State & Local Legislatures

RSS Feed for this category

There’s a Surprising Obstacle to Ending Marijuana Prohibition in New Jersey

New Jersey Gov. Phil Murphy (D) campaigned on, among other things, a promise to legalize marijuana in his first 100 days in office. That didn't happen. It may not happen at all this year, and state Sen. Ronald Rice (D) is one major reason why.

New Jersey state Sen. Ronald Rice (NJSenDems via YouTube)
Marijuana legalization advocates led by Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland) and Senate President Steve Sweeney (D-Gloucester) filed a pair of bills this session, S 2702 and S 2703 that provide lawmakers a framework for legalization, but opposition from the likes of Rice has blunted forward momentum so far.

Rice represents part of Newark, a district more than half black, and is the head of the state's Legislative Black Caucus. He is also a major anti-marijuana legalization advocate, with an array of arguments from the depths of Reefer Madness.

He most recently made headlines last week with his hyperventilating warning that if pot is legalized, Garden Staters will be faced with the prospect of -- gasp! -- "sex toys and oils with marijuana," and it could be happening right in his face.

"If in fact we legalize recreational marijuana, right across the street from my office they're going to put up stores," Rice told NJTV. "They want to call them dispensaries, but they're going to be stores that do retail selling cupcakes with marijuana, candies with marijuana, sex toys and oils with marijuana, lipsticks with marijuana, all those kinds of products that kids can get and people can get."

It's not clear why Rice thinks "kids" will be able to get marijuana products, or get them more easily than they could before. When marijuana is legalized, it has only ever legalized for adults -- not kids.

He also made a muddled attempt to deploy the discredited gateway theory that marijuana use leads to hard drug use, arguing that, "When you legalize marijuana recreationally, the number of people who've never used any type of drugs goes up substantially in terms of drug use." Say what?

Rice recognizes the devastating impact that racially biased marijuana law enforcement has on the state's minority communities -- the New Jersey ACLU reported last year that between 2000 and 2013, black residents were arrested at a rate nearly three times that of whites, even though both groups used weed at similar rates -- but says the answer is decriminalization, not legalization.

He has even filed a bill this year that would decriminalize the possession of up to ten grams, but that would also enable the state to force some marijuana users into drug treatment.

"I still want to deter people from doing something that's bad for them," Rice explained to Gothamist back in April. "If you get too high, you die from it. It kills you directly if it's too potent."

Of course, there is no known case of anyone dying from a marijuana overdose, but somebody forgot to let Rose on the secret.

In that same Gothamist interview, Rice unleashed a Gish gallop of problems he claimed would be unleashed by legal (but not decriminalized?) marijuana: Babies born with THC in their brains, businesses desperate for workers who could pass drug tests, people cashing in food stamps to score weed, drug cartels getting in the legal pot businesses, an army of drug addicts as pot smokers escalate to harder drugs, and devastated inner cities, among other looming calamities.

Rice also took his anti-legalization views to Washington, DC -- on April 20th of all days -- along with Bishop Jethro James Jr. of Newark's Paradise Baptist Church and former Democratic US Rep. Patrick Kennedy to join up with the pot prohibitionist Project SAM (Smart Approaches to Marijuana) at a press conference to blunt legalization moves.

The senator was in typical form there, warning that people already go hungry to buy drugs and that those numbers will only increase if it's easier to access legal marijuana. Rice also raised the specter of lethal violence if white college students from outside Newark come into the city in search of drugs or if blacks from the city go to white suburban towns to buy legal weed.

"Somebody's going to get killed," he said.

Rice has been in the state Senate since 1986, has won reelection easily in his heavily Democratic district, and didn't even face a primary challenger this year. He may be progressive on some issues, but on other issues, he displays the same reactionary tendencies he has displayed around marijuana. He was one of only two Democrats in the Senate to vote against bills legalizing same-sex marriage in 2009 and 2012. It may be time for District 28 voters to start looking for a senator from this century.

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

Why Does the New York State Department of Health Want to Legalize Marijuana?

Acknowledging that his previous opposition to marijuana legalization was being undercut by popular opinion and the spread of legalization in nearby states such as Maine, Massachusetts, and Vermont, New York Gov. Andrew Cuomo (D) in January called for an assessment of the possible impact of legalizing the herb in the state. The state Health Department was charged with the task.

It reviewed the possible health, public health, public safety, criminal justice, economic, and educational impacts of shifting from pot prohibition to a system allowing for the legal, regulated production, distribution, and use of marijuana. To do so, the department examined the experience of legalization in other states as well as conducted an extensive analysis of peer-reviewed literature on the subject. It also consulted with other state agencies and experts in the fields of public health, mental health, substance use disorders, public safety, transportation, and economics to help come up with a comprehensive review.

Last week, the Health Department released itsreport. Here is its bottom line:

"The positive effects of a regulated marijuana market in NYS outweigh the potential negative impacts. Areas that may be a cause for concern can be mitigated with regulation and proper use of public education that is tailored to address key populations. Incorporating proper metrics and indicators will ensure rigorous and ongoing evaluation."

In other words: Just legalize it.

So, how did the Health Department support this conclusion? The report's executive summary lays out its findings in the realms of health, the criminal justice system, economic impact, and the impact of legalization in nearby states. (Click on the summary for a full explanation of the logic behind the bullet points below.)

Health

  • Regulating marijuana reduces risk and improves quality control and consumer protection.

  • Marijuana may reduce opioid deaths and opioid prescribing.

  • Marijuana has intrinsic health benefits and risks.

  • Marijuana can have effects on mental health.

  • Regulation leads to little or no increase in adult use, and there is little evidence that regulation leads to an increase in use by youth.

  • Regulating marijuana may lead to a reduction in the use of synthetic cannabinoids/novel psychoactive substances.

Criminal Justice

  • Marijuana prohibition results in disproportionate criminalization of racial and ethnic minority groups.

  • Incarceration has a negative impact on families and communities.

  • Research is varied on the impact of regulated marijuana on motor vehicle traffic crashes.

Economics

  • Regulating marijuana will create jobs.

  • Market size and potential State revenues. The department estimated annual state marijuana sales revenues at between $1.7 billion and $3.5 billion, with estimated state and local tax revenues at somewhere between $248 million and $677 million, depending on sales and tax rates.

  • Marijuana regulation could generate long-term cost savings.

Impact of Legalization in Surrounding Jurisdictions

  • Consumers are likely to cross borders to obtain marijuana, committing a federal felony in the process.

  • Legalization of marijuana causes a sharp increase in marijuana possession arrests in border counties of neighboring states.

  • Legalization in neighboring jurisdictions raises the likelihood of revenue flowing from New York into those jurisdictions.

In its conclusion, the report called for harm reduction principles to be an integral part of legalization and pointed out that legalization would allow regulation (which prohibition prevents) for "quality control and consumer protection." It also emphasized that tax revenues could "support community reinvestment" and that legalization would "reduce disproportionate criminalization and incarceration of racial and ethnic minority communities."

That last point is a fundamental justice issue. As the report notes, in the past 20 years, more than 800,000 people have been arrested just for pot possession in the state, the vast majority of them young people of color.

The Drug Policy Alliance (DPA), which has been advocating for marijuana legalization in the state (and elsewhere) for years, pronounced itself pleased with the report's conclusions and urged Albany to get moving. A legalization bill, theMarihuana Regulation and Taxation Act (S.3040), is currently under consideration by the legislature and should be acted on, the group said.

"We are pleased that the governor and the State Department of Health have fully studied the existing evidence and accurately concluded that legalizing marijuana for adult use is the right choice for New York. Marijuana prohibition has devastated our communities, saddled hundreds of thousands with criminal records, acted as an easily accessible tool for racially biased policing, and stunted the opportunities for entire generations of mostly New Yorkers of color," said DPA policy coordinator Chris Alexander.

"Now that the report has been released and its conclusions presented, we are hopeful that the Governor and the Legislature can fully shift to examining the 'how' and move on from the 'if.' Any movement to legalize marijuana must also include broad record clearing provisions, must create a diverse and inclusive industry, and guarantee significant community reinvestment to repair the harm that has been done. We look forward to engaging with the governor's office and the legislature on the ways to best move New York forward."

Will Albany act to make New York the next state to free the weed? It wouldn't take an act of political courage: Some 62 percent of New Yorkers support making marijuana use legal for adults over 21, and more than 60 percent support taxing and regulating marijuana as a way to address the state's looming budget deficit.

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

Medical Marijuana Update

Michigan's Court of Appeals issues a strange ruling and the fight over what Oklahoma's medical marijuana program will look like continues.

Michigan

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said last Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced last Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana. "Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

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

Chronicle AM: NJ AG Suspends Pot Prosecutions, Denver Magic Mushroom Init Stalled, More... (7/25/18)

In a surprise move, New Jersey's attorney general suspends marijuana prosecutions, an Oklahoma industry trade group releases proposed draft medical marijuana regulations, a Denver initiative to decriminalize magic mushrooms is delayed, and more.

No magic mushroom initiative for Denver this year. Maybe next year. (Flickr/Greenoid)
Marijuana Policy

New Jersey Attorney General Suspends All Marijuana Prosecutions Until September. State Attorney General Gurbur Gerwal announced Monday night that he had ordered county and municipal prosecutors to suspend marijuana-related cases at least until September. The surprise move came after Grewal met with Jersey City officials over that city's effort to decriminalize small-time possession. Grewal last week initially told the city it couldn't do that, but after the Monday meeting he announced that he was forming a working group to create a statewide policy for prosecutors and: "In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court. This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

Washington State Felony Marijuana Busts Plummet After Legalization. Felony pot busts have fallen by 90% since the state legalized marijuana in 2012, according to the Washington State Caseload Forecast Council. More than 1,300 felony sentences were handed out in an 18-month period in 2008 and 2009, but only 147 such cases in an 18-month period following the opening of retail marijuana shops in 2014. "It's really heartening," said Alison Holcomb, the director of strategy for the ACLU of Washington who authored and sponsored the legalization initiative. "These are strong signs that this was the right policy choice for Washington state voters to make and we're really grateful that they had the courage to do it."

Medical Marijuana

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

Psychedelics

Denver Magic Mushroom Initiative Won't Be on 2018 Ballot. A proposed initiative to decriminalize magic mushrooms will not be on the ballot this year. Advocates were thwarted by the Denver elections division, which has yet to approve ballot language. That means the group has almost no time to gather signatures before the city's mid-August deadline for the November election. They will now aim for the city's May 2019 ballot.

Chronicle AM: Federal State-Legal Pot Reporting Bill Filed, Mexico Killings Still Rising, More... (7/24/18)

Prospects look iffy for a pair of Oklahoma marijuana initiatives, a federal bill requiring reporting on the impact of state-level legalization is filed, Canada's pot arrests shrink, Mexico's murders increase, and more.

Marijuana Policy

Federal Bill to Require Report on State-Level Legalization Filed. Led by Rep. Tulsi Gabbard (D-HI), a bipartisan group of representatives on Tuesday filed the Marijuana Data Collection Act, which would direct the Department of Health and Human Services to work with other agencies to study "the effects of state legalized marijuana programs on the economy, public health, criminal justice, and employment." The measure has not yet been assigned a bill number.

Oklahoma Marijuana Initiatives Unlikely to Qualify in Time for November Ballot. Proponents of a pair of initiatives, State Question 796 to legalize medical marijuana via a constitutional amendment, and State Question 797 to do the same for recreational marijuana are up against a ticking clock and will likely not be able to get the measures on the ballot this year. Secretary of State James Williamson said Monday. Circulators have until August 8 to hand in signatures, but under state law, the initiatives must be approved no fewer than 70 days before the November election. It normally takes the state about 60 days to verify signatures, and that August 8 deadline means there are only 69 days before the election. Also, any challenges to the initiatives could delay them even further. If they don't make the November ballot, a special election is unlikely and they would then appear on the November 2020 ballot.

Medical Marijuana

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokeable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

International

Canada Pot Arrests Drop to Record Low. The number of people charged with marijuana offenses has dropped to the lowest level this century. The 13,800 arrests in 2017 were less than half the 28,000 people arrested in 2011. Police said the reason was twofold: Police have been concentrating on the opioid crisis, and, as legalization nears, they have been exercising their discretion and not bothering to arrest people for pot anymore.

Mexico Murders Increased 16% in First Half of This Year. There were some 15,973 murders in Mexico in the first half of 2018, up from 13,751 during the same period last year. The number is the highest since comprehensive records began being kept in 1997. Still, the curve may be flattening out, analysts said, noting that the first half of 2018 saw only a 4% increase over the last half of 2017. But still&hellip<>

Chronicle AM: OK Health Board Retreats on MedMJ, UK ACMD Supports MedMJ, More... (7/20/18)

The battle over Oklahoma's new medical marijuana law continues, the British Advisory Committee on the Misuse of Drugs calls for medical marijuana legalization, the Pennsylvania auditor calls for marijuana legalization, and more.

Medical marijuana is at issue in Oklahoma and Great Britain. (Creative Commons)
Marijuana Policy

Pennsylvania Auditor, Pittsburgh Mayor Call for Legalization. Auditor General Eugene DePasquale on Thursday released a report saying marijuana could be a $1.7 billion industry in the state, generating more than $500 million in tax revenues. Joining DePasquale was Pittsburgh Mayor Bill Peduto. "This issue not only has a revenue side to it, but it also has a personal side to it -- people whose lives are thrown out of balance because of the penalization of cannabis not being legal, people who are not able to have access to housing or access to jobs or access to an opportunity in life," Peduto said.

Jersey City Decriminalizes Possession. The city becomes the first in the state to decriminalize small-time pot possession. A decriminalization ordinance went into effect Thursday. Under the ordinance, the city's assistant prosecutors will have discretion in which cases to pursue.

Medical Marijuana

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

International

British Drug Advisory Committee Calls for Legal Medical Marijuana. The Advisory Committee on the Misuse of Drugs (ACMD) has called for the legalization of medical marijuana. In a "short-term advice," the group said the plant had medicinal benefits and doctors should be able to prescribe it. The ACMD also called for marijuana to be down-scheduled in the country's drug classification scheme.

Medical Marijuana Update

Arkansas finally issued some cultivation licenses, Maine legislators override a gubernatorial veto to expand medical marijuana, Michigan adds more qualifying conditions, and more.

Arkansas

Arkansas Issues Cultivator Licenses. The state Medical Marijuana Commission has awarded cultivation licenses to five medical marijuana businesses. The move comes after an injunction blocking the move was lifted. Another 90 potential medical marijuana businesses were out of luck, but the commission will keep their applications on hand in case one of the five awarded licenses is revoked or if the commission decides to award the three additional licenses it could issue.

Maine

Maine Governor Vetoes Medical Marijuana Expansion Bill. Gov. Paul LePage last Friday vetoed a bill that would have allowed doctors to certify medical marijuana for patients for any reason, as well as revamping the caregiver system and removing some obstacles to obtaining patient cards. The bill will now go back to the legislature for a possible effort to override the veto.

Maine Lawmakers Override Governor's Veto of Medical Marijuana Expansion. The legislature has overwhelmingly overridden Gov. Paul LePage's (R) veto of a bill, L.D. 1539. allowing patients to use marijuana if a doctor deems it medically beneficial, grant six new medical dispensary licenses, permit caregivers to expand their business operations and give the state and municipalities more power to regulate them.

Michigan

Michigan Adds More Qualifying Conditions. The state on Monday added 11 medical conditions, including autism, chronic pain, Parkinson's disease and Tourette's syndrome, to the list of ailments that could qualify a person for a medical marijuana card. That brings the number of qualifying conditions to 22.

Oklahoma

Oklahoma Losers Now Want to "Fix" Medical Marijuana Initiative. Opponents of State Question 788, the medical marijuana initiative approved by voters last month, are now demanding changes in the measure. At a Monday press conference, a coalition of medical groups called for three changes to the initiative: requiring dispensaries to have pharmacists on staff, limiting the number of dispensary licenses, and banning the sale of smokable forms of weed. The state Health Department was meeting Tuesday to vote on proposed rules, but it does not appear the department is going to consider the proposals from the medical coalition.

Oklahoma Approves Emergency Rules for Medical Marijuana, Bans Sale of Smokable Medicine. The state Board of Health on Tuesday approved a proposed draft of emergency rules for the state's new medical marijuana program, but also voted to prohibit the sale of smokable marijuana at dispensaries. Licensed medical marijuana patients could still smoke it if they grew their own.

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

Chronicle AM: ME MedMJ Expansion Moves Ahead, CA MJ Arrests Drop Big-Time, More... (7/10/18)

California marijuana arrests plummet post-legalization (duh!), Maine lawmakers slap down a Paul LePage veto and expand medical marijuana, Toronto's chief medical officer calls for drug decriminalization, and more.

More of these will be coming soon to Maine after legislators easily overrode a Paul LePage veto. (Creative Commons)
California Marijuana Arrests in Drop 56% Following Passage of Prop. 64, but Racial Disparities Remain. Arrests for marijuana offenses dropped precipitously following the legalization of marijuana in November 2016. Felony pot arrests dropped 75% between 2016 and 2017, while misdemeanor busts declined from 5,861 in 2016 to 3,979 in 2017. But blacks and Hispanics continued to be arrested at higher rates than whites. Blacks and Hispanics accounted for 61% of felony arrests and 59% of all misdemeanor arrests.

Medical Marijuana

Maine Lawmakers Override Governor's Veto of Medical Marijuana Expansion. The legislature has overwhelmingly overridden Gov. Paul LePage's (R) veto of a bill, L.D. 1539. allowing patients to use marijuana if a doctor deems it medically beneficial, grant six new medical dispensary licenses, permit caregivers to expand their business operations and give the state and municipalities more power to regulate them.

Oklahoma Losers Now Want to "Fix" Medical Marijuana Initiative. Opponents of State Question 788, the medical marijuana initiative approved by voters last month, are now demanding changes in the measure. At a Monday press conference, a coalition of medical groups called for three changes to the initiative: requiring dispensaries to have pharmacists on staff, limiting the number of dispensary licenses, and banning the sale of smokeable forms of weed. The state Health Department was meeting Tuesday to vote on proposed rules, but it does not appear the department is going to consider the proposals from the medical coalition.

International

Toronto's Chief Medical Officer Calls for Drug Decriminalization. Dr. Eileen de Villa, chief medical officer for the city of Toronto, has urged the city's board of health to call on the federal government to decriminalize the possession of all drugs. She is also recommending Ottawa convene a task force made up of people who use drugs, alongside experts in policy, health care, human rights, mental health and criminal justice experts "to explore options for the legal regulation of all drugs in Canada."

British Labor Party Launches Campaign for Drug Policy Reform. The party rolled out its Labor Campaign for Drug Policy Reform on Monday. The campaign will provide a forum for members to discuss British drug policy. The Tory government's current prohibitionist policy "plays into the hands of organized crime," said MP Jeff Smith, who co-chairs the all-party parliamentary group for drug policy reform. "This government's approach is lining the pockets of organized criminals while forcing taxpayers to live with the costs associated with drug abuse and preventing vulnerable users from getting the support they need. This year we've seen progressive drug policies implemented across Europe, and at a local level here in the UK, but now it's time for national leadership on this issue."

Medical Marijuana Update

A powerful Senate committee calls marijuana's Schedule I status an obstacle to research, an Arizona appeals court ruling gets ignored, Oklahoma sees its first medical marijuana clinic, and more.

National

Senate Committee Slams Marijuana's Federal Classification, Saying Schedule I Blocks Research. The Senate Appropriations Committee has issued a report criticizing marijuana's continued classification as Schedule I drug, saying that the classification is a bar to research. "The Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act effectively limit the amount and type of research that can be conducted on certain Schedule 1 drugs, especially marijuana or its component chemicals and certain synthetic drugs," the committee wrote a new report called "Barriers to Research."

Arizona

Arizona Appeals Court Rules Patients Face Can Be Arrest For Hashish, Extracts. The state Court of Appeals ruled last Tuesday that medical marijuana patients can still be arrested for possessing hashish or extracts because they weren't included by name in the voter-approved medical marijuana initiative in 2010. The ruling came in the case of card-carrying patient Rodney Jones, who was caught with 0.05 ounces of hash. After spending more than a year in jail, he waived his right to a jury trial, but not his right to appeal. "If the drafters wanted to immunize the possession of hashish they should have said so," the ruling said. "We cannot conclude that Arizona voters intended to do so." Arizona Attorneys for Criminal Justice, which is supporting Jones, said the ruling will be appealed to the state Supreme Court.

Arizona Marijuana Industry Leaders Say They Will Ignore Appeals Court Ruling Barring Extracts. Last week's state appeals court ruling that because hashish and marijuana extracts were not explicitly mentioned in the state's medical marijuana law they are illegal is being met with vows to ignore it by the industry. Dispensary associations and operators say they will wait for a final ruling from the state Supreme Court before complying. That could leave them open to criminal prosecution, even though the state Department of Health Services said last Friday it is still trying to figure out what to do.

Oklahoma

Oklahoma Sees First Medical Marijuana Clinic. That didn't take long. Just hours after the polls closed last Tuesday and voters approved a medical marijuana initiative, the Tulsa Higher Care Clinic opened for business. The clinic provides doctors who will write medical marijuana recommendations, but it isn't selling any product… yet.

Oklahoma Governor Says No Special Session for Medical Marijuana. Despite saying before the June 26 election that the successful medical marijuana initiative would require a legislative special session to be implemented, Gov. Mary Fallin (R) said last Friday that she and House and Senate leaders have decided that a special session isn't necessary. Instead, the Health Department will be charged with promulgating emergency rules.

Utah

Utah Medical Marijuana Initiative Foes Seek Emergency Restraining Order to Block it from Ballot. The Coalition for a Safe and Healthy Utah, which includes the Utah Medical Association, the Eagle Forum, the Utah Police Chiefs Association and other law enforcement groups, last Friday asked US District Court Judge Clark Waddoups to issue an emergency injunction. They argued marijuana remains illegal under federal and state law. But the state attorney general's office opposes the injunction. "There is no emergency," argued Assistant Utah Attorney General David Wolf. "The election is months away, and the voters may reject the Initiative and moot the constitutional issues that, in Plaintiffs' view, justify an emergency (preliminary) injunction."

Utah Medical Marijuana Foes Drop Lawsuit Seeking to Block Initiative. Drug Safe Utah, which had sought to block the medical marijuana initiative from appearing on the November ballot, has given up on that tactic. An attorney for the group said its challenge lacked "ripeness," in that it sought to block the law before voters had a chance to vote on it. The attorney said the group may try to challenge it after it passes.

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

Chronicle AM: NJ Dems Say Legalization Happening Soon, Swiss Move to Relax Marijuana Laws, More... (7/5/18)

Democratic legislative leaders in New Hampshire and New Jersey are pushing forward on marijuana legalization, a powerful Senate committee slams marijuana's classification as a Schedule I drug, the Swiss government is moving toward pilot programs on marijuana legalization, and more.

Marijuana Policy

New Hampshire Top Senate Democrat Kicks Off Campaign to Legalize Marijuana. Senate Minority Leader Jeff Woodburn has launched an online petition campaign to pressure Gov. Chris Sununu (R) on marijuana legalization. Sununu has vowed to veto any bill that would do that, but Woodburn said, "We're in the business of listening to what the people want, and we need to get our heads out of the sand and recognize the reality that all of our neighbors are moving towards." The campaign hopes to have 10,000 signatures by October when legalization goes into effect in Canada. Once that happens, New Hampshire will be totally surrounded by states or countries that have freed the weed.

New Jersey House, Senate Democrats Say Legalization is Coming Soon. Gov. Phil Murphy promised that marijuana legalization would happen during his first 100 days in office. It didn't, but state Democratic legislative leaders now say it could happen before Labor Day. Senate President Steve Sweeney (D-Gloucester) says lawmakers are "rounding the corner" on marijuana and is predicting legislation could be passed by the end of August. "I know the speaker and I are committed to getting the marijuana bills done this summer. That's our goal," Sweeney said.

Medical Marijuana

Senate Committee Slams Marijuana's Federal Classification, Saying Schedule I Blocks Research. The Senate Appropriations Committee has issued a report criticizing marijuana's continued classification as Schedule I drug, saying that the classification is a bar to research. "The Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act effectively limit the amount and type of research that can be conducted on certain Schedule 1 drugs, especially marijuana or its component chemicals and certain synthetic drugs," the committee wrote a new report called "Barriers to Research."

Arizona Marijuana Industry Leaders Say They Will Ignore Appeals Court Ruling Barring Extracts. Last week's state appeals court ruling that because hashish and marijuana extracts were not explicitly mentioned in the state's medical marijuana law they are illegal is being met with vows to ignore it by the industry. Dispensary associations and operators say they will wait for a final ruling from the state Supreme Court before complying. That could leave them open to criminal prosecution, even though the state Department of Health Services said last Friday it is still trying to figure out what to do.

Utah Medical Marijuana Foes Drop Lawsuit Seeking to Block Initiative. Drug Safe Utah, which had sought to block the medical marijuana initiative from appearing on the November ballot, has given up on that tactic. An attorney for the group said its challenge lacked "ripeness," in that it sought to block the law before voters had a chance to vote on it. The attorney said the group may try to challenge it after it passes.

International

Switzerland Moves Toward Relaxing Marijuana Laws. The Swiss government said Wednesday it aims to institute pilot studies on ways to relax its marijuana laws. "The scientific pilot studies would be limited and restricted to specific areas," the government said. "Participant numbers would also be limited, and minors would be excluded." The government noted that some 200,000 Swiss use marijuana regularly: "Although current laws forbid its consumption and seek to punish it, this number is not declining. At the same time, the black market is flourishing, and the safety of consumers cannot be guaranteed due to a lack of quality control." Between now and October 25, a consultation on the pilot study proposal will take place.

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