Marijuana Legalization

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Chronicle AM: South Africa Legalizes Pot Possession, Senate Passes Opioid Bill, More... (9/18/18)

South Africa just became the first country on the continent to legalize marijuana possession, New Jersey wants to be the next state to legalize marijuana, the Senate passes a limited opioid bill, and more.

South Africans celebrate Constitutional Court ruling legalizing private pot possession and use Tuesday. (The Smokers Club)
Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization. A new Goucher Poll has support for marijuana legalization at 62%. Only 33% were opposed. The poll also had majority support for a $15 an hour minimum wage, the Affordable Care Act, and single-payer health care, and 71% disapproving of President Trump. Expect the legislature to try again to pass legalization next year.

New Jersey Legalization Bill Almost Ready. A bill to tax and regulate legal marijuana commerce is "98% done," one of the state's leading marijuana advocates said Monday. Scott Rudder, head of the New Jersey CannaBusiness Association, said the remaining issue is whether to impose a 25% retail tax right away or to start with a lower tax rate that goes up over time. Gov. Phil Murphy (D) also expressed optimism about prospects for a bill. "I continue to believe it’s this year," Murphy said. "Doing it is important but doing it right is more important and that’s going to be key." Legislative leaders have vowed to get a bill to Murphy's desk by the end of the month, but the clock is ticking.

Medical Marijuana

Louisiana Lifts Limits on Number of Patients for Whom Each Doctor Can Recommend Medical Marijuana. The state Board of Medical Examiners on Monday got rid of a rule that limited the number of patients to whom doctors can recommend medical marijuana. The board also agreed to remove a restriction that would have required patients to see their doctor every 90 days in order to renew their order for medical cannabis.

Heroin and Prescription Opioids

Senate Passes Opioid Bill. The Senate on Monday approved legislation aimed at addressing the opioid crisis. The Opioid Crisis Response Act of 2018 (S.2680) The bill includes provisions increasing scrutiny of incoming international mail, eases the way for the National Institutes of Health to speed research on non-addictive pain relievers, allows the Food and Drug Administration to require pharmaceutical companies to package smaller quantities of opioids, and creates new federal grants for treatment, training emergency workers, and research on prevention. Funding for the anticipated spending will have to be provided in separate spending bills. The House passed its own opioid bill earlier this year. Now, congressional leaders will have to hammer out a compromise in conference committee.

Drug Policy Expert Says Senate Bill is Not Enough. While the opioid bill referenced above authorizes $500 million a year in grants states will have to compete over, the amount is well below the massive outlay of funds used to combat the AIDS crisis in the 1990s, and the Congressional Budget Office found that the bill would be revenue-neutral. That irked Stanford psychiatry professor and former Obama drug policy advisor Keith Humphreys. "How much money was Congress willing to spend on the worst opioid epidemic in US history? None," he said. "Given that there was no consensus in Congress in favor of a really big investment such as we employed for AIDS, the two sides did the next best thing, which was agree on many second-tier policies that were smaller bore," Humphreys said. "There are good things in the bill that will save lives, but it will not be transformational."

International

South Africa High Court Legalizes Marijuana Possession. In a case brought by three marijuana users who argued marijuana prohibition "intrudes unjustifiably into their private spheres," the country's Constitutional Court on Tuesday ruled that the private possession, cultivation, and consumption of marijuana is legal. >"It will not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption," Deputy Chief Justice Raymond Zondo wrote in his ruling. It will, however, remain illegal to use cannabis in public and to sell and supply it. The ruling did not set allowable quantities, with the court saying parliament had two years to come up with a new law that reflected the ruling. Thousands of predominantly poor and black South Africans are arrested for marijuana offenses each year.

Chronicle AM: DC "Fake Pot" Overdose Outbreak, Canada Pot Travel Ban Pushback, More... (9/17/18)

Tough talk about barring Canadians with links to legal marijuana leads one congressman to act, "fake pot" kills five and leaves dozens sick in DC, Oklahoma's medical marijuana fight continues, and more.

Synthetic cannabinoids are being blamed for five deaths and dozens of overdoses in the nation's capital. (Louisiana Health Dept.
Medical Marijuana

Oklahoma Democrats Call For Special Session For Medical Marijuana. Democratic members of a working group crafting recommendations for medical marijuana distribution say the governor should call a special session in order to get rules implemented safely. A sticking point is the issue of product testing. "The only way to do that is to have a special session and give the health department the authority to issue licenses to entities that can do that testing, said Representative Steve Kouplen (D) House Democratic Leader. But legislative Republicans are balking, saying the Health Department already has sufficient authority to do product testing. And Gov. Mary Fallin (R) says a special session isn't necessary and would be an "expensive burden."

New Psychoactive SubstancesSynthetic Cannabinoids Kill 5, Sicken Dozens in DC. Five people died in Washington, DC, last Wednesday and Thursday and another 88 people were treated for overdoses of what authorities suspect is "a bad batch of K2," a synthetic cannabinoid. City officials are tweeting out alerts such as the following: "Smoking or ingesting K2 or Spice may lead to overdose or death." By last Friday afternoon, the numbers appear to have leveled off, with a total of 118 reported overdoses tallied since Wednesday. 

Immigration Policy

Congressman Presses Administration on Canada Marijuana Visitor Bans. Rep. Lou Correa (D-CA) sent a letter Monday to Homeland Security Secretary Kirstjen Nielsen seeking clarity amid reports that the US federal government plans to impose lifetime bans on Canadians who admit having used marijuana, working in Canada's legal marijuana industry, or even investing in it. "We are concerned DHS is unnecessarily and disproportionally penalizing noncitizens who are engaged in lawful business activities," reads a draft of the letter obtained by Marijuana Moment. "We strongly urge DHS to clarify admission policies and procedures at U.S. ports of entry to help ensure transparency of such processes. The role that CBP plays in processing thousands of foreign nationals who come to the United States daily to conduct business is critical not only to the success of our economy but also the safety and security of the American people."

International

Australian Capital Territory Could Legalize Marijuana Under New Bill. Labor MP Michael Pettersson will this week introduce a bill to effectively legalize marijuana for personal use in the Australian Capital Territory (ACT). Marijuana possession has been decriminalized since 1992, but Pettersson said marijuana users are still being arrested. "About 60 percent of drug arrests in the ACT are for cannabis consumers. That’s not suppliers, that’s consumers. I think police can spend their time doing better things than going after people using small amounts of cannabis," Pettersson said.Under his bill, the possession of up to 50 grams and the cultivation of up to four plants would be legalized. 

Chronicle AM: Feinstein Cosponsors STATES Act, US Will Bar Canadian Pot People from Entry, More... (9/14/18)

Medical professionals are on board with marijuana legalization, and Diane Feinstein is getting there, too; the latest national drug use survey is out, US Customs talks tough about Canadians and marijuana, and more.

Sen. Dianne Feinstein is coming around on marijuana policy. (senate.gov)
Marijuana Policy

Dianne Feinstein Signs On as Cosponsor of STATES Act. The STATES Act (S 3032) has picked up a somewhat surprising 10th cosponsor: Sen. Dianne Feinstein (D-CA). The bill, introduced by Sens. Cory Booker (D-NJ) and Elizabeth Warren (D-MA), would allow states that have legalized either medical or recreational marijuana to do so without federal interference. Feinstein has long been a foe of marijuana legalization, but she has been changing her tune lately, and this is the latest example of her shifting stance.

Poll Finds Medical Professionals Support Marijuana Legalization. A poll of medical professionals conducted by Medscape Medical News found majority support for marijuana legalization among doctors (54%), health administrators (72%), nurses (57%), pharmacists (54%), and psychologists (61%). Support was even higher for medical marijuana, with two-thirds (67%) of physicians and more than 80% among all other groups except pharmacists, who came in at 71%.

Medical Marijuana

Michigan Judge Issues Injunction to Keep A Hundred Dispensaries Open. Court of Claims Judge Stephen Borrello on Thursday granted an injunction that blocks the state from shutting down some 98 dispensaries until they are approved for state licenses. These are dispensaries that are in the midst of applying for licenses. They will now get to stay open until December 15.

Drug Policy

National Drug Use Survey Finds Drop in New Heroin Users, But Meth, Marijuana Use Up. The 2017 National Survey on Drug Use and Health was released Friday. Among the significant findings: The initiation of heroin use is down dramatically, fewer young people are misusing prescription opioids (down from 8.5% to 7%), but more people are using marijuana and methamphetamine. 

US Customs Official Warns Canadians Who Smoke Legal Marijuana or Work or Invest in the Industry Will Be Banned from Entering US. US Customs and Border Patrol official Todd Owen said Thursday that any Canadians who admit to having used marijuana, work for the country's legal pot industry, or invest in it will be barred from entering the United States. Canadian legalization goes into effect October 17, but Own said the US doesn't plan to change its border policies because of that. "We don't recognize that as a legal business," Owen said. 

How Much Money Can You Make Working in the Legal Marijuana Industry?

Legal marijuana is a growth industry. Medical marijuana is legal in 30 states and full-on legalization in nine, with more states set to join the green revolution this fall. New Jersey could become the next legalization state sometime in the next few weeks, and Election Day could see two more medical marijuana states (Utah and Missouri) and two more legalization states (Michigan and North Dakota).

From budtenders to compliance officers, there are jobs in pot. (Sondra Yruel/DPA)
In a new analysis of legal pot's jobs and pay scales, the marijuana head-hunting firm Vangst, which describes itself as the "Monster.com of the cannabis industry," reports that pot is hot. The company says it expects employment in the industry to more than double next year and that salaries at licensed pot businesses are up 18 percent this year.

But pot businesses are, after all, businesses, and they have some of the same issues as any other privately-held businesses. More than one-fifth of the 1,200 firms surveyed for this report offer no employee benefits at all and more than half offer no medical, dental, and vision insurance. Those industry workers most likely to get such benefits are those in the most lucrative jobs.

Marijuana businesses also replicate wage and salary differentials common in other industries. Managers and some skilled positions can take home well north of a hundred grand a year, while hourly workers, such as trimmers and budtenders, get paid proletarian wages.

The Vangst survey isn't exhaustive -- it doesn't cover some mid-level jobs at grow and extraction operations or dispensaries, nor does it cover jobs that don't directly touch on marijuana, such as publicists, accountants, and marketers -- but it does provide at least a partial glimpse at the pot jobs market.

But if you're looking for work in the legal pot industry, here's what to expect for various positions:

Cultivation director: Oversees all cultivation operations to ensure the production of compliant and high-quality cannabis. Establishes all standard operating procedures, nutrient and harvest schedules, integrated pest management programs, hiring, training, and personnel management. Responsible for ensuring the highest levels of plant health, potency, and production.

Low: $47,000
Average: $88,000
High: $140,000
Top: $250,500

Extraction director: Oversees all cannabis extraction and refinement operations. This includes facility design, laboratory setup, standard operating procedure development, regulatory compliance, hiring, training, and personnel management. Responsible for ensuring all cannabis extracted products are produced safely, efficiently, and consistently.

Low: $47,000
Average: $72,00
High: $135,00
Top: $191,00

Compliance manager: Ensures local, state, and federal compliance with all laws and regulations. Implements a company-wide program, which includes seed-to-sale tracking and internal compliance audits. Anticipates and tracks pending and current laws and regulations. Creates new policies and procedures as necessary and ensures the staff has an understanding of all compliance requirements.

Low: $45,000
Average: $62,500
High: $81,750
Top: $149,000

Outside sales representative: Focuses on sales strategies and account management to build value in the marketplace. An Outside Sales Representative develops relationships into new accounts in order to meet sales goals and manages existing accounts using Customer Relationship Management (CRM) software. They enhance product branding and increase sales through the training and education of retail partners and customers.

Low: $28,000
Average: $58,800
High: $73,500
Top: $150,000

Dispensary manager: Oversee day-to-day operations of a medical or recreational cannabis retail location. Create standard operating procedures, develop inventory processes, and ensure dispensary is fully compliant with all state and federal regulations. Responsible for hiring, training, and managing all dispensary staff.

Low: $41,500
Average: $56,250
High: $65,400
Top: $98,000

Budtender (per hour): Provides excellent customer service to all patients and customers in medical and recreational dispensaries. Uses point of sale system and other technology to ensure all cannabis product sales are properly tracked. Provides information to customers on product choices, consumption methods, compliance, and safety. Remains up to date on all cannabis regulations to ensure compliance within the dispensary.

Low: $12
Average: $13.25
High: $14
Top: $16

Trimmer (per hour): Manicures and prepares all harvested flower product to be sold in medical and recreational cannabis retail locations.

Low: $11.50
Average: $12.25
High: $13
Top: $14.50

Chronicle AM: Federal Marijuana Research Bill Advances, ACLU Smart Justice Campaign, More... (9/13/18)

A federal marijuana research bill advances (although with an undesirable provision), the ACLU rolls out a national plan to reduce state prison populations by half, and more.

A federal marijuana research bill wouldn't let anyone with a pot conviction participate. (Creative Commons)
Marijuana Policy

North Dakota Officials, Lawmakers Make Huge Stretch in Estimating Legalization Initiative Costs. The state's Office of Management and Budget has released a report on the cost of implementing the Proposition 3 marijuana legalization initiative that vastly overstates the cost by including costs for an education program that the initiative does not mandate. OMB put the cost of implementation at $6.7 million, but $4.4 million would be for a youth education campaign that the state Health Department argued would be necessary. Legislative Democrats sought to approve the fiscal impact statement without the education campaign funding, but were defeated by House Republicans. The fiscal impact also includes $2.2 to pay for clerical costs in expunging some 18,000 marijuana arrest records but does not include any estimate of tax revenues from legal marijuana.

Medical Marijuana

Marijuana Bill Approved by Congressional Committee Approves Medical Marijuana Research Bill, Leaves in Provision Barring People with Drug-Related Misdemeanors. The House Judiciary Committee voted Thursday to approve the Medical Cannabis Research Act, HR 5634. The bill would require the Justice Department to begin issuing more licenses to grow marijuana for research purposes but was controversial with drug reformers because of a provision barring anyone with a "conviction for a felony or a drug-related misdemeanor" from any affiliation with research cultivation operations. "There is no legitimate health or public safety justification for the inclusion of this language and we urge you to strike this unnecessary, punitive ban on individuals with previous drug law violations," reads a letter sent to the committee's leaders on Wednesday by the American Civil Liberties Union, Human Rights Watch, #cut50, the Drug Policy Alliance and other groups. "To help lower recidivism rates and improve public safety, we should be making it easier for people with records to obtain jobs, not more difficult." An effort to amend the bill in committee to remove the provision was halted after Chairman Bob Goodlatte (R-VA) said he would not be opposed to changing the language before it goes to a House floor vote.

Sentencing

ACLU Launches "Smart Justice" Campaign with State-By-State Blueprints for Cutting Incarceration in Half. The American Civil Liberties Union's Campaign for Smart Justice today unveiled the Smart Justice 50-State Blueprints, a comprehensive, state-by-state analysis of how states can transform their criminal justice system and cut incarceration in half. The Smart Justice 50-State Blueprints are the first-ever analysis of their kind and will serve as tools for activists, advocates, and policymakers to push for transformational change to the criminal justice system. They are the result of a multi-year partnership between the ACLU, its state affiliates, and the Urban Institute to develop actionable policy options for each state that capture the nuance of local laws and sentencing practices. The 51 reports -- covering all 50 states and the District of Columbia -- will be released in multiple phases, beginning with an initial rollout of 24 state reports. The reports are all viewable on an interactive website that allows users to visualize the reductions in jail and prison population that would result from the policy decisions that states pursue. The interactive feature is here: https://50stateblueprint.aclu.org

Chronicle AM: Denver Magic Mushroom Initiative; MI, NJ Pot Polls Looking Good, More... (9/12/18)

New polls show strong support for marijuana legalization in Michigan and New Jersey, the Manhattan DA throws out 3,000 pot cases, Denver mushroom activists are pushing a new initiative, and more.

The Denver magic mushroom people are trying another initiative, this one aimed at May 2019 local elections. (Creative Commons)
Marijuana Policy

Michigan Poll Has Marijuana Initiative Winning. Yet another poll has the Proposal 1 marijuana legalization initiative winning in November. A new Detroit News/WDIV-TV poll has the measure winning with 56% support, in line with earlier polls. "What's interesting is how consistent these numbers have been over two years," said pollster Richard Czuba of the Lansing-based Glengariff Group Inc., which conducted the survey. "There are hardly any undecided people left on this issue. It's baked into the electorate."

New Jersey Poll Has a Plurality for Legal Pot, A Majority If It Cuts Taxes. A private survey obtained by NJ Advance Media has support for legalization at 44%, with 31% opposed. But when asked if they supported legalization if it meant less of a tax burden on residents, 53% said yes. The poll comes as legislative leaders and Gov. Phil Murphy (D) prepare to try to push legalization through the legislature this fall.

Manhattan DA Throws Out 3,000 Marijuana Cases. Manhattan District Attorney Cyrus Vance Jr. on Wednesday dismissed more than 3,000 marijuana smoking and possession cases, some of them dating back to 1978. "Outstanding warrants for these low-level cases drive law enforcement and our communities apart," Vance said. "New Yorkers with warrants face unnecessary loss of employment, housing and immigration consequences, and because many of them fear they will be arrested for an open warrant, they don't collaborate with the (New York Police Department) and district attorneys to keep our communities safe." As of September 1, New York City residents are no longer subject to arrest for small-time pot offenses, and now, Vance is undoing some of the past damage.

Medical Marijuana

Arizona Patient Appeals Ruling That Edibles Are Illegal. Rodney Jones, who was convicted of possessing 0.05 ounces of hashish and sentenced to 2 ½ years in prison, is appealing a state Court of Appeals ruling that upheld his conviction. In that ruling, the appeals court held that hashish and edibles made from marijuana extracts are not covered by the state's medical marijuana law and their possession remains a crime. Jones spent a year behind bars awaiting trial and has since been released, but he still wants the conviction overturned and the appeals court's interpretation of the law thrown out.

Psychedelics

Denver Activists Look to May 2019 Magic Mushroom Initiative. Members of a group calling itself Denver for Psilocybin submitted two initiatives Monday that would essentially allow city residents to consume psychedelic mushrooms without facing legal trouble. Both initiatives would "prohibit the city from spending resources to impose criminal penalties for the person use and possession of psychedelic mushroom" and neither allows for the sale of the famous fungi. One initiative would decriminalize "the personal possession, use, and propagation" of magic mushrooms with no amount limits, while a second, backup initiative would only decriminalize use and possession -- not propagation -- and set a possession limit of two ounces. The initiatives must now be approved by city officials before they can go to the signature-gathering phase.

Chronicle AM: Utah MedMJ Poll, OK Sentencing Report, Colombia Pot Crackdown, More... (9/7/18)

A new Utah poll has the medical marijuana initiative still doing well, Los Angeles cracks down on illicit pot shops, the US and Ecuador renew cooperation in anti-drug air operations, Bolivia's Evo faces problems, and more.

Bolivian President Evo Morales is getting opposition from a group that should constitute his base: coca farmers. (CC)
Marijuana Policy

Los Angeles Arrests More Than 500 in Crackdown on Illicit Pot Shops. A crackdown on unlicensed marijuana businesses in the city has ended with more than 500 people arrested on misdemeanor charges, the city attorney's office said. The charges come in 120 separate criminal cases filed in connection with 105 unlicensed businesses. The defendants are charged with unlicensed commercial cannabis activity within the city, which carries a potential sentence of six months in jail and $1,000 in fines. There are 165 licensed pot shops and delivery services in the city, but many shops persist in selling without a license.

Medical Marijuana

New Utah Poll Shows Continuing Support for Medical Marijuana Initiative. Despite the Church of Latter Day Saints coming out against the Proposition 2 medical marijuana initiative, support for the measure remains strong, a new poll finds. The poll had 64% either "somewhat" or "strongly" in support of the measure.

Foreign Policy

Ecuador, US to Resume Anti-Drug Air Operations. Ecuador said Thursday it is resuming anti-drug air operations with the US a decade after throwing out the US from the Manta air base. Then President Rafael Correa canceled the cooperation in 2009, saying the US military presence threatened national sovereignty, but current President Lenin Cerna, who is friendlier to the US, has tightened ties with the US.

Sentencing

Oklahoma Could Cut Prison Population in Half, Report Says. A new report from the American Civil Liberties Union's Campaign for Smart Justice and the nonpartisan policy organization the Urban Institute finds that Oklahoma has surpassed Louisiana in having the most prisoners per capita, but that the state can take measures to reduce the prison population. Those include ending mandatory minimum sentencing, shifting more discretionary power in sentencing to judges, but the report said the move that would have the most dramatic impact on population would be to focus on drug sentences. The report recommended slashing the time served for drug distribution by 60%, from an average of 3.3 years to 1.3 years. That move alone would create a 22.5% drop in the prison population by 2025, the report said.

International

Bolivian Coca Farmers Demonstrate Against Their Former Coca Grower President. Thousands of coca growers took to the streets of La Paz on Wednesday in opposition to the government of President Evo Morales, himself a former coca grower and union leader. The protestors say the government's coca eradication efforts have hurt their livelihoods and led to the death of at least two of the members.

Colombian Riot Police Break Up Bogota Marijuana "Smoke-a-Thon". Riot police in Bogota on Thursday broke up a "smoke-a-thon" defending the use of marijuana. The demonstration was called to protest President Ivan Duque's moves to tighten the country's drug laws, which allow people to possess small amounts of marijuana. Duque recently issued a decree allowing police to seize any drug consumed in public. The Bogota demonstration was quickly dispersed, with at least a half-dozen people arrested as clashes broke out.

Nigerian Presidential Candidate Wants to Make Country Marijuana Export Giant. Omoyele Sowore, a publisher and presidential hopeful in Nigeria says he will make the country a marijuana exporting hub if elected as president. Sowore said many other countries are making billions from the plant, while people in Nigeria are being jailed for it. "Some of the best weeds in the world are grown in Ekiti state. I'm very serious. People are making billions out of that particular plant that is very potent in Nigeria. We should be focusing on it. We have to start taking care of our weed (Igbo), such that we can also contribute to the GDP of the world," he said. "Our NDLEA (National Drug Law Enforcement Agency) should get the notice, memo in advance that Nigeria will be exporting weed to cure cancer in other parts of the world. Instead of chasing after people who are growing weed whereas we are not chasing after our politicians who are smoking cocaine in their houses."

Chronicle AM: Fed Bill to Help Vets Obtain MedMJ, MS MedMJ Initative Filed, More (9/6/18)

It's all marijuana today, with a new federal bill aimed at making medical marijuana more accessible to veterans, a Mississippi medical marijuana initiative drive getting underway, and more.

Marijuana Policy

New York "Listening Sessions" on Legalization Underway. State officials got an earful from the public Wednesday in the first of a series of public listening sessions on whether and how the state should legalize marijuana. Speakers overwhelmingly supported the idea.

North Dakota Legalization Initiative Gets Organized Opposition. A statewide group led by former attorney general Bob Wefald has formed to oppose the Measure 3 legalization initiative. North Dakotans Against the Legalization of Recreational Marijuana calls legalization "bad law" and says the initiative would make North Dakota "the most liberal state for the regulation and control of marijuana."

Medical Marijuana

Senate Bill Would Legalize Medical Marijuana For Military Veterans. Sens. Bill Nelson (D-FL) and Brian Schatz (D-HA) on Wednesday filed the Veterans Medical Marijuana Safe Harbor Act, under which Department of Veterans Affairs (VA) doctors could issue medical cannabis recommendations to veterans in states where it is legal. The bill is not yet available on the congressional web site.

Mississippi 2020 Initiative Drive Gets Underway. A group called Medical Marijuana 2020 plans to start collecting signatures for a medical marijuana constitutional amendment next week, according to state Rep. Joel Bomgar, a Republican who is on the group's steering committee. The initial draft of the initiative appears very business-friendly, with no caps on the number of dispensaries or processors.

These Four States Will Vote on Marijuana in November [FEATURE]

Nine states and the District of Columbia have legalized marijuana since 2012, but all of those states have been in the West or the Northeast. This year, with marijuana legalization on the ballot in Michigan as well as North Dakota, legal weed could make a heartland breakthrough.

Similarly, medical marijuana's rise to acceptance continues, and this year, Missouri and Utah look set to join the ranks.

Two of these states -- Missouri and North Dakota -- also have incumbent Democratic senators up for reelection in tough campaigns this fall. Whether voters motivated by marijuana could help Claire McCaskill and Heidi Heitkamp retain their seats remains to be seen, but pot at the polls will generate interest among more liberal voters.

We could see New Jersey move quickly and legalize weed via the legislature sometime in the next two months, but barring that, it looks like we'll see at least one, and quite possibly two, new marijuana legalization states come election day and, most likely, two more medical marijuana states.

Here we go:

Michigan

Michigan is poised to become marijuana legalization's Midwest breakout state. The Coalition to Regulate Marijuana Like Alcohol has qualified a marijuana legalization initiative, Proposal 1, for the November ballot.

The measure would legalize the possession up to 2.5 ounces of pot for personal use and up to 10 ounces at home, as well as allowing for the personal cultivation of up to 12 plants and the fruits of that harvest. It also creates a system of taxed and regulated marijuana commerce, with a 10 percent excise tax at the retail level in addition to the 6 percent sales tax. The measure would give cities and counties the option of allowing pot businesses or not.

The initiative looks well-positioned to win in November. A February poll had support for legalization in Michigan at 57 percent, while a March poll came in at 61 percent. The most recent poll, from May, had support holding steady at 61 percent. Those are the kinds of polling numbers initiative and referendum experts like to see at the beginning of the campaign because they suggest that even with the inevitable erosion of support in the face of opposition attacks, the measure still has a big enough cushion to pull off a victory.

Missouri

Missouri voters will be able to choose from not one, not two, but three separate medical marijuana measures when they go to the polls in November. Two are constitutional amendments; one is a statutory initiative that could more easily be modified by the legislature.

Amendment 2, sponsored by New Approach Missouri, would allow doctors to recommend medical cannabis for any condition they see fit. Registered patients and caregivers would be allowed to grow up to six marijuana plants and purchase up to four ounces from dispensaries per month. Medical cannabis sales at dispensaries would be taxed at 4 percent.

Amendment 3, sponsored by Find the Cures, would let doctors recommend medical marijuana to patients who have any of a specific list of qualifying conditions (while regulators would be able to add more conditions in the future). The retail sales tax on medical marijuana would be set at the much higher rate of 15 percent. Funds would be used to support research with the aim of developing cures and treatments for cancer and other diseases.

Proposition C, backed by Missourians for Patient Care, also outlines a list of specific conditions that would qualify patients to legally use medical cannabis. Sales would be taxed at 2 percent.

An August poll conducted by TJP strategies had support for amending the state constitution to allow medical marijuana at 54 percent.

That there are three separate measures on the ballot could lead to some confusion. If multiple ballot measures on the same topic pass, the one with the most votes generally prevails. But because in this case two of the measures are constitutional amendments and one is a statutory measure, if the statutory measure gets more votes than either of the amendments, but at least one of them passes, it could be up to the state's court system to figure out which goes into effect.

While there is nothing stopping voters from voting "yes" on all three measures, there are also concerns that the multiplicity of options could result in splitting the pro-medical marijuana vote, with some voting "yes" on only one measure and "no" on the others. In this election, when it comes to medical marijuana, Missouri may have too much of a good thing.

North Dakota

The winds of change are blowing across the northern prairies. Just two years ago, North Dakota voters approved a medical marijuana initiative, and this year, a grassroots group, Legalize ND, managed to get enough signatures to get Measure 3, the Marijuana Legalization and Automatic Expungement initiative, on the November ballot.

This is a radical initiative. It would legalize all forms of marijuana for adults by removing marijuana, THC, and hashish from the state's controlled substance schedules, and it sets no limits on the amount of marijuana people could possess or how many plants they grow. It also provides for the automatic expungement of criminal convictions for anyone convicted of a marijuana-related crime that would be legal under the measure.

And it does not create a framework for regulated marijuana sales, nor does it set any taxes. Creating a system of taxed and regulated marijuana commerce would be up to the state legislature.

North Dakota is a deep red state -- Donald Trump got more than twice as many votes as Hillary Clinton in 2016 -- but the only poll done so far has the initiative leading. The June poll, commissioned by Legalize ND and conducted by the Florida-based Kitchen Group, had the initiative winning 46 percent to 39 percent, with 15 percent undecided.

That's good but not great news for Legalize ND. Yes, the initiative is leading, but the conventional wisdom among initiative and referendum watchers is that campaigns should be starting off with at least 60 percent support -- the assumption being that inevitable organized opposition is going to eat away at support levels in the final weeks of the campaign.

Utah

Sponsored by the Utah Patients Coalition, the medical marijuana statutory initiative, Proposition 2, has qualified for the November ballot. The bottom-up effort comes after the state legislature has refused to advance meaningful medical marijuana legislation.

Under the measure, people who suffer from one of a list of designated qualifying medical conditions could receive a medical marijuana card with a physician's recommendation. That would entitle them to possess up to two ounces of marijuana or any amount of a marijuana product with up to 10 grams of THC. Patients could not grow their own unless they live more than 100 miles from a dispensary. And the patients cannot smoke marijuana.

The measure has received opposition from the Church of Latter Day Saints (Mormons), but even church members don't appear to be heading the leadership on this one. A Utah Policy poll released Tuesday has support for the measure at 64 percent. Among Mormons, the church's active opposition has swayed only "very active" church members, who now narrowly oppose the measure. But "somewhat active" and "former" Mormons both overwhelmingly support it. It looks like medical marijuana is coming to the Land of Deseret.

Chronicle AM: Colombia Moves Backwards on Drug Policy, NYPD Pot Arrests Now Halted, More... (9/4/18)

Colombia's new president moves resolutely backward on drug policy, New York City's era of mass marijuana possession arrests is over, the California legislature has been busy, and more.

The era of New York City as the world's marijuana arrest capital has come to an end. (Creative Commons)
Marijuana Policy

California Lawmakers Pass Bill that Will Support Local Cannabis Equity Programs to Increase Representation in the Industry by Persons from Communities Most Harmed by Cannabis Prohibition. The legislature has approved Senate Bill 1294, which helps create equity in the cannabis industry through the distribution of grants to localities offering assistance to persons most harmed by cannabis prohibition and generational poverty. SB 1294 will offer grants to localities with existing equity programs -- such as Los Angeles, Oakland, Sacramento, and San Francisco -- to support them as they offer equity-qualifying applicants and licensees business loans and grants, regulatory compliance and technical assistance, and licensing fee waivers. SB 1294 reflects a nationwide movement to ensure that this growing industry is representative and accessible to all persons, no matter their financial or criminal history background. Advocates, entrepreneurs, and local governments now call on Gov. Jerry Brown (D) to sign this important measure.

Delaware Governor Signs Marijuana Expungement Bill Into Law. Gov. John Carney (D) last Friday signed into law Senate Bill 197, which "provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware's decriminalization of these offenses." The provision only applies to people who have no other criminal convictions on their records.

New York City Change in Marijuana Arrest Policy Now in Effect. As of Saturday, the NYPD is no longer arresting people for small-time marijuana use or possession in most cases. The city arrested more than 10,000 people on such charges last year. Officials said the change came because the arrests had nothing to do with public safety and were racially disproportionate. "Our new policy, we're going to see a humongous drop in people in communities of color being arrested for marijuana," NYPD Chief Rodney Harrison said. "And that was one of the whole goals of this whole new policy."

New Psychoactive Substances

DEA Makes Synthetic Cathinone Schedule I Substance. The DEA last Friday announced it was placing the synthetic cathinone N-Ethylpentylone into Schedule I of the Controlled Substances Act. This is a temporary scheduling action good for up to 24 months, during which time research will be conducted to see if the drug should be permanently scheduled. DEA said the drug was linked to 151 deaths in the US since 2015.

Sentencing Policy

California Lawmakers Pass Bill Giving Judges the Power to Set Aside Ineffective and Punitive Five-year Sentence Enhancement. The legislature last Friday gave final approval to Senate Bill 1393, which would restore judicial discretion to the application of a five-year sentence enhancement for each prior serious felony on a person's criminal record. Current law requires judges to add an additional five-years to cases, even when the judge believes that the punishment is unjust and unwarranted. If signed into law, judges would have maximum flexibility during the penalty phase of a trail to impose, or not impose, the additional five-years. A coalition of people who are directly impacted, their families, service providers, and advocates now call on Gov. Jerry Brown (D) to sign this important measure.

International

Colombian President Moves to Recriminalize Drug Possession. President Ivan Duque announced on Sunday measures to give police the power to seize personal use quantities of drugs that had previously been legalized. "This week will sign the decree through which, in development of the police code 02 of the 2009 legislative act, we will give the authorities tools to confiscate any dose of drugs or hallucinogens in the streets of Colombia, and thus face the root of micro-trafficking problems," said Duque. The measures would appear to contradict rulings by the country's Constitutional Court, which in 2012 approved the decriminalization of small amounts of cocaine and marijuana for personal use.

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