The Initiative 71 possession and cultivation legalization initiative goes into effect at midnight, despite some Republicans' attempts to stop it.
As of tomorrow, it will be legal for adults to possess up to an ounce and grow six plants (three mature) as phase one of Measure 2 comes into effect. It's going to take another year for marijuana businesses to be up and running, though.
Reps. Jared Polis (D-CO) and Earl Blumenauer (D-OR) have filed a pair of bills aimed at ending federal marijuana prohibition.
Whew! There are medical marijuana bills all over the place, a leading Democratic politician gets targeted for her anti-medical marijuana stance, and the Kettle Falls Five (now Four) trial gets underway.
The year's eighth drug war death took place in Birminghama, Alabama, during a pre-dawn SWAT drug raid. There are unanswered questions.
A Georgia head narc gets popped for drunk driving, a Detroit cop is in trouble for ripping off "Scarface" memorabilia during a drug raid, a San Francisco sergeant heads to prison for ripping off drug dealers, and a couple of California prison guards go down.
An anti-crime group has filed a pair of lawsuits challenging Colorado's legal marijuana law, a decrim bill is moving in Hawaii, 2016 initiative plans are getting underway in Michigan, DEA rules on pain pills are causing problems for vets and others, and more.
It's all marijuana news today: Federal legalization bills are filed, battles break out over legalization in Colorado, the Kettle Falls Five is now the Kettle Falls Four, Virginia CBD cannabis oil bills head to the governor's desk, and more.
Alaska's Measure 2 legalization begins to kick in tomorrow, the UFCW organizes medical marijuana workers in Minnesota, Chuck Schumer wants more drug war money, India bans the new synthetic drug mephedrone, and more.
It was legalization day today in Alaska, Ohio's ResponsibleOhio initiative goes back to the drawing board, a Georgia CBD medical marijuana bill moves, there are a couple of bad bills filed in California, and more.
Marijuana possession and cultivation will be legal in DC in just a few hours, Jamaica gives final approval to decriminalization, marijuana and medical marijuana bills are popping up all over, and more.
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)
"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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This article was written in collaboration with AlterNet and first appeared here.
Anchorage, Alaska's largest city. (wikimedia.org)
Private pot-smoking will be completely legal for adults, although public consumption remains illegal. Not all issues related to personal use, possession, and cultivation are resolved. The state legislature is still trying to settle questions around edibles, transporting marijuana, and use by minors. Senate Bill 30, which was supposed to be ready by legalization day, is still working its way through the legislature.
The second phase of legalization -- legal, taxed, and regulated marijuana commerce -- won't go into effect until the spring or summer of 2016. A nine-month rulemaking process is set to begin on legalization day, with the state expected to begin accepting applications for business permits in February 2016. The timeline was mandated in Measure 2, and the process is on schedule so far.
"First Colorado and Washington, now Alaska and Oregon -- and all with levels of support higher than the winning candidates for governor and US Senate achieved in those states," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Legalizing marijuana just makes sense now to voters across the political spectrum and -- as we'll likely see in 2016 -- across the country."
Dr. Tim Hunterberger, cosponsor of the initiative and chair of the winning Campaign to Regulate Like Alcohol in Alaska, and Bruce Schulte of the Coalition for Responsible Cannabis Legislation, an industry group monitoring the implementation process, are calling for legalization supporters to celebrate by consuming marijuana responsibly and to keep in mind that personal legalization doesn't mean a marijuana free-for-all.
"As with alcohol there's an appropriate time, place, and manner to consume marijuana, and the worst thing that could happen right now is for a handful of overzealous folks to spoil things by making a public spectacle out of marijuana consumption," they cautioned. "So, please be respectful of your fellow Alaskans, don't drive under the influence and don't do anything to give your neighbors reason to feel uneasy about this new law. We're in the midst of an enormous social and legal shift. Please do your part to make it as successful as possible by consuming responsibly."
Alaska isn't the only place where legalization is going at least partially into effect this week. The District of Columbia's possession and cultivation legalization initiative is set to go into effect Thursday -- unless Congress acts to block it (and the president signs such a measure) before then.
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This article was written in collaboration with AlterNet and originally appeared here.
Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon.
marijuana bud (horsma/hamppuform wikimedia.org)
"Over the past year, Colorado has demonstrated that regulating marijuana like alcohol takes money away from criminals and cartels, grows our economy, and keeps marijuana out of the hands of children," said Polis. "While President Obama and the Justice Department have allowed the will of voters in states like Colorado and 22 other jurisdictions to move forward, small business owners, medical marijuana patients, and others who follow state laws still live with the fear that a new administration -- or this one -- could reverse course and turn them into criminals. It is time for us to replace the failed prohibition with a regulatory system that works and let states and municipalities decide for themselves if they want, or don't want, to have legal marijuana within their borders."
Blumenauer's Marijuana Tax Revenue Act (HR 1014) would, after federal legalization, impose a federal excise tax on the sale of marijuana for non-medical purposes as well as apply an occupational tax for marijuana businesses. The bill would establish civil and criminal penalties for those who fail to comply, like those in place for the tobacco industry.
Rep. Jared Polis (D-CO) (congress.gov)
The bill also requires the IRS to produce periodic studies of the marijuana industry and to issue recommendations to Congress. It phases in an excise tax on the sale by a producer (generally the grower) to the next stage of production (generally the processor creating the useable product). This tax is initially set at 10% and rises over time to 25% as the legal market displaces the black market. Medical marijuana is exempt from this tax.
"It's time for the federal government to chart a new path forward for marijuana." said Blumenauer. "Together these bills create a federal framework to legalize, regulate and tax marijuana, much like we treat alcohol and tobacco. The federal prohibition of marijuana has been a failure, wasting tax dollars and ruining countless lives. As more states move to legalize marijuana as Oregon, Colorado, Washington and Alaska have done, it's imperative the federal government become a full partner in building a workable and safe framework."
The federal bills come as marijuana is increasingly accepted in the US. Now, nearly two-thirds of Americans live in a state or jurisdiction that allows for some form of legal marijuana use. Four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have legalized adult use, while 23 others allow for medical marijuana. Eleven more states have passed laws allowing for the use of low-THC cannabis products to treat specified medical conditions.
By now, nearly half (46%) of all people 18 and over have tried marijuana at least once, and in the past few years, public opinion polls have consistently found support for legalization at or above 50%. But while states and localities have taken the lead in finding ways to accommodate legal marijuana, the federal government continues to not only criminalize marijuana, but to classify it as among the most dangerous illegal drugs.
Rep. Earl Blumenauer (D-OR) (wikipedia.org)
The Obama administration has taken a relatively laissez-faire approach to medical marijuana and legal marijuana in the states, but that is a matter of policy, not law. And as long as federal marijuana prohibition remains on the books, policy can change with a new administration, or even if this one decides to take a different tack.
The congressional bills were met with approval by drug reform movement groups.
"As more state marijuana legalization laws come on board it's increasingly important for federal policy to catch up," said Tom Angell, chairman of Marijuana Majority. "The Obama administration's enforcement approach over the past few years has created some room for Colorado and Washington to implement their laws and show the world that legalization works. And we even saw the Republican-controlled Congress vote last year to stop the DEA from spending money to interfere with state medical marijuana laws. Now it's time to fully and officially end the federal criminalization of marijuana so that states can move ahead with full certainty that the DEA won't be able to step in whenever the drug warriors that run the agency feel like it."
"Cops have better things to worry about than the recreational habits of responsible, nonviolent adults," said Major Neill Franklin (Ret.), a former Maryland narcotics officer and now executive director of Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals opposed to the drug war. "And dispensary owners have better things to worry about than whether the federal government is going to arrest them and/or seize their assets for acting in accordance with state law."
"These bills would regulate and tax marijuana, taking cultivation and sales out of the underground market and allowing it to be controlled by legitimate businesses under the close watch of authorities. Marijuana would be grown in licensed facilities instead of national forests and basements in the suburbs. It would be sold in stores that create good jobs and generate tax revenue, instead of on the street where it benefits cartels and criminals," said Dan Riffle, director of federal policy for the Marijuana Policy Project.
"Congress has been ignoring our broken and outdated marijuana laws for decades," Riffle continued. "Their failure to let go of prohibition is causing serious problems for state governments and interfering in the lives of countless Americans. It's time for our federal representatives to come to grips with the fact that marijuana is safer than alcohol and most people think it should be treated that way. Members who consider it unthinkable to return to alcohol prohibition need to ask themselves why they are clinging to the prohibition of a less harmful substance."
The bills are there. Now it's time to see whether Congress will act on them.
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Whew! There are medical marijuana bills all over the place, a leading Democratic politician gets targeted for her anti-medical marijuana stance, and the Kettle Falls Five (now Four) trial gets underway. Let's get to it:
MMJ leaf and stethoscope KY ODCP_151_20.jpg
Over the weekend, activists targeted Debbie Wasserman Schultz over her medical marijuana stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.
California
Last Friday, Butte County hired six code enforcement officers to begin enforcement of Measure A, the voter-approved measure that restricts medical marijuana grows in the county. Code enforcement officers and deputies will go door-to-door in selected rural areas of the county to inform residents about the new restrictions.
Colorado
Last Wednesday, a bill to regulate medical marijuana got stripped down. Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crack down on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.
Georgia
On Monday, a CBD cannabis oil bill won a committee vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.
On Wednesday, the House passed the CBD cannabis oil bill. The House approved House Bill 1, which allows for the use of low-THC, high-CBD cannabis oil to treat seizures and other major health conditions. The measure now goes to the Senate.
Kansas
On Monday, a CBD cannabis oil bill won a House committee vote. For the first time, a measure allowing some form of medical marijuana has won a vote in the state legislature. The House Health and Human Services Committee Monday approved House Bill 2282, which would allow for the use of low-THC, high-CBD cannabis oil for seizure disorders.
Minnesota
On Monday, medical marijuana workers unionized. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.
Missouri
On Monday, a medical marijuana bill was set for a hearing. Rep. Dave Hinson's (R-St. Clair) House Bill 800 would allow for medical marijuana for eligible patients.
New York
On Monday, there was talk of kosher medical marijuana coming to the state. Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.
North Dakota
Last Wednesday, the House killed a medical marijuana bill. A bill that would have brought medical marijuana to the Northern Plains was on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.
Tennessee
On Tuesday, a CBD cannabis oil bill was delayed. The House Criminal Justice Subcommittee is delaying a bill that would legalize low-THC, high-CBD cannabis oil. Lawmakers decided Tuesday to bump any action back by at least two weeks. The bill is House Bill 197.
Virginia
Last Wednesday, the legislature approved two CBD cannabis oil bills. The state Senate approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.
Washington
Last Thursday, the Kettle Falls Five became the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite pot being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."
On Wednesday, the Kettle Falls Four trial got underway in Spokane. The trial of an Eastern Washington family accused of violating federal marijuana laws by growing their own medical marijuana legally under state law began today. The family is known as the Kettle Falls Five, but it's now the Kettle Falls Four after charges were dismissed against terminally ill patriarch Larry Harvey. The prosecution of the Harveys runs counter to Obama administration policy and congressional desire, but continues anyway.
West Virginia
On Monday, a medical marijuana bill was filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)back to top
A Birmingham, Alabama, man was shot and killed by a member of the Homewood, Alabama, tactical squad (SWAT team) as the team executed a pre-dawn search warrant on his residence Friday morning. The as yet unidentified man becomes the 8th person to die in US domestic drug law enforcement operations so far this year.
According to The Birmingham News, citing police sources, although the apartment building raided is in Birmingham, it was the Homewood SWAT team that carried out the raid. It is not clear why.A police spokesman said the shooting happened at 6:15 a.m. Officers entered the apartment and a man immediately fired at them with a handgun. Officers returned fire, hitting him. He was pronounced dead at UAB Hospital at 6:54 a.m.
Police did not say whether they had knocked on the door or announced their presence or whether it was a "no knock" raid with immediate forced entry.
A second man in the apartment was detained. There was no mention of any drugs being found.
A commenter responding to harsh remarks on the newspaper's web site claimed to be a child of the man killed by police and also claimed that his father did not shoot at them, but that his brother (presumably the second man in the apartment) did. Here is the entire comment from "Luh Brian":
"My Daddy Is Not In Hell I Know He Is With The Lord Because Even Though He Dealt Drugs He Was Kindhearted He May Not Have Been The Best Father In The World But He Was Made Sure all of his children where always taken care of.... So You Should Not Talk About Him In That Manner. It's Already Hard To Deal With His Death But On Top Of That All You People Act As Though He Was Some Type Of God Damn Super Villain , Saying Such Hurtful Things.....It Just Breaks My Heart To See Y'all Say Such Awful Things About Daddy A Man Which NoNE of you knew . This Story Is Not Accurate My Father Did Not Shoot At Police Although My Older Brother Did.....But That's Something He Taught Us Long Ago 'Protect This House,' And That's All They Did . But I Will File A Lawsuit On Homewood P.D Best Believe That.
"R.I.P Daddy
"6/9/76- 2/20/15"
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A Georgia head narc gets popped for drunk driving, a Detroit cop is in trouble for ripping off "Scarface" memorabilia during a drug raid, a San Francisco sergeant heads to prison for ripping off drug dealers, and a couple of California prison guards go down. Let's get to it:
In Detroit, a Detroit Police Special Operations officer was arrested last Friday on charges he stole a shadow box with a photograph of Al Pacino and memorabilia from the movie "Scarface" during a drug raid. The unnamed officer was part of a Special Operations team assigned to provide security for a team that raided the residence. He has been suspended.In Thomasville, Georgia, the Thomas County narcotics division director was arrested Sunday night for drunk driving. Commander Kevin Lee, a 20-year law enforcement veteran, is charged with DUI and failure to maintain lanes. He has been suspended without pay while the sheriff figures out what to do.
In San Francisco, a former San Francisco police sergeant was sentenced Monday to 41 months in federal prison for his part in a scheme to rip-off property and thousands of dollars from suspected drug dealers. Ian Furminger had been convicted of four charges in the case, which involved a conspiracy with other officers to steal the items.
In Fresno, California, a former state prison guard was sentenced Tuesday to 2 ½ years in prison for smuggling cash, alcohol, cell phones, and drugs into the Taft Correctional Institution. Ramon Cano, 28, was paid for his smuggling efforts, authorities said.
In Lancaster, California, a former state prison guard was sentenced Wednesday to four years in prison on charges he smuggled drugs and other contraband in to prisoners. Andre Pierre Scott had pleaded no contest to the charges. Authorities say he was a member of a Pasadena street gang and smuggled heroin, marijuana, cell phones, and other contraband. He had worked for the corrections department for a decade.
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An anti-crime group has filed a pair of lawsuits challenging Colorado's legal marijuana law, a decrim bill is moving in Hawaii, 2016 initiative plans are getting underway in Michigan, DEA rules on pain pills are causing problems for vets and others, and more. Let's get to it:
Recent DEA rules tightening access to prescription opiates are causing problems for veterans and others.
Revised Alaska Marijuana Bill Removes It From Controlled Substances List; Adds New Misdemeanors. The legislature's effort to regulate legal marijuana has been revised to remove pot from the controlled substances list, according to an updated draft of Senate Bill 30. The bill would also create new crimes for misconduct involving marijuana, including selling it without a license, possessing more than six plants, transporting more than an ounce, providing it to minors, and making hash oil with a volatile or explosive gas. The bill got a hearing in committee yesterday.
California's Attorney General Not Opposed to Legalization. Attorney General Kamala Harris, the state's top law enforcement officer and Democratic front-runner for a 2016 US Senate seat has said she has no moral objection to legalizing marijuana, but worries about impacts on children and public safety. "I don't have any moral opposition to legalization," she said, "but I do feel a very strong sense of responsibility as a top cop to pay attention to the details... to make sure that if it were legalized... that vulnerable people are safe."
Private Group Sues Colorado Over Legalization. Two months ago, Nebraska and Oklahoma filed a lawsuit seeking to overturn the state's legal marijuana law, and now, two more lawsuits are being filed by a private group, Safe Streets Alliance, an anti-crime organization led by a former Reagan administration official. In one suit, two Colorado property owners are suing a handful of marijuana industry participants under federal racketeering laws and state and local officials under the charge that they are violating the constitution's supremacy clause by not enforcing federal law. In the other suit, Safe Streets joined with the Holiday Inn in Frisco to sue a number of marijuana industry participants on racketeering charges. That suit claims that a planned legal marijuana store is causing the hotel to "suffer injuries to its business and property." Pot supporters say the lawsuits are unlikely to go anywhere.
Hawaii Senate Committee Passes Decriminalization Bill. The Senate Health Committee Wednesday approved Senate Bill 596, which would decriminalize up to an ounce, replacing a petty misdemeanor with a civil infraction and a $100 fine.
Two Michigan 2016 Legalization Initiative Efforts Getting Underway. At least two different groups are eyeing a legalization initiative effort next year. East Lansing attorney Jeffrey Hank filed paperwork Tuesday for the Michigan Comprehensive Cannabis Law Reform Committee, while East Lansing-based Mitchell Research and Communications, a marijuana industry advocacy group, filed paperwork last month to create the Michigan Responsibility Council, which says it will soon transform itself into a ballot committee for 2016. Click on the link for more details.
Missouri Bill Would Free Marijuana Lifer Jeff Mirzanskey. Rep. Shamed Dogan this week filed House Bill 978, which would require the release of anyone serving life without parole for marijuana offenses. That means Jeff Mirzanskey, who is 21 years into his life sentence. Efforts have been afoot to persuade Gov. Jay Nixon (D) to commute his sentence, but he has yet to do so.
Medical Marijuana
Activists Target Wasserman Schultz Over Medical Marijuana Stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.
Colorado Bill to Regulate Medical Marijuana Gets Stripped Down. The bill, Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate Wednesday, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crackdown on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.
North Dakota Medical Marijuana Bill Defeated. A bill that would have brought medical marijuana to the Northern Plains was defeated in the House Wednesday on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.
Asset Forfeiture
New Mexico Asset Forfeiture Reform Bill Filed. Rep. Zachary Cook (R-Ruidoso) has introduced a bill that would end civil asset forfeiture in the state. The bill is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance. It does not yet have a bill number and is not yet available on the legislative web site.
Wyoming Legislators Prepare to Try to Override Governor's Veto of Asset Forfeiture Reform Bill. Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture in the state Tuesday, but the bill passed by a veto-proof margin, and now legislators and bill supporters are angling for an override vote. The measure, Senate File 14, passed the Senate 26-3 and the House 54-6.
Undertreatment of Pain
New Federal Opiate Prescription Rules Are Causing Problems for Veterans. Restrictions on prescription opiates adopted last summer by the DEA are causing hardships for veterans, the Washington Post reports in a lengthy piece. And it's not just veterans, but they're being hit particularly hard. Click on the link for much more.
Sentencing
Former Federal Judge Regrets 55-Year Sentence for Pot Dealer. Utah resident Weldon Angelos has already spent more than a decade in federal prison after being convicted of three marijuana sales while he had a pistol in his sock. That pistol led to consecutive mandatory minimum sentences resulting in a whopping 55 years in prison for the aspiring rapper. Now, Paul Cassell, the then federal judge who sentenced him, wishes he had a do over. "I do think about Angelos," he said. "I sometimes drive near the prison where he's held, and I think, 'Gosh he shouldn't be there. Certainly not as long as I had to send him there... That wasn't the right thing to do. The system forced me to do it. I think that most of the time, our federal justice system succeeds," Cassell continued. "But there are some cases where it fails and the Angelos case is a prime example of that. I thought the sentence was utterly unjust to Weldon Angelos, but also unjust to the taxpayer," Cassell pointed out. "I think it's just a waste of resources to lock him up for 55 years, I don't really think anyone believes that's an appropriate sentence."
Utah Ready for Drug Defelonization, Poll Finds. Strong majorities of Utahns favor defelonizing drug possession offenses, according to a new survey from Public Policy Polling. Some 58% support defelonization, while 59% said probation and community-based drug treatment were more appropriate than jail for being caught with small amounts of drugs. The poll comes as a defelonization bill, House Bill 348, is introduced today.
International
UK Liberal Democrat Leader Supports Medical Marijuana. Nick Clegg, head of the Liberal Democrats, the junior partner in a governing coalition with the Conservatives, has said people should be able to use marijuana to alleviate medical problems. "I strongly agree that where there is a proven medicinal use for cannabis for instance we should make that easier for those to have access to it in a straightforward legal way in order to alleviate the symptoms that you clearly have that you know as a user are alleviated by the use of cannabis," he said. "Let's take a more intelligent approach -- where there is a clear medicinal use, make sure you have access to that in a regulated way." This is yet one more way that the Lib Dems and the Tories are at odds on drug policy.
This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
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It's all marijuana news today: Federal legalization bills are filed, battles break out over legalization in Colorado, the Kettle Falls Five is now the Kettle Falls Four, Virginia CBD cannabis oil bills head to the governor's desk, and more. Let's get to it:
Congress action
Federal Marijuana Legalization Bills Introduced. Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon. Click on the link for more details and reaction.
Democratic Congressman Calls on Holder to Reclassify Marijuana. Rep. Steve Cohen (D-TN) this week sent a letter to Attorney General Eric Holder urging him to reclassify marijuana as a drug with medical benefits. "I urge you to in your remaining time in office to take action, under existing federal law, to reclassify marijuana," Cohen wrote.
Marijuana Policy Project Calls for Holiday Inn Boycott Over Colorado Lawsuit. The group is calling for the boycott because one of two new lawsuits filed in an effort to undo Colorado's legalization of marijuana is in behalf of a Holiday Inn in the mountain town of Frisco. The suit claims that a marijuana shop scheduled to open nearby will damage its business. While the boycott targets the Intercontinental Hotels Group (Holiday Inn's parent company), the hotel is actually operated by New Visions Hotel Two. MPP points out that pressuring the corporate chain could help pressure New Visions to drop its lawsuit.
Former DEA Heads All Sign Brief Opposing Colorado's Legal Marijuana Law. All nine former DEA administrators have signed onto an amicus brief filed Thursday in support of the lawsuit brought by Nebraska and Oklahoma to try to kill legalization in the state. Colorado's legal marijuana "gravely menaces… the health, comfort, and prosperity of the people" of Nebraska and Oklahoma, the former administrators claimed.
Medical Marijuana
The Kettle Falls Five is Now the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite marijuana being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."
Virginia Legislature Approves CBD Cannabis Oil Bills. The state Senate Wednesday approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.
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Alaska's Measure 2 legalization begins to kick in tomorrow, the UFCW organizes medical marijuana workers in Minnesota, Chuck Schumer wants more drug war money, India bans the new synthetic drug mephedrone, and more. Let's get to it:
Mephedrone, now banned in India. (wikimedia.org)
First Phase of Alaska Legalization Goes Into Effect Tomorrow. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization goes into effect. Beginning then, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.
Maryland Legalization Bill Gets Hearing Tomorrow. The House Judiciary Committee will hold a hearing in the General Assembly on Tuesday, February 24, to consider a bill that would regulate and tax marijuana similarly to alcohol. Supporters of the bill, including representatives of the Marijuana Policy Coalition of Maryland, are expected to testify. The hearing will take place in Room 101 of the House Office Building at 1:00pm ET. The bill is House Bill 911, sponsored by Rep. Curt Anderson (D-Baltimore).
Medical Marijuana
Minnesota Medical Marijuana Workers Unionize. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.
Missouri Medical Marijuana Bill Gets Hearing Today. Rep. Dave Hinson's (R-St. Clair) House Bill 800, which would allow for medical marijuana for eligible payments, was set to get a House hearing today. Come back tomorrow for results.
West Virginia Medical Marijuana Bill Filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.
Kosher Medical Marijuana Coming to New York? Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.
Law Enforcement
Chuck Schumer Lobbies to Restore HIDTA Funding Cuts. Sen. Charles Schumer (D-NY) said Sunday Congress should reject President Obama's plan to cut funding for the High Intensity Drug Trafficking Area (HIDTA) program. "This is one area where I disagree with the president, and I'm going to fight to reverse his decision," Schumer said. He wants $100 million in drug war funding restored, in part to fight heroin use in his state.
International
UN Official Blames "Corrupt" Chinese Pharmaceutical Industry for Meth Production. Chinese police recently busted 2.4 tons of meth in Guangdong Province, provoking UN Office on Drugs and Crime (UNODC) official Jeremy Douglas to say that "corruption in the pharmaceutical and chemical industries" in China was behind the easy availability of chemicals needed to mass produce the drugs. "To operate a lab like this, you need a lot of chemicals, which are legitimate, regulated chemicals from the pharmaceutical industry," Douglas said. "This group has been able to get their hands on the precursor chemicals necessary to produce the drugs. They've been doing it for a long time, which means they're getting these chemicals on a regular basis. There is some kind of corruption in the chemical/pharmaceutical industry taking place allowing this to happen."
India Bans Mephedrone. India has now classified mephedrone (also known as "Meow-Meow" or "M-Cat") as a psychotropic substance that falls under the Narcotic Drugs and Psychotropic Substances Act of 1985. That means mephedrone will now be treated as a controlled substance like heroin, cocaine, or methamphetamine. Previously, the new synthetic was not regulated in the country.
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It was legalization day today in Alaska, Ohio's Responsible Ohio initiative goes back to the drawing board, a Georgia CBD medical marijuana bill moves, there are a couple of bad bills filed in California, and more. Let's get to it:
Marijuana possession and consumption now legal in Alaska. Smoke 'em if ya got 'em. (wikimedia.org)
Marijuana is Now Legal in Alaska. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization initiative goes into effect. Now, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.
Alaska Governor Files Bill for Marijuana Control Board. Gov. Bill Walker (R) yesterday filed a bill to create a marijuana control board to oversee the state's coming legal marijuana industry. Legalization supporters had sought to have pot regulated outside the Alcoholic Beverage Control Board, and this bill is a step in that direction. The measure is Senate Bill 60.
Ohio AG Rejects Wording on ResponsibleOhio Ballot Summary. Attorney General Mike DeWine (R) says the ballot language "omits that the proposed amendment permits the sharing of specified amounts of marijuana between adults 21 years old and older" and "does not accurately reflect the manner in which proposed taxes would be distributed." That means ResponsibleOhio will have to fix the ballot language and submit another 1,000 signatures to try again.
Medical Marijuana
Georgia CBD Cannabis Oil Bill Wins Committee Vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.
Asset Forfeiture
California Bill Would Allow Civil Forfeiture Before Criminal Complaint is Filed. A bill touted as a measure against transnational crime that would give prosecutors the power to freeze assets before a criminal complaint is filed was introduced Monday. The bill is Assembly Bill 443, and it is being backed by state Attorney General Kamala Harris (D).
Drug Testing
Montana Welfare Drug Testing Bill Passes House. The House last Friday approved House Bill 200, which would require applicants for food stamps to be screened for possible drug use. Authorities will use the screenings to determine which applicants would have to submit to a drug test. Refusal to be screened would result in a denial of benefits. The bill now heads to the state.
Sentencing
California Bill Would Let Prosecutors Charge Possession of "Date Rape" Drugs As a Felony. Just last November, Californians voted to defelonize simple drug possession. Now, a bill has been filed that would allow prosecutors the option of charging possession of Rohypnol, GHB, and ketamine as either felonies or misdemeanors. The bill is Assembly Bill 46, sponsored by Rep. Tom Lackey (R-Antelope Valley), a former Highway Patrol sergeant.
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Marijuana possession and cultivation will be legal in DC in just a few hours, Jamaica gives final approval to decriminalization, marijuana and medical marijuana bills are popping up all over, and more. Let's get to it:
Marijuana PolicyCalifornia Bill Would Increase Penalties for Manufacturing Concentrates. State Sen. Pat Bates (R-Rancho Niguel) filed a bill Monday that would "authorize enhanced sentences for manufacturing cannabis concentrates where a child under the age of 16 is present" or is injured. The measure is Senate Bill 305.
Poll Finds Coloradans Still Like Marijuana Legalization. A new Quinnipiac University Poll released Tuesday finds that 58% of state residents support Amendment 64, which legalized marijuana in the state. Amendment 64 won with 55% of the vote, and support has only increased since then.
DC Marijuana Legalization in Effect Thursday. As of Thursday, it is no longer a crime to possess up to two ounces or grow up to six plants (only three in flowering). The Initiative 71 legalization initiative has gone into effect.
Florida Legalization Bill Filed. State Sen. Dwight Bullard (D-Cutler Bay) has introduced Senate Bill 1176, which would legalize the possession of up to 2.5 ounces and six plants. The bill is identical to one he filed last year that went nowhere, and Bullard says he doubts this won will pass, either.
Maryland House Committee Hears Marijuana Bills. The House of Delegates Judiciary Committee heard testimony Tuesday on five marijuana policy-related bills. Click on the link for details.
Vermont Legalization Bill Filed in House. State Rep. Chris Pearson (P-Burlington) introduced a bill Tuesday that would regulate and tax marijuana like alcohol in Vermont. Nine cosponsors have signed on to House Bill 277, which mirrors Senate Bill 95, introduced last week by Sen. David Zuckerman (P-Chittenden).
Medical Marijuana
Georgia CBD Cannabis Oil Bill Passes House. The House today approved House Bill 1, which allows for the use of low-THC, high-CBD cannabis oil to treat seizures and other major health conditions. The measure now goes to the Senate.
Kansas CBD Cannabis Oil Bill Wins House Committee Vote. For the first time, a measure allowing some form of medical marijuana has won a vote in the state legislature. The House Health and Human Services Committee Monday approved House Bill 2282, which would allow for the use of low-THC, high-CBD cannabis oil for seizure disorders.
Tennessee CBD Cannabis Oil Bill Delayed. The House Criminal Justice Subcommittee is delaying a bill that would legalize low-THC, high-CBD cannabis oil. Lawmakers decided Tuesday to bump any action back by at least two weeks. The bill is House Bill 197.
Kettle Falls Five Trial Gets Underway in Spokane. The trial of an Eastern Washington family accused of violating federal marijuana laws by growing their own medical marijuana legally under state law began today. The family is known as the Kettle Falls Five, but it's now the Kettle Falls Four after charges were dismissed against terminally ill patriarch Larry Harvey. The prosecution of the Harveys runs counter to Obama administration policy and congressional desire, but continues anyway.
Heroin and Opiates
Maryland Governor Declares Heroin a Statewide Crisis. Gov. Larry Hogan (R) Tuesday declared war on heroin, signing two executive orders to confront what he calls a heroin "epidemic." One order establishes the Inter-Agency Heroin and Opioid Coordinating Council to coordinate efforts among state agencies; the other creates the Heroin and Opioid Emergency Task Force, which is supposed to come up with recommendations by December 1.
Asset Forfeiture
Indiana Senate Passes Asset Forfeiture Reporting Bill. The state Senate Tuesday unanimously approved Senate Bill 388, which would create a statewide system of reporting on asset seizures and forfeitures. Sponsors said that could be a first step toward undoing civil asset forfeiture. The measure now goes to the House.
International
Jamaica Decriminalizes Marijuana. Parliament's lower house Tuesday gave final approval to a government-supported bill that will decriminalize the possession of up to two ounces of ganja and allow for the growing of up to five plants. The bill also paves the way for a regulatory authority for medical, scientific, and therapeutic uses and allows Rastafarians to use the drug for religious purposes. Jamaica becomes the first Caribbean nation to decriminalize.
New British Marijuana Party Will Field Candidates. A new pro-marijuana political party has announced it will field up to a hundred candidates in general elections set for later this year. Cista -- Cannabis is Safer than Alcohol -- says it is inspired by legalization in some US states and wants to do the same in England.
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