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Chronicle AM: CA Eyeing Billion in MJ Taxes, SF Safe Injection Site Support, More... (12/2/16)

A battle over safe injection sites looms in San Francisco, California could score a billion bucks a year in marijuana taxes, kratom gets massive support during the DEA's public comment period on its proposed ban, and more.

San Francisco's top health official is down with safe injection sites, but the mayor isn't. (vch.ca)
Marijuana Policy

Legal Marijuana Could Generate a Billion Dollars a Year in California Marijuana Taxes. State analysts estimate legal marijuana tax revenues could provide a $1 billion a year boost in state and local tax revenues. In anticipation of dollars to come, the state Board of Equalization Tuesday approved a proposal to fund staffing to administer the state's legalization bureaucracy, saying it needs $20 million by 2021 to support a staff of 114.

Medical Marijuana

Arkansas Regulators Release Draft Medical Marijuana Rules. The state Department of Health Wednesday released proposed draft rules for the voter-approved medical marijuana program. The rules include provisions about labeling, obtaining medical marijuana registry cards, lab testing requirements, and the process for adding new qualifying conditions. The department said it hopes to present the draft rules to the Board of Health next month and then open them to public comment. The department has not completed draft rules for regulation of and applications for dispensary and cultivation licenses. The state is supposed to be ready to license growers and sellers by June 1.

Minnesota Will Allow Medical Marijuana For PTSD. The state Department of Health has decided to add post-traumatic stress disorder (PTSD) to the list of qualifying conditions for marijuana. It had been weighing requests to add PTSD, autism, arthritis, depression, and other conditions. "While the process of reviewing these potential additions was difficult due to the relative lack of published scientific evidence, PTSD presented the strongest case for potential benefits," Health Commissioner Dr. Ed Ehlinger said. "PTSD also has few effective treatment alternatives available for some patients with the condition," he added. The decision means that patients certified with PTSD will be eligible for medical cannabis starting August 2017.

Kratom

Kratom Comment Period is Over; Massive Response to DEA Ban Move. The time to comment on the DEA's proposed move to ban kratom has ended, but more than 22,000 comments came in before the deadline, overwhelmingly against restrictive scheduling of the Southeast Asian tree and the psychoactive chemicals it contains. Commenters noted its lack of lethality, its use as a pain reliever, and its utility in substituting for more dangerous opioids. Addiction specialist Dr. Jack Henningfield wrote a 127-page analysis that concluded that scheduling kratom "is not warranted from a public health perspective and is more likely to cause public health problems that do not presently exist." It should be regulated like a health supplement, Henningfield recommended.

Harm Reduction

San Francisco Health Chief Supports Safe Injection Sites. Barbara Garcia, director of the city's Department of Public Health, strongly endorsed safe injection sites, she told the Board of Supervisors Wednesday. "I think if we were going to open one, it would be very successful," she told the supes, but added that the city needed a half-dozen to make a real difference. That puts her at odds with Mayor Ed Lee, who has come out strongly against the harm reduction measure.

Chronicle AM: Obama Says Treat Weed Like Cigs or Booze, FDA Phase 3 MDMA Trials, More... (11/30/16)

On his way out of office, President Obama makes his most pro-legalization remarks yet, the FDA gives a green light for Phase 3 MDMA clinical trials, Bolivia ignores UN anti-drug treaties and signs an agreement to export coca to Ecuador, and more.

Ecstasy -- from party drug to prescription drug? (Creative Commons/Wikimedia)
Marijuana Policy

Obama Says Marijuana Should Be Treated Like Cigarettes and Alcohol. In a new interview with Rolling Stone, President Obama said marijuana should be treated as a public health matter and regulated like cigarettes and alcohol. "I am not somebody who believes that legalization is a panacea. But I do believe that treating this as a public-health issue, the same way we do with cigarettes or alcohol, is the much smarter way to deal with it." Obama added that: "In light of these referenda passing, including in California, I've already said... that it is untenable over the long term for the Justice Department or the DEA to be enforcing a patchwork of laws, where something that's legal in one state could get you a 20-year prison sentence in another. So this is a debate that is now ripe, much in the same way that we ended up making progress on same-sex marriage. There's something to this whole states being laboratories of democracy and an evolutionary approach. You now have about a fifth of the country where this is legal."

Kratom

Researchers Suggest Kratom Could Have Benefits as Opioid Alternative. A special report published Monday in The Journal of the American Osteopathic Association says a proposed DEA ban on kratom would stifle scientific understanding of the herb's chemical components and pharmaceutical properties. The researchers also say that both anecdotal evidence and scientific research suggest kratom may be safer and less addictive than opioids. "There's no question kratom compounds have complex and potential useful pharmacologic activities and they produce chemically different actions from opioids," said author Walter Prozialeck, chairman of the Department of Pharmacology at Midwestern University Chicago College of Osteopathic Medicine. "Kratom doesn't produce an intense euphoria and, even at very high doses, it doesn't depress respiration, which could make it safer for users."

MDMA

FDA Approves Phase 3 Clinical Trials of MDMA for PTSD. The Food and Drug Administration has given permission for large-scale Phase 3 clinical trials of MDMA to treat PTSD, the final step before possible approval of Ecstasy as a prescription drug. The move comes after the Multidisciplinary Association for Psychedelic Studies (MAPS) sponsored six Phase 2 studies with 130 PTSD patients. MAPS is also funding this current research.

Drug Testing

Michigan Pilot Welfare Drug Testing Program Comes Up With Squat. A pilot program to submit welfare recipients to drug abuse screening found only one person identified as needing a drug test out of 443 people screened -- and that person had his case closed before he submitted a drug test. The screening for drug abuse identified 27 people as possibly needing a drug test, but ten were already getting drug treatment, three had their cases closed for other reasons, and 14 others were cleared after screening. The tests themselves cost the state $700, but the main costs undoubtedly were from "increased staffing, administrative costs, administrative hearings, and program changes to the electronic benefits application system."

International

Bolivia to Ignore UN Ban, Begin Coca Exports to Ecuador. Bolivia and Ecuador have signed an agreement to export legal Bolivian coca products to the Ecuadorian market. The UN Single Convention on Narcotic Drugs bans the export of coca because it contains the cocaine alkaloid, but neither Bolivia nor Ecuador appear to care.

Chronicle AM: CA Legalization Results Begin, Anti-Sessions Protests Underway, More... (11/28/16)

Some California pot shops open their doors to all adults, some California defendants are starting to walk free, DC-based activists turn their ire on Trump attorney general nominee Jeff Sessions, Oklahoma (!) defelonizes drug possession, and more.

Trump's attorney general pick, Jeff Sessions, is the target of protests over his anti-marijuana positions. (senate.gov)
Marijuana Policy

DC-Based Marijuana Activists Hold First of Five Anti-Sessions Protests. Activists led by DCMJ, the folks behind the District's 2014 legalization initiative, Monday held the first of five protests planned in response to the nomination of Sen. Jeff Sessions (R-AL) to be attorney general in the incoming Trump administration. The "Smoke Sessions" protesters are demanding that "Senator Sessions evolve" on his anti-marijuana positions and that President-elect Trump makes "a clear and unequivocal statement that he supports the full legalization of cannabis in every state." It would be best if Trump came up with another nominee, said event organizer Adam Eidinger. "We’re saying, we don't want this guy, and if he is going to be the guy he's got to clarify his positions," Eidinger said. "But really, we don't want him. This is just an unacceptable pick."

Supreme Court Rejects Church's Appeal Over Marijuana Laws. The US Supreme Court has refused to hear an appeal from a Hawaii Native American church that sought an religious freedom exemption from federal marijuana laws. The Oklevueha Native American Church of Hawaii filed a Religious Freedom Restoration Act lawsuit in 2009, but lost in both trial court and on appeal. Now, it's lost again.

Some California Pot Shops Are Already Selling to Everyone. You don't need a medical marijuana card to buy pot in at least a handful of California dispensaries, even though adult non-medical pot sales won't be legal until 2018. At least three dispensaries are reportedly selling weed to all adult comers, including Mr. Nice Guy in downtown Los Angeles. "21 years and older may enter with no doctor's recommendation," the dispensary posted to its Weedmaps page. "However, those 21 and under are still required to have a rec."

California Marijuana Defendants Are Starting to Walk Free. California judges are now setting free scores of people whose pending cases are no longer cases at all since the passage of Prop 64 legalizing marijuana. Thousands more in jail or prison, or on probation or parole, are beginning to petition to reduce their sentences. And potentially tens of thousands of citizens with a rap sheet for pot can clear their names. Before November 8, illegally growing a single pot plant was a felony; now, it's no longer a crime. A dozen or so other marijuana offenses have either been deleted or downgraded as well.

Law Enforcement

Portland, Oregon, Prosecutors Now Require Field Drug Test Verification Before Accepting Guilty Pleas. In response to the Pro Publica investigative series "Busted," which detailed how people across the country are being jailed and accepting plea bargains for drug possession over faulty field drug tests that have been shown to regularly return false positive results, prosecutors in Portland say they will no longer accept guilty pleas for drug possession unless the field test results are confirmed by a lab test.

Oklahoma Quietly Passed Drug Defelonization on Election Day. Voters in the Sooner State passed a pair of measure on Election Day that reclassify drug possession offenses as misdemeanors instead of felonies. State Question 780 also defelonized some other crime, mainly property crimes. State Question 781 allows counties to use the money saved from not imprisoning drug offenders to fund community rehabilitation services. State Question 780 passed with 57% of the vote; so did Question 781.

International

Australia Greens Embrace Drug Decriminalization. This past weekend, the Australian Greens abandoned their blanket opposition to drug legalization and instead a embraced the principle that the legal approach to drugs should be based on evidence about their harms. Saying that the law and order approach to drugs has failed, the Greens now call for drug decriminalization.

Chronicle AM: Recovery Advocates Urge Funding Addiction Act, South Africa MMJ, More... (11/25/16)

Recovery advocates have organized a call-in to pressure Congress to fund the Comprehensive Addiction and Recovery Act, Minnesota may tighten up on opioid prescribing, South Africa advances on medical marijuana, and more.

Marijuana

Move Underway to Get Pot Deliveries in Washington State. Officials in Seattle are working on a draft bill to legalize marijuana delivery services. A similar effort failed in the last legislative session. "As Pete and the Mayor said last January, we support legislation allowing local jurisdictions to opt in to legal, regulated marijuana delivery," said Deputy City Attorney John Schochet, referring to City Attorney Pete Holmes. "We are actively working with the Mayor's office and stakeholders to craft legislation that would allow this."

Heroin and Prescription Opioids

Recovery Advocates Urge Calling Congress on Monday to Get $1 Billion to Address the Opioid Epidemic. The recovery community is urging its members and friends to call Congress Monday to urge it to come up with money to fund the Comprehensive Addiction and Recovery Act (CARA), which passed Congress this past summer. "We, the 95 member organizations of the Association of Recovery Community Organizations (ARCO) at Faces & Voices of Recovery, urge Congress to authorize $1 billion to fight the opiate addiction crisis. We are on the ground in urban and rural communities across the nation fighting this epidemic and we see first-hand the devastation addiction causes to individuals, their children and families, and communities. Our work brings hope to solving this crisis by helping people find and maintain long-term recovery and rebuild their lives." The CARA would increase access to naloxone, provide increased treatment resources for prisoners and bar the Education Department from asking about drug convictions on student loan forms. It would also "improve prescription drug monitoring programs," something drug reformers tend to be wary about due to their potential impact on the availability of pain medications to patients.

Minnesota Attorney General Recommends Opioid Prescribing Changes. Attorney General Lori Swanson Wednesday issued a report on the opioid problem calling for requiring doctors to check state prescription drug databases before issuing new prescriptions and limiting controlled substance prescriptions to 30 days instead of one year. She also called for increased access to the overdose reversal drug naloxone. "Growing addiction to prescription opioid painkillers is devastating families from all walks of life across all parts of our state,"Swanson said. "We need all hands on deck to push forward solutions, which must involve those in health care, the criminal justice system, patients, families, and policymakers."

International

Swiss Canton of Zurich Moves to Issue Own Medical Marijuana Cards. Swiss citizens can already use medical marijuana if they have authorization from federal health officials, but that process has proven complicated and over-bureaucratized, so the cantonal government in Zurich has approved Green Party-sponsored legislation that would let the canton issue cards itself. But now the canton must get approval for the scheme from the federal government, so stay tuned.

South Africa Takes Another Step Toward Okaying Medical Marijuana. The government's Medicines Control Council has told parliament that the Department of Health is moving ahead with plans to recognize marijuana as a medicine. The council said that it could be ready by February to start issuing permits to allow the cultivation and sale of medical marijuana. The proposed move would also reschedule marijuana from a banned drug to a prescription one.

Chronicle AM: Dutch to Address Coffee Shop Supply, Campaign Against Sessions as AG, More... (11/22/16)

Nashville blows off state attorney general and will continue marijuana decriminalization, time to give your senators your two cents worth on the Sessions nomination, the Dutch ruling party belatedly comes around on coffee shop supply, and more.

Dutch coffee shops may finally get a legal source of supply. (Creative Commons/Wikimedia)
Marijuana

Nashville Will Cite and Release Marijuana Offenders Despite State Attorney General's Opinion. The city of Nashville and surrounding Davidson County will continue to allow police to ticket and release small-time marijuana offenders, even though state Attorney General Herbert Slatery has issued an opinion contending that the local ordinance is invalid because it is preempted by state law. Metro Law Director Jon Cooper: "We have reviewed the Attorney General's opinion and understand his position. However, we believe we have a good faith legal argument that the ordinance is not preempted by state law," Cooper said in a statement Monday. "At this point, we do not believe a change in the police department's enforcement practice is warranted."

Medical Marijuana

Arkansas Lawmakers Eye Changes, Delays in Implementing Medical Marijuana. A week after voters approved a medical marijuana initiative, some legislators are acting to delay implementation, saying they need more time for rulemaking. Rep. Doug House (R-North Little Rock) said he is preparing a bill to do that. And Sen. Bart Hester (R-Bentonville) wants to add an additional tax to medical marijuana to help pay for $105 million in tax cuts he is proposing.

Drug Policy

Write Your Senator to Oppose the Sessions Nomination for Attorney General. Donald Trump's pick for Attorney General, Sen. Jeff Sessions, is one of the worst drug warriors in Congress. He almost single-handedly blocked mild sentencing reform bills that members of Congress from both parties supported. He opposes marijuana legalization and has even claimed that "good people don't use marijuana." Sen. Sessions was rejected for a judgeship by a Republican-controlled Senate because of racism and false prosecutions he brought against civil rights activists. He is not a likely leader for continuing the much-needed work that has begun on police reform; in fact he's more likely to worsen the divisions in our country, not improve them. Click on the link to tell your senator what you think.

International

Dutch Ruling Party Gets on Board With Cannabis Law Reforms. After 20 years of blocking any effort to decriminalize marijuana production, Prime Minister Mark Rutte's VVD party has had a change of heart. At a party conference last weekend, the VVD voted to support "smart regulation" of marijuana and "to redesign the entire domain surrounding soft drugs." The full text of the resolution, supported by 81% of party members, reads: "While the sale of cannabis is tolerated at the front door, stock acquisition is now illegal. The VVD wants to end this strange situation and regulate the policy on soft drugs in a smarter way. It's time to redesign the entire domain surrounding soft drugs. This redevelopment can only take place on a national level. Municipalities should stop experiments with cannabis cultivation as soon as possible." The opposition political parties are already in support of solving the long-lived "back door problem."

Global Commission on Drugs Calls for Decriminalization of All Drugs [FEATURE]

In a report released Monday, global leaders denounced harsh responses to drug use, such as the mass killing of drug users in the Philippines under President Rodrigo Duterte, and called for worldwide drug decriminalization.

The Global Commission on Drug Policy calls for drug decriminalization. (globalcommissionondrugs.org)
The report, Advancing Drug Policy Reform: A New Approach to Drug Decriminalization, is a product of the Global Commission on Drug Policy, a high-level panel that includes former UN Secretary-General Kofi Annan; former presidents of Brazil, Colombia, Mexico, and Switzerland; and British philanthropist Richard Branson, among others.

Since its inception in 2011, the Commission has consistently called for drug decriminalization, but this year's report goes a step further. Unlike existing decriminalization policies around the world, where drug users still face fines or administrative penalties, the report argues that no penalties at all should attach to simple drug possession.

"Only then," the report says, "can the societal destruction caused by drug prohibition be properly mitigated."

And the report breaks more new ground by calling for alternatives to punishment for other low-level players in the drug trade, including small dealers who sell to support their habits, drug mules, and people who grow drug crops. Many of those people, the report notes, engage in such activities out of "economic marginalization… a lack of other opportunities… or coercion," yet face severe sanctions ranging from the destruction of cash crops to imprisonment and even the death penalty.

Unlike people caught with drugs for personal use, however, the Commission envisions such low-level players being subjected to civil penalties, although not criminal ones.

"After years of denouncing the dramatic effects of prohibition and the criminalization of people that do no harm but use drugs on the society as a whole, it is time to highlight the benefits of well-designed and well-implemented people centered drug polices," said former Swiss President Ruth Dreifuss, Chair of the Commission. "These innovative policies cannot exist as long as we do not discuss, honestly, the major policy error made in the past, which is the criminalization of personal consumption or possession of illicit psychoactive substances in national laws."

"At the global, regional or local levels, drug policies are evolving," added César Gaviria, former president of Columbia and Global Commission member. "However, in order to build solid and effective policies to mitigate the harms of the last 60 years of wrong policies, and to prepare for a better future where drugs are controlled more effectively, we need to implement the full and non-discretionary decriminalization of personal use and possession of drugs."

The new report from the Global Commission on Drug Policy issues the following recommendations:

1. States must abolish the death penalty for all drug-related offenses.

2. States must end all penalties -- both criminal and civil -- for drug possession for personal use, and the cultivation of drugs for personal consumption.

3. States must implement alternatives to punishment for all low-level, nonviolent actors in the drug trade.

4. UN member states must remove the penalization of drug possession as a treaty obligation under the international drug control system.

5. States must eventually explore regulatory models for all illicit drugs and acknowledge this to be the next logical step in drug policy reform following decriminalization.

DC report launch Monday with Cesar Gaviria, Pavel Bem, Ruth Dreifuss, Michel Kazatchkine and Paul Volcker
"People who use drugs have paid a huge toll to the current drug control system; they faced alone and without any legal protection the ravages of HIV/AIDS, hepatitis, as well as many non-communicable diseases," said Professor Michel Kazatchkine, former Executive Director of the Global Fund on AIDS, tuberculosis and malaria. "Now we have the scientific and medical tools to provide all the services they need, but we mostly lack the political leadership to implement an enabling legal environment. This starts by the complete decriminalization of drugs."

The Global Commission on Drug Policy was established in 2010 by political leaders, cultural figures, and globally influential personalities from the financial and business sectors. The Commission currently comprises 23 members, including nine former heads of states and a former Secretary General of the United Nations. The high-level group's mission is to promote evidence-based drug policy reforms at international, national and regional levels, with an emphasis on public health, social integration and security, and with strict regard for human rights.

Chronicle AM: New England MJ Legalization Heats Up, Oakland Eyes Public MJ Bank, More... (11/16/16)

Last week's legalization victories are reverberating throughout New England, and the city of Oakland is moving toward a publicly-owned bank that could serve pot businesses.

Marijuana

Connecticut Governor Says He's Considering Marijuana Legalization. Gov. Dannel Malloy (D) has said that given last week's votes to legalize marijuana in nearby Maine and Massachusetts, he is reevaluating legalization in his own state. Malloy had previously supported decriminalization, but said that was far enough. But now: "We might have to reexamine our legal position, our position of enforcement, based on what some surrounding states are doing," said Malloy.

Slow Action on Certifying Legalization Vote Could Mean No Legal Weed in Maine Until January. The state's legalization initiative will not go into effect until 30 days after the state certifies and the governor proclaims the results. That could push legalization back until January 7 if the secretary of state's office and the governor take all the time allowed before acting. Legalization supporters had said pot should be legal there by Christmas.

Vermont Legislators Ready to Try to Pass Marijuana Legalization Again. A pair of key lawmakers said they are ready to try to get legalization through the legislature again, but incoming Republican Governor Phil Scott says don't bother. Still, Sen. Dick Sears, chairman of the Senate Judiciary Committee, said legalization votes in Maine and Massachusetts are forcing the state's hand. "For me, that's a game-changer, that Massachusetts has voted to legalize," Sears said. Sears' counterpart in the House, Judiciary Committee chairwoman Rep. Maxine Grad, is also ready to go, saying the Maine and Massachusetts votes will make lawmakers more amenable to moving forward.

City of Oakland Eyes Public Bank for Marijuana Industry. The city of Oakland has taken a first step toward opening a public bank in a move aimed at allowing marijuana businesses access to financial services. Councilwoman Rebecca Kaplan is leading the charge." Creating a local bank in the city of Oakland could benefit lots of local businesses," said Kaplan. "But, it's also a great match for the needs of our growing cannabis industry to have access to safe banking." The issue has already been before the city council and will be again on November 29.

Chronicle AM: ME Recount Possible, DEA Bans "Pink," WI Welfare Drug Tests Start, More... (11/14/16)

Cannabis cafes are coming, Maine legalization foes seek a recount, Massachusetts legislators are threatening to "improve" the legalization initiative, the DEA bans "pink," and more.

Philippines President Rodrigo Duterte wants to get rid of habeas corpus as he wages lethal drug war. (Creative Commons/Wikimedia
Marijuana

Marijuana Victories Will See Cannabis Cafes Coming. The victories for marijuana legalization initiatives in California, Maine, Massachusetts, and Nevada last week will set the stage for social marijuana consumption at licensed venues. Three of the states make provisions for social consumption, while the fourth leaves the issue for legislators. And in Denver, voters approved a local initiative that will allow local businesses to designate "consumption areas" for customers who bring their own weed.

Maine Legalization Foes Seek Recount After Narrow Defeat. Unofficially, the Question 1 legalization initiative won by a mere 5,000 votes out of about 750,000 cast, and that's too close a call for the "no" campaign to just accept. "No" spokesmen are threatening to seek a recount. They have until the end of work Wednesday to collect a hundred signatures in order to seek a recount from the secretary of state's office.

Massachusetts Legislators Turn Eyes on "Improving" Legalization Initiative. Senate President Stan Rosenberg said last Thursday said the Question 4 initiative will need "improvements" to address issues such as marijuana sales taxes, infused edible products, and driving while high. Rosenberg said the legislature could take up the issues shortly after returning in January. But the Question 4 campaign pushed back, saying that legislators should "respect the will of the voters," let regulators do their job crafting regulations, then see if anything needs fixing.

New Psychoactive Substances

DEA Bans Synthetic Opioid Known as "Pink." Using its emergency scheduling powers, the DEA has banned the synthetic opioid U-47700, commonly known as "pink." Effective today, the drug is now a Schedule I controlled substance. The drug has been linked to dozens of confirmed fatalities, and is now banned for 24 months while the DEA decides if it should be permanently placed in Schedule I.

Drug Testing

Wisconsin Welfare Drug Testing Starts Today. As of Monday, people seeking welfare benefits will be subject to drug testing. Republican Gov. Scott Walker painted the move as helping families and employers. "Employers across the state frequently tell me they have good-paying jobs available in high-demand fields, but need their workers to be drug-free," Walker said in a statement. "These important entitlement reforms will help more people find family-supporting jobs, moving them from government dependence to true independence."

International

Philippines President Threatens Drug War Suspension of Habeas Corpus. President Rodrigo Duterte said he is considering suspending habeas corpus because it's just too much work to build cases against individual drug suspects. And he doesn't worry about legality. "I am the president. Of course I have the powers," he said Friday. "I can be ordered by the Supreme Court to stop it, but there are things that they cannot, and maybe, I will not, stop I can go to jail. File all the charges that you can think of. But this country, in my time, will not deteriorate any further." The Philippines constitution says the president may suspend habeas corpus "in case of invasion or rebellion, when the public safety requires it."

Berlin Set to Move on Marijuana Liberalization. The city's governing coalition of Social Democrats, Greens, and the Left Party has agreed to push for partial decriminalization of marijuana. The move would require a waiver from federal authorities to allow experimenting with drug policies that contradict the Federal Intoxicants Law.

Marijuana Wins Big on Election Day, But Faces Uncertain Future Under Trump [FEATURE]

Donald Trump wasn't the only big winner on Tuesday. Marijuana law reform also had a stellar night, with medical marijuana winning in all four states it was on the ballot and marijuana legalization winning four out of five.

Pot legalization won in California (Prop 64), Maine (Question 1), Massachusetts (Question 4), and Nevada (Question 2), losing only in Arizona (Prop 205), where a deep-pocketed opposition led by a hostile sitting governor managed to blunt the reform thrust. Medical marijuana won overwhelmingly in Florida (Amendment 2), the first state in the South to embrace full-blown medical marijuana, as well as in Arkansas (Question 6), Montana (I-182), and North Dakota (Measure 5).

This week's election doubles the number of legal marijuana states from four to eight and brings the number of full-fledged medical marijuana states to 28. It also means some 50 million people just got pot-legal, more than tripling the number of people living in states that have freed the weed.

 "This is one of the most significant days in the history of marijuana prohibition and this movement," said Rob Kampia, long-time head of the Marijuana Policy Project (MPP), which was behind the legalization initiatives in Arizona, Maine, Massachusetts, and Nevada and which also backed the California initiative. "When four states legalize it, it's a big deal, and California is an even bigger deal. The next time we'll see a day as important as yesterday is when a president signs a bill to end federal marijuana prohibition."

A major question is whether Donald Trump might be that president. During the campaign, he suggested that he would follow President Obama's lead and not interfere with state-level marijuana legalization and regulation (roughly the same position as Hillary Clinton). But his political alliances leave some reformers less than sanguine about a Trump administration.

"Marijuana reform won big across America on Election Day - indeed it's safe to say that no other reform was approved by so many citizens on so many ballots this year," said Ethan Nadelmann, executive director of the Drug Policy Alliance, which was involved in the California campaign. "But the prospect of Donald Trump as our next president concerns me deeply. His most likely appointees to senior law enforcement positions - Rudy Giuliani and Chris Christie - are no friends of marijuana reform, nor is his vice president.

 "The momentum for ending marijuana prohibition took a great leap forward with the victories in California and elsewhere, but the federal government retains the power to hobble much of what we've accomplished," Nadelmann continued. "The progress we've made, and the values that underlie our struggle - freedom, compassion, reason and justice - will be very much at risk when Donald Trump enters the White House."

MPP's Kampia had a more optimistic take.

"The positions of Clinton and Trump were very similar," he said. "We have no reason to believe Trump would escalate the war on nonviolent marijuana users in states where it is legal. States will continue moving forward, and we will see a string of successes in the future, as well as being able to implement the laws passed yesterday."

That remains to be seen, as does the chance that a Republican Congress will move in a positive direction on marijuana. In a Wednesday tele-conference, marijuana reform stalwart Rep. Earl Blumenauer (D-OR), pointed to three areas where congressional action is needed: reforming the IRS's 280-E tax code provision that bars marijuana businesses from getting normal business tax breaks, reforming Treasury Department regulations that bar financial institutions from doing business with pot businesses, and removing barriers to research on marijuana's medical efficacy.

"I believe the next administration will follow the policy of the Obama administration," he said. "We had strong support for legalization in nine diverse states, with more support for these legalize, regulate, and tax policies than for either presidential candidate. The people have spoken, and that will make it easier for us in Congress to build bipartisan support for this legislation. There are now 28 states where there are state-legal businesses having to pay their taxes with shopping bags full of $20 bills. We have growing support in the House and Senate to stop this insanity," Blumenauer said.

"I believe we will see action within the next two years to stop this discrimination against state-legal marijuana businesses," he prophesied. "Now that the playing field has expanded dramatically, including that overwhelming vote in Florida, which will become the second largest state marijuana market in the country, there is even more incentive. Some representatives are ambivalent or even opposed to marijuana legalization, but will serve their constituents."

But, as DPA's Nadelmann noted, even if Congress is favorably disposed to move in a positive direction on marijuana, the Trump executive branch is likely to feature staunch foes of marijuana law reform. Will advisors and possible appointees such as Chris Christie, Rudy Giuliani, and Mike Pence push Trump to try to undo the spreading marijuana legalization movement? And will Trump listen if they do? We will know the answer to these questions only in the fullness of time.

In the meantime, voters in initiative and referendum states and legislators in states without the initiative process can work to create more facts on the ground, more legalization states. National public opinion polls—and this week's elections—show that marijuana legalization is a winning issue. And the more states that legalize it, the more ridiculous, or as Obama put it this week, "untenable," federal marijuana prohibition becomes. Even a Trump victory, with all the frightening prospects that brings, may not be able to stop the marijuana juggernaut. 

Chronicle AM: Obama Says Federal Pot Prohibition "Not Tenable" After Tuesday, More... (11/07/16)

Marijuana Policy 

President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.

 

Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.

Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.

Medical Marijuana

New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.

New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.

Asset Forfeiture

Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.

Law Enforcement

Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites. 

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