They were growing hibiscus plants.
Legal marijuana sales are coming to California on January 1. Here are some of the highlights from newly released regulations to govern the markets.
The reports of the first marijuana overdose death are unscientific hype, Canada's provinces try varying paths toward dealing with legal marijuana, and more.
Michigan could vote to legalize marijuana next November, Wyoming moves to definitively criminalize marijuana edibles and infusions, the US bombs Taliban heroin production facilities in Afghanistan, and more.
A key Republican senator has authored an appropriations bill that would not bar DC from allowing marijuana sales, long-time MPP head Rob Kampia steps down, Denver bans kratom sales, and more.
A Buffalo Township, Pennsylvania, couple has filed a lawsuit against township police and an insurance company in the wake of a misbegotten drug raid that netted only hibiscus plants.
Edward Cramer, 69, and his wife, Audrey Cramer, 66, were quietly enjoying their golden years this fall when they called their insurance company about a neighbor's tree that had fallen on their property. That's when things started going wacky, as
the Pittsburgh Tribune-Review reported.
The insurance company, Nationwide Mutual Insurance, sent its local agent, Jonathan Yeamans, to the Cramer's place, but Yeamans apparently had more than insurance claims on his mind. According to the lawsuit, Yeamans surreptitiously took photos of flowering hibiscus plants in the backyard, then sent them to local police as evidence of an illegal marijuana grow.
The Cramers claim that Yeamans "intentionally photographed the flowering hibiscus plants in such a manner as not to reveal that they had flowers on them so that they would appear to resemble marijuana plants."
Yeaman's photos went to Buffalo Township Officer Jeffrey Sneddon, who claimed to have expertise in identifying marijuana, and who, incorrectly identifying the plants as marijuana, applied for and received a search warrant for the Cramers' property.
And the raid was on! According to the lawsuit, Audrey Cramer was home alone, upstairs and only partially dressed when police arrived around noon on October 7. She went downstairs to open the door, only to be confronted by a dozen or so officers pointing assault rifles at her.
The lead officer, Sgt. Scott Hess, ordered Mrs. Cramer to put her hands up and told her he had a search warrant, but refused to show it to her, the complaint alleges.
Then, "Hess entered the home and went upstairs. Upon returning downstairs, he demanded that (Cramer), a 66-year-old woman, be handcuffed behind her back in a state of partial undress."
Mrs. Cramer asked police if she could put on a pair of pants nearby, but was told "in no uncertain terms," that she could not. She was instead placed under arrest and read her right.
Police then walked her outside the house and left her standing, handcuffed, in her underwear in public for 10 minutes, before police walked her, barefoot, down a gravel driveway to a police car. The suit claims police refused her request to let her put on sandals.
When Mrs. Cramer asked Hess "what on earth is going on," he told her police were searching for marijuana. She explained that the plants in question were hibiscus -- not marijuana -- but Hess, also claiming drug identification expertise, insisted they were indeed pot plants.
She spent the next 4 ½ hours in a "very hot" patrol car, her hands cuffed behind her.
Edward Cramer returned home in the midst of the raid, only to be met by leveled police guns, removed from his car, arrested, and placed in the police car with his wife for the next two hours. According to the lawsuit, Cramer repeatedly asked to show police that the plants were hibiscus, with the flowers clearly in bloom, to no avail.
"Why couldn't the police see what it was?" Al Lindsay, the Cramers' attorney, said in a phone interview with the Pittsburgh Tribune-Review. "Being arrested, for people like this who have no history with crime and no experience with law enforcement, this is an incredibly traumatic experience."
Police released the couple from the patrol car only after an hours-long search failed to turn up any marijuana in the home or the yard. The lawsuit says that Sgt. Hess seized the hibiscus plants even though he admitted he didn't think they were pot plants and labeled them "tall, green, leafy suspected marijuana plants."
While police didn't charge the Cramers with any crimes, the couples' experience was traumatic enough for them to seek medical treatment, and Edward Cramer has been seeing a trauma therapist.
Now, with their lawsuit filed Thursday, the Cramers are seeking justice. The suit, filed in Butler County Court, names Nationwide, Nationwide agent Yeamans, Buffalo Township, and three of its police officers. It alleges police use of excessive force, false arrest, false imprisonment, intentional infliction of emotional distress and invasion of privacy.
Neither Buffalo Township nor Nationwide have been willing to comment on the case.
And to add insult to injury, the Cramers got an October 26 letter from Nationwide informing them that marijuana had been found on their property and if they failed to remove the plants, Nationwide would cancel their insurance policy.
The Cramers are seeking "monetary and compensatory damages," as well as attorneys; fees and court costs.
Just another day in the war on plants.
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When California initiates legal marijuana commerce on January 1, it will be the world's largest legal pot economy. Now, just weeks away, we're finally seeing the rules that are going to govern the transition from black and gray market to a legal, taxed, and regulated market.
(Never mind for now that huge swathes of the state's marijuana industry are going to remain in the black market because their crops are destined for states where pot remains illegal -- this is about the legal market in California.)
"I feel a big sigh of relief. It's a big milestone for us to release these regulations," said Lori Ajax, chief of the state’s Bureau of Cannabis Control. "But there's still a lot of work to be done. No rest for the weary."
State officials unveiled the regulations -- 276 pages of them -- on Thursday. They will govern licensing for state-legal marijuana businesses, as well as a huge range of regulatory issues, from edibles to deliveries to store hours and locations to the size of marijuana farms and more.
Here are the links to the regs themselves:
And here are some of the highlights:
- Sales will begin on January 1, but -- and this is a big but -- only in localities where local officials have created local permitting processes. The state will license businesses only when they have local permits, so cities and counties that have dilly-dallied, like San Francisco (!), are not going to be ready to start sales on day 1. And some localities have decided not to allow marijuana businesses at all, so access to pot shops is going to be patchy.
- Marijuana retailers will be allowed operating hours between 6:00am and 10pm, but will have to be at least 600 feet away from schools and day-care centers. And they will need to have 24-hour video surveillance.
- Free samples only for medical marijuana patients or their caregivers.
- No marijuana sales at strip clubs. Sorry.
- Licensing fees are spelled out, and they range from $800 a year for a marijuana delivery service up to $120,000 a year for businesses doing multiple activities that make more than $4.5 million a year. For growers, license fees will range from as low as $1,200 to as much as $80,000, depending on the size of the grow.
- There are no limitations on the size of marijuana farms. The Agriculture Department had proposed a one-acre cap, but dropped it before issuing its regulations. Also dropped was a cap on how many small farms and nurseries individuals can own. This likely means the emergence of large-scale pot farming operations and increased pressure on the Ma-and-Pa producers who created the state's pot industry in the first place.
- Marijuana delivery services will be allowed, but will be limited to motorized vehicles driven by humans. No bicycles, boats, or drones will be allowed, and neither will self-driving vehicles.
- Edibles will be limited to serving sizes that contain no more than 10 milligrams of THC and no edible can contain more than 10 servings, or a maximum of 100 milligrams of THC. The term "candy" cannot be used in any branding, and product labels that portray cartoons or otherwise target kids will not be allowed. And edibles can't be made in the shape of a human being, animal, insect, or fruit.
- While edibles are allowed, marijuana-infused alcohol, nicotine, caffeine, or seafood (!) is not. No pot lobster for you.
- Advertising is going to be very restricted. The regulations limit advertising to outlets where at least 71.6% (?) of the audience is "reasonably expected to be 21 years of age or older." Good luck with that.
- Marijuana-themed events at public facilities, such as fairgrounds, are allowed, but only with a special license.
- All products must be tested, but the regulations will allow the sale of untested products through July 1 -- if the product is labeled as such or if it is put in child-resistant packaging.
- Prices are going to go up. A bag of good quality bud that currently goes for $35 is likely to cost $50 or $60 when recreational sales and other taxes kick in.
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The reports of the first marijuana overdose death are unscientific hype, Canada's provinces try varying paths toward dealing with legal marijuana, and more.
Canada's provinces are taking varying approaches to looming marijuana legalization.
First Marijuana Overdose Death? Not So Fast. A case report about a Colorado infant who died after being exposed to marijuana generated numerous headlines about "the first marijuana overdose death" this week, but those headlines misstated the findings. "We are absolutely not saying that marijuana killed that child," St. Luke's University Director of Medical Toxicology Thomas Nappe, an author of the report, told the Washington Post. Instead, said Nappe, the doctors in the case noted the presence of marijuana in the child's system and warned the medical community that it may be worth studying whether there is a relationship between the presence of marijuana and the child's cause of death, myocarditis.
Medical Marijuana
Michigan Announces New Fees for Medical Marijuana Businesses. The state Department of Licensing and Regulatory Affairs announced Friday that medical marijuana businesses must pay a $6,000 one-time application fee to the state. That's in addition to any municipal fees, which could run as high as $5,000. The fee announcement comes as the state attempts to overhaul its medical marijuana regulations, with "emergency" regulations set to be issued next month.
International
Alberta Will Allow Marijuana Sales in Private Shops and on Government Web Site. The provincial government filed a bill Thursday to deal with looming pot legalization. The bill would allow marijuana to be sold online on a government web site as well as through privately-operated stores. The bill also sets a minimum age of 18 for marijuana consumption. If passed, the proposals would go into effect on July 1, 2018, when marijuana becomes legal in Canada.
Quebec Bill Would Bar Home Marijuana Cultivation, Set Government Sales Monopoly. The provincial government's draft marijuana legislation, filed Thursday, would see marijuana sold only by a series of province-owned pot shops and a government web site. The measure also bars home cultivation and attempts to crack down on marijuana-impaired driving.
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Michigan could vote to legalize marijuana next November, Wyoming moves to definitively criminalize marijuana edibles and infusions, the US bombs Taliban heroin production facilities in Afghanistan, and more.
The US wages war on the opium poppy in Afghanistan in a bid to blunt Taliban finances. (UNODC)
House Republicans Block Bill to Address Marijuana Banking Issues. House Republicans have blocked an attempt by Rep. Ed Perlmutter (D-CO) to consider a bill that would prevent the federal government from punishing banks that do business with marijuana companies. Republicans in the House Banking Committee shot it down because they said it wasn't relevant to the issue under consideration, stress tests for banks.
Michigan Marijuana Legalization Campaign Turns in 360,000 Signatures to Place Issue on 2018 Ballot. The Coalition to Regulate Marijuana Like Alcohol turned in more than 360,000 signatures Monday today calling for its marijuana legalization initiative to be placed on Michigan's November 2018 ballot. The initiative needs 252,000 valid voter signatures to qualify for the ballot. The campaign says it has already vetted many of its signatures, so it should qualify by a comfortable margin, but stay tuned.
Wyoming Moves to Crack Down on Marijuana Edibles, Infused Liquids. Seeking to address a lacuna in the state's marijuana laws, the legislature's Joint Judiciary Committee voted last Thursday to advance two bills that would specifically criminalize marijuana edibles and products infused with marijuana. State courts have declared themselves unable to prosecute people for possessing edibles or infused products because current law does not specifically address them.
Medical Marijuana
Guam Medical Marijuana Regulations Being Drafted. Hearings have been set for the legislature's Rules Committee early next month in a bid to get medical marijuana regulations in final form before Christmas. A public hearing is set for December 5, with the final draft to be marked up in committee on December 14.
Foreign Policy
US Launches Airstrikes in First Operation Targeting Afghan Opium. The US launched its first counternarcotics military offensive of the Trump era this past weekend with air strikes aimed at "Taliban narcotics production facilities" in restive Helmand province. "We hit the labs where they turn poppy into heroin. We hit their storage facilities where they keep their final product, where they stockpile their money and their command and control. Our estimates indicate that more than $200 million from this illegal economy was going into the pockets of the Taliban," General John Nicholson, commander of US troops and NATO's Resolute Support military mission, said at a Monday news conference in Kabul. Afghanistan accounts for about 90% of global opium production and produced a record crop this year.
International
Peru President Signs Medical Marijuana Bill into Law. President Pedro Kuczynski has signed into law a bill legalizing marijuana and its derivatives, such as CBD cannabis oil, to be used in the treatment of specified diseases, including Parkinson's Disease, cancer, and epilepsy. Peru now joins Argentina, Chile, Colombia and Mexico in having medical marijuana laws, while Uruguay has legalized it for any adults.
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A key Republican senator -- from the south -- has authored an appropriations bill that would not bar DC from allowing marijuana sales, longtime MPP head Rob Kampia steps down, Denver bans kratom sales, and more.
After nearly a quarter of a century, Rob Kampia has stepped down as head of the Marijuana Policy Project. (YouTube)
GOP Senator's Bill Would Let DC Legalize Marijuana Sales. Sen. Thad Cochran (R-MS), chairman of the Senate Appropriations Committee, has authored a District of Columbia appropriations bill that does not contain a budget rider barring the city from spending its own money to set up a system to tax and regulate marijuana sales. Although DC voters approved legalization in 2014, they did not legalize sales because DC law does not allow initiatives to address tax and funding issues. The DC council was expected to enact laws allowing for sales, but has been blocked by congressional riders in DC appropriations bills. But the House has already passed an appropriations bill that contains the rider, so even if the Senate bill passes, it will have to be sorted out in conference committee.
Kampia Out as Marijuana Policy Project Executive Director, Will Take Up Fundraising Role. MPP cofounder and long-time executive director Rob Kampia is leaving that role, but will remain with the organization as director of strategic development. He is being replaced on an interim basis by Matthew Schweich, who joined the group as director of state campaigns in 2015, while the MPP and MPP Foundation boards seek a permanent replacement. "This transition has been considered carefully by Rob and the board. We desired to shift Rob's workload one year ago after his intense work on the Nevada and Arizona campaigns," said Troy Dayton, who sits on the boards of directors for MPP and MPP Foundation. "Shortly after Election Day, Rob quickly shifted gears in December to start the Michigan 2018 legalization campaign. With the Michigan signature drive now complete, it is the right time to shift Rob's focus to new and bigger projects."
New Jersey Legislative Black Caucus Chair Skeptical on Legalization, Will Hold Hearings on "Negative Consequences." State Sen. Ronald Rice (D-Essex), head of the Legislative Black Caucus, announced Monday that he will hold hearings on the negative consequences of marijuana legalization in states that have already legalized it. "We know there are negative factors that we will need to safeguard against, from children's access to marijuana-infused edibles to motor vehicle accidents caused by impaired driving to the effect of marijuana on babies and the impact of legalization on communities of color," he said in a statement. "As chair of the Legislative Black Caucus, I plan to convene hearings at various locations around the state to make sure that we really delve into the details of this issue," Rice said. Incoming Gov. Phil Murphy (D) has said he supports legalization, and a bill to do that is alive in the legislature.
Kratom
Denver Bans Kratom Sales. Denver Environmental Health announced Monday that it has banned the sale of kratom within the city. The move comes days after the Food & Drug Administration issued a public health advisory against consumption of the herb, which works on the body's opioid receptors and has been popular as a pain reliever and for people attempting to wean themselves from opioids. The ban is not complete, however: The herb may still be sold for non-consumptive uses, such as aromatherapy or soap making, as long as it bears a warning label that it is not intended for human consumption.
International
Philippines Supreme Court Hears Case Challenging Drug War. The Supreme Court began hearing oral arguments Monday in a case challenging the Philippines National Police's anti-drug operations that have resulted in the deaths of thousands of drug suspects. Attorneys challenging the campaign accuse the police of violating numerous rights guaranteed under national law, including human and privacy rights. Coming in for close scrutiny was a PNP policy that allowed police to go house to house for searches and to build cases against anyone who refused to allow them warrantless entry. Lawyers also accused PNP polices of expressly authorizes police to kill drug suspects. Oral arguments will continue next week.
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