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Here Comes the Big One: The ReformCA Marijuana Legalization Initiative [FEATURE]

The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.

The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs.

"We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot," ReformCA said. "We engaged in extensive discussions with thousands of stakeholders across California, including community leaders, activists, elected officials, city and county employees and locals."

ReformCA also consulted with the California NAACP, the Latino Voters' Leagues, Law Enforcement Against Prohibition, and medical, health care and environmental groups. It took part in lengthy discussions with the Drafting Advisory Group, which includes state and national activist and industry groups, including the Drug Policy Alliance, the Marijuana Policy Project, Americans for Safe Access, the California Cannabis Industry Association, the Greater Los Angeles Collective Alliance, the Emerald Growers Association, New Approach, the Harborside Group, and the Council on Responsible Cannabis Regulation.

"We've filed our proposed initiative language based on the policy priorities and common sense reforms Californians have been asking for for six years now" and the Manatt, Phelp and Phillips Law Firm has created "an elegant policy document," ReformCA said, adding that it was crafted to comport with the guidelines laid down by pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy and to complement the statewide medical marijuana regulation scheme approved last month by the legislature.

A handful of other legalization initiatives have already been filed, and some are approved for signature gathering, but there isn't much sign that any of them have the bucks or the organization to get the job done. It takes some 365,000 valid voter signatures to qualify for the November 2016 elections, a number that means paid signature gathering at a cost that could run a million dollars or more.

And that's just to get on the ballot. With 38 million residents and some of the country's largest media markets, California is an expensive place to run an initiative advertising campaign -- as in $10 million or $20 million or more.

Let the campaign begin! (reformca.com)
There is money out there, and unlike 2010, when Richard Lee's Proposition 19 came up short, both financially and at the polls, the state's already existing legal (medical) marijuana industry looks to be gearing up to help. Earlier this year, Weedmaps.com contributed $2 million toward the cause, with half going to an initiative campaign committee that will spend it on the initiative it likes best. The other half is going to a PAC that will work to elect pro-legalization candidates. Facebook cofounder Sean Parker, who did support Prop 19, says he will probably invest in a legalization initiative, too.

But if, as expected, both the Drug Policy Alliance and the Marijuana Policy Project get behind the ReformCA initiative -- they were a teensy bit nervous last week -- that should help open the floodgates and pave the way to getting those signatures and making the ballot.

This is a first draft of the initiative, and the campaign is seeking feedback before filing a final version, but only until midnight Pacific Time this Wednesday. Here's what it will do:

  • Personal Use and Cultivation. Legalizes possession of up to an ounce by people 21 and over and allows for personal cultivation of up to 100 square feet and the possession of "the results of lawfully harvested homegrown cannabis."
  • Unlawful Acts. A $100 fine for minors possessing or sharing not more than an ounce with other minors; a $500 fine for adults providing less than an ounce to minors, for minors who possess more than an ounce but less than a pound, for adults who possess more than an ounce, for public consumption, and for smoking up in a moving vehicle; either a misdemeanor or infraction (prosecutor's choice) for possessing more than a pound, selling more than an ounce but less than a pound, growing marijuana beyond 100 square feet without a license or as a minor; a felony for providing pot to minors under 18, distribution to other states, growing on federal or state protected lands, or engaging in violence.
  • Driving. No measuring metabolites. Instead: "A person shall be deemed to be under the influence of cannabis if, as a result of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle or operate a vessel with the caution of a sober person, using ordinary care, under similar circumstances. This standard shall be the sole standard used in determining driving under the influence allegations."
  • Employment. Does not affect employers' ability to fire employees for marijuana use.
  • Medical Marijuana. With limited exceptions, "does not infringe upon the protections granted under the Compassionate Use Act of 1996," grants business licenses to existing, compliant medical marijuana businesses.
  • Regulated Marijuana Commerce. Establishes the California Cannabis Commission and the Office of Cannabis Regulatory Affairs to regulate and rule-make; envisions licenses for cultivation, nursery, manufacturing, distribution, transportation, retail, and testing enterprises.
  • Local Control. Cities and counties can ban marijuana commerce, including retail outlets, but not delivery services, but only by popular vote -- not by executive or legislative action. This means the default position is "no ban."Localities cannot ban personal cultivation.
  • Taxation. Tax on cultivators of $2 per square foot licensed; production tax paid by first purchaser of $15 an ounce ($5 an ounce for first 500 pounds from small producers); 10% retail sales tax -- half to the state and half to the locality.

Remember this is just the draft, but ReformCA is finally out of the gate. California should join the ranks of the legalization states next year, and the Control, Regulate and Tax Cannabis Act of 2016 is the most likely vehicle.

Oakland, CA 95472
United States

Chronicle AM: Midwest Marijuana, Clinton Looks Abroad to Fight Heroin, Dan Rush Indicted, More (9/21/15)

Michigan has two legalization initiative campaigns and now it has a legalization bill, Ohio's legalization initiative ballot language is set, a key UFCW organizer gets indicted, Chuck Schumer calls on the DEA to do something about Chinese drug sales websites, and more.

Hilary Clinton hints at eradication and interdiction to fight heroin. (state.gov)
Marijuana Policy

Florida Rep Files Five Nanogram Drugged Driving Bill. Rep. David Kerner (D-Lake Worth) has filed House Bill 161, which would make driving with more than five nanograms of THC per milliliter of blood a drugged driving offense. The bill is named after teenager Naomi Pomerance, who died in a traffic accident last year in which the driver of the scooter on which she was riding was high on marijuana and ran a red light.

Michigan Legalization Bill Filed. Rep. Jeff Irwin (D-Ann Arbor) and six cosponsors have filed House Bill 4877 to bring full-fledged marijuana legalization to the state. The move comes as two groups are working to put legalization initiatives on the 2016 ballot.

Ohio Ballot Board Revises Legalization Initiative Ballot Language to Remove "Misleading" Characterizations. On orders from the state Supreme Court to fix "misleading" ballot language after ResponsibleOhio challenged the original version, the state Ballot Board has revised its ballot wording to describe the initiative. The ballot title, which ResponsibleOhio had also challenged, will, however, stand. It reads: "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes." The campaign had challenged the use of "monopoly" and would have preferred "personal" instead of "recreational" use.

Ohio ACLU Endorses ResponsibleOhio Initiative. The ACLU of Ohio is getting behind the controversial legalization initiative because it would "begin to move our state away from senseless, wasteful drug prohibition toward a system that is supervised, safe, efficient, legal, and operating under regulatory oversight," the group said.

Washington State Teens Do Not Face Felonies for Marijuana Possession. After reports last week that an eastern Washington prosecutor had charged three teens with felonies for marijuana possession, saying that a new law designed to regulate medical marijuana demanded the charges, the air has cleared. The new law, Senate Bill 5052, does not require that teens be charged with felonies for possessing less than 40 grams, and the prosecutor has now dropped the felony charges. Interesting take on all this at the title link.

Medical Marijuana

Feds Indict Union Organizer on Corruption Charges. Dan Rush, marijuana industry organizer for the United Food and Commercial Workers (UFCW), was indicted on federal corruption, attempted extortion, and money laundering charges in Oakland last Thursday. Rush is accused of using his position "to obtain money and other things" over a five-year period. He is accused of taking kickbacks from an attorney for referring medical marijuana business clients to him and of accepting $550,000 in debt forgiveness from a dispensary operator (who was also acting as an FBI informant at the time). Rush and his attorneys have denied the charges.

Connecticut Dispensaries Move a Step Nearer. The state Department of Consumer Protection announced last Friday that it has received 19 new applications for dispensaries in response to its June request. Three dispensaries will be selected to operate in New Haven or Fairfield counties.

Florida Initiative Organizers Say They Have Half a Million Signatures. The United for Care campaign to put medical marijuana on the ballot last year reports that it has already gathered 500,000 signatures. They need 683,149 valid voter signatures by February 1 to qualify. This is the same group that was behind the 2014 medical marijuana initiative, which garnered 58% of the vote, but came up short because constitutional amendments require 60% to pass.

Heroin and Prescription Opiates

Hillary Clinton Would Take War on Heroin Beyond US Borders. In an interview with WMUR radio in New Hampshire, the Democratic presidential contender said she would take the fight against heroin beyond the US border if necessary. "I think you have to," responded Clinton. "This has to be a comprehensive strategy. And we know that this cheap heroin that is killing so many people is coming across our border." Interdiction and eradication have long been favorite drug war strategies, but have not proven very effective.

Drug Testing

South Dakota Tribal Chairman Gets Job Back After Drug Testing Brouhaha. Sisseton-Wahpeton Oyate Tribal Chairman Bruce Renville was reinstated last Friday after being suspended for imposing drug testing on all tribal employees. In his zeal to get a grip on alcohol and drug abuse on the reservation, Renville went beyond the letter of the law. Employees who tested positive will not be punished.

Law Enforcement

Chuck Schumer Calls on DEA to Crack Down on China Drug Websites. Responding to concerns over synthetic cannabinoids, the New York Democrat is calling on the DEA to form a special unit to identify Chinese websites doing bulk sales of new psychoactive substances and ban credit card companies from doing business with them. "By simply telling the credit card companies not to deal with these sites, we can shut them down," Schumer said. "When you buy a synthetic drug, you give a credit card number. You can go on your iPhone right now and pull up some of these websites. They say 'We take Visa.' Visa would no longer take them. None of the credit card companies would take them. We could strangle them."

(This article was prepared by StoptheDrugWar.org's lobbying arm, the 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: Judge Throws Out More Philly Cases, India Shiva Pilgrims Toke Up, More (8/7/15)

An Oregon congressman calls for down-scheduling marijuana, an Oklahoma US senator wants to punish tribes that allow marijuana, Boston's first dispensary is likely coming soon, drug hair-testing for truck drivers edges closer, and more.

Shiva devotees on the Kanwar Yatra pilgrimage to the Ganges are taking full advantage of wild cannabis on the way. (wikimedia)
Marijuana Policy

Rep. Earl Blumenauer Calls for Rescheduling or Descheduling Marijuana. The Oregon Democratic congressman sent a letter to Attorney General Loretta Lynch Thursday urging her to reschedule or de-schedule marijuana under the Controlled Substances Act to reflect science and the government's position on this issue." Blumenauer added that "It is clear to the American people, scientists and researchers that marijuana should not be categorized as a Schedule I drug."

Oklahoma Senator Files Bill to Punish Tribes That Allow Pot. Sen. James Lankford (R-OK) has filed a bill that would cut all federal funds for any Indian tribes or tribal organizations that allow the cultivation, manufacture, or distribution of marijuana on their reservations. The Justice Department earlier this year gave tribes the go ahead to get into the marijuana business if they wanted. Lankford's bill, the KIDS (Keeping Out Illegal Drugs) ACT, is not yet available on the congressional website, but can be viewed here.

Medical Marijuana

First Boston Dispensary Could Open Soon. Patriot Care Corporation has received tentative approval from zoning board officials to open the first dispensary in the city, despite some opposition from locals. After twice delaying a decision, the Zoning Board of Appeals decided Tuesday to grant Patriot Care conditional approval. The state's first dispensary opened in June in Salem.

Drug Testing

Federal Advisory Board Recommends Hair Testing for Truck Drivers. The Substance Abuse and Mental Health Services Administration's (SAMSHA) Drug Testing Advisory Board has recommended that hair testing be approved as an alternative drug screening technique for truck drivers and other "safety-sensitive" federal workers. The recommendation now goes to the head of SAMSHA, and if she approves it, it would then go to the Department of Health and Human Services. Hair drug testing detects drug use for much longer periods of time than urine or blood testing.

Law Enforcement

Philadelphia Judge Throws Out 158 More Convictions Linked to Corrupt Narcs. Philly's dirty narcs may have managed to avoid criminal convictions for their misdeeds, but their actions continue to reverberate through the city's criminal justice system. A city judge today threw out 158 more criminal convictions linked to the narcs, bringing the total of vacated convictions involving the seven officers to 560, and more are on the way. More than 135 civil rights lawsuits have been filed against the city as a result of cases involving the seven narcotics officers.


Indian Shiva Devotees on Pilgrimage Enjoying Roadside Cannabis. Shiva devotees on the Kanwar Yatra pilgrimage route toward the Ganges are staying high on overgrowths of cannabis along the roads. The devotees are big smokers: "Without weed, the yatra remains incomplete," said one. "It brings me closer to Bhole Baba," said another. "Its usage also helps one cover long distances from Haridwar to Meerut on foot, as it keeps the body's energy intact," he added. State officials are supposed to eradicate wild cannabis growth, but are having a hard time: "It has grown almost everywhere. How do we destroy it?" asked one official who declined to be named. Another said that eradication is so ineffective it ought to be decriminalized.

Chronicle AM: Iran Drug Executions Increasing, Feinstein Pressed on MedMJ, OH Pot Politics, More (7/7/15)

Midwest marijuana legalization initiatives make news, Sen. Feinstein feels some heat, some European countries keep giving Iran anti-drug aid despite a rising number of executions, California's governor signs a bill barring discrimination against medical marijuana patients in organ transplants, and more.

Sen. Feinstein is being urged to support medical marijuana. (senate.gov)
Marijuana Policy

Michigan Greens Endorse MILegalize Initiative. The Green Party of Michigan has endorsed the more grassroots of two competing Michigan legalization initiatives, the MILegalize initiative sponsored by the Comprehensive Cannabis Law Reform Committee. The Greens say they like the "craft beer" model in the initiative, as opposed to the "industrial" model adopted by the other active Michigan initiative this year.

ResponsibleOhio "Fresh Start Act" Initiative Certified by Attorney General. ResponsibleOhio, the same people bringing you the controversial "monopoly" marijuana legalization initiative, are also moving forward with an initiative that would expunge the criminal records of people with past marijuana convictions. Their Fresh Start Act initiative has been certified by Attorney General Mike DeWine. It must now be approved by the Ohio Ballot Board for review before signature gathering can begin. It is aiming at the 2016 election.

UFCW Endorses ResponsibleOhio Initiative. The United Food and Commercial Workers (UFCW) said Monday it is supporting the ResponsibleOhio legalization initiative. The UFCW has been organizing industry workers in medical marijuana and legal marijuana states for some years now.

Medical Marijuana

Senator Feinstein Gets Petition Demanding She Get on Board With Marijuana Reform. Marijuana reform advocates led by the Drug Policy Alliance today delivered a petition with 10,000 signatures from people "fed up with Feinstein's well-documented opposition to medical marijuana" to her San Francisco office. They want her to chance her stance. "California has allowed access to medical marijuana for 20 years and the vast majority of Californians support this," said DPA's Amanda Reiman. "It is disappointing that Sen. Feinstein continues to be a lone voice of opposition from California when it comes to supporting medical marijuana patients."

California Governor Signs Medical Marijuana Organ Transplant Bill. Gov. Jerry Brown (D) has signed Assembly Bill 258, which will bar doctors and hospitals from denying organ transplants to medical marijuana patients solely because they use it. Some patients have been denied life-saving organ transplants in the past. The new law goes into effect January 1.

Drug Testing

Connecticut Court Says Urine Drug Testing Rules Don't Apply to Hair Testing. In upholding the dismissal of a man who was fired after a hair follicle drug test came back positive, a state Superior Court judge ruled that regulations that restrict urine drug testing do not apply to hair drug tests, which can detect drug use for months into the past. The court conceded that the disparate protections offered against urine and hair drug testing create a "seemingly irrational inconsistency," but that "the task of changing the law lies with the legislature and not with the judiciary."

Harm Reduction

Maryland Congressman Calls for Price Cuts on Opiate Overdose Reversal Drug. US Rep. Elijah Cummings (D-MD) is accusing the maker of the opiate overdose reversal drug naloxone of "taking advantage of the citizens of Maryland" by overcharging for the drug. On Tuesday, Cummings wrote a letter to Gov. Larry Hogan (R) urging him to reach a deal with the company to reduce the cost of the drug. "I believe the State of Maryland is being overcharged for a critical drug called naloxone that is used by first responders and medical personnel to reverse the life-threatening effects of heroin and other opioid overdoses, and I urge you to make sure that the company charging these prices is not allowed to continue taking advantage of the citizens of Maryland," Cummings wrote. Other states have managed to get discounts from Amphastar Pharmaceuticals after getting aggressive with the company.

Law Enforcement

Massachusetts SWAT Teams Increasingly Used for Minor Drug Raids. Documents made public today by the ACLU of Massachusetts show that SWAT teams in the state are increasingly used to undertake small-time drug raids. The ACLU filed suit against the Northeastern Massachusetts Law Enforcement Council to force it to reveal the records. The records show that of 79 SWAT deployments between 2012 and 2014, 21 were for drug-related search warrants, but that only five resulted in any mention of drug seizures. "The drug hauls are not exactly Pablo Escobar-levels of seriousness," said ACLU's Kate Crockford, referring to the notorious Colombian drug lord. "In one case they found some pills. In another case they found some marijuana. It's important for local communities who pay those police department salaries to understand what's really going on here," she said.


Canadian Electronic Music Festival Organizers Will Offer Free Pill Testing. The Evolve Festival in Nova Scotia is set for this coming weekend, and beginning Friday, people arriving at the festival can submit small samples of their stashes to have them tested. Festival organizers say the move is an effort to reduce harm and overdoses.

European Countries Continue to Fund Iran's Drug War Despite Rampant Resort to Death Penalty. Iran Human Rights reports that nearly 400 people have been executed for drug offenses in Iran this year, accounting for nearly two thirds of all executions. That's not stopping the UN Office on Drugs and Crime (UNODC) and some European countries from continuing to fund Iran's anti-drug efforts. France has provided over a million dollars' worth of aid to the Anti-Narcotics Police, while Germany has contributed more than five million to UNODC projects to train and equip the police. Faced with pressure from campaigners such as the British nonprofit Reprieve, other European countries, including Denmark and Great Britain, have stopped such aid. "Even as Iran's execution rate skyrockets, European nations like France and Germany continue to fund brutal raids by the Iranian police which routinely send people to death row for nonviolent offenses. 7 out of 10 people hanged in Iran this year have been caught in these type of operations, but European funders and the United Nations Office on Drugs and Crime continue to turn a blind eye, and are even considering a new funding deal," said Maya Foa, Director of Reprieve's death penalty team. "It is an untenable hypocrisy for European countries and the UNODC to claim they oppose the death penalty in all circumstances while enabling and encouraging it overseas. If their commitments on the death penalty are to count for anything, they should impose effective and transparent conditions to ensure their aid does not lead to executions."

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

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

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

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

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

Medical Marijuana

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

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

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

Drug Testing

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

Law Enforcement

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


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


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

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

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

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

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

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

Medical Marijuana

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

Law Enforcement

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

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


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

Chronicle AM: Christie Would Roll Back Legalization, Colombia Ex-Prez Says Give Drugs to Addicts, More (6/8/15)

Chris Christie speaks out against marijuana legalization, Ohio officials try to block a legalization initiative, employee hair drug testing becomes the law in Louisiana, a former Colombian president calls for drug legalization and supplying some addicts with drugs, and more.

New Jersey Gov. Chris Christie stands firm against marijuana legalization. (nj.gov)
Marijuana Policy

Chris Christie Would Roll Back Marijuana Legalization. In an interview on CBS's "Face the Nation" Sunday, New Jersey Gov. Chris Christie (R), who is seeking the GOP presidential nomination, said he would move against states where marijuana is legal. Host John Dickerson asked if he would "return the federal prosecutions in these states like Colorado, Washington state" and Christie replied "Yes." Dickerson asked him again, and Christie said "Yes" again. Christie also called the drug war a failure and said he favored increased drug treatment.

Ohio Official Moves to Block Legalization Monopoly. State Auditor David Yost is floating a proposal designed to invalidate the legalization initiative most likely to make the ballot, or at least a provision of it. The controversial ResponsibleOhio measure would divvy up 10 commercial marijuana-growing facilities to people or groups who have already invested in the campaign. Yost has proposed a constitutional amendment that would require future initiatives that have provisions for "special interests" to undergo a two-stage process. If Yost's amendment passed with more votes than ResponsibleOhio's, it would prevent the monopoly provision of the ResponsibleOhio initiative from taking effect (and very possibly the entire initiative). Click on the link for more intricacies.

Medical Marijuana

No Medical Marijuana for Alabama. The legislative session ended last Thursday, and medical marijuana legislation died without action. Again.

Drug Testing

Louisiana Governor Signs Employee Hair Drug Testing Bill. Gov. Bobby Jindal (R) last Friday signed into law a bill that lets employers drug test employees' hair. Hair drug tests can detect use as far back as 90 days, as opposed to two or three days for urine tests (or two or three weeks for marijuana). While employee drug testing is allowed under state law, there were no regulations for hair drug testing in place until the passage of House Bill 379.

SAMHSA Seeks Comments on Hair Testing For Drugs. The Substance Abuse and Mental Health Services Administration (SAMSHA) has published a request for information about hair testing for drugs as it seeks to update and revise standards for laboratory drug testing procedures for federal workers. Click on the link for more details.


UAE Moves to Ban Five New Synthetic Drugs, Three Drug Plants. The United Arab Emirates is moving to ban synthetic cannabinoids, synthetic cathinones, phenethylamine, piperazine and tryptamine, as well as the kava, kratom, and salvia divinorum plants. The Health Ministry has proposed the move, but the Council of State must approve it.

Indonesian Experts Call for Evidence-Based Public Health Response to Drugs. A selection of Indonesian experts and academics has called on the government to commit itself to using scientifically proven public health approaches to drug use and to reject hard line but ineffective strategies, such as forced drug treatment and the use of the death penalty. Click on the link for more.

Colombia Ex-President Calls for Drug Legalization, State to Provide Drugs to Addicts. Former Colombian President Cesar Gaviria, long a critic of drug prohibition, told the Global Commission on Drug Policy last Thursday that some drugs should be legalized and others provided to addicts by the state. Such moves would allow governments to better control their use, he said. Click on the link for more.

(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: Puerto Rico Okays MedMJ, TX Pot Bills Killed, NV Harm Reduction Bill Moves (5/4/15)

The Supreme Court wants to know what the Obama administration thinks about that lawsuit over Colorado's pot law, a Hawaii dispensary bill is back from the dead and being considered today, a Nevada harm reduction bill advances, a federal drug defelonization bill is introduced, and more.

The high court is considering that lawsuit against Colorado. (wikimedia.org)
Marijuana Policy

Supreme Court Asks For Obama Administration Position on Suit Over Colorado Pot Law. The US Supreme Court today asked for the administration's views on the lawsuit filed by Nebraska and Oklahoma against Colorado's marijuana legalization law. This signals that the high court is taking an interest in the case.

Arkansas Attorney General Rejects Wording of Legalization Initiative. Attorney General Leslie Rutledge last Friday rejected the proposed popular name and ballot title of a proposed legalization initiative. "The Arkansas Industrial Hemp and Medical Cannabis Amendment" did not mention any limits on industrial hemp or medical marijuana use, Rutledge said. Petitioners can submit a revised initiative.

Puerto Rico Governor Signs Executive Order Legalizing Medical Marijuana. Puerto Rican Gov. Alejandro Garcia Padilla Sunday signed an executive order legalizing medical marijuana. The move comes after years of discussion in the US island territory.

Medical Marijuana

Hawaii Dispensary Bill Back from the Dead. Negotiations over the dispensary bill, House Bill 321, collapsed last Friday, but after drama over the weekend, a Senate and House conference committee is set to reconsider the bill today. Sixteen of 25 senators had asked for reconsideration after conference committee chair Sen. Josh Green refused to agree to a final version of the bill. Senate President Donna Mercado then threw him off the committee, and Kim and House Speaker Joseph Souki sent out a letter late Friday saying the bill would be reconsidered today. Click on the link for all the juicy details.

Illinois Advisory Board Votes Against Adding Anxiety and Diabetes. The board has rejected adding anxiety and diabetes to the list of qualifying conditions and diseases, but is still considering whether to add Post-Traumatic Stress Disorder (PTSD).

ACLU to Sue Over Firing of Rhode Island Medical Marijuana Patient. The ACLU of Rhode Island says it plans to file a complaint against an employer who refuses to hire medical marijuana patients, even though it is legal in the state. Lawsuits challenging the firing of medical marijuana users have been turned away in California and Michigan.

Harm Reduction

Nevada Assembly Approves Bill With 911 Good Samaritan, Opiate Overdose Reversal Drug Provisions. The lower house voted last Friday to approve Senate Bill 459, a harm reduction bill containing both provisions allowing greater access to the opiate overdose reversal drug, naloxone, and provisions that would reduce -- but not remove -- penalties for those who report drug overdoses. The Senate has already approved it, but it needs one last vote there after changes in the Assembly. Gov. Brian Sandoval (R) supports the bill.


Federal Drug Defelonization Bill Filed. Rep. Keith Ellison (D-MN) has filed HR 2153, which would make certain federal drug offenses misdemeanors and eliminate the crack/powder cocaine sentencing disparity. The bill has been assigned to the House Judiciary Committee, the House Energy Committee, and the House Education and Workforce Committee.

Chronicle AM: MT Forfeiture Reform Passes Legislature, IL Pot Decrim Passes House, More (4/24/15)

Decrim advances in Illinois, an Ohio legalization initiative is rolling along, asset forfeiture reform passes in Montana and is now under consideration in Michigan, Vancouver will regulate its dispensaries, and more.

2015 is looking like the year of asset forfeiture reform. (wikipedia.org)
Marijuana Policy

Illinois House Passes Decriminalization Bill. The House Thursday approved House Bill 218, sponsored by Rep. Kathy Cassidy (D-Chicago). The bill would make possession of 15 grams or less an infraction punishable only by a fine of no more than $125. Under current law, people face up to a year in jail for simple possession. The bill now goes to the state Senate.

Ohio Legalization Initiative Making Progress on Signature-Gathering. The Responsible Ohio legalization initiative campaign has gathered more than 180,000 signatures in its effort to put its initiative before voters in November. Buckeye State initiatives need 305,000 valid voter signatures to qualify for the ballot, so the group probably needs to gather something like 400,000 signatures to ensure that disqualifications don't knock it off the ballot. Responsible Ohio says it is aiming even higher -- for 700,000 signatures. They have until July to gather them. A second legalization initiative, aiming at 2016, Ohioans To End Prohibition, is just in the initial phase of its campaign, while a third effort, led by the Ohio Rights Group, says it will not manage to qualify this year and has filed Election Commission complaints claiming that people associated with Responsible Ohio have interfered with its efforts.


Heroin Use Up Sharply in Past Decade, SAMSHA Says. The number of heroin users in the country was stable at around 400,000 between 2002 and 2007, but began increasing in 2008 and reached 681,000 by 2013, according to the Substance Abuse and Mental Health Services Administration (SAMSHA). But that's still less than one-third of 1% of the population. Another 11 million people, or 4% of the population, used prescription pills for off-label reasons.

Asset Forfeiture

Michigan Asset Forfeiture Reform Bill Package Filed. A bipartisan package of eight asset forfeiture reform bills was filed Wednesday with support from the legislature's Republican leadership. One bill would create uniform, mandatory reporting requirements and raise the standard of evidence needed for a seizure from "a preponderance" to "clear and convincing." Another bill would bar seizures of vehicles used by someone buying an ounce of pot or less. The package doesn't include a bill to ban civil asset forfeiture outright, but it's a start.

Montana Legislature Passes Bill Ending Civil Asset Forfeiture. A bill that would end civil asset forfeiture passed the House Thursday. House Bill 463 had already passed the Senate and now heads for the governor's desk. New Mexico and Wyoming have both passed similar laws this year; the New Mexico governor signed hers, but the Wyoming governor vetoed his.

Drug Testing

Florida ACLU Targets Police Field Drug Tests. The ACLU of Florida is investigating the presumptive field test kits police use to make drug arrests. The move comes just a day after Hillsborough County Public Defender called them "faulty" and "inaccurate." Scientists have reported that kits like the Nark 2 are unreliable, but thousands of people have been arrested on the basis of their field test results.

Louisiana Bill Would Let Employers Drug Test Hair. The House Health Committee Wednesday approved House Bill 379, which would allow employers to use hair drug tests on potential hires. Hair drug tests can detect use going back as far as three months. The bill now heads for a House floor vote.

Law Enforcement

Seattle Doing Mass Arrests to Clean Up Downtown Drug Dealing Police in Seattle have arrested more than a hundred people in two days in a push to clean up open-air drug dealing downtown. The arrests involved undercover officers making marijuana, heroin, meth, and cocaine buys. Prosecutors said they would seek judicial orders barring those people from returning to the area, but that they would seek diversion programs in other cases.


Vancouver Moves to Regulate Marijuana Stores; Ottawa Not Happy. Vancouver has announced plans to regulate the more than 80 unlicensed medical marijuana dispensaries operating in the city, making it the first city in Canada to do so. But the federal Health Minister is warning the city not to do it, saying it would "normalize" marijuana sales.

Drug Cartel Violence Flares in Mexican Border State. Gun battles and arson attacks flared for the second time in a week in Tamaulipas, just across the Rio Grande River from Texas border towns such as Harlingen and Brownsville. The brouhaha broke out after police captured four alleged Gulf Cartel members and included blockades in the town of Altamira. At least two people were killed. Earlier this month, major violence broke out in Reynosa after the arrest of a Gulf Cartel leader. More than 100,000 people are estimated to have been killed in prohibition-related violence since 2006.

Chronicle AM: CO Defends Pot Law, Drug Testing News, Feds Target Reddit Users, More (3/30/15)

Colorado defends marijuana legalization at the Supreme Court, a DC seed sharing event goes big on its second day, pediatricians reject drug testing in schools, two courts set limits on worker drug testing, the feds go after Reddit users over dark web drug sales, and more.

Drug testing took a couple of shots in the courts, and pediatricians say it shouldn't be used in schools. (wikimedia.org)
Marijuana Policy

Alaska House Marijuana Regulation Bill Moves. The House Judiciary Committee has approved a new version of House Bill 79, which defines a municipality's role in regulating pot businesses, sets a maximum household limit of 24 plants, and includes pot clubs in the list of regulated marijuana businesses. The bill also bans public consumption of marijuana.

New Legalization Ballot Campaign Launched in Arizona. Dr. Gina Berman, chair of the Marijuana Policy Project's Arizona legalization initiative campaign, has formed a second ballot committee, Responsible Arizona. It's unclear exactly why, although it could be an effort to blunt opposition to marijuana law reforms from a recently-formed group called Arizonans for Responsible Drug Policy. Responsible Arizona has not yet released a draft initiative.

Kansas Bill to Lessen Pot Penalties Will Get Floor Vote. A bill that would lessen penalties for first- and second-time pot law violators will get a floor vote this session, House Speaker Rep. Ray Merrick (R-Stilwell) has confirmed. The measure, sponsored by Rep. John Rubin (R-Shawnee), would make second-time possession a misdemeanor with no jail time, as opposed to the up-to-42 months the charge now carries.  

DC Seed Sharing Event Draws Thousands on Day Two. People lined up for blocks around the DC Cannabis Campaign headquarters in Adams Morgan Saturday to get marijuana seeds. The second day of the "seed sharing" event was even more successful than the first.

Colorado Defends Marijuana Legalization at the Supreme Court. State Attorney General Cynthia Coffman last Friday urged the high court to reject a lawsuit filed by Oklahoma and Nebraska seeking to invalidate the state's legalization of marijuana. She told the justices the two states were trying to "selectively invalidate state laws with which they disagree." She also pointed out that overturning the state's regulation and taxation of marijuana would lead to a situation where marijuana remains legal, but unregulated.

Medical Marijuana

House CARERS Act Picks Up Cosponsors. The House version of the federal bill to allow states to move forward on medical marijuana without federal interference is accumulating cosponsors. Rep. Steve Cohen (D-TN) introduced it a week ago today, and it now has seven more cosponsors. Click on the link to see who they are.

Georgia Governor Signs Executive Order to Expedite CBD Cannabis Oil Law. Gov. Nathan Deal (R) last Friday signed the order to speed up the enactment of House Bill 1, which has passed both houses of the legislature. The bill provides immunity from prosecution for CBD patients who register with the state. Deal said he would sign the bill at the end of the legislative session.

Idaho Governor's Office Pushes Back Against CBD Cannabis Oil Bill.Gov. "Butch" Otter (R) sent his drug policy point-man to the capitol today to speak out against Senate Bill 1146aa, which would provide an affirmative defense for parents of children using low-THC, high-CBD cannabis oil to treat severe seizures. Elisha Figueroa, head of the Idaho Office of Drug Policy, warned that "Idaho will be violating federal law if this bill passes." Fourteen other Republican-controlled legislatures have passed similar laws, but they're all violating federal law, too, he said. Figueroa is pushing for a different bill, Senate Bill 1156, which would set up a special program to run trials on a GW Pharma CBD product called Epidiolex.

Drug Testing

Pediatricians Reject School Drug Testing. The American Academy of Pediatricians has recommended against schools using suspicionless drug testing. There is little evidence that drug testing deters drug use or helps get users into drug treatment, the group said in an updated policy statement published in the journal Pediatrics.

Anonymous Tip Not Enough to Create "Reasonable Suspicion" for Employee Drug Test, Federal Court Rules. An unidentified source telling a reporter about on the job drug use and the reporter then relaying the assertion to the employer is not enough to create individualized reasonable suspicion" to require a public employee to submit to a drug test, the US District Court for the Eastern District of Michigan ruled this month. The ruling came in the case of a Detroit construction inspector who was fired after refusing a drug test after a reporter called public works to say an anonymous informant had told him workers were smoking pot. The inspector has been reinstated.

Presence of Marijuana Metabolites in Drug Test Doesn't Workman's Comp Benefits, Ohio Court Rules. A worker who had marijuana metabolites in his system is not barred from collecting workman's compensation benefits unless drug use was the proximate cause of his work-related injury, the Ohio Court of Appeals has ruled. In the case in question, the employer showed no evidence the worker was under the influence of marijuana when he was injured, only that he had used it sometime in the recent past.

Law Enforcement

Feds Target Reddit Users in Bid to Crack Dark Web Drug Sales. The Department of Homeland Security's Immigration and Customs Enforcement (ICE) division has subpoenaed Reddit demanding that it turn over personal data about five users of its dark web drug markets forum. The feds are seeking names, IP addresses, data on site visits, and other information, such as phone numbers and credit card data, that Reddit doesn't possess. The popular web discussion site doesn't even require an email address to register. The subpoenas appear to be an expansion of investigations into the Evolution dark web drug sales site.

Sentencing Reform

DC Sentencing Reform Summit Drew Hundreds. More than 600 lawmakers, advocates, and criminal justice leaders gathered in the nation's capital last Thursday to unite for sentencing reform. Among those attending were Attorney General Holder, Sen. Cory Booker (D-NJ), The Wire creator David Simon, and many more. Click on the link for more details and press coverage. 


Vietnam Moving to End Death Penalty for Some Drug Offenses. The Ministry of Justice last week proposed abolishing the death penalty for a number of crimes, including heroin smuggling. It said it would keep the death penalty for heroin dealing, but not for smuggling and possession. Those acts will only carry a penalty of up to life in prison. 

Drug War Issues

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