Marijuana Legalization

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Chronicle AM: Sessions Sought Free Rein on MedMJ, VT Legalization Still Alive, More... (6/14/17)

Lots of marijuana policy news today, plus GOP Rep. James Sensenbrenner files a bill to reauthorize the Second Chance Act.

Marijuana Policy

California Pot Shops Could Sell Both Recreational and Medical Marijuana Under New Proposal. Gov. Jerry Brown (D) and state legislators proposed Monday to allow medical and recreational marijuana to be sold by the same shops. The move was one of dozens of new regulations aimed at merging the medical and recreational marijuana industries contained in budget bills released Monday.

Nevada Lawsuit That Threatens July 1 Sales Date Still Alive. A Carson City district court judge on Tuesday denied the state's motion to dismiss a lawsuit brought by liquor distributors seeking a cut of the action in the state's emerging legal marijuana industry. The liquor distributors have won a temporary restraining order holding up the implementation of the state's marijuana sales law until their lawsuit is settled. The distributors claim the state's regulations for licensing marijuana distributors are arbitrary and unfair. This means the state's early July 1 legal sales goal is in jeopardy.

Nevada Governor Signs Three Pot Bills, Vetoes One. Gov. Brian Sandoval (R) has signed a bill setting a 15% wholesale tax on both medical and recreational marijuana (Senate Bill 478), and bills adjusting medical marijuana regulations (Senate Bill 344 and Assembly Bill 422), but vetoed a bill that would have allowed those convicted of past marijuana-related crimes involving an equal or lesser amount of what's now legal to have that crime vacated from their criminal records (Assembly Bill 259).

Rhode Island Legislature to Vote on Study Bill, But Advocates Say No Thanks. Marijuana legalization supporters said Wednesday they will not participate in a legalization study commission if it is approved by the General Assembly, calling it "a flawed delay tactic." Instead, Regulate Rhode Island is calling on legislative leaders to vote on a bill that would legalize personal possession and cultivation, but include no immediate plans for taxed and regulated marijuana commerce.

Vermont Governor, Legislative Leaders Move Toward Compromise on Legalization. After Gov. Phil Scott (R) vetoed the legalization bill, Senate Bill 16, he said he didn't oppose legalization in principle, but had concerns about youth use and impaired driving. He also said he wanted a study commission in the bill to have more time to examine how the state could implement legal marijuana commerce. Now, legislative leaders say they have come up with compromise language that addresses his concerns, including tougher penalties for selling to children and longer sentences for smoking in a car when a child is present. A spokesman for the governor said "We're making good progress toward an agreement." Legislators will need Republicans to waive a rule to bring the issue up for consideration during a looming special session, but Scott said if an agreement on the bill could be reached, he would seek to persuade Republican legislators to allow it to be taken up.

Medical Marijuana

Attorney General Session Asked Congress to Let Him Go After Medical Marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congresspeople to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.

Reentry/Rehabilitation

Rep. Sensenbrenner Files Second Chance Act Reauthorization Bill. Rep. Jim Sensenbrenner( R-WI) has filed House Resolution 2899 to reauthorize the Second Chance Act of 2007. That law provides funding to state, local, and tribal governments that are working to reduce recidivism and improve outcomes for people getting out of jail or prison.

Chronicle AM: LA County Deputies to Carry Naloxone, Florida MedMJ Bill Advances, More... (6/9/17)

New York lawmakers are beginning a new push for marijuana legalization, the Florida Senate has passed a medical marijuana implementation bill, LA County Sheriff's deputies begin carrying the overdose reversal drug Naloxone, and more.

The LA County Sheriff's Department becomes the largest police agency in the land to carry Naloxone. (pa.gov)
Marijuana Policy

New York Lawmakers Prepare Legalization Effort. State Sen. Liz Krueger (D-Manhattan) and Rep. Crystal Peoples-Stokes (D-Buffalo), along with advocates organized by the Drug Policy Alliance, will hold a press conference Monday to announce the reintroduction of the Marijuana Regulation and Taxation Act, Senate Bill 3040 and its Assembly companion, Assembly Bill 3506. The legislation would establish a legal market for adult-use cannabis in the state, with marijuana taxed and regulated in a fashion similar to how alcohol is regulated for adults over 21.

Rhode Island Legal MJ Backers Propose Compromise. Lawmakers trying to salvage a marijuana legalization effort have proposed a two-stage process where marijuana possession would be legalized first, but the legalization of marijuana commerce would come later. The proposal from Sen. Joshua Miller (D-Cranston) and Rep. Scott Slater (D-Providence) does not have the support of state Senate and House leaders, though. They are supporting a rival bill that would delay legalization by creating a legislative commission to study the issue.

Medical Marijuana

Arizona Attorney General Asks State Supreme Court to Reinstate Ban on Campus Medical Marijuana. Attorney General Mark Brnovich (R) has asked the state Supreme Court to review an appeals court ruling that struck down a ban on medical marijuana on college campuses. The state is arguing that the legislature had the right to alter the voter-approved medical marijuana law so that college students with medical marijuana cards could face felony arrests for possession of any amount of marijuana.

Florida Senate Passes Law Implementing Medical Marijuana. The state Senate on Friday approved a bill that would implement the state's constitutional amendment expanding the use of medical marijuana on a vote of 28-8. A similar bill fell apart during the legislature's regular session, but now, during a special session, it is moving. It must still past the House and be signed into law by Gov. Rick Scott (R) to become law. The bill would cap the number of medical marijuana cultivation operations at 25 statewide and it would not allow for the smoking of medical marijuana.

Harm Reduction

Los Angeles County Deputies to Start Carrying Naloxone. The Los Angeles County Sheriff's Department is about to become the largest law enforcement agency in the US to equip its members with the life-saving opioid overdose reversal drug. Some 600 Naloxone spray kits are being handed out this week, and the department plans to get the kits in the hands of 3,000 of its deputies by year's end.

Chronicle AM: Mexico Drug War Violence Roils Reynosa, RI MJ Commission Expanded, More... (6/8/17)

A Rhode Island legislative commission studying marijuana legalization gets an expanded membership, including more seats favorable to legalization, cartel infighting leaves a bloody toll in Reynosa, British public health experts call for festival pill testing, and more.

No let up in prohibition-related violence along the Rio Grande. (Borderlands Beat/Creative Commons)
Marijuana Policy

Rhode Island Legalization Commission Gets Expanded. The House Judiciary Committee has voted to expand the membership of a commission studying legalization by adding five more people. The five new members will add heft to the commission's pro-legalization contingent. They include the head of the local NAACP branch, a representative of Doctors for Cannabis Regulation, a criminal defense attorney, and the director of the local chapter of Direct Action for Rights and Equality. This brings the size of the commission to 22. The panel would report recommendations on legalizing marijuana to the General Assembly by March 2018.

Drug Policy

Wisconsin Seeks to Keep Locking Up Pregnant Women Suspected of Drug Use Despite Court Ruling. The state Department of Justice has asked the 10th US Circuit of Appeals to let it continue to apply a law allowing it to detain pregnant women it suspects of drug use even though a US district court judge struck it down in April. State officials first sought an emergency stay to block the ruling while they appeal, but when that was denied Monday, on Tuesday they asked to continue to apply the law to pending cases while it appeals the denial to the US Supreme Court.

International

British Public Health Group Calls for Pill Testing at Festivals. Citing the danger of "serious health harm" from stronger ecstasy in the UK, the Royal Society for Public Health is calling for a program to allow festival goers to test their drugs on site. The society reported than a one-off pill testing pilot program last year resulted in 18% of people bringing their drugs in deciding to through them in the garbage after they turned out to be counterfeit or adulterated.

Mexico Drug War Violence Continues to Roil Reynosa. At least 50 people have been killed in the past month in the Mexican border town of Reynosa, just across the Rio Grande River from McAllen, Texas, according to unofficial counts in local media. Most of the dead are reportedly gunmen from rival factions of the Gulf Cartel, who are fighting for control of local drug trafficking routes, but at least one civilizan -- a taco cart vendor -- is among the dead.

The Marijuana Economy Dwarfs Ten of America's Most Popular Food and Drink Staples

This article was produced in collaboration with AlterNet and first appeared here.

Marijuana is legal in eight states and the District of Columbia, and medical marijuana is legal in nearly 30 (although often under quite restrictive regulatory schemes). Between the two, legal weed is generating total annual sales of between $4 billion and $4.5 billion.

But legal marijuana sales are dwarfed by sales in the black market, which according to a recent report in Marijuana Business Daily, accounts for about ten times the size of the legal market, or about $45 billion to $50 billion.

That's still only about half the size of the legal beer and tobacco market, and it's more than it might be when legalization ultimately drops prices, which most observers expect. Nevertheless, it is nothing to sneeze at, and it puts marijuana well ahead of some major American economic sectors. Here are ten products or services already being surpassed by pot, with the first five being smaller than the legal market and the second five being smaller than the estimated overall market, including both licit and illicit markets. Some of these industries could hope for synergistic effects, though.

1. Girl Scout cookies

Thin Mints are the hands-down winner when it comes to Girl Scout cookies, accounting for 25% of all sales, but that's only around $200 million. All told, Americans shelled out $776 million for the treats last year. That's a lot of cookies, but that's less than one-quarter of the size of the legal pot market.

2. Tequila

Shots with lime and salt, margaritas, Tequila sunrises... Americans gulp down a huge volume of the Mexican agave concoction every year, but the $2.3 billion in annual tequila sales is only half the size of the legal marijuana market. Of course, tequila is only a fraction of the alcohol industry, which still rocks compared to weed. Beer sales alone are more than $100 billion a year.

3. Music streaming services

Who doesn't love music and want it handy on all their devices? Music streaming services such as Spotify, Pandora, Apple Music, and Amazon Music Unlimited are big, big, big, but at about $2.5 billion in annual sales, only half as big as legal weed.

4. Erectile dysfunction medication

Viagra and Cialis can't stand up against legal marijuana, either. There's a huge potential market out there, with an estimated 52% of men experiencing erectile dysfunction at some point in their lives, but annual sales for the two drugs combined is still only $2.7 billion.

5. Frozen pizza

From Tombstone to California Pizza Kitchen, take-home store-bought frozen pizzas are a traditional favorite of millions of Americans. And now, we're finally reaching sales parity with legal pot. Frozen pizzas account for $4.4 billion in sales each year, very near the amount spend on legally purchased marijuana.

6. Ice cream

Retail ice cream sales come to $5.1 billion a year, just barely exceeding the high-end estimate for legal pot sales, but barely one-tenth the size of the estimated black and legal marijuana markets. That's still a lot of scoops, though.

7. Movie tickets

Let's go to the movies! Even though movie tickets aren't exactly cheap, people still pay for that theatrical cinematic experience to the tune of $11.1 billion in ticket sales per year (not counting snacks). That's only about a quarter of the size of the overall pot market. Being stoned on weed could make some of those lame loser movies more palatable.

8. The NFL

Pro football is a monster, dominating sports TV, radio, and internet for half the year and generating $13.3 billion in annual revenues. At the rate legal marijuana markets are expanding (just wait for California!), legal pot sales alone could surpass NFL revenues within just a few years, and the total estimated market is more than three times what the league is bringing in.

9. Gambling

Pot is bigger than Vegas? Yep. And Reno and Atlantic City and all those casinos everywhere combined. Make no mistake -- gambling is big business, with Americans burning through $34.6 billion a year, according to the American Gambling Association, but Americans are burning through even more weed, and we'd wager that's going to go up, too.

10. Daycare for kids

Daycare for kids isn't exactly inexpensive and it's an issue for millions of American working families. According to IBISWorld's market research, that's a $48 billion hit on the family budget. It's an awful lot of money. It's also more or less the amount Americans are spending on pot right now.

Chronicle AM: NYT Says ODs at Record High, WI Gov Advances Medicaid Drug Testing, More... (6/7/17)

Drug overdoses are at an all time high, drug war dinosaur senators want to return to harsh sentencing, Wisconsin's GOP governor moves forward with first in the nation plan to drug test Medicaid applicants, and more.

Fatal drug overdoses totaled nearly 60,000 last year, the New York Times reports. (Wikimedia)
Marijuana Policy

Connecticut House Debates Legalization, But There is No Vote. The House debated the pros and cons of marijuana legalization Tuesday night, but Democratic leaders then ended debate without any vote. They said a legalization bill would have failed in the House, but the debate could increase the chances of legalization being included as part of a budget bill, although observers describe that prospect as "a long shot."

Wichita Reduces Pot Penalties. The city council voted Tuesday to adopt an ordinance that would reduce the penalty for possession of up to 32 grams (slightly more than an ounce) of marijuana to $50 plus court costs.

ACLU, Drug Policy Alliance Sue Southern California City Over Pot Cultivation Ordinance. The ACLU of California and the Drug Policy Alliance are suing Fontana, claiming that the city's marijuana ordinance conflicts with rights granted to all Californians under Proposition 64. Under Prop. 64, every Californian 21 or older has a right to cultivate up to six marijuana plants for personal use. But the law also says cities or counties can ban outdoor gardens and "reasonably regulate" indoor grows.Fontana -- a city of 200,000 people that sits 50 miles east of Los Angeles -- passed an ordinance in January that requires residents who want to cultivate up to six plants inside their home to first get a $411 permit from the city and not have any drug convictions within the past five years, a policy the groups describe as both illegal and "egregious."

Medical Marijuana

Arkansas Finalizes Process for Medical Marijuana Applications. In a meeting Tuesday, the state Medical Marijuana Commission finalized the process for accepting applications for medical marijuana growers and sellers. The move comes after the commission developed a more detailed scoring system for ranking applicants. The application period will open June 30 and go on for 90 days. The commission will distribute 32 dispensary licenses and five cultivation facility licenses.

Florida Lawmakers Reach Agreement on Implementing Medical Marijuana. Lawmakers on Wednesday came to agreement on how to implement the state's voter-approved medical law. Under the agreement, ten new growers will be licensed this year, with five licenses going to previous applicants, five going to new applicants, and at least one reserved for a black farmer. The state current licenses only seven commercial grows. The agreement also caps the number of dispensaries each grower can operate at 25.

Oregon Bill to Let Medical Growers Sell Up to 20 Pounds in Recreational Market Advances. A bill that seeks to reshape the state's medical marijuana program so it can coexist with legal recreational marijuana is advancing. House Bill 2198, which would let medical growers sell up to 20 pounds in the recreational market in a bid to stay viable, passed the Joint Committee on Marijuana Regulation last week and is now before Joint Committee on Ways and Means.

Heroin and Prescription Opioids

New York Times Investigation Finds Drug Overdose Deaths Reached All-Time High in 2016. The New York Times published on Monday an investigative report that found that drug overdose deaths last year reached an all-time high, suggesting that the country's long-term opioid crisis continues to worsen and that younger age groups in the U.S. are experiencing record numbers of opioid overdoses than in the past. The Times looked at preliminary overdose data for 2016 provided by hundreds of state and local health authorities, concluding: "Drug overdoses are now the leading cause of death among Americans under 50, and all evidence suggests the problem has continued to worsen in 2017." The report estimates that more than 59,000 people died from a drug overdose in 2016 -- an increase of 19% from 2015. The report does not elaborate on which drugs are behind the estimated jump in overdose deaths last year, nor does the report indicate which age groups under 50 saw the largest increase in overdose deaths over prior years.

Senate Drug Warriors Feinstein and Grassley Prepare Bill With Tough New Penalties for Synthetic Opioids. The senior members of the Senate Judiciary Committee are preparing a bill that would create tough new penalties for people caught with synthetic opioids. A draft of the bill would give the attorney general the power to ban all kinds of synthetic drugs and it would impose a 10-year maximum sentence on people caught selling them for a first offense. A second offense would see the sentence double. The bill would penalize people selling drugs at a low level in the US, critics said.

Drug Testing

Wisconsin Submits Request to Drug Test Medicaid Applicants. Gov. Scott Walker (R) on Wednesday officially submitted a request for a federal waiver to become the first state in the country to drug test applicants for Medicaid benefits. Walker said the plan would provide drug addicts with treatment and make them employable. "Healthy workers help Wisconsin employers fill jobs that require passing a drug test," Walker's administration said in a press release Wednesday announcing the waiver. But critics called the notion a waste of money and an insult to people who need Medicaid.

Chronicle AM: Supreme Court Restricts Forfeiture, Rejects College Drug Test Bid, More... (6/6/17)

The Supreme Court makes two good drug policy-related rulings in one day, the California Assembly approves both a marijuana "sanctuary" bill and a supervised injection site bill, last-ditch efforts to free the weed in Connecticut hit a bump, and more.

The Supreme Court rules favorably on two drug policy-related issues. (Wikimedia)
Marijuana Policy

California Assembly Passes Marijuana "Sanctuary" Bill. The Assembly has approved Assembly Bill 1578, which would prohibit state resources from being used to help enforce federal marijuana laws that conflict with state law. The bill from Assemblyman Reggie Jones-Sawyer (D-Los Angeles) now goes to the state Senate.

Connecticut Legalization Measure Still Stalled. The last-ditch effort to get legalization passed through the budget process broke down early Monday just minutes before a press conference announcing a compromise was to be announced. Rep. Melissa Ziobron (R-East Haddam) complained that she didn't see a copy of the legalization amendment until just minutes earlier, when she learned that Rep. Josh Elliot (D-Hamden) and other Democrats had been crafting the measure since last Friday. "This isn't about headlines. This isn't about a news conference," Ziobron said. "This is about what's good for the state of Connecticut, and doing it last-minute, doing it in a way that is not bipartisan, is very worrisome and should be for every single person in this state."

Nevada Republicans Kill Governor's Pot Tax Bill. A bill supported by Gov. Brian Sandoval (R) that would have imposed a 10% tax on recreational marijuana sales has been defeated in the Senate after Republicans refused to support it because of unrelated budget issues. The vote was 12-9 in favor, but because it was a budget bill, it needed a two-thirds majority, or 14 votes, to pass.

Medical Marijuana

Florida Governor Uses Line-Item Veto to Kill Medical Marijuana Research Projects. Gov. Rick Scott (R) used his line-item veto power to kill three line items that would have provided more than $3 million dollars to the Moffitt Cancer Center and the University of Florida for medical marijuana research. In his veto message, Scott wrote that the institutions had plenty of money to fund the research on their own.

Asset Forfeiture

Supreme Court Restricts Asset Forfeiture in Drug Cases. In a decision handed down Monday, the US Supreme Court has moved to restrict prosecutorial efforts to seize money or goods from drug defendants. In Honeycutt v. US, brothers Terry and Tony Honeycutt were convicted of selling methamphetamine precursor chemicals, and the feds then swooped in to seize $200,000 of the estimated $270,000 profits from the sales. But they then sought to seize the remaining $70,000 from Terry Honeycutt, who was only an employee at his brother's hardware store, and that crossed a line, the court said. "Congress did not authorize the government to confiscate substitute property from other defendants or coconspirators," Sotomayor said. "It authorized the government to confiscate assets only from the defendant who initially acquired the property and who bears responsibility for its dissipation."

Drug Testing

Supreme Court Refuses to Hear Appeal from Missouri Tech College That Wanted to Drug Test All Students. The US Supreme Court on Monday declined to hear an appeal from the State Technical College of Missouri of an appeals court ruling that its mandatory drug testing policy is unconstitutional when applied to all students. Lower courts had upheld mandatory suspicionless drug testing of only a handful of the school's disciplines where safety was a key element. "This case establishes -- once and for all -- that under the Fourth Amendment, every person has the right to be free from an unreasonable search and seizure, including college students," the ACLU, which filed the class-action lawsuit in 2011, said in a statement Monday.

Harm Reduction

California Assembly Passes Supervised Injection Sites Bill. The Assembly last Thursday approved Assembly Bill 186, which would allow for the provision of supervised drug consumption sites. The pioneering harm reduction measure sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now moves to the state Senate. "California is blazing a new trail toward a policy on drug addiction and abuse that treats it as the medical issue and public health challenge that it is, and not as a moral failing," said Talamantes Eggman. "We are in the midst of an epidemic, and this bill will grant us another tool to fight it -- to provide better access to services like treatment and counseling, to better protect public health and safety, and to save lives."

Chronicle AM: NH Decrim Goes to Governor, VA Secretary Open to MedMJ for PTSD, More... (6/1/2017)

A decriminalization bill is heading to the New Hampshire governor's desk, Vermont's governor holds out hope for a legalization bill, Trump's opioid addiction commission will meet in a couple of weeks, and more.

Marijuana Policy

Nevada Pot Shop Rollout Could Be Delayed By Lawsuit. A state district court judge on Tuesday issued a temporary restraining order prohibiting the state Department of Taxation from enforcing a Wednesday deadline for license applications for the state's program to get legal marijuana sales off to an early start. The order came in response to a lawsuit from the Independent Alcohol Distributors of Nevada, who complain that the ballot measure that legalized weed in the state gave liquor wholesalers exclusive rights to distribution licenses for the first 18 months of sales. Distributors are those responsible for transporting marijuana from grows and production facilities to dispensaries.

New Hampshire Legislature Gives Final Approval to Decriminalization Bill. The House on Thursday voted to accept Senate changes to House Bill 640, which will decriminalize the possession of up to three-quarters of an ounce of marijuana. The bill now goes to the desk of Gov. Chris Sununu (R) is expected to sign the bill into law within the next couple of weeks.

North Dakota Legalization Signature Drive Will Begin in Fall. Proponents of a 2018 legalization initiative campaign say they will begin a signature gathering campaign in the fall, once students return to classes. A core group of individuals is working on a draft to be submitted to the secretary of state's office later this summer.

Vermont Governor Says Talks Continue on Marijuana Legalization Bill. Gov. Phil Scott (R) said Wednesday he thought it was still possible to pass a marijuana legalization bill during a two-day veto session set for later this month. Republican legislative leaders have said they wouldn't allow a parliamentary maneuver necessary to pass a revised legalization bill, but Scott said that if his public safety concerns are addressed, he could reach out to GOP leaders.

Medical Marijuana

VA Secretary Says He's Open to Medical Marijuana for PTSD. Department of Veterans Affairs Secretary David Shulkin on Wednesday said he is open to expanding the use of medical marijuana to treat soldiers with post-traumatic stress disorder in states where it is legal. "There may be some evidence that this is beginning to be helpful and we're interested in looking at that and learning from that," Shulkin said during a press conference. "Right now, federal law does not prevent us at VA to look at that as an option for veterans... I believe that everything that could help veterans should be debated by Congress and by medical experts and we will implement that law."

Drug Policy

Trump Addiction Commission Set to Meet June 16. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) has announced that the President's Commission on Combating Drug Addiction and the Opioid Crisis will hold an inaugural meeting on June 16. The commission, which is loaded with drug policy conservatives, is charging with providing "advice and recommendations for the President regarding drug issues." The meeting will be at 12:30pm ET and will be available for public viewing via live stream.

International

Peru Takes First Casualties in Offensive in Key Coca Growing Region. A week after Peru announced that security forces were entering the region known as the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM) in a bid to suppress the coca crop in the country's largest coca growing region, two policemen were killed in an ambush by presumed drug traffickers Wednesday. Police said they were killed in the Luricocha district, where traffickers have allegedly allied themselves with remnants of the Shining Path guerrillas.

Canada Tories Want to Remove Home Grow Provisions From Legalization Bill. Conservatives in parliament are criticizing a provision in the legalization bill that would allow adults to grow up to four marijuana plants per household. "Is there any easier way to get marijuana than if your parents and everybody have got plants in the kitchen?" Tory justice critic Rob Nicholson, a former attorney general, asked in a speech to the House. Another Tory MP, Marilyn Gladu, warned that children could eat the plants. "Kids eat plants all the time because their parents do not put them up in the cupboard,” she said, ignorant of the fact that THC in marijuana plants must be heated in order to convert non-psychoactive THCA to THC, the stuff that gets people high.

SD Attorney General Foiled in Bid to Prosecute Tribal Marijuana Industry Consultant

South Dakota Attorney General Marty Jackley (R) thought he had the perfect case to help burnish his tough-on-pot prosecutorial credentials as he eyes the governorship in the socially conservative state. It didn't work out that way, though.

Eric Hagen, who was set to be sacrificed on the altar of Jackley's ambitions, walked free last week after a jury in Flandreau refused to convict him of a marijuana trafficking conspiracy for his company's efforts to advise the Flandreau Santee Sioux Tribe on a marijuana cultivation operation and resort.

The tribe last year had announced plans for the operation after tribes across the country received an unsolicited okay from the federal government to pursue marijuana operations and hired Hagen's Colorado-based Monarch America to help get the operation up and running. But facing mixed signals -- including threats of possible raids -- from federal officials and staunch opposition from state and local officials, the tribe tore up its plants last fall.

State officials got what they wanted, the tribe gave up its plans, Monarch America closed up shop on the reservation, and the matter appeared to be settled. But nine months later, as Jackley geared up for his 2018 gubernatorial run, he brought marijuana trafficking charges against Hagen and Monarch Vice President Jonathan Hunt.

The move came even though state attorneys general can't prosecute non-Indians for crimes on reservations. In a novel move, Jackley argued that his office did have jurisdiction to prosecute victimless crimes committed by non-Indians.

Facing up to ten years in state prison, Hunt copped to one count of conspiracy in August and agreed to testify against his business partner, but Hagen decided to fight and went to trial beginning last Friday. As a witness, Hunt testified that he did not think he was really guilty of crime, but accepted a plea bargain because he didn't want to risk a prison sentence.

At the trial, jurors had to decide whether Hagen possessed or intended to possess marijuana and whether he engaged in a conspiracy. The state's case took a blow when Santee Sioux tribal officials, including Chairman Tony Reider, testified that it was the tribe's marijuana, not Hagen's, and that Hagen and Hunt were merely consultants.

Defense attorney Mike Butler also successfully challenged the conspiracy claim, noting in arguments and questions to witnesses that there was nothing secret about the tribe's plans. As Butler noted, the tribe and Monarch America had been very open about their plans and had invited media, lawmakers, and even the FBI to tour the grow operation.

Butler also alluded to the political subtext behind Jackley's prosecution of the consultants. "My client and Mr. Hunt are collateral damage," he said.

The jury agreed, finding Hagen not guilty after only two hours of deliberation Wednesday.

Hagen is a free man, but his company must now be rebuilt, and the Sioux Falls native is calling out Jackley for attempting to ride to higher political office on his back.

"He tanked our company by spreading lies and rumors," Hagen said. "It was 100% politically motivated. This was simply a media ploy for Jackley because he's running for governor in 2018."

Flandreau, SD
United States

Chronicle AM: Senators' Sessions Forfeiture Letter, Canada Legalization Debate, More... (5/31/17)

A bipartisan group of US senators has sent Attorney General Sessions a letter asking him to rein in federal civil asset forfeiture, the Rhode Island House is voting on a pot legalization study commission, the Canadian parliament begins debating the government's legalization bill, and more.

Marijuana Policy

California Senate Votes to Make Marijuana Use in Cars an Infraction. The state Senate on Tuesday approved Senate Bill 65, which would prohibit the use of marijuana in automobiles because of concerns over drugged driving. The bill would make the offense a violation, punishable by no more than a fine. The bill now goes to the Assembly.

Rhode Island House to Vote Today on Legalization Study Commission. The House is set to vote today on a bill creating a 17-member panel to "conduct a comprehensive review and make recommendations regarding marijuana and the effects of its use." The commission would have until March 1, 2018 to report its findings to the General Assembly. Adopting the bill effectively blocks legalization in the state until next year at the earliest. This measure is supported by anti-reform state Attorney General Peter Kilmartin and Smart Approaches to Marijuana. If the measure passes the House, it then goes to the Senate.

Wisconsin Decriminalization Bill Gets Lone Republican Supporter. Legislative proponents of marijuana decriminalization held a press conference on Tuesday to rally support for a bill that would remove criminal penalties for possession of 10 grams or less. Three Democratic cosponsors were joined by Republican Rep. Adam Jarchow (District 28) at the presser, where they conceded their bill was unlikely to pass this year, but was intended to get the ball rolling.

Medical Marijuana

Arkansas Regulators Delay Voting on Final Rules for Another Week. The state Medical Marijuana Commission needs another week to finalize some rules, commission Chairwoman Dr. Ronda Henry-Tillman said Tuesday. If it indeed finalizes rules next week, applications for medical marijuana businesses will open up on June 30.

Asset Forfeiture

Bipartisan Group of Senators Ask Session to Rein In Asset Forfeiture. Six US senators have sent a letter to Attorney General Jeff Sessions asking him to change Justice Department policy on civil asset forfeiture. "We encourage the Department of Justice to revise its civil asset forfeiture practices to reflect our nation's commitment to the rule of law and due process," Sens. Mike Lee (R-UT), Rand Paul (R-KY), Mike Crapo (R-ID), Martin Heinrich (D-NM), Tom Udall (D-NM) and Angus King (I-ME) wrote to Sessions. "We encourage the Department of Justice to revise its civil asset forfeiture practices to reflect our nation's commitment to the rule of law and due process." Noting that Supreme Court Justice Clarence Thomas had recently expressed skepticism about the practice, they added: "You need not wait for Supreme Court censure before reforming these practices, and, in any event, the Department of Justice should err on the side of protecting constitutional rights."

International

Canada Begins Debating Government's Marijuana Legalization Bill. Parliamentary debate on the C-45 legalization bill got underway Tuesday. Supported by Prime Minister Justin Trudeau, the bill is expected to pass, making Canada the second country after Uruguay to legalize marijuana.

South African Opioid Substitution Program Underway. The city of Tshwane and the University of Pretoria are collaborating on a pilot opioid substitution therapy (OST) program in seven clinics in central Pretoria and Tshwane townships. Doctors are prescribing drugs such as methadone and buprenorphine to be consumed under direct supervision of health workers. The program also links patients to counseling and job skills, as well as testing for HIV and Hep C.

Chronicle AM: Israel Decrim Now in Effect, VT MJ Advocates Seek Path Forward, More... (5/30/17)

There may be hope, albeit slim, for legalization yet this year in Vermont, Israeli marijuana decriminalization has gone into effect, South Carolina becomes the 31st hemp state, and more.

Marijuana Policy

Keeping Hope Alive in Vermont. Marijuana legalization advocates met last Friday with members of Gov. Phil Scott's (R) staff to discuss possible revisions in the marijuana legalization bill, Senate Bill 22, that could make it palatable enough to Scott to make him put away his veto pen. Scott vetoed the bill last week, saying he was not philosophically opposed to legalization, but wanted tougher penalties for using marijuana around children and a delay in the deadline for a legislative commission to study legalizing marijuana commerce. The current bill would only legalize personal possession and cultivation.

Medical Marijuana

Detroit Has Closed 167 Unpermitted Dispensaries; More to Come. The city's crackdown on illegally operating dispensaries has seen 167 of them shuttered since the campaign began last year, and another 51 are in line to be closed in coming weeks, according to Detroit corporation counsel Melvin Butch Hollowell. The city had identified 283 illegally operating dispensaries and has a goal of reducing the number in the city to 50.

Hemp

South Carolina Becomes 31st Hemp State. Gov. Henry McMaster (R) has signed into law House Bill 3559, which establishes a state hemp program that will award 20 licenses to farmers to grow and harvest hemp fields of up to 20 acres each. The bill passes the House unanimously and the Senate with a single "no" vote.

International

Trump Budget Would Cut in Half Mexican Drug War Aid. The administration's proposed budget for next year would cut almost in half foreign aid payments to Mexico, most of which goes to the police and military to wage the drug war south of the border. The budget does include $1.6 billion for building the border wall, though.

Israel Marijuana Decriminalization Has Gone Into Effect. As of this week, marijuana possession is decriminalized in Israel. People caught in possession of 15 grams or less will face a $280 fine for a first offense and a $560 fine for a second offense. Third time offenders will be investigated for drug offenses and have the violation added to their criminal records, while fourth-time offenders will face arrest.

Drug War Issues

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