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Chronicle AM: Ohio Legalization Initiative Planned, Canada Regulation Faces Speed Bump, More... (12/11/17)

California is getting ready for the legal pot industry, some Ohio operators want another crack at a legalization initiative, Canadian Tories are threatening to retard the passage of the marijuana legalization bills there, and more.

Will Canada actually get marijuana legalized by July 1? Maybe. (Creative Commons)
Marijuana Policy

California Secretary of State Launches Online Portal for Cannabusinesses. Secretary of State Alex Padilla has launched on online portal aimed at helping would-be ganjapreneurs get in on the state's emerging $7 billion legal marijuana industry. Padilla's office won't start accepting registrations until January 1, but the portal, cannabizfile.sos.ca.gov, is up and online now.

Ohio Backers of Failed 2015 Legalization Initiative Will Try Again in 2018. One of the cofounders of ResponsibleOhio, whose 2015 legalization initiative fell short at the polls, is set to propose on Monday a "free market" marijuana legalization initiative. Jim Gould and Ian James, the two cofounders of ResponsibleOhio, unsuccessfully applied for one of the state's two dozen medical marijuana cultivation licenses. Their 2015 initiative would have limited commercial cultivation to 10 preselected sites owned by the campaign's funders.

Drug Policy

Florida Democrats Call for Reviving State Drug Czar Office. Several Democratic state legislators have filed legislation, House Bill 865, which would bring back the shuttered state Office of Drug Control. A similar measure has been filed in the state Senate. The lawmakers said the office is needed to coordinate state-level responses to the opioid crisis.

International

Canada Tories Could Throw Wrench in Marijuana Legalization Timeline. Conservative senators are threatening to hold up passage of the pair of bills that would legalize marijuana in the country. The Tories are saying that it could take months for them "to do our job properly." A delay in the much anticipated July 1 deadline for legalization could sow confusion among provincial governments, which are negotiating contracts with suppliers, as well as marijuana businesses that are ramping up production and signing leases for storefronts and warehouses.

Georgia Drug Reformers Hold Big Protests Against "Repressive" Drug Policies. The White Noise Movement, an NGO calling for drug reforms in the former Soviet republic, held massive protests in the county's three largest cities -- Tbilisi, Kutaisi, and Batumi -- on Sunday. The Sunday rallies marked the UN's global Human Rights Day and protestors rallied under the banner "End the Repressive Drug Policy." Demonstrators called on parliament to adopt a draft law that would end imprisonment for personal drug possession and consumption.

Chronicle AM: Sessions Meets With Anti-Marijuana Activists, MA Considers Cannabis Clubs, More... (12/8/17)

The attorney general hunkers down with marijuana foes, the federal ban on going after medical marijuana where it's legal gets a reprieve, Hawaii cops back away from their plan to seize patients' guns, and more.

Trying to fight multiple drug wars is keeping Jeff Sessions a busy man these days. (senate.gov)
Marijuana Policy

Sessions Meets With Anti-Marijuana Activists. US Attorney General Jeff Sessions met Friday with marijuana legalization foes to discuss marijuana and drug policy. Sessions declared that "this is not a healthy substance" and that "the public is not properly educated on some of the issues related to marijuana. At the meeting were Project SAM head Kevin Sabet, former drug czar's office staffer Dr. Bertha Madras, Drug Free Schools Coalition head David Evans, former NIDA head Robert DuPont, and, just for old times' sake, Reagan era Attorney General Ed Meese.

Massachusetts Lawmakers Consider Cannabis Clubs. A Cannabis Advisory Board subcommittee is calling for the creation of businesses that would allow the purchase and smoking of marijuana. The move would help out of state tourists, as well as residents who don't want to smoke pot at home, supporters said.

Medical Marijuana

Federal Medical Marijuana Protection Gets Two-Week Reprieve. The passage of a stop-gap spending bill Thursday means the Rohrabacher-Blumenauer amendment ban on spending federal funds to go after medical marijuana in states where it is legal remains in force for at least another two weeks. That's good as far as it goes, but it doesn't go nearly far enough, said Rep. Earl Blumenauer (D-OR) in a statement: "While we are pleased that these critical protections will continue, two weeks is not enough certainty for the millions of Americans who rely on medical marijuana for treatment and the businesses who serve them," Blumenauer said. "As Congress works out a long-term funding bill, it must also include these protections. And ultimately, Congress must act to put an end to the cycle of uncertainty and permanently protect state medical marijuana programs -- and adult use -- from federal interference."

Honolulu Police Chief Admits Department Erred in Trying to Take Guns from Patients. Chief Susan Ballard acknowledged to the Honolulu Police Commission Wednesday that the department's abortive move to make medical marijuana patients turn in their firearms "was incorrect." She said the department will return two guns to people who turned them in voluntarily, but she also said the department will continue to deny new gun permits to cardholders.

Nevada High Court OKs State's Medical-Marijuana Registry. The state Supreme Court ruled unanimously on Thursday that the state's medical marijuana registry does not violate constitutional provisions of due process, equal protection, and the right against self-incrimination. "We conclude Nevada's medical marijuana registry does not impinge upon a fundamental right," said the opinion written by Justice Ron Parraguirre. "We further conclude the registry is rationally related to the legitimate state interest of protecting the health, safety and welfare of the public."

Foreign Policy

US, Colombia Vow to Battle Record Surge in Coca Production. At a meeting in Cartagena, Colombia, on Thursday, Attorney General Jeff Sessions and his Colombian counterpart, chief prosecutor Nestor Martinez, vowed to redouble efforts to suppress coca planting and the cocaine trade. "We're gonna make progress," Sessions vowed. Colombia is seeing coca cultivation grow dramatically in the wake of a peace treaty between the government and leftist rebels of the FARC.

Looking Back: The Biggest Domestic Drug Policy Stories of the Past 20 Years [FEATURE]

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

Drug prohibition can't be separated from the larger struggle for racial and social justice. (Creative Commons)
5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015.

It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

Medical Marijuana Update

The US surgeon general has something to say about medical marijuana, Maryland sees its first medical marijuana sales, and more.

National

Last Friday, the surgeon general said marijuana should be treated like other drugs. Surgeon General Jerome Adams said that marijuana should be treated and studied like other pain relief drugs, but that he was opposed to recreational legalization. "Under medical marijuana, I believe it should be like any other drug," he said. "We need to let the FDA vet it, study it, vet it. The FDA has actually approved cannabidiol oil and some derivatives of marijuana, Marijuana is not one substance. It's actually over 100 different substances, some of which benefit, some of which are harmful."

Arkansas

Last Friday, state regulators set the timeline for licenses. The Arkansas Medical Marijuana Commission announced that medical marijuana cultivation licenses would be issued in about three months, and dispensary licenses would be issued three months after that. The date for announcing cultivation licenses is February 27; a firm date for dispensary licenses isn't set yet. The commission anticipates medical marijuana on dispensary shelves by the middle of next year.

Maryland

Last Friday, medical marijuana sales began. The first legal medical marijuana sale in the state took place last Friday, after years of delays. A handful of dispensaries have received shipments of medical marijuana, while others said they expected to come online soon. The state's first legal pot crop was grown this fall.

Michigan

On Tuesday, regulators released medical marijuana business regulations. The state Department of Licensing and Regulatory Affairs has released emergency rules governing medical marijuana facilities with just two weeks to go before the Bureau of Medical Marijuana Regulation begins taking applications. "The emergency administrative rules are designed to preserve patient protections and provide them with access to safe medical marihuana," said Bureau of Medical Marihuana Regulation Director Andrew Brisbo. "These rules also allow growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements."

Montana

Last Thursday, patients and providers criticized proposed new rules. In a hearing at the Department of Public Health and Human Services, patients and providers complained that proposed regulations would place significant cost and time burdens on them. Among provisions criticized were high licensing fees and requirements for extensive product-safety testing.

Ohio

Last Wednesday, the state licensed another dozen large medical marijuana grow ops. State regulators licensed a final 12 medical marijuana cultivators. They licensed another dozen cultivators earlier this year. Each of the large growers can grow up to 25,000 square feet. They now have nine months to get up and running, with sales set to begin in September.

Last Thursday, a licensing loser sued the state. One day after the state announced its choices for a second batch of commercial cultivation licenses for medical marijuana, one of the losers in the process has filed a lawsuit challenging the scoring process for applications. The state law allowing medical marijuana sets a September 8, 2018 deadline for sales to begin, the timetable is already tight, and any further delays could put that date in doubt.

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

Chronicle AM: North American Pot Sales to Top $10 Billion This Year, Report Says, More... (12/6/17)

There's more money in legal weed than even the analysts thought, BC will let 19-year-olds buy pot, Peruvian coca planting was up last year, and more.

A $10 billion year for legal marijuana, and this is just the beginning. (Creative Commons)
Marijuana Policy

Retail Pot Sales Will Hit $10 Billion This Year, Report Says. A new report from the Arcview Market Research group says North American marijuana sales are growing faster than expected and should hit the $10 billion mark this year. And next year could see even faster growth with both California and Canada set to become legal marketplaces next year. Arcview said it now expects the legal marijuana market to hit $24.5 billion by 2021.

International

British Columbia Lays Out Pot Rules, Will Allow Sales to 19-Year-Olds. BC became the latest Canadian province to roll out proposed rules for looming legal marijuana, announcing that it will allow sales through a mix of government and private stores and that it will allow people 19 and over to possess and purchase marijuana. The province has not yet finalized other issues, such as whether online sales will be allowed and whether existing shops would be able to apply for licenses. Those decisions are expected next month.

Paraguay Congress Approves Medical Marijuana Planting. The congress passed a bill Tuesday that creates a state-sponsored system to import marijuana seeds and grow crops for medicinal uses. The move comes half a year after the congress approved the importation of cannabis oil, but patients and advocates had complained about problems with access. The bill still needs to be signed into law, but that is expected given that the government supports the bill.

Peruvian Coca Planting Jumped Last Year. The area planted with coca grew by 9% in 2016, the UN Office on Drugs and Crime said Tuesday. Coca cultivation covered about 110,000 acres. Coca cultivation in Colombia, Peru's chief competitor, was at more than 360,000 acres, although that could be a blip related to producer incentives linked to the peace agreement between the FARC and the government.

Philippines President Orders National Police Back to Drug War Operations. President Rodrigo Duterte has ordered the National Police to rejoin anti-drug operations. He had pulled them off the brutal crackdown on drug users and sellers in October, weeks before he hosted a summit of world leaders, including US President Donald Trump. This is the second time Duterte has pulled the National Police from the job and then reinstated them; the first time was in January, amidst public outrage over the killing of a South Korean businessman. 

Chronicle AM: OR Magic Mushroom Init Coming in 2020, MI MedMJ Rules Set, More... (12/5/17)

A proposed Oregon initiative would legalize psilocbyin for medicinal use, Michigan regulators release emergency medical marijuana rules in the nick of time, Wisconsin takes another step toward drug testing welfare and job training participants, and more.

A proposed Oregon initiative would legalize psilocybin for medical use. (Creative Commons)
Medical Marijuana

Michigan Releases Medical Marijuana Business Rules. The state Department of Licensing and Regulatory Affairs has released emergency rules governing medical marijuana facilities with just two weeks to go before the Bureau of Medical Marijuana Regulation begins taking applications. "The emergency administrative rules are designed to preserve patient protections and provide them with access to safe medical marihuana," said Bureau of Medical Marihuana Regulation Director Andrew Brisbo. "These rules also allow growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements."

Psychedelics

Oregon 2020 Initiative Would Legalize Psilocybin Mushrooms. A husband and wife team calling themselves the Oregon Psilocybin Society are working on putting a psilocybin legalization initiative on the state's 2020 ballot. The measure doesn't call for legal recreational use, but would create a highly regulated system to allow use for medical purposes. Next door in California, a similar initiative aimed at 2018 would legalize magic mushrooms.

Drug Testing

Wisconsin Governor Approves Plan to Drug Test Welfare, Job Training Participants. Gov. Scott Walker (R) has approved a plan to implement drug screening for able-bodied adults participating in the FoodShare Employment and Training (FSET) program, sending the rule change measure to the State Legislature for review. The rule is part of the policy amendments included in 2015 Wisconsin Act 55. The legislature now has 120 days to review the measure. Once approved by the legislature, it will become effective the first day of the following month.

International

Leading Mexican Presidential Candidate Suggests Amnesty for Drug Cartel Kingpins. Leading presidential contender Andres Manuel Lopez Obrador has caused controversy by suggesting that he is open to amnesty for drug cartel leaders as part of a dialog aimed at ending that violence that has seen an estimated 200,000 people killed in the last decade. "If it is necessary… we will talk about granting amnesty so long as the victims and their families are willing," he said. "We'll propose it. I'm analyzing it. What I can say is that we will leave no issue without discussion if it has to do with peace and tranquility." Lopez Obrador currently has a more than 10-point lead in presidential polls, and his foes in the political and business classes are trying to use the remarks against him.

Chronicle AM: MD Sees First MedMJ Sale, PA Pays for False Drugged Driving Arrest, More... (12/4/17)

Lots of medical marijuana news today, plus Pennsylvania has to pay out for a bogus drugged driving arrest that saw a man jailed for five months, and more.

Medical marijuana sales started last Friday in Maryland. (Creative Commons)
US Surgeon General Says Medical Marijuana Should Be Treated Like Other Drugs. Surgeon General Jerome Adams said last Friday that marijuana should be treated and studied like other pain relief drugs, but that he was opposed to recreational legalization. "Under medical marijuana, I believe it should be like any other drug," he said. "We need to let the FDA vet it, study it, vet it. The FDA has actually approved cannabidiol oil and some derivatives of marijuana, Marijuana is not one substance. It's actually over 100 different substances, some of which benefit, some of which are harmful."

Arkansas Regulators Set Timeline. The Arkansas Medical Marijuana Commission announced last Friday that medical marijuana cultivation licenses would be issued in about three months, and dispensary licenses would be issued three months after that. The date for announcing cultivation licenses is February 27; a firm date for dispensary licenses isn't set yet. The commission anticipates medical marijuana on dispensary shelves by the middle of next year.

Maryland Medical Marijuana Sales Begin. The first legal medical marijuana sale in the state took place last Friday, after years of delays. A handful of dispensaries have received shipments of medical marijuana, while others said they expected to come online soon. The state's first legal pot crop was grown this fall.

Montana Medical Marijuana Providers, Patients Oppose New Regulations. At a hearing last Thursday at the Department of Public Health and Human Services, patients and providers complained that proposed regulations would place significant cost and time burdens on them. Among provisions criticized were high licensing fees and requirements for extensive product-safety testing.

Ohio Gets Sued Over Commercial Grower Application Process. One day after the state announced its choices for a second batch of commercial cultivation licenses for medical marijuana, one of the losers in the process has filed a lawsuit challenging the scoring process for applications. The state law allowing medical marijuana sets a September 8, 2018 deadline for sales to begin, the timetable is already tight, and any further delays could put that date in doubt.

Hemp

Wisconsin Governor Signs Hemp Bill. Gov. Scott Walker (R) last Thursday signed into law a bill that allows farmers in the state to grow hemp. Under the bill, hemp plants can't contain more than 0.3% THC, and no one with a drug conviction can be a hemp farmer.

Law Enforcement

Pennsylvania Pays $150,000 for Falsely Jailing Man as Suspected Drugged Driver. The State Police will pay $150,000 to a New York Hispanic man who was jailed for five months even though he passed Breathalyzer and field sobriety tests and subsequent blood testing showed no presence of alcohol or illegal drugs. Wilfredo Ramos sued for false imprisonment and false arrest. He lost his car, his job, and his apartment while sitting in the Lehigh County Jail for months even after test results came back.

International

Australia Federal Government Gives Up on Welfare Drug Testing Scheme. Federal Social Services Minister Christian Porter confirmed Monday that he was removing drug testing of welfare recipients from the government's welfare reform bill in the face of stiff opposition from experts and elected officials. Porter said he didn't want to sacrifice the entire welfare piece to controversy over the drug testing provision.

Swedish High Court Rejects Medical Necessity Defense for Growing Marijuana Plant. The Supreme Court has ruled against a man who grew marijuana to treat neuropathic pain from a motorcycle accident, as well as for anxiety and depression. The man had been acquitted of cultivation charges in August by a lower court, but an appellate court reinstated the conviction, and now the Supreme Court has echoed that decision. The court did suggest that the parliament could amend laws to allow for medical marijuana, and it went relatively lightly on the patient, fining him $616 and giving him no jail time.

Chronicle AM: MA Drops 6,000 More Tainted Drug Cases, German MJ Petition Scores, More... (12/1/17)

Washington state ponders allowing home marijuana cultivation, Michigan legalizers are drawing organized opposition, Ohio's medical marijuana program takes another step forward, and more.

The Michigan legalization initiative is getting organized opposition, including from medical marijuana interests.
Marijuana Policy

Michigan Legalization Initiative Drawing Organized Opposition. At least two groups are gearing up to fight the legalization initiative that now looks very likely to qualify for the November 2018 ballot. One group, Healthy and Productive Michigan, is led by a Republican-connected political consultant and claims to represent business, faith, and law enforcement groups opposed to legalization. The other group, the Committee to Keep Pot Out of Neighborhoods, appears to have a purely pecuniary interest: It is funded by the Michigan Responsibility Council, a group of businessmen who want to get into the medical marijuana business.

New Jersey Lawmaker Files Bill to Require Blood Samples of Suspected DUID Drivers. Assemblyman Anthony Bucco (R-Morris) has filed a bill that would require police officers to take blood samples from anyone arrested for drug-impaired driving. "This bill will be a useful tool for law enforcement in their efforts to prosecute and convict people who refuse to be tested and who are likely driving while impaired," Bucco said in a statement. "Driving under the influence of marijuana should be treated no differently than driving under the influence of alcohol." The move comes as a push for legalization is about to get underway in the legislature.

Washington State Regulators Release Report on Home Grow Issues. The state Liquor and Cannabis Board released a report Wednesday on the potential costs and challenges associated with allowing personal marijuana cultivation. Washington is the only legal marijuana state that does not allow for home cultivation. The report doesn't make any recommendations, but includes a list of concerns lawmakers will need to address if they do try to change the law.

Medical Marijuana

Ohio Licenses Another Dozen Large Medical Marijuana Grow Ops. State regulators licensed a final 12 medical marijuana cultivators Wednesday. They licensed a first dozen cultivators earlier this year. Each of the large growers can grow up to 25,000 square feet. They now have nine months to get up and running, with sales set to begin in September.

Heroin and Prescription Opioids

West Virginia Seeks Public Input on Opioid Policy. The state Department of Health and Human Resources Office of Drug Control Policy announced Thursday it had developed a plan to combat the opioid epidemic, but it is asking state residents to help develop the plan through public comment and recommendations through December 15. The office is also coordinating with a panel of public health experts from West Virginia University, Marshall University and Johns Hopkins University.

Law Enforcement

Massachusetts Prosecutors Drop Another 6,000 Tainted Drug Cases. Local prosecutors have dropped more than 6,000 drug cases tainted by former state public chemist Sonja Frank. The move comes months after prosecutors dropped another 21,000 cases tainted by another state public chemist, Annie Dookhan.

International

German Activist Petitions Will Force Bundestag Debate on Marijuana Legalization. A petition from the German Hemp Association has reached the required threshold of 50,000 signatures to trigger a debate in the Bundestag. That doesn't mean the Bundestag will legalize marijuana, but it does mean it will have to put the issue on its agenda.

. Scottish Parliamentarians Call for New Approaches to Stop Overdoses. Members of parliament from all five Scottish parties united to call on Scotland's Futures Forum, parliament's independent think tank, to come up with fresh policy solutions to stem a rising overdose toll. "Drugs and drugs policy is one of the biggest issues facing communities across Scotland," said Labor MP Neil Findlay. "None of the signatories to this letter has the answer but we are willing to say that whatever we are doing at the moment just isn't working."

Chronicle AM: Move to Save Farr-Rohracher, Canada Pot Jitters, More... (11/30/17)

Canadians are getting a bit nervous as marijuana legalization looms, members of Congress make a move to ensure that protection for medical marijuana states remains, Honolulu cops decide to review their no guns for patients policy after it gets some attention, and more.

Medical marijuana is at issue in Congress. (Wikimedia)
Medical Marijuana

Congressmembers Seek Extension of Protection for Medical Marijuana States. Led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA), 66 members of Congress have sent a letter to the House and Senate leadership urging them to extend the Rohrabacher-Farr provision in place for the last three years that blocks the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. The provision is set to expire December 8. It was included in the Senate version of the Justice funding bill, but not the House version, so it will be up to a conference committee to decide whether it remains.

Hawaii Cops Back Off on Telling Patients to Hand in Their Guns. The Honolulu Police policy of sending letters to registered medical marijuana patients telling them they must turn in their firearms is now under review by the department. While police said the letters have been going out all year, the practice only broke into the open last week, raising controversy. The department said it will continue to deny future gun permits to medical marijuana card holders, a practice upheld by the state court of appeals.

Minnesota Adds Autism and Apnea to List of Qualifying Conditions. The state Health Department announced Thursday that autism spectrum disorders and obstructive sleep apnea will be added to the list of qualifying conditions for the use of medical marijuana. The change will take effect in July. Petitioners had sought qualifying condition status for ten disorders, including anxiety, dementia, liver disease, and Parkinson's Disease, but only autism and apnea made the cut.

International

Poll: Canadians Split on Whether Country Will Be Ready for Legal Pot on July 1. A new Angus Reid poll finds Canadians almost evenly split on whether the country should delay the advent of marijuana legalization beyond its scheduled July 1 rollout. Some 53% say the timeline should remain the same, while 47% want it pushed back. The poll also found that more than half of Canadians aren't sure their province will be ready in time. The marijuana legalization bill has passed the House of Commons and is now before the Senate, which could try to delay it.

Medical Marijuana Update

Honolulu Police tell medical marijuana patients to turn in their guns, Elizabeth Warren presses Trump's HHS nominee on medical marijuana and opioids, Iowa licenses its first CBD manufacturer, and more.

National

On Tuesday, Elizabeth Warren sought marijuana answers from Trump's HHS nominee. Sen. Elizabeth Warren (D-MA) has sent a letter to Alex Azar, President Trump's nominee to lead the US Department of Health and Human Services (HHS) suggesting the administration study how marijuana legalization could reduce opioid addiction and overdose deaths. The letter also asks Azar to answer questions about what he would do to study marijuana as an alternative to opioids, whether he is committed to implementing evidence-based policies, and what steps he would take to "improve our knowledge of the potential therapeutic benefits of marijuana when used for medical purposes."

Florida

Last Wednesday, a lawsuit was filed over medical marijuana implementation. A Miami-Dade nursery and a man suffering from epilepsy have sued the administration of Gov. Rick Scott (R) over the slow implementation of the state's medical marijuana law. The nursery wants a judge to order the Health Department to hand out new licenses for treatment centers, while the patient said the department is blocking patients from getting access to their medicine.

Guam

Last Wednesday, medical marijuana regulations were being drafted. Hearings have been set for the legislature's Rules Committee early next month in a bid to get medical marijuana regulations in final form before Christmas. A public hearing is set for December 5, with the final draft to be marked up in committee on December 14.

Hawaii

Last Friday, Honolulu Police told medical marijuana patients to surrender their guns. The Honolulu Police Department has sent letters to medical marijuana patients in the area ordering them to "voluntarily surrender" their firearms because they use marijuana. The letters give patients 30 days to give their guns and ammo to the Honolulu Police. While federal law prohibits acknowledged marijuana users from owning firearms, this is believed to be the first instance of local law enforcement proactively seeking out patients and ordering them to surrender their weapons.

Indiana

On Monday, Ithe governor ordered stores to pull CBD products from their shelves. Gov. Eric Holcomb (R) has given stores 60 days to remove CBD cannabis oil products from their shelves after state Attorney General Curtis Hill (R) delivered an opinion that such substances are illegal under state and federal law. The only exception is for people with epilepsy who are on a state registry.

Iowa

On Tuesday, the state announced its first and only license for a medical marijuana manufacturer. The Department of Public Health announced it will issue a CBD manufacturing license to MedPharm Iowa. That is the first license to grow marijuana and create CBD products in the state and the only one that will be issued.

Michigan

Last Friday, the state announced new fees for medical marijuana businesses. The state Department of Licensing and Regulatory Affairs announced that medical marijuana businesses must pay a $6,000 one-time application fee to the state. That's in addition to any municipal fees, which could run as high as $5,000. The fee announcement comes as the state attempts to overhaul its medical marijuana regulations, with "emergency" regulations set to be issued next month.

On Monday, the Detroit city council moved to undo the will of voters on dispensaries. The city council is asking the city's legal department to challenge two voter-approved medical marijuana ordinances that ease rules on dispensaries in the city. The voters acted in November after the council passed an ordinance last March that made it more difficult for dispensaries to operate. The council approved a resolution on a 7-1 vote asking the legal department to challenge the results in court.

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

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