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Chronicle AM: MA Pot Shops to Open This Month, Coca Comes to Central America, More... (11/2/18)

A record number of gubernatorial candidates are endorsing marijuana legalization, Bay State pot shops will be open this month, cartels are experimenting with coca production in Central America, and more.

A cocaine lab discovered by Honduran authorities last year. (Honduran Prosecutor's Office)
Marijuana Policy

Record Number of Governor Candidates Call for Marijuana Legalization. A new analysis from Marijuana Moment finds that at least 21 major party gubernatorial candidates support legalizing marijuana, far more than any previous election cycle. But there are differences: Some candidates make legalization a centerpiece of their campaigns, while others embrace it only reluctantly or if pressed on the issue. For a list of those pro-legalization would-be governors, click on the link.

California Cities, Counties to Vote on Marijuana Taxes. More than two dozen cities and counties will have marijuana taxation proposals on their local ballots next week. Among the most controversial proposals is a San Francisco move to impose a 5% tax on gross sales receipts. That would come on top of the 15% state retail tax and the city's 8.75% sales tax, meaning pot sales would be taxed at a whopping 28.75%. The fear is the high levels of taxation will drive potential purchasers to the black market.

Massachusetts Legal Marijuana Sales to Begin This Month, State Says. The chairman of the state's Cannabis Control Commission said Thursday that legal marijuana sales would get underway "within the next week or two" after final inspections of pot shops are performed. "Everything is happening as quickly as we can," Chairman Steven Hoffman said. "There are no lags. We're working closely with the licensees so they understand the process. We're getting very close." It's been two years next week since Bay State voters approved marijuana legalization.

Medical Marijuana

First FDA-Approved Marijuana-Based Drug Now Available by Prescription. As of Thursday, the marijuana-based drug Epidiolex is now available by prescription in all 50 states. The FDA approved the drug in June, but manufacturer GW Pharmaceuticals had to wait for the DEA to reclassify its compounds out of Schedule I before it could begin selling it. That has now happened. Epidiolex is used for treating a rare form of epilepsy and a genetic btylerain dysfunction called Dravet syndrome, both of which can cause seizures.

International

Cocaine Production Beginning to Pop Up in Central America. Cocaine production is starting to pop up in Central America, a development that could bring the supply of the drug closer to the US. Officials in Guatemala and Honduras have found at least four separate coca plantings this year and last year. Although the total acreage involved -- about 125 acres -- is a tiny fraction of total coca planting, local officials said the fields constituted pilot projects by drug cartels exploring whether they can reduce transportation costs and risk by moving their product from major cocaine-producing countries to Central America.

(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 website. 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: NJ MJ Poll Shows Strong Support, IN Forfeiture Case Goes to Supreme Court, More... (10/31/18)

A new poll has support for marijuana legalization in New Jersey at 58%, Kansas gubernatorial candidates debate marijuana policy, truck drivers will face hair drug testing one of these years, and more.

Hair drug tests for truck drivers could be coming soon under an opioids bill signed into law this month. (Creative Commons)
Marijuana Policy

Kansas Gubernatorial Debate Highlights Sharp Differences on Marijuana Policy. In a pre-election debate Tuesday, gubernatorial candidates Kris Kobach (R) and Laura Kelly (D) differed on marijuana policy. Kobach said he opposed both medicinal and recreational marijuana while expressing some openness to using CBD. "With medical marijuana, I don't think the time is right," he said. Kelly said she supports marijuana legalization, and especially the legalization of medical marijuana. "There are many benefits for young children with severe seizure disorders and for end-of-life use," said Kelly. "It would also be incredibly helpful in helping to reduce the opioid crisis." She also called for sentencing reform for marijuana offenses. "We are destroying our families and costing the state of fortune," said Kelly. "We need treatment options, not incarceration." Independent candidate Greg Orman also said he supported legalization. The latest polls have the race between Kelly and Kobach too close to call.

New Jersey Poll Has Strong Support for Legalization. A new Rutgers Eagleton poll has support for marijuana legalization at 58% with only 37% opposed. Nearly four out of five of those supporting legalization said they viewed it as a social justice issue. The poll comes as the legislature tries to get its act together to advance marijuana legalization legislation next month.

Medical Marijuana

Michigan Judge Blocks Halloween Shutdown of Unlicensed Dispensaries. The same day state regulators ordered more than 200 unlicensed dispensaries to shut down by Wednesday, a Michigan judge blocked that order. Court of Claims Judge Stephen Borello granted a motion Tuesday that kills the state's latest attempt to shut down any medical marijuana dispensaries operating without a license. Borello issued a temporary injunction blocking the shutdowns and barring the state from imposing any other licensing deadlines until the court rules again.

Asset Forfeiture

Supreme Court to Hear Indiana Asset Forfeiture Case Next Month. The US Supreme Court will hear oral arguments on November 28 on whether Indiana officials in effect imposed "excessive fines" on a man who pleaded guilty to selling heroin by seizing his vehicle, which was valued at more than the maximum fine for his offense. Cops seized a $42,000 Land Rover belonging to Tyson Timbs, which he bought with an inheritance after his father's death. The maximum fine for dealing heroin in Indiana is $10,000..

Drug Testing

Congressional Opioid Bill Demands Hair Drug Testing for Truck Drivers. The omnibus opioid bill passed by Congress and signed into law by President Trump earlier this month calls for making progress on standards for hair drug testing of truck drivers. Drug testing of hair samples provides a much longer window to detect drug use than urine or blood tests. Hair testing was okayed in the 2015 FAST Act, but the Department of Homeland Security has so far failed to provide hair drug testing protocols. The new law requires DHS to provide guidelines and for the Substance Abuse and Mental Health Services Administration to report to Congress on progress in creating and issuing guidelines for hair drug testing.

(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 website. 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: OH Dem Governor Candidate Resorts to Drug War Rhetoric, More... (10/19/18)

Take the time to comment on how marijuana should be classified under international drug treaties, an Indiana legislative committee rejects medical marijuana, Ohio's Democratic gubernatorial candidate resorts to drug war rhetoric, and more.

Ohio Democratic gubernatorial candidate Richard Cordray is using drug war rhetoric. (consumerfinance.gov)
Marijuana Policy

You Can Comment on How Marijuana Should Be Classified Under International Treaties. The Food and Drug Administration is accepting public comment until October 31 on how marijuana should be classified under international drug treaties. The World Health Organization will meet next month in Geneva to consider "the legitimate use, harmful use, status of national control and potential impact of international control," of marijuana and other substances, including synthetic cannabinoids and fentanyl.

Illinois Democratic Legislators Plan New Legalization Bill Next Year. State Sen. Heather Sterns (D-Chicago) and state Rep. Kelly Cassidy (D-Chicago) told a Des Plaines town hall Wednesday they are planning to reintroduce a revised draft of their Cannabis Regulation and Taxation Act when the legislature reconvenes in January.

Medical Marijuana

Indiana Study Committee Doesn't Recommend Medical Marijuana Legalization. After hearing hours of testimony Thursday, the legislature's GOP-dominated interim study committee on public health rejected a recommendation to the full legislature that medical marijuana be legalized to treat chronic health conditions. The committee also rejected any further study of medical marijuana. But one Republican lawmaker, state Rep. Jim Lucas (R-Seymour) said he planned to file a medical marijuana bill next year anyway. "I'm going to make it my mission as a legislator, as a fellow Hoosier, to make sure that this issue moves forward," Lucas said.

Drug Policy

Ohio Democratic Gubernatorial Candidate Resorts to "Tough on Drugs" Rhetoric. Democratic gubernatorial nominee Richard Cordray is resorting to old school war on drugs rhetoric as the clock ticks down on his tight race with Republican Mike DeWine winds down. Cordray has released a new ad featuring an Ohio sheriff boasting that Cordray "has called for longer sentences for drug dealers." The ad is true: Cordray has said that, as governor, he "will work with law enforcement to make sure drug dealers are convicted and serve long prison sentences." He's still not as pro-drug war as DeWine, who also wants longer sentences for drug dealers, but who opposes the state's Issue 1 ballot initiative that would defelonize drug possession. Cordray supports that.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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: PA US Attorney's SIJ Warning, Malaysia MedMJ Death Penalty Lifted, More... (10/15/2018)

The US Attorney for Eastern Pennsylvania tries to scare away a proposed safe injection site in Philadelphia, Malaysia's cabinet puts a "moratorium" on the death sentence for a medical marijuana provider -- and the country is likely to end the death penalty as a whole because of the case -- and more.

The specter of a safe injection like Vancouver's InSite in Philadelphia garners a warning from the federal prosecutor. (CC)
Marijuana Policy

Washington State Regulators Put Temporary Hold on Pot Candy Ban. The State Liquor and Control Board last week announced a ban on certain marijuana-infused candies, but now says it will hold off on the ban for a month in order to allow marijuana industry groups to present alternative rules. The board will now accept public comment for 30 days before taking up the ban again.

Wisconsin Senate Candidates Clash Over Marijuana Policy. US Senator Tammy Baldwin (D) and her Republican challenger, Leah Vukmir, clashed over marijuana policy during a debate Saturday night. Baldwin said she would support changing marijuana from Schedule I to Schedule II to allow the drug to be researched for medical purposes. Vukmir responded by that it was "concerning" that Baldwin would support legalization (Editor's Note: She didn't). She also called marijuana highly addictive and suggested it would worsen the opioid crisis.

Harm Reduction

Philadelphia US Attorney Warns on Safe Injection Sites. The US attorney for the Eastern District of Pennsylvania, William McSwain, warned Saturday against the city moving forward with plans for a safe injection site. "This sort of facility that is being proposed is illegal under federal law," he said. He added that his office is reviewing possible options to stop it, including court orders, blocking the opening of the facility, and even possibly arrests and prosecutions. "Nobody is above the law -- and by that I mean nobody," McSwain said. "I mean the leaders who would be involved in setting up this proposed deadly drug-injection site, the board members… the city officials who would be involved in supporting it, the medical personnel who might be staffing it or the folks who might be using the drugs."

International

Malaysia Medical Marijuana Distributor Death Sentence on Hold as Case Prompts Likely End to Death Penalty Entirely. The Malaysian cabinet has agreed to place a moratorium on the death sentence for Muhammed Lukman, who was convicted of possessing, processing, and distributing cannabis oil. "As a consensus, we agreed that it (death penalty) should not have been imposed. At the same time, we have also agreed to put a moratorium on his death penalty," Youth and Sports Minister Syed Saddiq told reporters.

But that's not all. The case has catalyzed a likely end to the death penalty in Malaysia entirely, with political figures up through the Prime Minister calling for it. Saddiq said about the issue, "[I]t's two accounts. One is the death penalty as a whole, which will be taken down. And second, at the same time, the usage of medical marijuana should never be punished by death penalty." He also said the Cabinet had agreed that patients who used medical marijuana should never be punished by the law.

Lukman was arrested in December 2015 for possessing 3.1 liters of cannabis oil, 279 grams of compressed cannabis, and 1.4 kilograms of "substance containing tetrahydrocannabinol (THC)."

(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 website. 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: No MedMJ for Vets This Year, Senate Takes Up Opioid Package, More.... (9/11/18)

A congressional conference committee has killed medical marijuana for veterans, the Senate is set to take up a package of opioid bills, the West African Commission on Drugs releases a model law for drug decriminalization, and more.

West African Commission on Drugs founder Kofi Annan. He may be gone, but his work lives on. (Creative Commons)
Marijuana Policy

California Governor Vetoes Mandatory Minimum Penalties for Pot Shops That Sell to Minors. Gov. Jerry Brown (D) on Monday vetoed a bill that set mandatory minimum penalties for marijuana shops caught selling weed to minors. The bill would have imposed mandatory 15-day license suspensions for a first offense, 25-day suspensions for a second, and revocation for a third offense. But "this bill is not necessary," Brown said. "The bureau already has the authority to revoke, suspend, and assess fines if a licensee sells to a minor."

Medical Marijuana

Congress Removes Military Veteran Medical Marijuana Provision from Funding Bill. A conference committee working on final details for the Veterans Affairs appropriations bill has decided not to include a provision allowing VA doctors to recommend medical marijuana to veterans. The Senate bill included the provision, but the House version did not. Two years ago, both houses passed VA spending bills that included versions of the provision, but that, too, was excised in conference committee.

Heroin and Prescription Opioids

Senate Expected to Vote on Opioid Legislation This Week. Senate leaders announced late last week they had reached an agreement to bring a package of bills aimed at the opioid crisis to a Senate floor vote this week. The Senate will consider a substitute amendment to the opioids package that passed the House in June. Progress had stalled over Democratic concerns that a grant program would benefit only one addiction advocacy group. That has now changed. There remains a divergence between the House and Senate packages regarding requirements for Medicaid to cover treatment at more inpatient facilities and loosening privacy protections for medical records for substance abuse patients.

Sentencing Policy

Ohio Governor Candidates Clash Over Drug Possession Defelonization Initiative. Buckeye State voters will have a chance to vote to defelonize drug possession in November with the Issue 1 constitutional amendment initiative. The amendment would also bar any jail time for a first or second offense within 24 months. Mike DeWine, the Republican candidate for governor, opposes it, saying it "takes vital tools away from judges." Democratic candidate for governor Richard Cordray, however, supports it, saying its passage would "set the way toward a policy of being smart on crime in the future, smart on how we use taxpayers' dollars, smart on how we build people's potential to be productive citizens in our society."

International

Expert Group Publish Blueprint for West Africa Drug Decriminalization. The West Africa Commission on Drugs has published a "model law" for decriminalizing drug possession and reducing related harms in West Africa. The commission is currently chaired by former Nigerian President Olusegun Obasanjo, who said on Tuesday: "West Africa faces three dangers from drugs: organized crime, corruption, and harms to people who use drugs. Our current laws increase those harms rather than help,"

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 website. 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: OK Legalization Init Looks Less Likely, Ted Cruz Attack Backfires, More... (8/7/18)

The Oklahoma marijuana legalization initiative has far fewer signatures than organizers claimed last week, marijuana is seeping into congressional and senatorial campaigns, and more.

Texas Congressman Beto O'Rourke raked in big campaign bucks after Ted Cruz accused him of being a drug legalizer. (Flickr)
Marijuana Policy

Ted Cruz Attack Ads Backfire as Beto O'Rourke Has Huge Fundraising Weekend. Incumbent Sen. Ted Cruz (R) last Friday released a trio of ads attacking Democratic challenger Rep. Beto O'Rourke, including one that claimed O'Rourke said "we should consider legalizing all narcotics, including heroin." O'Rourke supports marijuana legalization and, as an El Paso city council member, called in 2009 for a discussion about ending the drug war, including drug legalization, which is distinct from endorsing drug legalization. In the wake of the Cruz attack ads, though, O'Rourke reported raising $1.2 million over the weekend from some 39,000 grassroots contributions.

Oklahoma Legalization Initiative Looks Less Likely. Last week, Green the Vote, the group behind the State Question 797 legalization initiative, claimed it had more than 132,000 raw signatures -- slightly more than the number of valid voter signatures needed to qualify for the November ballot -- but the group admitted Tuesday morning that the actual raw signature count was actually around 75,000. The deadline for handing in signatures is Wednesday. "I've been working 24 hours a day to bring in those signatures to try to make up for it so that I wouldn't be letting you down, and I understand I have let you down," Green the Vote's Isaac Caviness said. "No matter what -- if we have the signatures, if we don't have the signatures -- I have let you down, and I accept that."

Wisconsin US Rep. Sean Duffy Slams Democratic Opponents Over Marijuana Legalization. Incumbent Rep. Sean Duffy (R-WI) is attempting to use support for marijuana law reform as a cudgel with which to attack his Democratic opponents. Both 7th District Democratic primary contenders, Margaret Engebretson and Brian Ewart, have come out in support of marijuana legalization. When asked about his reaction, Duffy responded thusly: "I'm the father of eight kids and as a former prosecutor and now a congressman, I see what's happening in America with a drug epidemic, from opioids to meth to heroin. I think marijuana is a gateway drug to these other drugs," Duffy said.

Medical Marijuana

Oklahoma Governor Signs Revised Emergency Rules for Medical Marijuana. Gov. Mary Fallin (R) on Monday signed a revised set of emergency regulations to govern medical marijuana use in the state. The first attempt at emergency rules blew up in Fallin's and the state Health Department's face, being widely criticized for provisions banning the sale of medical marijuana, requiring a pharmacist to be present in dispensaries, and requiring that women "of child-bearing age" undergo a pregnancy test. None of those provisions remain in the new rules, which Fallin called "very basic" and a good basis for developing a comprehensive regulatory regime.

(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 website. 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: Key NJ Pol Now Supports Legal Pot, UK Drug Deaths Spark Criticism, More... (8/6/18)

New Jersey's assembly speaker gets behind marijuana legalization, Ted Cruz attacks Beto O'Rourke as a drug legalizer, record-breaking British drug deaths spark a critique of government drug policy, and more.

Fentanyl deaths nearly doubled last year in Great Britain. (Creative Commons)
Marijuana Policy

Key New Jersey Politico Now Supports Marijuana Legalization. Assembly Speaker Chris Coughlin (D-Middlesex), a key player in the legislature, said Friday he supported making the state the next one to legalize marijuana. Both Gov. Phil Murphy (D) and Senate President Stephen Sweeney (D-Gloucester) have both been more enthusiastic about legalization than Coughlin up until now. "For folks who don't want to legalize it, I understand their view. But I would ask, are we satisfied with the status quo," Coughlin said on his regular "Speak to the Speaker" radio program. "Use of marijuana is still a constant. Three out of five drug arrests are for marijuana. African Americans are three times more likely to get arrested for marijuana," Coughlin said. "We're trying to address those things and I think, if you got the right bill, we'll go ahead and try to pass it."

Medical Marijuana

Ohio Awards First Medical Marijuana Processing Licenses. The state Department of Commerce on Friday issued seven provisional licenses to aspiring medical marijuana processors. This is just the first round of licensing for processors; the state could license up to 40 such operations.

Drug Policy

Ted Cruz Attack Ad Slams Beto O'Rourke as Drug Legalizer. With the underdog Democrat nipping at his heels -- a recent poll has the Texas senate race as a statistical dead heat -- incumbent GOP Sen. Ted Cruz is using an ad that accuses O'Rourke of being a drug legalizer. "Beto O'Rourke said we should consider legalizing all narcotics, including heroin," says one ad running in Lubbock. The O'Rouke campaign said that is not true -- that O'Rourke supports marijuana legalization and says we need a larger discussion about ending the war on drugs. The campaign also warned supporters more than a month ago such attacks would be forthcoming. "It is these kinds of mischaracterizations of our positions, preying on the fears and anxieties of our fellow Texans, that they will try to use as they have used in the past," O'Rourke said on June 29.

International

British Drug Deaths at Record High (Again), Fentanyl Toll Doubles. The British government has reported 3,756 drug deaths in 2017, making the year the fifth in a row to see increases in drug deaths. The 2017 figure is the highest since comparable records began in 1993. The most dramatic drug death increases were around fentanyl and its analogs, which nearly doubled in the space of a year.

British Reform Advocates Rip Government Policies over Drug Deaths. "After five years of record or near-record drug-related deaths, the UK Government has nowhere left to hide. They are responsible for vulnerable people dying in droves, because they are blocking, or refusing to fund, measures proven to save lives in other countries," said Martin Powell of the Transform Drug Policy Foundation. "No one has ever died from an overdose in a supervised drug consumption room or heroin prescribing clinic, anywhere. In Portugal -- where drug use is decriminalized -- the drug death rate is less than a tenth of ours. So Government claims that these deaths are all the result of an aging population of drug users is a lie. The Government must fully fund drug treatment, stop criminalizing people who use drugs, and allow supervised drug consumption rooms now. Longer term, all political parties should back legal regulation of the drug market to take it out of the hands of criminals, save lives, reduce crime, and protect our communities." Also commenting was Rose Humphries of the Anyone's Child Project, who lost two sons to heroin overdoses: "It upsets me to see the figures for drug deaths at record levels year after year. The government is complicit in these deaths because it will not try the successful measures that work in other countries to reduce drug deaths and crime. Those of us in the Anyone's Child campaign can see the evidence of what works -- including legally regulating drugs. Why can't the government?" she asked.

(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 website. 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.)

Why Marijuana Will Play a Major Role in the Next Two National Elections [FEATURE]

Last week, the San Jose Convention Center hosted the National Cannabis Industry Association's (NCIA) 2018 Cannabis Business Summit and Expo. More than 7,000 marijuana industry players and hopefuls crammed into exhibition halls and conference rooms for the three-day confab, located squarely in the heart of the world's largest legal marijuana market -- California.

The variety of stuff on display was mind-boggling: Armored cars, safes, "California compliant" marijuana delivery vans, multi-thousand-dollar extraction devices of gleaming metal and shining glass, lighting systems, cooling systems, myriad forms of packaging, business management systems, POS systems, cannabis industry talent headhunters, greenhouses, modular grow fixtures, insurance companies, law firms, real estate firms -- vegan CBD gummies -- and much, much more. And while a few tie-dyes could be spotted in the crowds, they were few and far between.

While for most attendees the expo was all about business, the legal marijuana business still has to ponder the specter of federal marijuana prohibition actually being enforced. And even at the state level -- where the industry can make money -- it is still constrained by the annoying fact that adult use marijuana is only legal in nine states and the District of Columbia. One panel of experienced marijuana watchers zoomed in on the politics of pot law reform to try to divine what the near future holds -- not so much for the industry, but in terms of consolidating the political victories that have already seen marijuana move from the back alleys to, well, shiny big city convention centers.

The discussion among panelists NCIA director of governmental relations Mike Correia; Jolene Forman, staff attorney for the Drug Policy Alliance; and John Hudak, deputy director of the Center for Effective Public Management and a senior fellow in governance studies at the Brookings Institute, covered a variety of topics and sketched the outlines of what pot politics could look like and achieve between now and the 2020 elections.

Federal Legislation

DPA attorney Forman pointed to three pieces of federal marijuana legislation:

  • The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, S. 3032, sponsored by Sen. Elizabeth Warren (D-MA) with five Republican and four Democratic cosponsors. The bill would modify the Controlled Substances Act so that it would not apply to people acting in compliance with state laws in states where it is legal.
  • The Marijuana Freedom and Opportunity Act, S. 3174, sponsored by Senate Minority Leader Chuck Schumer (D-NY). The bill would federally decriminalize marijuana by removing it from Schedule I of the Controlled Substances Act.
  • The Marijuana Justice Act, S. 1689, sponsored by Sen. Cory Booker (D-NJ) and cosponsored by a virtual who's who of Democratic 2020 presidential contenders, including Sens. Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Bernie Sanders (I-VT), and Elizabeth Warren (D-MA). It would remove marijuana from Schedule I of the Controlled Substance Act and eliminate federal criminal penalties for marijuana commerce.

While both the Schumer bill and the Booker bill would decriminalize marijuana, the STATES Act, which would only apply in places it's already legal, is more likely to gain traction, said Forman, a position seconded by Correia.

"The STATES Act is most likely to move," said Correia, who spends his days haunting the corridors of power on Capitol Hill as he lobbies for the industry. "Congress is incremental."

Movement could come faster if Democrats take the House or Senate, he said. "Maybe the Democrats will be more aggressive," Correia suggested, drawing a comparison with movement on gay and lesbian issues in recent years.

Not so fast, said Hudak, noting that key congressional committee chairs have bottled up marijuana bills so far. "Until both parties stop putting in foes of reform in leadership positions, there will be no progress," he said. "And it's not just the GOP." (Until a few months ago he might have been referring to Sen. Dianne Feinstein, who represents the world's largest legal pot market but who only dropped her opposition to legalization last May in the face of a primary challenge and is only beginning to shed last century's prohibitionist ideology.)

There is no reason for Democrats to put enemies of reform in leadership positions, Hudak said. "Cannabis is already a Democratic core value."

"Marijuana legalization could pass Congress right now," Correia argued, "but it doesn't get any hearings; it doesn't get any votes."

If Congress Fails to Act

DPA's Forman explained that while it is now clear that states have the right to not criminalize marijuana and not enforce federal prohibition, a hostile Justice Department could still potentially wreak havoc.

"What is untested in the courts is whether federal preemption could block regulation," she said. In other words, it's possible that the Justice Department could blow up states' ability to tax and regulate the industry.

Forman noted that medical marijuana states are currently protected from Justice Department interference by the repeated passage of amendments to spending bills blocking the DOJ from using its funds to go after medical marijuana where it is legal.

"We need the same for adult use," she said.

Without legislation protecting marijuana, "the executive branch can do things, it could be more aggressive," said Hudak. But he added that doing so would have a price. "That could affect the department's working relationship with the states," he warned.

Correia thought Justice Department meddling was unlikely, despite Jeff Sessions' druthers. "It makes zero sense politically to interfere," he argued, pointing to marijuana's popularity in opinion polls.

Hudak pointed out a possible flip side to a hostile executive power. "A reform-minded president could do a lot," he said, perhaps thinking of the Obama administration's Cole memo laying out how federal prosecutors would lay off legal marijuana in the states. Despite Sessions having nullified the Cole memo, it still seems to be largely the approach of the land.

The 2018 Midterms

"This is an exciting year for cannabis policy politics," said Hudak, pointing to the example of Texas, where progressive Democratic challenger and legalization advocate Rep. Beto O'Rourke is closing in on incumbent Sen. Ted Cruz (R).

"Beto is getting close to Cruz, and the whole time, he's screaming about his support for cannabis reform. That's transformational," he said. "Politicians lag behind; they've been terrified of this issue. Now it's politically beneficial. If you're against cannabis, the best thing to do is shut up about it. Nobody is with you."

It's still an uphill battle in Texas, though. Cruz is leading O'Rourke by 8.4 points in the Real Clear Politics average of polls. But that's only half as much as Cruz's 16-point victory in his 2012 Senate race, and O'Rourke has three more months to move up. And just today, a new Texas Lyceum poll had Cruz leading only 41% to 39%, well within the poll's margin of error.

According to Correia, trying to work with Republicans on Capitol Hill has led to lessons learned: "We see no point in trying to work with the GOP any longer," he said. "We'll be giving money to challengers in competitive races. The Democrats are thinking about this; they will run on marijuana."

The 2020 Election

It looks like marijuana is going to be a popular issue in 2020 -- or at least the people thinking about running for the Democratic presidential nomination seem to think so.

"Potential Democratic candidates are getting their names on big pot bills," Forman noted.

Marijuana is also likely to be on state ballots in 2020, and that will be good for Democrats, said Hudak.

"There will be more initiatives, and those drive Democratic turnout," he argued. "In 2012, Democrats in Colorado voted for cannabis -- and for president, too. Democratic politicians are seeing this."

But Correia said the current president could be a wild card here (as in so many other places): "Trump might just decide to steal the issue, to take it off the table."

Given that Trump has signaled support for the STATES Act, and given Trump's willingness to adopt any position if he thinks it brings him political gain, that's not impossible. And it would take some immeasurable oomph out of Democratic sails.

The Next States to Legalize

Michigan will vote on a legalization initiative in November, and there will be efforts in Arizona and Ohio in 2020, the panelists said. But grassroots initiatives could also bubble up in places like North Dakota and Oklahoma, both of which saw serious efforts this year that will almost certainly not make the November ballot but do lay the groundwork for the next cycle.

Vermont became the first state to free the weed via the legislative process (although it does not allow retail sales), but Correia sketched out how the next couple of years could see Connecticut, Delaware, Illinois, Maryland, New Jersey, New York, and Rhode Island fall in line behind it. By the time November 2020 rolls around, most of New England and the mid-Atlantic states could be legal, with Illinois and Michigan creating a major toehold in the heart of the Midwest.

When it comes to marijuana policy and ending pot prohibition, it looks to be a very interesting and fruitful next couple of years.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: OK Legalizes MedMJ, Colombia Drug War Could Be Gearing Up, More... (6/27/18)

Oklahoma voters pass a very progressive medical marijuana initiative, legalizers win the Democratic gubernatorial nominations in Colorado and Maryland, Maine passes a major medical marijuana overhaul, and, with rightists now in power in Washington and Bogota, it looks like a new drug war is looming in Colombia.

Cocaine supply is at record levels and Colombia's newly elected president wants to do something about it. (CBP)
Marijuana Policy

Marijuana Legalizers Win Democratic Gubernatorial Nominations in Two States. Colorado US Rep. Jared Polis, a leading congressional proponent of marijuana legalization, won the nomination in his state, while former NAACP head Ben Jealous, who has also called for marijuana legalization, won the nomination in Maryland.

Florida Medical Marijuana Proponent Now Wants 2020 Legalization Initiative. Orlando attorney John Morgan, the man behind the state's successful 2016 medical marijuana initiative, now says he wants to put a legalization initiative on the 2020 ballot. It would "pass overwhelmingly," Morgan said. The longtime Democratic fundraiser pointed to President Trump's recent comments on marijuana: "And I believe in light of President Trump's position, America is ready and willing."

Texas Poll Has Narrow Majority for Legalization. More than half of Texas registered voters polled in the newest University of Texas/Texas Tribune poll support legalizing marijuana. Some 53% said they favored legalizing either small amounts (30%) or any amount (23%). Another 31% would support legalizing medical marijuana, leaving only 16% against legalizing marijuana in any form. A much larger majority -- 69% -- supported reduced penalties for the possession of small amounts.

Medical Marijuana

Maine Legislature Passes Medical Marijuana Overhaul. The legislature has passed a sweeping overhaul of the state's medical marijuana program. The bill removes current qualifying conditions and allows doctors to recommend medical marijuana for any ailment and allows caregivers to expand their operations in exchange for tighter regulations. The bill now goes to the desk of Gov. Paul LePage.

Oklahoma Legalizes Medical Marijuana. One of the reddest of red states went green on Tuesday. Voters in Oklahoma approved a remarkably progressive medical marijuana initiative by a healthy margin of 56% to 43%. The initiative, State Question 778, allows registered patients to possess up to three ounces of marijuana anywhere and up to eight ounces at home. Patients also have the right to grow up to six mature and six immature plants or have designated caregivers do it for them. It also creates a system of licensed dispensaries, cultivation, and processing facilities and sets taxes at a relatively low 7%. The initiative also bars localities from using zoning laws to block dispensaries (although they wouldn't be allowed within 1,000 feet of a school). But what is most striking about Question 778 is that it does not restrict access to medical marijuana to a list of qualifying conditions. In fact, the initiative language explicitly states that "[T]here are no qualifying conditions" and that the only limitation on a doctor's recommending medical marijuana is that it must be done "according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication."

Harm Reduction

Ohio Officials Dragging Feet on Federal Needle Exchange Funds, Advocates Charge. The advocacy group Harm Reduction Ohio is accusing the state Health Department of using a bureaucratic delaying tactic to prevent needle exchange programs from accessing any of the funds the state is expected to receive for HIV prevention. Group head Dennis Cauchon said the department is failing to submit a necessary form to the federal Centers for Disease Control and Prevention. "Preventing HIV, hepatitis and drug overdoses are crucial health measures and save massive amounts of money and treatment," Cauchon wrote. Surrounding states submitted the necessary paperwork in 2016, he noted. "The Ohio Department of Health's refusal to support this would be nothing short of reckless, irresponsible and ignorant."

International

UNODC Says Cocaine, Opium Supplies at Record Levels. In its 2018 World Drug Report released Tuesday, the UN Office on Drugs and Crime (UNODC) reported that both cocaine and opium supplies were at their highest ever recorded levels last year. UNODC also described the non-medical use of prescription opioids, such as fentanyl, as a major threat to public health. "Drug markets are expanding, with cocaine and opium production hitting absolute record highs, presenting multiple challenges on multiple fronts," said UNODC Executive Director Yury Fedotov in a statement. "The real problematic issues for us have been the increase in opium production in Afghanistan and the massive increase in cocaine production, particularly because of Colombia," added Thomas Pietschmann, a drug research expert at the UNODC, and one of the lead authors of the report.

Colombia's New Rightist President-Elect Welcomes Trump's Support in New War on Drugs. President-elect Ivan Duque said Monday he welcomed Donald Trump's support for his agenda of a "head-on fight against drug trafficking" during a congratulatory phone call from the US leader. "Today I received a call from the US president where he congratulated us for the results achieved in the last elections and also his commitment to support our security, justice agenda, our agenda of a head-on fight against drug trafficking," Duque told reporters. The US wants Duque to clamp down hard on coca cultivation, which is at record levels. During the campaign, Duque vowed to reinstate the forced eradication of coca crops and the aerial spraying of herbicides over coca farms.

Colombia's Outgoing President Authorizes Use of Drones for Aerial Coca Eradication. Outgoing President Juan Manuel Santos on Tuesday authorized the use of drones to spray herbicides on coca crops. The move comes a day after the US said Colombian coca cultivation had increased 11% last year and cocaine production jumped 19%. Santos' government suspended aerial eradication of coca crops with glyphosate in 2015 after the World Health Organization linked it to cancer. Using low-flying drones would limit the dangers associated with glyphosate, he said.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: FDA Approves First Marijuana Drug, Mexican Ire Over Border Policy, More... (6/25/18)

The first marijuana-based drug is approved by the FDA, Oklahoma votes on medical marijuana tomorrow, Trump's border politics are raising ire and threatening cooperation in Mexico, and more.

Trump's immigration policies are threatening Mexican cooperation with the drug war and other security issues. (Creative Commons)
Marijuana Policy

Massachusetts Attorney General Wants to Let Localities Extend Marijuana Business Moratoria for Another Year. Attorney General Martha Healey wants to let municipalities extend marijuana business moratoria for twice the time she originally said they needed. She had previously said the moratoria could only last for a year but now wants to double that to two years. The Marijuana Policy Project isn't on board with that: Towns have zoned for tobacco, alcohol, and pharmaceuticals for years," said MPP's Jim Borghesani. "It is a fiction that they need more time to figure out how to zone for cannabis. The only people who will benefit from Maura Healey's ruling are the criminals who have controlled cannabis sales for decades." About 160 cities and towns have a moratorium of some sort in place, most of which were set to expire at the end of the year.

Medical Marijuana

FDA Approves First Marijuana-Based Drug. The Food and Drug Administration has approved GW Pharmaceutical's epilepsy drug Epidiolex. The drug is approved for use in patients two years and older with Dravet Syndrome and Lennox-Gastaut Syndrome, both rare and treatment-resistant forms of epilepsy. "This approval serves as a reminder that advancing sound development programs that properly evaluate active ingredients contained in marijuana can lead to important medical therapies," said FDA Commissioner Scott Gottlieb.

Oklahoma Votes on Medical Marijuana Initiative Tuesday. Sooner voters will go to the polls tomorrow to cast their verdict on State Question 788, an initiative that would create a full-fledged medical marijuana program in the state. Democratic voters will also have a chance to vote for former state Sen. Connie Johnson, one of the state's leading medical marijuana proponents, who is seeking the Democratic gubernatorial nomination.

Foreign Policy

Colombia Cocaine Production Levels "Unacceptable," US Says. Head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Jim Carroll said Monday that the record level of cocaine production in Colombia is "unacceptable" and blamed increased supply for pushing increased levels of cocaine use in the US. Given that Colombia's newly elected president, Ivan Duque, is a drug war hard-liner -- a shift from the policies of former President Santos -- Colombia is likely to return to pre-Santos policies attacking coca production, including aerial fumigation.

Citing Immigration Policy, Mexican Legislators Call for End to Security Cooperation With US. Mexican lawmakers last week proposed ending cooperation with the US on immigration, counterterrorism, and fighting organized crime (drug trafficking) "as long as President Donald Trump does not act with the respect that migrants deserve." The proposal came from the Congress's Permanent Commission, which meets while Congress is in recess. The lawmakers asked the presidency to "consider the possibility of withdrawing from any bilateral cooperation scheme" with the US on these issues.

International

Russia Poll Finds Very Strong Opposition to Legalizing Soft Drugs. An annual poll conducted by the research firm VTsIOM has 89% of respondents opposing to legalizing "soft drugs," a term generally considered to refer to marijuana. The numbers are in line with poll results from other years, ranging from 85% in 2004 to 93% last year.

Russia Says Canada's Marijuana Legalization Violates International Law. The Russian Foreign Ministry said last Thursday that Canada is violating international drug control treaties by legalizing marijuana. Those treaties do not allow for "flexible interpretation," the ministry said, adding that it expected other Western countries to chastise Canada. "We expect, that Canada's 'arbitrariness' will merit a response from its G7 partners, since this group has repeatedly declared its commitment to the rule of law in interstate relations," the ministry said.

(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.)

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