State & Local Legislatures

RSS Feed for this category

Chronicle AM: DE Decriminalizes Tomorrow, Drought Halves Afghan Opium Crop, More (12/17/15)

The Obama administration weighs in on Nebraska and Oklahoma's lawsuit against Colorado legalization, Delaware decrim goes into effect tomorrow, Hawaii released medical marijuana dispensary rules, drought is hurting Afghan poppy production, and more.

Afghan opium production is down 48% this year, thanks to drought conditions. (unodc.org)
Marijuana Policy

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law. In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems." Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause. They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce. But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction. The proper jurisdiction, the Solicitor General suggested, was federal district court.

Delaware Decriminalization Goes Into Effect Tomorrow. Beginning tomorrow, people caught possessing an ounce of pot or less will face a $100 civil fine instead of a criminal charge. Minors caught smoking pot in public will still face criminal sanctions.

Vermont Marijuana Legalization Bill Unveiled. A legalization bill to be introduced next month by Sens. Jeannette White (D-Windham) and Joe Benning (R-Caledonia) will allow Vermonters to possess up to one ounce and grow up to 100 square feet. Any harvest from personal grows in excess of an ounce must be kept in a secured location. The bill would also set up a system of regulated marijuana commerce, and it would for public consumption in lounges where customers could purchase and use marijuana.

Pittsburgh Decriminalization Wins Preliminary Vote. The city council voted 6-1 Wednesday to approve a bill decriminalizing marijuana possession. The bill would make possession of up to 30 grams a civil infraction with a $100 fine.

Medical Marijuana

Hawaii Health Department Issues Dispensary Rules. The Health Department Tuesday released detailed rules for dispensaries. The rules cover the application process, security, quality control, and auditing of records and operations for commercial grows and dispensaries. Earlier this year, the legislature and the governor approved opening up eight dispensaries.

International

Drought Forces Decline in Afghan Opium Production. For the first time since 2009, opium production has decreased in Afghanistan, the UN Office on Drugs and Crime said reported. The area under cultivation declined by 19% from last year -- an all-time high -- and production declined even more, by 48%. UNODC attributed the decline to drought conditions. "The low (overall) production can be attributed to a reduction in area under cultivation, but more importantly to a drop in opium yield per hectare," said the report, which was released last week. "The lack (of) sufficient water for irrigation... affected the decision of some farmers not to cultivate poppy."

Mexico City Mayor Proposes Legalizing Marijuana-Based Medicines. Mayor Miguel Angel Mancera is pushing a national initiative in the congress to allow the importation -- but not the production in Mexico -- of marijuana-based medications. He said if morphine-based medicines are legal, marijuana-based ones should be, too.

Medical Marijuana Update

The specter of state regulation is prompting California cities and counties to regulate or ban medical marijuana activities, including several more this week; Florida's already delayed medical marijuana program faces more delays, Chicago sees its first dispensary, and more.

National

On Tuesday, Congress agreed to continue blocking DEA interference with medical marijuana states. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

California

On Monday, the Dana Point city council voted unanimously to ban cultivation, sales and deliveries. The move comes as the county seeks to maintain regulatory authority by acting before March 1, when the California Medical Marijuana Regulation and Safety Act shifts control to the state if localities have not acted.

On Tuesday, Contra Costa County supervisors unanimously supported a cultivation and delivery ban for unincorporated areas of the county. Supervisors said it was to maintain local control ahead of the new medical marijuana law, but local activists say they don't trust local officials to regulate -- instead of ban -- such activities.

Also on Tuesday, Ventura County supervisors voted unanimously to formalize bans on commercial cultivation and sales ahead of the new state law. All 10 cities in the county also have similar bans, and the cities that don't have formal bans are working to enact them.

Florida

As of Monday, the state is being challenged over its medical marijuana grower licensing scheme. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

On Tuesday, the medical marijuana initiative campaign had 900,000 signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Georgia

Last Friday, the state's medical marijuana commission rejected in-state growing. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

On Monday a new poll found strong support for medical marijuana. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois

Last Wednesday, the first dispensary in the Second City opened for businesss. Chicago's first medical marijuana dispensary opened in Uptown. Dispensary 33 opened on North Clark Street. Some 150 patients are registered to use it.

Last Friday, the state told patients they couldn't be gun owners, then retreated. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

On Wednesday, the state said it will allow residents to petition to add more qualifying conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Michigan

Last Tuesday, there were fireworks at a Senate medical marijuana hearing. A hearing on a package of bills to regulate dispensaries grew heated as Marine Corp veteran Dakota Serna, who uses medical marijuana for PTSD, lashed out at changes in the bill that would tax patients and send some of the revenues to law enforcement. "This bill not only takes more money from them, it taxes their medicine -- you're going to give some of that medicine to the sheriff's department, the jackboots, the thugs that comes into people's homes and kick in the door," said Serna. That led to an angry exchange with Senate Judiciary Committee Chair Rick Jones (R-Grand Ledge), who then ordered Serna to leave the hearing. The National Patients' Rights Association, which had supported the bill, said it is withdrawing its support after the changes, which would treat medical marijuana much like the state treats alcohol.

Last Thursday, activists managed to kill those dispensary bills Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Missouri

Last Thursday,a medical marijuana initiative was approved for circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Utah

On Monday, a new poll had strong support for medical marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

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

Chronicle AM: Ireland to Allow SIF, Congress Renews DEA Funding Ban in MedMJ States, More (12/16/15)

Congress continues to block DEA harassment in medical marijuana states, Washington state could see a lot more pot shops, it looks like Florida will vote again on medical marijuana, Ireland is moving toward setting up a supervised injection site in Dublin, and more.

A supervised injection site is coming to Dublin next year. (vch.ca)
Marijuana Policy

Congress to Continue Blocking DEA Interference With Medical Marijuana States. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

Washington Could Allow Lots More Marijuana Stores. The Washington State Liquor and Cannabis Board (WSLCB) today heard a staff recommendation to increase the number of retail marijuana outlets from 334 to 556. The move is expected to be finalized in emergency rules to be announced January 6.

Medical Marijuana

Florida Medical Marijuana Initiative Already Has 900,000 Signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Illinois to Consider Adding New Qualifying Conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Methamphetamine

Indiana Legislators Compete Over How to Restrict Access to Cold Medications. Faced with a bill that would require a doctor's prescription to obtain cold medications containing pseudoephedrine, two lawmakers have come up with an alternative measure that would instead allow pharmacists to decide whether or not customers could buy the cold medications.

Drug Treatment

Most People in Treatment for Marijuana Are Sent There By Courts. A report this month from the US Department of Health and Human Services finds that between 2003 and 2013 52% of people in drug treatment for marijuana were referred by the criminal justice system. Only 18% were in treatment because they sought it themselves.

International

Irish Cabinet Approves Supervised Injection Site in Dublin. The cabinet has approved a pilot plan for a medically supervised injection facility in the nation's capital. The move came yesterday and was at the behest of Aodhan O'Riordain, the minister in charge of the National Drug Strategy. The country's drug law must first be amended to allow for such facilities, which should happen early next year.

Chronicle AM: Activists Block Bad MI MedMJ Bills, Jeb Bush Now Open to Decrim, More (12/14/15)

San Francisco prepares for marijuana legalization, a Kentucky state senator wants it there too, Ohio legalizers spent millions losing last month, a federal drug and mental health treatment bill passes the Senate, and more.

Marijuana Policy

Jeb Bush Now Supports Decriminalization, But Still Calls Pot a "Gateway Drug." GOP presidential contender Jeb Bush last Friday said he could live with decriminalization. "It's one thing to say we should have decriminalization of marijuana. I support that," he said in an interview with Joe Mathieu of Boston' WBZ NewsRadio. While that is an advance for the former Florida governor, he added that he rejected legalization and brought out the discredited gateway theory for support. "Marijuana is a gateway drug just as opiates are a gateway drug," Bush continued. "Of course it is, every study shows that."

Kentucky Senator Files Marijuana Legalization Bill. Sen. Perry Clark (D-Louisville) announced last Friday that he has pre-filed the Cannabis Freedom Act, which would repeal pot prohibition and replace it with a regulatory framework that would "promote public safety and responsible cannabis consumption by persons over 21 years of age." The bill will be considered during the 2016 legislative session, which starts January 5.

Michigan Supreme Court Okays Grand Rapids Decriminalization Ordinance. The state high court has rejected a challenge to the ordinance's legality from Kent County Prosecutor William Forsyth. The ordinance, approved by voters in 2012, makes possession or sharing marijuana a civil infraction, punishable only by fines. Forsyth had argued that the ordinance was an illegal restriction on his power to enforce state drug laws, but he lost in circuit court and the Court of Appeals. And he lost again, and finally, when the state Supreme Court refused to hear his appeal.

Ohio Legalizers Spent Nearly $22 Million in Failed Initiative Campaign. Ouch, that's gotta hurt! ResponsibleOhio and its deep-pocketed backers, who hoped to win monopolistic marijuana concessions, spent more than $21 million in their campaign, only to get trounced last month. The campaign spent $12 million between July and October and had burned through nearly another $10 million just getting on the ballot.

Eyeing Looming Legalization, San Francisco Creates Marijuana Task Force. Last week, the Board of Supervisors' Rules Committee voted to appoint 11 people to a task force aimed at helping to guide the city's policies in the face of seemingly inevitable marijuana legalization.

Medical Marijuana

Michigan Medical Marijuana Activists Stop Dispensary Bills. Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Utah Poll Has Strong Support for Medical Marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

Heroin

New Hampshire Attorney General Will Seek Murder Charges in Heroin Overdoses. Attorney General Joe Foster (D) says he plans to aggressively seek murder charges against dealers of drugs involved in overdose deaths. "The message to dealers is: If you sell this stuff here and we can (figure) the facts out, you will be going to jail for a very, very long time," Attorney General Joe Foster said. Overdose deaths are expected to top 400 in the state this. Foster also said he is seeking $115,000 for a new prosecutor for drug cases and exploring a federal grant to hire another drug prosecutor.

Drug Policy

Federal Synthetic Drugs Bill Filed. Rep. John Katko (R-NY) has filed HR 4229, which seeks to "address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substance Act" to make it easier to go after drug analogs. It also calls on the US Sentencing Commission to ensure that sentences for violations are "appropriately severe."

Drug Treatment

Comprehensive Justice and Mental Health Act Passes Senate. The act, S 993, sponsored by Sen. Al Franken (D-MN), passed the Senate last Thursday. It is aimed at facilitating collaboration among the criminal justice, juvenile justice, veterans treatment services, mental health treatment, and substance abuse systems. The bill now goes to the House.

International

Colombian Senate Approves Medical Marijuana. In a plenary session last Friday, the Colombian Senate approved a bill legalizing medical marijuana. President Santos had said he would do it through an executive order, but the Senate decided not to wait. The bill now moves to the Chamber of Deputies, where it will be debated early next year.

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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.)

Chronicle AM: Mexico Issues First Pot Permits, DOJ Wants More $$$ for Asset Forfeiture, More (12/11/15)

A legalization initiative dies in Florida, but another is born in Montana; the Justice Department proposes funding increases for asset forfeiture programs, Mexico issues the first permits allowing people to grow and possess marijuana, and more.

!Viva Mexico!
Marijuana Policy

Florida Legalization Initiative Gives Up. Marijuana legalization will not be on the Florida ballot next year. Regulate Florida, which was the group behind the campaign, conceded Wednesday that it would not be able to gather the 683,000 needed signatures by the February deadline. They may try again in 2018, the group said.

Montana Legalization Initiative Approved for Signature Gathering. Secretary of State Linda McCulloch (D) Thursday approved the language of Initiative 178, which would legalize pot for people 21 and over, subject to licensing requirements and state regulations. Petitioners need 24,175 valid voter signatures, including at least 5% of registered voters in each of the state's 343 House districts.

St. Petersburg Ponders Decriminalization. St. Petersburg city council members Thursday asked Pinellas County commissioners to decriminalize small-time pot possession. Council members said that if the county doesn't act, they will draft their own municipal decriminalization proposal. In the past year, local decriminalization has taken off in Florida, with Miami-Dade, Broward, and Palm Beach counties, as well as several municipalities in those counties, adopting similar ordinances.

Asset Forfeiture

Justice Department Wants Even More Money for Asset Forfeiture Programs. American law enforcement is seizing property from citizens at a record rate, but that's apparently not good enough for the Justice Department, which is seeking increased funding to support the asset forfeiture activities of the DEA and the Organized Crime Drug Enforcement Task Forces. The department wants $297.2 million to fund asset forfeiture in FY 2016, up $14 million over the previous year and up a whopping 146% since 2008. The entire federal drug control budget has increased by only 25% during that same period.

Drug Policy

Maine Legislature Caves in to Governor, Agrees to Hire More Drug Agents. Legislative leaders Wednesday unveiled a $4.8 million plan to fight the state's opiate use problem, with half of the funding going to law enforcement, including the hiring of 10 new state drug agents. Gov. Paul Le Page (R) had threatened to call in the National Guard today to fight drugs if the legislature didn't fund his demands. The other half of the money designated would go toward treatment, recovery, and education.

International

Mexico Issues First Permits to Grow and Use Marijuana. The Mexican government has awarded permits to four people that allow them to grow and possess marijuana for personal use. The move comes in the wake of last month's Supreme Court decision allowing the four to legally produce it for their own use. Both the court ruling and the permits were limited to the four people in the case, but could pave the way for similar court rulings across the country and, ultimately, pot legalization nationwide.

Danish Parliament Considers Medical Marijuana. The parliament today began debating a proposal to legalize marijuana for medical use. The bill is sponsored by Alternativet, but has the support of other parties as well. Alternativet, Dansk Folkeparti, Liberal Alliance, Socialistisk Folkeparti, and Radikale all support the bill. Together, they have 88 votes in parliament, precisely the number needed for the measure to pass.

Chronicle AM: Naloxone News in NC & NYC, DC Pot Social Club Fight, CO Pot Tourism, More (12/10/15)

Legal weed is drawing tourists to Colorado, DC activists fight for pot clubs, a federal appeals court rules that all students at a technical college can be subjected to drug testing, there's naloxone news from New York City and North Carolina, and more.

NCHRC reports 1,500 overdoses prevented with Naloxone in 2 1/2 years.
Marijuana Policy

Legal Marijuana is Boosting Colorado Tourism. Pot businesses have long claimed as much, and now they have some solid evidence. A Colorado Tourism Office study released Wednesday shows that the state's marijuana laws influenced nearly half (49%) of decisions to vacation in the state. Some 22% of survey respondents said marijuana was "extremely influential" in their decision to visit Colorado. Twenty percent said it was "very much influential" and nearly 7% said it was "somewhat influential."

DC Activists Fight Back Against Bill That Would Ban Pot Clubs. The city council is today hearing a bill that would make permanent a ban on businesses allowing patrons to smoke marijuana on premises, but that's not sitting well with the people who got weed legalized in the District. "It's unnecessary. The current law prohibits any venue from selling marijuana or promising marijuana in exchange for admission. But what they're doing with this bill is banning any kind of use of use outside the home. There's a big problem with that, because there are lots of people who have nowhere to use their cannabis," said Adam Eidinger, the man behind the District's successful 2014 legalization initiative. Eidinger is warning that if the council passes the bill, he could push more ballot initiatives, including one allowing marijuana to be treated like tobacco and one that would impose term limits on council members.

Illinois Lawmaker Files Decriminalization Bill. Rep. Kelly Cassidy (D-Chicago) announced today that she is filing House Bill 4357, which would make possession of up to 10 grams a civil offense punishable only by a fine. A similar bill passed earlier this year only to be vetoed by Gov. Bruce Rauner (R), who proposed amendments to it at the time of his veto. The new bill addresses those amendments.

Michigan Legalization Campaign to Extend Signature Gathering. MI Legalize is extending its signature gathering campaign and turning to paid circulators to qualify for next year's general election ballot. Under state law, petitioners have 180 days to gather signatures, but that is a clock that runs backward from the time signatures are actually turned in. The campaign's original turn-in date was December 21, but it will now go longer. That means early gathered signatures may not be counted. For example, if the campaign turned in signatures on January 21 instead of December 21, the first 30 days' worth of signatures would not be counted, but more recent signatures would.

Medical Marijuana

Georgia Medical Marijuana Commission Rejects Growing It In-State. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

Missouri Medical Marijuana Initiative Approved for Circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Drug Testing

Federal Appeals Court Rules Missouri College Can Drug Test All Students. The 8th US Circuit Court of Appeals in St. Louis ruled Monday that the Linn State Technical College can require all students to take drug tests. The appeals court decision overturns a federal judge's 2013 decision that the college could only drug test students in five particularly safety-sensitive programs. The school policy had been challenged by the ACLU of Missouri, which said such widespread, suspicionless drug testing violated the Fourth Amendment.

Harm Reduction

New York City Makes Overdose Reversal Drug Naloxone Available Without a Prescription. Mayor Bill de Blasio (D) announced Monday that the opioid overdose reversal drug naloxone (Narcan) will now be available without a prescription in pharmacies in the city. "The deaths are what we all struggle to avoid… but that's just the tip of the iceberg," de Blasio said during his announcement at a YMCA. "For every death, there are literally hundreds who struggle with addiction."

North Carolina Sees 1,500 Lives Saved With Overdose Reversal Drug Naloxone. In just under 2 ½ years, more than 1,500 overdose deaths have been prevented with the use of the overdose reversal drug naloxone (Narcan), the North Carolina Harm Reduction Coalition reported today.

Law Enforcement

Rep. Steven Cohen Rips Use of Student Snitches. In the wake of a 60 Minutes report last Sunday and earlier reporting by Reason, Rep. Steve Cohen (D-TN) ripped into the practice of using nonviolent, first-time drug offenders as confidential informants. "It's time for the Department of Justice to take a close look at how the behavior of confidential informants not only threatens to ruin young lives, but in some cases, end their lives," he said, adding that he intends to file reform legislation.

International

Scotland To Begin Ticketing, Not Prosecuting, People With Pot. Starting next month, Scottish police will issue warnings to people caught with marijuana rather than prosecuting them. The move is part of a broader effort to change how police deal with petty crime, freeing them up to deal with more serious offenses.

Chronicle AM: VT Legalization Bill Coming Soon, Second City Gets First Dispensary, More (12/9/15)

It's one of those all-marijuana news days. A Vermont legalization bill looms, Dallas could stop arresting small-time pot possessors, a Michigan medical marijuana hearing got testy, and more.

Marijuana Policy

Vermont Legalization Bill Coming Soon. The Senate Government Operations Committee is finishing up deliberations on a bill to legalize marijuana. Lawmakers are putting final touches on the bill and expect it to be done in time to go to the printer Friday. This bill and another legalization bill offered during the last legislative by Sen. David Zuckerman (P/D-Chittenden) will be taken up first by the Senate Judiciary Committee.

Dallas Could Move to Ticketing, Not Arresting, People for Pot Possession. Dallas's police chief has asked the city council to consider a "cite and release" policy for small-time marijuana possession busts. The council's Public Safety Committee voted Tuesday not to recommend the policy change, but the issue will go before the entire council shortly, though no date has been set. The policy change would apply to possession of less than four ounces. Dallas police arrest about 120 a month for small-time pot possession, and the chief says it's a waste of law enforcement resources to have to book and jail them.

Medical Marijuana

Fireworks at Michigan Senate Medical Marijuana Hearing. A hearing on a bill to provide protections for dispensaries grew heated Tuesday as Marine Corp veteran Dakota Serna, who uses medical marijuana for PTSD, lashed out at changes in the bill that would tax patients and send some of the revenues to law enforcement. "This bill not only takes more money from them, it taxes their medicine -- you're going to give some of that medicine to the sheriff's department, the jackboots, the thugs that comes into people's homes and kick in the door," said Serna. That led to an angry exchange with Senate Judiciary Committee Chair Rick Jones (R-Grand Ledge), who then ordered Serna to leave the hearing. The National Patients' Rights Association, which had supported the bill, said it is withdrawing its support after the changes, which would treat medical marijuana much like the state treats alcohol.

First Dispensary in the Second City is Now Open for Business. Chicago's first medical marijuana dispensary opened in Uptown today. Dispensary 33 opened on North Clark Street. Some 150 patients are registered to use it.

International

Health Canada Approves Cannabis Oil Sales. Health Canada has granted permission to Peace Naturals to sell cannabis oil under the country's federal medical marijuana program. Health Canada had decided this past summer to allow the manufacture of cannabis oils, but this is the first time a product has actually been approved.

Uruguay Grants First Two Licenses for Commercial Marijuana Production, Distribution. The country has granted licenses to two companies that will allow them to sell marijuana through government-licensed pharmacies next year. Each company will be allowed to grow up to two tons of finished buds.

Chronicle AM: Canada Still Legalizing Weed, GAO Rakes Drug Czar Over Drug War Failures, More (12/7/15)

Canada reiterates its intent to legalize pot, there's strong support for expanding medical marijuana in Georgia, the GAO reports that federal drug policy goals are not being met, and more.

Oh, Canada.
Marijuana Policy

Massachusetts Doctors Oppose Legalization. Doctors with the Massachusetts Medical Society voted over the weekend to reaffirm their opposition to marijuana legalization. The move comes as a legalization initiative appears poised to go before voters next year. The doctors voted to continue their opposition to legalization, a policy first adopted in 1997, and also urged that if legalization were to occur, people under 21 should be barred from use.

Medical Marijuana

Georgia Poll Finds Strong Support for Expanding Medical Marijuana Law. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois Tells Patients They Can't Be Gun Owners, Then Retreats. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

Drug Policy

GAO Says National Drug Policy Goals Not Being Met. In a report released today the Government Accountability Office (GAO) found that the Office of National Drug Control Policy (ONDCP -- the drug czar's office) and other agencies "had not made progress toward achieving most of the goals in the 2010 National Drug Control Strategy (the Strategy) and ONDCP had established a new mechanism to monitor and assess progress. In the Strategy, ONDCP established seven goals related to reducing illicit drug use and its consequences to be achieved by 2015. As of March 2013, GAO's analysis showed that of the five goals for which primary data on results were available, one showed progress and four showed no progress. GAO also reported that ONDCP established a new monitoring system intended to provide information on progress toward Strategy goals and help identify performance gaps and options for improvement. At that time, the system was still in its early stages, and GAO reported that it could help increase accountability for improving progress. In November 2015, ONDCP issued its annual Strategy and performance report, which assess progress toward all seven goals. The Strategy shows progress in achieving one goal, no progress on three goals, and mixed progress on the other three goals. Overall, none of the goals in the Strategy have been fully achieved."

Law Enforcement

The Sickening Use of Young People as Confidential Informants in the Drug War. "Supporters of the drug war often claim that we need to wage this unwinnable war to "protect" young people. 60 Minutes ran an explosive piece last night showing one of the many ways that the war on drugs actually endangers young people: the sickening use of young students as confidential informants," writes the Drug Policy Alliance's Tony Newman. Click on the link for the whole piece.

International

Canada's New Liberal Government Reiterates Vow to Legalize Marijuana. In the annual throne speech last Friday, Governor General David Johnson reiterated Prime Minister Justin Trudeau's plans to legalize marijuana. The effort should get moving once parliament is back in session.

Chilean President Removes Marijuana From Hard Drug List. President Michelle Bachelet has signed an order removing marijuana from the country's list of hard drugs and authorizing the sale of marijuana-derived medicines in pharmacies. Marijuana production and distribution remain criminal offenses, but the Congress is expected to discuss wider reforms of the drug laws early next year.

Medical Marijuana Update

A patient sues the Border Patrol over harassment at checkpoints, Minnesota expands its program to include chronic pain, a New Hampshire patient wins permission to seek medical marijuana next door in Maine, and more.

National

On Monday, a medical marijuana patient sued the Border Patrol over his right to carry medical marijuana. A New Mexico man filed a federal lawsuit Monday charging that Border Patrol agents are not following a new rule that allows him to carry medical marijuana without risk of federal charges. Raymundo Marrufo is seeking an injunction against the agency over questions it asks travelers at border checkpoints. Marrufo contends that the Rohrabacher Amendment, which bars the Justice Department from interfering in medical marijuana states, makes questioning travelers about medical marijuana illegal. "Whether it is a sense of entitlement, indifference or simply ignorance of the law, the court must immediately issue an injunction enjoining the United States Border Patrol from asking questions and conducting searches that violate that Rohrabacher Amendment," the complaint states.

Arizona

Last Friday, the state Supreme Court issued a mixed ruling on medical marijuana DUID. The state's high court ruled last Friday that medical marijuana cardholders don't have immunity from prosecution under the state's DUID law, but also held that cardholders can try to mount a defense showing that they did not have enough marijuana or pot metabolites in their system to actually be impaired.

California

On Monday, the city of Eureka began a temporary moratorium on commercial medical marijuana grows. The move is designed to ensure local decision-making when the state's new Medical Marijuana Regulation and Safety Act goes into effect on January 1. Localities that have not acted to regulate medical marijuana by then will lose control of regulation to the state.

On Tuesday, the Newport Beach city council gave final approval to a medical marijuana ban ordinance. The ordinance bans the cultivation, processing, distribution, and delivery of medical marijuana, but appears to have been enacted to ensure the city -- not the state -- is able to regulate medical marijuana when the state's new Medical Marijuana Regulation and Safety Act goes into effect on January 1.

Also on Tuesday, a state appeals court upheld Fresno County's ban on medical marijuana grows.. The 5th District Court of Appeals held that the local ban does not conflict with state laws allowing medical marijuana cultivation because those laws do not expressly bar a local government from restricting land uses.

Florida

Last Friday, the state approved five medical marijuana growers. The state Department of Health has named the five operations that will be allowed to grow high-CBD, low-THC marijuana. The state's law limits the use of oils derived from the plants to patients suffering from cancer or a disease that"chronically produces symptoms of seizures or severe and persistent muscle spasms that can be treated with low-THC cannabis."

Minnesota

On Wednesday, the state announced it would allow medical marijuana for people in chronic pain. State Health Commissioner Ed Ehringer announced today that people suffering from chronic pain will be allowed to participate in the state's medical marijuana program beginning next August. The public had backed broadening access, but a panel of medical experts had advised against it. "The relative scarcity of firm evidence made this a difficult decision," Commissioner Ehlinger said. "However, given the strong medical focus of Minnesota's medical cannabis program and the compelling testimony of hundreds of Minnesotans, it became clear that the right and compassionate choice was to add intractable pain to the program's list of qualifying conditions. This gives new options for clinicians and new hope for suffering patients."

New Hampshire

Last Tuesday, a New Hampshire woman won approval to seek medical marijuana in Maine. A woman suffering from late-stage lung cancer can seek to buy medical marijuana in neighboring Maine, a judge ruled last Tuesday. Linda Horan, 64, said she could be dead by the time dispensaries open in New Hampshire, so she sued the state to get an ID card that would allow her to purchase it in Maine. The state had argued that issuing her an ID card would undermine its need to control distribution, but the judge wasn't buying that argument. "She is suffering from a painful, terminal disease and is also undergoing chemotherapy. There is no dispute that cannabis can ameliorate some of her suffering," wrote Judge Richard McNamara. "She will suffer irreparable harm if relief is not granted."

North Dakota

On Monday, a medical marijuana initiative was approved for signature gathering. An initiative campaign led by North Dakotans for Compassionate Care has been approved for signature gathering. Organizers will need some 13,000 valid voter signatures to qualify for the November 2016 ballot.

Ohio

On Tuesday, a House medical marijuana task force was announced. House Speaker Cliff Rosenberger (R-Clarksville) said that the House is preparing to launch a task force to study the legalization of medical marijuana. The move comes a month after voters defeated a pot legalization initiative that would have also allowed for medical marijuana.

Pennsylvania

Last Wednesday, the medical marijuana bill won a committee vote. The House Rules Committee voted 25-8 last Wednesday to advance a medical marijuana bill. The bill has already passed the Senate, but still needs a House floor vote. Gov. Tom Wolf (D) has said he will sign the bill.

Wyoming

On Sunday, the state's medical marijuana initiative was faltering amid inflighting. The head of Wyoming NORML resigned and said he believes the effort to get a medical marijuana initiative on the ballot is over. Chris Christian said petitioners had gathered only about 5,000 of the 20,000 voter signatures required to make the ballot. NORML Deputy Director Lee Roth wasn't ready to call it quits, though; he said he hoped new leadership would bolster support.

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

Chronicle AM: USPS Warns Newspapers on Pot Ads, MX to Debate Cannabis Next Month, More (12/2/15)

The Postal Service has warned newspapers in the Pacific Northwest that carrying pot business ads could violate federal law, a New Mexico medical marijuana patient is suing the Border Patrol over access to his medicine, Minnesota has approved medical marijuana for chronic pain patients, and more.

Minnesota chronic pain patients will participate in the state's medical marijuana program beginning next August. (wikimedia.org)
Marijuana Policy

US Post Office Warns Pacific Northwest Newspapers About Carrying Pot Business Ads. In a memo last Friday, the USPS in Portland warned newspapers that they could be violating federal law by running advertising for marijuana businesses. The memo noted that is illegal "to place an ad in any publication with the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance." Newspapers in Oregon have contacted Rep. Earl Blumenauer (D-OR) and Sen. Ron Wyden (D-OR), both of whose offices said they had been in contact with USPS about "what appears to be an outdated interpretation" of the law.

Arizona Poll Has Voters Evenly Split on Legalization. There will likely be a legalization initiative on the ballot next year, and a new poll suggests it will be in for a fight. The Morrison-Cronkite Poll has the issue in a statistical dead heat, with 49% of voters in support and 51% opposed. The demographics favor the opposition, the pollster said. "Predictably, those 30 and younger (69%) and those age 31 to 55 (57%) are more likely to favor legalization than those 56 and older (36%)," said David Daugherty, associate director at Morrison Institute, who oversees the survey. "It is important to note, Republicans and older adults vote in larger numbers than either Democrats or young adults, which would, at least at this point in time, point toward likely defeat of the legalization of recreational marijuana."

Medical Marijuana

Patient Sues US Border Patrol Over Right to Carry Medical Marijuana. A New Mexico man filed a federal lawsuit Monday charging that Border Patrol agents are not following a new rule that allows him to carry medical marijuana without risk of federal charges. Raymundo Marrufo is seeking an injunction against the agency over questions it asks travelers at border checkpoints. Marrufo contends that the Rohrabacher Amendment, which bars the Justice Department from interfering in medical marijuana states, makes questioning travelers about medical marijuana illegal. "Whether it is a sense of entitlement, indifference or simply ignorance of the law, the court must immediately issue an injunction enjoining the United States Border Patrol from asking questions and conducting searches that violate that Rohrabacher Amendment," the complaint states.

Minnesota to Allow Medical Marijuana for Chronic Pain. State Health Commissioner Ed Ehringer announced today that people suffering from chronic pain will be allowed to participate in the state's medical marijuana program beginning next August. The public had backed broadening access, but a panel of medical experts had advised against it. "The relative scarcity of firm evidence made this a difficult decision," Commissioner Ehlinger said. "However, given the strong medical focus of Minnesota's medical cannabis program and the compelling testimony of hundreds of Minnesotans, it became clear that the right and compassionate choice was to add intractable pain to the program's list of qualifying conditions. This gives new options for clinicians and new hope for suffering patients."

Ohio House to Create Medical Marijuana Task Force. House Speaker Cliff Rosenberger (R-Clarksville) said Tuesday that the House is preparing to launch a task force to study the legalization of medical marijuana. The move comes a month after voters defeated a pot legalization initiative that would have also allowed for medical marijuana.

Wyoming Medical Marijuana Initiative Effort Falters Amid Infighting. The head of Wyoming NORML resigned on Sunday and said he believes the effort to get a medical marijuana initiative on the ballot is over. Chris Christian said petitioners had gathered only about 5,000 of the 20,000 voter signatures required to make the ballot. NORML Deputy Director Lee Roth wasn't ready to call it quits, though; he said he hoped new leadership would bolster support.

International

Mexico to Open National Debate on Marijuana Legalization Next Month. Interior Minister Miguel Angel Osorio Chong said Tuesday that the government will launch an informational website about marijuana with scientific and technical papers and will begin a series of public debates on marijuana policy in the third week in January. "To be effective, we must consider the different alternatives as well as the costs, benefits and viability of each of them and their impact on the population," he said. "Mexico will have to decide in the next months which policy it will need to face a phenomenon that affects different areas and aspects of the lives of millions of Mexicans."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School