Medical Marijuana

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Chronicle AM: NJ MJ Poll Shows Strong Support, IN Forfeiture Case Goes to Supreme Court, More... (10/31/18)

A new poll has support for marijuana legalization in New Jersey at 58%, Kansas gubernatorial candidates debate marijuana policy, truck drivers will face hair drug testing one of these years, and more.

Hair drug tests for truck drivers could be coming soon under an opioids bill signed into law this month. (Creative Commons)
Marijuana Policy

Kansas Gubernatorial Debate Highlights Sharp Differences on Marijuana Policy. In a pre-election debate Tuesday, gubernatorial candidates Kris Kobach (R) and Laura Kelly (D) differed on marijuana policy. Kobach said he opposed both medicinal and recreational marijuana while expressing some openness to using CBD. "With medical marijuana, I don't think the time is right," he said. Kelly said she supports marijuana legalization, and especially the legalization of medical marijuana. "There are many benefits for young children with severe seizure disorders and for end-of-life use," said Kelly. "It would also be incredibly helpful in helping to reduce the opioid crisis." She also called for sentencing reform for marijuana offenses. "We are destroying our families and costing the state of fortune," said Kelly. "We need treatment options, not incarceration." Independent candidate Greg Orman also said he supported legalization. The latest polls have the race between Kelly and Kobach too close to call.

New Jersey Poll Has Strong Support for Legalization. A new Rutgers Eagleton poll has support for marijuana legalization at 58% with only 37% opposed. Nearly four out of five of those supporting legalization said they viewed it as a social justice issue. The poll comes as the legislature tries to get its act together to advance marijuana legalization legislation next month.

Medical Marijuana

Michigan Judge Blocks Halloween Shutdown of Unlicensed Dispensaries. The same day state regulators ordered more than 200 unlicensed dispensaries to shut down by Wednesday, a Michigan judge blocked that order. Court of Claims Judge Stephen Borello granted a motion Tuesday that kills the state's latest attempt to shut down any medical marijuana dispensaries operating without a license. Borello issued a temporary injunction blocking the shutdowns and barring the state from imposing any other licensing deadlines until the court rules again.

Asset Forfeiture

Supreme Court to Hear Indiana Asset Forfeiture Case Next Month. The US Supreme Court will hear oral arguments on November 28 on whether Indiana officials in effect imposed "excessive fines" on a man who pleaded guilty to selling heroin by seizing his vehicle, which was valued at more than the maximum fine for his offense. Cops seized a $42,000 Land Rover belonging to Tyson Timbs, which he bought with an inheritance after his father's death. The maximum fine for dealing heroin in Indiana is $10,000..

Drug Testing

Congressional Opioid Bill Demands Hair Drug Testing for Truck Drivers. The omnibus opioid bill passed by Congress and signed into law by President Trump earlier this month calls for making progress on standards for hair drug testing of truck drivers. Drug testing of hair samples provides a much longer window to detect drug use than urine or blood tests. Hair testing was okayed in the 2015 FAST Act, but the Department of Homeland Security has so far failed to provide hair drug testing protocols. The new law requires DHS to provide guidelines and for the Substance Abuse and Mental Health Services Administration to report to Congress on progress in creating and issuing guidelines for hair drug testing.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Brazil's New Leader is Bad News on Drug Policy, CO Legalization Faces RICO Suit, More... (10/30/18)

A lawsuit using federal RICO statutes to challenge Colorado marijuana legalization got underway today, North Dakota medical marijuana patients and caregivers can now apply to the registry, Brazil's president-elect is a giant step backward on drug policy, and more.

Brazilian President-Elect Jair Bolsonaro favors harshly repressive drug policies. (Creative Commons)
Marijuana Policy

Colorado Lawsuit Challenging State's Marijuana Law Goes to Trial. A lawsuit filed by two landowners who claim that a nearby marijuana grow has reduced their property values -- in part because the smell allegedly makes horse riding less attractive -- got underway in federal court in Denver Tuesday. The case is based on federal racketeering laws, and an adverse decision could have significant disruptive effects on the state's marijuana industry. The lawsuit was filed by Safe Streets Alliance, a national anti-marijuana group.

New Jersey Lawmakers Aim for Marijuana Hearings Next Month. State Senate President Stephen Sweeney (D-3rd District) told reporters Monday he had been meeting with Sen. Nicholas Scutari (D-22nd District) on advancing marijuana legalization legislation, and "I think we're real close." While Sweeney did not offer any firm timelines, Scutari said he has been looking at holding a hearing on November 26.

Medical Marijuana

More Than 200 Unlicensed Michigan Dispensaries Must Close Down By Wednesday. The state's Medical Marijuana Licensing Board has approved 14 more dispensary licenses, but some 215 pot businesses that have not obtained licenses, most of them in Detroit, received cease and desist letters Tuesday and must close their doors by Wednesday if they want any chance at getting a license in the future.

North Dakota Patients and Caregivers Can Now Register. The state Department of Health began accepting applications Monday for medical marijuana patients and caregivers, with registry cards to begin being mailed out in December. It costs $50 to apply. The move comes just under two years after voters there approved a medical marijuana initiative.

Heroin and Prescription Opioids

Massachusetts Governor Seeks $5 Million for Opioid Drug War. Gov. Charlie Baker (R) will file legislation seeking $5 million for a pilot program for a "regional, multi-agency approach to fentanyl interdiction and crime displacement," he said Monday. He said his proposal targets drug dealers who move from town to town to evade police crackdowns. "We want to give departments the resources to coordinate with each other across their districts, essentially flooding the zone against the drug dealers who are peddling addiction and death in their communities," Baker said. "We want to go after the dealers who too often evade authorities by moving to another nearby location in a different municipality." The $5 million would be used to "supplement surveillance work and overtime costs for units," he said.

International

Brazil's Presidential Election Winner is Bad News on Drug Policy. Jair Bolsonaro, the winner of Sunday's Brazilian presidential election and known as "the Trump of Brazil" for his right-wing populist views, is bad news for drug reform in Latin America's most populous country. He favors intensifying ongoing bloody crackdowns on people involved with drugs, he has said on repeated occasions that police should kill people suspected of drug trafficking, and he has openly praised Philippines President Rodrigo Duterte's bloody drug war, saying "he did the right thing for his country." He opposes marijuana legalization, saying it would "benefit traffickers, rapists, and hostage takers." And Bolosonaro isn't just bad on drug policy; he gets downright weird. He has also claimed, in a bizarre homophobic rant, that smoking pot makes people gay.

Marijuana Midterms: The Prospects for State-Level Legalization and Medical Marijuana [FEATURE]

With less than two weeks to go to Election Day, its looking like a mixed picture for state-level marijuana policy initiatives. There are two states -- Michigan and North Dakota -- with marijuana legalization on the ballot and there are two more states -- Michigan and Utah -- with medical marijuana initiatives on the ballot.

It's possible that all four will pass, but it's looking more likely in Michigan and Missouri than in North Dakota and Utah. In North Dakota, well-funded opposition may drown out the legalization message, while in Utah, late maneuvering by the Mormon church and state political leaders is undercutting support from what had previously appeared to be a measure cruising toward victory.

Here's a quick recap of the initiatives and their prospects:

Michigan

Michigan is poised to become marijuana legalization's Midwest breakout state. The Coalition to Regulate Marijuana Like Alcohol has qualified a marijuana legalization initiative, Proposal 1, for the November ballot.

The measure would legalize the possession up to 2.5 ounces of pot for personal use and up to 10 ounces at home, as well as allowing for the personal cultivation of up to 12 plants and the fruits of that harvest. It also creates a system of taxed and regulated marijuana commerce, with a 10 percent excise tax at the retail level in addition to the 6 percent sales tax. The measure would give cities and counties the option of allowing pot businesses or not.

The initiative looks well-positioned to win in November. It had been holding steady at 61 percent support as late as May, the kind of polling numbers initiative and referendum experts like to see at the beginning of the campaign because they suggest that even with the inevitable erosion of support in the face of opposition attacks, the measure still has a big enough cushion to pull off a victory.

Support had indeed declined in the final weeks of the campaign as limited opposition finally emerged, but a September Detroit Free Press poll still has it winning with 55 percent of the vote and only three percent undecided and a September Detroit News poll had it winning with 56 percent.

Missouri

Missouri voters will be able to choose from not one, not two, but three separate medical marijuana measures when they go to the polls in November. Two are constitutional amendments; one is a statutory initiative that could more easily be modified by the legislature.

Amendment 2, sponsored by New Approach Missouri, would allow doctors to recommend medical cannabis for any condition they see fit. Registered patients and caregivers would be allowed to grow up to six marijuana plants and purchase up to four ounces from dispensaries per month. Medical cannabis sales at dispensaries would be taxed at 4 percent.

Amendment 3, sponsored by Find the Cures, would let doctors recommend medical marijuana to patients who have any of a specific list of qualifying conditions (while regulators would be able to add more conditions in the future). The retail sales tax on medical marijuana would be set at the much higher rate of 15 percent. Funds would be used to support research with the aim of developing cures and treatments for cancer and other diseases.

Proposition C, backed by Missourians for Patient Care, also outlines a list of specific conditions that would qualify patients to legally use medical cannabis. Sales would be taxed at 2 percent.

An August poll conducted by TJP strategies had support for amending the state constitution to allow medical marijuana at 54 percent.

That there are three separate measures on the ballot could lead to some confusion. If multiple ballot measures on the same topic pass, the one with the most votes generally prevails. But because in this case two of the measures are constitutional amendments and one is a statutory measure, if the statutory measure gets more votes than either of the amendments, but at least one of them passes, it could be up to the state's court system to figure out which goes into effect.

While there is nothing stopping voters from voting "yes" on all three measures, there are also concerns that the multiplicity of options could result in splitting the pro-medical marijuana vote, with some voting "yes" on only one measure and "no" on the others. In this election, when it comes to medical marijuana, Missouri may have too much of a good thing.

There has been no more recent polling, but with 93% of the nation backing medical cannabis in an April 2018 Quinnipiac University poll, it's likely that Missouri isn't going to buck the trend. The fundraising also points toward a successful campaign. Both New Approach Missouri and Find the Cure have raised more than a million dollars over the course of the campaign and both still have tens of thousands of dollars banked for the final push. The only ballot committee opposed to both campaigns, Citizens for Safe Medicine, was just registered last month and has reported no donations or expenditures.

North Dakota

This year, a grassroots group, Legalize ND, managed to get enough signatures to get Measure 3, the Marijuana Legalization and Automatic Expungement initiative, on the November ballot.

This is a radical initiative. It would legalize all forms of marijuana for adults by removing marijuana, THC, and hashish from the state's controlled substance schedules, and it sets no limits on the amount of marijuana people could possess or how many plants they grow. It also provides for the automatic expungement of criminal convictions for anyone convicted of a marijuana-related crime that would be legal under the measure.

And it does not create a framework for regulated marijuana sales, nor does it set any taxes. Creating a system of taxed and regulated marijuana commerce would be up to the state legislature.

Legalize ND faces the toughest odds. While a June poll, commissioned by Legalize ND and conducted by the Florida-based Kitchen Group, had the initiative winning 46 percent to 39 percent, with 15 percent undecided and a poll this month, also commissioned by Legalize ND had it winning with 51 percent to 36 percent, two other recent polls have support at under 40 percent.

It also faces the toughest organized opposition, which is heavily out-fundraising it. While Legalize ND has raised less than $30,000 in cash and in-kind contributions, the national anti-marijuana lobbying group Smart Approaches to Marijuana (SAM) has provided 100 percent of the contributions to Healthy and Productive North Dakota, an amount totaling more than $156,000.

A separate anti-initiative committee, North Dakotans Against the Legalization of Recreational Marijuana, which represents business groups and is headed by the director of government affairs for the state Chamber of Commerce, has raised $86,000. If Legalize ND can pull off a victory, it will be sweet, indeed, but it's looking like an uphill battle.

Utah

Sponsored by the Utah Patients Coalition, the medical marijuana statutory initiative, Proposition 2, has qualified for the November ballot. The bottom-up effort comes after the state legislature has refused to advance meaningful medical marijuana legislation.

Under the measure, people who suffer from one of a list of designated qualifying medical conditions could receive a medical marijuana card with a physician's recommendation. That would entitle them to possess up to two ounces of marijuana or any amount of a marijuana product with up to 10 grams of THC. Patients could not grow their own unless they live more than 100 miles from a dispensary. And the patients cannot smoke marijuana.

A Utah Policy poll released in September had support for the measure at 64 percent, with even Mormons generally breaking with the church leadership on the issue. But after that poll was released, state political leaders, advocates, and the Mormon church announced they'd agreed on a medical marijuana plan that lawmakers would consider in a November special session. That has, to some degree, cut the legs out from under the initiative.

A Salt Lake Tribune poll released last week had support dropping to only 51 percent, with 46 percent opposed. What looked like a cakewalk just a few weeks ago has turned into a nailbiter.

There you have it. Marijuana could go four for four this year, but it's not at all at da one deal, and we may end up having to settle for only three or maybe even two out of four. Going only 50-50 on marijuana initiatives would be the worst performance of the modern era. Let's hope 2018 doesn't earn that distinction.

Chronicle AM: FDA Grants "Breakthrough Therapy" Status for Psilocybin, MI Pot Poll, More... (10/29/18)

The Michigan marijuana initiative still has a healthy lead as Election Day nears, the FDA has granted "breakthrough therapy" status for psilocybin for treatment-resistant depression, and more.

The FDA thinks there could be something magic in these mushrooms. (Creative Commons)
Marijuana Policy

Michigan Poll Has Legalization Initiative With Comfortable Lead. A new Detroit Free Press poll has the Proposal 1 legalization initiative favored by a margin of 57% to 41%. That's nearly unchanged from the previous Detroit Free Press poll in September, which had the issue winning 56% to 41%. "Even though there are some law-enforcement groups and others that are putting out information against the proposal, it seems to have pretty solid support," the pollsters noted. "There has always been a perception that there are far too many people in jail for a minimal amount of use and that it prohibits the police from spending time on more serious crimes."

Michigan Marijuana Foes Spending Big Bucks. The organized opposition to Proposal 1, known as Healthy and Productive Michigan, has collected more than $1 million in the past quarter, nearly double the $529,000 raised by the Coalition to Regulate Marijuana Like Alcohol Coalition, which is leading the "yes" campaign. The opposition still has $600,000 in the bank, which it is using for a series of cable TV ads. But the polling suggests the ads aren't working. Smart Approaches to Marijuana (SAM) ponied up more than $600,000 to defeat the measure, while executives from DTE Energy have donated more than $300,000.

Oregon County's Lawsuit Challenging State Legalization Thrown Out. A federal judge has dismissed a lawsuit from Josephine County contending that federal law criminalizing marijuana preempts the state's law allowing commercial production and sales. US District Court Judge Michael McShane ruled last Thursday that cities and counties don't have standing to sue a state in federal court. The county has not yet decided whether it will appeal the ruling.

Medical Marijuana

Oklahoma Medical Marijuana Dispensaries Celebrate First Day of Legal Sales. The Sooner State saw its first legal medical marijuana dispensary sales last Friday. Some 600 dispensary licenses have already been approved, but only a handful of stores were actually open on opening day. That will change in the coming months.

Psychedelics

FDA Grants "Breakthrough Therapy" Status for Psilocybin to Treat Depression. The Food & Drug Administration (FDA) has granted Breakthrough Therapy status to psilocybin -- the psychedelic ingredient in magic mushrooms -- for use in treating depression after early experimental results showed promise. The designation allows the FDA to expedite research and review of psilocybin-based treatments. It is aimed specifically at a Phase IIb trial currently underway investigating the optimal dose range for psilocybin used for severe treatment-resistant depression.

Two New Polls Suggest Marijuana Prohibition's Days Are Numbered [FEATURE]

Two of the country's top polling organizations have released surveys this month showing support for marijuana legalization continues to increase and is now at record highs. A Gallup poll released Monday had support at 69 percent, while a Pew Research Center poll released two weeks earlier had support at 62 percent.

The Gallup figure is up two points over last year, while Pew is up one. More impressively, the percentage of people supporting legalization nationwide has doubled since 2000, when both polls reported support at only 31 percent.

"There is a growing sense among the US population that it is time to end our nation's failed experiment with marijuana prohibition," responded Steve Hawkins, executive director of the Marijuana Policy Project (MPP). "People are sick and tired of adults being treated like criminals simply for consuming a substance that is, by every objective measure, less harmful than alcohol. Americans are more informed about cannabis than ever before, and they can now see that regulation is a viable and effective alternative to prohibition."

Gallup's levels of support are slightly more favorable toward legalization than Pew's, most likely due to methodological differences. In addition to the seven-point spread between the two on legalization, Pew, for example, reports a majority of Republicans still opposing legalization, while Gallup reports a first-time Republican majority in favor.

Pro-marijuana majorities can now be found across every demographic measured in the Gallup poll. Not only 53 percent of Republicans, but 71 percent of independents and three-quarters of Democrats want to free the weed, now even older Americans do, too. For the first time, a majority of those aged 55 and over (59 percent) support legalization, along with nearly two in three adults between 35 and 44 and a whopping 78 percent of 18-to-34-year-olds.

And support for legalization is now truly nationwide in the Gallup poll. As recently as 2010, only the West reported a marijuana majority, but now support is at 65 percent in the West, Midwest, and South, and even two points higher in the East.

The Pew poll found a few demographic groups not reporting majorities for legalization. In addition to Republicans, only 48 percent of Hispanics, 43 percent of white evangelicals, only 39 percent of the "Silent Generation" (people over age 75) could get behind it. But all other races, age groups, religious denominations (and atheists), and educational levels reported majorities for legalization.

The poll numbers reflect an increasing acceptance of weed as the country grows accustomed to the idea of marijuana being sold in stores (and taxed!) instead of in back alleyways. Nine states, the District of Columbia, and the territory of the Northern Marshall Islands already have legal marijuana, and another 21 allow for medical marijuana.

Four more states are voting on marijuana next month; Michigan and North Dakota on legalization, and Missouri and Utah on medical marijuana. And pot could play a role in the congressional races, too. The Democrats are already embracing it, and Republicans risk being left in the lurch.

"There are not many issues out there that enjoy majority support among both of the major political parties and in every region of the country," said MPP's Hawkins. "This support is consistently translating into wins at the ballot box, and it should further motivate elected officials to take action at the state and federal levels. Hopefully, lawmakers are paying attention to this clear trend in public opinion. If they ignore these poll numbers, they do so at the risk of seeing a drop in their own."

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

Chronicle AM: NY Senate Report on Opioids, WY Marijuana Poll, More... (10/25/18)

A new poll has marijuana legalization on the cusp of majority support even in Wyoming, the New York state Senate releases its report on the state's opioid crisis, and more.

Will Russia join the list of medicinal opium producers? (Creative Commons)
Marijuana Policy

New Jersey Marijuana Activists Urges Quick Action on Legalization. As the governor and the legislature work to find an agreement on a marijuana legalization bill, legalization supporters are growing impatient. "There's been hearings, there's been committee meetings, there's a lot of discussions, there's a lot of science behind it but right now it's getting very frustrating," said. New Jersey CannaBusiness Association President Scott Rudder. "We understand the process takes time -- but enough is enough. "We need to get past this, we need to resolve some of these issues. It's very frustrating." Gov. Phil Murphy (D) had called for legalization within 90 days of his January inauguration, then it was supposed to be voted on this month, and the latest is by year's end. Stay tuned.

Wyoming Poll Has Legalization on Cusp of Majority Support. A new poll from the Wyoming Survey and Analysis Center at the University of Wyoming shows nearly half of Wyoming residents -- 49 percent -- support legalization of marijuana for recreational use. That number is significantly higher when the question comes to medical marijuana, with 86 percent supporting legalization in that form. And 69 percent of residents think possession of a small amount of the drug shouldn't lead to jail time. The poll also notes that there has been a a statistically significant increase in positive views on marijuana legalization compared to polls from 2014 and 2016.

Heroin and Prescription Opioids

New York Senate Heroin Task Force Releases Recommendations, Findings in New Report. The State Senate Task Force on Heroin and Opioid Addiction on Wednesday released its 2017-2018 report, including 11 recommendations on ways the state should address the opioid crisis. The committee wants the state to create "Centers for Excellence on Substance Use Disorder" as a way to improve access to treatment in rural parts of the state, as well as increasing resources to healthcare workers trained to treat substance abuse disorders. The task force also calls for reducing the cost of Naloxone, limits on opioid prescriptions, and tougher penalties for dealers whose drug sales result in fatal overdoses.

International

Russia Moves Toward Allowing Medicinal Opium Planting. A government commission has approved a draft law that would allow the cultivation of opium for medicinal purposes, citing the fact that most legal medicinal opium producing countries are participating in sanctions against Russia. "It is proposed to abolish the existing ban and determine the order of cultivation of plants for the production for medical purposes and veterinary medicine of narcotic drugs and psychotropic substances," the government press service reported.

Medical Marijuana Update

Arizona's attorney general backs away from arguing that hash is not medical marijuana, the Indiana legislature balks on medical marijuana, Missouri medical marijuana initiatives have raised big bucks, and more.

Arizona

Arizona Attorney General Withdraws Arguments Saying Hash Isn't Medical Marijuana. Citing fears of unintended consequences for patients, Attorney General Mark Brnovich (R) on Monday withdrew his agency's arguments that the state's medical marijuana law doesn't include hashish. The state was responding to an appeal by a medical marijuana patient who was convicted of a felony for possessing 0.05 ounces of hash. "The last thing the attorney general wants is to deny medicine to legitimate patients that may be ingesting their marijuana an in extract or a tincture-type of a form," said his spokesman Ryan Anderson.

Indiana

Indiana Study Committee Doesn't Recommend Medical Marijuana Legalization. After hearing hours of testimony Thursday, the legislature's GOP-dominated interim study committee on public health rejected a recommendation to the full legislature that medical marijuana be legalized to treat chronic health conditions. The committee also rejected any further study of medical marijuana. But one Republican lawmaker, state Rep. Jim Lucas (R-Seymour) said he planned to file a medical marijuana bill next year anyway. "I'm going to make it my mission as a legislator, as a fellow Hoosier, to make sure that this issue moves forward," Lucas said.

Missouri

Missouri Medical Marijuana Initiatives Raised Big Bucks. Two of the three medical marijuana initiatives appearing on the November ballot have successfully raised large amounts of money for their campaigns. New Approach Missouri, the group behind Amendment 2, has raised more than $1.3 million, including $285,000 from Drug Policy Action, the advocacy arm of the Drug Policy Alliance. Amendment 2 would impose a 4% on medical marijuana sales. Find the Cures, the group behind Amendment 3, which would impose a 15% tax, has raised more than $1.7 million, with $1 million coming from Springfield lawyer and physician Brad Bradshaw, who heads a board that would license medical marijuana businesses.

New Jersey

New Jersey Ponders Allowing Medical Marijuana to Treat Opioid Addiction. The state Health Department has proposed a rule change that would make medical marijuana available to potentially thousands of opioid users. "Physicians should consider marijuana as another appropriate treatment for patients with many medical conditions, especially diseases for which conventional therapies aren't working for their patients," Dr. Shereef Elnahal, the state health commissioner, said in a statement. Current rules allow only people who became addicted to opioids while trying to manage chronic pain from a musculoskeletal to qualify for medical marijuana, but the proposed new rule would allow anyone with an opioid use disorder to use it.

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

Chronicle AM: Opioid Overdoses Decline, But Cocaine ODs at Record High, CDC Reports, More... (10/24/18)

The CDC's latest drug overdose numbers are out, Arizona's attorney general retreats on hashish, the Justice Department clears the way for harm reduction measures at music venues, and more.

Overall drug overdose deaths are finally declining, but cocaine deaths are rising, the CDC reports. (Creative Commons)
Marijuana Policy

New Jersey Marijuana Legalization Delayed Again, New Target is By Year's End. Top lawmakers now say they are no longer aiming at approving marijuana legalization by October 29, but are now looking at doing so before year's end. State Senate President Stephen Sweeney (D-Woodstown) and state Assembly Speaker Craig Coughlin (D-Middlesex) say they still need to iron out differences with Gov. Phil Murphy (D). It's not clear what those differences are.

Medical Marijuana

Arizona Attorney General Withdraws Arguments Saying Hash Isn't Medical Marijuana. Citing fears of unintended consequences for patients, Attorney General Mark Brnovich (R) on Monday withdrew his agency's arguments that the state's medical marijuana law doesn't include hashish. The state was responding to an appeal by a medical marijuana patient who was convicted of a felony for possessing 0.05 ounces of hash. "The last thing the attorney general wants is to deny medicine to legitimate patients that may be ingesting their marijuana an in extract or a tincture-type of a form," said his spokesman Ryan Anderson.

Cocaine

Cocaine Overdose Deaths at Record High, CDC Reports. The Centers for Disease Control and Prevention report that 14,205 Americans died of overdoses involving cocaine in the past 12 months, an all-time high. The country is awash in Colombian cocaine after two years of large coca crops there, but the CDC also warned that more and more cocaine is being laced with fentanyl, which is likely driving up overdoses.

Heroin and Prescription Opioids

Opioid Overdose Deaths Finally Declining, CDC Reports. The Centers for Disease Control and Prevention report that from April 2017 to March 2018, the number of fatal opioid overdoses declined by 2.3 percent compared to the 12 months ending in September 2017. "There are two major takeaways," said Leo Beletsky, a drug policy expert at Boston-based Northeastern University. "One is that we are not out of the woods yet, since these rates are still sky high. [And] we need to be doing much more of what works to get the rates down further."

President Trump Signs Opioid Package Today; Drug Policy Alliance Responds. President Trump Wednesday signed into law the omnibus opioid package aimed at curbing the overdose crisis. The package is the product of bipartisan efforts to pass opioid legislation in both the House and Senate in recent months. "This legislation takes some critical steps toward making lifesaving medication-assisted treatment more accessible, but should be seen as only one small step toward addressing overdose deaths rather than a comprehensive plan," said Grant Smith, deputy director of national affairs for the Drug Policy Alliance. "Missing from the package is a sustained commitment from Congress and the Administration to deliver funding for evidence-based treatments, like methadone and buprenorphine, at the levels needed to meet the demand. For decades our nation's treatment infrastructure has been short-changed, while billions of dollars have been poured into arresting and incarcerating people who use drugs. Trump's opioid package doesn't even begin to close this gap. The opioid package could do much more to expand life-saving tools, like naloxone distribution and supervised consumption services. While Congress should be applauded for not including new mandatory-minimum sentences in this package, it doesn't reflect the kind of bold and innovative action needed to address the crisis."

Harm Reduction

Justice Department Clarifies That Harm Reduction Measures at Music Events Don't Violate Federal Drug Laws. The Justice Department has conceded that the Illicit Drug Anti-Proliferation (IDAP) Act of 2003, which aims to punish people who operate facilities that knowingly allow or facilitate drug use, does not prevent venue owners from providing harm reduction services at their events. The clarification came after Virginia US Sens. Tim Kaine (D) and Mark Warner (D), acting on the request of harm reduction activist Deirdre Goldsmith, whose daughter died of heat stroke after taking MDMA, asked the DOJ to clarify.

Chronicle AM: Gallup Has MJ Legalization at 66%, UN Drug War "A Failure," Report Says, More... (10/23/18)

A new Gallup poll shows still rising support for marijuana legalization, a new report from the IDPC calls for a radical shift in UN drug control policies, Bangladesh moves toward passing a bill mandating the death penalty or life in prison for even possessing small amounts of some drugs, and more.

Marijuana Policy

Gallup Poll: Two in Three Americans Now Support Legalizing Marijuana. Sixty-six percent of Americans now support legalizing marijuana, another new high in Gallup's trend over nearly half a century. The latest figure marks the third consecutive year that support on the measure has increased and established a new record. The poll is in line with other recent polls that have shown support for marijuana legalization above 60%. Gallup found last year that a slim majority of Republicans supported legal marijuana for the first time, and this year's figure, 53%, suggests continued Republican support. Views that pot should be legalized have also reached new peaks this year among Democrats (75%) and independents (71%). Democrats reached majority-level support for legalization in 2009, and independents did so in 2010.

North Dakota Poll Has Legalization Initiative Leading. A poll commissioned by LegalizeND, the group behind the Measure 3 legalization initiative, has support for the measure at 51%, with 36% opposed. The poll has a 4.9% margin of error, so support could actually be under 50%. What is encouraging is that undecideds would have to break pretty decisively against the measure for it to be defeated.

Medical Marijuana

New Jersey Ponders Allowing Medical Marijuana to Treat Opioid Addiction. The state Health Department has proposed a rule change that would make medical marijuana available to potentially thousands of opioid users. "Physicians should consider marijuana as another appropriate treatment for patients with many medical conditions, especially diseases for which conventional therapies aren't working for their patients," Dr. Shereef Elnahal, the state health commissioner, said in a statement. Current rules allow only people who became addicted to opioids while trying to manage chronic pain from a musculoskeletal to qualify for medical marijuana, but the proposed new rule would allow anyone with an opioid use disorder to use it.

International

Report Calls UN's Global War on Drugs a Failure. A major new report from the International Drug Policy Consortium says the last decade of UN anti-drug strategy has been a failure and calls for a major rethinking of global drug policy. The report argues that the UN's "war on drugs" approach has had little impact on global drug supply while generating significant negative impacts on public health, human rights, security, and development. "This report is another nail in the coffin for the war on drugs," said Ann Fordham, the Executive Director of IDPC, in a prepared statement. "The fact that governments and the UN do not see fit to properly evaluate the disastrous impact of the last ten years of drug policy is depressingly unsurprising. Governments will meet next March at the UN and will likely rubber-stamp more of the same for the next decade in drug policy. This would be a gross dereliction of duty and a recipe for more blood spilled in the name of drug control." [Disclosure: StoptheDrugWar.org is an IDPC member group and provided feedback for the report.]

Canada's Ontario to Move Forward on Safe Injection Sites. The provincial government has decided to keep its overdose prevention sites open and repurpose them as "consumption and treatment centers," Health Minister Christine Elliott announced Monday. Premier Doug Ford had been opposed but said he would listen to advice from experts. Apparently, he has. Overdose-prevention sites are temporary facilities approved by the province to address an immediate need in a community, while supervised-drug-use sites are more permanent locations approved by the federal government after a more extensive application process.

Vanuatu to Legalize Medical Marijuana. The Republic of Vanuatu, a 277,000-person South Pacific nation, has taken the first step toward legalized medical marijuana. "I confirm that the council of ministers on Sept. 20 passed a policy paper to change the laws of Vanuatu to permit the cultivation and use of cannabis for medicinal and research purposes in Vanuatu by licensed parties," Vus Warorcet Nohe Ronald Warsal, the country's acting deputy prime minister and minister for trade, tourism, commerce, and Ni-Vanuatu business, said in a letter. The government will present legislation to the parliament later this year, with licenses expected to be issued by December.

Bangladesh Moves Forward With Death Penalty Drug Bill. The government has sent to parliament a bill that contains provisions mandating the death penalty or a life sentence for possessing, producing, or distributing more than five grams of methamphetamine or more than 25 grams of heroin and cocaine. Under current law, there is no provision for the death penalty or life sentence for heroin and cocaine offenses.

One Key Congressman's Bold Plan to End Federal Marijuana Prohibition Next Year [FEATURE]

Last week, Rep. Earl Blumenauer (D-OR) unveiled a plan for a Democratically-led House to push through federal marijuana legalization by the end of 2019. In an eight-page memo to the House Democratic leadership laid out his roadmap to ending Reefer Madness.

Congressional Cannabis Caucus founder Rep. Earl Blumenauer (D-OR)
Blumenauer isn't just any old congressman. The longtime stalwart marijuana reformer is the founder of the Congressional Cannabis Caucus and a leading voice in the fight to bring marijuana out of the shadows. And he's ready to do it once Congress gets back to work in January.

"Congress is out of step with the American people and the states on cannabis," Blumenauer wrote in the memo, citing polling showing 69% of registered voters support legalizing marijuana. "We have an opportunity to correct course if Democrats win big in November. There's no question: cannabis prohibition will end."

Most projections have the Democrats taking back control of the House in November. The Senate is a different story, with the odds against the party being able to overcome Republican control this year.

Winning the House is critical. During the current Congress, progress has been stymied by House Republican leaders, who have blocked floor votes on dozens of cannabis-related amendments. Not one marijuana reform bill has gotten a House floor vote in the past two years.

If the House goes Democratic and the party can push a legalization bill through that chamber, Blumenauer argues, then pressure will mount on even a GOP-controlled Senate, where there is already growing bipartisan support for reform.

But Senate Republicans aren't the only potential obstacle. The current House Democratic leadership hasn't exactly been chomping at the bit to make freeing the weed a priority next year.

But while there is majority support for ending marijuana prohibition among House Democrats, the party's leadership has so far appeared lukewarm to the idea of prioritizing the issue in 2019.

When Minority Whip Steny Hoyer (D-MD) was asked about pushing cannabis reform next year, he replied that top Democrats "haven't talked about that," and Minority Leader Nancy Pelosi (D-CA), the frontrunner for House Speaker if the Democrats win, seems willing to defer to President Trump on the matter.

"I don't know where the president is on any of this," she said. "So any decision about how we go forward would have to reflect where we can get the result."

But despite his notoriously pot prohibitionist attorney general, President Trump may not get in the way of marijuana legalization. As a candidate in 2016, he pledged to respect state marijuana laws, and earlier this year, as part of a deal with pot state Sen. Cory Gardner (R-CO), he told Gardner he would back "a federalism-based legislative solution to fix this states' rights issue once and for all Democrats need to be prepared to act when Congress reconvenes next year or risk giving Trump a freebie, Blumenauer warned.

"Democrats should lead the way," he wrote. "If we fail to act swiftly, I fear as the 2020 election campaign approaches, Donald Trump will claim credit for our work in an effort to shore up support -- especially from young voters. Democrats must seize the moment."

Beginning in January, the Democrats need to get moving, Blumenauer counseled.

"For too long, under Republican leadership, these issues have not been allowed to be fully debated. We must change that approach. Almost every standing House committee has jurisdiction over some aspects of marijuana policy. Within the first six months, these committees should hold hearings, bring in experts, and discuss possible policy fixes," he wrote.

Blumenauer is calling for the numerous hearings by March, including:

  • A House Judiciary Committee hearing on descheduling marijuana;
  • A House Veterans Affairs Committee hearing on safe and equal access to medical marijuana for veterans;
  • A House Energy and Commerce Committee hearing on marijuana research;
  • A House Ways and Means Committee hearing on the unequal and unfair taxation of marijuana businesses; and
  • A House Administration Committee hearing on access to financial services for candidates who support marijuana legalization.

From April to June, Blumenauer wants relevant committees to "start marking up bills in their jurisdiction to responsibly narrow the marijuana policy gap -- the gap between federal and state marijuana laws -- before the end of the year."

Those issues would include addressing the racial injustices of the unequal application of federal marijuana laws, protection of state marijuana laws, removal of barriers to marijuana research, civil asset forfeiture protections, job protections, access to financial services, and equal taxation for marijuana businesses, among others.

Blumenauer wants to see bills addressing these issues passed by August, and then movement to get a legalization bill through the Congress by year's end.

"With the marijuana policy gap diminished, after months of hearings and markups, the House should pass a full descheduling bill and work with Senate allies to guide the bill through Senate passage," he wrote. "Our chances in the Senate depend both on the November elections and increased public pressure following House passage. While the Senate has been slower on marijuana policy reform than the House and the American people, it now has almost 20 introduced bills in an effort to catch up with the House. We must build on this momentum."

If all goes well, Blumenauer predicts, "By the end of 2019, marijuana will be legal at the federal level, and states allowed to responsibly regulate its use. The federal government will not interfere in state efforts to responsibly regulate marijuana use within their borders."

All of this, though, starts with winning the House in November. As Blumenauer notes, with even Donald Trump having signaled support for a state-regulated approach to marijuana, "the only obstacle standing in our way is the Republican leadership in Congress."

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

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