Drug War Chronicle #939 - August 18, 2016

It's Official: Five States Will Vote on Marijuana Legalization in November [FEATURE]

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

Arizona Secretary of State Michele Reagan last week certified a marijuana legalization initiative for the November ballot, setting the stage for a national election that will see the issue go directly to the voters in five states, including California, the nation's most populous.

Four states have already legalized marijuana at the ballot box, Colorado and Washington in 2012 and Alaska and Oregon in 2014. The District of Columbia also legalized marijuana -- but not commercial sales -- in 2014.

But those states combined only have a population of about 17 million people. Winning California alone would more than double that figure and winning all five states would triple it. If all five states vote for pot, we could wake up on November 9 with nearly a quarter of the nation living under marijuana legalization.

And that could finally lay the groundwork for serious progress on ending federal marijuana prohibition. With national opinion polls now consistently reporting majorities for pot legalization, public sentiment is shifting in favor of such a move, and if voters in these five states actually do legalize it, that sentiment will have been translated into political facts on the ground. Congress may finally begin to listen.

Still, it's not a done deal. Voters have to actually go to the polls and vote. But all five initiative campaigns are well-funded, increasingly with marijuana industry money and are in a position to significantly outspend the organized opposition. They also start from a generally favorable polling position, with leads in most of the states. And they can now point to the examples of the earlier legalization states, where, despite dire prediction, the sky has not fallen, and state treasuries are growing fat with pot fee and tax revenues.

Of the five states that will take up legalization in November, four have initiative campaigns organized under the imprimatur of the Marijuana Policy Project, whose "Regulate Marijuana Like Alcohol" campaign proved so successful in Colorado. California is the one exception, with its initiative written by a group around tech billionaire Sean Parker and heavily influenced by the recommendations of the Blue Ribbon Commission on Marijuana Policy led by Democratic Lt. Gov. Gavin Newsom.

Here are the five states and their initiatives:

1. Arizona -- Proposition 205. Sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol, the initiative would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants "in an enclosed, locked space within their residences." It would also create a state agency, the Department of Marijuana License and Control, to oversee legal, licensed marijuana commerce, but would limit the number of marijuana retail shops to one-tenth the number of liquor store licenses, which would be fewer than 180. The measure would allow localities to regulate or ban pot businesses, and it would impose a 15% excise tax on retail sales, with 80% of revenues earmarked for schools and 20% for substance abuse education. The measure does not allow for public use and does not remove existing penalties for possession of more than an ounce or six plants. That means possession of 28 grams is legal, but possession of 29 grams is a felony. The measure does not provide employment rights for marijuana user and it does not change the state's bizarrely strict drugged driving law, which criminalizes the presence of inactive marijuana metabolites, but does not require actual impairment to be proven.

The campaign has raised $2.2 million so far and may need to spend every cent to win. An April poll had Arizonans rejecting legalization 43%-49% and a July poll had legalization losing 39%-52%. Those numbers are going to be tough to overcome, but with normally rock-ribbed red state Arizona shifting to battleground state status this wacky election year, the state could be a pleasant surprise come Election Day.

2. California -- Proposition 64. The Adult Use of Marijuana Act (AUMA) initiative sponsored by Yes on 64 would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants, keeping the fruits of their harvest. It would also allow the unregulated gifting of up to a quarter-ounce of marijuana. The measure would also allow for licensed on-site marijuana consumption, or "cannabis cafes." It would allow for legal marijuana commerce regulated by a new Bureau of Marijuana Control, which would replace the existing Bureau of Medical Marijuana Regulation, and would impose a 15% retail sales tax and a $9.25 per ounce cultivation tax imposed at the wholesale level. In a nod to the state's existing ma-and-pa pot growing industry, the measure would license "micro-grows" (under 10,000 square feet), but would not allow "mega-grows" (more than ½ acre indoors or 1 acre outdoors) until 2023 at the earliest. Most remaining criminal offenses around marijuana would be reduced from felonies to misdemeanors. Cities and counties could opt out of marijuana commerce, but only by a vote of residents, and they could not ban personal possession or cultivation. The measure provides no employment protections for consumers and does not change existing impaired driving laws.

The campaign has raised $7.1 million so far, including $1.5 million from Sean parker, $1 million from Weedmaps founder Justin Hartfield, and significant contributions from the Marijuana Policy Project and Drug Policy Action, the campaign and lobbying arm of the Drug Policy Alliance. Fundraising is far exceeding the organized opposition, but in a state with a huge population and massive media markets, the campaign will need to double or even triple what it has raised so far.

The polling numbers are looking good, too. A February Probolsky Research poll had support for legalization at 59.9%, while a May Public Policy Institute of California poll echoed that with support at 60%. And the trend is upward -- the same Public Policy Institute of California poll had support at only 54% last year. California should go green on November 8.

3. Maine -- Question 1. Sponsored by the Maine Campaign to Regulate Marijuana Like Alcohol, the measure would allow people 21 and over to possess up to 2 ½ ounces of marijuana, six flowering plants, and 12 immature ones. People could also give up to 2 ½ ounces or six plants to other adults without remuneration. The measure would allow legal marijuana commerce regulated by the Department of Agriculture, Conservation and Forestry, with a 10% retail sales tax. The measure would also allow for on-site consumption, or "cannabis cafes," but would require that all pot purchased at such facilities be consumed there. Localities could regulate or ban commercial marijuana facilities.

Campaign supporters have only raised $692,000 so far, but Maine is a small state with a low population and isn't going to require millions to run a campaign. As in other initiative states, Maine opponents are trailing badly in fundraising, but will probably get some financial assistance from the prohibitionist Smart Approaches to Marijuana, which has vowed to put $2 million into the effort to defeat the five initiatives. Most of that money won't be going to Maine, though.

The polling numbers so far are encouraging, with a March MPRC poll showing 53.8% support and a May Critical Insights poll coming in at 55%. Those numbers aren't high enough for campaigners to rest easy, but they do suggest that victory is well within reach.

4. Massachusetts -- Question 4. The measure sponsored by the Massachusetts Campaign to Regulate Marijuana Like Alcohol would allow people 21 and over to possess up to an ounce of marijuana in public or 10 ounces at home, as well as allowing the cultivation of up to six plants and the possession of the fruits of the harvest. It would allow legal marijuana commerce regulated by a Cannabis Control Commission, and it includes a provision that would allow on-site consumption at licensed facilities, or "cannabis cafes." Localities would have the option of banning legal marijuana commerce enterprises. The measure would impose a 3.75% excise tax in addition to the state's 6.25% sales tax, making an effective tax rate of 10%. Localities could add local taxes of up to 2%, but they certainly couldn't collect them if they didn't allow marijuana businesses to operate. There are no employment protections for pot smokers, and the state's drugged driving laws would remain unchanged.

Funding looks to be lagging in the Bay State, where supporters have only raised $500,000, less than in Maine, which has a significantly smaller population. Organized opposition in the form of the Campaign for a Safe and Healthy Massachusetts may be the strongest of any of the five states this year, with the governor, the mayor of Boston, and other leading public officials on board.

The polling suggests this will be a very tight race. A July 2014 poll had the state evenly split, with 48% supporting legalization and 47% opposed, and polling from last year was showing slight majorities for legalization. But a May poll had only 43% support, with 45.8% opposed, and a July poll had legalization at 41%, with 50% opposed.

5. Nevada -- Question 2. Sponsored by the Campaign to Regulate Marijuana Like Alcohol in Nevada, the measure would legalize the possession of up to one ounce by people 21 and over and would allow people to grow up to six plants -- but only if they live more than 25 miles from a retail marijuana store. The measure also creates a system of licensed marijuana commerce to be overseen by the state Department of Taxation. The measure would impose a 15% tax on wholesale marijuana sales, and retail sales would be subject to already existing sales taxes. The measure contains no provisions for on-site cannabis consumption, does not alter existing impaired driving laws, and does not provide employment rights for pot smokers.

The campaign has raised more than $1 million so far, including $625,000 from people in the marijuana industry. But it also faces significant opposition in the person of conservative money-bags Las Vegas casino magnate Sheldon Adelson, who gave $5 million to the campaign to defeat the 2014 Florida medical marijuana initiative. Adelson hasn't so far kicked in directly to defeat Question 2, but he has bought the state's largest newspaper, the Las Vegas Review-Journal, and flipped its editorial position from supporting legalization to opposing it.

Polling on the initiative campaign is scarce, but encouraging. A KTNV/Rasmussen poll just two weeks ago had the measure winning, 50% to 41%.

And there you have it. Given all the information available, our best estimate is that California is most likely to win, followed by Maine and Nevada. Arizona looks like the toughest nut to crack, followed by Massachusetts. We will know by the time the sun rises on November 9.

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Medical Marijuana Update

The federal courts remind the Justice Department that Congress passed a law barring it from using federal funds to go after state-legal medical marijuana operations, Maryland takes a step toward getting its industry up and running, California balks at a medical marijuana grower tax, and more.

National

On Tuesday, a federal appeals court blocked the Department of Justice from going after medical marijuana in states where it is legal. The 9th US Circuit Court of Appeals ruled that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

California

Last Friday, a medical marijuana tax bill died in committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.

Maryland

On Tuesday, the state named medical marijuana growers and processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

New Mexico

On Wednesday, a patient's mom and a marijuana growers sued over the state's medical marijuana shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

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This Week's Corrupt Cops Stories

A North Carolina detective had a thing for "nudish fetish catfights," a Pennsylvania state trooper had a snitch scoring coke for him, an Oregon crime lab tech had a bad case of sticky fingers, and more. Let's get to it:

In Myrtle Beach, North Carolina, a former Horry County police detective was accused Monday of sexually abusing drug-using women in a civil suit. Three other women have already filed similar suits against Detective Allen Large. In the case of Jane Doe #4, Large is accused of calling a woman and telling her he knew she used drugs, visiting her home and forcing her into a non-consensual sex act, then later providing her with drugs, and continuing "to contact (her) on a daily basis to demand that she engage in nude fetish catfights," the lawsuit said. He gave up on the woman after she entered drug treatment in 2015. The lawsuit doesn't name Large; instead it accuses his supervisors, including the police chief, of knowing what Large was up to and failing to do anything about it.

In Avondale, Pennsylvania, a state trooper was arrested last Friday after he was caught buying cocaine from a confidential informant. Trooper Jose Lebron allegedly gave the informant cash to buy drugs over a period of months and was repeatedly seen snorting cocaine by the informant. Lebron also began paying the informant with cocaine, saying it was too expensive to keep paying with cash. Lebron went down in a controlled buy at a local McDonald's. He is charged with one felony count of criminal use of a communication facility as well as misdemeanor counts of possession of a controlled substance and possession of drug paraphernalia. He is free on $5,000 bail.

In Pendleton, Indiana, a jail guard at the Pendleton Correctional Industrial Facility was arrested last Friday after he got caught trying to smuggle drugs into the prison. Guard Mark Wooten went down after consenting to a search in which officials found 200 suboxone strips. He is charged with one count of trafficking in a controlled substance with an inmate and one count of possession of a controlled substance.

In Portsmouth, Virginia, a former Portsmouth police officer was arrested last Friday on charges he went rogue in trying to bust a drug dealer. Mark Anthony Deluca, Jr. is accused of lying to a judge to obtain a search warrant to raid a home where heroin was found. Deluca gave conflicting accounts of what happened, and the charges were dropped against the homeowner. Now, Deluca faces one count of forgery, one count of uttering a forged public instrument, and three counts of perjury.

In Gadsden, Alabama, a former Etowah County sheriff's deputy was arrested Monday on charges he smuggled drugs into the county jail. Detention Deputy Erick Bullock, 33, went down after his name came up in an internal investigation into contraband at the jail and meth, salvia, suboxone, tobacco, and a cell phone were found in his bag. He is charged with one count of first-degree promoting prison contraband, one count of second-degree promoting prison contraband, two counts of unlawful possession of a controlled substance, one count of salvia possession and one count of third-degree promoting prison contraband. He is now residing at his former workplace until he comes up with a $9,500 bond.

In Portland, Oregon, an Oregon State Crime lab forensic scientist pleaded guilty Monday to stealing as many as 700 pills from more than 50 separate evidence specimens submitted to the labs. Nika Elise Larsen, 36, copped to two counts of obtaining a controlled substance by misrepresentation, fraud, and deception. She admitted stealing meth, morphine, hydrodocone, morphine, and methadone while overseeing cases. She's looking at up to three years in prison, according to her plea bargain agreement. She could have been looking at up to eight years.

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Chronicle AM: Clinton Renews Rescheduling Call, Kerry Gets MX Human Rights Letter, More... (8/12/16)

The DEA's refusal to reschedule marijuana yesterday elicits reactions from Hillary Clinton and DC activists, a California bill to tax medical marijuana farmers dies in committee, Secretary of State Kerry gets a letter from Congress urging him to prioritize human rights when it comes to financing Mexico's drug war, and more.

Marijuana Policy

In Wake of DEA Decision, Hillary Clinton Reiterates Call for Rescheduling Marijuana. Democratic presidential candidate Hillary Clinton will move to reclassify marijuana as a Schedule II substance, her campaign said in a statement after the DEA rejected reclassification Thursday. "As president, Hillary will build on the important steps announced today by rescheduling marijuana from a Schedule I to a Schedule II substance. She will also ensure Colorado, and other states that have enacted marijuana laws, can continue to serve as laboratories of democracy," senior Clinton advisor Maya Harris said.

In Wake of DEA Decision, Emergency Demonstration at the White House Tonight. Washington, DC, DCMJ legalization activists are gathering in front of the White House tonight at 8:20 PM to protest the DEA's refusal to move marijuana from Schedule I, the same schedule as heroin. "Here we are, 43 years and millions of marijuana arrests later, and we being told that cannabis is still as dangerous as heroin. WHAT THE HELL?!?!" organizers wrote on Facebook. "The Obama Administration's DEA thinks Americans should go to jail for a non-toxic plant. WE THINK OTHERWISE!"

Medical Marijuana

California Medical Marijuana Tax Bill Dies in Committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.

International

Canadian Medical Marijuana Patients Will Be Able to Grow Their Own. Health Canada said Thursday that medical marijuana patients will be able to grow limited amounts for themselves or have a caregiver do so. The move comes as the government attempts to comply with a federal court ruling that struck down the previous Conservative government's ban on patients growing their own. Patients would also still have the option of buying from one of 34 producers licensed by the federal government.

Congresspersons Sign Letter to Secretary of State Kerry Urging That US Prioritize Human Rights in Mexico. Some 68 members of Congress have signed onto a letter urging Kerry to make human rights a priority in US relations with Mexico. The letter expresses concern over the "27,000 unresolved cases of people who have disappeared in Mexico since 2007, and the slow pace of reforms in the military, law enforcement and justice sectors," as well as the persistent use of torture in criminal investigations. It calls for US support for the ongoing investigation and search for the 43 disappeared students from the Ayotzinapa rural teachers' college. And it reiterates the need for accountability and justice in the cases of grave abuses committed by Mexican security forces in Oaxaca and Tlatlaya. The letter comes as the State Department is reviewing the Mexican government's compliance with human rights conditions attached to US anti-drug funding.

(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: Thousands March in Berlin, Denver Could See "Cannabis Cafes," More... (8/15/16)

Look for marijuana legalization ads coming to Las Vegas, South Dakota continues to go after marijuana industry consultants, thousands march for pot legalization in Berlin, and more.

Marijuana Policy

Nevada Legalization Campaign Prepares $800,000 Ad Buy. The Campaign to Regulate Marijuana Like Alcohol in Nevada has reserved more than $800,000 worth of advertising time slots with major news stations in Las Vegas, where three-quarters of the state's population is. The campaign supports the Question 2 legalization initiative on the November ballot. The ads will run beginning in early October and go through Election Day.

Northern Marianas Legalization Initiative Won't Be on the Ballot. A bill that would have led to a popular vote on marijuana legalization has died in the Commonwealth of the Northern Marianas Islands (CNMI) legislature. Senator Sixto Igi-somar wanted the legislature of the US territory to move on the bill for a popular referendum, but the legislature was "too busy," he said.

South Dakota Indian Tribe Marijuana Consultant Pleads Guilty to Pot Charge. A consultant who worked with the Flandreau Santee Sioux Tribe to establish a marijuana resort after the federal government said Indian tribes were free to do pleaded guilty Monday to a state marijuana charge for receiving marijuana seeds sent from Amsterdam to start the tribe's crop. The tribe tore down the crop over fears the federal government spoke with forked tongue and over threats from the state government, which followed through by indicting two consultants. Consultant Jonathan Hunt is the one who pleaded guilty and agreed to cooperate; consultant Eric Hagen pleaded not guilty, and his lawyer says there is no evidence he ever possessed "even a gram of marijuana."

Denver Cannabis Club Initiative Campaign Hands in Signatures. The Neighborhood-Supported Cannabis Consumption Committee has turned in more than 10,000 signatures for a municipal initiative that would allow for cannabis clubs where people can consume on-site. They only need 4,726 valid voter signatures to qualify for the November ballot.

International

Thousand March for Marijuana Legalization in Berlin. An estimated 5,000 people took to the streets of the German capitol Saturday to call for freeing the weed. It was the 20^th annual Hanfparade (hemp parade), and in this one, demonstrators marched under the banner "legalization is in the air." Marijuana is illegal in Germany though possession of small amounts is tolerated by police, and a few hundred people have been given allowances to use it for medical purposes.

New Zealand Poll Shows Strong Support for Marijuana Reforms. A poll commissioned by the New Zealand Drug Foundation finds that nearly two-third of Kiwis want marijuana either decriminalized or legalized. One-third (33%) said legalize it, while 31% said decriminalize it. More than half (52%) said there should also be provisions for people to grow the plant themselves.

Cayman Islands Will Move Forward on Allowing CBD Cannabis Oils. Premier Alden McLaughlin said his government will push through laws to allow the importation and dispensing of CBD cannabis oils, but he warned there are no guarantees patients in the island nation will be able to obtain it. "There are still real and serious practical hurdles to obtaining and importing this drug because it remains illegal in many jurisdictions, including nearby Jamaica," he said.

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Chronicle AM: CA Forfeiture Bill Advances, 9th Circuit Blocks DOJ MedMj Meddling, More... (8/16/16)

California is moving to reform its civil asset forfeiture system, a federal court has told the Justice Department it can't spend funds to prosecute state-compliant medical marijuana businesses, and more.

Medical Marijuana

Federal Appeals Court Blocks DOJ From Going After Medical Marijuana in States Where It Is Legal. The 9^th US Circuit Court of Appeals ruled Tuesday that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

Maryland Names Medical Marijuana Growers and Processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

Asset Forfeiture

Bipartisan Asset Forfeiture Reform Bill Passes California Assembly. Civil asset forfeiture reform legislation authored by Senator Holly Mitchell (D-Los Angeles) and David Hadley (R-Torrance) passed the Assembly Floor by a 67-7 vote Tuesday. The bill has already passed the Senate, but must now go back for a concurrence vote. The The bill will require that in all cases where law enforcement seize cash under $40,000, that there be a conviction in the underlying criminal case, before that money flows to law enforcement coffers. The same protection would be afforded homes, land, and vehicles, regardless of value. Under current law, there is not such protection for cases sent into the federal system, and the current threshold for cash in state law is $25,000, established in 1994. The measure is Senate Bill 443.

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Chronicle AM: 64% Support Legalization in CA Poll, NM MedMJ Access Lawsuit, More... (8/17/16)

The marijuana legalization campaigns are starting to heat up, a new California poll has the strongest support yet for pot legalization, and more.

Marijuana Policy

New California Poll Has Support for Legalization at Nearly Two-Thirds. A poll released Wednesday by the Institute of Governmental Studies at UC Berkeley has 63.8% supporting legalizing recreational marijuana use. Somewhat surprisingly, when it comes to ethnicity, support was highest among blacks (71.9%) and Latinos (69.3%). The Prop 64 legalization initiative goes before the voters in November.

Sen. Harry Reid "Dubious" on Nevada Legalization Initiative. Senate Minority Leader Harry Reid (D-NV) is not getting behind the Question 2 legalization initiative. He is "very, very dubious and concerned," he said. "If I had to vote on it now, I wouldn't vote for it," Reid told reporters Tuesday. "That's something we need to look at quite a bit longer. I think it's something that we have to be very careful with. People better start making a case to me. They haven't done it yet."

Barney Frank Supports Massachusetts Legalization Initiative. The former long-time Democratic congressman from Massachusetts is headlining a fundraiser at the Harvard Club for the Question 4 legalization initiative. The fundraiser is August 28. Oregon US Rep. Earl Blumenauer (D) will also be in attendance. Tickets are priced at $250, and the campaign says it needs to raise $3 million in the next 12 weeks.

Medical Marijuana

New Mexico Patient's Mom, Marijuana Producer Sue Over Medical Marijuana Shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.

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