2014

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Medical Marijuana Update

Regulated dispensaries are coming to Oregon, it's looking increasingly likely that a medical marijuana initiative is coming to Florida, New York's governor sticks a toe in the water, and California battles continue. Let's get to it:

California

Last Thursday, a superior court judge upheld Los Angeles' medical marijuana ordinance limiting the number of dispensaries that can operate in the city. Superior Court Judge Randolph Hammock ruled that Proposition D, which was approved by voters in May, does not violate the due process or equal protection rights of dispensary owners being forced out of business.

Last Friday, advocates asked the state Supreme Court to review a ruling that allows cities to ban all marijuana growing within in their boundaries. The court is being asked to review an appeals court decision in Maral v. City of Live Oak allowing the ban on personal patient grows. Advocates acknowledge that the Supreme Court decided in City of Riverside v. Inland Empire Patients Health and Wellness Center, Incthat localities can ban dispensaries, but argue that cultivation for personal medicinal use is specifically protected by statute.

On Tuesday, the Santa Rosa city council eased the rules on dispensaries. The changes, which included elimination of patient caps, expansion of hours of operation, and allowing dispensaries to sell pipes and other devices used to ingest marijuana, were approved by the council unanimously. Dispensaries had labored under a 500-patient cap that only served to lead competitors to open up shop outside the city limits. The number of dispensaries remains capped at two, but now the city manager has discretion to increase that number in the future.

Also on Tuesday, the Long Beach city council approved putting a dispensary sales tax on the ballot. The tax would start at 6% and could increase up to 10%. The measure also includes a tax of $15 to $50 per square foot for grow areas in dispensaries. The measure will go to votes on April 8.

Also on Tuesday, Fresno County supervisors banned all marijuana cultivation in the county's unincorporated areas beginning next month. The move came over the strenuous objections of medical marijuana users. The unanimous vote includes fines of $1,000 per plant and $100 per plant per day for each day the plants remain after being discovered. Fresno becomes the first county to ban all medical marijuana cultivation.

Florida

On Tuesday, medical marijuana initiative backers said they were near to a million signatures. It's starting to look like People United for Medical Marijuana ballot initiative may actually qualify for the ballot. Organizers need just over 683,000 valid signatures by February 1 and now say they will hit the million-signature mark by next week. If organizers succeed in coming up with enough valid signatures, they still have to wait for the state Supreme Court to rule on whether the initiative's ballot title and summary meet legal requirements. It has been challenged by Attorney General Pam Bondi (R).

New York

On Wednesday, Gov. Andrew Cuomo announced he would institute a limited medical marijuana program. The plan would allow a small number of hospitals in the state to recommend medical marijuana, but relies on the cooperation of federal agencies not known for cooperating with efforts to expand medical marijuana -- the DEA, the FDA, and NIDA. Advocates complained that Cuomo did not call for the passage of comprehensive legislation, which is pending in Albany.

Oregon

On Tuesday, state officials said draft dispensary rules would be posted within a week. The rules, which will be the basis of a statewide dispensary regulations system approved by the legislature, will next undergo public hearings and could be revised before being finalized. In the meantime, dispensary operators can seek temporary operating licenses under the draft rules beginning March 3.

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

Chronicle AM -- January 8, 2014

East Coast governors speak against marijuana legalization, but DC voters may get a chance to have their own voices heard; a new report on Obamacare's implications for drug reform is out; the DEA is reported to have talked to the Sinaloa Cartel; and details of a Mexico City marijuana legalization bill emerge. And more. Let's get to it:

Marijuana Policy

DC Activists to File Marijuana Legalization Initiative This Week.The nation's capital could vote on marijuana legalization this year. Activists there plan to submit a legalization initiative to city officials by week's end. Because of quirks in District law, the initiative will not seek to allow retail marijuana sales -- that would require action by the DC city council -- but would allow adults to possess and consume marijuana and grow up to six plants.

DOJ Will Reportedly Issue Guidance on Marijuana Banking Soon. The Wall Street Journal has reported that the Justice Department will soon issue a memo with guidelines for financial institutions dealing with legal marijuana businesses. Insiders said the current draft document emphasizes that federal enforcement priorities will be directed toward those who use legal marijuana sales as a front for other criminal activity, funnel it across state lines, or sell it as part of a broader drug dealing conspiracy. But how financial institutions are supposed to know which of their marijuana customers are drawing federal interest remains unclear, suggesting that, as it stands, the draft memo will not satisfy banks.

Rhode Island Governor Calls Marijuana Legalization "Premature." Gov. Lincoln Chafee (I) said Tuesday Rhode Island should wait to see how legalization plays out in Colorado and Washington before trying it there. He added that it was premature to consider legalization before seeing how the state's 2013 decriminalization law is working out.

Maryland Governor Opposes Marijuana Legalization. Gov. Martin O'Malley (D) said Wednesday that while he was open to expanding access to medical marijuana, he opposed general legalization. "I'm not much in favor of it," he said. "We've seen what drug addiction has done to the people of our state, to the people of our city."

Oregon Legislature Could Discuss Legalization Next Month. With plans afoot to field a marijuana legalization initiative in Oregon this year, legislators are hinting they may want to take a crack at it first. Rep. Jennifer Williamson (D-Portland) told a local meeting she expects legislators to take up the issue in the session that begins February 3.

Medical Marijuana

Oregon Medical Marijuana Dispensary Rules Due in Days. State officials said Tuesday that draft rules for the state's newly-regulated dispensary industry should be posted within a week. Then will come a series of public hearings before the rules are finalized. In the meantime, dispensaries will be able to operate under temporary rules, with applications accepted beginning March 3.

New York Governor's Medical Marijuana Plan "Unworkable," MPP Says. New York Gov. Andrew Cuomo (D) is expected to announce an executive order allowing limited medical marijuana availability today, but the Marijuana Policy Project called Cuomo's proposal "unworkable," saying it would require the cooperation of the DEA, NIDA, and the FDA, none of which have been amenable to such projects. MPP says the solution is for the legislature to pass pending medical marijuana legalization.

Obamacare and Drug Policy

New DPA/ACLU Issue Brief Discusses Affordable Care Act's Impact on Drug Policy. A new issue brief from the Drug Policy Alliance and the American Civil Liberties Union reviews provisions of the Affordable Care Act relevant to drug policy, as well as how the ACA can help recast the drug policy debate. The brief is Healthcare Not Handcuffs: Putting the Affordable Care Act to Work for Criminal Justice and Drug Policy Reform.

International

DEA Met With Sinaloa Cartel Leaders, Mexican Newspaper Says. Members of the DEA and the Justice Department met secretly with leaders of the Sinaloa Cartel to gain information about rival cartels, the Mexico City newspaper El Universal reported Monday. The meetings took place without the knowledge of Mexican officials, although US authorities on some occasions provided Mexican authorities with information derived from the meetings. The newspaper identified the DEA or Justice Department employees present at the meetings as Steve Fraga, Manuel Castañon, David Herrad and Carlos Mitchem.

CuPIHD Publishes Study of Mexico City Drug Markets. Mexico's Collective for an Integrated Drug Policy (CuPIHD) has published a quantitative and qualitative analysis of Mexico City illicit drug markets, describing the size and characteristics of the drug markets, as well as how drug users perceive and interact with their legal, economic, institutional, and social environments. The English-language version of the study is Drugs DF: The Illegal Drug Markets of Mexico City.

Draft Reveals Details of Mexico City Marijuana Legalization Bill. The Mexico City web site Animal Politico has obtained a draft of a bill being worked on by a team of leftist Party of the Democratic Revolution (PRD) to advance marijuana reform in the federal district. The bill would completely decriminalize the possession of marijuana, make marijuana possession and distribution "zero priority" offenses for law enforcement, and create a system of dispensaries to sell marijuana for therapeutic reasons. The proposed bill would require changes in, or, at least, exemptions from, some existing federal laws.

Chronicle AM -- January 7, 2014

Another poll shows solid majority support for marijuana legalization, Florida's medical marijuana initiative appears to be within reach of qualifying for the ballot (if the state Supreme Court doesn't block it), Sweden's justice minister falls for a pot deaths hoax, and a UN official has a grim warning on Afghanistan. And more. Let's get to it:

Letting New Hampshire legislators know... (Facebook)
Marijuana Policy

CNN Poll Has Support for Legalization at 55% Nationwide. A new CNN/ORC International poll has support for marijuana legalization at 55% nationwide, up 12 points in two years. The poll also shows a dramatic decline in the number of people who think using marijuana is immoral.

Rally Called as New Hampshire House Votes on Marijuana Legalization Tomorrow. Supporters of House Bill 492, the marijuana legalization bill, are rallying tomorrow morning at the state house as the House prepares to vote on it. Click on the link for more details.

Galesburg, Illinois, Semi-Decriminalization Ordinance Passes. The Galesburg city council Monday night approved an ordinance that gives police the option of ticketing instead of arresting people caught with less than 2.5 grams of marijuana. The city had 68 pot possession arrests last year, costing about $1,100 each to process through the courts.

Medical Marijuana

Florida Initiative Backers Closing in on One Million Signature Mark. It's starting to look like the People United for Medical Marijuana ballot initiative may qualify for the ballot. Organizers need just over 683,000 valid signatures by February 1 and now say they will hit the million-signature mark by next week. If organizers succeed in coming up with enough valid signatures, they still have to wait for the state Supreme Court to rule on whether the initiative's ballot title and summary meet legal requirements. It has been challenged by Attorney General Pam Bondi (R).

New York Governor to Establish Medical Marijuana Program by Executive Action. Gov. Andrew Cuomo (D) will announce at his State of the State address tomorrow that he will use his executive powers to implement a limited medical marijuana program.

Drug Testing

Sisters Sue Chicago Housing Authority over Drug Testing Policies. A pair of sisters who live in a mixed-income development owned by the Chicago Housing Authority have filed suit in federal court over the CHA's policy of requiring suspicionless drug testing of residents. DeAnn and Jessica Steubenfield filed the suit in the fall. It is at least the second lawsuit filed against the CHA over the practice; the ACLU of Illinois filed its own lawsuit earlier. The two cases will get a joint hearing in May. CHA is the only housing authority in the country to require suspicionless drug testing.

Law Enforcement

Washington State Drug Task Force Pays $375,000 in Snitch's Murder. Four law enforcement agencies that make up Washington's Cowlitz-Wahkiakum Narcotics Task Force have agreed to pay the parents of a murdered snitch $375,000 to settle a lawsuit alleging that the cops failed to protect the man after using him to arrest a heroin dealer. Jeremy McLean, 26, agreed to snitch in a bid to avoid charges of his own, and was killed by one of the people he ratted out. The killer is now doing life in prison.

International

Afghanistan Could Become "Fragmented Criminal State," UN Drug Expert Warns. Afghanistan's booming narcotics trade risks splintering the country into a "fragmented criminal state" if the government and its western allies do not step up efforts to tackle opium production, a senior UN official has warned. Opium farming hit a record high this year, and Jean-Luc Lemahieu, outgoing head of the UN Office on Drugs and Crime's Afghanistan office, said production would likely continue to soar before it falls. "If we are not careful, then Afghanistan has a real risk of becoming a fragmented criminal state," he said.

Uruguay Could Become Medical Marijuana Research Hub. Uruguayan presidential spokesman Diego Canepa told the Associated Press Monday that foreign laboratories have told the government they want to set up labs there to study the potential medicinal uses of marijuana. "Uruguay will become a hub for biotechnology," he said. One report said that Canada is discussing the possibility of importing Uruguayan weed for its medical marijuana program.

Swedish Justice Minister Bites on Colorado Marijuana Overdose Hoax. Swedish Justice Minister Beatrice Ask is facing ridicule for posting on her Facebook page a spoof article that claimed 37 people died of marijuana overdoses the day Colorado legalized the weed. She accompanied her post with comments about her zero-tolerance views on drugs. "Stupid and sad," she wrote above the hoax article. "My first bill in the youth wing was called Outfight the Drugs! In this matter I haven't changed opinion at all." After criticism emerged in social media, her press minister tried to explain that she knew the article was fake and was trying to criticize its publisher for joking about a serious matter.

Kyrgyzstan Addiction Doctor, Politician Says Legalize Marijuana. Addiction specialist and former Kyrgyz presidential candidate Jenishbek Nazaraliev is calling for marijuana to be legalized to reduce drug addiction, fight street crime, and increase tax revenues. He is calling on the government to create a pilot program for legal production near Lake Issyk-Kul, where two-thirds of families are already growing marijuana for the black market. But Kyrgyzstan's State Drug Control Service disagrees.

Chronicle AM -- December 24, 2013

The first business licenses for legal marijuana shops have been issued in Colorado, dispensaries are delayed in Nevada, hemp is on the agenda in Kentucky, and Uruguay's legalization example is causing reflection in the region. And more. Let's get to it:

Marijuana Policy

In Historic Move, Colorado Issues First General Marijuana Business Licenses. The Colorado Marijuana Enforcement Division Monday issued 348 approved licenses for marijuana growers, processors, and retailers, making it the first state to issue such licenses. Some 136 of the licenses are for retail outlets. The marijuana business goes legit on January 1, although it's unclear how many pot shops will be open on day one.

Arkansas Attorney General Rejects Wording of Legalization Initiative (Again). For the second time, Attorney General Dustin McDaniel has rejected the wording of a proposed ballot measure to legalize marijuana. He said there were ambiguities in the wording of a proposed constitutional amendment submitted by Marjorie LeClair. McDaniel has approved the language of two other marijuana initiatives, both relating to medical marijuana.

Medical Marijuana

Dispensaries Delayed in Nevada. Although the law allowing dispensaries to operate in Nevada goes into effect April 1, don't expect to see any then. The state Division of Public and Behavioral Health says it needs to hire more staff and that it could be four months after April 1 before licenses are accepted, reviewed, and approved.

Hemp

Kentucky Industrial Hemp Commission to Meet Monday. The state's Industrial Hemp Commission will meet Monday, December 30, at 1:00pm at the office of Agriculture Commissioner James Comer to discuss the status of talks with the US Justice Department, hear reports from various committees, and present drafts of clean-up legislation and the annual commission report.

International

Uruguay Marijuana Legalization Prompting Neighbors to Rethink. Look out, it could be contagious! Uruguay's move to legalize marijuana is having a ripple effect in the region. Argentina' drug czar, Juan Carlos Molina, has now called for a public debate there about following Uruguay's footsteps, and said his boss, President Christina Fernandez de Kirchner, wants a new approach, too. There are signs that Chile, too, may head down that path. Newly reelected socialist President Michelle Bachelet campaigned on reviewing marijuana's classification as a hard drug.

English-Language Details on Raided Belgian Cannabis Club. We reported last week on the harassment by police of the Mambo Cannabis Social Club in Hasselt, Belgium, and the arrest of its founder, Michel Degens, but the only link we had was in Dutch. Here, thanks to the folks at NORML UK, is an English language backgrounder and update on the situation. Click on the link.

Ban on Non-Dutch in Cannabis Cafes Not Illegal Nor Discriminatory, Advocate General Says. Leen Keus, the advocate general for the Council of State, said Tuesday that banning non-residents from cannabis cafes is not illegal nor discriminatory. The ban is not against Dutch, European, or international law, Keus said. His comments come as the Council of State, the country's highest administrative court, prepares a ruling on whether the government was correct in closing two Maastricht cannabis cafes because they refused to implement the ban. Among other things, the advocate general is charged with issuing legal opinions on matters before the court.

New Zealand Synthetic Cannabis Shop Draws Crowds, Controversy, Vandalism. New Zealand this year chose to regulate synthetic drugs instead of banning them, but that doesn't mean controversy and problems have gone away. The U njo Y shop in East Hamilton is drawing both large crowds of people who want to get high on synthetic cannabinoids and scathing criticism from some members of the community for the "anti-social behavior" it is accused of generating. And speaking of anti-social behavior, the shop is now the target of vandals, who have glued its doors shut and hurled marbles at its windows.

Chronicle AM -- December 23, 2013

The marijuana court judge was drunk, Dread Pirate Roberts wants his bitcoins back, Beto O'Rourke wants the Border Patrol to answer some questions, Rand Paul and Cory Booker tweet policy, and more. Let's get to it:

Marijuana Policy

Florida "Marijuana Court" Judge Comes to Work Drunk. Florida Judge Gisele Pollack, who pioneered the notion of a "marijuana court," where misdemeanor pot offenders are steered toward treatment, showed up at work last Tuesday drunk out of her mind. When court staff tried to keep her off the bench, she responded, "Fuck you, you're fired." She was also reportedly screaming and crying as she demanded that her car keys be returned to her. She later told reporters she would be off for two weeks in "an intense outpatient program."

Medical Marijuana

Florida Signature-Gatherers Held Day of Action Saturday. Organizers for the campaign to put a medical marijuana initiative on the Florida ballot held a "Day of Action" Saturday as their effort heads into its final weeks. Supporters set up locations in 14 cities, including Daytona Beach and Orlando, where volunteers picked up and dropped off petitions. They need 700,000 to make the ballot, but are seeking to gather one million to have a cushion.

Asset Forfeiture

Silk Road's Dread Pirate Roberts Wants His Bitcoins Back. Ross Ulbricht, also known online as the Dread Pirate Roberts, is asking the federal government to return more than $30 million worth of bitcoins it seized after it shut down his Silk Road web site for allowing visitors to buy and sell illegal drugs and other contraband. Ulbricht argues in a legal filing that the currency should be returned because it isn't subject to civil forfeiture rules.

Law Enforcement

Beto O'Rourke Calls for Investigation into Heavy-Handed Border Drug Searches. US Rep. Beto O'Rourke (D-TX) is calling for an investigation into border drug search practices after, in the latest border search scandal, a New Mexico woman is suing after having been subjected to body cavity searches, including anal and vaginal probes while crossing into El Paso from Mexico. "Recent allegations brought against CBP for extreme and illegal searches are deeply troubling and, if true, completely unacceptable," O'Rourke said. "Individuals do not waive their constitutional or human rights simply because they choose to cross one of our international bridges. The war on drugs cannot be an excuse for sexual assault under the color of legal authority. Constitutional limits exist so that the rights of our citizens are protected and the government does not deprive any person of life, liberty, or property, without due process of law," O'Rourke said. "CBP has a responsibility to ensure that all persons entering into our country are treated humanely and in accordance with our laws."

Sentencing Reform

Paul-Booker Tweet Fest Could Be Harbinger of Reform Alliance Next Year. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) engaged in a Twitter exchange today that could augur cooperation on moving forward with sentencing reform and marijuana and hemp legalization next year. Both are among the highest-profile senators seeking sentencing reform. Read the exchange at the link.

International

A Thousand Rally for Marijuana Legalization in Tel Aviv. More than a thousand people rallied in Tel Aviv's Rabin Square Saturday night in favor of marijuana legalization and easing restrictions on medical marijuana. Likud lawmaker Moshe Feiglin and Meretz lawmaker Tamar Zandberg have proposed a bill that would legalize marijuana and ease access to it for medical use.

Costa Rica Presidential Candidates Not Keen On Marijuana Legalization. Costa Rica's two leading presidential candidates have said they do not support the full legalization of marijuana in Costa Rica. Proponents of medical marijuana, however, might glean some hope from the candidates' responses. Front-runners Johnny Araya of the National Liberation Party and Jose Maria Villalta of the Broad Front are lukewarm at best on marijuana reform. Araya said "I'm against legalizing marijuana in Costa Rica," while Villalta, while not endorsing legalization, at least called for "a broad national dialogue" on the issue.

Alaska Marijuana Legalization Petition Passes Goal

With nearly a month to go before their signature-gathering deadline, organizers of an Alaska marijuana legalization initiative are well-placed to qualify for the ballot, but it's not a sure thing yet. The Campaign to Regulate Marijuana told local media outlets last week they have already gathered almost 45,000 signatures, nearly half again the 31,169 valid voter signatures they need to take the issue to voters.

Campaigners said they would continue to seek signatures up until a January 21 deadline. Initiative campaigners want a healthy number of excess signatures because they must assume that some number of signatures will be deemed invalid.

A common rule of thumb is that 25% to 30% of gathered signatures will be ruled invalid. As things now stand, if 30% of the signatures were found invalid, it would barely qualify.

If the measure qualifies for the ballot, Alaska could become the next state to legalize marijuana because even if other states qualify initiatives for the November ballot, Alaskans would vote on their measure in August.

The initiative backed by the Marijuana Policy Project would legalize the possession of up to an ounce by persons 21 and over and allow the cultivation of up to six plants (only three in flowering) and the possession of their harvests.

It would also direct the Alcoholic Beverage Control Board to develop rules and regulations for legal, taxable commercial marijuana cultivation, processing, and sales, and to do so within nine months. The legislature would have the option of instead creating a Marijuana Control Board to oversee regulation.

The initiative would allow localities to opt-out of legal marijuana commerce via local ordinance or vote, and it sets a wholesale transfer excise tax of $50 an ounce.

AK
United States

Fourth California Marijuana Legalization Initiative Filed

And then there were four. Famed marijuana cultivation expert Ed Rosenthal, the "Guru of Ganja," announced Friday that he was filing The Cannabis Policy Reform Act of 2014 and dropped it in the mail to Sacramento the same day.

And off it goes! Ed Rosenthal & Mickey Martin file the 4th CA marijuana legalization initiative of year. (facebook.com)
Three other initiatives have already been filed: The California Cannabis Hemp Initiative 2014, the perennial effort by followers of the late Jack Herer to legalize marijuana, which is in the signature gathering phase, but appears unlikely to make the ballot. The other two initiatives, The Control, Regulate and Tax Marijuana Act of 2014, filed by the Drug Policy Alliance, and The Marijuana Control, Legalization and Revenue Act of 2014 have both filed revised versions and are awaiting titles and ballot summaries from the state attorney general's office.

Rosenthal's Cannabis Policy Reform Act of 2014 would allow people 21 and over to possess up to three ounces of marijuana and grow up to 100 square feet outdoors. (Indoor limits would be energy-based and capped at 2600 watts.) The state would regulate commercial growing and sales, with licensing handled by the Department of Alcoholic Beverage Control.

There would be a 6% gross receipts tax at each stage of production, although farmers who sell directly to the public would be taxed only once. There would be no tax on high-CBD marijuana destined for the medical market.

The act would not create a per se limit for driver while impaired, nor would it allow localities to ban personal cultivation. Localities could ban stores, but only after such a measure is approved by voters.

"The deed is done: The Cannabis Policy Reform Act of 2014 is on its way to the State Capitol! Looking forward to true legalization, regulation, and taxation in California. Let's help the police by freeing them from such trivial matters to better focus on the more serious problems of society, like violent crime," Rosenthal wrote on his Facebook page.

Any putative 2014 California legalization initiative faces both high financial hurdles and a ticking clock. Initiatives need more than 500,000 signatures from registered voters to qualify for the ballot, an effort initiative watchers could cost a million dollars. And to get on the November ballot, signatures have to be in by April.

The Drug Policy Alliance says it will decide early next year whether to proceed with its initiative. Rosenthal said part of the reason he filed his initiative was that if the Drug Policy Alliance decides to move forward, it will at least have a good initiative (his) to work with.

Oakland, CA
United States

SF DA and San Diego Police Chief File Defelonization Initiative

San Francisco District Attorney George Gascon and San Diego Police Chief William Landsdowne filed an initiative with state officials Thursday that would defelonize most drug possession and nonviolent offenses. The move comes on the heels of so far fruitless efforts to get a defelonization bill through the state legislature.

San Francisco District Attorney George Gascon (wikimedia.org)
The smartly titled Safe Neighborhoods and Schools Act would "require misdemeanors instead of felonies for non-serious, nonviolent crimes like petty theft and drug possession, unless the defendant has prior convictions for specified violent or serious crimes." It would also authorize resentencing for anyone sentenced as a felon for acts which would become misdemeanors.

Initiative sponsors estimate the move would save the state $250 million a year in corrections costs. The measure mandates that those savings be earmarked for programs reducing recidivism (65%), education (25%), and crime victims' services (10%).

The defelonization effort comes a year after voters approved Proposition 36, a statewide initiative, which dramatically rolled back the state's notorious "three strikes" sentencing law by exempting most nonviolent offenders. Prop 36 passed amidst a seemingly perpetual prison overcrowding and funding crisis, which has still not gone away.

"I really think the timing is right -- it's a great opportunity to reform a part of our criminal justice system that's been broken for so long," Gascon told the San Francisco Chronicle. "We are looking basically at creating a scenario where we can prioritize violent crimes, we can keep dangerous criminals locked up, but move away from locking up people who basically just need medical help."

Whether sponsors are serious about actually getting the initiative on the ballot for 2014 remains to be seen. They would have to come up with more than 500,000 signatures by April to qualify for the November ballot.

Sacramento, CA
United States

Chronicle AM -- December 20, 2013

A pair of state appeals courts slap down cops who take people's medicine and won't give it back, there are problems with Kansas' drug testing law, Peru is buying shining new toys to prosecute its drug war, and more. Let's get to it:

Hash is medicine, and the cops have to give it back, the Oregon appeals court ruled. (wikimedia.org)
Marijuana Policy

DPA California Initiative Revised. The Control, Regulate and Tax Marijuana initiative, filed earlier this month by the Drug Policy Alliance (DPA), has been revised. The new version increases the personal grow limit from four plants to six, makes the 1,000-foot buffer rule around schools optional instead of mandatory, and makes the California Industrial Hemp effectively immediately. Left intact were no changes in criminal penalties, no changes in the state's medical marijuana law, and a 25% tax on adult retail sales. DPA head Ethan Nadelmann said in a conference call yesterday that the group would decide early next year whether to move forward for 2014.

Medical Marijuana

Oregon Appeals Court Rules Cops Must Give Back Seized Medical Hash. The Oregon Court of Appeals ruled Wednesday in Oregon v. James Jonathan Ellis that a medical marijuana patient whose hash was seized during an arrest can get it back. A district court judge had refused to order it returned, finding that hash wasn't covered under the state's medical marijuana law, but the appeals court disagreed, citing the federal Controlled Substances Act's definition of marijuana, which Oregon's law adopted, and which includes "every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin."

Colorado Appeals Court Rules Cops Must Give Back Seized Medical Marijuana. The Colorado Court of Appeals ruled Thursday in Colorado v. Robert Clyde Crouse that a district court judgment ordering Colorado Springs Police to return marijuana seized from leukemia patient Crouse was correct. Colorado Springs authorities had argued that federal drug laws preempted their returning Crouse's medicine, but neither the district court nor the appeals court was buying it.

Wyoming Legislator to Introduce Medical Marijuana Bill. Rep. Sue Wallis (R-Recluse) said this week that she intends to introduce a bill in the legislative session that starts early next year to allow the use of marijuana for medicinal purposes. Wallis said the death a year ago of her husband, Rod McQueary, brought the issue of legalizing medical marijuana into sharp focus for her. She said he benefited greatly from medical marijuana from Colorado in his last days.

Asset Forfeiture

Michigan Legislator Introduces Asset Forfeiture Reform Bill. Rep. Jeff Irwin (D-Ann Arbor) has introduced a bill, House Bill 5213,that would prohibit civil asset forfeiture unless and until a person is convicted of a criminal offense. "Asset forfeiture was sold as a needed tool for law enforcement to attack drug kingpins and gang leaders," Rep. Irwin said. "[But] too often, law enforcement uses the current asset forfeiture law to take tens of millions of dollars every year, mostly from low-level users and small-time dealers. We need to change how asset forfeiture works. By requiring a person be convicted of a crime before their seized property is subject to forfeiture, we will stop the worst abuses and curtail the insidious incentives that lead some law enforcement to short circuit due process and the fundamental principle that a person is innocent until proven guilty."

Drug Testing

Kansas Drug Testing Law Punishes Welfare Recipients, But Lets Lawmakers Skate. The Kansas legislature this year passed a bill, Senate Bill 149, that allows for drug testing of welfare recipients. Amid charges of hypocrisy, solons added language to include drug testing of themselves. But Wednesday, the director of Legislative Administrative Services, who is charged with implementing legislator testing, told legislative leaders that the law does not include any ramifications for a positive drug test and does not explicitly make the results public, so he will be treating them as confidential medical records.

Sentencing

Connecticut Sentencing Commission Recommends Cutting Drug-Free Zones. The Connecticut Sentencing Commission recommended Thursday that lawmakers sharply curtail drug-free zones around schools. The commission said they created racial disparities, unfairly affecting blacks and Latinos, who are more likely to dwell in urban areas, where schools and day cares are more densely packed. The commission recommended scaling the zones back from 1,500 feet to 200 feet. It also recommended limiting drug-free zone charges to those actually intending to infringe on the zones, as opposed to those just passing through.

International

Peru in Half-Billion Dollar Deal to Buy Russian Helicopters for Anti-Drug, Anti-Terrorism Effort. The Peruvian and Russian governments announced a deal Wednesday in which Russia will provide 24 Mi-171 helicopters to the Peruvian armed forces. The Peruvians plan to use them for anti-narcotics and anti-terrorism work in the central mountain areas where coca leaf and cocaine production are widespread.

Belgian Cannabis Social Club Raided. Belgian police acting on orders of the Justice Ministry raided the country's second cannabis club Wednesday (sorry, link in Dutch only). Raiders hit the Mambo Social Club in Hasselt, which follows the country's one-plant-per-person guidelines, seizing plants, records, and computer equipment. No word yet on any criminal charges.

Chronicle AM -- December 19, 2013

Today we have a plethora of pot polls, hope on banking, an important decision by Washington state regulators, and hints of change to come from Canada's Tories, among other news. Let's get to it:

Marijuana Policy

AP Poll Finds Opposition to Legalization Declining. In a poll released Thursday, the Associated Press found opposition to legalizing small amounts of marijuana declining, from 55% in 2010 to 29% now. At the same time, the poll reported support for legalization rising from 33% to 36%. The poll included an option for "neither support nor oppose," with 33% choosing that response. While support is up slightly, according to the poll, a good chunk of those opposed in 2010 have moved to "neither support nor oppose" now.

Wall Street Journal Poll Explores Attitudes on Where Marijuana Should Be Sold. In a poll released Thursday, the Wall Street Journal found that the most popular locations where Americans wanted legal nmarijuana to be sold were pharmacies (69%), followed by pot shops (60%), liquor stores (39%), coffee shops (17%), and supermarkets (13%). The poll also reported that 53% said the sale and possession of small amounts should not be legal, but that 80% said it should be regulated like alcohol. Go figure.

Arizona Pot Polls All Over the Place. Three Arizona polls on marijuana legalization have come up with wildly different results. Two polls from earlier in the year had support for legalization at 56% and 60%, but one just released had support at only 39%. That one is from Susquehanna Polling and Research, which only does polls for candidates who are Republicans and which had Romney beating Obama in Pennsylvania three days before the 2012 election. Obama won the state by five points.

Relief on Banking Could Come Early Next Year. Marijuana businesses could enjoy access to banking and financial services early next year, Jack Finlaw, chief legal counsel to Colorado Gov. John Hickenlooper (D) said Thursday. "What we're being told," Finlaw said during a teleconference, "is probably in the first quarter of 2014 there will be some guidance issued that's comparable to the Cole memo from the Department of Justice that will give, maybe not a green light, but a yellow light to banks to allow them to do business [with marijuana businesses] -- to take deposits, to set up checking accounts, to set up small business loans, to allow these businesses to accept purchases through debit cards or credit cards, to allow what normal businesses are allowed to do." The comment comes after a meeting of the Bank Secrecy Advisory Group in Washington, DC, last week.

St. Louis Legalization Debate Packs 'Em In. A Wednesday night debate on marijuana legalization filled the St. Louis Ethical Society to overflowing as Show Me Cannabis Regulation executive director John Payne took on Missouri Narcotics Officers Association vice president John Grellner for 90 minutes of heated, but polite debate. Show Me Cannabis is working to put a legalization initiative on the ballot next year.

Medical Marijuana

Washington Regulators Recommend Letting Patients Keep Their Personal Grows, But Eliminating Collective Grows. The state Liquor Control Board has reversed itself and is now recommending that patients be able to keep their grows of up to six plants. "Allow home grows and the ability for a qualified patient or designated provider to possess marijuana plants. A qualified patient or designated provider may possess 6 plants, 3 flowering and 3 nonflowering," the board recommended. But it also recommended eliminating collective gardens, the backbone of the state's dispensary system.

New York Medical Marijuana Bill Gets Long Island Public Hearing. A medical marijuana bill, the Compassionate Care Act, got a public hearing Wednesday in the chamber of the Nassau County Legislature. It had one earlier this month in Buffalo. The hearings are designed to mount public pressure on the state Senate to get the bill through.

International

UN Security Council Has "Deep Concerns" About West African Drug Trade. In a presidential statement Wednesday after a briefing from UN Secretary General Ban Ki-moon, the UN Security Council expressed "deep concern" about a growing drug trade in West Africa and its links to terrorism. Ki-moon told the Security Council $1.2 billion worth of cocaine transits the region each year, where governments are weak, borders are porous, and extremists are on the march.

Canada's Tories to Modernize Marijuana Laws? Canada's governing Conservatives could modify the country's pot laws, Justice Minister Peter McKay hinted Wednesday. Fining marijuana users instead of arresting them is one possibility, he said. "That doesn't mean decriminalizing or legalizing, but it does mean giving police options, for example, to issue fines in addition to any other sanctions, or as a substitute for other sanctions," MacKay told QMI Agency. "These are things that we are willing to look at in the new year, but there's been no decision taken."

Drug War Issues

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