Drug War Chronicle #902 - September 17, 2015

California Legislature Passes Historic Medical Marijuana Regulation Package [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos.

Fresh from working with the office of Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 just hours before the session ended.

If, as expected, Gov. Brown signs the bills into law, the medical marijuana status quo, rife with ambiguities, contradictions, and grey areas, will be transformed into a robust, strictly regulated medical marijuana industry. It won't always be painless, and there will be winners and losers.

The general consensus -- although not universal -- is that patients will benefit from the package of bills. They will gain access to quality-controlled medical marijuana through unambiguously legal means, and even though localities will retain the ability to ban dispensaries, patients will now be able to have their medicine delivered anywhere in the state.

Growers who seek the security of legality also stand to benefit. They will be able to come out from the shadows, pay their fees, get their licenses, and go about their business. But growers using the ambiguity of the state's current lack of regulation as a cover for grey or black market production will probably find their wiggle-room decreased. A similar dynamic will be at play in other sectors of the industry, including some that have operated in the open throughout the years.

"Big Marijuana," that favorite bogey-man of prohibitionists, doesn't fare so well. There are constraints on vertical integration within the industry, and the licensing scheme foreseen is tilted toward small and medium producers.

The bills will once and for all clarify to law enforcement that licensed medical marijuana producers and activities "are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law."

The bills also clarify that medical marijuana can be a profit-making and -taking industry. Some local law enforcement and prosecutors have used making a profit as a basis for charging medical marijuana operators. Now, no more.

Patients and caregivers maintain their Prop 215 rights to possess and grow their own medicine, but collectives will be phased out, and anyone who wants to grow more than a personal amount will need a license. The bills provide for 12 different types of licenses, for "specialty," small, and medium indoor, outdoor, and mixed-light commercial grows; manufacturers, testers, transporters, distributors, and dispensaries.

"This is an important and inevitable step forward. It finally lays the groundwork for a legally regulated medical cannabis distribution and production system in California," said Dale Gieringer, longtime director of California NORML.

"There was a pretty broad coalition of groups that contributed to the process of drafting the bills and who managed to more or less concur on the final thing, despite some reservations," he said in something of an understatement.

Getting the package passed required the juggling of many moving parts, not only in the state legislature and executive branch, but in balancing the interests of groups ranging from state law enforcement and local government associations to the various interest groups within the medical marijuana industry -- patients, growers, dispensary operators, manufacturers, distributors -- as well as groups, such as those concerned with environmental degradation, who see themselves impacted by the medical marijuana industry.

Making sure the proper balance was reached is going to require careful scrutiny and ongoing monitoring of rulemaking and implementation, Gieringer said.

"This is a really complicated piece of legislation, and we're combing through it carefully, looking for possible glitches," he said. "There are some problematic details, but most of the potential glitches are in the future. It's going to take at least a year for this to ramp up, and there's a new agency that has to be up by January, and we're now also going to have all these local governments starting to take a look at this and deciding what they want to do. There are hardly any jurisdictions in the state that recognize commercial cultivation, but there are probably 40,000 people doing that now. How many cities and counties are going to act to recognize and ally themselves with the growers they're already harboring?"

That's something Hezekiah Allen is wondering, too. The son of Mendocino County pot farmers, he's followed in their footsteps, but has now traded farm apparel for suit and tie as chair and executive director of the Emerald Growers Association, and was deeply involved in the sausage-making around the bills. They were overdue, he said.

"Regulation is never an easy thing to transition to, but there has been a decades long crisis due first to prohibition and then to the unregulated nature of this industry, and at the end of the day, we took a monumental and historic step toward bringing some order to this industry and creating stronger communities," he said. "It's a pretty amazing thing."

Not only does the legislation treat marijuana growing as an agricultural issue and address questions of direct relevance to producers, it also seems to support small and medium producers, Allen pointed out.

"We only ever wanted to be farmers -- that's how we should be regulated -- and cultivation is pretty firmly in the agriculture category," he said. "We also really believe in decentralized economies and small, sustainable agriculture moving forward. This legislation outlines specific policy tools to license small and medium producers, but not large ones. That's a real bias toward small and medium producers."

Allen also pronounced himself pleased that the legislation allowed for addressing things like standards for what can be called organic and standards for pesticides.

"There is a mish-mash of state-federal policy challenges, one example being organic standards," he said. "It's really challenging for us to label anything as organic given that the FDA 'owns' the term, but the state already has the Organic Produce Act, which created provisions that gives us authority to develop organic standards, and this legislation takes that another step forward."

It's a similar issue with pesticides, Allen said. There are no guidelines for pesticides with medical marijuana because the federal government hasn't established them, but the legislation encourages state regulators to develop guidelines.

"We called for this," he said.

Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group, was also deeply involved in the work in Sacramento.

"We think the regulatory bills are mostly good," said ASA press secretary Chris Brown. "We've researched licensing and regulation in the past and found it perfectly compatible with patient access. We also think it's very important to have a system in place for medical marijuana before adult use comes in, so it won't be seen as the unregulated part of a broader market."

ASA wasn't happy with everything, though.

"There was a late provision added that sets a maximum 100 square feet of cultivation space per patient," Brown noted. "We didn't know about that and we don't like it."

And there will be ongoing concerns as the regulatory rulemaking process takes shape.

"There are a lot of issues around vertical integration, and there are things we're going to have to monitor closely to see if they create problems moving forward," Brown said. "We will monitor things as they move forward, and we'll be very active in rulemaking and implementation. We have a lot of experience with that in other states, and our activists are great in terms of getting their voices heard."

Some other voices from the medical marijuana community are even less happy. At Harborside Health Center in Oakland, the state's largest dispensary, executive director and cofounder Steve DeAngelo "welcomed" the legislation, but had some "concerns."

"Harborside welcomes the long overdue enactment of statewide medical cannabis regulations -- almost two decades after Proposition 215 called for them," said DeAngelo. "However, we are concerned that time pressures made it impossible for legislators to adequately consider the impact of the new regulations on medical cannabis patients and the organizations that serve them. In addition, some of the language in the bill is unclear or may be in conflict with prior legislation. Harborside looks forward to working with lawmakers next session to address and resolve these outstanding issues."

And Steven Kubby of the American Medical Marijuana Association is threatening to sue over what he calls the "hijacking" of Proposition 215.

"Our medical cannabis rights, protected for nearly 20 years by Prop. 215, have been hijacked and Prop. 215 is under attack like never before. The new law is an unacceptable and illegal infringement on our rights under Prop. 215," said Kubby. "I'm getting calls from frightened patients who fear their own state government is planning on going after cannabis doctors as if they are some sort of dangerous threat that must be carefully supervised. Sick people cannot handle this kind of stress. Thousands of patients will die because of this calculated attempt to thwart the will of the people and deprive them of medical cannabis and the doctors who write recommendations to use the healing herb," he added.

Kubby cited the 100 square foot patient garden limit, provisions that allow localities to ban medical marijuana activitiies, and new restrictions on medical marijuana-recommending doctors.

Clearly, there remains work to be done. Potency and purity standards haven't been set yet, the dual licensing structure with both state and local permits hasn't been settled, and lots of issues remain to be hashed out by state officials charged with writing regulations to implement the bills. And the critics need to be addressed, assuaged, or proven wrong.

But California's billion dollar medical marijuana industry is about to come in from the cold.

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Medical Marijuana Update

California passes historic medical marijuana regulation, Illinois blocks expanding qualifying conditions, Missouri activists gear up for a 2016 initiative, and more.

California

Last Friday, the legislature approved sweeping medical marijuana regulation. After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos. After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243,Assembly Bill 266, and Senate Bill 643. The session ended at midnight Friday. Click on the title link for more, and read our feature article on reactions to the move here.

Illinois

Last Thursday,the governor vetoed medical marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Iowa

On Wednesday, Iowa activists announced they would use their state's primary campaign to pressure candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

Missouri

Last Friday, Missouri activists said they would run a 2016 medical marijuana initiative. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Nevada

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This Week's Corrupt Cops Stories

More jail guards gone wild, an Arkansas cop led a double life, a Pennsylvania state trooper was stealing drugs from motorists, and more. Let's get to it:

In Philadelphia, six Philadelphia jail guards were arrested last Wednesday for allegedly smuggling drugs and cell phones into city jails. City jail officials had asked the feds to investigate after seeing an increase in contraband, and the feds set up a sting. Using inmates as informants, the feds set up meeting with the guards, asking them to pick up drugs and phones from friends in exchange for cash payments of $500 to $1,500. The jail guards were not named.

In Baltimore, a state prison guard was arrested last Thursday on charges he tried to smuggle heroin, Oxycontin, and "synthetic marijuana" into the Maryland Correctional Training Center in Hagerstown. Patrick Merson, 52, faces 11 counts related to trying to smuggle contraband into the prison.

In Dumas, Arkansas, a Dumas police officer was arrested last Thursday on drug conspiracy charges. Officer James Ivory Edgerson, 37, was among six people busted after investigators said they found cocaine and crack cocaine in his car, as well as $16,000 and several guns at his home. He is accused of making several deliveries of marijuana, cocaine, and meth to informants and is looking at up to life in prison. Agents seized 28 ounces of cocaine, an ounce of crack, a pound of pot, five firearms, and $222,000 in cash.

In New Wilmington, Pennsylvania, a Pennsylvania state trooper was arrested last Thursday on charges he stole drugs from people whose cars he pulled over. Trooper Glenn A. Vaughan, 33, went down after the state Bureau of Criminal Investigation received tips that he was pulling over drivers and confiscating their drugs. He is charged with possession of a controlled substance, tampering with evidence, theft, receiving stolen property, obstruction of justice, and misapplication of entrusted property. He is free on his own recognizance and suspended without pay.

In Cleveland, a Warrensville Heights police officer was arrested Tuesday on charges he stole guns, marijuana, and other evidence from the evidence room. Officer Andre Harmon, 54, who worked as an evidence technician, allegedly committed the thefts between 2010 and 2013. He is accused of stealing a handgun, at least two shotguns, and the pot. He is charged with theft in office, tampering with records, and drug possession.

In Chicago, a former Cook County sheriff's officer pleaded guilty last Wednesday to robbing drug dealers and re-selling the drugs. Robert Vaughan, admitted robbing eight drug dealers between 2011 and 2013 in a scheme with two other law enforcement officers. The trio raked in $300,000 from their illicit activities. Vaughan admitted setting up deals with dealers, then arresting them after the transaction, seizing their drugs, then releasing them without charges. He went down in a federal sting and was originally arrested trying to rip off 70 pounds of marijuana from an undercover federal agent.

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Chronicle AM: Pot Polls in MI & SC, CA Diversion Bill Goes to Governor; Ecuador Retrenches, More (9/10/15)

New polls show majority support for legalization in Michigan and overwhelming support for having the feds butt out in South Carolina, efforts to get a medical marijuana regulation bill passed in California are still alive, Ecuador's president wants to toughen sentences for small-time dealers, and more.

Marijuana Policy

Michigan Poll Has Support for Legalization at 56%. A new Public Sector Consulting/Denno Research/Michigan Public radio poll has support for legalization at 56.7%. Support was split between those who wanted only limited commercial production (21.2%), those who wanted to allow home growing (26.7%), and those who wanted to leave it to local governments (7.8%). The poll comes as several ballot initiatives are being developed.

South Carolina Poll Finds Voters Want Feds to Butt Out on Marijuana Policy. A survey commissioned by Marijuana Majority had 65% of respondents agreeing that "states should be able to carry out their own marijuana laws without federal interference, with only 16% agreeing that "the federal government should arrest and prosecute people who are following state marijuana laws."

Medical Marijuana

California Medical Marijuana Regulation Going Down to the Wire. The clock is ticking on the state's legislature, and Wednesday, officials from organized labor, local government, and law enforcement sent a letter to legislative leaders voicing concern about the legislature's inability to get a regulation bill done. "We note, respectfully, that there are no significant policy differences between the two houses of the Legislature on this issue, based on the latest versions of the language that each have produced and made available for distribution," states the letter from the UFCW Western States Council, League of California Cities, and state Teamsters and police chiefs organizations. "The existing differences between the houses on this issue therefore appear to reside elsewhere." One issue appears to be who gets to take credit for passing a regulation bill. More at the link.

New Jersey Appeals Court Rules Smell of Marijuana Is Still Enough for a Warrantless Search. Even though medical marijuana is legal in the state, an appeals court ruled Tuesday that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

Drug Policy

California Legislature Passes Pretrial Diversion Bill to Protect Immigrants. The Assembly Wednesday gave final approval to Assembly Bill 1351, which would prevent deportation and loss of public benefits for minor drug law violations by diverting offenders out of the criminal justice system before adjudication of their cases. The bill now goes to the desk of Gov. Jerry Brown (D).

International

Ecuador to Toughen Penalties for "Microtraffickers." In something of a policy reverse, President Rafael Correa has launched an effort to increase penalties for small-time drug dealers. His proposal would modify the country's drug sentencing scheme, which had effectively decriminalized the possession of up to a gram of heroin or 50 grams of cocaine. Correa introduced the sentencing reforms earlier in his term, but now says they amount to "impunity" for "microtraffickers."

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Chronicle AM: CA on Verge of Regulating MedMJ, Federal No Mandatory Minimums Drug Bill Filed, More (9/11/15)

Nearly 20 years after the passage of Prop 215, California may finally get statewide medical marijuana regulation; the Illinois governor's veto pen has an impact, but also gets blunted; there's a new report on drug policy and human rights in Latin America, and more.

Marijuana Policy

Illinois Decriminalization Bill Dies… For Now. The bill, House Bill 218, passed out of the legislature, only to be the subject of an amendatory veto by Gov. Bruce Rauner (R), in which he made several changes to the text of the bill. Now, the clock has run out on the legislature approving that language, but a new bill is expected to emerge and the state could still pass decriminalization this year.

Medical Marijuana

California Legislators Set to Pass Historic Medical Marijuana Regulation Package. Before day's end, the legislature is expected to approve bills that would finally bring statewide regulation to the thriving industry. The bills, Assembly Bill 266 and Senate Bill 643, are to be amended and passed today and then signed by Gov. Jerry Brown (D). Passage should create a full-fledged, highly regulated system with licensing for all stages of cultivation, production, distribution, and sales.

Illinois Governor Vetoes Medical Marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Heroin and Prescription Opiates

Senators Call for Review of FDA Decision on Oxycontin for Kids. A bipartisan group of senators have asked the Senate Health, Education, Labor, and Pensions Committee to investigate the Food and Drug Administration's August decision to approve the use of the powerful pain reliever in pediatric patients. The senators called the FDA move "a step in the wrong direction" in the face of growing levels of opiate dependency and abuse.

Illinois Legislature Overrides Veto of Heroin Treatment Funding. The state Senate Wednesday voted 44-11 to override Gov. Bruce Rauner's (R) veto of portions of an omnibus heroin bill that would have mandated Medicaid paying for drug treatment for heroin users. The state House had already voted to override, so now the whole range of House Bill 1 will go into effect.

Asset Forfeiture

California Legislature Kills Asset Forfeiture Reform Bill. Under heavy lobbying pressure from law enforcement, the state Assembly Wednesday killed Senate Bill 443, which would have reformed civil asset forfeiture in the state. The bill had enjoyed bipartisan support and nearly unanimous votes prior to the final Assembly vote. But there is still a chance the bill will be reconsidered and passed today, the last day of the session. Stay tuned.

Sentencing

Senator Kelly Ayotte Introduces Bill to Increase Fentanyl Trafficking Sentences. Sen. Ayotte (R-NH) Thursday filed S. 2027 to increase penalties for the synthetic opioid. There are no particulars on the bill available yet.

Rep. Maxine Waters Introduces Bill to End Mandatory Minimums for Drug Offenses. Rep. Waters (D-CA) Thursday filed H.R. 3489, "to eliminate mandatory minimum sentences for all drug offenses." There are no particulars on the bill available yet.

International

New Report Examines Drug Policy and Human Rights in Latin America. The Argentine Center for Legal and Social Studies (CELS) has released a new report, The Impact of Drug Policy on Human Rights: The Experience of the Americas, covering a wide range of issues, from long prison sentences for minor drug offenses to the way harsh drug policies run counter to international human rights standards. The report also highlights how such policies have a disproportionate effect on the poor, minorities, and other vulnerable members of society.

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Chronicle AM: NORML Endorses Ohio MJ Init, Obama Issues Annual Country Trafficking Report, More (12/14/05)

NORML endorses the ResponsibleOhio legalization initiative, California legislators pass medical marijuana regulation, the White House issues its annual report on drug trafficking countries, and more.

Marijuana Policy

Martin O'Malley to Hold Marijuana Legalization "Listening Session" in Denver This Week. The former Maryland governor and Democratic presidential contender will hear from policymakers, experts, business owners, and law enforcement about how Colorado's decision to legalize marijuana has been working and affecting communities across the state. As governor, O'Malley decriminalized marijuana in Maryland and started the state's medical marijuana program. In his presidential campaign, Governor O'Malley calls for re-classifying marijuana as part of his criminal justice platform.

NORML Endorses the ResponsibleOhio Legalization Initiative. The board of the National Organization for the Reform of Marijuana Laws (NORML) has voted to endorse the ResponsibleOhio initiative. While the board expressed concern about "investor-driven initiatives," calling them a "perversion" of the initiative process, it said that ending prohibition outweighed the negatives. Click on the link for the entire statement.

Medical Marijuana

California Legislature Approves Medical Marijuana Regulation. After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos. After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243 Assembly Bill 266, and Senate Bill 643. The session ended at midnight Friday. Click on the title link for more, and look for a feature article later this week on reaction to the move.

Drug Policy

White House Drug Trafficking Nation List Singles Out Bolivia, Burma, Venezuela. The White House released its annual Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries today, and singled out Bolivia, Burma, and Venezuela as failing to comply with US drug war demands. The other countries on the list are: Afghanistan, The Bahamas, Belize, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, and Peru. Click on the link to read the entire determination.

Drug Testing

South Dakota Indian Tribal Chairman in Hot Water Over Mass Drug Testing. In a bid to address drug abuse on the reservation, Sisseton Wahpeton Oyate Tribal Chairman Bruce Renville ordered surprise, mandatory, suspicionless drug testing of hundreds of tribal employees last month. But while some of them came up dirty, Renville is the only one whose job is in danger. Tribal opponents accuse him of trampling individual and constitutional rights with the move, and now the council has suspended him from his position, with a hearing on whether to fire him set for later this week. Click on the link to read a very detailed report.

International

UN High Commissioner for Human Rights Issues Report on Drugs and Human Rights. The Human Rights Council had requested the study, which will be presented to the council at its next session. The study, Impact of the World Drug Problem on Human Rights, examines the impact drug policy decisions on personal and public health, harm reduction, as well as examining the role of criminal justice systems and the use of the death penalty.

Philippines Bans Hemp Products. The Philippine Food and Drug Administration and Philippine DEA have banned the sale of consumer products containing "hempseed oil or their varieties and derivatives from cannabis or marijuana in consumer products." The move is being sold as an effort "to protect the public from the harmful effects of dangerous drugs," even though hemp products normally don't contain more than trace amounts of THC, the main psychoactive substance in marijuana.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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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Chronicle AM: CO Pot Sales Hit Another Record, Bolivia Pres Rejects US Drug Criticism, More (9/15/05)

Another month, another marijuana sales record in Colorado; Toledo votes on ending marijuana possession penalties today; Missouri activists eye a medical marijuana initiative, and more.

Marijuana Policy

Colorado Sets Another Marijuana Sales Record. More than $96 million worth of marijuana was sold in the state's legal marijuana and medical marijuana shops in July, up from the previous record of $85 million in June. Recreational sales were a record $56.4 million, while medical sales were more than $39.8 million. Both figures are records for the legal marijuana era.

Toledo Votes Today on Ending Marijuana Possession Penalties. Voters there will have the chance to approve Issue 1, the "Sensible Marijuana Ordinance" supported by Sensible Toledo. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

Medical Marijuana

Missouri Activists Aim at 2016 Medical Marijuana Initiative Instead of Legalization. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Las Vegas Dispensary Forced to Close Over Shortages After Test Samples Come Up Dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

Law Enforcement

Wisconsin GOP Lawmakers File Search Warrant, SWAT Bills. A pair of Republican state lawmakers, Rep. Dean Knudson and Sen. Duey Stroebel, announced today that they have introduced bills that would require police to develop policies for executing no-knock search warrants and require every police department with a SWAT team to report on each call-out and reason for deployment. The bills aren't yet up on the legislative website.

International

Bolivian President Rejects US Criticism, Calls US Drug Policy "Failed." President Evo Morales rejected the US claim that it had failed to live up to its drug control obligations, saying that the major failure of drug control was the US's war on drugs policy. "I think this [the US designation of Bolivia as not in compliance with anti-drug goals] is a political action by the US State Department. But if we are sincere, the policy of the US is a failure in the fight to control the drug traffic," Morales said. "I could talk of many countries of the world where there is this problem and how it has grown with the presence of the United States. This makes us think that, in truth, they use the struggle against the drug trade for political ends."

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Chronicle AM: CO Pot Tax Holiday, Toledo Decriminalizes, So Does South Palm Beach (Sort Of), More (9/16/15)

Marijuana, marijuana, marijuana. It's almost all pot news today, from Colorado taxes to decrim in Toledo and South Palm Beach, to a new federal bill aimed at ending DEA funding of marijuana eradication, and more.

Marijuana Policy

Congressmen Introduce Bipartisan Bill to Eliminate DEA Marijuana Eradication Program. US Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) today filed a bill that would end the DEA's Domestic Cannabis Eradication/Suppression Program. That program funds state and local law enforcement efforts to find and destroy marijuana grow sites. The bill would bar the use of such funds for that purpose. It's not yet available on the congressional website.

Colorado Becomes First State to See Marijuana Tax Revenues Exceed Alcohol Tax Revenues. In the past fiscal year, the state took in $70 million in marijuana taxes, far above the $42 million it got from taxes on alcohol.

Colorado Pot Tax Holiday Today. Because of a quirk in state law, the state must suspend collecting marijuana taxes today. The state underestimated total state tax collections in 2014, which results in the automatic suspension of "new" taxes, such as those imposed on marijuana under legalization there. Pot shops expect big crowds. The taxes return tomorrow.

Toledo Decriminalization Measure Passes Overwhelmingly. Voters approved the Sensible Toledo decriminalization ordinance by a margin of more than two to one. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

West Palm Beach Approves Ordinance Giving Police Possession Ticket Option.The city council Tuesday night approved an ordinance giving police the option of issuing $100 fines instead of misdemeanor charges against people caught with 20 grams or less of weed. The move is part of a South Florida trend toward de facto decriminalization.

Medical Marijuana

Iowa Activists Use Primary Attention to Pressure Candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

International

In India's Punjab, Half of All Prisoners Are Drug Offenders. Of the 26,000 inmates behind bars in Punjab, 47% have either been convicted or are awaiting trial under the country's Narcotic Drugs and Psychotropic Substances Act. The crush of drug inmates is overwhelming jails in the state, which have an official capacity of 19,000. Many of the drug inmates are considered "addicts," and many of the state prisons have become "de-addiction centers."

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Chronicle AM: Republicans on Drugs, O'Malley on Marijuana, NC Needle Bill Advances, More (9/17/15)

Republican presidential contenders spar over drug policy, Martin O'Malley talks marijuana, Ohio's Supreme Court slaps down biased ballot language for ResponsibleOhio's initiative, pot people will march in Vienna on Saturday, and more.

Marijuana Policy

Martin O'Malley Meets With Colorado Marijuana People, Calls for Reclassification. Former Maryland governor and Democratic presidential contender Martin O'Malley met Thursday with state marijuana regulators, activists, and industry representatives and said he would immediately change federal marijuana policy if elected. He reiterated his pledge to reclassify marijuana as Schedule II, but stopped short of calling for legalization.

Michigan Initiatives in Midst of Signature Gathering. Two competing legalization initiatives are now deep in the signature-gathering phase. The Michigan Cannabis Coalition says it has collected nearly 170,000 signatures, which its petitioners are trying to verify as valid on the spot. Initiatives need some 252,000 valid voter signatures to qualify for the November 2016 ballot. A second initiative campaign, MI Legalize didn't provide precise figures but said it is "on pace" to qualify for the ballot. MCC would let the legislature set taxes for marijuana sales and establish licensing requirements for stores. It would limit personal grows to two plants. MI Legalize would peg the retail pot sales tax at 10%, put licensing in the hands of local communities, and allow up to 12 plants for personal grows.

Ohio Supreme Court Orders New Ballot Language for ResponsibleOhio Initiative. Handing a rebuff to state officials, the high court agreed with ResponsibleOhio that the state's description of the initiative "inaccurately states pertinent information and omits essential information. The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters." Now, the state Ballot Board must submit new, more accurate language. It could meet again as early as Friday. The state did win on one issue, though: Its language referring to the initiative as a "monopoly" will stay.

Drug Policy

GOP Candidates on Drugs At Last Night's Debate. Republican presidential contenders tangled over drug policy, with Sen. Rand Paul describing the damage of the war on drugs, recommending treatment and drug courts, and articulating a states' rights position on marijuana legalization, while Jeb Bush 'fessed up to smoking pot as a teenager, also endorsed treatment and drug courts, and hit back at Paul over heroin use. The anti-legalization Gov. Chris Christie touted his state's drug sentencing reforms, and Carly Fiorina claimed special consideration because her stepdaughter died of a drug overdose. Click on the link for a full review.

Heroin and Prescription Opiates

Massachusetts Bill Would Ban Oxycontin for Children. Responding to the FDA's approval of the use of Oxycontin for pain relief for children, a state representative has filed a bill to prohibit doctors in the state from prescribing the drug to kids. Rep. Diana DiZoglio (D-Methuen) filed House Docket 4154, which has yet to be assigned a bill number.

Harm Reduction

North Carolina Senate Passes Pilot Project/Needle Disposal Bill. The Senate today unanimously passed House Bill 712, which does two things. First, it states that anyone who declares a syringe or sharp object to a law enforcement officer prior to search cannot be charged for possession of the object or for any drug residue inside the object. This bill improves H 850, the needlestick prevention bill passed in 2013, which protected people from the paraphernalia charge, but not from the residue charge. Second, the bill authorizes two to four North Carolina counties to establish pilot programs to collect and safely dispose of used syringes in their communities. The North Carolina Harm Reduction Center will start these pilot programs on December 1, 2015 in Cumberland and Haywood counties. The bill has already passed the House and awaits the governor's signature.

International

Marijuana Activists to March in Vienna This Weekend. Organizers expect up to 10,000 people to march through Vienna on Saturday to protest drug law "reforms" that will still criminalize medical marijuana patients. The march is being led by Legalize! Osterreich, which has begun a parliamentary initiative to legalize marijuana. That initiative has 15,000 signatures so far.

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