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Why Are California's Legal Marijuana Sales So Low?

California is on track to generate $1.9 billion in legal marijuana sales this year, according to new data from a financial analysis firm tracking the market. That's a lot of weed, but it's only half the amount the same firm previously estimated the state would rake in.

The estimates are from New Frontier Data, which crunches cannabis industry numbers, and are based on tax revenues from pot sales, which so far have fallen dramatically short of projections. According to New Frontier, the state collected $33.6 million in pot taxes between January 1 and March 31, which makes it extremely unlikely that tax revenues will meet original expectations of hitting $175 million in the first half of the year.

New Frontier had earlier estimated that the state would see $3.8 billion in marijuana sales this year, and this latest estimate slashes that number by a whopping 50%. The company also slashed its projections for the size of the legal industry by 2025. Instead of the $6.7 billion in sales it earlier estimated, it now says it thinks sales will only hit $4.7 billion, a hefty one-third reduction.

That's bad news not only for state tax revenues but also for an industry that is supposed to be coming in out of the cold. What happened? New Frontier has an idea.

"It is quite clear that the new adult use regulations have made it more difficult than anticipated for the legal market to get established and for consumers to transition to from the illicit market. Given the number of local government bans on cannabis businesses, we are not seeing the same kind of conversion rates that we have seen in other legal markets," said Giadha Aguirre De Carcer, New Frontier Data founder, and CEO.

State and local licensing fees for marijuana businesses can range from $5,000 to $120,000 per year, depending on the type and scope of the business. And complying with regulatory mandates, such as those around zoning, water usage, and lab testing, costs even more.

It's not just onerous -- and expensive -- regulation for those who want state licenses to grow, distribute, and sell marijuana that's the problem. There's also a serious lack of buy-in by a good portion of the state's cities and counties, and that means that a big hunk of the state has no access to local legal marijuana.

"If there's (no governmental support) locally, then there's no option for a state license, and that's why most people are being shut out at this point in time," California Cannabis Industry Association executive director Lindsay Robinson told the Marijuana Business Daily. "The process gave local authorities an option to kind of sit on their hands, and that's the biggest barrier that we're seeing."

According to CCIA spokeswoman Amy Jenkins, only about a third of the state's 540 local governmental entities have approved commercial marijuana activity. Lack of legal access is "forcing consumers to turn to the illicit market," she told the Los Angeles Times this week.

Or return to it. Or stay in it, if they never left. Humboldt State University economics professor Erick Eschker pegged the size of the state's pot market -- legal and illegal -- at about $7.8 billion. Of that, about $2.3 billion came from the medical marijuana market, leaving about $5.5 billion for legal, grey market, and black market pot sales. If the legal market is only accounting for $1.9 billion in sales, that suggests that grey and black market sales are still about twice the size of legal sales. These consumers don't get hit with stiff sales and excise taxes, and if they can still get it from the guy down the street, why pay those high, state-legal prices?

If California wants to eliminate the black market in marijuana, it's got a whole lot of work to do. And no matter what steps the state takes to deal with its internal black market, there's still the export black market to the non-legal states in the rest of the US. Ultimately, the only way to end the black market is to legalize it nationwide, but we're not quite there yet. In the meantime, California's transition to a legal marijuana regime is facing some unhappy realities.

Medical Marijuana Update

A June Oklahoma medical marijuana initiative is polling well, and so is a November Utah one; Florida's courts must decide whether patients can smoke their medicine, Arizona's high court strikes down a law barring medical marijuana on campus, and more.

Arizona

Arizona Supreme Court Okays Medical Marijuana on College Campuses. The court ruled last Wednesday that the state can't criminally charge card-carrying medical marijuana patients for possessing and using their medicine on campus. In Arizona v. Maestas, the court held that a 2012 law banning medical marijuana on campus violated the state's protections for voter-approved laws. The Supreme Court ruling upholds an appellate court ruling that also found in Maestas' favor.

Florida

Florida Judge Rules Patients Can Smoke Medical Marijuana. An Orlando circuit court judge ruled last Friday that the state legislature's ban on smoking medical marijuana is unconstitutional. State voters had approved medical marijuana in 2016 -- without any ban on smoking.

Florida Governor Immediately Appeals Ruling That Patients Can Smoke Their Medicine. The ruling that patients can smoke their medicine is on hold after Gov. Rick Scott (R) immediately appealed the Orlando judge's ruling.

Illinois

Illinois House Panel Approves Using Medical Marijuana to Fight Opioid Addiction. The House Executive Committee voted 8-3 last Thursday for a bill that would allow people who qualify for opioid prescriptions to apply for the state's medical marijuana program. The measure, Senate Bill 336, has already passed the Senate, but still needs some cleanup provision enacted in the Executive Committee before it goes to the House floor.

Ohio

Ohio Dispensary License Announcement Delayed. The state Board of Pharmacy announced Tuesday that its planned announcement of dispensary license awards Wednesday has been postponed and that provisional licenses will instead be issued in June. Legal medical marijuana sales are supposed to begin on September 8. Stay tuned.

Oklahoma

Oklahoma Poll Has Medical Marijuana Initiative in Good Shape. A new Sooner Poll has the medical marijuana initiative, State Question 788, cruising toward victory in next month's election. The opposition has managed to drag approval down from 61.8% in January to 57.5% now, but that's still enough support to win a month from now.

Pennsylvania

Pennsylvania Judge Halts Medical Marijuana Research Program. A Commonwealth Court judge has granted a temporary injunction sought by numerous dispensaries and growers and processors to halt the state's medical marijuana research program. The plaintiffs worry that the regulations for the clinical research programs would give an unfair advantage to clinical research partners and growers. The Health Department is now pondering next steps.

Utah

Yet Another Utah Poll Has Medical Marijuana Initiative Winning. A new poll from Dan Jones & Associates finds that nearly three out of four Utah residents support the Utah Patients Coalition medical marijuana initiative. The poll had 72% either "strongly" or "somewhat" in support, with 25% opposed, and only 2% undecided. While the LDS Church has come out against the measure, even 59% of self-described very active Mormons say they are for it.

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

Chronicle AM: RI Senate OKs Life Sentence for ODs Bill, Guatemala's First Coca Crop, More... (5/30/18)

A bill that would mandate life sentences for selling drugs involved in fatal overdoses is moving in Rhode Island, a California US attorney says he's too busy with the black market to go after legal marijuana, another Utah poll has a medical marijuana initiative winning, Guatemala gets its first coca crop and more.

Cocaine traffickers are beginning to move coca production from South America to Central America. (Pixabay)
Marijuana Policy

California US Attorney Says Too Much Black Market Work to Focus on Legal Market. Sacramento-based McGregor Scott, US Attorney for the Northeastern District of California, said Tuesday there is so much marijuana being grown illegally on federal lands and trafficked to other states that he doesn't have the resources to go after state-legal marijuana operations. Scott said he would focus on interstate trafficking, organized crime, and damage to public lands.

New Jersey Legalization Advocate Wants to Tie Legalization, Medical Marijuana. State Sen. Nicholas Scutari (D-Union) is working on a plan to combine a marijuana legalization push with a bid to expand medical marijuana, but some lawmakers are warning the effort could blow up chances for either to pass this year. The medical marijuana expansion plan has broad support; the move to legalize marijuana is much more contentious.

Northern Marianas Legalization Bill Advances. The Commonwealth of the Northern Marianas Islands (CNMI) has taken another step toward legalizing marijuana. The House Committee on Judiciary and Government Operations has unanimously approved a bill that would allow adults to grow, possess, and consume marijuana and set up a system of taxed and regulated sales and production. The bill has already passed the Senate and now awaits a House floor vote.

Medical Marijuana

Yet Another Utah Poll Has Medical Marijuana Initiative Winning. A new poll from Dan Jones & Associates finds that nearly three out of four Utah residents support the Utah Patients Coalition medical marijuana initiative. The poll had 72% either "strongly" or "somewhat" in support, with 25% opposed, and only 2% undecided. While the LDS Church has come out against the measure, even 59% of self-described very active Mormons say they are for it.

Sentencing

Rhode Island Senate Approves Bill Allowing Life Sentences in Overdose Deaths. The state Senate on Tuesday approved Senate Bill 2279A, which allows prison sentences of up to life for those convicted of selling, delivering, or distributing an illegal drug that results in a fatal overdose. The bill passed 22-11 over the objections of treatment professionals, mental health advocates, and civil liberties organizations, which argued that tougher sentences will only make it harder to fight drug overdoses. "We know, based on decades of criminal justice based drug policy, that harsher penalties do not decrease drug using activity. So, this bill's disturbing message will not decrease drug use, nor drug trafficking -- the economics ensure this -- but it will further marginalize people who use drugs and increase their fears," a joint letter to the Senate said. "Use of a public health approach, not lengthy criminal sentences for users and small-time dealers, is essential for our state's ability to continue to make headway in this crisis." The bill now goes to the House.

International

Guatemalan Authorities Bust First Coca Farm. The National Civil Police announced over the weekend that they had found and destroyed a 2 ½ plot of coca plants sown between coffee plants, the first discovery of coca cultivation in the country. The crops were found in a remote area of Alta Verapaz department. Honduras recently saw its first and second discovery of coca plantings, too, suggesting that traffickers are attempting to cut risk and transport costs by planting the cocaine-producing crop nearer to US markets.

Chronicle AM: More Bangladeshi Drug War Killings, Canada Legalization Bill Advances, More... (5/29/18)

California lawmakers forego an opportunity to cut legal pot taxes, Pennsylvania's third largest city decriminalizes marijuana possession, the head of a UN agency calls on Latin America to consider drug legalization, Bangladeshi drug war killings mount, and more.

Canada's legalization bill heads for a final Senate vote by June 7. (Creative Commons)
Marijuana Policy

California Bill to Lower Pot Taxes Voted Down. Even though legal marijuana sales and tax revenues are much lower than anticipated, the legislature has passed on an opportunity to entice people away from the black market by cutting legal marijuana taxes, which can reach 50% of the purchase price when state and local taxes are included. A bill that would have lowered the state excise tax to 11% and suspended grower taxes for three years, Assembly Bill 3157, was defeated in the Assembly Appropriations Committee last Friday, but sponsor Tom Lackey (R-Palmdale) said he hoped it could still be revived this year.

Colorado Grew 500 Tons of Legal Marijuana Last Year. Legal marijuana growers produced nearly 500 tons of pot last year, the Colorado Marijuana Enforcement Division reported last Friday. That turned into 411,000 pounds of purchased buds and more than 11 million edibles sold. The trend of production increasing each year since legalization continues.

Allentown, Pennsylvania, Decriminalizes. Pennsylvania's third largest city has now decriminalized the possession of small amounts of marijuana. Allentown Mayor Ray O'Connell last Friday signed into law a measure passed 4-3 by the city council that makes possession of 30 grams or less a summary offense with a fine as low as $25.

Medical Marijuana

Florida Judge Rules Patients Can Smoke Medical Marijuana. An Orlando circuit court judge ruled last Friday that the state legislature's ban on smoking medical marijuana is unconstitutional. State voters had approved medical marijuana in 2016 -- without any ban on smoking.

Florida Governor Immediately Appeals Ruling That Patients Can Smoke Their Medicine. The ruling that patients can smoke their medicine is on hold after Gov. Rick Scott (R) immediately appealed the Orlando judge's ruling.

International

Head of UN Agency Says Latin America Must Consider Legalizing Drugs. Alicia Barcena, head of the Economic Commission for Latin America and the Caribbean (ECLAC), told a weekend forum in Paris that Latin America must seriously ponder drug legalization to reduce the human costs of drug prohibition. "I'm going to be very provocative. Who would drug legalization be good for? Latin America and the Caribbean, for God's sake. Because the illegality is what's killing people," she said. "It's time to seriously consider legalizing drugs."

Canadian Senate Committee Approves Marijuana Legalization Bill. The Senate Social Affairs Committee has approved the C-45 marijuana legalization bill with 40 amendments (most of them merely technical), including one that would give provincial governments the ability to ban homegrown marijuana. The committee's amended version of the bill will now go back to the Senate as a whole, which will decide whether to accept or reject the amendments or propose additional changes. The Senate has agreed to hold a final vote by June 7, which would allow the Trudeau government to meet its promise of having legal marijuana up and running by the end of summer.

Taliban Commander Orders Drug Labs Moved Out of Urban Areas to Avoid Civilian Casualties from American Air Strikes. The Taliban's shadow governor of opium-producing Helmand province has ordered drug labs moved out of populated areas because American air strikes are killing a rising number of civilians. Mullah Manan said that "due to one factory hundreds of the public are at risk from bombings and missiles" and called for facilities to shift to "mountains and valley sides" instead. Under looser rules of engagement under the Trump administration, bombing raids have nearly tripled in the first three months of this year compared with 2017.

Bangladesh's Murderous Anti-Drug Campaign Continues. Amid rising fears of a Philippines-style war on drugs, the latest reports are now that the toll has risen to 86 killed and more than 7,000 arrested since the government announced a new anti-drug offensive earlier this month. Human Rights Watch is speaking out, with Meenakshi Ganguly, the group's South Asia director warning that the government "should heed concerns and allegations by families and activists that several of these deaths could be extrajudicial killings."

Chronicle AM: NY Dems Endorse Marijuana Legalization, Surgeon General Talks Harm Reduction, More... (5/24/18)

The US Surgeon General has some surprisingly frank words about harm reduction and evidence-based drug policy, Cory Booker's Marijuana Justice Act picks up another sponsor, Arizona's Supreme Court throws out a state law criminalizing the use and possession of medical marijuana on campus and more.

The section on the Surgeon General's comments has an update, including a statement from the Department of Health and Human Services on the safe injection sites mention.

US Surgeon General Jerome Adams talks harm reduction and evidence-based opioid treatment. (Creative Commons)
Marijuana Policy

Jeff Merkley Signs on to Federal Marijuana Justice Act. And then there were five. Sen. Jeff Merkley (D-OR) has become the fifth cosponsor of Sen. Cory Booker's Marijuana Justice Act (S. 1689). The other cosponsors are Sens. Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Bernie Sanders (I-VT), and Ron Wyden (D-OR). Representatives Barbara Lee (D-CA) and Ro Khanna (D-CA) introduced a companion measure, H.R. 4815, in the House of Representatives earlier this year that has 35 cosponsors.

New York Democratic Party Officially Endorses Marijuana Legalization. Delegates to the state Democratic convention Wednesday adopted a resolution supporting marijuana legalization: "The New York State Democratic Committee supports the legalization of marijuana which should be regulated and taxed in a manner similar to alcohol," reads a resolution. The resolution adds that legalization is "an important social justice issue."

Medical Marijuana

Arizona Supreme Court Okays Medical Marijuana on College Campuses. The court ruled Wednesday that the state can't criminally charge card-carrying medical marijuana patients for possessing and using their medicine on campus. In Arizona v. Maestas, the court held that a 2012 law banning medical marijuana on campus violated the state's protections for voter-approved laws. The Supreme Court ruling upholds an appellate court ruling that also found in Maestas' favor.

Ohio Dispensary License Announcement Delayed. The state Board of Pharmacy announced Tuesday that its planned announcement of dispensary license awards Wednesday has been postponed and that provisional licenses will instead be issued in June. Legal medical marijuana sales are supposed to begin on September 8. Stay tuned.

Pennsylvania Judge Halts Medical Marijuana Research Program. A Commonwealth Court judge has granted a temporary injunction sought by numerous dispensaries and growers and processors to halt the state's medical marijuana research program. The plaintiffs worry that the regulations for the clinical research programs would give an unfair advantage to clinical research partners and growers. The Health Department is now pondering next steps.

Hemp

Illinois Governor Gets Bill Legalizing Industrial Hemp. With a 106-3 House vote Wednesday, the legislature has approved a bill legalizing industrial hemp, Senate Bill 2298. Now it's up to Gov. Bruce Rauner (R) to sign it.

Heroin and Prescription Opioids

US Surgeon General Urges ER Docs to Advocate for Evidence-Based Opioid Treatment. US Surgeon General Dr. Jerome Adams called Wednesday on emergency room physicians to advocate more vigorously for evidence-based opioid treatment, including harm reduction measures. Adams supported such harm reduction interventions as needle exchanges and safe injection sites. [The Department of Health and Human Services has issued a statement claiming that Dr. Adams does not support safe injection sites, and contesting the evidence on them. See update below.] He urged doctors to reach out to and educate stakeholders in their communities. "We have to understand that these policy interventions look different in different parts of the country," Adams said. "We have to understand that public policy means public and that we have to be able to go there and show them that we care before we can share what we know."

Update: A Department of Health and Human Services officer contacted us on Saturday, March 26th, claiming that the report news outlets relied on, including the one we linked to, was inaccurate in stating that Dr. Adams supports safe injection sites. We do not have other reports on his speech at this time to go on. The article linked above has been updated to include a copy of the HHS statement:

"The Administration and the Surgeon General do not support so-called 'safe' injection sites as a means to combat the opioid epidemic and its consequences. In addition, there is no evidence to demonstrate that these illegal sites reduce drug use or significantly improve health outcomes for those with opioid use disorder. So-called 'safe' injection sites lack the necessary scientific support to be considered a standardized evidence-based practice in the U.S."

Another article states that Adams mentioned safe injection sites as being "part of the conversation" in some communities.

Ed: We are in a position to address the administration's characterization of the evidence on safe injection sites, and it is false to the point of absurdity. There is significant evidence that safe injection sites improve health outcomes for persons with opioid use disorders. In fact, multiple journal articles to this effect are available on the website of the National Institutes of Health, a division of Health and Human Services. Here are a few of them:

  • A 2017 study in Canadian Family Physician found that "SISs are associated with lower overdose mortality (88 fewer overdose deaths per 100 000 person-years [PYs]), 67% fewer ambulance calls for treating overdoses, and a decrease in HIV infections."
  • A 2017 article in Harm Reduction Journal notes with citations that evaluation of Vancouver's Insite program showed it was "meeting its objectives of reducing public disorder, infectious disease transmission, and overdose and was successfully referring individuals to a range of external programs, including detoxification and addiction treatment programs.". The article further states that "over 40 peer-reviewed studies have been published which speak to the many benefits and lack of negative impacts of this site."
  • A 2008 article in the American Journal of Public Health reported that the supervised injection facilities in Sydney and Vancouver were "negatively associated with needle sharing... and positively associated with less-frequent reuse of syringes... less outdoor injecting... using clean water for injection... cooking or filtering drugs prior to injecting... and injecting in a clean location," that "[b]oth... were effective gateways for addiction treatment, counseling, and other services," and that there were no "reported overdose deaths in a SIF."
  • A 2014 article in Drug and Alcohol Dependence found that "[s]eventy-five relevant articles... converged to find that SISs were efficacious in attracting the most marginalized PWID, promoting safer injection conditions, enhancing access to primary health care, and reducing the overdose frequency" and that "SISs were found to be associated with reduced levels of public drug injections and dropped syringes."
  • A 2008 article in the Canadian Medical Association Journal found "Vancouver's supervised injection site is associated with improved health and cost savings."
  • A 2010 article in Addiction found that if Vancouver's supervised injection facility "were closed, the annual number of incident HIV infections among Vancouver IDU would be expected to increase from 179.3 to 262.8. These 83.5 preventable infections are associated with $17.6 million (Canadian) in lifetime HIV-related medical care costs, greatly exceeding Insite's operating costs, which are approximately $3 million per year."

Medical Marijuana Update

An amendment protecting medical marijuana in states where it is legal has made it into the House's Justice Department appropriations bill, Illinois legislators approve medical marijuana in schools, the Utah initiative campaign is turning into a pitched battle, and more.

National

Last Thursday, a House panel approved medical marijuana protections. The House Appropriations Committee approved an amendment from Rep. David Joyce (R-OH) to continue to protect state-legal medical marijuana programs from federal interference. The amendment is now part of the House's Commerce, Justice and Science appropriations bill. The amendment, previously known as the Rohrabacher-Blumenauer amendment, bars the expenditure of federal funds to go after state-legal medical marijuana.

Illinois

Last Thursday, the legislature approved medical marijuana in schools. The Senate on Thursday approved a bill that would allow for the use of medical marijuana in elementary and middle schools. The bill has already passed the House and now goes to the desk of Gov. Bruce Rauner (R). The bill would let parents administer marijuana-infused products, but not smoked marijuana, to their child on school grounds.

Missouri

Last Friday, a medical marijuana bill died. A medical marijuana bill, House Bill 1554, has died in conference committee, leaving the path open for at least one medical marijuana initiative to go before the voters in November. The bill came as an amendment to a healthcare bill and would only have allowed patients with terminal illnesses to use non-smokable marijuana.

Utah

Last Thursday, medical marijuana foes sued to block the initiative from going to the voters. Drug Safe Utah, a group formed to oppose the medical marijuana initiative, went to court to try to block it. In court filings, the group argued that the lieutenant governor, whose office oversees elections, doesn't have the authority to allow campaigners to gather signatures. Drug Safe Utah argued that state officials couldn't act on the initiative because it "conflicts with federal law."

On Monday, medical marijuana initiative supporters fought back in court. Supporters of the medical marijuana initiative showed up in court to intervene in a lawsuit that seeks to prevent the initiative from going before the voters in November. The Utah Patients Coalition is seeking to block a lawsuit from Drug Safe Utah that argues state officials were not legally allowed to approve the initiative.

West Virginia

On Monday, lawmakers were working to force a special session to deal with medical marijuana financing. Some state lawmakers are seeking to force Gov. Jim Justice (D) to call a legislative special session to address financial problems with the state's medical marijuana law. A special session that ended Monday failed to address the issue. For another special session to be called, at least three-fifths of each chamber must sign on. That figure has been met in the Senate, but not yet in the House.

On Tuesday, they came up short. The legislature concluded its may interim meetings Tuesday without securing enough signatures in the House of Delegates to force a special session to address marijuana banking issues. The legislature needed three-fifths of members in both the Senate and the House to force a special session. Enough senators signed on to meet that bar, but not enough delegates did.

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

Chronicle AM: NM Marijuana Poll, House Passes Limited Prison Reform Bill, More... (5/23/18)

A solid majority of New Mexicans support marijuana legalization, the House passes a limited prison -- but not sentencing -- reform bill, an Open Society Foundations report calls for increased opportunities for legal coca sales in Colombia, and more.

Colombian coca grower. A new report says more legal markets for the crop could reduce violence. (dea.gov)
Marijuana Policy

New Mexico Poll Has Strong Support for Legalization. A poll from Research & Polling Inc. conducted in March but not released until yesterday has support for marijuana legalization at 63%. Respondents were asked if they would support a bill to legalize, tax, and regulate marijuana. Support was up 2% over a similar poll in 2016.

Medical Marijuana

West Virginia Bid for Special Session to Address Marijuana Banking Issues Fizzles. The legislature concluded its may interim meetings Tuesday without securing enough signatures in the House of Delegates to force a special session to address marijuana banking issues. The legislature needed three-fifths of members in both the Senate and the House to force a special session. Enough senators signed on to meet that bar, but not enough delegates did.

Prison Reform

House Passes Prison Reform Bill Backed By Trump. The House easily passed a bipartisan prison reform bill Tuesday, but it faces a murky future in the Senate. House Resolution 5682 aims to reduce recidivism by providing training programs for prisoners. Powerful senators, including Sen. Chuck Grassley (R-IA), however, are holding out for a more substantive bill that includes not just prison reforms, but also sentencing reforms. "For that deal to pass the Senate, it must include sentencing reform. At least as of now, that's something Sen. Durbin and I still are sticking together on," Grassley said at a Tuesday event on criminal justice reform.

International

Open Society Report Calls for Boosting Colombia's Legal Coca Market to Reduce Violence. A new report from Open Society Foundations calls on Colombia to move away from traditional drug eradication measures that have not proven successful and instead create policies that encourage coca farmers to stay out of the black market. The report says both international and Colombian law allow coca to be grown for legal purposes, and Colombia should move to increase that prospect.

Chronicle AM: De Blasio Tells NYPD to Stop Pot Arrests, Aghan Opium Bumper Crop, More... (5/22/18)

New York Mayor Bill de Blasio wants to see an end to public pot smoking arrests, Utah medical marijuana supporters are fending off a court challenge, the "Philippine disease" appears to be spreading to Bangladesh, Afganistan sees a bumper poppy crop, and more.

Afghanistan had its largest opium poppy crop ever last year, the UNODC reports. (UNODC)
Marijuana Policy

Michigan Opposition Marijuana Poll Has Initiative in Lead, But Under 50%. A new poll commissioned by opponents of Michigan's marijuana legalization initiative had it with 48% support, 11% undecided, and 42% opposed. After pollsters produced arguments in favor of the initiative, support stayed at 48%, but opposition dropped to 36%. After pollsters introduced arguments against the initiative, support actually jumped one point to 49%.

New York Mayor Tells Cops To Stop Arresting People for Public Marijuana Use. Over the weekend, Mayor Bill de Blasio (D) told the NYPD to just issue summonses for public pot smoking instead of making arrests. The NYPD already has a working group that has begun to evaluate its marijuana enforcement policies and will present recommendations within 30 days. Now the mayor has made it clear that an end to arrests for public pot smoking is one of the changes he wants.

Medical Marijuana

Utah Medical Marijuana Initiative Supporters Fight Back in Court. Supporters of the medical marijuana initiative showed up in court Monday to intervene in a lawsuit that seeks to prevent the initiative from going before the voters in November. The Utah Patients Coalition is seeking to block a lawsuit from Drug Safe Utah that argues state officials were not legally allowed to approve the initiative.

West Virginia Lawmakers Seek Special Session for Medical Marijuana Financing. Some state lawmakers are seeking to force Gov. Jim Justice (D) to call a legislative special session to address financial problems with the state's medical marijuana law. A special session that ended Monday failed to address the issue. For another special session to be called, at least three-fifths of each chamber must sign on. That figure has been met in the Senate, but not yet in the House.

International

UN Says Afghan Opium Poppy Production Increased Sharply Last Year. Opium poppy production expanded sharply in Afghanistan last year, increasing from roughly 500,000 acres in 2016 to more than 700,000 acres last year. That's an all-time high, the UN Office on Drugs and Crime said. UNODC said no single factor explained the increase but cited "political instability, lack of government control, and security" as main drivers.

Bangladeshi Opposition Warns of Police Killings of Drug Suspects. The country's leading opposition party, the BNP, on Monday accused the government of "indulging in extrajudicial killings" in the pursuit of a country-wide anti-drug drive. "A fresh drive to control narcotics has begun," BNP General Secretary Mirza Fakrul Islam Almagir said. "We also want the country to be free from drug abuse and those involved in it to be brought to justice. But it does not mean people should be killed unlawfully without trial." Almagir added that the government was now killing drug suspects in just the same way it had unlawfully killed opposition leaders and activists. Almagir also suggested the ruling Awami League should clean up its own house first.

Chronicle AM: House Dems Want Action on Naloxone Pricing, German Decrim Hint, More... (5/21/18)

There's too much marijuana in Oregon, Utah medical marijuana foes try another tack to block the initiative, Africa gets its first medical marijuana dispensary, and more.

Price gouging on the opioid overdose reversal drug needs to stop, Democratic House members say. (PA Health Department)
Marijuana Policy

Oregon US Attorney Warns of "Significant Overproduction" of Legal Marijuana, Will Target Diversion. US Attorney Billy Williams said last Friday that the state has a "significant overproduction" problem and that he would prioritize enforcement of overproduction, diversion to other states, and organized crime. The state currently has nearly a million pounds of marijuana buds in inventory, and it's estimated that Oregon's billion dollar a year industry includes about $300 million worth of pot to diverted to the black market.

Pennsylvania State Senator Calls on DAs to Quit Prosecuting Small-Time Pot Cases. One of the Keystone State's leading voices for marijuana law reform, state Sen. Daylin Leach (D), last Friday published an open letter to the state's district attorneys urging them to quit prosecuting pot possession and smoking cases. Leach cited the nine states that have already legalized marijuana and warned, "If people are convicted this year, and legalization occurs next year or the year thereafter, thousands of people will have a stain on their record that will be extremely difficult or impossible to remove."

Medical Marijuana

Utah Medical Marijuana Foes Sue to Block Initiative from Going to Voters. Drug Safe Utah, a group formed to oppose the medical marijuana initiative, went to court last Thursday to try to block it. In court filings, the group argued that the lieutenant governor, whose office oversees elections, doesn't have the authority to allow campaigners to gather signatures. Drug Safe Utah argued that state officials couldn't act on the initiative because it "conflicts with federal law."

Harm Reduction

House Democrats Call on Trump Administration to Lower Naloxone Price. A group of House Democrats led by Reps. Lloyd Doggett (D-TX) and Peter Welch (D-VT) have sent a letter to White House Kellyanne Conway asking for executive action to curb rising prices for naloxone, the opioid overdose reversal drug. "Federal agencies have the authority to use patented inventions… when in the interest of the public good," the lawmakers wrote. "The current opioid crisis requires invoking this provision."

International

German Drug Official Hints at Move Toward Marijuana Decriminalization. In a report released last week, German drug commissioner Marlene Mortler appeared to call for marijuana decriminalization. "Anyone caught by the police in the future for possession of cannabis for personal consumption should be allowed to choose whether to pay a fine or voluntarily seek help from the expert," she said. German drug arrests were up more than 6% last year, while marijuana arrests were up 14%. About 80% of all marijuana cases were for simple possession.

Africa Gets First Medical Marijuana Dispensary. A medical marijuana dispensary has opened in Durban, South Africa, making it the first on the continent. The store is currently only selling products without THC. "We want to break the stigma on cannabis, to showcase that cannabis can be used effectively to treat a number of conditions and to integrate medical professionals as well as traditional healers to allow the whole of South Africa a holistic approach to health care," said dispensary spokesperson Kirithi Thaver.

Chronicle AM: 2019 Ohio Init Gears Up, Fed Treatment Bill Advances, More... (5/19/18)

Michigan legalization initiative foes urge the legislature to legalize it, an Ohio legalization initiative can begin signature gathering, a federal drug treatment bill exclusively targeting opioids advances, and more.

Marijuana Policy

Michigan Legalization Initiative Foes Urge Legislature to Pass Legalization. In a surprise move, a campaign committee formed to oppose the pending marijuana legalization initiative is now asking the legislature to preemptively pass legalization. Keep Pot Out of Neighborhoods and Schools issued a press release Thursday calling on the legislature to approve the initiative. Under state law, the legislature can just pass the initiative, or, if it rejects it or fails to act, the initiative would go before voters in November. State Republicans worry that interest in the initiative will drive turnout at the polls, worsening their chances in the election.

Ohio Legalization Initiative Cleared for Signature Gathering. The state Ballot Board on Thursday cleared a legalization initiative, the Marijuana Rights and Regulation Act, for signature gathering. Campaigners need to come up with some 305,000 valid voter signatures to qualify for the initiative. The deadline to make the November ballot is in July, but campaigners say there are instead aiming at 2019.

Medical Marijuana

House Panel Approves Medical Marijuana Protections. The House Appropriations Committee on Thursday approved an amendment from Rep. David Joyce (R-OH) to continue to protect state-legal medical marijuana programs from federal interference. The amendment is now part of the House's Commerce, Justice and Science appropriations bill. The amendment, previously known as the Rohrabacher-Blumenauer amendment, bars the expenditure of federal funds to go after state-legal medical marijuana.

Illinois Legislature Approves Medical Marijuana in Schools. The Senate on Thursday approved a bill that would allow for the use of medical marijuana in elementary and middle schools. The bill has already passed the House and now goes to the desk of Gov. Bruce Rauner (R). The bill would let parents administer marijuana-infused products, but not smoked marijuana, to their child on school grounds.

Missouri Medical Marijuana Bill Dies. A medical marijuana bill, House Bill 1554, has died in conference committee, leaving the path open for at least one medical marijuana initiative to go before the voters in November. The bill came as an amendment to a healthcare bill and would only have allowed patients with terminal illnesses to use non-smokable marijuana.

Heroin and Prescription Opioids

House Panel Advances Bill to Expand Drug Treatment, But Only for Opioids. The House Committee on Energy and Commerce on Thursday advanced a bill that would free up Medicaid dollars for spending on treatment for opioid addictions, but some lawmakers warned that the country is facing a polydrug crisis. "I'm troubled that this bill would expand treatment only to people with opioid use disorder as opposed to those with other substance use disorders like alcohol, crack-cocaine, methamphetamine," said Rep. Jan Schakowsky (D-IL). "This bill is not only blind to the reality faced by people suffering from substance use disorder but it's also discriminatory." The measure is HR 5797.

Drug War Issues

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