On Issue 2, an initiative aimed at invalidating initiatives that grant private inurement including by monopoly or oligopoly, 40% said they were in favor, 27% were opposed, and 32% were undecided. The election is two weeks from today. A Kent State University poll last week had the legalization initiative at 56%. Click on the link for more demographic and methodological information on today's poll.

Medical Marijuana

Brookings Institution Report Says Federal Government Stifles Medical Marijuana Research. Researchers at the think tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California Federal Judge Rules Feds Can't Shut Down Legal Marijuana Businesses. US District Court Judge Charles Breyer ruled Monday that the Justice Department is barred from prosecuting marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extend that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Asset Forfeiture

Former Dallas DA Accused of Misusing Asset Forfeiture Funds. Former Dallas County DA Craig Watkins is accused of spending asset forfeiture money for personal use, according to an audit expected to be released today. The audit shows that Watkins spent the money on everything from cell phone bills to travel expenses to the sponsorship of a football league. Seized funds paid for more than $50,000 worth of cell phone bills, and Watkins spent another $71,000 on public service announcements, other promotional activities, legal fees, and travel.

Drug Testing

West Virginia Senator Expresses Support for Drug-Testing Public Housing Residents. Sen. Joe Manchin (D) told the West Virginia Council of Churches Monday that he supported drug testing public housing residents. He said he got the idea from schoolchildren with addicted parents. Drug testing public housing residents is "something that we have to consider," he said. Courts have previously struck down similar testing programs, viewing them as illegal, warrantless searches.

International

Canada's Liberals Sweep to Victory -- With Marijuana Legalization in Platform. Led by Justin Trudeau, Canada's Liberal Party swept to a strong victory in Monday's elections. The Liberals won 184 seats. They only needed 170 seats to form a majority in the 338-seat lower chamber. The Liberal platform included, among other things, marijuana legalization: "We will legalize, regulate, and restrict access to marijuana," the platform states. Marijuana prohibition doesn't prevent youth use, causes socially disruptive and expensive arrests, and supports organized crime, the statement adds. "We will remove marijuana consumption and incidental possession from the Criminal Code, and create new, stronger laws to punish more severely those who provide it to minors, those who operate a motor vehicle while under its influence, and those who sell it outside of the new regulatory framework."