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Chronicle AM: Nationwide Majority for Pot Legalization, WV Welfare Drug Test Bill Dies, More (3/4/14)

The General Social Survey for the first time has a majority for pot legalization, DC cops start returning arrestees' marijuana, a Utah medical marijuana bill is still alive, Canada's Tories ponder decriminalization, Britain's Lib Dems talk drug policy reform, and more. 

The "gold standard" of public opinion polls has a majority for marijuana legalization nationwide. (wikimedia.org)
Marijuana Policy

"Gold Standard" of Polls Finds Majority Support for Legalization Nationwide. For the first time, the General Social Survey, considered to be the gold standard for public opinion polls, has a majority of Americans favoring legalization. The survey, conducted between March and October of last year, has 52% saying pot should be legalized, with 42% opposed, and 7% undecided. Support for legalization is up nine points over the last General Social Survey, conducted two years ago. As recently as 1996, only 32% supported legalization.

DC Police Return Arrestee's Marijuana. This is what happens when pot is legal. A man who had been arrested and released at the 6th District police station in Northeast DC demanded that police return his marijuana. "You have my marijuana, you have my weed," witnesses reported the man saying. The cops gave it back. "This property was less than two ounces of marijuana, and was returned to the arrestee with the other property held at the time of his arrest," explained Gwendolyn Crump, the DC police department’s chief spokeswoman.

Georgia Legalization Bill Filed. State Sen. Curt Thompson (D-Tucker) has filed a bill that would legalize marijuana and allow retailers to sell up to two ounces at a time to people 21 and over. The bill is not yet available on the legislative website.

Responsible Ohio Files Revised Legalization Proposal. The group, which wants to create 10 designated commercial grows in the state for its financial backers, handed in 3,164 signatures along with its revised constitutional amendment initiative language. State Attorney General Mike DeWine (R) had earlier rejected the group's initial ballot summary language. If the new language is approved, Responsible Ohio must gather 305,000 valid voter signatures to qualify for the November ballot.

Medical Marijuana

Kettle Falls Four Win Acquittal on Most Counts. A federal jury in Spokane acquitted the medical marijuana-growing family of four out of five counts, including the most serious ones, but found them guilty of growing between 50 and 100 plants. Federal prosecutors brought the case despite pot being legal in Washington state and despite federal guidance that suggests they shouldn't have. After the verdicts were read, prosecutors sought to jail the four pending sentencing, much to the disbelief of the courtroom crowd, but the judge didn't go for that. 

Utah Medical Marijuana Bill Moves. A bill that appeared delayed only a day earlier was approved for a third Senate reading Tuesday night. Senate Bill 259 would allow people with qualifying illnesses to use marijuana in edible or liquid form and would establish dispensaries to distribute it. If the Senate approves it one more time, it then goes to the House.

Drug Testing

West Virginia Welfare Drug Testing Bill Killed. Sponsor of the bill, Del. Patrick Lane (R) conceded today that the bill was dead for the session after the House voted yesterday to table it. The bill would have mandated drug testing based on reasonable suspicion.

Law Enforcement

Detroit Cops Launch 17th Mass Drug Raid. Police Chief James Craig's Operation Restore Order resulted in the city's 17th mass drug raid yesterday. Nearly 180 officers were involved, but at the flagship bust of the day, a "drug house," police found no one, only a small amount of drugs, but managed to shoot and kill a pit bull. Craig said the raids have resulted in 1,172 arrests, the vast majority on drug charges, and the seizure of $4.5 million worth of drugs. He didn't say whether they had had any demonstrable impact on drug availability in the city.

International

Canada Tories Ponder Decriminalization Bill. The Conservatives are considering whether to introduce a bill to let police issue tickets to people caught with small amounts of marijuana. The decision on whether to move forward in the current parliament, which only lasts another 12 weeks, is in the hands of Justice Minister Peter McKay. Even if no bill is filed this session, Tories could use the notion as a means of countering the Liberals in forthcoming elections. Liberal leader Justin Trudeau has called for outright legalization.

British Lib Dems Promise Drug Policy Reforms. Liberal Democrat Party leader Nick Clegg said today his party would hand control over drug policy from the Home Office to the Department of Health, review marijuana legalization in the US, and consider decriminalization. The party, which is an uneasy junior partner with the Conservatives, says their proposals are "the most far-reaching drug reform policies ever put forward by a major political party ahead of an election."

Mexico Nabs Zetas Cartel Leader Omar Trevino Morales. The Zetas leader is only the latest of an ever-growing list of top drug gang leaders captured or killed by Mexican authorities. Trevino Morales, known as "Z-42," was arrested in a predawn raid in Monterrey. He is the brother of Zetas leader Miguel Angel Trevino Morales, who was arrested in 2013. The Zetas' other original leader, Heriberto Lazcano, was killed by Mexican marines in 2012.

Mexico Cartel Violence Spiking in Tamaulipas. The northeastern state, which borders Texas's Rio Grande Valley region is seeing road blockades, assaults on media, and deadly shoot-outs. At least 12 people were killed in Reynosa and Matamoros shoot-outs last month, and two more were killed in Nuevo Progreso last Saturday. The violence is being blamed on rival factions of the Gulf Cartel. 

Medical Marijuana Update

Whew! There are medical marijuana bills all over the place, a leading Democratic politician gets targeted for her anti-medical marijuana stance, and the Kettle Falls Five (now Four) trial gets underway. Let's get to it:

National

Over the weekend, activists targeted Debbie Wasserman Schultz over her medical marijuana stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

California

Last Friday, Butte County hired six code enforcement officers to begin enforcement of Measure A, the voter-approved measure that restricts medical marijuana grows in the county. Code enforcement officers and deputies will go door-to-door in selected rural areas of the county to inform residents about the new restrictions.

Colorado

Last Wednesday, a bill to regulate medical marijuana got stripped down. Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crack down on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

Georgia

On Monday, a CBD cannabis oil bill won a committee vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.

On Wednesday, the House passed the CBD cannabis oil bill. The House approved House Bill 1, which allows for the use of low-THC, high-CBD cannabis oil to treat seizures and other major health conditions. The measure now goes to the Senate.

Kansas

On Monday, a CBD cannabis oil bill won a House committee vote. For the first time, a measure allowing some form of medical marijuana has won a vote in the state legislature. The House Health and Human Services Committee Monday approved House Bill 2282, which would allow for the use of low-THC, high-CBD cannabis oil for seizure disorders.

Minnesota

On Monday, medical marijuana workers unionized. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.

Missouri

On Monday, a medical marijuana bill was set for a hearing. Rep. Dave Hinson's (R-St. Clair) House Bill 800 would allow for medical marijuana for eligible patients.

New York

On Monday, there was talk of kosher medical marijuana coming to the state. Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.

North Dakota

Last Wednesday, the House killed a medical marijuana bill. A bill that would have brought medical marijuana to the Northern Plains was on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Tennessee

On Tuesday, a CBD cannabis oil bill was delayed. The House Criminal Justice Subcommittee is delaying a bill that would legalize low-THC, high-CBD cannabis oil. Lawmakers decided Tuesday to bump any action back by at least two weeks. The bill is House Bill 197.

Virginia

Last Wednesday, the legislature approved two CBD cannabis oil bills. The state Senate approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Washington

Last Thursday, the Kettle Falls Five became the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite pot being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

On Wednesday, the Kettle Falls Four trial got underway in Spokane. The trial of an Eastern Washington family accused of violating federal marijuana laws by growing their own medical marijuana legally under state law began today. The family is known as the Kettle Falls Five, but it's now the Kettle Falls Four after charges were dismissed against terminally ill patriarch Larry Harvey. The prosecution of the Harveys runs counter to Obama administration policy and congressional desire, but continues anyway.

West Virginia

On Monday, a medical marijuana bill was filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.

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

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Marijuana Legal in Alaska, Ohio Initiative Hits Bump, Bad CA Bills, More (2/24/15)

It was legalization day today in Alaska, Ohio's Responsible Ohio initiative goes back to the drawing board, a Georgia CBD medical marijuana bill moves, there are a couple of bad bills filed in California, and more. Let's get to it:

Marijuana possession and consumption now legal in Alaska. Smoke 'em if ya got 'em. (wikimedia.org)
Marijuana Policy

Marijuana is Now Legal in Alaska. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization initiative goes into effect. Now, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.

Alaska Governor Files Bill for Marijuana Control Board. Gov. Bill Walker (R) yesterday filed a bill to create a marijuana control board to oversee the state's coming legal marijuana industry. Legalization supporters had sought to have pot regulated outside the Alcoholic Beverage Control Board, and this bill is a step in that direction. The measure is Senate Bill 60.

Ohio AG Rejects Wording on ResponsibleOhio Ballot Summary. Attorney General Mike DeWine (R) says the ballot language "omits that the proposed amendment permits the sharing of specified amounts of marijuana between adults 21 years old and older" and "does not accurately reflect the manner in which proposed taxes would be distributed." That means ResponsibleOhio will have to fix the ballot language and submit another 1,000 signatures to try again.

Medical Marijuana

Georgia CBD Cannabis Oil Bill Wins Committee Vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.

Asset Forfeiture

California Bill Would Allow Civil Forfeiture Before Criminal Complaint is Filed. A bill touted as a measure against transnational crime that would give prosecutors the power to freeze assets before a criminal complaint is filed was introduced Monday. The bill is Assembly Bill 443, and it is being backed by state Attorney General Kamala Harris (D).

Drug Testing

Montana Welfare Drug Testing Bill Passes House. The House last Friday approved House Bill 200, which would require applicants for food stamps to be screened for possible drug use. Authorities will use the screenings to determine which applicants would have to submit to a drug test. Refusal to be screened would result in a denial of benefits. The bill now heads to the state.

Sentencing

California Bill Would Let Prosecutors Charge Possession of "Date Rape" Drugs As a Felony. Just last November, Californians voted to defelonize simple drug possession. Now, a bill has been filed that would allow prosecutors the option of charging possession of Rohypnol, GHB, and ketamine as either felonies or misdemeanors. The bill is Assembly Bill 46, sponsored by Rep. Tom Lackey (R-Antelope Valley), a former Highway Patrol sergeant.

Chronicle AM: Marijuana Legal in Alaska Tomorrow, Kosher MedMJ in NY, Chinese Meth, More (2/23/15)

Alaska's Measure 2 legalization begins to kick in tomorrow, the UFCW organizes medical marijuana workers in Minnesota, Chuck Schumer wants more drug war money, India bans the new synthetic drug mephedrone, and more. Let's get to it:

Mephedrone, now banned in India. (wikimedia.org)
Marijuana Policy

First Phase of Alaska Legalization Goes Into Effect Tomorrow. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization goes into effect. Beginning then, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.

Maryland Legalization Bill Gets Hearing Tomorrow. The House Judiciary Committee will hold a hearing in the General Assembly on Tuesday, February 24, to consider a bill that would regulate and tax marijuana similarly to alcohol. Supporters of the bill, including representatives of the Marijuana Policy Coalition of Maryland, are expected to testify. The hearing will take place in Room 101 of the House Office Building at 1:00pm ET. The bill is House Bill 911, sponsored by Rep. Curt Anderson (D-Baltimore).

Medical Marijuana

Minnesota Medical Marijuana Workers Unionize. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.

Missouri Medical Marijuana Bill Gets Hearing Today. Rep. Dave Hinson's (R-St. Clair) House Bill 800, which would allow for medical marijuana for eligible payments, was set to get a House hearing today. Come back tomorrow for results.

West Virginia Medical Marijuana Bill Filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.

Kosher Medical Marijuana Coming to New York? Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.

Law Enforcement

Chuck Schumer Lobbies to Restore HIDTA Funding Cuts. Sen. Charles Schumer (D-NY) said Sunday Congress should reject President Obama's plan to cut funding for the High Intensity Drug Trafficking Area (HIDTA) program. "This is one area where I disagree with the president, and I'm going to fight to reverse his decision," Schumer said. He wants $100 million in drug war funding restored, in part to fight heroin use in his state.

International

UN Official Blames "Corrupt" Chinese Pharmaceutical Industry for Meth Production. Chinese police recently busted 2.4 tons of meth in Guangdong Province, provoking UN Office on Drugs and Crime (UNODC) official Jeremy Douglas to say that "corruption in the pharmaceutical and chemical industries" in China was behind the easy availability of chemicals needed to mass produce the drugs. "To operate a lab like this, you need a lot of chemicals, which are legitimate, regulated chemicals from the pharmaceutical industry," Douglas said. "This group has been able to get their hands on the precursor chemicals necessary to produce the drugs. They've been doing it for a long time, which means they're getting these chemicals on a regular basis. There is some kind of corruption in the chemical/pharmaceutical industry taking place allowing this to happen."

India Bans Mephedrone. India has now classified mephedrone (also known as "Meow-Meow" or "M-Cat") as a psychotropic substance that falls under the Narcotic Drugs and Psychotropic Substances Act of 1985. That means mephedrone will now be treated as a controlled substance like heroin, cocaine, or methamphetamine. Previously, the new synthetic was not regulated in the country.

First Phase of Alaska Legalization Goes Into Effect Tomorrow

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

Anchorage, Alaska's largest city. (wikimedia.org)
As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization goes into effect. Beginning then, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants.

Private pot-smoking will be completely legal for adults, although public consumption remains illegal. Not all issues related to personal use, possession, and cultivation are resolved. The state legislature is still trying to settle questions around edibles, transporting marijuana, and use by minors. Senate Bill 30, which was supposed to be ready by legalization day, is still working its way through the legislature.

The second phase of legalization -- legal, taxed, and regulated marijuana commerce -- won't go into effect until the spring or summer of 2016. A nine-month rulemaking process is set to begin on legalization day, with the state expected to begin accepting applications for business permits in February 2016. The timeline was mandated in Measure 2, and the process is on schedule so far.

"First Colorado and Washington, now Alaska and Oregon -- and all with levels of support higher than the winning candidates for governor and US Senate achieved in those states," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Legalizing marijuana just makes sense now to voters across the political spectrum and -- as we'll likely see in 2016 -- across the country."

Dr. Tim Hunterberger, cosponsor of the initiative and chair of the winning Campaign to Regulate Like Alcohol in Alaska, and Bruce Schulte of the Coalition for Responsible Cannabis Legislation, an industry group monitoring the implementation process, are calling for legalization supporters to celebrate by consuming marijuana responsibly and to keep in mind that personal legalization doesn't mean a marijuana free-for-all.

"As with alcohol there's an appropriate time, place, and manner to consume marijuana, and the worst thing that could happen right now is for a handful of overzealous folks to spoil things by making a public spectacle out of marijuana consumption," they cautioned. "So, please be respectful of your fellow Alaskans, don't drive under the influence and don't do anything to give your neighbors reason to feel uneasy about this new law. We're in the midst of an enormous social and legal shift. Please do your part to make it as successful as possible by consuming responsibly."

Alaska isn't the only place where legalization is going at least partially into effect this week. The District of Columbia's possession and cultivation legalization initiative is set to go into effect Thursday -- unless Congress acts to block it (and the president signs such a measure) before then.

Chronicle AM: Federal Marijuana Bills, CO Legal Marijuana Battles, VA Cannabis Oil Bills Pass, More (2/20/15)

It's all marijuana news today: Federal legalization bills are filed, battles break out over legalization in Colorado, the Kettle Falls Five is now the Kettle Falls Four, Virginia CBD cannabis oil bills head to the governor's desk, and more. Let's get to it:

Congress action
Marijuana Policy

Federal Marijuana Legalization Bills Introduced. Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon. Click on the link for more details and reaction.

Democratic Congressman Calls on Holder to Reclassify Marijuana. Rep. Steve Cohen (D-TN) this week sent a letter to Attorney General Eric Holder urging him to reclassify marijuana as a drug with medical benefits. "I urge you to in your remaining time in office to take action, under existing federal law, to reclassify marijuana," Cohen wrote.

Marijuana Policy Project Calls for Holiday Inn Boycott Over Colorado Lawsuit. The group is calling for the boycott because one of two new lawsuits filed in an effort to undo Colorado's legalization of marijuana is in behalf of a Holiday Inn in the mountain town of Frisco. The suit claims that a marijuana shop scheduled to open nearby will damage its business. While the boycott targets the Intercontinental Hotels Group (Holiday Inn's parent company), the hotel is actually operated by New Visions Hotel Two. MPP points out that pressuring the corporate chain could help pressure New Visions to drop its lawsuit.

Former DEA Heads All Sign Brief Opposing Colorado's Legal Marijuana Law. All nine former DEA administrators have signed onto an amicus brief filed Thursday in support of the lawsuit brought by Nebraska and Oklahoma to try to kill legalization in the state. Colorado's legal marijuana "gravely menaces… the health, comfort, and prosperity of the people" of Nebraska and Oklahoma, the former administrators claimed.

Medical Marijuana

The Kettle Falls Five is Now the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite marijuana being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

Virginia Legislature Approves CBD Cannabis Oil Bills. The state Senate Wednesday approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Federal Marijuana Legalization Bills Introduced [FEATURE]

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

Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon.

marijuana bud (horsma/hamppuform wikimedia.org)
Polis's Regulate Marijuana Like Alcohol Act (HR 1013) removes marijuana from the schedule set by the Controlled Substances Act; transitions marijuana oversight from the jurisdiction of the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and regulates marijuana like alcohol by inserting language into the section of the US code governing "intoxicating liquors."

"Over the past year, Colorado has demonstrated that regulating marijuana like alcohol takes money away from criminals and cartels, grows our economy, and keeps marijuana out of the hands of children," said Polis. "While President Obama and the Justice Department have allowed the will of voters in states like Colorado and 22 other jurisdictions to move forward, small business owners, medical marijuana patients, and others who follow state laws still live with the fear that a new administration -- or this one -- could reverse course and turn them into criminals. It is time for us to replace the failed prohibition with a regulatory system that works and let states and municipalities decide for themselves if they want, or don't want, to have legal marijuana within their borders."

Blumenauer's Marijuana Tax Revenue Act (HR 1014) would, after federal legalization, impose a federal excise tax on the sale of marijuana for non-medical purposes as well as apply an occupational tax for marijuana businesses. The bill would establish civil and criminal penalties for those who fail to comply, like those in place for the tobacco industry.

Rep. Jared Polis (D-CO) (congress.gov)
The bill also requires the IRS to produce periodic studies of the marijuana industry and to issue recommendations to Congress. It phases in an excise tax on the sale by a producer (generally the grower) to the next stage of production (generally the processor creating the useable product). This tax is initially set at 10% and rises over time to 25% as the legal market displaces the black market. Medical marijuana is exempt from this tax.

"It's time for the federal government to chart a new path forward for marijuana." said Blumenauer. "Together these bills create a federal framework to legalize, regulate and tax marijuana, much like we treat alcohol and tobacco. The federal prohibition of marijuana has been a failure, wasting tax dollars and ruining countless lives. As more states move to legalize marijuana as Oregon, Colorado, Washington and Alaska have done, it's imperative the federal government become a full partner in building a workable and safe framework."

The federal bills come as marijuana is increasingly accepted in the US. Now, nearly two-thirds of Americans live in a state or jurisdiction that allows for some form of legal marijuana use. Four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have legalized adult use, while 23 others allow for medical marijuana. Eleven more states have passed laws allowing for the use of low-THC cannabis products to treat specified medical conditions.

By now, nearly half (46%) of all people 18 and over have tried marijuana at least once, and in the past few years, public opinion polls have consistently found support for legalization at or above 50%. But while states and localities have taken the lead in finding ways to accommodate legal marijuana, the federal government continues to not only criminalize marijuana, but to classify it as among the most dangerous illegal drugs.

Rep. Earl Blumenauer (D-OR) (wikipedia.org)
The Obama administration has taken a relatively laissez-faire approach to medical marijuana and legal marijuana in the states, but that is a matter of policy, not law. And as long as federal marijuana prohibition remains on the books, policy can change with a new administration, or even if this one decides to take a different tack.

The congressional bills were met with approval by drug reform movement groups.

"As more state marijuana legalization laws come on board it's increasingly important for federal policy to catch up," said Tom Angell, chairman of Marijuana Majority. "The Obama administration's enforcement approach over the past few years has created some room for Colorado and Washington to implement their laws and show the world that legalization works. And we even saw the Republican-controlled Congress vote last year to stop the DEA from spending money to interfere with state medical marijuana laws. Now it's time to fully and officially end the federal criminalization of marijuana so that states can move ahead with full certainty that the DEA won't be able to step in whenever the drug warriors that run the agency feel like it."

"Cops have better things to worry about than the recreational habits of responsible, nonviolent adults," said Major Neill Franklin (Ret.), a former Maryland narcotics officer and now executive director of Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals opposed to the drug war. "And dispensary owners have better things to worry about than whether the federal government is going to arrest them and/or seize their assets for acting in accordance with state law."

"These bills would regulate and tax marijuana, taking cultivation and sales out of the underground market and allowing it to be controlled by legitimate businesses under the close watch of authorities. Marijuana would be grown in licensed facilities instead of national forests and basements in the suburbs. It would be sold in stores that create good jobs and generate tax revenue, instead of on the street where it benefits cartels and criminals," said Dan Riffle, director of federal policy for the Marijuana Policy Project.

"Congress has been ignoring our broken and outdated marijuana laws for decades," Riffle continued. "Their failure to let go of prohibition is causing serious problems for state governments and interfering in the lives of countless Americans. It's time for our federal representatives to come to grips with the fact that marijuana is safer than alcohol and most people think it should be treated that way. Members who consider it unthinkable to return to alcohol prohibition need to ask themselves why they are clinging to the prohibition of a less harmful substance."

The bills are there. Now it's time to see whether Congress will act on them.

Washington, DC
United States

Chronicle AM: More CO Lawsuits, 2016 MI Inits, New Paid Med Rules a Pain for Vets, More (2/19/15)

An anti-crime group has filed a pair of lawsuits challenging Colorado's legal marijuana law, a decrim bill is moving in Hawaii, 2016 initiative plans are getting underway in Michigan, DEA rules on pain pills are causing problems for vets and others, and more. Let's get to it:

Recent DEA rules tightening access to prescription opiates are causing problems for veterans and others.
Marijuana Policy

Revised Alaska Marijuana Bill Removes It From Controlled Substances List; Adds New Misdemeanors. The legislature's effort to regulate legal marijuana has been revised to remove pot from the controlled substances list, according to an updated draft of Senate Bill 30. The bill would also create new crimes for misconduct involving marijuana, including selling it without a license, possessing more than six plants, transporting more than an ounce, providing it to minors, and making hash oil with a volatile or explosive gas. The bill got a hearing in committee yesterday.

California's Attorney General Not Opposed to Legalization. Attorney General Kamala Harris, the state's top law enforcement officer and Democratic front-runner for a 2016 US Senate seat has said she has no moral objection to legalizing marijuana, but worries about impacts on children and public safety. "I don't have any moral opposition to legalization," she said, "but I do feel a very strong sense of responsibility as a top cop to pay attention to the details... to make sure that if it were legalized... that vulnerable people are safe."

Private Group Sues Colorado Over Legalization. Two months ago, Nebraska and Oklahoma filed a lawsuit seeking to overturn the state's legal marijuana law, and now, two more lawsuits are being filed by a private group, Safe Streets Alliance, an anti-crime organization led by a former Reagan administration official. In one suit, two Colorado property owners are suing a handful of marijuana industry participants under federal racketeering laws and state and local officials under the charge that they are violating the constitution's supremacy clause by not enforcing federal law. In the other suit, Safe Streets joined with the Holiday Inn in Frisco to sue a number of marijuana industry participants on racketeering charges. That suit claims that a planned legal marijuana store is causing the hotel to "suffer injuries to its business and property." Pot supporters say the lawsuits are unlikely to go anywhere.

Hawaii Senate Committee Passes Decriminalization Bill. The Senate Health Committee Wednesday approved Senate Bill 596, which would decriminalize up to an ounce, replacing a petty misdemeanor with a civil infraction and a $100 fine.

Two Michigan 2016 Legalization Initiative Efforts Getting Underway. At least two different groups are eyeing a legalization initiative effort next year. East Lansing attorney Jeffrey Hank filed paperwork Tuesday for the Michigan Comprehensive Cannabis Law Reform Committee, while East Lansing-based Mitchell Research and Communications, a marijuana industry advocacy group, filed paperwork last month to create the Michigan Responsibility Council, which says it will soon transform itself into a ballot committee for 2016. Click on the link for more details.

Missouri Bill Would Free Marijuana Lifer Jeff Mirzanskey. Rep. Shamed Dogan this week filed House Bill 978, which would require the release of anyone serving life without parole for marijuana offenses. That means Jeff Mirzanskey, who is 21 years into his life sentence. Efforts have been afoot to persuade Gov. Jay Nixon (D) to commute his sentence, but he has yet to do so.

Medical Marijuana

Activists Target Wasserman Schultz Over Medical Marijuana Stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

Colorado Bill to Regulate Medical Marijuana Gets Stripped Down. The bill, Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate Wednesday, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crackdown on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

North Dakota Medical Marijuana Bill Defeated. A bill that would have brought medical marijuana to the Northern Plains was defeated in the House Wednesday on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Asset Forfeiture

New Mexico Asset Forfeiture Reform Bill Filed. Rep. Zachary Cook (R-Ruidoso) has introduced a bill that would end civil asset forfeiture in the state. The bill is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance. It does not yet have a bill number and is not yet available on the legislative web site.

Wyoming Legislators Prepare to Try to Override Governor's Veto of Asset Forfeiture Reform Bill. Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture in the state Tuesday, but the bill passed by a veto-proof margin, and now legislators and bill supporters are angling for an override vote. The measure, Senate File 14, passed the Senate 26-3 and the House 54-6.

Undertreatment of Pain

New Federal Opiate Prescription Rules Are Causing Problems for Veterans. Restrictions on prescription opiates adopted last summer by the DEA are causing hardships for veterans, the Washington Post reports in a lengthy piece. And it's not just veterans, but they're being hit particularly hard. Click on the link for much more.

Sentencing

Former Federal Judge Regrets 55-Year Sentence for Pot Dealer. Utah resident Weldon Angelos has already spent more than a decade in federal prison after being convicted of three marijuana sales while he had a pistol in his sock. That pistol led to consecutive mandatory minimum sentences resulting in a whopping 55 years in prison for the aspiring rapper. Now, Paul Cassell, the then federal judge who sentenced him, wishes he had a do over. "I do think about Angelos," he said. "I sometimes drive near the prison where he's held, and I think, 'Gosh he shouldn't be there. Certainly not as long as I had to send him there... That wasn't the right thing to do. The system forced me to do it. I think that most of the time, our federal justice system succeeds," Cassell continued. "But there are some cases where it fails and the Angelos case is a prime example of that. I thought the sentence was utterly unjust to Weldon Angelos, but also unjust to the taxpayer," Cassell pointed out. "I think it's just a waste of resources to lock him up for 55 years, I don't really think anyone believes that's an appropriate sentence."

Utah Ready for Drug Defelonization, Poll Finds. Strong majorities of Utahns favor defelonizing drug possession offenses, according to a new survey from Public Policy Polling. Some 58% support defelonization, while 59% said probation and community-based drug treatment were more appropriate than jail for being caught with small amounts of drugs. The poll comes as a defelonization bill, House Bill 348, is introduced today.

International

UK Liberal Democrat Leader Supports Medical Marijuana. Nick Clegg, head of the Liberal Democrats, the junior partner in a governing coalition with the Conservatives, has said people should be able to use marijuana to alleviate medical problems. "I strongly agree that where there is a proven medicinal use for cannabis for instance we should make that easier for those to have access to it in a straightforward legal way in order to alleviate the symptoms that you clearly have that you know as a user are alleviated by the use of cannabis," he said. "Let's take a more intelligent approach -- where there is a clear medicinal use, make sure you have access to that in a regulated way." This is yet one more way that the Lib Dems and the Tories are at odds on drug policy.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

The Kettle Falls 5 will have to face federal trial, a bill to fold the Washington state medical market into the recreational one has passed the Senate, there's movement toward dispensaries in Hawaii and Michigan, and much more. Let's get to it:

California

On Tuesday, a bill to end organ transplant denials for medical marijuana patients was referred to the Assembly Health Committee. Assemblymember Marc Levine (D-San Rafael) earlier this month introduced Assembly Bill 258, the Medical Cannabis Organ Transplant Act, a bill aimed at preventing medical marijuana patients from being denied organ transplants. The Medical Cannabis Organ Transplant Act is sponsored by Americans for Safe Access( ASA), which has long advocated for patients seeking organ transplants, including Norman B. Smith, a medical marijuana patient who died in 2012 after being denied a liver transplant at Cedars-Sinai Medical Center in Los Angeles.

Also on Tuesday, the Santa Ana city council approved spending $880,000 to shut down unpermitted dispensaries. The move comes as the city is poised to become the first in Orange County to allow permitted dispensaries. The enforcement costs -- including hiring five new police officers and a sergeant -- will be borne by the legal dispensaries, which are set to open on July 1.

Also on Tuesday, the Long Beach city council voted to create a special task force to offer input on a new medical marijuana ordinance. The ordinance, which would allow 18 dispensaries citywide, has been approved once by the council but needs to go back for a second approval in April. If the task force recommends any changes, they will be taken up then.

Also on Tuesday, the Pismo Beach city council banned medical marijuana delivery services. The city already banned dispensaries, but the council voted unanimously to update the ban and include mobile delivery services because they create "the same adverse impacts" as brick and mortar stores.

Colorado

On Tuesday, the Colorado Cannabis Chamber said it supported tightening restrictions on caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.

Hawaii

On Tuesday, a bill that would allow for dispensaries won a House committee vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.

Iowa

On Monday, Iowans pleaded for the expansion of the state's medical marijuana program. A small number of Iowa patients and family members appeared before state legislators to ask for expansion of the state's medical marijuana program, which they say is effectively useless as is. Each speaker called on legislators to expand the law to allow them to legally produce and obtain the high-CBD cannabis oils that could aid them. A law passed last year allows Iowans to use the cannabis oils, but not to produce or import them.

Michigan

Last Thursday, the legislature began preparing to take up a bill that would explicitly allow dispensaries. Supporters of medical marijuana are readying themselves to push a dispensary bill through the legislature. Rep. Mike Callton (R-Nashville) announced that he would sponsor a new bill to regulate "provisioning centers." The bill is not yet available on the legislative website. Similar measures were expected to pass last year, but stalled at session's end.

New Mexico

Last Thursday, the state proposed revisions in its medical marijuana program. The Health Department's hearing officer charged with making recommendations for changes in the state's medical marijuana program issued her report and she is recommending increasing the allowable concentrations of THC in marijuana products from 60% to 70% and scrapping a rule requiring patients to submit biometric information when applying for registry cards. The department is now "in the process of reviewing" the recommendations. Click on the link for more detail and more recommendations.

North Carolina

Last Wednesday, a medical marijuana bill was filed. A group of legislators has filed a full-blown medical marijuana bill, House Bill 78. The state approved a CBD cannabis oil bill last year.

Oklahoma

Last Wednesday, a CBD cannabis oil bill passed the House.The House approved House Bill 2154, on a 98-2 vote. The bill would authorize an investigation into the use of cannabis oil for children with epilepsy. The bill now heads to the Senate.

Washington

Last Thursday, a federal judge rejected a request from the Kettle Falls 5 to throw out their charges. Five Washington state medical marijuana patients being prosecuted by federal authorities will have to go to trial. A federal judge refused to dismiss the criminal case against them, even though the prosecution appears to violate Justice Department guidelines for medical marijuana prosecutions and even though marijuana is now legal in their state.

Last Friday, a Republican-sponsored bill to combine the recreational and medical markets passed the Senate. The state Senate has passed Senate Bill 5052, sponsored by Sen. Ann Rivers (R-La Center). It would combine medical and recreational in a single market, require medical marijuana users to enter their names on a state registry, reduce the number of plants patients could grow from 15 to six, and allow cultivation co-ops only if they are at least 15 miles from a retail store and everyone is on the registry. The bill was opposed by patient advocates. Sen. Jeanne Kohl-Welles (D-Seattle) had offered a competing bill, Senate Bill 5519, but that has not been voted on, and all of her amendments to the Republican bill were voted down.

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

Chronicle AM: Asset Forfeiture Reforms Blocked, AL Life Sentence for Pot, Ominous Afghan Opium News, More (2/18/15)

A New Jersey coalition for marijuana reform has formed, an Alabama judge sentences a man to life in prison over 2 1/2 pounds of pot, the Hawaii legislature advances a dispensary bill, asset forfeiture reform gets slapped down in Virginia and Wyoming, the opium trade is expanding in western Afghanistan, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

New Jersey Legalization Coalition Forms, Includes Prosecutors. Representatives from a number of groups, including the ACLU, the NAACP, and the New Jersey Municipal Prosecutor's Association held a news conference in Newark today to announce the formation of New Jersey United for Marijuana Reform. The groups are joining forces "in a broad-based campaign to legalize, tax and regulate marijuana, ending thousands of arrests per year in New Jersey."

Medical Marijuana

Colorado Cannabis Chamber Supports Tightened Regulations on Caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.

Hawaii Dispensary Bill Wins House Committee Vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.

Asset Forfeiture

Virginia Civil Asset Forfeiture Reform Bill Killed in Senate Committee Vote. An asset forfeiture reform bill that passed the House of Delegates 92-6 earlier this month and passed the Senate Courts of Justice Committee 11-2 last week has been killed in the Senate Finance Committee. The measure, House Bill 1287, was opposed by law enforcement and prosecutors. Senate Majority Leader Tommy Norment (R-James County) said the bill will now be studied by the State Crime Commission.

Wyoming Governor Vetoes Civil Asset Forfeiture Reform Bill. Gov. Matt Mead (R) Tuesday vetoed a bill that would have made it more difficult for police and prosecutors to seize property from people they believe are involved in drug crimes. The bill, Senate File 14, would have required a criminal conviction before civil asset forfeiture could take place. Mead, a former US attorney, said he didn't believe asset forfeiture had been abused in the state. The measure passed both houses by a veto-proof margin, so stay tuned.

Harm Reduction

Virginia 911 Good Samaritan Bill Awaits Final Senate Vote. A bill that would provide protection from prosecution to people who report drug overdoses has passed the Senate and House of Delegates, but was amended in the House and now requires a final Senate concurrence vote before heading to the desk of Gov. Terry McAuliffe. The measure is Senate Bill 892.

Sentencing

Alabama Man Gets Life in Prison for Marijuana Distribution. A Houston County judge sentenced a 39-year-old man to life in prison Tuesday for trafficking 2 ½ pounds of pot. Richard Bolden was also hit with another eight years for bail-jumping -- to be served consecutively. Bolden had one prior federal drug conviction and was out on bail on a cocaine trafficking charge, but had not been convicted of that. He had also been arrested 37 times, but never actually convicted in any of those arrests. But prosecutors said he was "a habitual and dangerous criminal offender" and the judge agreed.

Law Enforcement

Minnesota Man Jailed on Three Meth Charges Freed After Tests Showed Powder Was Vitamins, Not Amphetamines. Joseph Ray Burrell, 31, spent three months in jail on meth charges after a Mankato police officer mistook his vitamins for meth. Burrell tried to tell the cops what the powder was, but they didn't believe him and jailed him on $250,000 bail. He was set for trial February 4, but test results came back two days before, and police were forced to admit he was telling the truth. The charges were dropped and Burrell was released. No mention of restitution.

International

Opium Booms in Western Afghanistan; Taliban, ISIS, Corrupt Officials Benefit. A weak government in Kabul is unable or unwilling to reign in rampant opium production and trafficking in remote western Farah province bordering Iran. Taliban insurgents control half the region, a former Taliban commander who has pledged allegiance to ISIS is roaming the area with a band of dozens of gunmen, and police and local government officials seem more interested in profiting off the crop than suppressing it. That bodes ill for the Kabul government. Much more at the link.

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