Breaking News:Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies [REPORT]

Budgets/Taxes/Economics

RSS Feed for this category

Chronicle AM: Trump Drug Budget, NH Marijuana Bill Hearing, OR Opioid Emergency, More... (2/13/18)

The proposed FY 2019 Trump budget features more drug war and cutting the drug czar's office, a legal marijuana bill gets a hearing in New Hampshire, Oregon's governor declares a public health emergency over opioids, and more.

The president's proposed budget has billions for more drug war. (Creative Commons)
Marijuana Policy

Georgia Bills to Reduce Penalties Filed. A pair of bills filed in the legislature seek to reduce the criminalization of marijuana users. House Bill 865 would make possession of up to two ounces a misdemeanor. Under current law, possession of more than one ounce is a felony. Senate Bill 105 would decriminalize the possession of up to a half ounce. Legalization bills were filed earlier in the session, but they are not expected to go anywhere.

New Hampshire Legalization Bill Gets Hearing Today. The House Ways and Means Committee is holding a hearing on a limited legalization bill today. House Bill 656 would legalize the possession of up to a quarter ounce of weed and grow up to six plants, but would not set up a system of legal marijuana commerce.

Virginia Senate Approves Arrest Expungement Bill. The Senate voted 38-2 on Monday to approve Senate Bill 954, sponsored by Sen. Tommy Noment (R-James City). The bill would allow people charged with first-time possession to later pay $150 to have the charge expunged. The measure must now be approved by the House.

Medical Marijuana

Iowa Poll Has Overwhelming Support for Medical Marijuana. A new Selzer & Company poll has 78% in favor of medical marijuana, with 19% opposed, figures that are roughly unchanged over the past couple of years. What has changed is support for recreational marijuana, now at 39%, up from 28% four years ago.

New Mexico Lawmakers Eye Marijuana in Fight Against Opioids. Lawmakers and supporters gathered at the state capitol in Santa Fe Monday to urge state officials to add opioid addiction to the list of disorders qualifying for medical marijuana. And advisory panel has twice considered petitions seeking to add medical marijuana as a tool against opioid abuse, the most recent last November, but the state Health Department has yet to act.

Heroin and Prescription Opioids

Oregon Governor Declares Addiction a Public Health Crisis. Gov. Kathleen Brown (D) on Tuesday released an executive order declaring opioid addiction to be a public health crisis in the state. She said she would soon set a deadline for the state Alcohol and Drugs Policy Commission to come up with a plan to fight the problem.

Drug Policy

Trump Budget Doubles Down on Drug War. The Trump administration's proposed Fiscal Year 2019 budget is heavy on drug war spending, with an additional $400 million for the DEA, $334 million in the law enforcement-oriented Byrne Justice Assistance Grant program, $50 million for the once-discarded anti-drug media campaign, $43 million for drug courts, and a cut of $20 million in offender reentry programs. The budget includes $18 billion over two years for the Mexico border wall, which Trump justifies on both drugs and immigration grounds, which is more than the $13 billion the administration says it is allocating to fight opioid abuse.

Trump Budget Would Gut Drug Czar's Office. The Trump FY 2019 budget would also dramatically slash funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), primarily by moving two grant programs elsewhere. Under the proposal, the Drug Free Communities Support Program and the High Intensity Drug Trafficking Areas program would be moved into the Health and Human Services Department and Justice Department, respectively. The move is opposed by some lawmakers and a coalition of more than 150 advocacy organizations, but more radical critics on both the left and the right would like to see the agency go away altogether.

Sentencing

New Jersey Governor Revives Sentencing Commission. Gov. Phil Murphy (D) is reviving the Criminal Sentencing and Disposition Commission, which was created by the legislature in 2009 to examine racial disparities in sentencing, but remained dormant under former Gov. Chris Christie (R). Christie never appointed any members to the commission. "We can and must do better," Murphy said in a statement. "A Criminal Sentencing and Disposition Commission can undertake the important review of our sentencing laws and recommend reforms necessary to ensure a stronger, fairer, and more just state." Murphy has already appointed two people to the commission's 13-member board, which must issue a report within a year of its first meeting.

Eight Things That Do (or Don't) Happen When We Legalize Marijuana [FEATURE]

The great social experiment that is marijuana legalization is now five years old, with six states already allowing legal marijuana sales, two more where legal sales will begin within months, and yet another that, along with the District of Columbia, has legalized personal possession and cultivation of the herb.

As a number of state legislatures -- including Connecticut, Delaware, New Hampshire, New Jersey, New Mexico, and New York -- seriously contemplate joining the parade this year, it's more important than ever to be able to assess just what impact marijuana legalization has had on those states that have led the way.

The prophets of doom warned of all manner of social ills that would arise if marijuana were legalized. From hordes of dope-addled youths aimlessly wandering the streets to red-eyed carnage on the highway, the divinations were dire.

So far at least, they were wrong. And while things will doubtless continue to evolve over the long term, as the industry matures, prices possibly drop, regulations change, and familiarity with legal marijuana grows, so far things are looking pretty encouraging. A report released Tuesday by the Drug Policy Alliance, From Prohibition to Progress, takes a long look at what has happened in the states have legalized it:

1. Marijuana arrests plummeted.

Well, of course. If there's one thing you could predict about legalizing marijuana, this is it. The decline in the number of pot arrests is dramatic: 98% in Washington, 96% in Oregon, 93% in Alaska, 81% in Colorado, 76% in DC. That means tens of thousands of people not being cuffed, hauled away, and branded with lifelong criminal records, with all the consequences those bring.

The savings in human dignity, liberty and potential are inestimable, but the savings to state criminal justice and correctional systems are not: The report puts them at hundreds of millions of dollars.

2. …But the racial disparities in marijuana arrests have not ended.

While marijuana legalization dramatically reduces the number of people arrested for marijuana offenses, it clearly does not end racially disparate policing. The vast disparities in marijuana arrests remain, even in legal states. Black and Latino people remain far more likely to be arrested for marijuana offenses than white people, despite similar rates of use and sales across racial groups. There is work to be done here.

3. A tide of teenage weed heads is not unleashed upon the nation.

High school kids in the earliest legalization states smoke pot at rates similar to kids in states that haven't legalized it, and those rates have remained stable. In the later legalization states, rates of teen use vary widely, but have mostly stabilized or declined in the years leading up to legalization. And in those latest states -- Maine, Massachusetts, Nevada, California -- regulatory programs are either not yet in place or so new they're unlikely to have effected youth use rates.

4. The highways remain safe.

In the earliest legalization states, Colorado and Washington, the total number of arrests for driving under the influence of alcohol and other drugs is down, and the crash rates in both states are statistically similar to states that haven't legalized it. In fact, there seems to be no correlation between legalization and crash rates.

5. States with legal marijuana have lower rates of opioid-related harms.

In Colorado, an upward trend in overdoses began to decline after 2014, the first year of retail pot sales in the state. Other positive indicia come from medical marijuana states, which report a nearly 25% drop in overdose death rates, a 23% reduction in opioid addiction-related hospitalizations and a 15% reduction in opioid treatment admissions.

6. Marijuana tax revenues are big -- and bigger than predicted.

Legalization states have collected more than a billion dollars in pot tax revenues -- and that's not counting the monster market in California, where recreational sales just began this month. Likewise, slow rollouts of taxed and regulated marijuana commerce in Maine and Massachusetts, mean no tax dollars have yet been generated there. In the states that do have legal pot sales, overall sales and tax revenues quickly exceeded initial estimates.

7. Marijuana tax dollars are going for good things.

Like $230 million to the Colorado Department of Education in two years to fund school construction, early literacy, school health, and bullying prevention programs. Likewise, schools in Oregon get 40% of the pot taxes and schools in Nevada will get $56 million in wholesale pot tax revenues. Oregon also allocates 20% of pot taxes for alcohol and drug treatment, while Washington kicks in 25%. In Washington state, 55% of pot tax revenues fund basic health plans.

8. Legal marijuana is a job creation engine.

The legal marijuana industry has already created an estimated 200,000 full- and part-time jobs, and that's before California, Maine, and Massachusetts come online. As marijuana moves from the black market to legal markets, weed looks like a growth industry and job generator for years to come.

"Marijuana criminalization has been a massive waste of money and has unequally harmed black and Latino communities," said Jolene Forrman, staff attorney at the Drug Policy Alliance and author of the report. "This report shows that marijuana legalization is working. States are effectively protecting public health and safety through comprehensive regulations. Now more states should build on the successes of marijuana legalization and advance policies to repair the racially disparate harms of the war on drugs."

In addition to reforming police practices to reduce racial disparities, the report also says there is more work to be done on fostering equity within the marijuana industry and points to models for doing so, such as the California provision that having a prior drug conviction can't be the sole basis for denying a marijuana license.

Having places where people can actually smoke legal marijuana also remains an issue, the report noted. Public consumption is not allowed in any of the legal states. It's a ticketable offense in some and a misdemeanor in others. Public use violations are also disproportionately enforced against people of color, and the imposition of fines could lead to jail time for poor people unable to pay for the crime of using a legal substance.

And what about the kids? The report notes that while legalization has generally resulted in reducing historically high numbers of young people being stopped and arrested for pot offenses, these reductions are inconsistent, and in some circumstances, young people now comprise a growing percentage of marijuana arrests. A model could be California, where kids under 18 can only be charged with civil infractions.

Legalizing marijuana may be necessary for achieving social justice goals, but it's not sufficient for achieving them. As this report makes clear, how we legalize marijuana matters, and that's still a work in progress. But so far, it's looking pretty good.

Federal Marijuana Justice Act Filed in House [FEATURE]

Attorney General Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to generally leave law-abiding marijuana operations alone in states where it is legal has paradoxically had the effect of energizing the movement to legalize marijuana at the federal level. The latest evidence of the reaction came Wednesday, as Congresswoman Barbara Lee (D-CA) and Congressman Ro Khanna (D-CA) filed a legalization bill in the House.

Oakland's Democratic Rep. Barbara Lee (Wikimedia)
And it's not just any legalization bill. Their Marijuana Justice Act would help correct decades of injustice surrounding the discriminatory enforcement of marijuana criminalization laws in the United States.

"We intend to end this destructive war on drugs, and this legislation will do that," said Lee at press conference rolling out the bill. "It's a roadmap for ending the drug war, but it also begins to address mass incarceration and disinvestment in communities of color. It is an essential step to correcting the injustices of the failed war on drugs, namely racial disparities in arrests and incarceration."

In addition to ending federal marijuana prohibition by removing the drug from the DEA's list of controlled substances, the bill would allow anyone currently serving a sentence for drug possession to appeal for judicial review of his or her sentence. It would also use federal spending to incentivize states to reform their marijuana laws "if those laws were shown to have a disproportionate effect on low-income people and/or people of color."

That last provision is especially striking given that nearly every state disproportionately arrests and imprisons blacks for marijuana. With this language, the federal government could become an engine for state-level marijuana legalization instead of an impediment to it.

"This would force states with records of racial bias in arrests and sentencing to clean up their acts by cutting funds to the worst offenders," said Lee.

But even that would only begin to repair the damage done by the drug war, the Oakland congresswoman explained.

"It's not enough to just expunge records and end over-incarceration," Lee said. "Restorative justice is extremely important, and these victims of our failed policies deserve our support during the reentry process, too."

Rep. Ro Khanna (D-CA)
For bill cosponsor Rep. Ro Khanna (D-CA), it's the economics, but not just in the traditional sense of increased economic activity and tax revenues. While he pointed to the potential economic gains of legalization, he also highlighted the opportunity costs of pot prohibition and underlined provisions in the bill that would spend federal funds to invest in communities ravaged by the drug war.

"The estimates are that legalization would lead to a $40 billion a year industry, with a million jobs and $7 billion tax revenues, which would more than offset the $500 million in the bill to help invest in communities of color. It's a net gain for government and for job creation," Khanna noted.

"But the economic impact is so much broader," he pointed out. "How many people of color got arrested at 19, 20, or 25? That represents hundreds of millions of dollars in lost economic potential. With this bill, we're not just talking about legalization, but about giving people a second chance.

The Marijuana Justice Act is the House version of the bill introduced in the Senate earlier this year by Sen. Cory Booker (D-NJ), Senate Bill 1689. Booker was at Wednesday's press conference for the House version.

"There is a rush of enthusiasm for legalization," he said, "but it seems like hypocrisy and injustice if you legalize it but don't ty to undo the damage of the war on drugs. You can't get a Pell grant or a business or professional license for doing something three out of our last four presidents have admitted doing. The war on drugs is one of the greatest assaults on people of color since Jim Crow, and that's why this is a very happy day for me. We're trying to make this nation live up to is promise of liberty and justice, not just for the privileged few, but for all.

Sen.Cory Booker (D-NJ) filed the Senate version of the bill last August.
"I think we are seeing momentum growing," Booker continued. "People who were skeptics are being converted. A lot of people are aware of how unjust this has been, and now there is more confidence from seeing early state like Colorado be so successful."

Indeed. One of the most politically striking moments since the Sessions announcement was Colorado Republican Sen. Cory Gardner -- not a supporter of legalization -- taking to the Senate floor to excoriate Sessions over the move and vow to block Justice Department nominees until Sessions reverses himself.

"More than 30 states have passed marijuana reforms," said Lee. "The grassroots and democracy is working. You will see members of the House and Senate move forward because the public supports this. It can't be stopped."

"We are at a tipping point, with nearly two-thirds supporting marijuana legalization and an overwhelming 91% supporting medical marijuana, said Queen Adesuyi of the Drug Policy Alliance, which has been working closely with Booker and Lee on the bills. "Eight states have already legalized it, with Vermont and New Hampshire on the cusp. Yet, Attorney General Sessions continues to threaten the states. It's time to legalize marijuana, protect patients, and end federal marijuana prohibition."

While momentum is building, the bills both face an uphill battle in their respective chambers. The Booker bill, introduced last August, still has only one cosponsor, Oregon Democrat Sen. Ron Wyden, and there is no indication it will get even a committee hearing this session. Lee and Khanna's House version of the bill already had a dozen cosponsors on day one, but again, it is unlikely to get a hearing under the House Republican leadership.

But the legalization bills could fare better next year if the Democrats manage to take back the House and/or the Senate. And Jeff Sessions' war on weed could help them to do just that.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, 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.)

Chronicle AM: Major Iran Drug Death Penalty Reform, NJ Marijuana Legalization Bill Filed, More... (1/11/18)

Iran moves to put the brakes on drug executions, another national poll has strong support for marijuana legalization, a legalization bill gets filed in New Jersey, a medical marijuana bill gets filed in Kentucky, and more.

Iran drug executions. We will see many fewer after the Islamic Republic approved reforms. (Hands Off Cain)
Marijuana Policy

Quinnipiac Poll Has Strong Majority for Legalization, Opposition to Sessions Move. A Quinnipiac poll released Thursday had support for marijuana legalization at 58% nationwide, roughly in line with recent polls from the Pew Trust (61%) and Gallup (64%). The only demographic groups not embracing legalization were Republicans (33%) and people over 65 (41%). Hispanics were evenly divided with 48% opposed and 48% in favor. But every group said they opposed the push to enforce federal marijuana laws in states where it is legal, with 70% opposing such a move. Marijuana "is here to stay, either for fun or to provide medical comfort," said pollster Tim Malloy in a statement. "And the message to Attorney General Jeff Sessions: Hands off."

Study: Legal Marijuana Could Create a Million Jobs, More Than $100 Billion in Federal Taxes. A study from New Frontier Data, an analytics firm focused on the marijuana industry, estimates that if marijuana were legal nationwide, it would generate federal tax revenues of nearly $132 billion over the next eight years. The study also calculated that nationwide legalization would create nearly 800,000 jobs, with that number rising to more than 1.1. million by 2025.

Sessions, Gardner Meet Over DOJ's War on Weed: No Progress. Sen. Cory Gardner (R-CO) met Wednesday with Attorney General Jeff Sessions regarding their conflict over marijuana policy, but Gardner reported no progress. "Nobody changed their mind in today's meeting," he said. Gardner, who represents a legal marijuana state, has vowed to block Justice Department nominees until Sessions backs away from his order last week rescinding Obama-era guidance to federal prosecutors that law-abiding pot operations in legal marijuana states should be largely left alone.

New Jersey Legalization Bill Filed. State Sen. Nick Scutari (D-Middlesex) filed a marijuana legalization bill on Tuesday. The bill would allow for the possession of up to an ounce of weed, 16 ounces of infused pot products, and 72 ounces of liquid infused products, but would not allow for home cultivation. It would also allow for the licensing of commercial grows and pot shops within a year of the bill's passage. Incoming Gov. Phil Murphy (D) has said he supports legalization. The bill is not yet available on the legislative web site.

Norfolk, Virginia, Calls for Marijuana Decriminalization. The city council in Virginia's second largest city passed a resolution Tuesday calling on state lawmakers to decriminalize pot possession. The resolution also called on the legislature to expand the list of medical conditions for which doctors can recommend the use of CBD cannabis oil Incoming Gov.-elect Ralph Northam (D) made decriminalization a centerpiece of his compaign, often describing the issue in racial justice terms.

Medical Marijuana

Kentucky Medical Marijuana Bill Filed. Secretary of State Allison Grimes announced Tuesday that a bill to legalize medical marijuana in the state, House Bill 166, has been filed. The bill would allow people suffering from a qualifying list of conditions to use medical marijuana. It would also allow patients to grow up to 12 plants in a locked and closed facility.

North Dakota Sets Medical Marijuana Dispensary Regions. The state Department of Health has established eight regions for where dispensaries can be located. State law allows for up to eight dispensaries, with more to be added if necessary. As of now, the eight regions include the state's largest cities and a 50-mile radius around them. The state is no yet taking applications for dispensaries or grow operations.

Heroin and Prescription Opioids

Pennsylvania Governor Declares Opioid Epidemic a Statewide Disaster. Gov. Tom Wolf (D) signed a statewide disaster declaration Tuesday regarding the state's opioid and heroin crisis. "While we have made progress in combating the heroin and opioid abuse crisis and drastically expanded Pennsylvania's response, we are still losing far too many Pennsylvanians," Wolf said in a statement. "I am taking this step to protect Pennsylvanians from this looming public health crisis, and I am using every tool at my disposal to get those suffering from substance use disorders into treatment, save more lives, and improve response coordination." The disaster declaration includes 13 initial initiatives in three broad areas: enhancing coordination and data collection to bolster state and local response, improving tools for families and first responders to save lives, and speeding up and expanding access to treatment.

International

Iran Reforms Death Penalty for Drug Offenses; Could Spare 5,000 Death Row Prisoners. The head of the Iranian judiciary on Tuesday made it official: Iran has reformed its death penalty statutes and will radically reduce the number of people facing execution for drug offenses. It does so by raising the weight threshold for a death sentence. Under the earlier law, possession of 5 kilograms of opium of 30 grams of heroin merited the death sentence; under the new law, it will take 50 kilos of opium or 2 kilos of heroin. The new thresholds are to be applied retroactively, potentially saving the lives of thousands on death row.

Paraguay Legalizes Medical Marijuana. Paraguayan President Horacio Cartes signed into law a medical marijuana bill on Wednesday. The measure legalizes the medicinal use of marijuana and cannabis oils, allows for local production of medical marijuana, and allows for the import of cannabis oil. Paraguay now joins Mexico and the South American countries of Argentina, Chile, Columbia, and Peru in allowing medical marijuana. Uruguay has legalized marijuana for all uses.

The Good, the Bad, and the Ugly: The Top Ten US Drug Policy Stories of 2017 [FEATURE]

It was the best of times; it was the worst of times. Tens of thousands die of drug overdoses, hundreds of thousands get arrested for drugs, yet marijuana is seeing boom times. As we bid adieu to 2017, here are the year's drug policy highlights:

Drug overdoses killed record numbers of Americans in 2017. (Wikimedia)
1.The Opioid Crisis Deepens, With Overdose Deaths at an All-Time High

The country's opioid crisis showed no signs of abating in 2017, with the Centers for Disease Control estimating 66,000 overdose deaths this year, up from 63,000 in 2016. To be clear, only about two-thirds of fatal drug overdoses are linked to heroin and prescription opioids, but opioid overdoses surged in 2016 by 28%. It's too early for final data on 2017 overdoses, but there is little reason to doubt that opioids were driving the increase this year. The high levels of overdose deaths have led to a fall in US life expectancy for the past two years, only the third time that has happened in the past century. Policy efforts to curtail the problem have sometimes included regressive moves to up drug sentences, and have generally given only limited consideration to the needs many patients have to access these substances. But public health measures like naloxone distribution and "Good Samaritan" non-prosecution policies have also advanced.

2. Fentanyl is Killing More and More People

The powerful synthetic opioid fentanyl and its analogs are implicated in an increasingly large number of opioid overdose deaths. While deaths involving prescription opioids are decreasing, fentanyl-related deaths have increased by an average of 88% a year since 2013. Illicitly imported fentanyl from labs in China or Mexico is mixed with heroin with lethal results: Half of the increase in heroin-related overdose deaths is attributable to heroin cut with fentanyl, the CDC reported in September. There were nearly 20,000 deaths attributable to fentanyl and other illicit opioids in 2016; the 2017 numbers are likely to be even worse.

3. Key Federal Drug Policy Positions Remain Unfilled, and Kellyanne is In Charge

The Trump administration has not nominated anyone to head the DEA, and the agency is currently being led by Acting Administrator Robert Patterson after Chuck Rosenberg, the acting administrator when Trump took office, resigned in September, saying he didn't want to work with the administration any longer. Similarly, the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) is without a permanent head after Trump's nominee, Pennsylvania GOP Rep. Tom Marino went down in flames in October in the wake of reports he steered a bill through Congress that impeded the DEA from going after pharmaceutical drug distributors. Neither the White House nor anyone else seems very interested in filling the position, in part, perhaps, because earlier in the year, Trump floated the notion of cutting ONDCP's budget by nearly 95%. But not to worry: Trump pollster, counselor, and apologist Kellyanne Conway is now leading the administration's fight against opioids -- even though she has no public health experience whatsoever.

So far, Attorney General Sessions' bark is worse than his bite when it comes to marijuana policy. (senate.gov)
4. Attorney General Sessions Revives the Federal War on Drugs…

Under President Obama, Attorney General Eric Holder presided over a ratcheting down of harsh federal drug prosecutions and sentences, but current Attorney General Jeff Sessions is doing his best to undo those reforms. In May, Sessions announced that he had directed federal prosecutors to seek the most severe penalties possible in drug cases, including mandatory minimum sentences.

5. …But Fails to Implement a War on Weed, So Far

For all the wailing, gnashing of teeth, and dire predictions of a Sessions war on weed, it hasn't happened yet. The attorney general has made no secret of his dislike for the demon weed, but that has yet to translate into any firm policy positions or federal crackdowns on marijuana in states where it is legal, for either medical or recreational use. Congressional action continues to bar the use of Justice Department funds to go after medical marijuana, although the future of that law after January 22nd remains in doubt. But there was no bar on going after state-legal recreational marijuana, yet it didn't happen. Sessions told the House Judiciary Committee in November that the Obama-era Cole memo remains in effect. That memo directs prosecutors to pretty much leave state-legal marijuana alone except for specified concerns, such as the involvement of youth, violence, or diversion. Later in November, Sessions said the Justice Department was still examining the Cole memo, so all is not safe, but today legal marijuana is still standing.

6. Legal Marijuana's $10 Billion Dollar Year

In December, marijuana market watchers Arcview Market Research estimated that retail marijuana sales would hit $10 billion in 2017, up 33% over 2016. But that's just the beginning, Arcview said. With huge recreational markets such as California (pop. 39 million) and Canada (pop. 36 million) coming online next year, the group expects North American sales to top $24.5 billion by 2021. It's hard even for a pot-hating attorney general to get in front of that economic juggernaut.

7. Pot is More Popular than Ever

Just ask Gallup. The venerable polling firm has been tracking support for marijuana legalization since 1969, when it was at just 12%. In its latest poll, from October, Gallup now has support for marijuana legalization at 64%. What is really impressive is the rapid increase in support in the past 20 years: In 1996, support was at 25%; by 2012, it had doubled to 50%; and it's gained another 14 points in the five years since. Other pollsters are reporting similar current levels of support for marijuana legalization. And this could be another reason the attorney general hesitates to crack down on weed.

8. No State Legalized Weed, But 2018 Should Be Different

After 2016 saw marijuana legalization initiatives win in California, Maine, Massachusetts, and Nevada -- losing only in Arizona, closely -- anticipation was high that 2017 would see more states come aboard. It didn't happen. There are two explanations for this: First, it was an off-off election year and no initiatives were on the ballot, and second, it's hard to move controversial legislation though the state house. Still, the Vermont legislature actually passed a legalization bill, only to see it vetoed by a Republican governor, and that governor now says he is ready to sign a legalization bill. That could happen as early as next month. Likewise, a number of other states saw legalization bills make serious progress, and we could see those efforts come to fruition in places like Connecticut, Delaware, New Jersey, and Rhode Island. And 2018 will most likely see at least one legalization initiative. Activists in Michigan have already handed in signatures and should have enough of a cushion to qualify for the ballot.

9. Safe Injection Sites in the US Draw Ever Nearer

The harm reduction intervention has been proven to save lives, increase public health and public safety, and get hardcore drug users in touch with medical and social service help, and the message is finally on the verge of getting though in the US. At least two major West Coast cities, San Francisco and Seattle, are advancing plans to open such facilities -- although not without staunch opposition -- and, under the progressive leadership of young Mayor Svante Myrick, Ithaca, New York, is making similar plans.

10. The War on Drugs Rolls On

Despite the legalization of medical and/or recreational marijuana in various states, despite various sentencing reforms at the state and federal level, despite the growing recognition that "we can't arrest our way out of this problem," the drug war just keeps on going. The FBI released its annual Uniform Crime Report in November, and while the numbers are from 2016, this year's numbers are unlikely to be any better. More than 600,000 people got arrested for marijuana offenses in 2016, down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015. It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

California's Rules and Regulations for the Legal Marijuana Market: Highlights

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.

Chronicle AM: Trump Opioid Commission Calls for More Drug Courts, More... (11/1/17)

President Trump's opioid commission issues its recommendations, El Paso becomes the latest Texas locale to ease marijuana possession penalties, would-be Arkansas medical marijuana providers file suit over an application process that excluded them, and more.

The Trump opioid commission has called for drug courts nationwide to help ease the crisis.(virginia.gov)
Marijuana Policy

Delaware Marijuana Task Force Report to Be Delayed. The legislative task force studying whether to legalize marijuana has delayed issuing its final report from the end of January to the end of February. The delay was requested by the Keep Delaware Safe and Healthy Coalition, a coalition of influential groups opposed to legalization.

New Jersey Court Rules State Must Consider Reclassifying Marijuana. An Appellate Division court ruled 2-1 Tuesday that the state must at least consider removing marijuana from its list of controlled substances. The ruling came in a case brought by two plaintiffs, a man serving a life sentence for marijuana trafficking and a young girl with epilepsy who uses marijuana for medical reasons. The court did not order the state to reclassify the herb, but said the head of the Division of Consumer Affairs should have considered reclassification instead of just flatly denying a petition to do so.

El Paso Becomes Latest Texas Locale to Not Automatically Arrest for Marijuana Offenses. El Paso county commissioners voted on Monday to approve a program under which first-time offenders caught with less than two ounces of weed can avoid arrest and criminal charges. The state passed a law allowing for the down-grading of pot possession offenses in 2014, but it has only been implemented in Austin, Dallas, and Houston.

Medical Marijuana

Arkansas Business Applicants Sue Over Rejected Bids. A group of applicants seeking to open some of the first medical marijuana businesses in the state filed lawsuits last week charging that the state Medical Marijuana Commission erred in its initial assessment of applications, where it rejected several applicants for failing to meet minimum requirements. The lawsuits seek a temporary restraining order to force the commission to include the plaintiffs' applications during a final scoring review.

Heroin and Prescription Opioids

White House Opioid Commission Issues Recommendations. President Trump's commission on the opioid crisis called Wednesday for the nationwide expansion of drug courts and more access to alternatives to opioids for people suffering pain as part of a series of recommendations for shaping drug policy to more effectively address the crisis. The 56 recommendations also include requiring doctors to show they have training in the safe provision of such drugs before their DEA licenses are renewed, requiring health care providers to use prescription drug monitoring databases, and easing Medicaid and insurance payments for opioid drug treatment. The recommendations contain no provision for increased funding.

Chronicle AM: Second Australia SIJ Coming, DEA Adds Heroin Enforcement Teams, More... (10/30/17)

The Victoria state government has approved a safe injection site in Melbourne, a new report warns that high taxes on legal marijuana could push people to the black market, New Jersey adds some new qualifying conditions for medical marijuana use, and more.

Australia's second safe injection site will open in Melbourne next year. (vch.ca)
Marijuana Policy

Report: High Legal Pot Taxes Could Push Consumers to Black Market. California retail marijuana taxes, which could reach as high as 45% in some cases, could potentially push consumers out of legal pot shops and into the black market, according to a new report from the credit rating agency Fitch Ratings. "The existing black market for cannabis may prove a formidable competitor to legal markets if new taxes lead to higher prices than available from illicit sources," the report says.

Medical Marijuana

New Jersey Adds Five New Qualifying Conditions. The state's Medical Marijuana Review Panel has officially approved five new qualifying conditions for medical marijuana use. They are anxiety, chronic pain related to musculoskeletal disorders, migraines, chronic pain of visceral origin, and Tourette's Syndrome. The panel rejected adding chronic fatigue syndrome and asthma as qualifying conditions.

Heroin and Prescription Opioids

DEA Creates Six New Heroin Enforcement Teams. The DEA has announced the establishment of six new enforcement teams focused on heroin and fentanyl. The teams will operate in New Bedford, Massachusetts; Charleston, West Virginia; Cincinnati, Ohio; Cleveland, Ohio; Raleigh, North Carolina; and Long Island, New York. The DEA got funding in its Fiscal Year 2017 appropriations to pay for the teams.

Public Health Experts Issue Report With Comprehensive Recommendations for Opioid Crisis.
Experts from the Johns Hopkins Bloomberg School of Public Health in collaboration with the Clinton Foundation have issued a report with comprehensive recommendations for stemming the opioid crisis. Among its 10 priority recommendations are: expanded electronic opioid prescription monitoring, policies in line with CDC Opioid Prescribing Guidelines, clear guidance on opioid disposal and "take back" programs, increased federal funding for drug treatment in the most hard hit communities, and cheaper naloxone.

International

Taliban Now Making Heroin -- and Increased Profits. For years, Afghanistan's Taliban have profited from opium poppy production, using the proceeds to finance their war, but now, Afghan and Western officials say that more than half of Afghan opium is being processed in-country, and that is leading for increased profits for the Taliban, for whom the drug trade consists of about 60% of its income.

Australia to Get Second Safe Injection Site, in Melbourne. The Victoria state government cabinet has approved a safe injection site for the North Richmond area of Melbourne. It is set to open next year. At the same time, the state government is also moving to crack down on heroin traffickers by reducing the amounts of heroin needed to impose harsh sentences.

Chronicle AM: New Gallup Poll Has Record Support for Marijuana Legalization, More... (10/25/17)

Nearly two-thirds of Americans now support marijuana legalization, and even more in Connecticut, the House passes a bill increasing funding for drug interdiction, the GAO reports on five years of US drug war spending in Latin America, Afghanistan has a whopping record opium crop, and more.

In Afghan fields, the poppies grow... and grow and grow. (UNODC)
Marijuana Policy

Gallup Poll Has Legalization Support at Record High, Approaching Two-Thirds. A Gallup poll released Wednesday has support for marijuana legalization at a record high 64%, up four points from last year and twice as high as just 17 years ago. The poll also includes another first: For the first time, a majority of Republicans support legalization.

Connecticut Poll Has Legalization Support Above 70%. A new Sacred Heart University Institute for Public Policy poll has support for legalization at a whopping 70.6%. That includes both "strongly support" and "somewhat support." Among people under 35, 83.2% wanted to legalize it, and even 73.6% of residents with children in the household were supportive. Legalization should be on the legislative agenda next year.

Washington State Marijuana Sales Top $1 Billion Mark This Year. By the end of September, retail marijuana sales topped $1.1 billion, according to data released by the State Liquor and Cannabis Board. That's just short of Colorado's figure of $1.118 billion so far this year.

Heroin and Prescription Opioids

Bill Would Create Federal Task Force to Fight Fentanyl and Heroin. US Reps. Katherine Clark (D-MA) and Evan Jenkins (R-VA) filed HR 4090, the Fentanyl and Heroin Task Force Act, on Monday. The bill would create a multi-agency task force including members of Customs and Border Protection, the Drug Enforcement Agency, the FBI, Immigration and Customs Enforcement's Homeland Security Investigations, the IRS, the International Trade Administration, the Office of National Drug Control Policy and the US Postal Inspection Service. The task force would coordinate federal efforts to go after fentanyl trafficking groups and identify the sources of heroin and fentanyl production and distribution. The bill has been referred to the House Judiciary Committee.

House Passes Bill to Beef Up Customs, Border Patrol to Wage Drug War. The House voted 412-3 to approve HR 2142, the INTERDICT Act. The bill appropriates funds to pay for new screening devices, laboratory equipment, facilities, and personnel needed to enforce prohibition against fentanyl and other synthetic opioids. A companion measure in the Senate hasn't moved yet.

Foreign Policy

GAO Report: US Spent $39 Billion Fighting Drugs in Western Hemisphere in Five Years. Between 2010 and 2015, US agencies implementing the National Drug Control Strategy spent $39 billion trying to block the flow of drugs from Latin America into the United States. That includes the Defense Department, Homeland Security's ICE, Homeland Security's CBP, the Coast Guard, the Justice Department's DEA and Organized Crime Drug Enforcement Task Forces, the State Department, and the Agency for International Development. Given the huge drug flows from south of the border, it doesn't seem to be working that well.

State Department Wants Stronger Anti-Drug Efforts from Mexico. A day after the DEA identified Mexican drug trafficking groups as the key criminal threat in drug enforcement, Deputy Secretary of State John Sullivan told a business meeting in Mexico that Mexico needed to do more to help. "More rigorous, collaborative efforts to confront the threat posed by the production and distribution of heroin and fentanyl are a priority for the United States," Sullivan said in remarks reported by ABC News.

International

Afghanistan Has Record Opium Harvest This Year. The opium poppy crop this year is a record and more than double last year's crop, according to Afghan Counter-Narcotics Minister Salamt Azimi. He blamed high levels of insurgency for preventing eradication programs from operating. Last year's crop was estimated at 4,700 tons, but this year's will likely exceed 10,000 tons.

Chronicle AM: Iran Restricts Death Penalty in Drug Cases, Belize MJ Decrim Move, More... (10/23/17)

Iran has approved dramatic changes in the use of the death penalty in drug cases, an Indiana county ends needle exchange and cites the Bible to do so, Jamaica issues its first marijuana business licenses, and more.

In an historic move, Iran has dramatically restricted use of the death penalty in drug cases. (handsoffcain.info)
Marijuana Policy

Colorado Credit Union Sues Federal Reserve Over Cannabis Banking. The Fourth Corner Credit Union has filed a lawsuit against the Federal Reserve Bank in Kansas City over its refusal to grant the business a master account because Fourth Corner wants to provide financial services to groups in the marijuana business. Fourth Corner received a state banking charter in 2014 and even altered its business plan to only serve marijuana advocacy groups -- not pot businesses -- but the Fed still refuses to issue a master account.

Medical Marijuana

Montana Scores $300,000 in Medical Marijuana Taxes. The state collected medical marijuana taxes at the rate of $100,000 a month for the three months ending in September, the Department of Revenue reported. The proceeds are coming from a 4% tax on provider's gross revenue. The tax went into effect on July 1.

Utah Poll Shows Continuing Strong Support for Medical Marijuana Initiative. A new Salt Lake Tribune/University of Utah Hinckley School of Politics poll has support for a 2018 medical marijuana initiative at 75%. That result mirrors a July poll that had 77% support.

Harm Reduction

Indiana County Ends Needle Exchange Program, Cites Biblical Morality. County commissioners in Lawrence County voted last week to end a needle exchange program, with commissioners citing the Bible and morality as reasons for doing so. "It was a moral issue with me. I had severe reservations that were going to keep me from approving that motion," County Commissioner Rodney Fish, who voted against the program, told NBC News. "I did not approach this decision lightly. I gave it a great deal of thought and prayer. My conclusion was that I could not support this program and be true to my principles and my beliefs." Before voting, Fish quoted a Bible verse about people turning from their "wicked ways."

International

Belize House Passes Marijuana Decriminalization. The House last Friday approved a marijuana decriminalization bill that would allow the possession of up to 10 grams of pot. It would also legalize industrial hemp. The bill now goes to the Senate.

Colombia Prosecutor General Calls for Reconsideration of Aerial Fumigation of Coca Crops. In an interview with the newspaper El Tiempo, Prosecutor General Nestor Humberto Martinez called on the government to consider resuming aerial spraying of coca groups with herbicides. The call comes amid rising concerns over the government's ability to rein in coca production in the wake of its peace treaty with the leftist rebels of the FARC.

Indonesia Drug Czar Threatens Philippines-Style Killings of Drug Dealers. National Narcotics Agency (BNN) head Commander General Budi Waseso said last Thursday that police should be prepared to shoot drug dealers on the spot. "People said that the BNN cannot shoot on the spot. Why not?" Waseso said, in remarks reported by the Jakarta Post. "Stern actions" are justified because "there are too few drug dealers who are dead, while they have killed thousands of people."

Iran Limits Death Penalty in Drug Cases. The Islamic Republic's Guardian Council last Wednesday approved amendments to the country's Law Against Drug Trafficking that will greatly reduce the imposition of the death penalty for drug offenses. In past years, Iran has executed hundreds of people each year for drug trafficking offenses, but the amendment limits imposition of the death penalty to drug lords, armed traffickers, people with significant prior convictions, and people who use children to sell drugs.

Jamaica Issues First Marijuana Licenses. The Cannabis Licensing Authority of Jamaica issued the first two licenses for marijuana businesses last Wednesday. One went to Everyting Oily Labs for processing, and the other went to Epican for cultivation. "Although it has taken some time to get to this historic occasion, we have remained committed to getting it right and to ensure that Jamaica's stake in the global medicinal cannabis industry is never compromised and remains sustainable," said Authority Chairwoman Hyacinth Lightbourne in a press release. "During the process, we have endeavored to remain in dialogue with our applicants every step of the way, and we are confident that they have satisfied the rigors of the regulations," she said.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School