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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.

Medical Marijuana Update

A group of federal lawmakers asks the VA to study medical marijuana as an alternative to opioids, Michigan could loosen up a bit, Ohio sees delays, and more.

National

Lawmakers Ask VA Secretary to Research Marijuana as Alternative to Opioids. A bipartisan group of legislators sent a letter last Thursday to Veterans Affairs Secretary Robert Wilkie asking him to begin a "rigorous clinical trial" of medical marijuana for PTSD and chronic pain. "We believe VA has the authority, ability, and capacity to carry out such a study," they wrote. "Many of our nation's veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy." Signatories to the letter were Rep. Phil Roe (R-TN)., Sen. Dan Sullivan, (R-AK), along with Democrats Sen. Jon Tester of Montana and Rep. Tim Walz of Minnesota.

Connecticut

Connecticut Regulators Add New Qualifying Conditions. The General Assembly's Regulations Review Committee has released updated medical marijuana regulations that add new qualifying conditions for adults and children. The conditions include spasticity or pain associated with fibromyalgia, severe rheumatoid arthritis, post-herpetic neuralgia, hydrocephalus with intractable headache, neuropathic facial pain, and muscular dystrophy.

Michigan

Michigan Regulators Propose Allowing Online Orders, Home Delivery. The state's Bureau of Medical Marijuana Regulation has proposed a rule to allow online orders and home delivery. The rule is aimed at helping people who don't live near a marijuana supplier. A public hearing is set for next month.

Ohio

Ohio Regulators Say State Will Not Meet Saturday Deadline for Medical Marijuana. Officials with the State Medical Board, Board of Pharmacy, and Board of Commerce say they will not be able to meet a Saturday deadline for getting the state's medical marijuana program up and running. Some licenses have been issued, but no growers yet have crops ready to go to market.

Utah

Utah Initiative Campaign Files Election Complaint Over Opposition Radio Ad. The Utah Patients Coalition Tuesday filed a complaint with the lieutenant governor's office about an ad from Drug Safe Utah that declares "Prop 2 is actually about recreational use and not medical." "DSU has published a false statement in relation to Prop 2, a ballot measure, that will affect how people vote in the November election. We therefore request the Elections Division to order DSU to immediately cease and desist all such claims regarding Prop 2 being an attempt to legalize 'recreational use,'" the complaint reads. Drug Safe Utah said it stood by its ad.

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

Chronicle AM: Malaysia Death Sentence for Cannabis Oil, OH MedMJ Delays, More... (9/5/18)

A Malaysian court has sentenced a man to death for providing cannabis oil to patients, a group of lawmakers asks the VA to study medical marijuana as an alternative to opioids, and more.

Ohio medical marijuana patients will have to wait a little longer.
Medical Marijuana

Lawmakers Ask VA Secretary to Research Marijuana as Alternative to Opioids. A bipartisan group of legislators sent a letter last Thursday to Veterans Affairs Secretary Robert Wilkie asking him to begin a "rigorous clinical trial" of medical marijuana for PTSD and chronic pain. "We believe VA has the authority, ability, and capacity to carry out such a study," they wrote. "Many of our nation's veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy." Signatories to the letter were Rep. Phil Roe (R-TN), Sen. Dan Sullivan, (R-AK), along with Democrats Sen. Jon Tester of Montana and Rep. Tim Walz of Minnesota.

Ohio Regulators Say State Will Not Meet Saturday Deadline for Medical Marijuana. Officials with the State Medical Board, Board of Pharmacy, and Board of Commerce say they will not be able to meet a Saturday deadline for getting the state's medical marijuana program up and running. Some licenses have been issued, but no growers yet have crops ready to go to market.

Utah Initiative Campaign Files Election Complaint Over Opposition Radio Ad. The Utah Patients Coalition Tuesday filed a complaint with the lieutenant governor's office about an ad from Drug Safe Utah that declares "Prop 2 is actually about recreational use and not medical." "DSU has published a false statement in relation to Prop 2, a ballot measure, that will affect how people vote in the November election. We therefore request the Elections Division to order DSU to immediately cease and desist all such claims regarding Prop 2 being an attempt to legalize 'recreational use,'" the complaint reads. Drug Safe Utah said it stood by its ad.

International

Death Sentence for Malaysia Man Who Gave Patients Free Cannabis Oil. A Malaysian court has sentenced a man to death for processing cannabis oil and distributing it to patients. Muhammed Lukman was sentenced on August 30 after being convicted of possessing, processing, and distributing cannabis oil. There is no allegation that Lukman profited from his activities, but he was still found guilty of violating a provision of the country's Dangerous Drug Act that mandates the death penalty. Malaysia is one of at least 33 countries that resort to the death penalty for drug offenses.

Chronicle AM: CA Ends Cash Bail But It May Be Worse, Marianas Islands Legalization Bill Passes, More.... (8/30/18)

California ends cash bail for criminal defendants -- but cash bail opponents don't think it was worth it -- the Northern Marianas Islands legislature passes a marijuana legalization bill, Oregon activists look forward to cannabis cafes, and more.

California Gov. Jerry Brown (D) signs landmark legislation essentially ending cash bail for prisoners awaiting trial. (Facebook)
Marijuana Policy

New York Governor Announces Series of "Listening Sessions" on Marijuana Legalization. Gov. Andrew Cuomo (D) has announced that state officials will hold a series of "listening sessions" about marijuana legalization beginning next week. "Community input is critical as we work to draft balanced and comprehensive legislation on a regulated marijuana program in New York," Cuomo said in a press release. "The multi-agency report identified the benefits of a regulated marijuana market, and with these listening sessions, we are taking another important step to develop a model program for New York. We look forward to hearing what New Yorkers in every corner of the state have to say." The announcement comes a day after the Assembly announced it would hold a series of public hearings on the issue this fall.

Northern Marianas Legislature Passes Marijuana Legalization Bill. The Northern Marianas' Commonwealth Legislature has approved a bill to legalize and regulate marijuana for adult and medical use. H.B. 20-178 will now be sent to Gov. Ralph Deleon Guerrero Torres for his consideration. The House approved the bill 18-1-1 on August 8 and the Senate approved it 6-0-2 on Thursday. The bill allows adults to possess up to an ounce of weed and register to grow up to six mature and 12 immature plants at home. It also directs the legislature to set taxes and fees on regulated marijuana businesses.

Oregon Activists Want Cannabis Cafes, Could Go Initiative Route if Legislature Doesn't Act. The marijuana advocacy group the New Revenue Coalition says it will push lawmakers next year to legalize the existence of cafes and lounges dedicated to onsite marijuana consumption. The group also plans to begin gathering signatures for a 2020 initiative as a back-up plan." Cannabis consumers deserve a place to use their cannabis safely and legally. This is a social justice issue that disproportionately affects the poor, patients and communities of color," said Madeline Martinez, a national board member for National Organization for the Reform of Marijuana Laws and executive director of Oregon NORML.

Medical Marijuana

Connecticut Regulators Add New Qualifying Conditions. The General Assembly's Regulations Review Committee has released updated medical marijuana regulations that add new qualifying conditions for adults and children. The conditions include spasticity or pain associated with fibromyalgia, severe rheumatoid arthritis, post-herpetic neuralgia, hydrocephalus with intractable headache, neuropathic facial pain, and muscular dystrophy.

Michigan Regulators Propose Allowing Online Orders, Home Delivery. The state's Bureau of Medical Marijuana Regulation have proposed a rule to allow online orders and home delivery. The rule is aimed at helping people who don't live near a marijuana supplier. A public hearing is set for next month.

Criminal Justice

California Governor Signs Bill to End Cash Bail. Gov. Jerry Brown (D) on Tuesday signed into law a bill that almost entirely ends the state's cash bail system. Instead, judges will have greater power to decide who should remain behind bars awaiting trial. Senate Bill 10 would virtually eliminate cash bail. "Today, California reforms its bail system so that rich and poor alike are treated fairly," Brown said in a statement. Human Rights Watch was among the criminal justice reform groups who don't see it that way. In mid-August they pulled support for the bill, saying it would substitute one bad system for another.

Medical Marijuana Update

Oregon drastically reduces the daily purchase limit for patients, Oklahoma continues to try to get its nascent system up and running, and more.

Illinois

Illinois Governor Signs Bill to Allow Medical Marijuana as Alternative to Opioids. Gov. Bruce Rauner (R) on Tuesday signed into law a bill to allow patients to use medical marijuana as an alternative to opioids. "Opioid abuse disorder is taking the lives of Illinoisans, thousands of lives. Opioid abuse disorder is disrupting and destroying families across our state and across the country," Rauner said at the bill signing at the Chicago Recovery Alliance. "We've got to do everything we can to stop this vicious epidemic, and today, I'm proud to sign a bill that helps us stop this epidemic. Medical cannabis creates an opportunity to treat pain in a less intrusive, less obstructive way than opioids."

Oklahoma Proposed Medical Marijuana Regulations Now Open for Public Comment. State officials are now asking the public for its input on the regulation and implementation of medical marijuana in the state. "Lawmakers in the legislative working group are seeking a path forward to implement State Question 788 in a way that conforms to the desires of voters who passed the law," said Speaker Charles McCall (R-Atoka). "To do that effectively, the working group needs as much input as possible from citizens -- supporters, advocates, patients, health-care providers, public safety and law enforcement officers and even those who have concerns. I would encourage all Oklahomans who have an interest in this issue to use this opportunity to share input and have their voices heard." Comments can be sent to [email protected]. Messages will then be shared with members of the working group.

Oregon

Oregon Regulators Slash Daily Purchase Limit for Patients. In a bid to reduce leakage into the black market, the Oregon Liquor Control Commission last Thursday dramatically reduced the amount of medical marijuana patients can purchase each day. Medical cardholders may now buy only one ounce a day, not the 24 ounces that had been the limit. The emergency change is in effect until December 27.

Utah

Mormon Church Sends Out Letter Opposed Utah Medical Marijuana Initiative. The Salt Lake City-based Church of Latter Day Saints has mailed a letter to church members urging a "no" vote on the state's November medical marijuana initiative. The letter claims the measure would create "a serious threat to health and public safety, especially for our youth and young adults, by making marijuana generally available with few controls."

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

Chronicle AM: DOJ Takes Aim at SISes, States Demand Congress Act on Pot Banking, More... (8/28/18)

Even as a California safer injection site bill approaches final passage, the Justice Department takes aim at the harm reduction practice; state financial regulators want Congress to act on marijuana banking, and more.

Vancouver's InSite safer injection site. Coming soon to San Francisco? (Creative Commons)
Marijuana Policy

State Financial Regulators Call on Congress to Deal With Marijuana Banking Problems. The top financial regulators in 13 states sent a letter last week to congressional leaders demanding that they take action to protect banks working with marijuana businesses. The conflicts between state-level legalization and federal prohibition have created confusion in the financial sector and jeopardized public safety, the regulators said. "It is incumbent on Congress to resolve the conflict between state cannabis programs and federal statutes that effectively create unnecessary risk for banks seeking to operate in this space without the looming threat of civil actions, forfeiture of assets, reputational risk, and criminal penalties," the regulators wrote. "While Congress has taken some action, such as the Rohrabacher amendment prohibiting federal funds being used to inhibit state medicinal marijuana programs, this has been an impermanent approach that requires a permanent resolution." Regulators from Alaska, Connecticut, Hawaii, Louisiana, Michigan, Montana, Nevada, New York, Oklahoma, Oregon, Pennsylvania, Utah and Washington State signed the letter.

Medical Marijuana

Oklahoma Proposed Medical Marijuana Regulations Now Open for Public Comment. State officials are now asking the public for its input on the regulation and implementation of medical marijuana in the state. "Lawmakers in the legislative working group are seeking a path forward to implement State Question 788 in a way that conforms to the desires of voters who passed the law," said Speaker Charles McCall (R-Atoka). "To do that effectively, the working group needs as much input as possible from citizens -- supporters, advocates, patients, health-care providers, public safety and law enforcement officers and even those who have concerns. I would encourage all Oklahomans who have an interest in this issue to use this opportunity to share input and have their voices heard." Comments can be sent to [email protected]. Messages will then be shared with members of the working group.

Harm Reduction

Justice Department Attacks Safer Injection Sites. In an op-ed in the New York Times titled "Fight Drug Abuse, Don't Subsidize It," Deputy Attorney General Rod Rosenstein attacked safer injection sites as "very dangerous" and argued they would "only make the opioid crisis worse." He also points out that they are federally illegal and warns that violations are punishable by up to 20 years in federal prison. His op-ed comes as cities such as New York, Seattle, and San Francisco advance plans to open such facilities in a bid to reduce harms.

California Safer Injection Site Bill Passes Senate. The Senate voted Monday to approve Assembly Bill 186, which will allow the city of San Francisco to undertake a three-year, pilot safer injection site program. The bill now goes back to the Assembly for a final concurrence vote before heading to the desk of Gov. Jerry Brown (D).

Chronicle AM: NY Gov Signs Opioid Bill, VT Dems Want Full MJ Legalization, More... (8/27/18)

An Arizona prosecutor gets challenged for trying to profit off small-time pot offenders, Oregon regulators slash the daily purchase amounts for medical marijuana patients, a Louisiana prisoner featured in the Chronicle years ago gets a break, and more.

Oregon patients will only be able to buy one ounce a day under new emergency rules. (Creative Commons)
Marijuana Policy

Arizona County Attorney Sued Over Drug Court Diversion Program for Smalltime Marijuana Offenders. The Civil Rights Corps, a Washington, DC-based advocacy group, and a local law firm have sued Maricopa County (Phoenix) Attorney Bill Montgomery. They allege that he and the county drug court diversion program are preying on and profiting off people charged with minor pot possession offenses. Under the state's harsh laws, possession of even small amounts is a felony, but first- and second-time offenders are eligible for a diversion program. The problem is the diversion program has a $1,000 fee, and those who cannot pay the entire fee linger in the program, paying $15 to $20 fees for drug testing as often as several times a week and face being tried as felons if they fail to complete the program. "The complaint explains that the marijuana diversion program operated by TASC Inc. and the Maricopa County Attorney's Office represents a two-tiered legal system," Civil Rights Corps Attorney Dami Animashaun said in a statement. "Wealthy people buy their way off diversion quickly, while poor people risk being expelled from the program and prosecuted for a felony solely because they cannot afford to pay."

Vermont Democrats Call for Taxed, Regulated Legal Marijuana Sales. Vermont has already legalized the personal possession and home cultivation of marijuana, and now the state's Democratic Party has formally endorsed expanding legalization to include taxed and regulated legal marijuana sales. "We believe that marijuana should be legal, taxed and regulated in the interests of consumer and public health, and economic opportunity," reads a platform plank adopted by delegates at the Vermont Democratic Party's platform convention on Sunday.

Medical Marijuana

Oregon Regulators Slash Daily Purchase Limit for Patients. In a bid to reduce leakage into the black market, the Oregon Liquor Control Commission last Thursday dramatically reduced the amount of medical marijuana patients can purchase each day. Medical cardholders may now buy only one ounce a day, not the 24 ounces that had been the limit. The emergency change is in effect until December 27.

Illinois Governor Signs Hemp Bill. Gov. Bruce Rauner (R) on Saturday signed a bill legalizing industrial hemp, the Illinois Hemp Act. "Legalizing the farming of industrial hemp just makes good sense," Rauner said in a statement. "Roughly 38 states -- including our neighbors in Wisconsin, Kentucky, Indiana, Missouri and Tennessee -- have allowed or are considering allowing cultivation of this crop for commercial, research or pilot programs. Our farmers should have this option as well." The state Department of Agriculture will issue licenses to farmers who want to grow it, and regulators will establish rules for THC-level testing of industrial hemp crops.

Heroin and Prescription Opioids

New York Governor Signs Legislation To Expand Use Of Rehabilitation And Diversion Services To Combat Heroin And Opioid Epidemic. Governor Andrew Cuomo (D) last Friday signed legislation (A.10403/S.8760) to help in the fight against the heroin and opioid epidemic by diverting substance-dependent individuals who are involved in the criminal justice system. This legislation provides another form of support to prosecutors and law enforcement officers as they seek treatment and counseling for people who are addicted to opioids. These diversion models include law enforcement assisted diversion, known as LEAD, and other programs treating substance abuse and addiction. The legislation expands the allowable use of funding from seized or forfeited assets by law enforcement and the Office of Alcoholism and Substance Abuse."We must use every tool at our disposal to combat this nation's opioid epidemic and the underlying issues that lead people to commit crime, and this legislation makes available additional funding to help New Yorkers in need," Governor Cuomo said. "By helping New Yorkers turn their lives around, this program helps strengthen communities, increase public safety and break the vicious cycle of recidivism once and for all."

Sentencing

One Louisiana Man Gets a Sentence Cut. A Louisiana man sentenced to life in prison for marijuana possession as a habitual offender has received a sentence reduction that will allow him to go free in a matter of weeks. Jody Butler's case was covered by the Chronicle's Clarence Walker back in 2013, but it took until now for justice to be done. New Orleans Parish District Attorney, who made a career of imposing long sentences on small-time drug offenders, raised no objection to a sentence reduction in Butler's case, the latest in which he has backpedaled away from his earlier, harsher stance.

Medical Marijuana Update

Oklahoma continues to grapple with its new medical marijuana program, Utah foes try a novel strategy to block a medical marijuana initiative, and more.

Louisiana

Louisiana Regulators Weight Raising Limit on Number of Patients Doctors Can Treat. The state Board of Medical Examiners is set to boost the number of medical marijuana patients a single doctor can treat. The board set a limit of 100 patients per doctor in 2016, but Vincent Culotta, the board's executive director, said the limit will be raised at the board's meeting next month. "We realize we're going to have to increase that number," he said.

New Jersey

New Jersey Business Can Drug Test Medical Marijuana Patient, Federal Court Rules. A federal district court judge has ruled that a New Jersey business does not have to waive its requirement for mandatory drug testing to accommodate a worker who uses medical marijuana. The worker had sued the company after it wouldn't allow him to return to work unless he submitted to drug testing. "New Jersey law does not require private employers to waive drug tests for users of medical marijuana," Judge Robert Kugler wrote in his decision. He also noted that "unless expressly provided for by statute, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions."

Oklahoma

Oklahoma Medical Marijuana Constitutional Amendment Initiative Fails to Make Ballot. An initiative that would have put the right to use medical marijuana in the state constitution will not appear on the November ballot. That initiative, State Question796, came up short on signatures. It needed more than 123,000 valid voter signatures but came up with only 95,000 raw signatures. Voters in Oklahoma approved a statutory medical marijuana initiative earlier this year.

Oklahoma Medical Marijuana Groups Agree on Proposed Bill. Advocates led by New Health Solutions have crafted a 202-page bill designed to get the state's nascent, voter-approved medical marijuana law up and running. The bill would postpone any limits on the number of business license holders for two years and eliminates a requirement that the state investigate proposed medical marijuana businesses and their backers before issuing licenses. It also lets residential landlords charge a $250 fee for marijuana use on their property, removes state restrictions on gun ownership with a medical marijuana license and would also protect employees working in infrastructure operations and maintenance who want to obtain a license. Advocates say the legislature needs to return in special session to iron out last-minute hitches and avoid delays in implementing the program. The Department of Health is supposed to begin accepting license applications on Friday.

Oklahoma Judge Rules Implementation of Medical Marijuana Rules Can Proceed. Cleveland County District Court Judge Michael Tupper ruled Tuesday that the Board of Health can proceed with implementing the state's medical marijuana rules and regulations. He ruled against a lawsuit by more than a dozen Oklahoma patients and businesses who challenged the rules. The decision Tuesday does not end the case. The judge could still throw out some or all the challenged rules at a later date or choose to leave them alone again. Another legal challenge is still pending in Oklahoma County District Court.

Utah

Utah Medical Marijuana Foes Try Hail Mary Court Challenge to Block Initiative. Opponents of the Proposition 2 medical marijuana initiative filed a lawsuit in state court last Wednesday seeking to remove the measure from the ballot. The opponents claim the initiative would tread on their freedom of religion because it violates the religious beliefs of a Mormon foe. "In the United States of America, members of all religions, including the Church of Jesus Christ of Latter Day Saints have a constitutional right to exercise their religious beliefs," the complaint reads. "This includes the right not to consort with, be around, or do business with people engaging in activities which their religion finds repugnant." Proponents of the initiative called the move "a wacky attempt" by foes to derail medical marijuana.

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

Trump's Tariffs and Trade War Will Hit the Marijuana Industry, Too

The Trump administration has included vaping devices and their components among the Chinese products subject to punitive tariffs, and that's going to have an impact on the marijuana industry. But it's not just vaping devices: Many other products made in China, from fixtures to packaging materials and more that are used in the pot industry, are also subject to increased tariffs.

The bottom line will be increased costs for legal marijuana companies and increased prices for their customers. To the degree that tariffs subdue growth in legal marijuana markets, they could also end up putting a hit on marijuana tax revenues for states and localities.

Companies selling vaping products are on the front line, said Arnaud Dumas de Rauly, co-CEO of the Blinc Group, which develops and sells technology and products related to vaping and runs an incubator program to research, develop, and brand technologies for marijuana and nicotine vaping. Dumas de Rauly made his comments in July 24 testimony at public hearings on the tariffs held by the Office of the U.S. Trade Representative.

The vast majority of vaping devices, as well as batteries, filters, and cartridges, are manufactured in China, Dumas de Rauly noted, and there are currently few alternatives for producing them. But the profit margin on such devices is only 10 to 15 percent, and that means companies will either have to find alternative sources, eat the hit to their bottom lines, or, more likely, pass the increases on to consumers.

And that will have an impact on the "entire cannabis consumption market -- including medical and recreational marijuana," Dumas de Rauly said.

It's not just consumers who will feel the impact, Dumas de Rauly warned. Higher prices mean decreasing sales and shrinking tax revenues and "25 percent of sales come from cannabis vaping products," he said.

The business press, which now actually treats the marijuana business as a real industry, found plenty of people who echoed Dumas de Rauly's sentiments. In an interview with Forbes, Brooke Davies, executive director of Cannabis Organization of Retail Establishments, a non-profit trade association representing cannabis retailers in Washington State, said that tariffs were already having an impact. Small growers there, already under pressure from dropping marijuana prices, will see profit margins shrink even further because the glass jars they buy from China to package their buds are being hit by tariffs.

"The Trump tariffs will undoubtedly hurt the rural parts of Washington State," Greg James, publisher of Marijuana Venture and Sun Grower magazines, told Forbes. "There could well be a snowball effect that results in the outdoor growing community having an even harder time selling their crop," he said.

It's not just growers or vaping companies taking a hit. "Any items essential to the day-to-day operations of a cannabis business, from construction equipment to cell phones, will likely increase in price," Kevin Hagan of the Princeton Public Affairs Group told Forbes.

Meanwhile, CNBC reported that unlike other sectors targeted for tariffs, such as imported steel, aluminum, solar panels, and washing machines, whose impacts are slower to show up (how often do you buy a washing machine?), the tariffs on vaping products will have an almost immediate impact. That means consumers will quickly see price increases and adjust their behavior accordingly.

But for some people -- medical marijuana patients -- marijuana isn't a luxury, but a necessity.

"For those who need it, they don't have a choice," Mary Lovely, a professor of economics at Syracuse University and nonresident senior fellow at the Peterson Institute for International Economics in Washington, D.C., told CNBC.

Maybe they can comfort themselves by reading Donald Trump's tweets. As he exclaimed in a tweet the same day as the Office of U.S. Trade Representative hearings, "Tariffs are the greatest!... All will be Great!"

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

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School