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2016

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Chronicle AM: Denver Pot Social Use Init Makes Ballot, Kratom Fight Gathers Steam, More... (9/6/16)

Big city Texas prosecutors are increasingly dropping small-time pot cases, a Denver social use marijuana initiative qualifies for the ballot, kratom proponents move to block the DEA effort to place it on Schedule I, and more, including lots of international items.

Denver skyline (Creative Commons)
Marijuana Policy

Texas Big City Prosecutors Are Dismissing Small-Time Marijuana Cases. Prosecutors in the state's five most populous counties -- Bexar (San Antonio), Dallas, Harris (Houston), Tarrant (Ft. Worth), and Travis (Austin) -- are increasingly dismissing small-time pot possession charges. In Ft. Worth, the number of cases dropped rose from 9% in 2011 to 25% last year. In Dallas, the number dropped rose from 18% to 41% in the same period. Travis County prosecutors Dan Hamre explained. "Jurors would look at us like we are crazy," he said. "'You are spending your time, our time and the court's time on a small amount of personal marijuana?'"

Washington State Campaign to End Marijuana Possession Felonies Underway. Under marijuana legalization via I-502, the stat legalized the possession of up to 28 grams of pot, but possession of 40 grams or more remains a felony. A Change.org petition calling on state lawmakers to fix the law is now underway. It has more than a thousand signatures in ten days, but could always use more.

Denver Marijuana Social Club Initiative Qualifies for Ballot. An initiative from the Denver Social Use Campaign has qualified for the November ballot. It would allow for the creation of "designated consumption areas" for marijuana use. Permits would be open to a broad range of businesses, and could cover a single event or be good for up to a year. Patrons would have to bring their own buds, though, since sales would not be allowed.

Medical Marijuana

Second Arkansas Lawsuit Challenges Medical Marijuana Initiative. A Little Rock attorney who is a member of NORML's National Legal Committee has filed a lawsuit seeking to knock the Arkansas Medical Cannabis Act off the November ballot. In the lawsuit, attorney Kara Benca asked the court to invalidate some 15,000 voter signatures, which would disqualify the initiative. A second initiative, the Arkansas Medical Marijuana Amendment, has also qualified for the ballot. If both pass, the won with the most votes wins.

Drug Policy

Petition Drive to Undo Making Kratom Schedule I is Underway. In response to the DEA's announcement it was moving to make kratom's active ingredients Schedule I, fans of the opioid substitute have begun a Change.org petition asking the White House to intervene. The White House must respond if the petition hits 100,000 signatures by month's end. So far, it has nearly 70,000. The American Kratom Association also says it is pondering a lawsuit to block the move.

International

Australia Will Legalize Medical Marijuana in November. The Therapeutic Goods Administration has made it official. The agency has now formally announced it will move medical marijuana from Schedule 9 (prohibited substances) to Schedule 8 (controlled drugs). The change will go into effect in November.

Bolivian Government Proposes Prison Time for Illegal Coca Cultivation. Vice Minister for Social Defense Felipe Caceres announced Friday that the government is proposing a bill that would make illegal coca production a crime punishable by up to three years in prison. Under current law, illegal cultivators face no prison time, only the destruction of their crops.

Colombia Attorney General Calls for Renewed Aerial Eradication of Coca Crops. Attorney General Nestor Humberto Martinez has released a report calling for a resumption of aerial spraying of coca groups with herbicides. The government ended that policy las year, citing health risks, as well as a desire to emphasize public health and human rights in its drug policies. But an expansion of coca production has the government signaling it may change its tune.

Denmark's Christiania Residents Tear Down Hash Stalls After Police Shot and Wounded. Christiania has long been the go-to place to score hash in Copenhagen, but after a known drug seller opened fire on police last week, wounding two, residents of the hippie enclave began tearing down dealers' stalls, saying they feared organized crime was moving in. "If they start building up the booths again tonight, then well, we're here tonight as well. The plan is to continue tearing them down until it works," Christiania resident Helene Schou said. "I'm not saying hash should disappear completely from Christiania, but we needed a kiosk and what we had was a supermarket."

Philippines Will Make Drug Tests Mandatory for College Students. In the latest move in President Rodrigo Duterte's murderous war on drugs, his administration has announced it will seek to make students entering college undergo drug tests beginning next year. More than 2,400 people accused of being drug users or sellers have been killed in Duterte's two months in office, and his administration has instituted broad drug testing of police and politicians, among others.

Chronicle AM: MT MedMJ Patients Out of Luck, Christie Signs Needle Exchange Funding, More... (9/1/16)

It the end of easy access for Montana medical marijuana patients, the Arizona Supreme Court rejects the last challenge to that state's legalization initiative, the second Arkansas medical marijuana initiative is now officially on the ballot, Chris Christie signs a needle exchange funding bill, and more.

Chris Christie does the right thing on needle exchange. (Creative Commons/Gage Skidmore)
Marijuana Policy

More Smoke Pot, Fewer Find it Risky, Survey Reports. Survey data shows more adults are using marijuana, they are using it more often, and they're less inclined to think it's risky than in the past, research results reported in The Lancet found. The number of adults using marijuana in the past year has jumped to 32 million -- going from one in ten in 2002 to one in eight in 2014. Only one-third of adults thought weekly marijuana use was risky, down from half in 2002.

Alaska Attorney General Says Pot Social Clubs Are Illegal. State Attorney General Jahna Lindemuth said in a legal opinion Wednesday that marijuana social clubs are illegal. "Under Alaska law, a business cannot sell or provide marijuana or allow marijuana to be consumed on the premises unless it is licensed as a retail marijuana store by the Marijuana Control Board," Lindemuth wrote. The ruling does not apply to retail pot shops, for which state regulators are considering rules that would allow on-site cannabis consumption.

Arizona Supreme Court Rejects Challenges to Pot Legalization Initiative. Arizonans will be voting on Proposition 205 on November 8. The state Supreme Court has thrown out the last challenges to the measure, which accused it of misleading voters with its language, but the high court upheld a lower court ruling that Prop 205 substantially complies with legal requirements for initiatives.

Medical Marijuana

It's Official: Second Arkansas Initiatives Qualifies for the Ballot. Secretary of State Mark Martin's office said Wednesday that the Arkansas Medical Marijuana Amendment had submitted sufficient valid voter signatures to qualify for the November ballot. That means Arkansas voters will have two medical marijuana initiatives to vote on. The Arkansas Medical Cannabis Act was approved for the ballot in July. If both pass, the one with the most votes goes into effect.

Delaware Governor Signs Bill Allowing Medical Marijuana for Terminally Ill. Gov. Jack Markell (D) Wednesday signed into law "Bob's Bill," named for lung cancer patient Robert Jester, who died in 2014 without being able to legally use marijuana to ease his suffering. The bill allows for medical marijuana for terminally ill patients, including those under 18 who are suffering pain, anxiety, or depression.

Montana Medical Marijuana Patients Now Out of Luck. In the biggest medical marijuana rollback ever, as of September 1, medical marijuana dispensaries are now illegal, and up to 12,000 patients have lost legal access to marijuana. Medical marijuana providers are now limited to three patients, and thousands of patients have no provider. This is the end result of the GOP-led legislature's 2011 move to gut the state's voter-approved medical marijuana law. An initiative that would restore the state's medical marijuana system, I-182, has been approved for the November ballot.

Harm Reduction

New Jersey Governor Signs Needle Exchange Funding Bill. Gov. Christ Christie (R) Wednesday signed into law Assembly Bill 415, which creates permanent funding for five locally run needle exchange programs. Three of them, in Atlantic City, Camden, and Paterson, had already run out of funds and were close to closing their doors. "These programs not only distribute clean syringes to intravenous drug users, but also deliver lifesaving education, treatment, and testing to their participants," according to Christie's bill-signing statement.

New Psychoactive Substances

California Bill Would Make Possession of Synthetic Cannabinoids, Stimulants a Crime. The legislature has approved a bill requested by the California Narcotics Officers Association that would make first-time possession of specified synthetic cannabinoids or stimulants an infraction, with subsequent offenses treated as misdemeanors. Under current state law, selling the drugs is a crime, but possessing them isn't. The measure, Senate Bill 139, now goes to the desk of Gov. Jerry Brown (D). It is opposed by the ACLU and the Drug Policy Alliance.

International

EU Wants to Ban New, Powerful Synthetic Cannabinoid. The European Commission announced Wednesday that it wants to ban MDMB-CHMICA, also known as "Black Mamba," a synthetic cannabinoid reportedly 10 times stronger than already banned synthetic cannabinoids. The European Monitoring Center on Drugs and Drug Abuse reported that it has been linked to at least 42 "acute intoxications" and 29 deaths.

Philippines President Snubs UN Effort to Meet Over Drug Killings. President Rodrigo Duterte has turned down a meeting with UN Secretary-General Ban Ki-moon after threatening last month to quit the UN over its criticism of the mass killings of drug users and dealers since he came to office three months ago. Officials from Duterte's office said he was too busy to meet with the head of the global body. One UN official said it was "basically unheard of" for a national leader to be "too busy" to meet the secretary-general.

Medical Marijuana Update

A federal appeals court upholds the ban on gun sales to medical marijuana patients, Arkansans will have two medical marijuana initiatives on the ballot, Oklahomans will likely have none, and more.

Arkansas

Last Thursday, a second medical marijuana initiative was okayed for the ballot. The state already has one medical marijuana initiative on the ballot, the 2016 Arkansas Medical Cannabis Act, and state officials announced Thursday that a second initiative, the Arkansas Medical Marijuana Amendment, will also appear on the ballot, even though they have yet to certify that it has enough signatures to do so. That's because Thursday was the deadline to certify ballot issues. Because the secretary of state's office was not able to verify late signatures before the deadline, the second initiative has been "certified to the ballot and assigned a number." If the initiative actually comes up short on signatures, votes for it in November will not be recorded.

On Monday, the state Democratic Party endorsed medical marijuana. With two competing medical marijuana initiatives on the ballot, the state Democratic Party has approved a platform plank endorsing medical marijuana. The plank calls for "the development of a responsible medical marijuana program that will receive patients in need of such relief the freedom to access this remedy."

California

On Wednesday, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled Wednesday that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

Florida

Last Thursday, the medical marijuana initiative was polling above 67%. The Amendment 2 medical marijuana amendment initiative appears headed for victory in November. A new poll from the University of Florida Bob Graham Center has support at 67.8%, in line with a slew of polls since early 2015 that show the initiative will a low of 61% approval and up to 80%. Because the initiative is a constitutional amendment, it needs 60% to pass.

Montana

Last Wednesday, an anti-marijuana zealot gave up on his initiative to repeal the state's medical marijuana law. Billings auto dealer Steve Zabawa has given up the ghost on his effort to get an anti-marijuana initiative on the state ballot. His measure would have repealed the state's already seriously gutted medical marijuana law (a measure that has made the ballot, I-182, seeks to reinstate the original law) and declare that any drug illegal under federal law is illegal under state law. He came up short on signatures, lost an initial court challenge, and now says he doesn't have time to appeal to the state Supreme Court. Zabawa said he will now concentrate on trying to defeat I-182.

New York

Last Thursday, the state Health Department called for expanding the medical marijuana program In a report marking the two-year anniversary of the state's medical marijuana program, the Department of Health called for expanding the program to meet patient needs. "To meet additional patient demand and increase access to medical marijuana throughout New York State, NYSDOH recommends registering five additional organizations over the next two years, using a phased-in approach to permit their smooth integration into the industry," the report said.

On Tuesday, the Health Department announced an expansion of the medical marijuana program. The state Department of Health said Tuesday it will allow nurse practitioners to recommend medical marijuana for patients and allow dispensaries to make deliveries. The department also said it was considering whether to include chronic pain on the state's list of qualifying conditions.

Oklahoma

On Monday, advocaes said the medical marijuana initiative was unlikely to appear on the ballot. The group behind the initiative, State Question 788, said they will challenge the attorney general's rewording of the battle title, and that will begin a legal process that will delay the measure beyond the November 8 election date. State officials, on the other hand, said the initiative campaign waited too long to turn in signatures. "We are dealing with processes established in both federal and state election law for initiatives proposed by the people that require specific procedures to be followed," Attorney General Scott Pruitt (R) said. "It's important for the people of Oklahoma to know -- regardless of the substance of the state question -- the signatures were not submitted with enough time to allow this process to be played out completely."

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

Chronicle AM: DEA to Make Kratom Schedule I, Thailand to Downschedule Meth, More... (8/30/16)

The DEA announces it will make the active ingredients in kratom Schedule I substances, marijuana legalization initiatives in Arizona and Michigan go to court, the Thai government is moving to reform the way it deals with meth, and more.

Kratom is headed for Schedule I (Creative Commons/Wikipedia)
Marijuana Policy

Arizona Legalization Campaign Sues Over Ballot Description. The Campaign to Regulate Marijuana Like Alcohol filed a lawsuit Monday asking the state Supreme Court to fix what is says is inaccurate language in the ballot description of Prop 205 that will be presented to voters. The description written by Secretary of State Michele Reagan left out information that the campaign says is important, such as noting that a new 15% marijuana tax would go mainly to schools. The Supreme Court is also hearing a challenge from opponents of Prop 205. It needs to finalize the ballot language today.

Michigan Legalization Campaign Asks State Supreme Court to Put Initiative on Ballot. In a last ditch bid to get its legalization initiative on the November ballot, MI Legalize has filed a motion with the Supreme Court asking it to overturn a lower court's ruling that the state had no obligation to include signatures gathered outside a 180-day window. MI Legalize gathered more than enough signatures to qualify for the ballot, but some of them were deemed too old to be counted.

Medical Marijuana

Arkansas Democratic Party Endorses Medical Marijuana. With two competing medical marijuana initiatives on the ballot, the state Democratic Party has approved a platform plank endorsing medical marijuana. The plank calls for "the development of a responsible medical marijuana program that will receive patients in need of such relief the freedom to access this remedy."

Drug Policy

DEA to Place Kratom on Schedule I. The DEA announced Wednesday that it is moving to place the active materials in the kratom plant on Schedule I of the Controlled Substances Act. That schedule is reserved for drugs that have no medical use and a high potential for abuse. The scheduled substances are mitragynine and 7-hydroxymitragynine. Kratom is a tropical tree indigenous to Southeast Asia. It produces opioid-like effects and has been marketed as a legal alternative to controlled substances. Not anymore, though.

International

Hundreds of Argentine Judges, Lawyers Call for End to Drug War. Some 500 magistrates, lawyers, and other legal figures used the 30th anniversary of key Supreme Court decision to call for an end to the war on drugs. In 1986, in the "Bazterrica" ruling, the nation's high court ruled it unconstitutional to prosecute people for simple drug possession. Yet Argentine law still allows such prosecutions. The legal figures are demanding that the law be changed to be in compliance with the Bazterrica ruling.

Thailand Takes Another Step Toward Moving Meth off Dangerous Drugs List. The Justice Ministry is set to remove methamphetamine from its list of dangerous drugs, which would allow health authorities to use it for medical reasons. The move is part of a larger shift in how the country deals with drug use, and is part of a bill that will emphasize treatment for drug users, including substituting prescription stimulants such as Modafinil for meth. The government has given no time line for when the bill will move.

Chronicle AM: OK MedMJ Initiative Looking Iffy, PA Governor Calls for Pot Decrim, More... (8/29/16)

Cornhuskers look down the road on marijuana reforms, Pennsylvania's governor calls for marijuana decriminalization, the Oklahoma medical marijuana initiative looks like it won't actually make the ballot, and more.

Pennsylvania Gov. Tom Wolf (D) says decriminalize it. (Creative Commons/Wikipedia)
Marijuana Policy

Nebraska 2018 Legalization Initiative Campaign Gets Underway. A group calling itself Legal Marijuana Now has begun a signature gathering drive for an initiative that would legalize possession of up to an ounce of pot for medical or recreational purposes. The group is aiming at 2018 and needs roughly 87,000 valid voter signatures to qualify.

Pennsylvania Governor Calls for Marijuana Decriminalization. Gov. Tom Wolf (D) said Monday the state needs to decriminalize the possession of small amounts of pot. While some localities have quit arresting small-time pot possessors, too many haven't. "I think we need to do that in a more systematic fashion," Wolf said. "There are too many people who are going to prison because of the use of very modest amounts or carry modest amounts of marijuana, and that is clogging up our prisons, it's destroying families and it's hurting our economy, so I think decriminalization is the first step."

Medical Marijuana

Oklahoma Initiative Unlikely to Appear on Ballot, Advocates Say. The group behind the initiative, State Question 788, said they will challenge the attorney general's rewording of the battle title, and that will begin a legal process that will delay the measure beyond the November 8 election date. State officials, on the other hand, said the initiative campaign waited too long to turn in signatures. "We are dealing with processes established in both federal and state election law for initiatives proposed by the people that require specific procedures to be followed," Attorney General Scott Pruitt (R) said. "It's important for the people of Oklahoma to know -- regardless of the substance of the state question -- the signatures were not submitted with enough time to allow this process to be played out completely."

International

New Zealand Poll Finds Strong Support for Medical Marijuana. Another poll is signaling overwhelming support for medical marijuana among Kiwis. A new UMR poll has support at 76%, up four points from the same poll last year. The poll had only 12% opposed, with another 12% undecided. The poll also asked whether marijuana should be treated as a herbal remedy; 61% said yes.

Chronicle AM: CA MJ Init Has Big Bucks, Second AR MedMJ Init Will Be on Ballot, More... (8/26/16)

It's another all-marijuana news day today. Initiative battles are heating up, New York's Health Department wants to expand the medical marijuana program, and more.

Marijuana Policy

California's Prop 64 Campaign Has Raised More Than $11 Million. The campaign to legalize marijuana in California it out-fundraising the opposition by a margin of 61 to 1, according to new campaign finance reports. The Prop 64 campaign has raised $11.45 million, while the No on 64 opposition campaign has raised only $185,000. Prop 64 has received more than $2.3 million from tech billionaire Sean Parker, $750,000 from Weedmaps founder Justin Hartfield, $1.5 million from the New Approach PAC, and $1.25 million from Drug Policy Action, among others. Opposition funding is coming from Smart Approach to Marijuana, the California Teamsters, and law enforcement.

Nevada Law Enforcement Comes Out Against Question 2. At a Carson City press conference Thursday, state Attorney General Adam Laxalt and other law enforcement officials came out in opposition to the Question 2 marijuana legalization initiative. The claimed "this ballot initiative was written by major marijuana interests, who's bigger concern is making money," not the greater good of Nevadans, and cited concerns about impaired driving.

Tennessee Governor Opposes Decrim in Memphis and Nashville. The state's two largest cities are both considering decriminalizing small-time marijuana possession, but Republican Gov. Bill Haslam wants none of it. "I'm not a fan," he says. "While I do think we've had some people who have spent more time in jail than they need to for that. I'm not in favor of decriminalizing that."

Medical Marijuana

Second Arkansas Initiative Will Be on Ballot, Even If It Doesn't Qualify. The state already has one medical marijuana initiative on the ballot, the 2016 Arkansas Medical Cannabis Act, and state officials announced Thursday that a second initiative, the Arkansas Medical Marijuana Amendment, will also appear on the ballot, even though they have yet to certify that it has enough signatures to do so. That's because Thursday was the deadline to certify ballot issues. Because the secretary of state's office was not able to verify late signatures before the deadline, the second initiative has been "certified to the ballot and assigned a number." If the initiative actually comes up short on signatures, votes for it in November will not be recorded.

Florida Medical Marijuana Initiative Polling Above 67%. The Amendment 2 medical marijuana amendment initiative appears headed for victory in November. A new poll from the University of Florida Bob Graham Center has support at 67.8%, in line with a slew of polls since early 2015 that show the initiative will a low of 61% approval and up to 80%. Because the initiative is a constitutional amendment, it needs 60% to pass.

New York Health Department Calls for Expanding Medical Marijuana Program. In a report marking the two-year anniversary of the state's medical marijuana program, the Department of Health called for expanding the program to meet patient needs. "To meet additional patient demand and increase access to medical marijuana throughout New York State, NYSDOH recommends registering five additional organizations over the next two years, using a phased-in approach to permit their smooth integration into the industry," the report said.

Chronicle AM: CA Forfeiture Reform Passes State House, MT Anti-MJ Init Folds, More... (8/25/16)

Lots of California news today, plus a Montana anti-marijuana initiative folds.

A bill to rein in asset forfeiture abuses has passed the California legislature and now awaits Gov. Brown's signature.
Marijuana Policy

California Legislature Passes Cottage Cannabis Production Bill. The measure, Assembly Bill 2516, would establish a new medical marijuana cultivator license category for what sponsor Assemblyman Jim Woods (D-North Coast) calls "microfarmers." The category would apply to farmers with 2,500 square feet or less for mixed-light cultivation, 500 square feet for indoor cultivation, or up to 25 mature marijuana plants for outdoor cultivation. The bill now goes to the desk of Gov. Jerry Brown (D).

California's Legal Marijuana Industry Could Generate $6.5 Billion a Year, Report Says. A new report from Arcview Market Research estimates that legalizing marijuana in the state would create a $6.5 billion annual market by 2020. That would make California the "epicenter" of legal marijuana in the US.

Medical Marijuana

Montana Anti-Marijuana Zealot Gives Up on Initiative to Repeal Medical Marijuana Law. Billings auto dealer Steve Zabawa has given up the ghost on his effort to get an anti-marijuana initiative on the state ballot. His measure would have repealed the state's already seriously gutted medical marijuana law (a measure that has made the ballot, I-182, seeks to reinstate the original law) and declare that any drug illegal under federal law is illegal under state law. He came up short on signatures, lost an initial court challenge, and now says he doesn't have time to appeal to the state Supreme Court. Zabawa said he will now concentrate on trying to defeat I-182.

Asset Forfeiture

California Legislature Approves Asset Forfeiture Reform Bill. A bill that would require a criminal conviction before seizing assets in cases involving less than $40,000 has passed the legislature and is now on the desk of Gov. Jerry Brown (D). The measure, Senate Bill 443, sponsored by Sen. Holly Mitchell (D-Los Angeles), would also prohibit police from partnering with federal agencies in drug busts in order to get around state asset forfeiture laws.

Medical Marijuana Update

Which states will be voting on medical marijuana this year is becoming clearer, but is not completely settled; a new study finds that marijuana is not implicated with bad organ transplant outcomes, and more.

National

Last Friday, a study found that marijuana use is not associated with bad organ transplant outcomes. A peer-reviewed study from the journal Clinical Transplantation finds that marijuana use is not contraindicated in kidney transplants. "[R]ecreational marijuana use should not be considered a contraindication to kidney transplantation," the authors concluded. "[R]ecreational marijuana use should be systematically evaluated in a larger setting before a decision is made on what, if any, degree of use or abuse should be considered a relative or absolute contraindication, or whether use or abuse should be considered a contraindication." Even in jurisdictions that allow for medical marijuana use, hospitals routinely disqualify patients with a marijuana history from eligibility for organ transplants.

As of Tuesday, these four states will definitely be voting on medical marijuana initiatives in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas

Last Friday, a second medical marijuana initiative looked set to qualify for the ballot. There's already one medical marijuana initiative on the ballot, the Arkansas Medical Cannabis Act, but there could be another. Backers of the Arkansas Medical Marijuana Amendment handed in additional signatures last Friday after they came up short in the original round of petitioning. The amendment needed 84,589 valid voter signatures, but only came up with 72,000 valid ones on July 8. Being so close, however, qualified the amendment for a second round of signature gathering, and it has now handed in another 35,000 raw signatures, meaning it should now qualify. If both initiatives appear on the ballot and both pass, the one with the most votes will become law.

On Wednesday, prohibitionists went to court to block the Arkansas Medical Cannabis Act. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Arizona

Last Thursday, the prospect of possible legalization was spurring a rush for medical marijuana licenses. More than 750 people or groups have submitted applications for 31 medical marijuana dispensary licenses to be awarded in October. Medical marijuana license holders will get first crack at new adult use licenses if the Prop 205 legalization initiative passes.

Missouri

On Monday, a group of DAs sought to block New Approach Missouri's challenge on invalidated signatures. A dozen state prosecutors have filed legal action to block the New Approach Missouri medical marijuana initiative from getting on the ballot. The group is challenging official signature counts that say it came up short, but the DAs argue that that isn't the real issue. They argue that the state cannot put on the ballot issues that would result in laws in conflict with US law.

Montana

Last Thursday, an anti-marijuana initiative failed to qualify for the ballot, but will challenge the signature shortfall. An initiative seeking to repeal the state's medical marijuana law has failed to qualify for the November ballot after coming up short on valid signatures. The Safe Montana campaign claims the state improperly rejected or lost signatures and has filed suit to challenge the state's decision. Meanwhile, the I-182 initiative, which would rebuild the state's largely gutted medical marijuana program, has already qualified for the ballot.

Oklahoma

On Tuesday, a medical marijuana initiative took a giant step toward qualifying for the ballot. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Pennsylvania

Last Friday, the state took a step forward in implementing its medical marijuana system. The state Health Department has released a draft of the rules for the state's nascent medical marijuana industry. The more than 90 pages of draft regulations create a roadmap for aspiring medical marijuana growers and processors who are competing for 25 lucrative permits.

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

Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Incarceration

Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

International

Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

These Four States Will Be Voting on Medical Marijuana in November [FEATURE]

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

It's been 20 years since California punched through pot prohibition and became the first state to legalize marijuana for medicinal purposes. Now, 25 states have medical marijuana laws, and more than a dozen more have taken the half-step of legalizing the medicinal use of cannabidiol (CBD) only -- not raw marijuana.

Coming soon to Arkansas, Florida, Montana, and North Dakota?
While some of the early medical marijuana states have now moved on to full legalization -- and more are set to this year -- states in the South and the Plains are just beginning to embrace the therapeutic use of the herb. This year could see medical marijuana finally assert itself in Dixie and on the Northern Plains.

Medical marijuana is amazingly popular nationwide. A June Quinnipiac poll had support at a whopping 89%. That same month, a Prevention Magazine poll had support at 75%, not nearly as stratospheric, but still very impressive. Support won't be as strong in states where it is on the ballot this year, but should still be strong enough to get voter initiatives over the top.

There are four states where medical marijuana initiatives are approved for the ballot this year, but before we get to those, there are still a handful of loose ends to mention. In Missouri, an initiative campaign is challenging a signature count that had it fail to qualify for the ballot; in Arkansas, a second medical marijuana initiative, this one a constitutional amendment, is still trying to gather signatures (update: that measure has now qualified for the ballot); in Oklahoma, an initiative has just passed a signature-gathering hurdle but has yet to qualify, and in Montana, an anti-medical marijuana initiative is challenging a signature count that found it coming up short. These are all long-shots at this point, but the efforts aren't definitively dead.

In the meantime, the four states definitely voting on medical marijuana in November are:

Arkansas -- The 2016 Arkansas Medical Cannabis Act. A similar initiative was narrowly defeated in 2012, and Arkansans for Compassionate Care hopes to get over the hump this year. The initiative would allow patients suffering from a long list of qualifying diseases or conditions to use medical marijuana with a doctor's recommendation. Patients could possess up to 2 ½ ounces and could grow five plants and 12 seedlings if they live more than 20 miles from a "care center." They could also have a designated caregiver grow for them, with a limit of five patients per caregiver. There would be at least 39 non-profit care centers across the state.

It's going to be a low-budget campaign. ACC says it has raised $15,000 and has a goal of $80,000. There is no significant organized opposition.

The polling is looking favorable. An Arkansas Poll from last November had support for medical marijuana at 68%, with only 26% opposed, while a June Talk Business & Politics-Hendrix College Poll had support at 58%, with 34% opposed.

Florida -- Amendment 2. Medical marijuana backers organized as United for Care were narrowly defeated in 2014 although they won 58% of the vote. That's because their initiative was a constitutional amendment requiring a 60% majority, and so is this one. It would allow patients suffering from a specified list of qualifying diseases or conditions to use medical marijuana upon a doctor's recommendation. The amount they could possess will be determined by the Department of Health. Patients could not grow their own, but would be able to purchase it at state-regulated "Medical Marijuana Treatment Centers."

This is going to be a big bucks campaign in a high-population state, just as it was last time. In 2014, Las Vegas casino billionaire and hard right Daddy Warbucks Sheldon Adelson kicked in more than $5 million to the "no" campaign. This year, he's been quiet so far, but Florida arch-drug warrior Mel Sembler has kicked in $500,000 for the opposition Drug Free Florida, and Publix supermarket heiress Carol Jenkins Barnett gave $800,000 more. United for Care has largely been bankrolled by Florida attorney and Democratic donor John Morgan. It took in more than $3 million last year, spending most of it on signature gathering, and has only raised $555,000 so far this year, although Morgan's deep pockets could come through again in the home stretch.

Even with the needed 60% majority, the polling looks good. In eight polls since January 2015, the lowest support level recorded was 61% and the highest was 80%. But the opposition is going to use that fat campaign war chest to chip away at public support.

Montana -- Initiative 182. Voters in Big Sky County approved medical marijuana in 2004, but when the scene grew too bustling, the state's conservative legislature struck back with a vengeance. In 2011, Republicans in Helena essentially gutted the medical marijuana system, shutting down dispensaries and limiting caregivers and doctors. The Montana Medical Marijuana Act repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. It also repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners, and it removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, instead requiring annual inspections by the state. Patients could continue to possess up to an ounce of marijuana and four plants and 12 seedlings. The initiative also adds PTSD to the list of qualifying conditions.

There doesn't appear to be any recent polling on the initiative's prospects. Montana voters have approved medical marijuana in the past, but the earlier phase of medical marijuana expansion sparked a harsh reaction, and the state remains divided over the issue. After a lengthy court fight, some of the restrictions approved in 2011 will go into effect at the end of this month, and cries of lost patient access may bend public opinion.

There doesn't appear to be any significant fundraising or spending by either side in this campaign.

North Dakota -- Question 5. Also known as the North Dakota Compassionate Care Act and sponsored by North Dakotans for Compassionate Care, the initiative would allow people suffering from a list of specified medical conditions to use medical marijuana with a doctor's recommendation. The initiative envisions a system of non-profit "compassion centers," which could grow and sell medical marijuana. Patients living more than 40 miles from a compassion center could grow up to 8 plants, but they must notify local law enforcement in writing. The initiative also includes a creepy provision allowing the Health Department to "perform on-site interviews of a qualified patient or primary caregiver to determine eligibility for the program" and to "enter the premises of a qualified patient or primary caregiver during business hours for purposes of interviewing a program applicant," with 24 hours notice. Patients could purchase up to three ounces of marijuana every two weeks.

The polling data is as scarce as the trees on the North Dakota prairie, but a 2014 poll had support for medical marijuana at 47%, with 41% opposed.

There doesn't appear to be any significant fundraising or spending by either side in this campaign, either.

Will medical marijuana go four for four this year? It seems likely, but we're going to have to wait for November 8 to know for sure.

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