Two Arizona appeals court panels have offered up clashing rulings this week on whether the smell of pot is still probable cause for a search, Michigan initiative fundraising reports tell an interesting story, changes in Washington state's medical marijuana program go into effect today, and more.
Arizona Appeals Court Upholds Search Based on Marijuana Odor. Whether the odor of marijuana is probable cause for a search or a search warrant now looks like an issue heading to the state Supreme Court. Just days after one appeals court panel ruled that the state's medical marijuana law means it is not grounds for a search warrant, a second panel has ruled that it is. In Thursday's case, the appeals court upheld the actions of police officers who searched a vehicle after they smelled burnt marijuana. The panel held that the medical marijuana law didn't make marijuana legal, but only provided immunity from prosecution to those who had medical marijuana ID cards. "The fact that a registered patient under the AMMA with a valid registry identification card can affirmatively claim immunity from arrest, prosecution or penalty for possession of use of marijuana .... does not eliminate the significance of the smell of marijuana as an indicator of criminal activity in this case," Judge Samuel Thumma wrote.
Grassroots Effort Leads in Fundraising Among Michigan Legalization Initiatives. Campaign finance reports reveal that the Michigan Cannabis Coalition (MCC), backed by wealthy Oakland County interests, has only $1,000 in the bank, while the grassroots MILegalize has raised $60,000, with more than $100,000 in matching funds pledged. MCC got a $21,000 donation from an Oakland county Republican political operative, but the same day, it sent a $20,000 check to signature-gathering firm. A third group, the Michigan Responsibility Council, which wants to create a cultivation monopoly like the one championed by ResponsibleOhio, appears to have gone quiet. Its website is defunct, it hasn't displayed any initiative language, and it will not reveal the identities of its leaders.
New Hampshire Poll Has Strong Support for Legalization. A new WMUR Granite State poll has support for legalization at 60% and support for decriminalization even higher at 72%. Support has climbed six points for legalization and nine points for decriminalization since the last WMUR Granite State poll in May. The state legislature has considered legalization, but has so far refused to pass it. Click on the link for more poll results and methodology.
CDC Warns of "Potential Danger" From Edibles. The Centers for Disease Control and Prevention (CDC) today released a report citing the case of a Wyoming college student who fell to his death after eating edibles in Colorado to warn of the "potential danger" with the products. "Although the decedent in this case was advised against eating multiple servings at one time," the CDC article says, "he reportedly consumed all five of the remaining servings of the THC-infused cookie within 30-60 minutes after the first serving." The CDC noted that the coroner in the case listed "marijuana intoxication" as a contributing factor in the death, which was classified as an accident.
Washington State Medical Marijuana Program Changes Now In Effect. Recently passed legislation designed to bring the program in line with the state's legalization system went into effect today. The Liquor Control Board is now the Liquor and Cannabis Control Board, PTSD and traumatic brain injury are now considered qualifying conditions, a voluntary patient database (which patients must join if they want the tax breaks for medical marijuana) is now in effect, the number of plants in a household is limited to 15 no matter how many patients live there, and doctors who write more than one medical marijuana authorization a day must report their totals to the Department of Health.
Salt Lake City Religious Freedom Rally Calls for End to Utah Ban on Sacramental Use. Protesters gathered at the state capital in Salt Lake City Thursday to advocate for the right to use peyote as part of their religious observances. The demonstration was organized by the Tahteya Topa (Four Winds) Native American Church of Utah, which is allowed under federal law to use the cactus for religious purposes. The Utah law bans anyone who is not at least one-quarter Indian from using it for religious purposes. "It's supposed to be 25% [Native American heritage], but what they're really doing is trying to kill a religion by saying you have to have a certain blood… Religion is not about race," said the church's David Hamblin.