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It's Full Speed Ahead for Pot Legalization in California Next Year [FEATURE]

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

On June 14, more than 200 people gathered at the Sebastopol Grange for a fundraiser and organizing meeting of  local pot growers, the Sonoma County Growers Association. They were being mentored by their northern neighbors from Humboldt, Mendocino, and Trinity counties, the Emerald Growers Association, which already has lobbyists in Sacramento and is in the middle of the effort to legalize weed in California next year. The Emerald Triangle is the largest marijuana growing area in the country's largest marijuana producing state.

Two days later, more than a hundred people met in a conference room at the Oakland Marriot City Center to plot the intricacies of producing a statewide marijuana legalization initiative. For several hours, attendees—dispensary operators and employees, small growers, not-so-small growers, patients, consumers, interested citizens, even a nun—offered their input on a rapid-fire but seemingly endless array of issues related to legalization and how it should occur:

Who can grow it? How much? Where? Who can grow it commercially? Should there be tiered licensing to ensure small operators have a chance? Who can sell it? Can cities and counties opt out? Who should regulate it? How should it be taxed and how much? Where should the revenues go? Should there be amnesties or expungements of records? Should employees be protected from being fired for smoking on their own time? Should there be protections from child welfare services or family courts? Does impaired driving need to be addressed? What about medical marijuana? Should existing businesses get a priority?

The complexities of knitting together a legalization initiative that will satisfy the community's already well-developed interest groups become apparent. But the process is nearing its end, and, it is hoped, a repeat of the movement infighting that accompanied 2010's failed Prop 19 effort can be avoided. 

The Bay area events are nothing unusual in California this year. Pot politics is in the air. There is a lot at stake for the existing medical marijuana system as the legislature tries again to agree on a statewide regulation scheme, but beyond that, there's the whole issue of outright legalization, and that's going to come to a head in the months leading up to November 2016.

That's because Californians are extremely likely to have a chance to vote directly to approve legalization then and quite likely to do so. Polls this year are coming in with support for legalization above 50%, although not enough above for anyone to think it's going to be a slam dunk. Four legalization initiatives are already at the state attorney general's office awaiting circulating titles and summaries, while a fifth, and the one most likely to actually qualify for the ballot, is set to drop sometime this summer.

Four states and the District of Columbia have already beaten California in the race to Promised Land of legal weed (much to the chagrin of California activists), but if and when the state goes green, that could be the death knell for pot prohibition. In one fell swoop, 15% of the entire country will have legalized it--and that's not even counting other states also likely to legalize it the same day, including Maine, Massachusetts, and Nevada. When the nation's most populous state does something, the rest of us take notice.

ReformCA activists are beating the bushes. (reformca.com)
Enforcing marijuana prohibition constitutes about half of all the resources--state, local, and federal--devoted to the war on drugs. When a state as large as California rejects pot prohibition, that begins to call into queston the entire drug war model, and the resources devoted to it. Legalizing in California will have ramification far beyond the state's borders. 

The initiative everyone is waiting on is from the California Coalition for Cannabis Policy Reform, the group that organized the Oakland meeting—and 13 others just like it among stakeholders in every corner of the state. The coalition, also known by its web address, ReformCA, is working with a number of state and national organizations to get a broadly-backed legalization initiative on the ballot.

ReformCA's state supporters include California NORML, the California Cannabis Industry Association, the Emerald Growers Association, the Greater Los Angeles Collective Alliance, Oaksterdam University, and the state chapter of the NAACP. Its national allies include such deep-pocketed groups as the Drug Policy Alliance (DPA) and the Marijuana Policy Project, as well as Americans for Safe Access, Students for Sensible Drug Policy, Law Enforcement Against Prohibition, and the United Food & Commercial Workers.

"We're definitely working in coalition with a lot of organizations, including criminal justice and public health organizations," said Amanda Reiman, DPA's manager for marijuana law and policy. "They agree that legalization is the right step; that we need to regulate it. There seems to be a fair amount of unity there."

The ReformCA public forums were a deliberate way to "hear from the marijuana base," said Reiman. "They have ideas, and those come back to the coalition, but that is only a small piece of the puzzle. We've also been meeting with people who don’t come at it from a consumer or industry perspective—medical, law enforcement, public health. They have an interest in this, too; we all have a vested interest in a sound regulatory structure."

North Bay cannabis defense attorney Omar Figueroa has a hand in a couple of other initiatives that have already been filed, the California Craft Cannabis Initiative and the Marijuana Control, Legalization, and Revenue Act of 2016. Based in Sonoma County, just south of the Emerald Triangle, he's attuned to the interests of small growers, and both initiatives reflect that.

Both have provisions for marijuana cultivation licensing schemes that would leave room for the area's traditionally family-sized operations, designated "craft growers" in one and "artisan cultivators" in the other. Small-scale operations would be able to buy cultivation license for far less than operations large enough to be designated "commercial."

Whether the initiative campaigns end up folding themselves into the ReformCA campaign remains to be seen.

"The craft cannabis initiative is there for discussion purposes; I'm releasing the meme into the wild," said Figueroa. "But the other one actually has some funding behind it. It'll probably end up unifying with what ReformCA comes up with—if it's palatable."

Figueroa has his druthers and he has his bottom line.

"I'd prefer that medical marijuana be untaxed or less taxed, and I'd prefer that regulation be done by a transparent elected body like a cannabis commission," he said. "And it would be nice if existing growers got priority licensing or some sort of head start, but at a minimum would be recognizing appellations. California has world famous cannabis appellations. No one's ever heard of Denver or Boulder bud; it doesn't have that branding that Humboldt or Mendocino does.

But in the end, he's looking for an initiative that is "create no new crimes and legalizes personal cultivation."

ReformCA and the other initiative proponents aren't even the only game in town when it comes to marijuana policy reform. Their efforts are going on parallel to the work of the Blue Ribbon Commission on Cannabis Policy, led by pro-legalization Lt. Gov. Gavin Newsom (D) and the ACLU of Northern California, which will issue a much-anticipated report on July 7.

While not explicitly pro-legalization itself, the commission was formed out of the expectation that legalization is coming and in an effort to and is identifying policy issues and solutions related to dealing with it. Its membership consists of policymakers, public health experts, and academics, and its report will include input from important groups not necessarily friendly to change, such as the California Police Chiefs Association.

Waiting for the commission report is one of two things slowing the completion of the ReformCA initiative, sound Dale Gieringer, longtime head of Cal NORML, as well as a spokesman for the coalition.

"The biggest one is whether the legislature will implement a comprehensive medical marijuana regulation system this year or not, and what it would look like," he said. "But it looks like they will pass Assembly Bill 266, which is basically a multi-agency approach. I think we now have a good idea of where the legislature is headed and a solution to the problem of regulation."

The other thing is the Blue Ribbon Commission report.  

"I suspect we'll see a draft shortly thereafter, but I can't guarantee that. It may take another four to six weeks of working out," Gieringer said. "Several drafts have been circulated, and we're waiting for something from the Drug Policy Alliance, with the advice of a bunch of other people who've been consulted. But nothing has been finalized."

The clock is ticking, but the only real hard deadline facing initiatives is, ironically enough, April 20. That's when signatures have to be in if they want to make the 2016 ballot.

Still, the sooner the better. Initiatives need 585,000 valid voter signatures to qualify for the ballot, which means they better have a minimum of 800,000 or even more to account for the inevitable disqualified signatures. It also means initiatives don't manage to get on the ballot without a paid signature-gathering campaign, and the less time they have, the more they have to pay. Budget $1 or $2 million just to get those signatures.

"We could file as late as November or December," said Gieringer. "It just costs more. If we were ready now or even next month, that would give us maximum time to do everything, but it looks like it's going to be a rush."

Funding will appear, supporters said, but they are going to need a lot. The 2010 Prop 19 initiative campaign raised and spent $5 million for advertising and get-out-the-vote efforts, and that wasn't enough. California is a huge and expensive series of media markets, and organizers are thinkng they will need to spend somewhere between $10 and $20 million to ensure victory. 

The traditional deep pocketed sources of drug reform funding—the Drug Policy Alliance and its PACs, the Marijuana Policy Project and its PACs, the Peter Lewis estate—have not yet committed serious money, but they are watching with great interest.

DPA's Reiman would say little about funding, except that "the money is out there, and we're just going to have to see. Right now, we're doing our due diligence."

"I'm confident we can get the money, there are large pledges sitting on the sidelines ready to get in once signature collection starts," Gieringer said. "And there are some promising leads, although the industry itself has been very disappointing. They're quick to suggest things to make it more profitable, but not so quick to put up the money."

One exception is Weedmaps, the dispensary-locater app. The Orange Count company announced in April that it had donated $1 million to a campaign committee called Californians for Sensible Reform, which will support what it thinks is the strongest legalization measure on the ballot. Weedmaps is also throwing another million bucks into a PAC of the same name that will spend it supporting weed-friendly candidates.

California is a large, complicated state. Even its marijuana movement is large and complicated, not to mention factoring in the interests of the much, much larger non-marijuana community. Whether all the moving parts can fit together in a measure that can win at the ballot box next year is an unanswered question, but Reiman sounds confident.

"Coming up with the details is where the difficulty is, and there's always something to disagree about, but we're coming at this with such strong support, we've got the Blue Ribbon Commission, that's more academic and political weight behind this than ever before," she said. C

CA
United States

Medical Marijuana Update

Massachusetts finally sees its first dispensary, the White House removes a barrier to marijuana research (although others remain), a Delaware kids' CBD cannabis oil becomes law, California stays busy, and more.

Global

Last week, the Dalai Lama endorsed medical marijuana. Speaking at a an event in Guanajuato, Mexico, the spiritual leader of Tibetan Buddhism said he supported the use of marijuana for medical purposes. Speaking in response to a question about legalizing marijuana, the Dalai clarified that he opposed its recreational use, but using it medicinally would be "the exception."

National

On Monday, the White House removed a crucial barrier to marijuana research. The Obama administration announced it is ending a major impediment to marijuana research, the Public Health Service review. That hurdle, created under the Clinton administration, required all applications for marijuana research to undergo an individual review, slowing down marijuana research and making it more difficult to study than heroin or cocaine. More hurdles remain, though.

On Wednesday, the US Senate Caucus on International Narcotics Control Took Up CBD. The caucus, generally composed of old school drug warriors, somewhat surprisingly examined issues around access to CBDs, focusing on barriers to research and potential medical benefits.

California

Last Thursday, a Santa Cruz County initiative to overturn a cultivation ban qualified for the ballot. Now, county supervisors must either repeal the ban themselves or give voters the opportunity to do so. The county's ordinance banned commercial grows and limited personal grows to 100 square feet. If supervisors don't act, it could be on a June 2016 election ballot, or supervisors could call a special election.

Also last Thursday, the San Diego Planning Commission okayed a sixth dispensary. The dispensary is set to operate in Mira Mesa. The first approved dispensary in the city opened in Otay Mesa in March. San Diego allows for up to four dispensaries in each city council district.

Last Friday, a judge in Santa Ana denied a request to freeze the dispensary permitting process despite accusations that the process was unfair. That means the city can go ahead with permitting up to 20 dispensaries.

On Monday, the medical marijuana organ transplant bill passed the legislature. The bill would bar health care providers from denying access to organ transplants based solely on the patient's medical marijuana use. Assembly Bill 258 now awaits the governor's signature.

Also on Monday, a Mendocino County initiative to create a marijuana commission failed to qualify for the ballot. Proponents needed 5,004 valid signatures to qualify, but only came up with 2,797 raw signatures.

On Tuesday, Redding officials signaled that they will extend a dispensary moratorium for another year. Zoning Board officials said they would vote Wednesday night to extend the moratorium.

Delaware

On Tuesday, the governor signed a CBD cannabis oil for kids bill into law. Gov. Jack Markell (D) signed into law Rylie's Law, named after a Delaware youth who suffered from epileptic seizures. The law will allow physicians to recommend the use of CBD cannabis oils for epileptic children who do not respond to other treatments. The oil will only be available at medical marijuana dispensaries, the first of which opens Friday.

Massachusetts

Last Friday, the state's first dispensary was approved to sell medical marijuana. The Alternatives Therapy Group in Salem is ready to start selling to patients after winning a temporary waiver from state testing guidelines widely viewed as too strict. The Department of Public Health has said it will reconsider the standards. The dispensary is one of four in the state that have started growing their own supply, and is the furthest along. It opened on Wednesday.

New Jersey

On Monday, a bill to allow sick kids to use CBC cannabis oil at school was filed. Assemblymembers Pamela Lampitt (D-Camden) and Lou Greenwald (D-Camden) filed a bill that would allow children to use CBD cannabis oil at school. The bill would require parents or a designated adult to come to the school and administer the oil. The measure is Assembly Bill 4587.

New York

On Monday, an early access medical marijuana bill passed the legislature. A bill that would allow early access to medical marijuana passed the Senate Monday night after already being approved in the Assembly. The move comes as a year has gone by since Gov. Andrew Cuomo (D) signed the Compassionate Use Act into law, but not one patient has yet to be able to legally obtain any. This bill would provide expedited access to seriously ill patients.

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

Chronicle AM: Federal OD Prevention Bill, OH Pols Gun for Marijuana Initiative, More (6/24/15)

Ohio politicians move to undercut a marijuana legalization initiative, South Florida heads toward marijuana decriminalization, Delaware's governor signs a kids' CBD cannabis oil bill, Louisiana's governor signs an overdose prevention bill, federal lawmakers file an overdose prevention bill, and more.

The 45th annual DC Smoke-In will take place on the 4th of July. (smoke-in.us)
Marijuana Policy

Ohio House Panel Approves Measure That Could Block Legalization Initiative. A House committee Tuesday approved a resolution that could block a marijuana legalization initiative that appears to be poised to make the ballot. If approved by the legislature, the resolution would place an initiative on the November ballot that would bar amending the constitution through ballot measures that provide direct economic benefits to a few people or create monopolies. That is precisely the model adapted by ResponsibleOhio, whose initiative would allow only 10 commercial grows linked to investors in the campaign. Legal questions that could be tested if both initiatives are approved by voters are whether the ResponsibleOhio initiative will be invalidated if the amendment reform resolution gets more votes; whether it will be invalidated if amendment reform passes but with fewer votes; or whether the legalization provisions might be "severable" under Ohio law, and take effect, with only the monopoly provisions being invalidated.

Florida's Palm Beach County to Explore Relaxing Pot Penalties. Palm Beach County officials Tuesday night agreed to explore decriminalizing the possession of small amounts of marijuana. Officials cited a clogged court system and the problems that arise for people after a marijuana arrest. Neighboring Miami-Dade County officials are pondering a similar move, and so is nearby Broward County.

DC Smoke-In Will Celebrate 45th Anniversary July 4. The 45th annual DC Smoke-In is set for the 4th of July, and organizers are calling on all smoke-in alumni to return to DC for the rally, march, and concert. You might be able to legally possess a joint in the nation's capital, but federal prohibition still obtains. Click on the link for event details and more.

Medical Marijuana

Delaware Governor Signs CBD Cannabis Oil for Kids Bill Into Law. Gov. Jack Markell (D) Tuesday signed into law Rylie's Law, named after a Delaware youth who suffered from epileptic seizures. The law will allow physicians to recommend the use of CBD cannabis oils for epileptic children who do not respond to other treatments. The oil will only be available at medical marijuana dispensaries, the first of which opens Friday.

Drug Policy

New York City Council Ponders Bill to Shift Drug Policy Toward Public Health and Safety. The council is considering a measure to create an Office of Drug Strategy, which would coordinate policy and program priorities across city agencies and in collaboration with community groups. If approved, it would be the first such office in the US. The idea is to shift away from punitive criminal justice approaches and toward a public health approach.

Harm Reduction

Federal Lawmakers Introduce Overdose Prevention Bill to Combat Heroin and Opioid Overdose Crisis. Sen. Jack Reed (D-RI) and Rep. Donna Edwards (D-MD) Wednesday introduced identical bills to support the expansion of overdose prevention services. Both bills would expand community-based overdose prevention programs that provide resources to those likely to witness an overdose and be in a position to help, such as first responders and family members. Resources include trainings on how to recognize the signs of an overdose, seek emergency medical help, and administer naloxone and other first aid. Both bills would provide federal funding for the purchase and distribution of naloxone by community and public health stakeholders to people at risk of experiencing or witnessing an overdose. They are not yet available on the congressional website.

Louisiana Governor Signs Overdose Reversal Drug Access Law. Gov. Bobby Jindal (R) Tuesday signed into law House Bill 10, which allows doctors to write prescriptions for naloxone, the opiate overdose reversal drug, for drug users, friends, and family members. Louisiana law already allows first responders to carry the drug.

Chronicle AM: Dalai Lama on MedMJ, OH Initiative Shenanigans, First MA Dispensary Will Open, More (6/22/05)

Ohio's political establishment gears up to block a controversial legalization initiative, the Dalai Lama supports medical marijuana, the Obama administration removes a barrier to marijuana research, Louisiana's governor rejects clemency for a man doing 13 years for two joints, and more.

The Dalai Lama is down with medical marijuana. (wikipedia.org)
Marijuana Policy

Ohio Official Says Proposed Amendment Could Block Marijuana Legalization Initiative. GOP Secretary of State Jon Husted said last Friday that an amendment to block private-interest monopolies would render the ResponsibleOhio legalization initiative invalid if the former passed. Husted and Republican lawmakers have vowed to adopt a resolution to place the monopoly amendment on the ballot. Husted said that if that amendment passes, the ResponsibleOhio initiative would be invalid, even if it also passed, and even if it passed with more votes than the monopoly amendment. The ResponsibleOhio initiative would limit commercial marijuana growing to ten specified locations, the owners of which are also the financiers of the initiative campaign.

Montana Anti-Marijuana Initiative Proposed. Billings anti-pot zealot Steve Zabawa is back at it. In 2014, he proposed an initiative saying that any federal Schedule I controlled substance (read: marijuana) "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana." It failed for lack of signatures. Now he has filed the same initiative again.

Medical Marijuana

Dalai Lama Endorses Medical Marijuana. Speaking at a an event in Guanajuato, Mexico, last week, the spiritual leader of Tibetan Buddhism said he supported the use of marijuana for medical purposes. Speaking in response to a question about legalizing marijuana, the Dalai clarified that he opposed its recreational use, but using it medicinally would be "the exception."

White House Removes Crucial Barrier to Marijuana Research. The Obama administration announced today it is ending a major impediment to marijuana research, the Public Health Service review. That hurdle, created under the Clinton administration, required all applications for marijuana research to undergo an individual review, slowing down marijuana research and making it more difficult to study than heroin or cocaine.

First Massachusetts Dispensary Approved to Sell Medical Marijuana; One Inspection Left. The Alternative Therapies Group in Salem is ready to start selling to patients after winning a temporary waiver from state testing guidelines widely viewed as too strict. The Department of Public Health has said it will reconsider the standards. The dispensary is one of four in the state that have started growing their own supply, and is the furthest along. It must still pass a final inspection before it opens its doors. Much more at the link.

Drug Testing

California Appeals Court Upholds Making Employer Pay for Emotional Distress from Random Workplace Drug Testing. The court upheld an award for the intentional infliction of emotional distress on two law office workers pressured into taking a random drug test by their employer. The employee handbook called for random drug testing for certain safety-sensitive categories, or after an accident or for probable cause, but the company compelled all employees to undergo drug testing on one day in 2011. The two plaintiffs were awarded $15,000 each in damages by the trial court, which is what the appeals court just upheld.

Law Enforcement

Philly Court Throws Out 58 Convictions Tied to Dirty Narcs. A Common Pleas Court judge last Friday reversed 58 convictions in cases linked to six former Philadelphia narcotics officers. The six were cleared of criminal corruption charges in federal court in May, but their misdeeds have tainted hundreds of cases. The Public Defender's Office is seeking reversals of 1,370 cases, and the city is facing 135 civil rights lawsuits based on the unit's behavior. Since 2013, prosecutors have refused to prosecute cases tied to the squad after numerous allegations they planted evidence, beat and robbed suspects, and falsified paperwork. Much more at the link.

Sentencing

Louisiana Governor Rejects Clemency for Black Man Doing 13 Years for Two Joints. Gov. Bobby Jindal (R) last week denied a clemency petition for Bernard Noble, sentenced to 13 years in prison for two joints under the state's draconian marijuana laws. Jindal said he rejected clemency because Noble had not yet served 10 years in prison.

International

China's Wide Open Illegal Drug Chemical Factories. It's pretty darned easy to get new synthetic drugs by the pound or more from Chinese manufacturers, according to this New York Times report. Need spice or flakka or bath salts? It's just a few clicks away.

Chronicle AM: Delaware Decriminalizes, Supremes Make Synthetic Convictions More Difficult, More (6/19/05)

The marijuana reform bandwagon rolls through Delaware, federal bills on opiates and racial profiling get filed, the Supreme Court issues an interesting decision on synthetic drug sales, and more.

The Supreme Court clarifies that criminal intent matters. (supremecourt.gov)
Marijuana Policy

Delaware Decriminalizes Marijuana Possession. With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults. The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor. Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.

Missouri Cannabis Conference Next Weekend. Missouri advocacy groups Show Me Cannabis and Missouri NORML are holding a joint conference beginning next Friday in Kansas City. Click on the title link for all the details.

Heroin and Opiates

Federal Bill to Deal With Opiate Use Filed. A bipartisan group of six House members Thursday filed HR 2805 as a multi-pronged effort to grapple with opiate and heroin use. Several other bills on the topic have already been filed. This one would increase prescription monitoring requirements, create an inter-agency task to develop best practices for pain management, create a grant program to increase the number of first responders carrying the opiate overdose reversal drug naloxone, and direct the drug czar's office to establish a public awareness program.

New Synthetic Drugs

Supreme Court Rules People Can't Be Convicted for Selling Synthetic Drugs If It's Not Clear They're Illegal. A unanimous US Supreme Court ruled Thursday that people cannot be convicted for selling synthetic drugs unless prosecutors prove they knew the drugs were prohibited by law. Stephen McFadden had been convicted of violating the Controlled Substance Analog Enforcement Act for selling "bath salts," and a federal appeals court ruled that trial court jury instructions saying he could be convicted if the jury found he intended the drugs for human consumption. But the Supreme Court disagreed, saying prosecutors must prove the defendant knew the substance was either a controlled substance or an analog. The case is McFadden v. United States.

Law Enforcement

Federal Racial Profiling Bill Introduced. Sen. Ben Cardin (D-MD) Thursday filed S 1610, which would eliminate racial profiling by police officers and promote accountability for state and local law enforcement. The bill also has provisions to eliminate sentencing disparities and promote reentry programs. It has not yet been assigned to a committee.

Delaware Decriminalizes Marijuana Possession

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

With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults.

Markell, who had earlier indicated support for such legislation, signed the bill the same day in passed the state Senate. It had passed the House earlier this month. In both chambers, it passed without a single Republican vote.

"The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most," a Markell spokeswoman said in a prepared statement.

The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor.

Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.

"We think this gives some protection to young people," said bill sponsor and Senate Judiciary Committee Chair Margaret Rose Henry. "We don't want to affect financial aid, we don't want to affect housing, we don't want to affect jobs... We just want people to be responsible, and this has some consequences if you're not responsible. People should do this in their own homes... It should not be done in cars. It should be done in the privacy of your own home."

"We commend Gov. Markell and the Delaware legislature for moving the state forward and leaving its antiquated marijuana possession law behind," said Robert Capecchi, deputy director of state policies for the Marijuana Policy Project, which has been working Dover for years. "Adults in Delaware will no longer be branded as criminals simply for consuming a substance that is undeniably less harmful than alcohol. Law enforcement officials will be able to spend more time addressing serious crimes instead of arresting and prosecuting adults for simple marijuana possession."

Illinois could be next. A decriminalization bill there has already passed out of the legislature and is on the desk of Gov. Bruce Rauner (R).

Dover, DE
United States

Chronicle AM: Denver Public Pot Use Effort, House GOP Eases Up on Needle Exchange Ban, More (6/18/05)

We're heavy on the marijuana news today, but there's also good news from Congress on needle exchange, and Peru's Shining Path wins a second bad-news designation from the US government.

Denver, the Mile High City. Soon, you may be able to smoke marijuana in a club there. (wikipedia.org)
Marijuana Policy

Delaware Senate Committee Approves Decriminalization. The state Senate Judiciary Committee Wednesday voted 4-2 to approve House Bill 39, which would replace criminal penalties and possible jail time for marijuana possession with a civil fine similar to a traffic ticket. The committee chair, Sen. Margaret Rose Henry (D-Wilmington), sponsored the bill. It has already passed the House, and Gov. Jack Markell (D) has said he is "hopeful" Delaware will decriminalize.

New Poll Has Strong New Jersey Majority for Legalization. A new Rutgers-Eagleton poll has support for legalizing, taxing, and regulating marijuana at 58% among Garden State residents. Click on the link for demographics and more detail.

Ohio Secretary of State Attacks ResponsibleOhio Signature-Gathering. Secretary of State John Hustad (R) said Wednesday that signature-gatherers hired by ResponsibleOhio may be responsible for fraud. He cited several irregularities, including registrants with non-existent addresses, signatures that are illegible or don't match the signature on file for the applicant in the voter's existing registration record, and multiple applications submitted on the same day for a single applicant at different locations. ResponsibleOhio denied those charges, saying it had fully complied with state election laws and that it had met earlier with Hustad, and he didn't bring up any problems with their signature-gathering. The group has gathered more than 500,000 signatures; it needs 305,000 valid voter signatures to qualify for the ballot.

Another Ohio Legalization Initiative Approved for Signature-Gathering. Two initiative campaigns have already bowed out this year, a third (ResponsibleOhio) appears poised to qualify for the ballot (but see item above), and now a fourth has been approved for signature-gathering. The latest is the Ohio Cannabis Control Amendment, proposed by Ohioans to End Prohibition. The group has only two weeks to qualify for this year's November ballot, but could continue to gather signatures beyond the July 1 deadline to try to get on next year's ballot. The group's web address -- www.legalizeohio2016.org -- suggest that next year is its real target.

Washington State Pot Workers Join UFCW. In a first for Washington, employees at the Cannabis Club Collective in Tacoma have voted unanimously to join the United Food and Commercial Workers Union (UFCW). This is the first union contract in the state's marijuana industry. The UFCW has organized medical marijuana workers in California.

Denver Activists Plan Local Initiative to Allow Limited Public Use. Some of the same people who led the statewide campaign to legalize marijuana in 2012 are now gearing up a plan to allow public use. They're talking about an initiative that would allow indoor vaping and outdoor smoking at bars and other spaces that want to do so. A public hearing on the proposal with Denver officials is going on right now.

Harm Reduction

Congressional Republicans Easing Opposition to Needle Exchange. Faced with rising heroin use in their home states and attendant public health implications from it, House Republicans are now easing their opposition to federal funding for needle exchange programs. The health spending bill now in the House would still bar federal funding to buy needles or syringes, but would allow federal block grant funds to states and localities to be used for the other costs of operating exchanges.

International

US Designates Peru's Shining Path as Narcotic "Kingpins." The remnants of the Maoist guerrilla group that plunged Peru into bloody civil war in the 1980s has been designated a Foreign Terrorist Organization since 1997, but this month, the US Treasury Department designated Shining Path as a significant foreign drug trafficking organization. Shining Path is accused of being involved in cocaine trafficking in south central Peru.

Chronicle AM: Putin Says "Nyet" to Legalization, KY Divvies Up Heroin Fight Dollars, More (6/17/05)

Marijuana's going to be legal in Oregon next month, and a new website will help explain things, the focus is on Gov. Cuomo now that an emergency access medical marijuana has passed the New York legislature, Vermont's top jailer comes out for decriminalization of drugs, and more.

Vladimir Putin says "nyet" to drug legalization. (kremlin.ru)
Marijuana Policy

With Legalization Looming, Oregon Regulators Launch Informational Website. The Oregon Liquor Control Commission has launched an educational website laying out what is and isn't allowed under the state's marijuana legalization law, which is set to go into effect July 1. Check it out at the link.

Medical Marijuana

New York Early Access Medical Marijuana Bill Heads to Governor's Desk. A bill that would allow early access to medical marijuana passed the Senate Monday night after already being approved in the Assembly. The move comes as a year has gone by since Gov. Andrew Cuomo (D) signed the Compassionate Use Act into law, but not one patient has yet to be able to legally obtain any. This bill would provide expedited access to seriously ill patients.

Heroin

Kentucky Legislators Ponder How to Spend $10 Million to Fight Heroin. Recently passed legislation allocated $10 million to fight heroin, and now legislators are trying to figure out where to put that money. Justice Secretary Michael Brown recommended spending it on jail treatment programs, mental health centers, transitional care for pregnant drug-using women, and faster prosecutions against heroin dealers. It will be up to the legislature to agree or not.

Drug Policy

Vermont Corrections Commissioner Calls for Drug Decriminalization. Vermont Department of Corrections Commissioner Andy Pallito has said that drug possession should be decriminalized and the war on drugs declared a failure. "Possession of drugs for personal utilization -- if somebody is not hurting anyone [else], that should not be a criminal justice matter," Pallito said. "I don't think anybody can say that putting somebody with an addiction problem through the corrections system is a good idea. We should go to the Portugal model, which is to deal with the addiction and not spend the money on the criminal justice system," Pallito said. "We spend so much money on corrections that could be done differently. The only way to do it is spend less on corrections and more on treatment." There's much more at the link.

International

Putin Opposes Drug Legalization. Russian President Vladimir Putin said Wednesday he opposed drug legalization. "Of course, we must take into consideration in our current work that a range of governments have begun a true campaign on the legalization of certain types of narcotics, or so-called recreational drugs. We, of course, are against such approaches and this point of view needs to be more actively moved forward on all international platforms," Putin said during a government council meeting.

Chronicle AM: MedMJ Doesn't Make Kids Smoke, SD Reservation Legalizes Weed, MI Pot Poll, More (6/16/05):

There's good polling news for Michigan pot legalization campaigners, a South Dakota Indian tribe legalizes weed, a new study refutes concerns that allowing medical marijuana leads to increased teen pot-smoking, and more.

tribal flag of the Flandreau Santee Sioux
Marijuana Policy

Michigan Poll Has Solid Majority Support for Legalization. A new poll from the Glengariff Group has support for marijuana legalization at 56%, with 36% opposed. The poll comes as two different groups are about to embark on signature-gathering campaigns to put an initiative on the 2016 ballot. Click on the link for more demographic data and discussion.

Flandreau Santee Sioux Become South Dakota's First Tribe to Embrace Marijuana. In a vote taken last week, the tribe's executive committee legalized the sale and use of marijuana on tribal land. The tribe has plans for a marijuana grow operation and for an establishment where people can buy and use pot. "Throughout Indian country, Flandreau's been trail-blazers,' Tribal President Anthony Reider said. 'We were with the casino, we were the second compacted tribe in the United States, the first and largest casino in between Atlantic City and Las Vegas, so it's something that's not new to us. We kind of like taking the forefront on issues."

Medical Marijuana

Study: Medical Marijuana Doesn't Lead to Increased Youth Use. A study published Tuesday in the British medical journal The Lancet finds that allowing for the legal use of medical marijuana has not led to an increase in the number of teens using it in the US. The study relied on 24 years' worth of data from the Monitoring the Future and found that while youth use levels were higher in some medical marijuana states, those higher levels of use had preceded the legalization of medical marijuana.

Georgia Unveils Online Registry for CBD Cannabis Oil Patients. The Department of Public Health today went live with its online registry for patients authorized to use low-THC CBD cannabis oil. Also today, the Georgia Commission on Medical Cannabis meets for the first time.

Methamphetamine

Meth Precursor Bill Passes New York Senate. A bill that would limit over-the-counter cold remedy sales to not more than 3.6 grams of pseudoephedrine per package and nine grams per person per month has passed the state senate. Senate Bill 627 would also require buyers to show photo ID and sign a logbook and requires retailers to electronically submit purchase information to state police before the sale is finalized, allowing state police to block sales in real time. The bill now goes to the Assembly.

Asset Forfeiture

Pennsylvania Civil Asset Forfeiture Reform Bill Filed. State Sen. Mike Folmer (R-Lebanon) has introduced Senate Bill 869, which would require a criminal conviction before property could be seized. Asset forfeiture has come under fire in the state, especially since the ACLU released a report earlier this year detailing abuses and revealing that cops had collected more than $100 million in seizures in the past decade.

Chronicle AM: OR Pot Sales Compromise, CO Employers Can Fire MedMJ Patients, More (6/15/05)

A legislative compromise would let Oregon counties where voters opposed legalization ban pot shops, the Colorado Supreme Court rules in favor of employers over medical marijuana patients, two big eastern cities are on the verge of shifting their drug enforcement policies, and more.

No pot shops like this for Eastern Oregon under a compromise being bruited by the legislature.
Marijuana Policy

Powerful Arizona Business Group Will Oppose Legalization Efforts. One of the state's most influential business groups, the Arizona Chamber of Commerce & Industry, has announced it will oppose looming legalization initiatives there. The group said it is worried about more workplace injuries and workers' compensation claims. "We arrived at our decision after careful consideration of the experiences of other states that have legalized marijuana, the arguments of proponents and research by our foundation. After looking at all the facts, we've determined that there is no upside to the legalization of recreational marijuana," said Chamber President and CEO Glenn Hamer. "The negative consequences that could result from legalization affect our business environment and the public's health."

Oregon Legislators Make It Easier to Ban Pot Sales in Eastern Counties. In a bid to get their legal marijuana regulation bill, House Bill 3400, back on track, leaders of the committee dealing with marijuana have agreed to new legislative language that would allow local governments to ban pot sales in counties where at least 55% of voters rejected the Measure 91 legalization initiative in 2014. All of those counties are in the sparsely populated and politically conservative eastern part of the state.

Medical Marijuana

Colorado Supreme Court Rules Employers Can Fire Medical Marijuana Patients for Off-Duty Use. The Court today affirmed lower court decisions allowing employers to fire employees for marijuana use while off-duty. The decision hinged on the state's lawful off-duty activities statute. The Court held that in order for the off-duty conduct to be considered "lawful," it must be legal under both state and federal law. The unanimous decision was not a surprise to advocates working to reform marijuana law and policy in Colorado. The case is Coats v. Dish Network. Coats is a quadriplegic who worked in customer service for Dish, but was fired after a random drug test turned up marijuana metabolites.

Law Enforcement

Washington, DC, Police to Shift Drug Enforcement Focus. DC Metro Police Chief Cathy Lanier has announced that the department will revise its drug war strategy by focusing on suppliers instead of street-level buyers and by putting undercover officers back in uniform. "Our main goal is the supply," Lanier said. "We don't want to focus police efforts on just people who are addicted. We want to be focusing on the people who are bringing the stuff in."

Boston Mayor Says City Could Offer Addicts Treatment Instead of Arrest. Mayor Marty Walsh (D) said that Boston could follow in the footsteps of nearby Gloucester and offer treatment instead of arrest to opiate users seeking help. Gloucester recently announced it had adopted that policy. "I commend Gloucester for what they're doing," Walsh said. "I think it's a great idea, a great pilot program, I'm looking forward to seeing how it works and taking that model and possibly using it here in Boston." The chance of the city adopting the program is "probably pretty good... I'm not sure when, but it's probably fairly good odds," he said.

International

>Costa Rican Ministry of Health Releases Criteria for Pending Medical Marijuana Bill.Earlier this month, the Costa Rican Ministry of Health outlined the details for the implementation of a pending bill to research and regulate marijuana for medical and industrial purposes. The bill was introduced by ruling Citizen Action Party legislator Marvin Atencio last year to tax marijuana products and regulate the use of medical marijuana through registration cards for patients provided by the Ministry of Health. Ten months after Atencios's proposal, the Ministry of Health released its criteria for the implementation of the bill. Among the conditions specified by the Ministry are that medical marijuana must be used as a last resort and that recreational use of marijuana will continue to be illegal. Medical marijuana will be distributed through conventional drug stores and will follow the same prescription rules outlined by the Costa Rican Social Security System. One of Atencio's proposals to issue marijuana identity cards was discarded by the Ministry under the argument that it would entail discrimination. Atencio responded by saying that the cards would protect medical marijuana patients in encounters with law enforcement. Other conditions included the implementation of educational campaigns for the general public on what is permissible under the new bill and an emphasis on an existing law prohibiting the monopolization of research on marijuana and hemp plants.

Drug War Issues

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