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Medical Marijuana Update

The VA rejects pleas to study marijuana for PTSD, Illinois gets a couple of court rulings, a full-fledged medical marijuana bill is filed in Kentucky, and more.

National

On Tuesday, news came that the VA won't study marijuana's effects on PTSD. The Department of Veterans Affairs will not begin a study into marijuana's effects on PTSD despite pleas from congressman, veterans, and the nation's largest veterans' service organization. The news came in a letter to House Democrats from VA Secretary David Shulkin. The letter was actually written in late December, but only released Tuesday. "VA is committed to research and developing effective ways to help veterans cope with post-traumatic stress disorder and chronic pain conditions," Shulkin wrote. "However, federal law restricts VA's ability to conduct research involving medical marijuana, or to refer veterans to such research projects." The letter said a review of existing research found a link between marijuana use and increased risk of suicide, as well as mania and psychotic symptoms, a response Rep. Tim Walz (D-MN), a signer of the letter, called "disappointing" and "unacceptable."

Illinois

Last Wednesday, the parents of a sick child sued over medical marijuana access at school. The parents of an 11-year-old suffering from leukemia have sued the state and a suburban Chicago school district over a state law that bars her from taking her medicine at school. The medical marijuana law the state passed in 2014 prohibits the possession or use of marijuana on public school property. The family argues that provision of the law denies their child due process and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act. The school district involved is School District 54 in Schaumburg.

Last Friday, a federal judge okayed medical marijuana use at school for the sick girl. Two days after her parents filed a lawsuit against a school district and the state of Illinois over her school's refusal to allow her to use her medicine on school grounds, a federal judge ruled in her favor. The quick move came after the judge heard from the school district, which had concerns its employees could be subject to legal penalties for helping the 11-year-old. Lawyers for the state and the school district will meet with the judge next week to come up with a long-term solution.

On Tuesday, a state judge ordered the state to add intractable pain as a qualifying condition. Cook County Judge Raymond Mitchell has ordered the Department of Public Health to add intractable pain as qualifying condition for medical marijuana use. The decision comes after the department declined to add it, and the department says it will appeal the ruling. The state Medical Cannabis Advisory Board had recommended added the condition in January 2016, but the health department demurred, saying there was "a lack of high quality data" from clinical trials to establish that the benefits outweighed the risks.

Indiana

As of last Friday, the state saw a bevy of CBD bills, but only a restrictive one was set for a hearing. Responding to an attorney general's opinion last November that restricted the use of CBD to epileptics on a state registry, lawmakers have filed a number of bills to ease access to the substance, but the only one yet set for a hearing, Senate Bill 294, would actually make access even more restrictive. That bill, filed by Sen. Michael Young (R-Indianapolis), would mandate bar-coded cards for people on the registry and limit sales to card holders.

Kentucky

On Tuesday, a medical marijuana bill was filed. Secretary of State Allison Grimes announced 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.

Maryland

On Monday, the General Assembly took up racial justice in the marijuana industry. The General Assembly ran into controversy Monday as it took up the contentious issue of including marijuana companies led by African-Americans in the state's nascent medical marijuana industry. Under a compromise negotiated by legislative and industry leaders since last spring, the state would create five new growing licenses but also put a moratorium on further industry expansion for up to 10 years. But lawmakers worried that regulators could move fast enough to get minority firms off the ground and competitive with current growers. Another issue of concern was whether the 10-year moratorium gave too much protection to current growers. The Senate will hold a hearing on the proposal next week.

North Dakota

Last Thursday, the state set 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.

Pennsylvania

Last Friday, the state backed away from going after medical marijuana patients' guns. The state Health Department announced it will no longer provide the names of medical marijuana patients to law enforcement agencies. The move came after newspapers in the state reported that patients would not be able to buy firearms. Under state regulations, the department was required to post a database of patient names to an online portal accessed by law enforcement, but providing that information would have stopped a patient from buying a gun under federal gun control laws.

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

Chronicle AM: Fed Bill to Protect State-Legal MJ, PA Protects MedMJ Gun Rights, More... (12/15/18)

Members of Congress moved in two different ways to protect state-legal marijuana, a leading Illinois gubernatorial candidate doubles down on support for legalization, Pennsylvania moves to protect the Second Amendment rights of medical marijuana patients, and more.

Efforts to protect state-legal marijuana heat up on Capitol Hill. (Wikimedia)
Marijuana Policy

Nearly 70 Congress Members Sign Letter Supporting Amendment to Protect State-Legal Marijuana. A letter sent last Friday to the House leadership asking it to include an amendment blocking the Justice Department from spending funds to go after state-legal marijuana came with the signatures of 69 US representatives. They want the McClintock-Polis Amendment included in "any forthcoming appropriations or funding bill."

Oakland Congresswoman Files Bill to Protect State-Legal Marijuana. Rep. Barbara Lee (D-CA) filed the Restraining Excessive Federal Enforcement & Regulations of Cannabis (REFER) Act of 2018 (HR 4779) last Friday. It would bar federal agencies from spending money to "detain, prosecute, sentence, or initiate civil proceedings against an individual, business or property, that is involved in the cultivation, distribution, possession, dispensation, or use of cannabis" when those actions comply with state law or local regulations.

Illinois Democratic Gubernatorial Candidate Will Make Marijuana Legalization Centerpiece of Campaign. Democratic gubernatorial candidate JB Pritzker signaled last Friday that he intends to make marijuana legalization central to his campaign. At a press conference, the businessman said he would "intentionally include black and brown entrepreneurs" in the state's legal marijuana business as a way of addressing "historically systemic racism." Embracing legalization helps draw a distinction between Pritzker and both one of his main Democratic competitor, Chris Kennedy, who more cautiously embraces decriminalization, and incumbent Gov. Bruce Rauner (R).

Medical Marijuana

Illinois Federal Judge Okays Medical Marijuana at School for Sick Girl. Two days after her parents filed a lawsuit against a school district and the state of Illinois over her school's refusal to allow her to use her medicine on school grounds, a federal judge ruled in her favor. The quick move came after the judge heard from the school district, which had concerns its employees could be subject to legal penalties for helping the 11-year-old. Lawyers for the state and the school district will meet with the judge next week to come up with a long-term solution.

Pennsylvania Moves to Protect Patients' Gun Rights. The state Health Department announced last Friday it will no longer provide the names of medical marijuana patients to law enforcement agencies. The move came after newspapers in the state reported that patients would not be able to buy firearms. Under state regulations, the department was required to post a database of patient names to an online portal accessed by law benforcement, but providing that information would have stopped a patient from buying a gun under federal gun control laws.

Drug Policy

Pennsylvania Sued Over Taking Drivers' Licenses for Drug Offenses. Two men convicted only of minor drug offenses filed suit last Wednesday in Philadelphia against the state for its law mandating drivers' license suspensions for non-driving-related offenses. "Drug convictions are the only crimes for which the Department of Transportation suspends the driver's licenses of adults over 21," the complaint says. The state "thus punish[es] people found in possession of a small amount of marijuana (unrelated to driving) as harshly as those who have been convicted of aggravated assault while driving under the influence, vehicular manslaughter, or any other dangerous activity that results in the loss of one's ability to drive." Such laws were once the norm, but have now been abolished in 38 states.

International

Greece Moves Toward Allowing Medical Marijuana. A Greek government official said Sunday that the parliament is expected to approve a medical marijuana bill in coming weeks. "In a few weeks' time, an amendment will be brought to parliament to define the legislative framework for the cultivation and manufacturing of pharmaceutical products based on medical cannabis, which will open the way for Greek and foreign investments," deputy agricultural development minister Yannis Tsironis told AFP. Last year, the government authorized the import of several medical marijuana products; now it appears ready to take the next step.

(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.)

Medical Marijuana Update

An effort to undo racial inequities faces a challenge in Ohio, Oklahomans will go to the polls to vote for medical marijuana in June, three members of the Kettle Falls Five win a major court victory, and more.

Ohio

On Tuesday, a lawsuit challenged "racial quotas" in the medical marijuana program. A company that failed to win a slot in the state's medical marijuana program has filed a lawsuit claiming it lost out because of "an unconstitutional racial quota." PharmaCann Ohio Inc. said it finished 12th out of more than a hundred applicants for 12 cultivation licenses on the state's application ranking system, but that it lost out because a state quota system requires 15% of those licenses to go to minority-owned groups. That requirement gave an unfair boost to companies that scored lower in the rankings, the company argued, saying the racial requirement violates the Constitution's 14th Amendment equal protection clause.

Oklahoma

Last Thursday, an election date was set for the medical marijuana initiative. Gov. Mary Fallin (R) announced that a medical marijuana initiative will go before the voters during the June 26 primary election. The initiative will be Question 788 on the June ballot. It would create a full-fledged state medical marijuana system, and patients would be allowed to grow up to six mature plants themselves.

Pennsylvania

Last Thursday, the state okayed its first dispensary. State regulators announced they had approved the state's first dispensary to begin selling medical marijuana once it becomes available from a licensed grow. The Keystone Canna Remedies dispensary in Bethlehem was the first out of the gate. The dispensary will open later this month for educational workshops and registration assistance, but doesn't expect to have product on hand until mid-February. Regulators said they expected more dispensaries to open in coming weeks.

Washington

Last Wednesday, three Kettle Falls Five members saw their convictions vacated and charges dismissed. Three members of a Washington state family prosecuted for growing medical marijuana for themselves have seen their convictions vacated at the request of federal prosecutors. The feds said congressional bans on using Justice Department funds to go after state-legal medical marijuana programs made it impossible for them to continue with an appeal.

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

Chronicle AM: WI Dem Governor Contender Rips Walker on Food Stamp Drug Tests, More... (12/13/17)

The Hartford, CT, city council says legalize it, a Wisconsin Democratic gubernatorial canddate attacks Scott Walker over food stamp drug testing, Colombia meets coca eradication goals, and more.

Gov. Walker wants Wisconsin to be the first state in the country to drug test food stamp recipients. (Creative Commons)
Marijuana Policy

Hartford, CT, City Council Calls for Legalizing and Taxing Marijuana. The city council voted unanimously Monday night to approve a resolution calling for the legalization and taxation of marijuana. The resolution also calls on the city to conduct an economic impact study and hold public hearings on the issue, as well as measures to "ensure racial equity in ownership and employment."

Drug Testing

Wisconsin Democratic Governor Candidate Rakes Walker on Food Stamp Drug Testing. Democratic gubernatorial contender Matt Flynn slammed Gov. Scott Walker's (R) plan to impose drug screening and testing on food stamp recipients Tuesday: "I condemn this in the strongest terms. First, it is hypocritical. Walker and his Republican allies claim to be against intrusive big government, but there has never been a more intrusive, big-government administration in our state's history," he said. "Second, this is foolishly wasteful of our state's limited resources. By the administration's own admission, fewer than one-third of one percent of all food stamp recipients will likely be identified as drug users. Numerous states have passed similar 'reforms' and have actually found that recipients of these programs test positive at a lower rate than the general population. These 'reforms' always cost more money than they save. Third, and most importantly, this policy is offensive in the extreme. It demeans people experiencing poverty. It is unconscionable."

Law Enforcement

Kansas Couple Whose Home Was Raided in Bungled Marijuana Search Loses Lawsuit. The couple, a pair of former CIA employees who were growing tomato plants hydroponically, were raided by Johnson County sheriff's deputies searching for marijuana. Deputies zeroed in on the couple after spotting them at a hydroponics store, then searched their trash and mistook discarded tea leaves for marijuana leaves. The couple sued, alleging deputies violated their Fourth Amendment rights, but a federal jury disagreed. The couple says they will appeal.

International

Colombia Says It Met Coca Eradication Deadline, Hints at Shift to Crop Substitution. Colombian Defense Minister Luis Carlos Villegas said the country had eradicated some 125,000 of coca planting ahead of a deadline agreed to with the US. He said the target for forced eradication next year would decline to 100,000 acres. This year's forced eradication program was five times larger than last years' and led to clashes between troops, eradicators, and growers that left at least ten coca farmers dead.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Trump DEA Pick Has Issues, FL MedMJ Licenses Delayed, More... (10/2/17)

The man Trump will reportedly name to head the DEA has some racial profiling issues in his past, the Global Commission on Drugs issued recommendations on dealing with the opioid crisis, the 6th Circuit slaps down the DEA in an asset forfeiture case, and more.

The next DEA head? New Jersey State Police Superintendent Joseph Fuentes (Wikimedia)
Medical Marijuana

Florida Will Miss Deadline for Issuing Grower Licenses. Florida officials were supposed to distribute ten medical marijuana cultivation licenses Tuesday, but that's not going to happen. Officials said last Friday said the delay would be brief and pointed fingers at Hurricane Irma and a recently-filed lawsuit from a black farmer challenging the state's effort to achieve racial diversity among growers. That farmer charged that the state's guidelines were too restrictive.

Heroin and Prescription Opioids

Global Commission on Drug Policy Releases Position Paper on North America Opioid Crisis. The Global Commission on Drug Policy Monday released a position paper on The Opioid Crisis in North America. The members of the Global Commission, several of whom faced similar crises while occupying the highest levels of government, share their views and recommendations on how to mitigate this epidemic. The Commission warns against cutting the supply of prescription opioids without first having supporting measures in place, and emphasizes the need to improve and expand proven harm reduction services and treatment options, including opioid substitution therapy and heroin-assisted treatment. Regulation of prescription opioids needs to become well-balanced to provide effective pain care while minimizing misuse. The Global Commission also calls for the de facto decriminalization of drug use and possession for personal use at the municipal, city or State/Province levels, so that people in need of health and social services can access them freely, easily, and without fear of punishment. Finally, the Global Commission suggests allowing pilot projects for the responsible legal regulation of currently illicit drugs including opioids, to bypass criminal organizations that drive and benefit from the black market.

Asset Forfeiture

6th Circuit Slaps Down DEA Cleveland Airport Cash Seizure. Even when it looks like they have the perfect case, the DEA and the courts can't cut corners in their efforts to seize suspected drug money, the court held in a case decided late last month. Agents had seized $41,000 in cash from two men with previous drug convictions who had purchased tickets to -- gasp! -- California, and their drug dog told them the money was tainted. The men appealed the seizure, saying the cash was legally obtained, but the DEA moved to strike their claim, saying they had provided no proof, and a lower court agreed. But the DEA and the lower court erred, the appeals court ruled, by shifting the burden of proof to the claimants at that early stage of the proceedings: "Finally, we note our concern that the government's approach would turn the burden of proof in forfeiture actions on its head. Under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the government bears the burden of proving by a preponderance of evidence that the subject of a civil forfeiture action is, in fact, forfeitable," the opinion concluded. "Requiring a forfeiture claimant to explain the nature of his ownership at the pleading stage would be asking the claimant to satisfy the government's burden of proof, or at least go a long way toward doing so."

Drug Policy

Trump Could Name Racial Profiling Apologist to Head DEA. The Washington Post has reported that President Trump will name New Jersey State Police Superintendent Joseph Fuentes to head the Drug Enforcement Administration (DEA). In 2000, Fuentes, then a state police trooper, wrote a paper defending "suspect profiling" as the state was embroiled in controversy over "driving while black" and police tactics like asking hotel clerk to report guests who were "suspicious" because they had dreadlocks or spoke Spanish. "Because of the disproportionate involvement of minorities in these... arrests, civil rights groups have branded the whole process of highway drug enforcement as racist," he wrote. But when pressed during his nomination to head the state police, Fuentes disavowed that position and denied being an apologist for racial profiling.

Chronicle AM: MA Drug Lab Scandal Redux, PA MJ Support Strong and Rising, More... (9/22/17)

Pennsylvania support for marijuana legalization is strong and rising, Attorney General Sessions mixes drug and immigration policy, another federal court rules against Stingray, a second Massachusetts drug lab scandal could see thousands more cases dismissed, and more.

Massachusetts state drug testing labs continue to generate serious problems -- and thousands of case dismissals. (Wikimedia)
Marijuana Policy

California Will Issue Temporary Business Licenses. Regulators will introduce a temporary marijuana business licensing system to ensure a smooth start to regulated marijuana sales beginning on January 1, the state's top marijuana official announced Thursday. Businesses would only need to provide some "pretty basic information" for the temporary licenses, said Lori Ajax. The application will be available in early December, after temporary rulemaking is completed. "We don't have time to do regular rulemaking," she explained, adding that would come next year.

Pennsylvania Poll Shows Strong, Rising Support for Legalization. A Franklin & Marshall College poll released Thursday has support for marijuana legalization at 59%, with only 31% opposed and 9% undecided. The pro-legalization numbers are the highest ever in the poll, up three points since May and a whopping 19 points since June2015.

Immigration

Sessions Blames Lax Immigration Policies for Drug Gangs, Cartels. Attorney General Jeff Sessions used concerns over drug gangs and cartels to attack "loose" immigration policy in remarks in Boston Thursday. He specifically singled out MS-13 as an example, while failing to note the gang's origins among Salvadoran refugees fleeing a US-sponsored civil war there in the 1980s. He also attacked the Deferred Action for Childhood Arrivals (DACA) program, which offers protections to undocumented residents who were brought to the country as children. "The gangs use this program as a means to recruit members," Sessions said. "We cannot allow young people to be brought into this life of crime." Sessions did not mention that DACA participants are carefully vetted and must have no serious criminal records or that 90% of them are working or in college.

Law Enforcement

DC Court Latest to Rule Against Warrantless Stingray Searches. The DC Court of Appeals ruled Thursday that the warrantless use of a Stingray cell-site stimulator to monitor phone calls was unconstitutional. The ruling was only the latest in a string of recent federal appeals court judgments that ruled using the Stingray amounts to a search under the meaning of the Fourth Amendment. In the DC case, the court found the violation so egregious that it excluded all evidence derived from it, overturning the conviction of Prince Jones on drug charges.

ACLU Calls for Thousands More Massachusetts Drug Cases to Be Thrown Out in Drug Lab Scandals. Bay State judges have already dismissed more than 20,000 drug cases tainted by the misbehavior of state lab chemist Annie Dookhan, but now the ACLU is calling for judges and prosecutors to dismiss thousands more in a second case of lab tech misbehavior. Amherst state lab chemist Sonja Farak pleaded guilty in 2014 to stealing cocaine from the lab and admitted she was high nearly every day from 2004 to 2013 on cocaine, meth, and other stimulant drugs she pilfered from her job. The ACLU charges that prosecutors have sought to minimize Farak's misbehavior in a bid to preserve drug cases and convictions and failed to notify defendants that the evidence in their cases had been tainted. "Far worse than the Hinton scandal, the Amherst scandal combines a lab crisis with prosecutorial misconduct of unparalleled scope and irremediable consequence," the ACLU argued. "This latest systemic lapse in the justice system demands a most emphatic response." And that response would be mass dismissals.

International

Iceland Marijuana Legalization Bill Filed. Members of the Reform Party and the Pirate Party have banded together to file a bill that would legalize marijuana in the North Atlantic island nation. The bill would allow anyone 20 and over to possess and cultivate pot for personal use -- with a government permit. The bill would also allow retail sales and consumption lounges, but not at the same business.

Australia to See First Music Festival With On-Site Pill Testing. The Spilt Milk Festival in Canberra will provide on-site pill testing for attendees in a harm reduction move aimed at reducing overdoses and other bad drug interactions. The Australian Capital Territory government has given the okay for the project, which will be operated by the Safety Testing Advisory Service at Festivals and Events. That consortium consists of Harm Reduction Australia, the Australian Drug Observatory, the Noffs Foundation, DanceWize, and Students for Sensible Drug Policy.

Chronicle AM: Federal Judge Slams Indianapolis PD Car Seizures, More... (8/23/17)

It's slow in the dog days of August, but there is a bit of news out there: Indianapolis cops have to revise their vehicle seizure practices, Alaska regulators are seeking public comment on proposed on-site pot consumption regulations, and more.

Alaska wants to let pot buyers smoke their purchases where they got them. Public comments being sought now. (Sandra Yruel/DPA)
Marijuana Policy

Alaska Regulators Seek Public Comment on Onsite Marijuana Consumption. The state's Marijuana Control Board has created a draft proposal that would allow some pot shops to provide a space for on-premises consumption of products bought there. Now it's giving the public a chance to weigh in. People who want to comment have until October 27.

Nevada Gaming Commission to Discuss Marijuana-Related Issues. The state Gaming Commission will hold a special meeting Thursday to address problems the gambling industry may have to confront after the state legalized marijuana. The commission is likely to discuss ways to keep gaming companies from being associated with marijuana businesses, which are illegal under federal law.

Asset Forfeiture

Indiana Federal Judge Restricts Indianapolis Police Seizure Practices. The Indianapolis Metro Police Department may no longer hold seized vehicles for up to six months before deciding whether to file formal asset forfeiture paperwork, a federal district court judge ruled on Monday. The ruling came in a class action lawsuit challenging such seizures. "The Court concludes that the statutory provisions allowing for the seizure and retention of vehicles without providing an opportunity for an individual to challenge the pre-forfeiture deprivation are unconstitutional," US District Chief Judge Jane Magnus-Stinson ruled in remarks reported by The Indianapolis Star.

Harm Reduction

Kentucky First Responders Get Naloxone. Gov. Matt Bevin (R) joined officials from northern Kentucky and executives from Aetna to announce Wednesday that first responders in the northern and Appalachian regions will receive720 doses of the overdose reversal drug naloxone in a bid to prevent overdose deaths. Drug overdose deaths in the state were at record levels last year, up more than 7% over 2015.

Chronicle AM: AZ Forfeiture Challenge Advances, Paraguay MJ Production Surges, More... (8/22/17)

There is a boycott against a Los Angeles marijuana business expo over the presence of Roger Stone, Seattle safe injection site supporters sue to block a NIMBY initiative, a federal judge rules that an Arizona case challenging civil asset forfeiture can proceed, and more.

Roger Stone. The legalization-loving Trump confidant is sparking some pushback from the industry. (Wikimedia)
Marijuana Policy

Pot People Boycott Los Angeles Cannabis Expo Over Presence of Trump Confidant Roger Stone. Numerous speakers and exhibitors are boycotting the Cannabis World Congress and Business Exhibition set for September 13 because of the inclusion of former Trump campaign strategist and political dirty trickster Roger Stone. Led by the Minority Cannabis Business Association, more than 30 speakers and exhibitors have pulled out. There is also a Change.org petition calling on event organizers to drop Stone. "Inviting Mr. Stone to speak to the crowd, especially as we see the rise of overt racism and anti-semitism, is an affront to the very movement you purport to promote," the Change.org petition says.

Asset Forfeiture

Arizona Federal Court Rules Asset Forfeiture Challenge Can Proceed. Last Friday, a federal court ruled that a far-reaching lawsuit challenging the profit motive at the core of Arizona's civil asset forfeiture law can move forward because the plaintiff has properly asserted that policing for profit violates her constitutional rights. The case was filed by the ACLU, the ACLU of Arizona, and the law firm Perkins Coie on behalf of Pinal County resident Rhonda Cox, whose pickup truck was seized and kept by local law enforcement even though she was never convicted of a crime. "For too long, Arizona's civil asset forfeiture laws have motivated law enforcement officials to line their pockets rather than fight crime," said Emma Andersson, staff attorney with the ACLU's Criminal Law Reform Project. "The court's order is a huge step towards protecting our client from this perverse system that is fundamentally incompatible with the right to have due process before the government can deprive you of your property."

Harm Reduction

Seattle Safe Injection Site Supporters Sue to Block King County NIMBY Initiative. Safe injection site supporters have filed a lawsuit to invalidate an initiative that would ban the facility in suburban King County. Under a plan supported by local officials, the Seattle area would see two such facilities, one in the city and one in the county, but Initiative 27 would ban them in the county. In the lawsuit, site supporters argue that citizen initiatives should not override public health decisions. Unless the lawsuit, filed by a group called Protect Public Health, is successful, the initiative will go to voters in February. Initiative supporters had sought a November vote, but slow action by King County officials resulted in the initiative not being certified in time for a vote this year.

International

Paraguay Marijuana Production Surging. It's long been "the Mexico of South America," given its history of mass producing low-quality marijuana for consumption by wealthier neighbors, but a new report from the country's National Anti-Drug Secretariat says pot production is booming, and it blames poverty and a lack of viable substitute crops. Authorities there have seized 1.4 million pounds of pot this year, more than double what they seized last year.

Medical Marijuana Update

NIH awards a grant to study marijuana and opioid addiction, the head of the NBA hints at a more relaxed approach to pot, Utah activists are ready to begin signature-gathering for a medical marijuana initiative, and more.

National

Last Wednesday, the NIH awarded a grant to study marijuana and opioid addiction. The National Institute of Health last week awarded a $3.8 million grant to researchers at the Albert Einstein College of Medicine and Montefiore Health System to study the effects of medical marijuana on opioid use and addiction. The study will examine chronic pain patients suffering from HIV in hopes of developing rigorous evidence to back a growing number of anecdotal claims that marijuana can reduce the resort to opioid pain relievers and treat the associated pain.

On Sunday, the head of the NBA hinted at a new openness to examining medical marijuana. National Basketball Association (NBA) Commissioner Adam Silver, who has been a staunch foe of relaxing the league's marijuana policy, hinted on a recent trip to Israel that he may be changing his mind. When asked by a reporter about whether the NBA would follow the more pot-friendly NFL's lead, Silver responded thusly in remarks quoted by Uproxx: "I would say it's something we will look at," Silver said. "I'm very interested in the science when it comes to medical marijuana. My personal view is that it should be regulated in the same way that other medications are if the plan is to use it for pain management. And it's something that needs to be discussed with our Players Association, but to the extent that science demonstrates that there are effective uses for medical reasons, we'll be open to it. Hopefully there's not as much pain involved in our sport as some others, so there's not as much need for it."

Arkansas

Last Friday, state officials reported no grower or dispensary applications yet. With the state halfway through its application period for medical marijuana grow and dispensary licenses, state officials said that they had yet to receive any applications, but they weren't worried. "We are not concerned, as we understand the applications require detailed and specific information that will take time to complete," Department of Finance and Administration spokesman Scott Hardin told the Associated Press. "Applicants are likely performing their due diligence to provide quality applications." The deadline for applications is September 18.

Connecticut

Last Tuesday, a federal judge ruled a job applicant not hired because of medical marijuana can sue. A federal district court judge in New Haven ruled that a woman who was using medical marijuana in compliance with state law can sue an employer who rescinded her job offer after she tested positive for marijuana. The woman had previously disclosed her medical marijuana use and had quit her former job when, one day before she was supposed to begin her new job, the company notified her it was rescinding the offer. The ruling echoes one last month in Maine's Supreme Judicial Court, and may signal the beginning of judicial recognition of the employment rights of medical marijuana users.

Hawaii

Last Saturday, the state's first dispensary was temporarily shuttered by bureaucratic delays. Maui Grown Therapies, the state's first permitted medical marijuana dispensary, had to suspend sales just five days after opening due to supply issues because of delays at the Hawaii State Labs Division. The dispensary was set to begin sales to walk-in customers Monday, but now has to hold off until, it hopes, Wednesday.

Maryland

On Monday, regulators approved eight more cultivation licenses. The state's medical marijuana regulators on gave final approval for licenses for eight medical marijuana cultivation companies. Previously, only one grower had received a license. More growers are needed to provide product for the state's anticipated 102 dispensaries.

New York

Last Thursday, regulators proposed new regs to expand the medical marijuana program. The state Health Department has released new proposed regulations that would ease access to the program. Among the proposals are reducing security requirements for registered groups, shortening the length of the course doctors must take to be able to recommend medical marijuana, and allowing two more types of marijuana products to be sold.

Utah

Last Thursday, initiative backers got the okay to begin signature gathering. The Utah Patients Coalition has received permission from state officials to begin signature gathering for their medical marijuana initiative. The group will need 113,000 valid voter signatures before April 15, 2018.

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

Chronicle AM: CA Judge Rules for Growers, CT Judge Rules for Patient, More... (8/11/17)

Federal judges stuck up for California marijuana growers and a Connecticut medical marijuana patient, another Seattle suburb goes NIMBY on safe injection sites, and more.

Connecticut fed judge: Medical marijuana user denied job for positive drug test can sue. (Wikimedia.org)
Marijuana Policy

California Federal Judge Blocks Prosecution of Marijuana Growers. A federal district court judge in San Francisco ruled on Tuesday that federal prosecutors cannot move forward with their prosecution of two Humboldt County pot growers because the pair was in compliance with state laws. Judge Richard Seeborg held that the Rohrabacher-Farr amendment blocked such prosecutions, and the case is closed unless or until that amendment expires.

Nevada Opens Up Marijuana Distribution Rights. The state Department of Taxation concluded Thursday that there weren't enough liquor distributors who wanted to transport marijuana to pot shops and decided to open the business up to other potential distributors. "The capacity of only liquor wholesalers to serve the market seems lacking," said Deonne Contine, executive director of the tax department, in remarks reported by the Las Vegas Review-Journal. "I think the evidence is fairly clear today that this market needs to be opened up," she said.

Medical Marijuana

Connecticut Federal Judge Rules Employee Not Hired Because of Medical Marijuana Can Sue. A federal district court judge in New Haven ruled on Tuesday that a woman who was using medical marijuana in compliance with state law can sue an employer who rescinded her job offer after she tested positive for marijuana. The woman had previously disclosed her medical marijuana use and had quit her former job when, one day before she was supposed to begin her new job, the company notified her it was rescinding the offer. The ruling echoes one last month in Maine's Supreme Judicial Court, and may signal the beginning of judicial recognition of the employment rights of medical marijuana users.

Arkansas Hasn't Seen Any Grow or Dispensary Applications Yet. With the state halfway through its application period for medical marijuana grow and dispensary licenses, state officials said Friday that they had yet to receive any applications, but they weren't worried. "We are not concerned, as we understand the applications require detailed and specific information that will take time to complete," Department of Finance and Administration spokesman Scott Hardin told the Associated Press. "Applicants are likely performing their due diligence to provide quality applications." The deadline for applications is September 18.

Harm Reduction

Another Seattle Suburb Rejects Safe Injection Sites. The city council in south suburban Federal Way voted Tuesday night to ban safe injection sites in the city. The vote comes after a King County task force recommended opening two safe injection sites in the county, which includes Seattle. Another Seattle suburb, Bellevue, approved a similar NIMBY ban just days ago. One safe injection is set for Seattle; the other is supposed to open in one of the suburbs.

Drug War Issues

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