Marijuana Legalization

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Chronicle AM: Supreme Court Hears IN Seizure Case, Filipino Cops Jailed for Drug War Crimes, More... (11/29/18)

The Supreme Court heard oral arguments in an Indiana asset forfeiture case, outgoing marijuana reform roadblock Rep. Pete Sessions (R-TX) has done it again, a North Carolina "decrim" bill gets filed, and more.

Three Philippine police are jailed for murder, marking a first in Rodrigo Duterte's bloody drug war. (Creative Commons)
Marijuana Policy

Pete Sessions Blocks Another Federal Pot Bill. Rep. Pete Sessions (R-TX) has consistently used his position as chair of the House Rules Committee to block marijuana reform measures, and he did it again Wednesday. This time he blocked an amendment from Rep. Jared Polis (D-CO) that aimed at providing tax relief for legal marijuana businesses. But Sessions' career as reform roadblock is coming to an end; he was defeated in the November midterms. Incoming Rules Committee Chairman Rep. James McGovern (D-MA) has already promised to allow marijuana amendments to move when he takes over in January.

North Carolina Legislators File Bill to Decriminalize Up to Four Ounces. Four legislators have co-sponsored a bill, S 791, which would essentially decriminalize the possession of up to four ounces of marijuana. Possession would remain a misdemeanor, but with no possible jail sentence, and the bill includes language that would allow people convicted of possessing less than four ounces to petition for expungement, which would be automatic if the amount actually was under four ounces.

Asset Forfeiture

Supreme Court Oral Arguments Suggest Indiana Will Be Slapped Down in Asset Forfeiture Case. The Supreme Court heard oral arguments Wednesday in the case of an Indiana man whose $42,000 Land Rover was seized after he pleaded guilty to small-scale heroin sales, and the justices' questioning strongly suggested they would rule against the state. The legal argument is whether the 8th Amendment's provisions against "excessive fines" applies to civil asset forfeiture at the state level. The case is Timbs v. Indiana.

Harm Reduction

San Diego Judge Orders Preliminary Injunction Closing Orange County Needle Exchange Program. A San Diego judge has issued a temporary injunction to shut down a mobile syringe exchange program run by the Orange County Needle Exchange Program (OCNEP), which is being sued by Orange County. A ruling issued in California Superior Court on Tuesday bars the mobile program from operating until a trial is held sometime in January 2019.

International

Brazilian Lawmakers Approve Medical Marijuana Bill. A bill that would allow the cultivation and use of marijuana for medical reasons was approved by a Senate committee on Wednesday. Patients with doctors' prescriptions would be able to grow, possess, and consume the drug. The Senate Social Affairs Committee advanced the bill, but it now has to be approved by the Commission on Constitution and Justice before going to a Senate floor vote. If it passes the Senate, it must then be approved by the Chamber of Deputies and signed by incoming President Jair Bolsonaro, who opposes legalization and has espoused a harsh approach to drugs.

Philippine Court Sentences Three Cops for Drug War Murder of Teen. The Caloocan City regional trial court on Thursday sentenced three police officers found guilty of murdering a 17-year-old high school student to 40 years in prison. They were the first police to be convicted in President Rodrigo Duterte's bloody war on drugs. "A shoot first, think later attitude can never be countenanced in a civilized society. Never has homicide or murder been a function of law enforcement. The public peace is never predicated on the cost of human life," said the ruling by Judge Roldolfo Azucena.

Chronicle AM: First Step Act Fight Continues, MI Gets Legal Marijuana December 6, More... (11/28/18)

Senate Republicans are trying to find a way to keep the First Step Act alive, marijuana use and possession becomes legal in Michigan next week, and more.

Will the First Step Act get a Senate vote this year? And if it does, will it pass? Stay tuned. (ussc.gov)
Marijuana Policy

Michigan Marijuana Legalization Goes into Effect December 6. As of a week from tomorrow, it will be legal to possess and use small amounts of marijuana. But it will probably take until sometime in 2020 for pot shops to open for business. The state says it will start taking business applications late in 2019.

Medical Marijuana

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

Psychedelics

Oregon Attorney General Approves Psilocybin Ballot Measure Language. An initiative that would allow licensed medical professionals to administer psilocybin for therapeutic purposes has had its ballot language approved. The next step is signature-gathering to get the measure on the 2020 ballot. The measure will need 140,000 valid voter signatures to qualify.

Drug Treatment

Massachusetts Federal Court Judge Orders Jail to Provide Methadone. A federal court in Massachusetts granted a preliminary injunction this week, requiring that the plaintiff in the case be provided continued access to methadone treatment for his opioid use disorder while incarcerated. The ruling requires a jail in Essex County to provide medication-assisted treatment (MAT) to a man who is about to be sentenced for conduct that occurred two years ago, before he first started his recovery. The court held that the plaintiff is likely to succeed on his claim that the jail's refusal to provide methadone treatment violates both the Americans with Disabilities Act (ADA) and the 8th Amendment of the US Constitution, which prohibits cruel and unusual punishment.

Sentencing Reform

Senate Republicans Seek Way to Get Sentencing Reform Bill Moving Again. Senate Republicans are pondering changing the First Step Act (S.2795) to make it more palatable for some conservatives, but which could blow up the bipartisan compromise that supports the bill as is. Some of the changes being discussed include tightening the safety valve provision, getting tougher on fentanyl offenders, and backing away from an ending the "stacking" regulation, which adds more time to sentences of people convicted of drug offenses while possessing a firearm. President Trump, meanwhile, continues to push Senate Majority Leader Mitch McConnell (R-KY) to bring the bill to a Senate vote.

Chronicle AM: NJ Legalization Bill Advances, NYC Times Square Ads Target Governor Over Overdoses, More... (11/27/18)

New Jersey's marijuana legalization bill is finally moving, activists in New York City target the governor over safe injection sites, South Korea becomes the first East Asian nation to approve medical marijuana, and more.

https://stopthedrugwar.org/files/times-square-overdose-campaign-november-2018-200px.jpg
Marijuana Policy

New Jersey Legalization Bill Advances. The long-awaited marijuana legalization bill, S2703, is moving in the legislature. It was voted out of a joint committee on Monday, with a 7-4 vote in the Senate Budget and Appropriations Committee and a 7-3 vote in the Assembly Budget Committee. Now the bill goes to the Senate and Assembly floors for any amendments and final votes. The measure would legalize the possession of small amounts of marijuana for adults and set up a statewide system of taxed and regulated production and sales.

Medical Marijuana

New Jersey Senate Health Committee Votes in Support of Medical Marijuana Expansion. The Senate Health, Human Services, and Senior Citizens Committee voted Monday to expand the state's medical marijuana program. But advocates had concerns: "Today's vote in support of expanding New Jersey's medical marijuana program is a step in the right direction," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "However, we have concerns about the impact of this legislation on patients, as it will transfer oversight of medical marijuana from the New Jersey Department of Health, which has a long established, patient-centered program, to a new and relatively undefined commission."

Harm Reduction

Times Square Billboards Urge New York Governor to "Give the Gift of Life" by Authorizing Overdose Prevention Centers. Advocates and family members who have lost loved ones to overdose blasted Gov. Andrew Cuomo (D) in a series of electronic billboards that began airing throughout Times Square on Giving Tuesday, pressing the Governor to "Give the Gift of Life" this holiday season by authorizing Overdose Prevention Centers. The centers, also known as safer consumption spaces (SCS), are a proven tool for preventing unnecessary and tragic overdose deaths. As overdose deaths continue to increase across New York -- a New Yorker dies every 6 hours of a preventable overdose -- advocates in the EndOverdoseNY coalition are calling on Governor Cuomo to show his leadership and take immediate action to establish Overdose Prevention Centers.

International

South Korea Becomes First East Asian Nation to Approve Medical Marijuana. The South Korean National Assembly has voted to approve an amendment to the country's drug laws that will pave the way for the use of medical marijuana by prescription. Potential patients would be required to apply to the Korea Orphan Drug Center and approval would be granted on a case-by-case basis.

Chronicle AM: Trump Pressures McConnell on Sentencing Reform, NJ Marijuana Bill Gets Hearing, More... (11/26/18)

The president wants to see criminal justice reform move in the Senate, New Jersey lawmakers take up marijuana legalization today, and more.

Mitch McConnell is getting pressured by the president to move on the First Step Act. (Gage Skidmore/Creative Commons)
Marijuana Policy

Minnesota Governor-Elect Says Legalize It. Incoming Democratic Governor Tim Walz says it's time for the state to get on the legalization bandwagon. "I just think the time is here and we're seeing it across the country," he said. "Minnesota has always been able to implement these things right." Wise's Democratic allies control the state House, but Republicans control the Senate.

New Jersey Legislature Takes Up Legalization Bill. Hearings are underway at the statehouse for the long-awaited marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

North Dakota Lawmaker Will File Decriminalization Bill. In the wake of November's failed legalization initiative, one lawmaker says he will file a decriminalization bill during the coming legislative session. State Rep. Shannon Roers Jones (R-Fargo) said her bill would probably decriminalize the possession of up to an ounce. Possession is currently a Class B misdemeanor.

North Dakota Initiative Campaigners Will Try Again in 2020. Legalize ND, the folks behind November's failed legalization initiative says it will be back in 2020. Group leader David Owen said he is "100% certain" the group will try again but with some changes. Next time, the proposal will contain provisions for tax revenues from sales and limits on how much individuals can grow and possess. This year's initiative lost 59%-41%.

Law Enforcement

Detroit Narcs Try to Arrest Each Other in Drug Bust Gone Awry. It was Keystone Cops in the Motor City earlier this month when a group of undercover Detroit narcs posing as drug dealers attempted to arrest another group of undercover Detroit narcs posing as drug buyers. The end result: A shouting match and shoving and punch-throwing brawl among more than two dozen armed police officers. "This is probably one of the most embarrassing things I've seen in this department," Detroit Police Chief James Craig said Monday. Two Detroit police officers were killed in a similar incident in 1986.

Sentencing Reform

Trump Urges McConnell to Act on Criminal Justice Reform. In a tweet last Friday, President Trump urged Senate Majority Leader Mitch McConnell (R-KY) to allow a prison and sentencing reform bill, the First Step Act (S.2795) to be voted on in the Senate. McConnell said last week there wasn't time to get the measure through this session, but he has faced intense lobbying pressure, not only from the president but also other Republican senators and the religious right. "Really good Criminal Justice Reform has a true shot at major bipartisan support," Trump said in the tweet. "@senatemajldr Mitch McConnell and @SenSchumer have a real chance to do something so badly needed in our country. Already passed, with big vote, in House. Would be a major victory for ALL!"

International

French National Assembly Approves Fines for Drug Use. The National Assembly last Friday approved a bill that introduces a fixed fine of 200 Euros for the use of drugs, and marijuana in particular. Since 1970, illegal drug use has been subject to up to a year in prison and up to a 3,750 Euro fine, but such sentences were rarely imposed, especially for marijuana. Some ministers on the left criticized the measure as disproportionately affecting poor young people and condemned the lack of involvement of health authorities.

Thai National Assembly Gives Preliminary Approval to Legal Medical Marijuana, Kratom. The National Legislative Assembly has accepted "in principle" amending the country's drug law to allow for the medicinal use of five substances, including marijuana and kratom. Under the amended law, the Office of the Narcotics Control Board will be assigned to designate areas to be used for the production of the drugs and the quantity to be produced.

Chronicle AM: NJ Legalization Bill Unveiled, UT MedMJ Fight Continues, More... (11/23/18)

New Jersey embraces industrial hemp and moves toward passing a marijuana legalization bill, New York's governor says a legalization bill will likely pass there next year, and more.

Hemp is coming to New Jersey. (votehemp.org)
Marijuana Policy

New Jersey Legalization Bill Finally Unveiled. Lawmakers on Wednesday unveiled the latest version of a marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

New York Governor Says Recreational Marijuana Bill Will Pass Sometime in 2019. Gov. Andrew Cuomo (D) said Wednesday that he expects his state to legalize marijuana next year, but he offered few details beyond that. "We now have a working group that is putting together a piece of legislation that would do it, because the devil is in the details: How do you do it, where do you do it, what are the ages, etc.? What is New Jersey doing? What has Massachusetts done?" Cuomo said. "So that legislation is being crafted. I expect it to be introduced next year. The when and the how we're not clear."

Medical Marijuana

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

Industrial Hemp

New Jersey Governor Signs Industrial Hemp Bill. Gov. Phil Murphy (D) has signed into law S3145, which will establish a pilot program for research and cultivation of hemp. The bill had received nearly unanimous support in the legislature. "This pilot program is a win for local farmers who need a diversity of opportunities to compete in the global agriculture market," said state senator Declan O'Scanlon. "Hemp is growing in value as a cash crop, and I am sure the New Jersey economy, and our farmers will benefit from this pilot program."

Chronicle AM: MA First Day MJ Sales Draws Crowds, Afghan Opium Crop Down, More... (11/21/18)

People lined up to buy legal marijuana in Massachusetts Tuesday, Connecticut's governor says legalization is a priority for him, Afghan opium production is down, but still at high levels, and more.

Afghan opium cultivation is down 20% this year, but is still the second highest figure on record. (UNODC)
Marijuana Policy

Connecticut Governor Says Legalization a Priority. Incoming Gov. Ned Lamont (D) said Monday he intended to make marijuana legalization a priority next year. "We're going to have a legislative session. It's going to be one of the priorities we got," Lamont said. "It's something I would support, and I don't want the black market controlling marijuana distribution in our state. I think that's a lousy way to go. Canada, Massachusetts, others are doing it," he added. "That's going to lead to some enforcement things. In the meantime, we enforce Connecticut laws."

Massachusetts' First Day Legal Pot Sales Draws Crowds. Hundreds of marijuana lovers lined up before dawn Tuesday to be among the first people on the East Coast to be able to legally purchase recreational marijuana. The crowds brought gridlock to Leicester's Main Street as they gathered to buy weed. By noon there was an approximately three-hour wait in the cold, wet weather to get inside.

International

UNODC Says Afghan Opium Production Drops, But Still at High Levels. The UN Office on Drugs and Crime reported Wednesday that opium cultivation in Afghanistan is down 20% this year compared to 2017, but was still the second-highest measure of poppy cultivation since UNODC starting monitoring in 1994. UNODC cited a severe drought and declining opium prices for the decline.

Mexico's President Presents Plan for National Guard to Fight Drug War. President-elect Andres Manuel Lopez Obrador (AMLO) on Tuesday submitted a bill for a new national guard to replace the military in the fight against organized crime. The bill would create a force 50,000 strong drawn from the ranks of the armed forces and police, but critics point out to failed previous reorganizations of the anti-drug apparatus as well as warning the move could further militarize the country's drug war.

Chronicle AM: NJ Legalization Bill Hearings, Anti-Marijuana Rep Sees the Light, More... (11/20/18)

New Jersey will finally start moving on a marijuana legalization bill, a leading congressional foe of legalization changes his tune, and more.

Staunch anti-marijuana Rep. Joe Kennedy III (D-MA) has seen the light. (Twitter)
Marijuana Policy

Leading Anti-Marijuana Congressman Changes His Tune. Rep. Joe Kennedy III (D-MA), a longtime staunchly anti-marijuana politician, has changed his tune. In an editorial in STAT News Tuesday, Kennedy came out for federally descheduling marijuana. "I believe we must implement strong, clear, and fair federal guidelines. To do that requires us to remove marijuana from the Controlled Substances Act (CSA) and legalize it at the federal level," Kennedy wrote, citing benefits to public health and racial justice.

New Jersey Legalization Hearings Set for Next Week. After months of delay, marijuana legalization will finally get rolling in the state legislature. Legislative leaders announced Tuesday that separate Senate and Assembly committees are set to meet together next Monday for a hearing, with a vote expected that day. The bill is S2703. There is not yet complete agreement between legislative leaders and Gov. Phil Murphy (D) on some issues, particularly taxation, but Senate President Stephen Sweeney (D-Gloucester) said he didn't want to wait any longer.

New York Legislator Forecasts Marijuana Legalization Next Year. Empire State legislators will move on marijuana next year said Assemblywoman Crystal Peoples-Stokes (D-Buffalo). She said that a series of public hearings on the issue have made two points: "One, that it really is time for the legalization of adult use and, two, that it also is the time to eliminate the records of these people, many of who are black and brown, that have been criminalized," she said.

International

Greece Issues First Medical Marijuana Licenses. On Monday, Greek authorities issued the first two licenses to private companies to grow medical marijuana in the country. The move comes after the country legalized medical marijuana last year and then lifted a ban on growing and producing it in March of this year. Another 12 licenses will be issued by the end of this year, the Economy and Development Ministry said.

Chronicle AM: Judiciary Committee Change, Massachusetts Marijuana Sales, More... (11/19/18)

There's a changing of the guard at the top of the Senate Judiciary Committee, a Pennsylvania medical marijuana patient sues over gun access, a new report finds fake and counterfeit drugs killing tens of thousands each year in Africa, and more.

Massachusetts will see its first marijuana stores open this week. (Sondra Yruel/Drug Policy Alliance)
Marijuana Policy

Graham to Replace Anti-Marijuana Hardliner Grassley as Head of Senate Judiciary Committee. Sen. Chuck Grassley (R-IA) announced last Friday that he is stepping down as chairman of the Senate Judiciary Committee. He will be replaced by Sen. Lindsey Graham (R-SC), who, while not exactly a friend of marijuana law reform, is not nearly as oppositional as Grassley. While Grassley has stifled marijuana bills during his tenure as chair, Graham has cosponsored bills to protect legal medical marijuana states from federal interference, reschedule marijuana, and remove CBD from the list of banned substances. (Grassley has also been a champion late in his career for enacting at least modest criminal justice and sentencing reform.)

Massachusetts's First Marijuana Stores to Open Tuesday. Slightly more than two years after voters approved marijuana legalization, the state's first retail marijuana outlets are set to open their doors tomorrow. The state Cannabis Control Commission announced last Friday that retail shops in Leicester and Northampton had received final sign-offs to start selling recreational weed.

Medical Marijuana

Indiana Poll Finds Strong Support for Medical Marijuana. Even in red-state Indiana, they like their medical marijuana, a new poll finds. The poll from Ball State University finds that 81% of Hoosiers believe marijuana should be legal for medical reasons. The poll had support for full legalization at only 39%.

Pennsylvania Doctor and Medical Marijuana Patient Sues for Right to Own a Gun. A Philadelphia physician who is also a medical marijuana patient filed a lawsuit in federal court last Thursday challenging a federal law that prevents him from owning a firearm because he uses medical marijuana. Dr. Matthew Roman was blocked from buying a gun earlier this year when he honestly answered a question about marijuana use. Roman's lawsuit claims that the blanket prohibition against marijuana users violates the constitutional rights of tens of thousands of nonviolent, law-abiding American citizens. The filing, in US District Court for the Eastern District of Pennsylvania, claims the law violates both the Second and Fifth Amendments of the Constitution.

Harm Reduction

Opioid Reversal Drug Company Gouged Taxpayers With 600% Price Increase. A new report from the Senate's Permanent Subcommittee on Investigations finds that a pharmaceutical company "exploited the opioid crisis" to gouge taxpayers by increasing the price of its overdose reversal drug by 600% between 2014 and 2017. The report found that the company Kaléo raised the price of its drug EVZIO from $575 in 2014 to $4,100 in 2017. EVZIO is an auto-injector form of the drug naloxone. The price hikes cost taxpayers more than $142 million over the past four years in Medicare and Medicaid charges.

International

Fake and Counterfeit Drugs Are Killing Thousands in Africa, Report Finds. A new European Union-funded report finds that tens of thousands of Africans are dying because of fake and counterfeit drugs. Fake or substandard anti-malarial drugs alone were linked to anywhere between 64,000 and 158,000 deaths each year, the report found. The fake drugs are especially entrancing to the region's poor, who often cannot afford prescribed drugs and turn to the streets to buy cheaper alternatives. "So this is a criminal activity, you can focus on and try to find the source of this. The problem is also the access of the real medicine, the cost to buy them is too high so poor people are just despaired (they despair) to find something, anything that they think could help them," said Ruth Dreifuss, Chair of the Global Commission on Drug Policy.

Mexico Supreme Court Rejects Law Regulating Tr0ops Fighting Drug Cartels. In a 9-2 decision last Thursday, the nation's highest court threw out a new law aimed at regulating the use of the military to fight drug cartels. The law was meant to set out rules of engagement for the armed forces in their fight with organized crime, but human rights groups warned it could clear the way for more military human rights abuses. The court ruled that Congress does not have the power to legislate on "domestic security" and only the executive can dispatch troops. The court ruling came a day after incoming security minister Alfonso Durazo said there was "no way" to withdraw the military from the fight because it is more trustworthy than the police.

Chronicle AM: NJ Gov Still Ready to Legalize It, Court Rejects OH MedMJ Racial Justice Provision, More... (11/16/18)

New Jersey Gov. Phil Murphy (D) is still committed to marijuana legalization, the Albany DA announces an end to low-level pot prosecutions, an Ohio court throws out a racial justice requirement in the state's medical marijuana licensing plan, and more.

Marijuana Policy

New Jersey Governor Reiterates Support for Legalization. In remarks to the state League of Municipalities Thursday, Gov. Phil Murphy (D) said he remains in favor of marijuana legalization. "I remain equally committed to sensible legislation to legalize adult use of marijuana, and to continue to expand our medical marijuana program, which can also be an important tool for fighting our opioid epidemic…. "Legalization is the right thing to do, for safer communities, for protecting our kids, for erasing the stain that is keeping so many of our fellow New Jerseyans from a better future. Moreover, the overwhelming majority of New Jerseyans agree. We should listen to them. I am ready to work alongside the Legislature, and each of you, to get this done."

Albany NY DA Stops Prosecuting Low-Level Pot Cases. Albany County District Attorney David Soares has announced that as of December 1, his office will no longer prosecute anyone accused of possessing up to two ounces of marijuana. "We've been feeling the need to make this change for quite some time," Soares told reporters. But Soares warned that he would still prosecute low-level charges when someone is smoking in public, in a vehicle, or in front of children.

Vermont Advisory Commission Recommends 26% Marijuana Tax. A subcommittee of the governor's Marijuana Advisory Commission has recommended that if marijuana commerce is legalized, there should be a 20% excise tax on retail sales in addition to the state's 6% sales tax. The subcommittee also recommended earmarking marijuana tax revenues to the state education fund.

Medical Marijuana

Kansas Governor-Elect Supports Medical Marijuana. Laura Kelly, the Democrat who won a surprise victory in conservative Kansas, is ready to take the state down the path toward legal medical marijuana. "I think that there is some momentum in the legislature to pass, to legalize medical marijuana," she said. "I think we would do it Kansas-style, where it would be well-regulated. With a supporter in the governor's mansion, legislators no longer have to worry about coming up with supermajorities to overcome a gubernatorial veto.

Ohio Court Rules Racial Justice Requirement for Grow Licenses Unconstitutional. An Ohio district court has ruled unconstitutional the state's "racial quota" for selecting medical marijuana business licenses. The state's medical marijuana law requires 15% of all licenses to be awarded to businesses owned by racial minorities, and the state awarded two of 12 available licenses to minority-owned firms even though they scored lower than other applicants. One of the applicants who did not get a license sued. The ruling could prompt the state to award a provisional license to the plaintiff in order to make the case go away.

Utah Medical Marijuana Backers Threaten to Sue Over Mormon Church Involvement in Bill to Replace Prop 2. Medical marijuana supporters said Thursday they are exploring legal action to challenge the legislature's move to replace the voter-approved Prop 2 medical marijuana initiative "at the behest" of the Mormon Church. Even though voters approved Prop 2 this month, lawmakers plan to meet in a December special sessions to replace the measure with a proposal more acceptable to opponents, including the church. "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the... recognition in the Utah Constitution that the people are to have the power to enact legislative changes," attorney Rocky Anderson, former Salt Lake City mayor, wrote.

Mexico's Supreme Court Effectively Legalizes Marijuana Possession, Cultivation, and Use [FEATURE]

In an earth-shaking development, Mexico's Supreme Court ruled last Wednesday that the country's prohibition of marijuana use, possession, and personal cultivation is unconstitutional. The decision came in a pair of cases challenging the ban on weed, and because these rulings mark the fifth time the court has ruled similarly, the opinions are now legal precedent in the country.

The high court in Mexico City based its decision on constitutional protections of individual autonomy.

"The fundamental right of the free development of the personality allows adults to choose -- without any interference -- what recreational activities they desire to undertake and protects all the activities necessary to make that choice… The effects of marijuana consumption do not justify an absolute prohibition of its use," the court held.

But the court also noted explicitly that the right to grow, possess, and consume marijuana "is not absolute and the consumption of certain substances can be regulated."

That means it will be up to lawmakers to come up with rules around the legal use of marijuana, as well as any move toward a regulated, legal marijuana market in the country. And that is likely to happen: Parties backing President-Elect Andres Manuel Lopez Obrador (AMLO), who is supportive of marijuana legalization and open to considering broader legalization, control absolute majorities in both the Senate and the Chamber of Deputies.

In its rulings, the high court ordered the federal health regulatory agency, COFEPRIS, to authorize the use of marijuana by adults who choose to do so, but it also added: "albeit without allowing them to market it, or use other narcotics or psychotropic drugs."

Mexico has already decriminalized both pot possession and the possession of personal use amounts of other illicit drugs.

Coming less than two weeks after Canada's marijuana legalization came into effect, the striking decision by the Mexican Supreme Court is only going to add to the pressure to advance federal marijuana legalization here in the US.

"This is extraordinary because it is taking place in one of the countries that has suffered the most from the war on drugs," said Hannah Hetzer, senior international policy manager for the Drug Policy Alliance. "With marijuana already legal in Canada, now both of the US's neighbors will have legal marijuana, making the US federal government's prohibition of marijuana even more untenable."

If the Democrats take control of the House this week, expect to see a strong push for federal legalization, along the lines that Congressional Cannabis Caucus founder Rep. Earl Blumenauer (D-OR) laid out earlier this month. If the Republicans retain control of the Senate, as is widely expected, the upper chamber would be a tougher nut to crack -- but GOP senators may want to reflect on the fact that, according to the most recent Gallup poll, support for legalizing weed is at an all-time high of 66 percent, and even 53 percent of Republican voters now are on board.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

The Drug Policy Alliance is a financial supporter of both Drug War Chronicle and Drug Reporter.

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