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Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

The US Supreme Court rules that detaining motorists on the side of the road to wait for drug dogs is illegal. (wikipedia.org)
Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.

International

Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Chronicle AM: Pot Legalization Inits Filed in AZ, MA; ID Gov Vetoes CBD Oil Bill, China Wages Drug War, More (4/17/15)

Legalization efforts in Arizona and Massachusetts get rolling, there's more good polling, Idaho's governor vetoes a CBD cannabis oil bill over fears of "misuse and abuse," China is waging a major drug war, and more. 

Marijuana Policy

Bloomberg Poll Has 58% Saying Pot Will Be Legal Within 20 Years. Nearly one-third (32%) think marijuana would never be legal, but two-thirds think it will, and the majority think it will happen in all 50 states within the next 20 years. Just 17% thought it would be legal within five years, but more than one-quarter (26%) thought it would be legal within 10 years and 13% said it would take the whole 20 years. Some very excitable folks (2%) thought legalization everywhere would happen in the next year.

Arizona Legalization Initiative Filed Today. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol filed its initiative to tax and regulate marijuana with the secretary of state this afternoon. The initiative would allow adults 21 and over to possess, consume, and grow limited amounts of pot and would create a system of licensed and regulated marijuana commerce. It would let local governments opt out of allowing pot businesses and it would set a 15% tax on retail sales beyond the sales tax. Now, initiative backers must collect signatures from 150,642 registered Arizona voters by June 2016 in order to qualify the initiative for the November 2016 ballot.

Massachusetts Legalization Initiative Filed TodayBay State Repeal today filed with the attorney general's office a first draft of its proposed 2016 legalization initiative. The measure would repeal the state's marijuana laws and replace them with a system of taxed and regulated legal commerce. Adults 21 and over would be allowed to possess, consume, and grow limited amounts of marijuana for their personal use.

Medical Marijuana

Idaho Governor Vetoes CBD Cannabis Oil Bill. Gov. "Butch" Otter Thursday vetoed a bill that would have allowed the use of CBD cannabis oil to treat children suffering from epileptic seizures. Senate Bill 1146 had passed the House 39-30 and the Senate 22-12. Otter said the bill asked the state to ignore the potential for abuse and misuse, even though the oils don't contain enough THC for anyone to get high.

Asset Forfeiture

Texas Legislator Modifies Asset Forfeiture Bill to Counter Law Enforcement Objections. Rep. David Simpson (R-Longview) said Thursday he is amending his civil asset forfeiture reform bill to address concerns raised by law enforcement. He said he would change it to allow the state to keep seized money if the person from whom it was seized absconds and to allow the seizure of vehicles valued at under $10,000. The bill is House Bill 3171.

International

China in Midst of Full-Blown Drug Crackdown. More than 133,000 people have been arrested and more than 43 tons of drugs seized in an ongoing six-month anti-drug campaign, the Ministry of Public Security announced. Authorities also announced that they had handled 115,000 "drug related" crimes, mostly robberies, and 606,000 cases of drug use. Officials said drug trafficking had suffered "a heavy blow" and drug users "forcefully regulated," but added that nine police had been killed in the campaign.

Stratfor Quarterly Update on Mexican Cartels. The Austin-based private intelligence and research firm has issued its quarterly update on the Mexican drug wars. It's quite detailed. Click on the link to read it. 

Medical Marijuana Update

There's action on Capitol Hill, Tennessee passes a CBD cannabis oil bill, a Hawaii dispensary bill moves, Washington sends a medical marijuana overhaul bill to the governor, and more.

National

Last Wednesday, the DEA recommended that the government triple the amount of marijuana it grows for research. The DEA recommended that the government produce nearly 900 pounds of marijuana for research this year, more than three times the amount the agency had estimated it would need. The increase is because of "unanticipated medical, scientific, research, and industrial needs of the United States," the agency said in a notice published in the Federal Register.

On Monday, came notice of the 9th Annual Clinical Cannabis Conference Next Month in Florida. The medical marijuana advocacy group Patients Out of Time is hosting this premier event. Click on the link for all the details and registration information.

On Tuesday, a federal bill to allow children access to medical marijuana was filed. Reps. Morgan Griffith (R-VA) and Earl Blumenauer (D-OR) Tuesday filed the Compassionate Access Act, which would "allow the states to provide appropriate access to patients needing these legitimate, medical treatments under the supervision of their physician," the congressmen said in a statement. The bill is not yet available on the congressional website.

As of Tuesday, a federal medical marijuana bill had picked up new supporters. The CARERS Act, H.R. 1538, which would end federal interference in states with medical marijuana laws, has picked up new sponsors over the recess. The latest are Reps. Justin Amash (R-MI), Donald Beyer (D-VA), Earl Blumenauer (D-OR), and Joseph Heck (R-NV). The bill now has 12 cosponsors, evenly divided among Democrats and Republicans. Click the link for more bill information.

As of Tuesday, a federal CBD cannabis oil bill had picked up new sponsors. The Charlotte's Web Medical Access Act, H.R. 1635, which would remove cannabidiol (CBD) and CBD-rich marijuana plants from the Controlled Substances Act, has picked up new cosponsors. The latest are Reps. Paul Ryan (R-WI) and Mick Mulvaney (R-SC). The bill now has 20 cosponsors, evenly divided among Democrats and Republicans. Click on the link for more bill information.

9th Annual Clinical Cannabis Conference Next Month in Florida. The medical marijuana advocacy group Patients Out of Time is hosting this premier event. Click on the link for all the details and registration information.

California

Last Thursday, the Los Angeles city attorney said 500 unpermitted dispensaries had been shut down. City Attorney Mike Feuer said Thursday that his office has closed down 500 unpermitted dispensaries since the city voted two years ago to cap their number at about 130. But he conceded that hundreds more still operate.

Colorado

Last Thursday, a bill to allow parolees and probationers use medical marijuana advanced. The House Judiciary Committee unanimously approved a bill that would allow people on probation or parole use medical marijuana. The change wouldn't apply, however, to people whose crimes were related to marijuana. The measure is House Bill 1267.

Florida

On Monday, a CBD cannabis oil regulation bill won a committee vote. The bill, Senate Bill 7066, would expand the number of businesses that could participate from five to 20. It was approved by the Senate Rules Committee, but without addressing complaints from black farmers that they had been shut out of the process. It now goes to the Senate floor.

Hawaii

On Tuesday, the Senate approved a dispensary bill. The bill that would establish a system of medical dispensaries for the state's 13,000 medical marijuana patients. The measure is House Bill 321. The bill now has to go back to the House for reconciliation.

Iowa

On Wednesday, the Senate approved a medical marijuana expansion bill. The Senate voted to approve Senate File 484, which allow the production and distribution of medical marijuana. The bill would allow for up to a dozen independent dispensaries. It now goes to the House.

Tennessee

Last week, a medical marijuana bill died in the legislature. Both the Senate Health and Welfare Committee and the House Health Committee voted to kill pending medical marijuana bills. Both committees, however, agreed to create summer study committees to look at the legislation.

On Monday, the legislature approved a CBD cannabis oil bill. Both the House and the Senate unanimously approved a bill to allow the use of CBD cannabis oil for the treatment of seizures in children. House Bill 197 now awaits the signatures of Gov. Bill Haslam (R).

Washington

On Tuesday, the legislature approved an overhaul of the medical marijuana system. A bill that seeks to end unregulated medical marijuana dispensary sales and fold medical marijuana into the recreational marijuana system is now headed for the desk of Gov. Jay Inslee (D). Senate Bill 5052 would create a database of patients (voluntary, but patients won't get tax-free medicine unless they sign up), allow patients to possess three times more marijuana than recreational users, and eliminate the current collective garden structure, replacing it with cooperatives limited to four patients.

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

Chronicle AM: Pro-Legalization Majority in Pew Poll, DEA Chief on Hot Seat Over Sex Scandals, More (4/15/15)

Another poll has a national majority for legalization, the DEA head gets skewered over taxpayer-funded sex scandals, the Senate Judiciary Committee eyes civil asset forfeiture reform, and much, much more.

Marijuana Policy

New Pew Poll Has Support for Legalization Nationwide at 53%. Advocates for legalization are winning the battle for public opinion, according to this new poll. Not only does it have a majority for legalization, but the poll also finds that while a fifth of respondents (21%) have switched from opposing to favoring legalization, only 7% have gone from supporting to opposing legalization. The poll also had 78% saying federal marijuana laws should not be enforced in states where pot is legal.

Federal Judge Rejects Motion to Reschedule Marijuana. US District Court Judge Kimberly Mueller declined today to remove marijuana from Schedule I of the Controlled Substances Act. The move came in a marijuana cultivation case where defense attorneys challenged pot's placement on the schedules. Mueller said during a brief hearing that she was initially inclined to grant the motion, but decided "this was not the court and this was not the time." She said it was up to Congress to change the law if it so desires.

Chris Christie Says He Will "Not Permit" Legal Marijuana if Elected. New Jersey's Republican Gov. Chris Christie, a potential 2016 GOP presidential candidate, said Tuesday that if elected he would "crack down" on states that have legalized the weed. "I will crack down and not permit it," he said. "States should not be permitted to sell and profit" from legalization, he added, citing "enormous addiction problems."

Alaska House Passes Bill to Create Marijuana Control Board. The House Tuesday approved legislation to create a five-member marijuana control board to regulate the state's looming legal marijuana industry. The board would craft regulations by November, with the first licenses to be issued in May 2016. The measure is House Bill 123.

District of Columbia City Council Approves Two Marijuana Bills. The first bill, B21-0025, bars employers from testing job applicants for marijuana since it is legal in the city. The second bill, B20-0678, increases the number of plants medical marijuana providers can grow from 95 to 1,000.

Medical Marijuana

Federal Bill to Allow Children Access to Medical Marijuana Filed. Reps. Morgan Griffith (R-VA) and Earl Blumenauer (D-OR) Tuesday filed the Compassionate Access Act, which would "allow the states to provide appropriate access to patients needing these legitimate, medical treatments under the supervision of their physician," the congressmen said in a statement. The bill is not yet available on the congressional website.

Hawaii Senate Approves Dispensary Bill. The Senate Tuesday approved a bill that would establish a system of medical dispensaries for the state's 13,000 medical marijuana patients. The measure is House Bill 321. The bill now has to go back to the House for reconciliation.

Iowa Senate Approves Medical Marijuana Expansion Bill. The Senate voted today to approve Senate File 484, which allows the production and distribution of medical marijuana. The bill would allow for up to a dozen independent dispensaries. It now goes to the House.

Washington Legislature Approves Medical Marijuana Overhaul. A bill that seeks to end unregulated medical marijuana dispensary sales and fold medical marijuana into the recreational marijuana system is now headed for the desk of Gov. Jay Inslee (D). Senate Bill 5052 would create a database of patients (voluntary, but patients won't get tax-free medicine unless they sign up), allow patients to possess three times more marijuana than recreational users, and eliminate the current collective garden structure, replacing it with cooperatives limited to four patients.

Asset Forfeiture

Sparks Fly at Senate Judiciary Committee Asset Forfeiture Hearing. Committee Chair Sen. Charles Grassley (R-IA) had a heated exchange with Fraternal Order of Police President Chuck Canterbury over civil asset forfeiture reform in a hearing today. Canterbury opposed ending civil asset forfeiture because doing so would deprive police of "hundreds of millions" of dollars to fight crime and terror, but Grassley dismissed that argument, saying such laws have created a "perverse incentive" for police to abuse them. Police opposition to reform "dismisses the need for real reform and demonstrates the absurdity of a system of justice in which some in law enforcement appear to value funding their own operations over protecting civil rights," Grassley said. The hearing is part of a broad push this year to reform federal civil asset forfeiture laws.

Virginia Senate Kills Civil Asset Forfeiture Reform. The Senate today set aside efforts to enact civil asset forfeiture reform. The decision came during the legislature's annual reconvene session, when solons meet to consider responding to gubernatorial vetoes and amendments to bills passed during the session that ended last month. The legislature had passed a bill requiring only that police provide an inventory of property seized, and some legislators had hoped to get Gov. Terry McAuliffe (D) to add more substantial reforms, but they gave up on that effort today. Instead, they will leave it for the state crime commission to study.

Law Enforcement

DEA Head Gets Scalded in Hearing Over Agents' Sex Parties. DEA Administrator Michele Leonhart was on the hot seat Tuesday as the House Oversight Committee took aim at revelations of taxpayer-funded sex parties involving DEA agents and prostitutes in Colombia. Members scoffed at her claims that she was unable to fire anyone involved and harshly questioned the agency's (lack of) response to the incidents. Click on the link for juicy details.

Sentencing

California Bill to Refelonize "Date Rape" Drugs Advances. A bill that would give prosecutors the option of charging possession of Rohypnol, ketamine, and GHB as a felony passed the Assembly Public Safety Committee today. Assembly Bill 46 is an attempt to partially roll back last year's voter-approved Proposition 47, which defelonized simple drug possession.

Connecticut Bill Would Dramatically Shrink "Drug Free" Zones. The legislature's Judiciary Committee voted last Friday to amend a bill aimed at reducing the number of drug prisoners in the state by shrinking the area of sentence-enhancing "drug free" zones to just schools and day care centers, eliminating the 1,500-foot zone around the buildings. The vote came as an amendment to Senate Bill 952, part of Gov. Dannel Malloy's (D) "Second Chance Society."

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

Chronicle AM: Rand Paul Talks Drugs, CA Legalization Meetings, WI Legalization Bill, More (4/13/15)

Rand Paul has a campaign theme he hopes will resonate, Californians will be meeting to plot a legalization initiative next year, a Maryland marijuana paraphernalia decrim bill heads to the governor, the British Labor Party is hinting at a softening of its hard-line drug policy, and more:

Sen. Rand Paul is making drug and criminal justice policy a campaign issue. (senate.gov)
Marijuana Policy

Marijuana in Alaska Will Be a "Regulated" Substance, Not a "Controlled" One Under House Bill. The House Judiciary Committee will remove marijuana from the state's list of controlled substances and move it to the list of regulated ones, committee chair Rep. Gabrielle LeDoux (R-Anchorage) said Friday. The Senate version of the bill, Senate Bill 30, keeps marijuana as a controlled substance, so this isn't a done deal just yet.

California Marijuana Legalization Meetings Set. The Blue Ribbon Commission on Marijuana Policy, led by Lt. Gov. Gavin Newsom (D) will hold a public forum at UCLA on August 21. That will be followed by another forum in Santa Cruz on April 23. Click on the title link for more info and to RSVP. People who want a voice in how legalization is going to look in the Golden State need to show up.

Colorado February Pot Sales Hit Record. Recreational marijuana outlets sold $39.2 million worth of weed in February, beating the previous monthly record of $36.4 million, set the previous month. Much of the increase is being attributed to the opening of more marijuana stores, especially in Aurora, the state's third largest city.

Maryland Legislature Approves Paraphernalia Decriminalization. In what was largely a housekeeping move after the state decriminalized marijuana possession last year, the legislature has approved a bill decriminalizing the tools used to smoke it. The measure is Senate Bill 456. It won final approval in the House Saturday and now goes to the governor's desk.

Missouri Bill to Free Marijuana Lifer Advances. A bill that would  free Jeff Mizanskey, who is doing life without parole in state prison for a marijuana offense, has advanced. The measure, HB 978, passed the House Select Committee on the Judiciary last week, but amended it so that Mizanskey is not automatically set free, but instead will be able to seek parole. The bill now awaits a House floor vote.

Washington House Approves Bill to Reconcile Medical, Recreational Marijuana Systems. The House last Friday approved Senate Bill 5052, which has already passed the Senate. But because the House amended it, it will have to go back to the upper chamber for a final vote. The bill would create a patient registry, eliminate the current collective garden structure and replace it with four-person growing cooperatives, and require state regulators to use a merit-based system for granting marijuana business licenses, which should help out collective gardens trying to go recreational. The patient registry would be voluntary, but people would have to sign up if they wanted to avoid having to pay taxes on their medical marijuana purchases.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) today introduced a bill to legalize marijuana. The bill would create a 25% excise tax on marijuana sales. The bill is not yet available on the legislative website, but she authored a similar bill last year. That bill went nowhere in the Republican-controlled legislature, and this one is expected to meet the same fate.

Medical Marijuana

Florida CBD Cannabis Oil Regulation Bill Wins Committee Vote. The bill, Senate Bill 7066, would expand the number of businesses that could participate from five to 20. It was approved by the Senate Rules Committee, but without addressing complaints from black farmers that they had been shut out of the process. It now goes to the Senate floor.

Hemp

New Mexico Governor Vetoes Industrial Hemp Bill. Gov. Susana Martinez last Friday vetoed a bill that would have allowed research into industrial hemp. The bill, Senate Bill 94, was filed by Sen. Cisco McSorley (D-Albuquerque), a political foe of Martinez, and McSorley said he thought the veto was "political payback."

Drug Policy

Rand Paul Attacks the Drug War. The junior Republican senator from Kentucky who is seeking the GOP presidential nomination used a speech in Las Vegas last Saturday to blast the drug war. "The War on Drugs has created a culture of violence and puts police in an impossible situation," Paul said. "It has fostered tension in our inner cities. There is an undercurrent of unease in our country." He also argued that ongoing racial tensions stem in part from unfairness in the laws and their enforcement. "Criminal justice reform is not a black problem or a white problem," Paul said. "Everyone should be treated the same under the laws of this country regardless of what religion they are, what color their skin is or how poor they are."

International

British Labor Party's Election Manifesto Hints It May Shift Slightly on Drug Policy. Even though Labor has attacked the Liberal Democrats as "soft on drugs" during the run-up to British elections, Labor's own election manifesto hints that it, too, may be softening. The manifesto says that taxpayers pay the cost of "drink and drug misuse" and offers "early years intervention" -- not more arrests and more imprisonment -- as a solution. "We know drug addiction continues to be a major cause of crime," the manifesto says. "We will ensure drug treatment services focus on the root causes of addiction, with proper integration between health, police and local authorities in the commissioning of treatment." Again, the emphasis is on treatment, not punishment. Labor appears unwilling to continue with its "tough on drugs" approach, but also unwilling to forthrightly articulate a more liberal approach.

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

To the Bitter End: The 9 States Where Marijuana Will Be Legalized Last [FEATURE]

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

Marijuana prohibition in the US is dying, but it isn't going to vanish in one fell swoop. Even if Congress were to repeal federal pot prohibition, state laws criminalizing the plant and its users would still be in effect -- at least in some states.

Meet the most bud-unfriendly states. (wikimedia.org)
And it's probably a pretty safe bet that Congress isn't going to act until a good number of states, maybe more than half, have already legalized it. That process is already underway and is likely to gather real momentum by the time election day 2016 is over.

Colorado and Washington led the way in 2012, followed by Alaska, Oregon, and Washington, DC, last year. California, where one out of every eight Americans lives, is very likely to go green in 2016 via the initiative process, and so are a handful of other states, including Maine, Massachusetts, and Nevada. Longer shots next year (or even this year, in Ohio's case) are Arizona, Michigan, Missouri, Ohio, and Rhode Islane.

But just as the end of federal alcohol prohibition in 1933 didn't mean the end of state-level prohibition -- Mississippi didn't end it until 1966, you couldn't drink in a bar in Kansas until 1987, and dry counties remain in a number of states -- ending federal marijuana prohibition isn't going to magically make it legal everywhere.

There are two critical factors to consider in assessing how likely a state is to get around to freeing the weed: public opinion and access to non-legislative (read: initiative and referendum) political remedies.

Opinion polls consistently show stronger support for legalization in the West and the Northeast than in the Midwest and the South. But barring access to the initiative process -- which only half the states have -- means that even in states where public opinion strongly favors legalization, residents are going to be beholden to the legislature to get it done. Note that so far, every state that has legalized it has done it through the initiative process. That could change this year, but it seems unlikely at this point.

But even having the initiative process isn't going to help if popular support is lacking. That's why some states make the list even though they have the initiative process. And even having public opinion on your side isn't going to guarantee victory in the legislature, especially if the Republicans are in control.

Here are the nine states least likely to legalize it anytime soon and, after that, a few brief notes on a handful of states:

  1. Alabama. This Heart of Dixie state still has several dry counties and about a third of the counties in the state are either partially dry or have localities that are dry. Although Democrats hold some local offices, Republicans dominate state elected offices and the state legislature. The state has no initiative process, and the legislature has so far failed to pass even medical marijuana legislation.
  2. Idaho. This heavily Mormon-influenced state has the initiative process, but so far even campaigners for medical marijuana haven't been able to qualify a measure for the ballot, so it's hard to see how they could get a legalization initiative on the ballot, let alone pass it. An Idaho Politics Weekly poll from February shows what an uphill battle it is. Only 33% of respondents favored legalization, with 64% opposed (and 53% "strongly" opposed). And the conservative Republican legislature is more concerned with fending off sharia law than legalizing pot, although it did manage to pass one of those no-THC, high-CBD cannabis oil bills this eyar.
  3. Kansas. Another state dominated by Republicans, with no initiative process, and little popular support for legalization, anyway. An October 2014 poll showed only 31% in favor of legalization and, distressingly, an ever larger percentage (33%) saying marijuana possession should be a felony. While voters in Wichita this week approved a municipal initiative decriminalizing pot, the state attorney general has already asked the state Supreme Court to overturn it. Kansas is another one of those states where the legacy of alcohol prohibition lingers, too: Almost all of its counties are either dry or semi-dry. Be glad you're not in Kansas anymore, Dorothy.
  4. Louisiana. The state has some of the country's harshest marijuana laws, including up to 20 years in prison for repeat possession offenders and up to life in prison for pot possession if the person has a previous felony. Efforts have been afoot in the state legislature for several years to fix those draconian laws, but have so far gone nowhere. An October 2014 poll showed roughly two-thirds supported fixing those laws, but that hasn't yet influenced Baton Rouge. Tellingly, the poll didn't even ask whether respondents supported legalization. And there is no initiative process, anyway. In Louisiana, not sending people to life for marijuana would be progress.
  5. North Dakota. At the top of that geographical tier of Great Plains states destined to be a bastion of reaction on marijuana legalization, the agricultural state has approved industrial hemp production (in part because North Dakota farmers can see their Canadian counterparts just across the border profiting from it), but is unwilling to move even on medical marijuana, let alone legalization. The legislature this year killed a bill to even study legalizing medical, and an effort last year to put a medical marijuana initiative on the ballot couldn't manage to qualify. An October 2014 poll found that even medical marijuana couldn't get majority support (47%), and the prospects for legalization were even grimmer. Only 24% supported legalization, with 68% opposed.
  6. Oklahoma. Good luck. The state government is dominated by Republicans and is one of the most conservative in the country. The state has the initiative process and state Sen. Connie Johnson (D-Oklahoma City) is likely to try again to get it on the ballot next year, but even if it were to make the ballot, it would likely get creamed. A poll this month found only 31% for legalization. This is also one of those states where alcohol prohibition still lives on; about a third of the state's counties are completely dry.
  7. South Carolina. There is no initiative process here, so it will be up to the legislature, which is controlled by Republicans. The legislature passed a no-THC, high-CBD cannabis oil last year, and Republican lawmakers have introduced medical marijuana and decriminalization bills this year, but they have yet to pass. The Palmetto Politics Poll last July barely had majority support for medical marijuana (53%), and didn't even bother to ask about legalization.
  8. South Dakota. The state has the initiative process, but it also has the dubious distinction of being the only state to twice defeat medical marijuana at the polls. The Republican-controlled legislature has repeatedly refused to act on medical marijuana bills and didn't even consider any marijuana reform bills this year. There is no recent polling on support for legalization, and given the performance of medical marijuana initiatives, even if a legalization initiative were to qualify for the ballot, it would get crushed.
  9. Utah. The Mormon heartland, another state where Republicans dominate the legislature and the executive branch, and another state where the only legislative concession to pot law reform has been the passage of a no-THC, high-CBD cannabis oil bill. A March poll found 72% of Utahns supported medical marijuana, but that didn't stop the legislature from quickly killing a medical marijuana bill this year. That poll didn't ask about legalization; the last one that did, from 2013, was not encouraging: It had 57% opposed to legalization. Utah has the initiative process, but that won't be much good until Utahns get on board with legalization.

Why Some States Didn't Make the Bottom 9

There are several states that some might have expected to see on this list, but who I think may surprise us and come around more quickly.

In the South and Mid-South, Mississippi and Arkansas would seem like good candidates to be among the last to legalize, but both states have the initiative process and some associated activism around it. They still have to get public opinion on their side, but they can circumvent sclerotic legislatures once they do. And there is hope that demographic trends will turn Georgia, of all the Deep South states, into a place where marijuana can be legalized at the state house before the bitter end.

On the Great Plains, Nebraska is the only state from Texas to Canada that didn't make the bottom nine. It's certainly as solidly conservative as the others and it just hates legalization next door in Colorado, but this is a state that decriminalized weed nearly 40 years ago. Perhaps one of these days, Cornhuskers will wake up and remember that.

In the Intermountain West, Montana and Wyoming share many of the same political and cultural characteristics as Idaho and Utah, but the influence of the Mormon Church isn't nearly as strong. Montana has the initiative process and has used it to approve medical marijuana, only to see that rolled back by Republicans and Christian conservatives. Wyoming also has the initiative process. In both states it will be a struggle between deeply rooted Western individualistic libertarian notions and equally deeply rooted Christian conservativism.

Alright, then. We'll have to check back in 2026 or so and see how prescient this was.

Chronicle AM: Obama Talks Ganja in Jamaica, NM Ends Policing for Profit, More (4/10/15)

President Obama talks ganja in Jamaica, a federal banking official talks shop in Colorado, New Mexico takes a historic step to end civil asset forfeiture, and more.

Marijuana Policy

Rastaman Queries Obama on Marijuana Policy. At a town hall event in Kingston, Jamaica, a dreadlocked Rastafarian asked President Obama about legalizing marijuana. "Give thanks! Yes greetings Mr. President," said the man, "Life and blessings on you and your family. My name is Miguel Williams but you can call I and I 'steppa'... That is quite sufficient, ya man." Williams then set out the case for legalization and asked if Obama would champion it. "How did I anticipate this question?" was Obama's joking response. "Well, there is the issue of legalization of marijuana and then there is the issue of decriminalizing or dealing with the incarceration in some cases devastation of communities as a consequence of nonviolent drug offenses," Obama said. "I am a very strong believer that the path that we have taken in the United States in the so-called 'war on drugs' has been so heavy in emphasizing incarceration that it has been counterproductive," he said to some applause. But he didn't address the question of whether the US should legalize, only whether it would. "I do not foresee, any time soon, Congress changing the law at a national basis," he said.

Federal Banking Official Meets With Colorado Pot Shops. Kansas City Federal Reserve President Esther George met with marijuana business owners in Denver Thursday to discuss vexing access to banking issues with proprietors. But she gave no indication that the industry is on the verge of gaining increased access to financial services. Click the link for more details.

Kansas Attorney General Asks State Supreme Court to Undo Wichita Decriminalization Vote. Attorney General Derek Schmidt has asked the high court to strike down the decriminalization ballot measure approved by Wichita voters on Tuesday. In a court filing Thursday, Schmidt argued that the ordinance would conflict with state law, that it would give unlawful direction to police and judges, and that the initiative was not properly filed because it did not contain a "be it ordained" clause required by state law.

Oregon Edibles Could Be Delayed. Oregon pot shops should be open by early next year, but don't expect to find any edibles in them, at least at first. The Oregon Liquor Control Commission has asked the legislature for the okay to delay licensing of edibles manufacturers, citing the complexities around the issue. Edibles may not be available until 2017.

Medical Marijuana

Colorado Bill to Let Parolees, Probationers Use Medical Marijuana Advances. The House Judiciary Committee unanimously approved a bill Thursday that would allow people on probation or parole use to medical marijuana. The change wouldn't apply, however, to people whose crimes were related to marijuana. The measure is House Bill 1267.

Los Angeles City Attorney Says 500 Unpermitted Dispensaries Shut Down. City Attorney Mike Feuer said Thursday that his office has closed down 500 unpermitted dispensaries since the city voted two years ago to cap their number at about 130. But he conceded that hundreds more still operate.

Asset Forfeiture

New Mexico Ends Civil Asset Forfeiture. In a historic move, New Mexico Gov. Susana Martinez (R) today signed into law a bill that will end civil asset forfeiture by law enforcement in the state, a practice widely known as "policing for profit." The measure is House Bill 560. Click on the title link for more details.

Law Enforcement

California Bill Would Allow Immigrant Drug Offenders to Get Treatment, Avoid Deportation. A bill proposed by Assemblywoman Susan Talamantes Eggman (D-Stockton) would let people charged with drug possession and other low-level drug offenses to opt for drug treatment ahead of taking a plea and see their charges dropped if they complete treatment. The bill is designed to block the deportation under federal law of long-time resident immigrants because they have a drug conviction. The bill is Assembly Bill 1351. It is currently before the Assembly Public Safety Committee.

Chronicle AM: Third MI Init, TX MJ Bill Hearings, Drug Czar Touts Needle Exchanges, More (4/9/15)

An Alaska marijuana regulation bill continues its slow advance, another Michigan legalization initiative effort emerges, Texas pot bills get a hearing, the DEA recommends tripling the federal research marijuana crop, and more.

Drug czar Michael Botticelli touts needle exchang programs. (whitehouse.gov)
Marijuana Policy

Alaska Marijuana Regulation Bill Advances. The House Judiciary Committee Wednesday approved a bill to create a marijuana control board to govern the state's soon-to-be legal pot industry. The committee advanced the bill, House Bill 123, without adopting amendments that would have barred people with felony convictions within the past five years or misdemeanor drug convictions within the past three years from getting licenses. The bill now goes to the House Finance Committee.

Michigan Legalization Initiative Group Files Proposed Language. The Michigan Cannabis Coalition today submitted proposed language to state officials for review. The coalition is one of three groups considering a 2016 legalization initiative. If approved for signature-gathering, initiatives would have to come up with some 250,000 valid voter signatures within 180 days to qualify for the 2016 ballot.

Texas Marijuana Reform Bills Get Hearing. The House Criminal Jurisprudence Committee ran late into the night last night hearing impassioned testimony on a set of bills aimed at decriminalizing marijuana. The main bill is House Bill 507, by Rep. Joe Moody (D-El Paso), which would make possession of less than an ounce a civil infraction. Another bill, House Bill 325, from Rep. Gene Wu (D-Houston) would make possession of less than a third of an ounce a Class C misdemeanor, the least serious criminal offense. Yet another bill, House Bill 414, from Rep. Harold Dutton (D-Houston) would make possession of less than an ounce a Class C misdemeanor, while House Bill 1115, from Rep. Senfronia Thompson (D-Houston) would keep pot possession a misdemeanor, but would require police to cite and release anyone caught with less than four ounces. Finally, House Bill 2165, from Rep. David Simpson (R-Longview) would remove all marijuana prohibition laws from the books. No votes were taken.

Wichita Seeks Court Ruling on Legality of Local Decriminalization. The city has filed a petition for declaratory judgment in local district court asking the court to rule on the legality of enacting a decriminalization ordinance approved Tuesday by voters. State Attorney General Derek Schmidt said last month that the ordinance would have no effect, and he's also warned the city that he would be required to sue to enforce state law.

Medical Marijuana

DEA Recommends Government Triple Amount of Marijuana Grown for Research. The DEA recommended Wednesday that the government produce nearly 900 pounds of marijuana for research this year, more than three times the amount the agency had estimated it would need. The increase is because of "unanticipated medical, scientific, research, and industrial needs of the United States," the agency said in a notice published in the Federal Register.

Tennessee Medical Marijuana Bill Dead for This Year. Both the Senate Health and Welfare Committee and the House Health Committee voted to kill pending medical marijuana bills this week. Both committees, however, agreed to create summer study committees to look at the legislation.

Asset Forfeiture

Florida Senate Panel Takes Up Asset Forfeiture Bill. The Senate Appropriations Subcommittee on Criminal and Civil Justice today took up Senate Bill 1534, from Sen. Jeff Brandes (R-Tampa). The bill would limit law enforcement to using seized funds only to reimburse themselves for the cost of holding seized property, with the rest going into the Crimes Compensation Trust Fund.

Harm Reduction

Drug Czar Touts Needle Exchange Programs in Kentucky Visit. Director of the Office of National Drug Control (ONDCP -- the drug czar's office) Michael Botticelli touted needle exchange programs as a means of reducing the spread of infectious diseases and to steer drug users toward treatment in a visit to Kentucky Wednesday. He said the program also reduce the danger of law enforcement getting stuck with dirty needles. Kentucky lawmakers just passed an anti-heroin bill that will allow for needle exchanges, and a nearby Ohio county just started an emergency needle exchange to combat an HIV outbreak.

International

Chile Harvests First Medical Marijuana Crop. TV cameras were on hand in Santiago Wednesday as the country's first permitted medical marijuana crop was harvested. Chilean health officials last fall gave the okay. The therapeutic Daya Foundation will produce cannabis oils from the plants and provide them to 200 selected cancer patients.

Medical Marijuana Update

Key congressmen stick up for California's dispensaries, an Idaho CBD bill passes, an Indiana CBD bill fails, the Arizona Supreme Court allows parolees to use medical marijuana, and more.

National

Last Thursday, two key congressmen rejected DOJ claims that it can still prosecute California dispensaries. Reps. Sam Farr (D-CA) and Dana Rohrabacher (R-CA), authors of the successful congressional budget amendment protecting medical marijuana in states where it is legal, have rejected Justice Department claims that it can still go after dispensaries in California. "The Justice Department's interpretation of the amendment defies logic," Farr said. "No reasonable person thinks prosecuting patients doesn't interfere with a state's medical marijuana laws. Lawyers can try to mince words but Congress was clear: Stop going after patients and dispensaries." A Rohrabacher spokesman added that "the congressman believes the amendment's language is perfectly clear and that the DOJ's self-referential interpretation is emphatically wrong."

Alabama

Last Wednesday, a full-blown medical marijuana bill was filed. Sen. Bobby Singleton (D-Greensboro) filed Senate Bill 326, which would allow doctors to recommend medical marijuana to patients and which has a unique scheme setting three levels of allowable amounts possessed. The bill would allow one dispensary in cities with a population of 10,000 or more and two dispensaries in cities with a population of 150,000 or more. Companion legislation is expected to be filed in the House by Rep. John Rogers (D-Birmingham).

Arizona

On Tuesday, the state Supreme Court ruled that probationers and parolees can use medical marijuana. In two rulings, the state high court barred courts and prosecutors from denying registered patients the right to use medical marijuana while on probation. The cases are Arizona v. Farrell and Reed-Kaliher v. Arizona.

California

Last Tuesday, the Fresno city council approved the indoor cultivation of up to four plants. That's a change from the total ban on cultivation it passed last year. Still, patients expressed reservations about whether four plants would be sufficient. The council must approve the measure one more time before it becomes law.

Last Friday, a Yuba County judge denied a temporary restraining order against the county sought by medical marijuana growers. The Yuba Patients Coalition and six growers had sought to undo an "urgency" designation with the county's cultivation ordinance that eliminated a period for signature-gathering for a referendum challenging the ordinance. The growers said they will appeal.

On Tuesday, the State Water Board issued best practice guidelines for marijuana cultivation. The effort includes a "Know Before You Grow" brochures and a "Pesticide Use on Marijuana" research paper. Click on the link for much more.

Connecticut

On Monday, a legislative committee approved expanding the medical marijuana program.The committee endorsed Senate Bill 1064 after lengthy debate. The bill would be a significant expansion of the state's medical marijuana system and would allow children with specified diseases to participate, but they wold be limited to using low-THC, high-CBD cannabis oils. The bill now goes to the full Senate for consideration.

Florida

Last Friday, the state's CBD implementation bill faced more problems. A bill trying to get the state's CBD cannabis oil law, passed last year, actually implemented is now facing a new challenge: how to give black farmers a fair shot at growing the new crop. The existing law only allows farms that have been in existence for at least 30 years and that grow 400,000 plants or more to apply for one of five licenses to cultivate and distribute the crop. But hundreds of black farmers say they are being cut out of the deal because 30 years ago, they were still fighting with the US Department of Agriculture over discriminatory lending practices and weren't yet in business. The sponsor of both last year's successful bill and this year's implementation bill, Sen. Rob Bradley (R-Fleming Island), said he would attempt to address the issue. The bill is Senate Bill 7066.

Idaho

Last Monday, the CBD cannabis oil bill came back from the dead. The bill, Senate Bill 1146, was killed on a tie vote in the House State Affairs Committee Monday, but the committee has agreed to reconsider it and was set to meet today for further discussion on it. If it passes the committee, it could go to a House floor vote tomorrow.

Last Thursday, it passed the Senate. The bill was killed in committee on Monday, but brought back to life Thursday and passed the Senate today. Senate Bill 1146would allow for the use of CBD for "intractable seizure disorder." It won the support of all seven Democratic state senators and 15 of 27 Republican state senators.

Last Friday, it passed the House. A bill that appeared dead only a week ago has now passed both houses of the legislature and heads for the desk of Gov. Butch Otter (R). The bill is Senate Bill 1146.

Illinois

On Monday, officials began pondering whether to add 14 new qualifying conditions. The state Medical Cannabis Advisory Board is now reviewing 22 petitions requesting the addition of some 14 diseases or medical conditions to the list of those that qualify for medical marijuana. The board will hold a hearing in May and then make recommendations to the director of the Department of Publich Health, who will make the ultimate decision. Click on the link to see the whole list.

Indiana

On Tuesday, a CBD cannabis oil bill was killed. A bill to allow for the use of CBD cannabis oil to treat children with epilepsy sailed through the House earlier this session, but was killed by a Senate committee vote Tuesday after prosecutors opposed it, saying it was similar to legalizing medical marijuana.

Massachusetts

On Wednesday, the state announced it was revamping the application process for dispensaries. The state Department of Public Health (DPH) today announced significant changes to the Commonwealth's Medical Marijuana Dispensary program first authorized in 2012. The revised process will license Registered Marijuana Dispensaries (RMD) in a format similar to other healthcare facilities, such as pharmacies, which DPH also administers. This process will phase out the current use of state procurement policies to register a dispensary. Click on the link for more details.

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

Chronicle AM: FL, OH, PA Poll Tight Majority for MJ Legalization, Needle Exchange, More (4/6/15)

Quinnipiac University polls in three big states show narrow majorities for marijuana legalization, medical marijuana and overdose prevention bills get filed in Alabama, Egypt's tobacco traders want to legalize and tax hash, and more.

Marijuana Policy

At Hash Bash, Michigan Lawmaker Says He Will File Legalization Bill. Tommy Chong got the biggest cheers at Ann Arbor's 44th Annual Hash Bash Saturday, but hometown Rep. Jim Irwin (D-Ann Arbor) may have a bigger impact on marijuana politics in the state. He told the Hash Bash crowd he would introduce a legalization bill. He said he was in the process of drafting the legislation.

Florida Poll Has Support for Legalization at 52%. A new Quinnipiac University poll has found majority support for marijuana legalization in the Sunshine State, with 52% of registered voters in favor and 44% opposed. Medical marijuana won overwhelming support, too, with 84% saying they favored it.

Ohio Poll Has Support for Legalization at 52%. A new Quinnipiac University poll has found majority support for marijuana legalization in the Buckeye State, with 52% of registered voters in favor and 44% opposed. Medical marijuana won overwhelming support, too, with 84% saying they favored it. The poll comes as at least two different groups seek to place legalization measures on the 2016 general election ballot.

Pennsylvania Poll Has Support for Legalization at 51%. A new Quinnipiac University poll has majority support for marijuana legalization in the Keystone State, with 51% of registered voters in favor and 45% opposed. Medical marijuana won overwhelming support, too, with 88% saying they favored it. A medical marijuana bill is in play in Harrisburg.

Washington Senate Approves 37% Marijuana Sales Tax. The state Senate last Friday approved Senate Bill 6062, which would remove the excise tax on pot producers and processors and replace it with a 37% tax on retail sales. The measure passed 26-22 and now heads to the House.

Medical Marijuana

Alabama Medical Marijuana Bill Filed. Sen. Bobby Singleton (D-Greensboro) last week filed Senate Bill 326, which would allow doctors to recommend medical marijuana to patients and which has a unique scheme setting three levels of allowable amounts possessed. The bill would allow one dispensary in cities with a population of 10,000 or more and two dispensaries in cities with a population of 150,000 or more. Companion legislation is expected to be filed today in the House by Rep. John Rogers (D-Birmingham).

Harm Reduction

Needle Exchange Gets Underway in Southwest Indiana County With HIV Outbreak. A needle exchange program began last Saturday in Scott County, where the state's largest ever HIV outbreak is underway. The move comes after Gov. Mike Pence (R) signed an executive order temporarily suspending the state's ban on needle exchanges, but only in that county.

Alabama Opiate Overdose Reversal Drug Access Bill Filed. Rep. Allen Treadaway (R-Morris) has filed a bill that would allow doctors and dentists to describe the opiate overdose reversal drug naloxone to friends and family members of drug users. The measure is House Bill 208. It would also provide for training for law enforcement agencies that want their officers to carry the drug. The bill also has 911 Good Samaritan provisions.

International

Egyptian Tobacco Trade Group Calls for Hash Legalization, Taxation. The Cairo and Giza Tobacco Traders Association has called for serious study of a proposal to legalize the hash trade and said a 10% tax levied on hash transactions would quickly shrink the national budget deficit. The proposal is currently before the Legislative Reform Committee of the parliament.

Mexican Troop Presence Didn't Stem Drug War Killings, But Aggravated Them, Study Finds. A new study published on the website of The American Statistician found that the arrival of Mexican troops to areas with high rates of drug cartel violence did not lower homicide rates but increased them, at least in the short run. Longer-term decreases in violence could be attributed to increased civic engagement, not the presence of soldiers.

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