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Chronicle AM: Feinstein Comes Around on Legalization, Synthetic Opioids Fuel ODs, More... (5/2/18)

Maine's legislature overrides a veto to pass a bill implementing legal marijuana sales, California's senior senator finally comes on board with legalization, Canada's legalization push faces some hiccups, and more.

Dianne Feinstein. California's senior senator finally hops on the marijuana train. (Wikimedia Commons)
Marijuana Policy

Dianne Feinstein Drops Opposition to Legal Marijuana. California's senior US senator, Democrat Dianne Feinstein, a longtime foe of marijuana legalization, has seen the light. In an interview Tuesday with McClatchy, she said she was now open to considering federal protection for state-legal marijuana. "Federal law enforcement agents should not arrest Californians who are adhering to California law," said Feinstein, who is facing a primary challenge from Kevin de Leon, who supports marijuana legalization.

Maine Legislature Overrides Governor's Veto of Marijuana Legalization Implementation Bill. Both the House and Senate voted Wednesday to override Gov. Paul LePage's (R) veto of LD 1719, the bill designed to allow the state's legal marijuana industry to get up and running. The bill would establish a system of licensed retail marijuana outlets to sell marijuana to adults. Recreational marijuana sales would be taxed at 20%, while medical marijuana patients would continue to pay a 5.5% tax.

Heroin and Prescription Opioids

Synthetic Opioids Fueling Rise in Overdose Deaths. Synthetic opioids such as fentanyl are now the most common drug involved in fatal drug overdoses, researchers from the Substance Abuse and Mental Health Services Administration (SAMHSA) reported Tuesday. Fatal overdoses involving synthetic opioids accounted for 14% of all overdose death in 2010, but 46% in 2016. Of more than 42,000 opioid-related overdose deaths, synthetics were implicated in more than 19,000, prescription opioids in more than 17,000, and heroin in more than 15,000. The numbers add up to more than 42,000 because many ODs involve multiple drugs.

Drug Testing

Trucking Industry Wants Hair Testing for Drivers. The Alliance for Driver Safety & Security, also known as the Trucking Alliance, has announced it will push for a new federal drug testing law to undergo drug testing to prove they have been free of opioids or other illegal drugs for at least 30 days. That means testing hair follicles, which allows drug use dating back weeks or months to be spotted. The industry complains that urinalysis drug testing isn't catching enough opioid addicts or "lifestyle" drug users.

International

Canada Prime Minister Leaves Door Open for Possible Legalization Delay. Faced with calls from two Senate committees to delay the marijuana legalization bill, Prime Minister Justin Trudeau left the door open for a possible slowdown in enacting the government's marijuana legalization bill. The Senate aboriginal peoples committee has called for a one-year delay for broader consultations with indigenous communities, and a separate committee has called for a delay to clarify what will happen to Canadians trying to enter the US. Trudeau didn't reply directly when asked about a possible delay, but said, "We'll continue to consult a broad range of Canadians, and as our parliamentary secretary Bill Blair says regularly, legalization is not an event, it's a process. And that process will continue," he said.

Colombia Coca Eradication Falls Far Short of Goal. The government will successfully eradicate only about 60% of the coca plantings it pledged to eradicate last year, President Juan Manuel Santos said Tuesday. And it will take longer than the government first announced. Colombia had vowed to eradicate 125,000 acres of coca planting by the end of last year, but Santos said it would only eradicate about 75,000 acres, and that would be by the of this month.

(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 web site. 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.)

Marijuana Will Be a $25 Billion Industry by 2025

This article was published in collaboration with AlterNet and first appeared here.

The American marijuana industry should hit $25 billion in sales by 2025, according to the latest estimate by the industry analytics firm New Frontier Data. That would put pot in the same league as such well-established industries as radio, video games, children's toys, and the market research industry.

The research firm released updated data on industry sales projections on Friday as a teaser for its "US Cannabis Report: 2018 Industry Outlook," due to be released next month.

New Frontier estimated the size of the industry this year at $8.3 billion and predicted that the recreational and medical marijuana industry will grow at a compounded annual rate of 14.7%, creating a $25 billion market within the next seven years.

Recreational marijuana will account for the bulk of the increase, New Frontier said. While medical marijuana sales are expected to increase at a compound annual rate of 11.8%, recreational sales are projected to go up by 18.4%. At those rates, by 2025, the recreational and medical marijuana markets will be the same size.

"Across the globe, we have seen massive expansion as more than 50 countries are legalizing or decriminalizing cannabis. However, the United States continues to lead the way in cannabis consumption in legal medical and adult use markets. With a number of states expected to advance cannabis legalization measures in the next 24 months, more Americans will be able to access legal cannabis in the years to come," Giadha Aguirre De Carcer, New Frontier Data's chief executive officer said in a statement.

Notably, the analysis is based only on growth in those states that have already legalized medical and/or recreational use and does not assume that any other states will do so. That means $25 billion is probably a low-ball figure, given that a number of other states are likely to legalize recreational use before 2025.

Buds have become big business, indeed, and are destined to get even bigger.

Seven Occupations That Don't Require You to Take a Drug Test to Get Hired [FEATURE]

Widespread workplace drug testing -- a uniquely American phenomenon -- has generated controversy ever since Ronald Reagan pushed hard for it back in the 1980s. On the one hand, opponents see it as an invasion of workers' privacy protections; on the other, advocates believe it is the best means of preventing injuries that might occur when a worker is intoxicated.

Although workplace drug testing was rare prior to Reagan, 56% of all employers now require pre-employment drug tests, according to Statistic Brain. Some of this is mandated by law: Truck drivers, airline pilots and some other public transport positions face federal drug-testing requirements. But much pre-employment drug testing and random, suspicionless drug testing is not required by law; it is instead the employers' choice.

High levels of drug testing are to be found in industries such as health care, heavy manufacturing and construction, where being impaired on the job can lead to loss of life or limb or endanger the health and well-being of others. But drug testing is also popular in industries with no such apparent risk, such as retail. Whether that guy at the camera counter at Walmart smoked a joint over the weekend probably has no discernible impact on public safety.

Speaking of smoking joints, marijuana is by far the most commonly used illicit drug (though it's now legal in nine states). Positive workplace drug tests for marijuana are on the rise, reflecting broader popular acceptance of the drug, which is also leading some companies to quit testing for pot. In a low unemployment economy, employers may be increasingly reluctant to lose potential workers over a positive test for marijuana.

And some potential workers are reluctant to seek employment at places that are going to subject them to drug testing. Fortunately for them, there are some economic sectors where facing a pre-employment or random at-work drug test is not a real risk -- in fact, it's a rarity. But most of these jobs require a university degree. Like so many things in America, drug testing is a class thing.

That said, if you want to work in a field where you don't have to worry about peeing in a bottle to get or keep a job, here, thanks to Insider Monkey, are some options.

1. Management Positions

These relatively well-paying professional gigs tend to have drug testing levels approaching absolute zero. On the high end, if you can call it that, were general managers (1.8%) and project managers (1.6%), but office managers, business managers, and retail managers all came in under 1%, with event managers besting them all at a minuscule 0.01%. Average pay for these positions ranged from the mid-40s for retail and office managers to more than $70,000 for project managers. Ironically, the administrative assistant position, which can be an excellent entry-level job for people seeking careers as managers, is more likely to be subject to drug testing than any managerial position. Still, it's only 1.9% of administrative assistants.

2. Personal Services

You're not going to get rich in these jobs, but you're not likely to get drug tested, either. Because of the transient nature of jobs in these careers or because many people in these fields are self-employed, gig economy workers just don't get that drug test scrutiny. Cosmetologists, hairstylists and fitness trainers all face testing less than 1% of the time, while pet groomers and massage therapists come in under 3%. These jobs have median pay ranging from around $25,000 to $30,000.

3. Information Technology

These are the fields that are stereotypically the domain of the nerdy stoner. You wouldn't expect employers in the industry to turn down a budding genius because he gets high at home, and you would be right. Only 3% of web designers and IT consultants face the empty cup, and fewer than 3% of Java developers and front-end developers do. While not quite as drug testing-free as cosmetologists or pet groomers, IT workers make a lot more money. On the low end, web designers are pulling in a median $48,000, while pay is around $70,000 for the other positions listed.

4. Marketing

Those bright, shiny people trying to make us buy stuff are also largely exempt from drug testing, especially on the bottom rungs. Only 0.3% of marketing assistants are subject to pre-employment drug screens, and only 3.8% of marketing coordinators. The former positions average $36,000 a year, while the latter average $41,500.

5. Real Estate, Insurance and Financial Services

These white-collar jobs are all unlikely to see drug testing requirements. Fewer than 3% of loan processors and insurance agents face the prospect of peeing in a cup to win a job, while a minuscule 0.5% of real estate agents do. Real estate agents are also the highest paid in this group, averaging $47,000, while both loan processors and insurance agents come in at under $40,000.

6. Bartender

People whose job it is to mix and sell legal psychoactive substances are very unlikely to be tested for illegal ones. With only 3.2% of employers demanding pre-employment drug tests, bartenders are the least likely of restaurant and bar workers to be tested. Chefs face testing at a rate of 6.2%, while 4% of hostesses are likely to face it. The median salary for bartenders is $29,240.

7. Creative White Collar

Neither graphic designers nor copywriters are likely to face a pre-employment drug test. A big reason is that many of these are freelance gigs: No boss = no drug test. But even when working for employers, drug testing is unlikely in these fields. Copywriters came in at 3.2%, while graphic designers were at 3.9%.

California's Marijuana Farmers Are Slow to Join the Legal, Regulated System

The vast majority of California's marijuana growers have yet to try to move into the state's new legal regulatory framework, leaving big questions looming around whether they can survive in the brave new world of legal weed, whether a substantial illicit market will remain, and whether that anticipated tax revenue windfall will actually materialize.

According to a report released Monday by the California Growers Association, representing mainly small-scale growers across the state, fewer than 1% of growers have been licensed so far. That's a measly 534 licensed growers out of an estimated 68,000 in the state.

The report, "An Emerging Crisis: Barriers To Entry In California Cannabis," identifies a number of obstacles for small producers and warns that those issues must be addressed if participation is to increase and a post-legalization law enforcement crackdown is to be avoided.

"Without broad participation, legalization will look a lot like prohibition," with many illicit growers, the report concludes. "The current system will not achieve its goals without fundamental and structural changes that allow small and independent businesses to enter into compliance."

Obstacles to participation include lack of access to the financial sector. the high costs of complying with regulatory and tax burdens, state regulations that seem perversely designed to weed out small competitors, slow-moving or sometimes hostile local governments, and a saturated market.

As one Sonoma County cultivator put it in the report:

The unintended consequence of making it so difficult at the local and state level to enter the regulated market is that 80-90% of those who were working with dispensaries prior to 1/1/2018 are being pushed to the black market. This is not only bad for the regulated market because so much high quality product is now flooding into the black market, but crime is increasing as a result as well.

I am truly heartbroken to see what the regulatory system has done to the artisan cultivators and manufacturers who were creating diverse, boutique products. These people who built this industry are not allowed to participate. I hope we can course correct this year.

State and local governments need to make course corrections now "or else a staggering number of businesses will fail, while staggeringly few enjoy significant growth," the report warned. "Many of the best growers -- the most dedicated and passionate artisans who can add tremendous value to the state marketplace -- are the ones being left behind."

It's unlikely all those pot farms are just going to dry up and blow away, though. The report notes that the state currently produces about 15 million pounds of marijuana each year, but that only 3 million pounds are consumed in-state. That means the vast majority of California-grown marijuana is already heading for out-state markets in prohibitionist states. Quick action to make California's legal markets more friendly to small producers may eventually entice more to fight their way into the regulated economy, but it's going to take the end of prohibition in the rest of the country to end California's black market marijuana exports.

Chronicle AM: Trump Opioid Commission Member Calls It a "Sham," Good MI Pot Poll, More... (1/23/18)

Trump renews the opioid crisis emergency even as an opioid commission member calls it "a sham," things are looking up for Michigan marijuana legalizers, the French parliament will take up drug decriminalization, and more.

Presidential opioid commission member Patrick Kennedy calls it "a sham" and "a charade." (nationalcouncil.org)
Marijuana Policy

Michigan Poll Has Strong Support for Legalization. A new Detroit News-Local 4 poll finds that 56.6% of respondents support a marijuana legalization initiative that is likely to be on the November ballot. The initiative from the Michigan Coalition to Regulate Marijuana Like Alcohol has already handed in signatures and is awaiting verification of signature validity by state officials.

Medical Marijuana

Congressional Budget Deal Retains Protections for State Legal Medical Marijuana. The short-term budget deal approved by Congress Monday retains the Rohrabacher-Blumenauer amendment, which bars the Justice Department from using its funds to go after medical marijuana patients and operations in states where it is legal. But the continuing budget resolution is only in effect until February 8.

Indiana Senate Panel Advances CBD Bill. The Senate Corrections and Criminal Law Committee voted 7-2 Tuesday to approve Senate Bill 52, which would legalize CBD cannabis oil containing less than 0.3% THC. The state already has a CBD law, but that law is limited to epilepsy patients who are registered with the state. This bill would open up CBD use to anyone with a medical conditions.

New Jersey Governor Orders Review of State's "Constrained" Medical Marijuana Program. Gov. Phil Murphy (D) Tuesday ordered a 60-day review of the state's medical marijuana program, which he called "constrained." He said he would consider allowing home deliveries, allowing purchases beyond the current two-ounce limit, and expanding the number of dispensaries, but he did not mention expanding the list of qualifying medical conditions.

Heroin and Prescription Opioids

Trump Administration Extends Opioid Emergency. The Trump administration has announced a 90-day extension of its declared opioid crisis emergency. The emergency was set to expire Tuesday. But the administration has done little to demonstrate it takes the crisis seriously. It has allocated no new funds, failed to launch a public awareness campaign, and has left key drug policy positions unfilled.

Trump's Opioid Commission is a "Sham," Member Says. Former Democratic Rep. Patrick Kennedy has called the commission "a sham" and "a charade" in an interview with CNN. "This and the administration's other efforts to address the epidemic are tantamount to reshuffling chairs on the Titanic," said Kennedy. "The emergency declaration has accomplished little because there's no funding behind it. You can't expect to stem the tide of a public health crisis that is claiming over 64,000 lives per year without putting your money where your mouth is."

Drug Testing

Nebraska Bill Would Require Drug Tests for Unemployment Benefits. State Sen. Joni Albrecht (R-Thurston) has filed Legislative Bill 712, which would allow some people seeking unemployment benefits to be drug tested. Failure to take or pass a drug test would make the person ineligible for benefits until he or she passes the drug test. Albrecht said she filed the bill on behalf of employers who want a drug-free work force. The bill got a hearing Monday, but no action was taken.

South Dakota Bill Would Require Drug Tests for Lawmakers. State Rep. Tim Goodwin (R-Rapid City) has filed a bill, House Bill 133, that would require all legislators to undergo drug tests within two weeks of being sworn into office. A positive drug test or a refusal would be reported to the presiding officer of the lawmaker's chamber for discipline. The move comes as the legislature ponders harsher penalties for meth offenses, and Goodwin said Tuesday that if lawmakers want to send people to prison for "a long period of time, we should all be clean ourself [sic]."

International

France Parliamentary Report Recommends Decriminalizing All Drug Use. A new parliamentary report is recommending a pair of options for modernizing the country's drug laws, including the decriminalization of drug use and possession. One proposal calls for fining drug possessors and charging them with a crime if they don't pay the fine. The other proposal calls for drug use and possession to be downgraded to a civil offense ("la contravention"), with fines, but no possibility of a criminal charge. Parliament will now have to decide which approach it wants to take.

Russian Presidential Candidate Calls for Marijuana Legalization. Presidential candidate and former reality TV star Ksenia Sobchak is calling for the legalization of marijuana. She said legalizing weed could help solve "the narcotics epidemic" in the country. "I myself don't use it, but I don't drink vodka by the bottle, either," she told state-run RIA Novosti news agency. "I don't really understand why drinking vodka in enormous quantities is considered normal in our country, but using marijuana is not, though it has far fewer consequences, even from the perspective of crime statistics," she added.

Chronicle AM: First Look at Ohio Legalization Initiative, HSBC Gets Off Probation, More... (12/12/17)

The folks behind Ohio's 2015 "monopoly" marijuana legalization are back with details on their proposed "free market" 2018 initiative, Denver gets its first marijuana social club application, the Justice Department ends its deferred prosecution agreement with HSBC bank over drug cartel money laundering, and more.

Marijuana Policy

First Look at Proposed Ohio Legalization Initiative. The two men behind Ohio's failed 2015 marijuana legalization "monopoly" initiative held a press conference Monday outlining their proposed 2018 initiative. Unlike the 2015 initiative, next year's version would be a "free market" approach, there would be a local option to ban pot businesses, public smoking of marijuana would not be allowed, businesses would have to stay 500 from schools and churches, and individuals would have the right to grow their own (although landlords could forbid tenants from doing so). Organizers said they plan to submit their initiative to state officials next month.

Denver Gets First Marijuana Social Club Application. A business that wants to allow on-site vaping and consumption of marijuana edibles has become the first to apply for a marijuana social club license. Denver residents voted to allow such businesses when they approved Initiative 300 last year. The Coffee Joint next faces a public hearing, but has already won the backing of its local neighborhood association.

Law Enforcement

Justice Department Closes File on HSBC Drug Money Laundering. The Department of Justice will end its deferred prosecution agreement with HSBC, Europe's largest bank, after five years, marking the end of its punishment of the bank for laundering hundreds of millions of dollars in Mexican drug cartel funds. DOJ hit HSBC with a $1.9 billion fine and imposed the five-year deal in 2012, demanding that HSBC strengthen its sanctions and anti-money laundering programs, which it has now apparently done. No one has faced criminal charges in the case.

International

Canada Federal Government, Provinces Reach Agreement on Marijuana Taxes. Canada's federal government and the provinces have agreed in principle on a two-year tax sharing agreement that would give provinces 75% of the eventual revenues. The federal Liberals have proposed a 10% excise tax on marijuana products and had originally proposed splitting the money 50-50, but have now retreated in the face of loudly-voiced provincial concerns that they would bear most of the burden of legalization-related costs.

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. 

Wine Country Fires Hit Northern California Marijuana Industry Hard

The wildfires raging through Northern California's Wine Country these past weeks have killed at least 41 people, left dozens missing, and thousands burned out of their homes. They have also put a significant hurt on the region's namesake wine industry, and its up-and-coming country cousin, the weed business.

As of this week, more than 5,000 structures had gone up in flames, including whole neighborhoods in Santa Rosa, a city of 175,000 about an hour north of San Francisco. Tens of thousands of people endured mandatory evacuations as smoke turned skies grey as far south as San Jose.

Vineyards and wineries along the Silverado Trail in Napa County and the Highway 12 corridor between Santa Rosa and Sonoma in Sonoma County have been destroyed or damaged. Wine Country towns like Kenwood and Glen Ellen have been hard hit.

Major tourist hotels like the Hilton Sonoma Wine Country and the Fountaingrove Inn in Santa Rosa have burned. At least one Silverado Trail winery, Signorello Estates, appears to have been destroyed, while damage reports are pending on others. Similarly, Sonoma County wineries including Chateau St. Jean, Kenwood, Kunde and B.R. Cohn, were endangered Tuesday.

"It looks like a bombing run," winemaker Joe Nielsen told the San Francisco Chronicle as he viewed what was left of Donelan Family Wines. "Just chimneys and burnt out cars and cooked trees."

The Wine Country devastation will have an impact not only on tourism, but also on the price of some fine reds. While 75% of the region's grapes have already been picked, premium merlot and cabernet sauvignon crops are mostly still on the vines. The number of wineries burned or threatened could cause shortages of these prized grapes for years, since California produces about 85% of American wine, and Napa and Sonoma counties produce the bulk of its premium wines.

The same temperature Mediterranean climate that makes the area so suitable for grape growing makes it ideal for pot farming, too, and Sonoma County's estimated 3,000 to 9,000 marijuana growers have been hard-hit, as well. While damage reports for the wine industry will take a while, pot people are already reporting losses in the tens of millions of dollars.

The marijuana harvest begins a bit later than the grape harvest, and when the fires reared up, thousands and thousands of outdoor marijuana plants were still in the ground. Now, some of those fields are little more than ash, including in neighboring Mendocino County, where the Redwood Valley fire is burning up pot crops, too.

This is shaping up to be "the worst year on record for California's growers," California Growers' Association head Hezekiah Allen told SFGate last week, adding that at least two dozen members had lost their entire farms.

"This is going to leave a deep scar," he said. "I had one conversation today where the family was in tears, saying, 'We don't know how we're going to make it to January, let alone next planting season.'"

Sonoma County Growers Alliance chair Tawnie Logan reported significant losses among her membership.

"We have a lot of people who have lost their farms in the last 36 hours, and their homes," she said last week, citing a $2 million greenhouse crop that went up in smoke on the first night of the fires. "There's no way for them to recover the millions in anticipated revenue they just lost," she said. "It's gone. It's ashes."

The San Francisco dispensary SPARC reported that while it had suffered "some pretty substantial damage" at its farm in Glen Ellen, it was preparing Tuesday to try to salvage some of its crop. The Sonoma County Cannabis Company also was also hit hard -- and working frantically to avoid a total wipeout.

"There are no words right now to describe the loss, the heart break and the trauma that our beloved home and community is going through," the company posted to its Instagram account. "We are trying to save what we can."

While the losses could put a dent in the county's multi-hundred million dollar pot industry, consumers are unlikely to notice any impact. The state already grows so much marijuana that downward pressures are already keeping prices low, and even the losses incurred in this week's fires aren't going to shake the market.

But unlike the wine industry, marijuana growers are unlikely to be able to obtain insurance to replace lost crops and facilities. Those pot farmers who took losses are going to be feeling the pain for a good while.

Chronicle AM: Las Vegas MJ Lounges Hit Snag, Utah MedMJ Init Polling Well, More... (9/20/17)

The Bay State's highest court just made it harder for cops to charge people with marijuana-impaired driving, Las Vegas-area county commissioners put a stop to talk of pot lounges anytime soon, Colombia's president speaks out against the drug war (again) at the United Nations, and more.

Don't hold your breathing waiting for marijuana lounges in Vegas. It could be awhile. (Wikipedia)
Marijuana Policy

Massachusetts Court Rules Drivers' Field Sobriety Tests Not Valid for Marijuana. The state's Supreme Judicial Court ruled Tuesday that the field sobriety tests used in drunk driving cases cannot be used as conclusive evidence that a driver was driving high. Police officers could testify as non-expert witnesses about how drivers performed in the field sobriety tests, but cannot tell juries if a driver passed or failed the test, nor provide their own opinions about whether a driver was too high to drive, the court held. The court noted that there is no reliable scientific measure for marijuana impairment, as there is with blood alcohol content.

Nevada's Clark County Says Not So Fast to Las Vegas Pot Lounges. Clark County commissioners are in no hurry to give an okay for marijuana social consumption clubs in Las Vegas. In a Tuesday meeting, they voted 6-1 to hold off on moving to allow and regulate such clubs. The move comes after attorneys for the state legislature issued an opinion saying there is no state law prohibiting the establishment of pot social clubs. Commissioners said they had regulatory concerns, as well as fears of "inviting the feds" to intervene.

Medical Marijuana

Utah Poll has Very Strong Support for Medical Marijuana Initiative. A proposed medical marijuana initiative from the Utah Patients Coalition has supermajority levels of support, according to a new UtahPolicy.com poll. The poll has support for the initiative at 74%, with only 22% opposed. More strikingly, it also has support among Mormon Church members at 63%, even the Mormon leadership has announced its opposition. The initiative push comes after the legislature has repeatedly refused to pass a medical marijuana bill.

Detroit Initiatives Qualify for November Ballot. Two local ballot measures that would open up business opportunities for medical marijuana in the city will go before voters in November. One measure would formally have the city join the state medical marijuana regulatory system and the other would amend the city's cannabis business zoning laws. The two measures overcame a challenge from the Detroit Elections Commission and have now been approved by the county election commission.

International

Colombian President Uses UN Speech to Call for New Approach to Drugs. President Juan Manuel Santos used the occasion of his final speech before the United Nations to repeat his call for a change in the way the world wages the war on drugs. Saying that under drug prohibition, "the remedy has been worse than the disease," he argued that the drug war "has not been won, nor is being won and we require new approaches and new strategies." Santos' remarks came just days after President Trump criticized Colombia for an increase in coca and cocaine production and threatened to decertify the country as cooperating with US drug war aims.

Chronicle AM: Orrin Hatch Punningly Files MedMJ Bill, DOJ #2 Speaks Out on Pot, More... (9/14/17)

What got into Orrin Hatch? Plus, Nevada could be the first state to allow pot lounges, the US Deputy AG says DOJ is still pondering marijuana policy, and more.

Marijuana Policy

Deputy Attorney General Says DOJ Still Reviewing Marijuana Policy. In an appearance at the conservative Heritage Foundation Thursday, Deputy Attorney General Rod Rosenstein said the department was still looking at its options on marijuana policy. "We are reviewing that policy. We haven't changed it, but we are reviewing it. We're looking at the states that have legalized or decriminalized marijuana, trying to evaluate what the impact is," he said in remarks reported by Tom Angell for Forbes. "And I think there is some pretty significant evidence that marijuana turns out to be more harmful than a lot of people anticipated, and it's more difficult to regulate than I think was contemplated ideally by some of those states," he said.

Maine Draft Legalization Bill Would Let Dispensaries, Caregivers Sell to Recreational Market. The bill legislators have drafted to rewrite the state's voter-approved pot legalization law includes a provision that would let the state's eight licensed medical marijuana dispensaries apply for a license to sell in the recreational market. But they would have to have separate entrances and sales counters for medical and recreational customers. State-certified caregivers could also apply for recreational sales licenses.

Nevada Regulators Clear Way for Pot Clubs and Lounges. The state Legislative Counsel Bureau said on Monday that state law does not prohibit counties or municipalities from allowing clubs or lounges where patrons can use marijuana. It's up to the localities, the bureau said. Doing so would allow tourists and visitors to have a place to indulge. While pot is legal in the state, it cannot be consumed in public, in casinos, or in hotel rooms, leaving visitors with no place to take advantage of the pot law.

Medical Marijuana

Orrin Hatch Files Medical Marijuana Research Bill, Makes Bad Weed Puns. Senator Orrin Hatch (R-UT) introduced the Marijuana Effective Drug Study Act of 2017, or MEDS Act, to improve the process for conducting scientific research on marijuana as a safe and effective medical treatment. In introducing this legislation, Senator Hatch was joined by Senator Schatz (D-HI) and cosponsors Senator Chris Coons (D-DE), Senator Cory Gardner (R-CO), and Senator Thom Tillis (R-NC). "It's high time to address research into medical marijuana," Hatch said. "Our country has experimented with a variety of state solutions without properly delving into the weeds on the effectiveness, safety, dosing, administration, and quality of medical marijuana. All the while, the federal government strains to enforce regulations that sometimes do more harm than good. To be blunt, we need to remove the administrative barriers preventing legitimate research into medical marijuana, which is why I've decided to roll out the MEDS Act. I urge my colleagues to join Senator Schatz and me in our joint effort to help thousands of Americans suffering from a wide-range of diseases and disorders. In a Washington at war with itself, I have high hopes that this bipartisan initiative can be a kumbaya moment for both parties." [Bolding done by Drug War Chronicle.]

Arizona Supreme Court Won't Let State Officials Use Federal Law to Get Around State Law. The high court on Tuesday declined to review a Court of Appeals ruling that federal law does not trump the state's voter-approved medical marijuana law. The lower court had ruled that even though marijuana remains illegal federally, federal law does not preempt the state from allowing patients to use it. The case had been filed by recalcitrant Maricopa County Bill Montgomery (R), who didn't want to heed the will of the voters.

Drug War Issues

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