California localities continue to deal with medical marijuana, bills are showing up in the states, the Kettle Falls Five want their prosecutions ended, and more. Let's get to it:

On Monday, a member of the Kettle Falls Five sought dismissal of his federal marijuana case. The widely watched case out of Washington state has been proceeding despite passage of the "CRomnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

California

On Monday, Berkeley began accepting applications for a fourth dispensary. The deadline for applications is March 20. Click on the link for more details.

On Tuesday, the San Diego city council tightened dispensary rules. The council approved requiring employee background checks and testing of products for mold and pesticides, but didn't move to regulate deliveries or create stricter rules for edibles or concentrates. The rules come as the city's first permitted dispensary is supposed to open in the spring. Numerous un-permitted ones exist, but the city has been trying to shut them down.

Also on Tuesday, the Rancho Cordova city council approved a ban on outdoor grows and indoor grows if children are present. The measure was approved 5-0 and will take effect in 30 days.

Also on Tuesday, the Redding city council decided not to try to prohibit outdoor grows. Councilmembers said they wanted to wait for the state and the federal government to figure out their medical marijuana policies first.

Florida

On Monday, the state chose its medical marijuana rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Georgia

Last Friday, a CBD medical marijuana bill died. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Hawaii

On Wednesday, the Health Department took over the medical marijuana program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Kansas

Last Friday, medical marijuana supporters rallied in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Minnesota

Last Thursday, a Minnesota Indian tribe okayed a study on medical marijuana. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Rhode Island

On Saturday, the state's first vapor lounge opened. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Virginia

As of Wednesday, there were at least three medical marijuana or CBD bills before the legislature. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington

Last Monday, a state law banning medical marijuana advertising was ruled unconstitutional. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

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

Colorado's conservative neighbors try to undo its marijuana legalization, Philadelphia drops a pair of high-profile asset forfeiture cases, Obama commutes sentences for eight drug offenders, and more. Let's get to it:

Nebraska, Oklahoma Ask Supreme Court to Undo Colorado Legalization. The attorneys general of Nebraska and Oklahoma filed a lawsuit today with the US Supreme Court asking it to declare that Colorado's marijuana legalization violates the Constitution. "Federal law undisputedly prohibits the production and sale of marijuana," Nebraska Attorney General Bruning said. "Colorado has undermined the United States Constitution, and I hope the US Supreme Court will uphold our constitutional principles." But Colorado Attorney General John Suthers, who got a courtesy call from Bruning, scoffed. "We believe this suit is without merit, and we will vigorously defend against it in the US Supreme Court," he said.

New York Lawmakers Hold Hearing on Legalization. State Sens. Liz Krueger (D-Manhattan) and Gustavo Rivera (D-Bronx) held a hearing Wednesday on a bill that would legalize marijuana in the Empire State. Krueger conceded the legislation was unlikely to pass during the coming legislative session, but said it was important to keep the conversation going.

Medical Marijuana

Colorado Awards $8 Million for Marijuana Research. The Colorado Board of Health awarded more than $8 million for medical marijuana research Wednesday. The awards will allow researchers to investigate marijuana's medical potential, not its downsides, as is required for most federally-approved research on marijuana. Three of the eight studies will still require federal approval and marijuana from the US government. In the other five "observational" studies, subjects will be providing their own marijuana. Researchers will study marijuana's impact on PTSD, irritable bowel syndrome, pain relief for children with brain tumors, pediatric epileptic seizures, and compare it with oxycodone for pain relief.

American Academy of Neurology Calls for Rescheduling Marijuana. In a just-released position statement on the use of medical marijuana for neurological disorders, the academy said it could not yet recommend medical marijuana for those disorders "because further research is needed to determine the benefits and safety of such products." To that end, the academy "requests the reclassification of marijuana-based products from their current Schedule I status so as to improve access for study of marijuana or cannabinoids under IRB-approved research protocols." Click on the link to read the entire position statement.

Asset Forfeiture

Philadelphia Drops Two High Profile Asset Forfeiture Cases. Faced with an ongoing federal class-action lawsuit filed by the Institute for Justice over its brazen asset forfeiture practices, the city of Philadelphia announced today that it is dropping efforts to seize the homes of two families. In one case, the city moved to seize a home after an adult son of the owners was busted for selling heroin; in the other, the city moved to seize a home after the owner's estranged husband was caught selling small amounts of marijuana. Meanwhile, the federal lawsuit continues.

Pardons and Commutations

Obama Issues Commutations for Eight Drug Offenders. President Barack Obama Wednesday commuted the prison sentences of eight drug offenders and issued pardons for 12 other people who had already finished their sentences. The commutations were for people imprisoned for crack cocaine and methamphetamine offenses. No one is walking out of prison today, but all eight had their sentences reduced to lengths that will allow them to walk out at some point in the next year. Among those who got commutations is Sidney Earl Johnson of Mobile, Alabama, who has been serving a life sentence for crack cocaine offenses since 1994. Another is Larry Naylor of Memphis, who has been serving a life sentence for 50 grams of crack since 1997.

Opiates

Senators Send Letter to Officials, Health Groups Urging Stronger Response to Drug Overdoses. Members of the Senate Health, Education, Labor, and Pensions Committee this week urged government officials and health groups to come up with stronger responses to drug overdoses. The call came in a letter to the Department of Health and Human Services, the National Governors' Association, the American Medical Association, and associations of state and local health officials. Click on the link to read the letter.

International

Eleven Dead in Mexico Vigilante Clashes. Mexican "self-defense" vigilante groups in the Western state of Michoacan turned their guns on each other Tuesday, leaving 11 dead. The vigilante groups emerged last year in rural communities to fight the Knights Templar cartel, and in May they accepted an offer to be folded into government security forces. And now they are fighting among themselves.

Bangkok Police Hassling Tourists With Searches, Drug Tests, On-the-Spot Fines. Since the military coup in May, foreign visitors to Thailand are increasingly complaining that police Bangkok are stopping and questioning them, searching their persons and belongings, demanding they submit to drug tests, and handing out on-the-spot fines that must be paid immediately in cash. Most of the harassment is taking place on the city's main thoroughfare, Sukhumvit Road. The British ambassador said last week he had raised the issue with local tourism authorities.

The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:

Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.

Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.

Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.

New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.

Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.

Medical Marijuana

California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Drug Testing

DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."

Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.

Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.

New Synthetic Drugs

Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.

A new report suggests how to win pot legalization initiatives in 2016, a closely watched medical marijuana trial is delayed, there's naloxone and overdose death news, Mexican pot farmers are getting squeezed from competition north of the border, and more. Let's get to it:

Moms Key Demographic for Winning Initiatives, Research Report Argues. Women between 30 and 55 are the key demographic group for winning marijuana legalization initiatives, according to a new report from the Global Drug Policy Observatory. The report, "Selling Cannabis Regulation: Learning From Ballot Initiatives in the United States in 2012," analyzed the 2012 initiative efforts in Colorado, Oregon, and Washington, as well as looking at the 2010 Prop 19 effort in California. The campaigns in Colorado and Washington successfully targeted that key demographic, the analysis found. The report also found that key messages to voters were that legalization would free up scarce law enforcement resources and that it would create new tax revenues. There's plenty more to read in the report; click on the link for the whole thing.

Marijuana DUI Breathalyzer Test Coming? Researchers at Washington State University are working to develop a marijuana breathalyzer that could detect THC on a driver's breath. The researchers said the device would probably not provide an exact reading of the amount of THC, but could help officers determine if there is probable cause for a DUI arrest. But a follow-up THC blood test would still be necessary for use as evidence in court. Researchers said they hope to start testing this device in the first half of next year.

Arizona Legislative Analysts Say Legal Pot Could Generate $48 Million a Year in Tax Revenues. The Joint Legislative Budget Committee has produced a report estimating tax revenues from legalization at $48 million a year. The report was produced in September, but details were not released until the Phoenix alternative weekly New Times obtained a copy Monday. The report was in response to a Democratic bill to legalize marijuana. That bill was killed in April, but could be back next year. And there is a legalization initiative effort underway for 2016, backed by the Marijuana Policy Project.

Medical Marijuana

Trial Postponed, New Judge Assigned in Widely Watched Federal Medical Marijuana Case of Kettle Falls Five. A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

Los Angeles Has Shut Down More Than 400 Dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Harm Reduction

North Carolina Harm Reduction Coalition's Members Save Over 200 North Carolinians From Drug Overdoses With Naloxone. The Coalition announced today that it had received a report of its 208th overdose reversal using the opioid antagonist naloxone (brand name Narcan). The Coalition has distributed over 5,100 overdose prevention kits containing naloxone since August 2013. That was made possible by the passage of a 911 Good Samaritan/naloxone access law in April 2013. For more information on overdose prevention training or how to receive a naloxone kit, go here.

Naloxone Price Going Up Dramatically. Just as police departments across the country make plans to stock up on the opioid overdose reversal drug naloxone, manufacturers are jacking up prices. In Georgia, police report the price of a kit jumped from $22 to $40, while New York City is reporting a 50% price increase. Manufacturers have not explained the increases, but some activists have suggested that with the surge in orders from government entities, the makers have seen a chance to grab windfall profits."We've had a pretty steady price for several years now,"said Matt Curtis, the policy director of VOCAL-New York, an advocacy group. "Then these big government programs come in and now all of a sudden we're seeing a big price spike. The timing is pretty noticeable."

CDC Reports Drug Overdose Deaths More Than Doubled Between 1999 and 2012. In 2012, more than 41,000 people died of drug overdoses in the US, more than doubling the figure of 17,000 in 1999. Of the 41,000 drug overdoses in 2012, 16,000 were from opioid pain relievers (although that number actually decreased 5% from 2011), while nearly 6,000 were from heroin. Thus, legal and illegal opioids accounted for more than half of all overdose deaths in 2012. The overall overdose death rate also doubled, from 6.1 deaths per 100,000 in 1999 to 13.1 in 2012. The highest rates of overdose deaths were in West Virginia (32 per 100,000), Kentucky (25 deaths per 100,00 people), New Mexico (24.7 per 100,00 people), Utah (23.1 per 100,00 people) and Nevada (21 per 100,00 people). The report is "Trends in Drug Poisoning Deaths, 1999-2012."

Law Enforcement

Sen. Chuck Schumer Wants $100 Million to Fight Heroin. Sen. Schumer (D-NY) is seeking an emergency appropriation for a "heroin surge" to combat increased heroin addiction and overdoses. He wants $100 million appropriated to the High Intensity Drug Trafficking Area (HIDTA) program. The move would increase HIDTA funding to $338 million nationwide, if the funding is approved in the federal budget.

Drug Testing

Kansas Welfare Drug Testing Law Not Catching Many. That's at least in part because the state is not actually testing many welfare applicants. After four months in effect, the state has tested only 20 applicants, of whom four tested positive. The testing is only required for people who are visibly using drugs, been recently arrested on a drug charge, or were found during a questionnaire screening to be likely to be using drugs. The state has paid $500,000 for the program so far, but has not achieved the $1.5 million in savings from people being disqualified for benefits earlier estimated because it has tested and disqualified so few people.

New Synthetic Drugs

New Synthetics and the Changing Global Drug Marketplace. Stanford University drug policy analyst Keith Humphreys has penned an informative piece on the increasing shift from natural, plant-based drugs to synthetic ones as well as the shift to on-line drug selling and buying. This phenomenon could "upend traditional understanding of drug markets and drug policy," he writes. There's much more; check it out at the link.

International

US Marijuana Production Hurting Mexican Pot Farmers. National Public Radio's John Burnett reports from the Mexican state of Sinaloa that Mexican marijuana producers are being squeezed by made-in-America weed. "Two or three years ago, a kilogram [2.2 pounds] of marijuana was worth $60 to $90,"one grower there told him. "But now they're paying us $30 to $40 a kilo. It's a big difference. If the U.S. continues to legalize pot, they'll run us into the ground." That grower said if matters continued as they were, he would plant opium poppies instead. The report also quotes a DEA official as saying Mexican cartels are now importing high-quality American weed to Mexico for high-end customers.