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2016 Marijuana Legalization Initiatives: An Overview [FEATURE]

Marijuana is going to be part of the political conversation between now and Election Day 2016. Support for legalization is now consistently polling above 50% nationwide, four states and DC have already voted to legalize it, and activists at least ten states are doing their best to make it an issue this time around.

In those states, they're working to take marijuana legalization directly to the voters in the form of initiatives. Not all of those efforts will actually make the ballot -- mass signature-gathering campaigns require not only enthusiasm but cold, hard cash to succeed -- and not all of those that qualify will necessarily win, but in a handful of states, including the nation's most populous, the prospects for passing legalization next year look quite good.

Presidential contenders are already finding the question of marijuana legalization unavoidable. They're mostly finding the topic uncomfortable, with none -- not even Rand Paul -- embracing full-on legalization, most staking out middling positions, and some Republicans looking for traction by fervently opposing it. Just this week, Chris Christie vowed to undo legalization where it already exists if he is elected president.

It's worth noting that it is the initiative process that is enabling the process of ending marijuana prohibition. Only half the states have it -- mostly west of the Mississippi -- but it is the use of citizen initiatives that led the way, first for medical marijuana and now with outright legalization.

In the face of overwhelming support for medical marijuana, state legislators proved remarkably recalcitrant. It took five years after California voters made it the first medical marijuana state for Hawaii to become the first state to pass it through the legislature. Even now, with nearly half the states having approved some form of medical marijuana, getting such bills through legislatures is excruciatingly difficult, and results in overly restrictive and ineffective state programs.

It's been the same with legalization. Voters approved legalization via initiatives in Colorado and Washington in 2012 and Alaska, Oregon, and the District of Columbia last year. But even in states with majorities or pluralities in favor of legalization, legalization bills haven't gotten passed.

Efforts are afoot at a number of statehouses, and one of them will eventually be the first to legislate legalization, maybe even next year -- it's not outside the realm of possibility. But for now, if legalization is going to continue to expand, it's going to come thanks to the initiative states. In fact, marijuana policy reform is an issue on which elected officials have been so tin-eared and unresponsive to the will of the voters that their failure is an advertisement for the utility of direct democracy.

By the time the polls close on Election Day 2016, we could see the number of legalization states double and the number of Americans living free of pot prohibition quadruple to more than 60 million -- or more. Attitudes on marijuana are shifting fast, and by this time next year, the prospects of even more states actually approving legalization could be even higher.

But right now, we have five states where the prospects of getting on the ballot and winning look good, three states where it looks iffy but could surprise, and two states where it looks like a long-shot next year.

Looking Good for Legalization:

Arizona

A June Rocky Mountain Poll from the Behavioral Research Center has support for legalization at 53%, and Arizonans could find themselves having to decide which competing legalization proposal they like best.

The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol would legalize the possession of up to an ounce of buds or five grams of concentrates, as well as allow for home grows of up to six plants per person, with a cap of 12 plants per household. The initiative also envisions a system of regulated marijuana commerce with a tax of 15%. Localities could bar marijuana businesses or even home growing, but only upon a popular vote.

The second initiative, from Arizonans for Mindful Regulation, would legalize the possession of up to an ounce of buds or concentrates, as well as allow for home grows of up to 12 plants -- and home growers could keep the fruits of their harvests. The initiative envisions a system of regulated marijuana commerce with a 10% tax on retail sales. It would allow localities to regulate -- but not ban -- marijuana businesses.

Both campaigns are in the signature-gathering process. They will need 150,000 valid voter signatures to qualify for the 2016 ballot and they have until next July to get them.

California activists are gearing up for next year. (reformca.org)
California

A May PPIC poll had support for legalization at 54%, and Californians have a variety of initiatives to choose from. At least six legalization initiatives have already been cleared for signature-gathering by state officials, but everybody is still waiting for the other shoe to drop.

That would be the much anticipated initiative from the Coalition for Cannabis Policy Reform, which represents many of the major players in the state, as well as deep-pocketed outside players from all the major drug reform groups. The coalition's initiative was delayed while it waited for the release of a report from Blue Ribbon Commission on Marijuana Policy, led by pro-legalization Lt. Gov. Gavin Newsom (D). That report came out last week, and the coalition says it expects to have its initiative ready within a few weeks.

The delays in getting the initiative out and the signature-gathering campaign underway are going to put pressure on the campaign. To qualify for the ballot, initiatives must come up with some 366,000 valid voter signatures, and that takes time, as well as money. Most of the other initiatives don't have the money to make a serious run at signatures, but the coalition does. For all of the California legalization initiatives, the real hard deadline for signatures is February 4.

Maine

The most recent polling, a Public Policy Polling survey from 2013, had only a plurality (48% to 39%) favoring legalization, but that's nearly two years old, and if Maine is following national trends, support should only have increased since then. Maine is winnable.

This is another state where a Marijuana Policy Project-backed initiative has competition from local activists. The MPP-affiliated Campaign to Regulate Marijuana Like Alcohol would legalize possession of up to an ounce of buds and allow for six-plant home grows. It would also create a system of regulated marijuana commerce with a 10% tax above and beyond the state sales tax, and it would allow for marijuana social clubs as well as retail stores.

The competing initiative, from Legalize Maine, is a bit looser on possession and home grows, allowing up to 2.5 ounces and six mature and 12 immature plants. Unlike the MPP initiative, which would have the Alcohol Bureau regulate marijuana, this one would leave it to the Department of Agriculture. It would also allow for marijuana social clubs as well as pot shops and would impose a 10% flat sales tax.

Initiatives need 61,126 valid voter signatures to qualify for the ballot. The campaigns have until next spring to get them in.

Massachusetts

A Suffolk/Boston Herald poll from February has support for legalization at 53% in the Bay State, where activists have since the turn of the century been laying the groundwork for legalization with a series of successful non-binding policy questions demonstrating public support, not to mention voting to approve medical marijuana in 2008 and decriminalization in 2012.

Like Arizona and Maine, Massachusetts is another state where a Marijuana Policy Project-backed initiative is being contested by local activists. The MPP-affiliated Campaign to Regulate Marijuana Like Alcohol is still in the initiative-drafting process and details of its initiative remain unknown.

Meanwhile, local activists organized as Bay State Repeal have come up with a very liberal initiative that would legalize possession and cultivation -- without limits -- allow for marijuana farmers' markets and social clubs. This initiative would also create a system of licensed, regulated, and taxed marijuana commerce.

Neither Massachusetts initiative has been approved for signature-gathering yet. The state has a two-phase signature-gathering process, with a first phase for nine weeks between September and December. Then, if sufficient signatures are gathered, the legislature must act on the measure before next May. If it fails to approve the measure, a second, eight-week signature-gathering process commences. Initiatives will need 64,750 valid voter signatures to qualify for the ballot.

Nevada

A Moore Information poll from 2013 had support for legalization at 54%, and legalization supporters will most definitely have a chance to put those numbers to the test next year because the Marijuana Policy Project-backed Regulate Marijuana Like Alcohol initiative has already qualified for the ballot. It would legalize the possession of up to an ounce of buds and an eighth-ounce of concentrates, and it would allow for the home growing of six pot plants per adult, with a household limit of 12. Home growers could keep the fruits of their harvest. The initiative would also create a legal marijuana commerce system with a 15% excise tax.

There's a Decent Chance:

Michigan

An April Michigan Poll had support for legalization at 51%, which doesn't leave much margin for error. Nonetheless, at least two groups are embarked on legalization initiative campaigns. (A third appears to have gone dormant.)

The more grassroots Comprehensive Cannabis Law Reform Initiative Committee would legalize the possession of up to 2 ½ ounces by adults and allow home grows of 12 mature plants and an unlimited number of immature ones. Home growers could possess the fruits of all their harvest. The non-commercial transfer of up to 2 ½ ounces would also be legal. A system of regulated marijuana commerce is included and would feature a 10% tax.

The competing Michigan Cannabis Coalition initiative appears to have no personal possession limits, but would only allow for home grows of two plants. It provides an option for localities to ban home grows, or to raise the limit to four plants. It envisions a system of regulated marijuana commerce, with taxes to be set by the legislature.

Michigan only rates the "decent chance" category because of its razor-thin support for legalization and because of its history of marijuana legalization initiatives failing to qualify for the ballot. Initiatives will need more than 250,000 voter signatures to qualify, and they have until next June 1 to do so. Both campaigns have just gotten underway with signature-gathering.

Missouri

A Greenberg Quinlan Rosner Research poll from February showed only 45% in favor of marijuana legalization, but Missouri activists organized as Show-Me Cannabis have been waging a serious, hard fought campaign to educate Missourians on the issue, and it could pay off next year.

Their initiative would legalize up to 12 ounces of buds, one ounce of concentrates, a pound of edibles, and 20 ounces of cannabis liquids, as well as allow for home growing of up to six plants. It would also create a medical marijuana program and a legal, regulated marijuana commerce.

Since it is a constitutional amendment, the initiative will need at least 157,788 valid voter signatures to qualify for the ballot. Organizers will have until next May to get them.

Will the Buckeye State do it this year or next?
Ohio

Ohio is a special case. By the time you read these words, the ResponsibleOhio initiative either will or will not have qualified for the ballot. If it qualifies, the state could well be the next one to legalize marijuana, since it would go to a vote this November. An April Quinnipiac University poll had support for legalization at 52%.

If it doesn't qualify, others are lined up to take another shot. Responsible Ohioans for Cannabis have a constitutional amendment initiative with no specified possession limits for people 18 and over. It also allows home grows of 24 plants per person, with a limit of 96 plants per household.

Another effort, Legalize Marijuana and Hemp in Ohio, is mainly a medical marijuana initiative, but does allow for the possession of up to an ounce by adults.

Constitutional amendments need 385,000 valid voter signatures to qualify for the ballot; initiated statutes only need 115,000. Like Michigan, however, Ohio is a state with a history of initiatives failing to make the ballot.

Not Likely Next Year:

In the states below, activists are undertaking efforts to get on the ballot next year, but the odds are against them, either because of poor (or no) polling, or lack of funds and organization, or both.

Mississippi

The Mississippi Alliance for Cannabis is sponsoring Proposition 48, a constitutional amendment initiative which "would legalize the use, cultivation and sale of cannabis and industrial hemp. Cannabis related crimes would be punished in a manner similar to, or to a lesser degree, than alcohol related crimes. Cannabis sales would be taxed 7%. Cannabis sold for medical purposes and industrial hemp would be exempt from taxation. The Governor would be required to pardon persons convicted of nonviolent cannabis crimes against the State of Mississippi."

There is no recent polling on attitudes toward legalization in the state, but it is one of the most conservative in the country. To get on the ballot, supporters need to gather 107,216 valid voter signatures by December 17, one year after they started seeking them.

Montana

Ballot Issue 7, which would legalize the possession of small amounts of marijuana by adults, but not create legal marijuana commerce, is the brainchild of a Glendive man who says he plans to bicycle across the state to gather support and signatures.

Prospects for 2016:

Five states are well-positioned to legalize marijuana via initiatives next year, another three could possibly do it, and that would be further evidence that the apparent ongoing sea change in marijuana policy is no aberration. Five, six, or seven would be a good year for marijuana, eight or more would be evidence of a seismic shift. It's going to be interesting.

Medical Marijuana Update

There's a CDC warning on "potential danger" from edibles, a Northern California US attorney who went after dispensaries steps down, Washington state medical marijuana enters a new, uncomfortable era, and more.

National

Last Friday, the CDC warned of "potential danger" from edibles. The Centers for Disease Control and Prevention (CDC) released a report citing the case of a Wyoming college student who fell to his death after eating edibles in Colorado to warn of the "potential danger" with the products. "Although the decedent in this case was advised against eating multiple servings at one time," the CDC article says, "he reportedly consumed all five of the remaining servings of the THC-infused cookie within 30-60 minutes after the first serving." The CDC noted that the coroner in the case listed "marijuana intoxication" as a contributing factor in the death, which was classified as an accident.

California

On Tuesday, Humboldt County supervisors delayed discussions on repealing the county's ban on new dispensaries. No dispensaries have been allowed to open in the county since December 2011, when supervisors enacted a moratorium on them. Prospective dispensary operators who have been waiting for more than four years will have to wait a little longer. Supervisors said they would discuss the issue at their August 18 meeting.

On Wednesday, US Attorney for Northern California Melinda Haag said she is stepping down. Haag earned the antipathy of medical marijuana advocates for her crackdown on Northern California dispensaries, which she accused of being fronts for illegal dealers. Advocates harshly criticized her for attempting to shut down the Harborside dispensary in Oakland, the nation's largest. It's still open for business as the legal wrangle continues.

Michigan

Last Friday, the state Supreme Court ruled that a medical marijuana card doesn't grant sweeping immunity, but... In a pair of cases regarding medical marijuana caregivers, the state's high court has ruled that the medical marijuana law does not grant sweeping immunity to cardholders, but sent the cases back to lower courts to determine whether the defendants are entitled to immunity. The court seems to be getting tired of medical marijuana. It has addressed the issue nine times in the past seven years. "The many inconsistencies in the law have caused confusion for medical marijuana caregivers and patients, law enforcement, attorneys, and judges, and have consumed valuable public and private resources to interpret and apply it," wrote Justice Bryan Zahra.

Minnesota

Last Thursday, the second dispensary in the state opened for business. The state's first medical marijuana dispensary outside of the Twin Cities, Minnesota Medical Solutions in Rochester opened its doors. A Minneapolis-area dispensary opened earlier this year.

Ohio

On Wednesday, the attorney general rejected the wording of a medical marijuana petition. Attorney General Mike DeWine announced today that he had rejected a petition for the Ohio Medical Cannabis Amendment, saying he had found several defects in the language. Now, the group will have to address those defects, gather another 1,000 initial signatures, and try again.

Washington

Last Friday, changes to the state's medical marijuana program went into effect. Recently passed legislation designed to bring the program in line with the state's legalization system are now active. The Liquor Control Board is now the Liquor and Cannabis Control Board, PTSD and traumatic brain injury are now considered qualifying conditions, a voluntary patient database (which patients must join if they want the tax breaks for medical marijuana) is now in effect, the number of plants in a household is limited to 15 no matter how many patients live there, and doctors who write more than one medical marijuana authorization a day must report their totals to the Department of Health.

Also last Friday, a member of the Kettle Falls Five got 16 months in federal prison. They grew medical marijuana in a state where it is legal -- heck, even recreational is legal in Washington -- but were prosecuted by zealous federal prosecutors operating out of Spokane. Now, after pleading guilty and testifying for the federal government against fellow members of the five, Jason Lee Zucker has been rewarded with 16 months in federal prison. Assistant US Attorney Caitlin Baunsgard said last Friday Zucker's testimony was "integral" to obtaining convictions against his co-defendants and urged the lighter sentence. He could have been sent to federal prison for five years. Three of the other Kettle Falls Five face sentencing in October after being found guilty and are looking at up to 20 years. The fifth member, family patriarch Larry Harvey, saw charges against him dropped after he was diagnosed with terminal cancer.

On Tuesday, King County said it will force unlicensed dispensaries to close. King County Prosecutor Dan Satterberg said that dispensaries operating illegally in unincorporated areas of the county will have to shut down soon. He said that he would be serving up lawsuits against 15 collectives in coming days. "Their days as marijuana sellers where they never had a license, and they never paid taxes, those days are over," he said. He added that the businesses had a couple of months to shut down before he goes after them in court.

International

Israel to Make Medical Marijuana Available By Prescription, Will Be Sold in Pharmacies. Deputy Health Minister Yakov Litzman said Monday that medical marijuana will be available in pharmacies and more doctors will be allowed to prescribe it. "There are already pharmacies that dispense all sorts of other drugs, such as morphine. There is order with that, and there will be order with this," Litzman said. "There will be registration, and we'll supervise it, but it will be according to a standard, like a drug. Right now, we're in a case at the High Court of Justice because of the growers, and we'll issue a tender for the growers. I hope we get approval from the High Court of Justice. We'll fight aggressively to allow this to get out," Litzman emphasized. "The growers will also be stronger. As soon as there is a tender, it shifts to selling a drug by prescription, and I'm sure it will be accepted. We have a lot more work and much more to do, but this is my headline."

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

Chronicle AM: Chris Christie Picks Fight With Weed, New DEA Head Concedes Pot Might Not Be as Bad as Heroin, More (7/29/15)

Chris Christie is beating up on marijuana again, Ohio officials continue to play hardball with ResponsibleOhio, DEA Administrator Chuck Rosenberg takes a tiny step forward, Colombian peasants are grumbling at a rumored renewal of aerial crop eradication, and more.

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

Chris Christie Vows to Roll Back Legalization in the States if Elected. New Jersey governor and Republican presidential contender Chris Christie said Tuesday marijuana users in legal states should enjoy their highs while they have the chance because if he's elected, he will enforce federal prohibition. "If you're getting high in Colorado today, enjoy it," said Christie at a town hall meeting in New Hampshire. "As of January 2017, I will enforce the federal laws. If you want to change the marijuana laws, go ahead and change the national marijuana laws," he added. Christie is currently struggling to break out of the bottom of a crowded field of GOP contenders.

Ohio Secretary of State to Investigate Legalization Petitions for Possible Fraud. Secretary of State Jon Husted said today he had named a special investigator to look into "discrepancies" in petitions from the controversial legalization group ResponsibleOhio. He said the review would look into "significant disparities" between the number of petitions the group claimed to have gathered and the number actually turned in. If the discrepancies constitute fraud, they could lead to criminal charges, he said. ResponsibleOhio, on the other hand, has accused state election officials of losing some 40,000 signatures and wrongfully invalidating others and is threatening to go to the state Supreme Court over the issue. The group had handed in nearly 700,000 signatures and needed only 305,000 valid ones to qualify for the 2015 ballot, but state officials last week said they were about 30,000 short. ResponsibleOhio has until midnight tomorrow to try to make up for the signature shortfall.

Medical Marijuana

Ohio Attorney General Rejects Medical Marijuana Petition Wording. Attorney General Mike DeWine announced today that he had rejected a petition for the Ohio Medical Cannabis Amendment, saying he had found several defects in the language. Now, the group will have to address those defects, gather another 1,000 initial signatures, and try again.

Washington's King County Will Force Unlicensed Dispensaries to Close. King County Prosecutor Dan Satterberg said Tuesday that dispensaries operating illegally in unincorporated areas of the county will have to shut down soon. He said that he would be serving up lawsuits against 15 collectives in coming days. "Their days as marijuana sellers where they never had a license, and they never paid taxes, those days are over," he said. He added that the businesses had a couple of months to shut down before he goes after them in court.

Drug Policy

New DEA Head Concedes Marijuana Might Not Be As Dangerous as Heroin. DEA Administrator Chuck Rosenberg Tuesday conceded during a conference call that heroin is probably more dangerous than marijuana, but that he was no expert. "If you want me to say that marijuana's not dangerous, I'm not going to say that because I think it is," Rosenberg said. "Do I think it's as dangerous as heroin? Probably not. I'm not an expert." Coming from anyone other than a DEA head, the statement would be considered mealy-mouthed, but it actually marks a break with Rosenberg's hardline predecessor, Michele Leonhart, whose refusal to make the distinction helped contribute to her being forced from the position.

International

Irish Officials Say They Have a "Wide Consensus" for Drug Decriminalization. After a "think tank" on drug problems in Dublin today, Minister of State of the National Drugs Strategy Aodhan O'Riordain said there was a "wide consensus within the room for decriminalization," but there were also "some question marks and some discussion points as to how to get wider society on board with the idea. People in the sector may be convinced, but the terminology and the language is going to be important."

Colombia Coca Farmers Threaten Protests Over Reports Government Might Resume Aerial Spraying. Amid rumors that authorities plan to restart efforts to eradicate coca crops by spraying them with glyphosate, farmers in the north are vowing to fight such plans. "The moment they begin the fumigation, the peasant strike will begin," said a spokesman for the Campesino Association of Catatumbo. With US backing and encouragement, the Colombian government sprayed the herbicide on coca crops for years despite peasant protests that it was causing illness and damaging other crops and livestock. Earlier this year, the government halted the practice after the World Health Organization declared glyphosate a carcinogen. Nearly 2,500 police are being sent to the region in anticipation of protests, even though the interior minister denied any plans to begin spraying anew, saying it was only under discussion.

(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: OR Gov Signs Marijuana Sales Bill, More British Cops Turning Blind Eye to Marijuana, More (7/28/15)

Any adult will be able to buy marijuana at Oregon dispensaries beginning October 1, some British police are moving toward de facto decriminalization, dirty Philly cops beat a corruption rap and are now suing city officials, and more.

Oregon Gov. Kate Brown (D) has signed a bill allowing recreational marijuana sales at dispensaries beginning October 1. (or.gov)
Marijuana Policy

Oregon Governor Signs Bill Allowing Recreational Marijuana Sales to Begin October 1. Gov. Kate Brown (D) has signed into law Senate Bill 460, which will allow medical marijuana dispensaries to begin selling marijuana to all adults on October 1. Pot shops other than existing dispensaries won't come on line until next year.

Medical Marijuana

Michigan Supreme Court Says Medical Marijuana Card Doesn't Grant Sweeping Immunity, But… In a pair of cases regarding medical marijuana caregivers, the state's high court has ruled that the medical marijuana law does not grant sweeping immunity to cardholders, but sent the cases back to lower courts to determine whether the defendants are entitled to immunity. The court seems to be getting tired of medical marijuana. It has addressed the issue nine times in the past seven years. "The many inconsistencies in the law have caused confusion for medical marijuana caregivers and patients, law enforcement, attorneys, and judges, and have consumed valuable public and private resources to interpret and apply it," wrote Justice Bryan Zahra.

Law Enforcement

Acquitted Philly Cops Sue City Officials for Defamation. Five members of a notorious Philadelphia Police dope squad who managed to avoid federal corruption convictions and who have won the right to return to work are now suing the district attorney, the mayor, and the police commissioner. They say they were unfairly maligned and fired. After numerous reports of corrupt activities, DA Seth Williams began refusing their cases in 2012 and that "started a gigantic, destructive avalanche of severe and permanent wrongs, damages and injustices" that continues to affect the officers today," their attorney wrote. They had been accused of routinely beating drug suspects, stealing money, and lying on police reports. One member of the squad pleaded guilty and testified against the others, but the jury did not convict.

International

Three More British Police Forces Will Basically Ignore Small Pot Grows. Police in Derbyshire, Dorset, and Surrey are joining police in Durham in quietly turning a blind eye to small-scale marijuana cultivation and use. While the Conservative government continues to have a hard-line stance on marijuana, the cops say they have better things to do. "On the list of priorities cannabis moves a long way down the chain," one police official explained.

Chronicle AM: Reuters on West African Meth, Brit Pot Petition Goes Viral, Mexico Ibogaine Conference, More (7/27/15)

Lot's of international news today, plus Minnesota gets a second dispensary, Vermont seeks to prohibit more new synthetics, New Hampshire is worried about heroin, and more.

Iboga, the African herb from which ibogaine is derived (ibogaineconference.org)
Medical Marijuana

Kettle Falls Five Member Gets 16 Months in Federal Prison. They grew medical marijuana in a state where it is legal -- heck, even recreational is legal in Washington -- but were prosecuted by zealous federal prosecutors operating out of Spokane. Now, after pleading guilty and testifying for the federal government against fellow members of the five, Jason Lee Zucker has been rewarded with 16 months in federal prison. Assistant US Attorney Caitlin Baunsgard said last Friday Zucker's testimony was "integral" to obtaining convictions against his co-defendants and urged the lighter sentence. He could have been sent to federal prison for five years. Three of the other Kettle Falls Five face sentencing in October after being found guilty and are looking at up to 20 years. The fifth member, family patriarch Larry Harvey, saw charges against him dropped after he was diagnosed with terminal cancer.

Second Minnesota Dispensary Opens for Business. The state's first medical marijuana dispensary outside of the Twin Cities, Minnesota Medical Solutions in Rochester, opened last Thursday. A Minneapolis-area dispensary opened earlier this year.

Ibogaine

Global Ibogaine Conference to Be Held in Mexico in March 2016. The conference will take place in the charming hipster town of Tepoztlan, about an hour south of Mexico City, and will feature speakers including Claudio Naranjo, Stanton Peele, and Andrew Tatarsky. Click on the link for all the conference and registration information.

New Synthetic Drugs

Vermont to Add 75 New Synthetic Drugs to Controlled Substances List. State officials are set to outlaw 75 new synthetic drugs after earlier moves against synthetics resulted in new ones being produced. "The people who design and create what people think of designer drugs are very creative chemists," said State Toxicologist Sarah Vose. "And they can change molecules very easily to avoid being regulated," Vose said. "So the updates to this list are an attempt to keep ahead of that trend in designer-drug creation." The new list of regulated compounds includes stimulants, depressants and hallucinogens. Among the soon-to-be-illegal compounds is acetyl-fentanyl, a derivative of a powerful opiate. The Legislative Committee on Administrative Rules will convene a hearing on the regulated drug rule proposal next week.

Drug Policy

Poll Finds Drug Abuse Second Most Pressing Problem in New Hampshire. Concerns about drug abuse were second only to concerns about the economy for New Hampshire residents surveyed in a WMUR Granite State Poll released last Thursday. Some 25% of respondents said the economy was the main concern, while 14% said drug abuse. Pollster Andy Smith said it was the most concern he's heard about drugs in the 15 years he's conducted the survey. But respondents were divided on what to do about it, with 42% saying the government should spend more to address heroin use, 20% saying the government is spending enough, and 38% saying they didn't know enough to respond.

International

Reuters Does In-Depth Report on Meth in West Africa. The press agency has produced a fairly comprehensive look at the rise of meth, meth trafficking, and meth production in the region. Click on the link to read the whole thing.

Israel to Make Medical Marijuana Available By Prescription, Will Be Sold in Pharmacies. Deputy Health Minister Yakov Litzman said Monday that medical marijuana will be available in pharmacies and more doctors will be allowed to prescribe it. "There are already pharmacies that dispense all sorts of other drugs, such as morphine. There is order with that, and there will be order with this," Litzman said. "There will be registration, and we'll supervise it, but it will be according to a standard, like a drug. Right now, we're in a case at the High Court of Justice because of the growers, and we'll issue a tender for the growers. I hope we get approval from the High Court of Justice. We'll fight aggressively to allow this to get out," Litzman emphasized. "The growers will also be stronger. As soon as there is a tender, it shifts to selling a drug by prescription, and I'm sure it will be accepted. We have a lot more work and much more to do, but this is my headline."

More Than One Quarter of Italian Parliamentarians Support Marijuana Legalization Proposal. Some 250 of Italy's 945 members of parliament have endorsed a bill that would legalize marijuana. The proposal would allow anyone 18 or older to grow up to five plants at home or to join a "cannabis social club" with a joint garden of up to 50 people and 250 plants. Marijuana produced by home gardeners or social clubs could not be sold, but marijuana stores would make pot available at retail, with people allowed to possess up to 15 grams at home and to carry up to five grams with them. The proposal has support across Italy's political spectrum, but it remains to be seen if it can pass.

Online Petition Calling for Marijuana Legalization Will Force UK Parliament to Respond. More than 150,000 Britons have signed a government-authorized online petition calling for the total legalization of marijuana. Like the change.gov petition process in the US, policymakers must respond if a certain signature level -- in this case, 100,000 -- is reached. The signatures have come in just five days. The petition now goes to the House of Commons petition committee, which has the power to press for action from the government or the parliament -- or not. But at least the petition committee will have to formally address it.

Chronicle AM: ResponsibleOhio Fights On, GA Cop Indicted in Baby Boo-Boo SWAT Raid, More (7/23/15)

ResponsibleOhio has about a week to come up with 40,000 more signatures, more Americans than ever admit smoking pot, e-sports is about to begin drug testing, a Georgia cop gets indicted for lying about probable cause in the Baby Boo Boo SWAT raid case, and more.

The question right now isn't should it or shouldn't it make the ballot, but will it or won't it?
Marijuana Policy

Ohio Legalization Initiative Still Fighting to Get on Ballot. The ResponsibleOhio legalization initiative campaign, which state officials say came up 35,000 signatures short in its effort to get its measure on the November ballot, says it is sure it had enough valid signatures and will go to the state Supreme Court to contest the results. "There are over 21,000 voters who were incorrectly identified as invalid. We want to make sure they have their signatures count. We also see that there are 40,000 signatures that weren't reviewed," spokesman Ian James said. The group is also gathering more signatures -- it has a 10-day window to try to make up any shortfall.

Gallup Poll Finds Largest Number Yet of Americans Admitting to Having Smoked Weed. Some 44% of Americans admit to having smoked marijuana, the largest number ever record by the pollsters. When Gallup first asked the question back in 1969, only 4% admitted to having tried it. By 1985, the figure was at 33%. Gallup wasn't sure if the rising numbers reflected more people actually using marijuana or more people being comfortable admitting to it. "The changes over time may reflect either an increase in the percentage who have tried the drug, or an increased willingness to admit to having done so in the past," Gallup explained.

Medical Marijuana

Senate Appropriations Committee Approves DC Pot Shops, Marijuana Banking Bill. The committee today approved a bill today allowing the nation's capital to establish regulated marijuana stores and let banks provide financial services to state-legalized marijuana dispensaries. The votes came on the financial services spending bill, which includes language removing a federal ban on regulated marijuana commerce in the District, which legalized possession and cultivation last year. The committee also approved an amendment allowing banks to provide services to marijuana businesses where they are legal.

Marijuana Policy Project Report Criticizes New Hampshire Medical Marijuana Program. In a report marking the two year anniversary of the signing into law of the state's medical marijuana program, the activist group is harshly critical of the state's failures in implementing the law. The report title pretty much says it all: Confusion, Delays, and Continued Arrests: A Two-Year Retrospective on New Hampshire's "Therapeutic Use of Cannabis" Law. Click either link to read the report.

Asset Forfeiture

Arizona ACLU Files Lawsuit Claiming State's Asset Forfeiture Laws Are Unconstitutional. The ACLU of Arizona today filed a federal lawsuit in Phoenix arguing that the laws "have created a lucrative system in which police and prosecutors are heavily incentivized to seize and forfeit property." The group says the law allows "law enforcement [agencies to] supplement their budgets without any legislative oversight." The ACLU is representing a Sun Tan Valley woman whose pick-up truck was seized after her son borrowed it and was arrested for allegedly stealing a hood ornament and putting it on the truck.

Drug Testing

Drug Testing Comes to E-Sports. The Electronic Sports League, the largest online gaming organization, has announced that it will adopt policies to keep drugs out of virtual sports. The move comes in the wake of ongoing controversy about the use of Adderall by e-sports players. A high-ranked e-sports player, Kory Friesen, ignited the commotion by not only admitting to use of the drug, but claiming it was prevalent. "We were all on Adderall," he said in a widely-copied interview.

Law Enforcement

Georgia Cop Indicted Over Baby Boo-Boo SWAT Raid. A Habersham County sheriff's deputy has been indicted by a federal grand jury in connection with the May 2014 raid that left a toddler severely injured by a flash-bang grenade. Nikki Autry, a special agent of the Mountain Judicial Circuit Criminal Investigation and Suppression Team (NCIS), has been indicted for lying in a search warrant affidavit and providing the same false information to obtain an arrest warrant in the case. Autry is accused of claiming that one of his informants made a meth buy at the address when the alleged meth purchase was made by someone else and lying about whether it was a "true and honorable informant." Nor had Autry confirmed there was heavy traffic in and out of the house, as he claimed. His alleged lies were the basis for a judge signing off on the "no knock" warrant that resulted in the bad raid.

International

Marijuana Cultivation on the Upsurge in Sweden. Swedish media are reporting an increasing number of marijuana cultivation busts. There were 904 pot farms reported to police last year, up fourfold from 2011, and police said they were on track for similar numbers this year.

Medical Marijuana Update

There's medical marijuana news from the far Pacific, with Hawaii okaying dispensaries and Guam releasing draft medical marijuana regulations, plus more.

Colorado

Last Wednesday, state officials rejected medical marijuana for PTSD. Health officials voted against adding PTSD to the list of qualifying ailments for medical marijuana. They cited scant research on the issue. "We can't have physicians counseling people in favor of it because we don't have data to show it's correct," said Jill Hunsaker-Ryan, one of the board members who voted no.

Hawaii

Last Tuesday, Hawaii began moving toward licensing dispensaries. After Gov. David Ige (D) signed a bill allowing for eight dispensaries to operate in the state, state officials are moving forward with developing rules and regulations for the program. They say to they will begin accepting license applications early next year. The move comes 15 years after Hawaii became the first state to okay medical marijuana through the legislative process.

Guam

Last Thursday, the US protectorate released medical marijuana draft regulations. The Guam Department of Public Health and Social Services has released draft rules for the island territory's medical marijuana program. Guamanians voted to allow medical marijuana in last November's elections. The rules must be approved by the legislature. Click on the link to read the draft rules.

Michigan

Last week, Michigan cops raided medical marijuana dispensaries. Police departments in the greater Detroit area have shut down several dispensaries in the past week, in some cases bringing felony charges against the operators. Raids, arrests, and seizures took place in Shelby Township and Detroit last week. While the city has an estimated 180 dispensaries, they are illegal under the state's medical marijuana law.

On Tuesday, a state panel deferred a decision on medical marijuana for autism. The Michigan Medical Marijuana Review Panel postponed action on recommending whether or not autism should be a qualifying condition for medical marijuana. The panel said it wanted more time to review the evidence.

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

Chronicle AM: CA Blue Ribbon Marijuana Report is Out, DEA Criticized for Blocking Snitch Probe, More (7/22/15)

A long-awaited (and overdue) report on California marijuana policy reforms is out, an Arizona appeals court rules that the odor of marijuana in a medical marijuana state is not sufficient grounds for a search warrant, the DEA gets criticized over its snitch program, and more.

Marijuana Policy

California Blue Ribbon Panel on Marijuana Releases Report, Calls for Strict Controls. The panel, led by pro-legalization Lt. Gov. Gavin Newsom (D), issued its Pathways Report: Policy Options for Regulating Marijuana in California today, and called for a regulatory system that prevents childhood use and warns that "this industry should not be the next California Gold Rush." The 93-report is a comprehensive look at the range of policy options facing the state. Read it.

Heroin and Prescription Opiates

New Hampshire "Drug Czar" Releases Recommendations for Fighting Opiate Abuse. John Wozmak, senior director for Substance Misuse and Behavioral Health, Tuesday released a list of 22 recommendations for fighting opiate abuse, including making naloxone more widely available and strengthening the state's prescription drug monitoring program. Click on the link to see the full list.

Law Enforcement

Arizona Appeals Court Rules Smell of Weed Alone is Not Grounds for Search Warrant. The legalization of medical marijuana in the state means that the odor of weed by itself is not probable cause for obtaining a search warrant. "Medical marijuana use pursuant to AMMA is lawful under Arizona law," he wrote. "Therefore its scent alone does not disclose whether a crime has occurred." Instead, police must now rely on an "odor-plus" standard where additional evidence is needed to justify a warrant.

Justice Department Inspector Report Criticizes DEA on Informants. DEA agents wrote their own rules for a secret snitch program and then tried to block the Office of the Inspector General (OIG) from conducting its probe into the program, the just released OIG report says. "Our audit work thus far has been seriously delayed by numerous instances of uncooperativeness from the DEA," the inspector general wrote. Although the OIG set out to review the confidential informant program in February 2014, the OIG has had only "limited" success, it said. But the OIG's audit isn't yet completed. Stay tuned.

Chronicle AM: The Case of the Dead ND Student Snitch, Brit Police Force De Facto Decriminalizes, More (7/21/15)

There will be an open container law for weed in Washington state, Rep. Earl Blumenauer (D-OR) files a bill to expunge some federal marijuana offense records, cops in one British county effectively decriminalize small-time marijuana offenses, there's a mystery surrounding a dead North Dakota student informant, and more.

British police in Durham have decided they have better things to do than go after small-time pot offenders. (wikimedia.org)
Marijuana Policy

Congressman Introduces Federal Clean Slate for Marijuana Offenses Act. Rep. Earl Blumenauer (D-OR) today introduced a bill designed to expunge federal marijuana offenses that are no longer illegal in a number of states. The Clean Slate for Marijuana Offenses Act of 2015 would clear the records of those federally charged with state-legal marijuana activity and those federally charged with possession of less than an ounce. It's not yet up on the congressional web site. Activists said its effects would be mainly symbolic.

Marijuana Legalization Money Being Raised in Maine. There are two competing legalization campaigns in the state, and both are fundraising. The Marijuana Policy Project-affiliated Campaign to Regulate Marijuana Like Alcohol has raised $104,166 so far this year, with $50,000 coming from MPP in June, while Legalize Maine has raised $55,575.

Washington State Has Open Container Law for Marijuana. Effective September 26, drivers will be required to store their weed in the trunks of their vehicles in an unopened container, or in a part of the passenger compartment "not normally occupied or directly accessible by" the driver or passengers. That's a provision of House Bill 1276, which Gov. Jay Inslee (D) signed into law on June 30. Medical Marijuana 

Michigan Panel Defers Decision on Medical Marijuana for Autism. The Michigan Medical Marijuana Review Panel postponed action on recommending whether or not autism should be a qualifying condition for medical marijuana. The panel said it wanted more time to review the evidence.

Sentencing

Federal Prosecutors Really Want Their Mandatory Minimums. Although only a tiny fraction of federal drug crimes involve violence, federal prosecutors are demanding that their mandatory minimum sentences be left unchanged. National Association of Assistant US Attorneys head Steve Cook warns that it would be "a huge mistake" to change federal sentencing laws. "The federal criminal justice system is not broken," he added, claiming that "drug trafficking is inherently violent." Oddly enough, only 142 of more than 20,000 federal drug offenses prosecuted last year involved violence or threats of violence. Cook also wants more prisons, calling them "a good investment."

Law Enforcement

Did a North Dakota Student Get Killed After Campus Cops Turned Him Into a Snitch? The Minneapolis Star-Tribune has a lengthy piece on the case of Andew Sadek, who went missing two weeks before graduation last year. His body was later found in the Red River with a bullet wound to the head and a backpack full of rocks. He had been busted for small-time marijuana sales on campus and agreed to become an informant for campus police. No one has been charged in his death, and police aren't even certain if it was a homicide or a suicide. Read the whole thing.

International

British Police Force Quits Trying to Find Small Pot Grows. The police in County Durham and Darlington are giving up on proactively tracking down small marijuana grows in a de facto move toward decriminalization. Durham Police and Crime Commissioner Ron Hogg said police there will also offer people caught with small amounts of weed to avoid criminal prosecution by entering a program aimed at ending low-level offending. "By and large we are saying it is not the top of our list to go out and try to pick up people smoking joints on street corners but if it's blatant or we get complaints, officers will act," Hogg said. "It's about keeping people out of the criminal justice system and reducing costs, it's about being more productive with the way we approach things. It's also about seeking to prevent future use by keeping people out of prison."

Chronicle AM: ResponsibleOhio Comes Up Short -- Maybe, MI Dispensary Busts, OK Forfeiture Abuses, More (7/20/15)

Ohio election officials have disqualified more than half the signatures gathered for the ResponsibleOhio initiative, but the battle isn't over; a Michigan legalization initiative gets rolling, an Oklahoma report raises the curtain on asset forfeiture abuses, and more.

Will they make the ballot or not? Check back in 10 days.
Marijuana Policy

Ohio Officials Say ResponsibleOhio Initiative Short on Signatures, But… The office of Secretary of State Jon Husted said today that the ResponsibleOhio legalization initiative had come up 29,000 signatures short of qualifying for the ballot. The campaign had gathered nearly 700,000 and needed only 305,000 to qualify, which would suggest a bad signature rate far, far above what the conventional wisdom suggests, maybe 25% or 30%. But it ain't over yet. ResponsibleOhio now has 10 days to try to make up the shortfall, and it says it will go to the state Supreme Court to fight over some 40,000 signatures that "remain unaccounted for" in the secretary of state's tally.

Michigan Legalization Initiative Kicks Off Signature Gathering Drive. Supporters of the Michigan Legalize initiative held a volunteer kickoff meeting in Marquette last Saturday. They will need to gather some 315,000 valid voter signatures to qualify for the 2016 ballot. There is at least one competing initiative in the state, too.

Medical Marijuana

Michigan Cops Raid Medical Marijuana Dispensaries. Police departments in the greater Detroit area have shut down several dispensaries in the past week, in some cases bringing felony charges against the operators. Raids, arrests, and seizures took place in Shelby Township and Detroit last week. While the city has an estimated 180 dispensaries, they are illegal under the state's medical marijuana law.

Asset Forfeiture

Oklahoma Reports Show Asset Forfeiture Abuses. Audits by the State Auditor and Inspector's Office for the past five years show many district attorneys didn't have formal policies for dealing with seized property and that, in many cases, police didn't keep inventories of seized items. In some cases, seized money was spent before in was legally forfeited; in others, forfeiture cases were never filed for seized money. The report also found that seized money was used to pay for retirement plaques, a retirement party, doughnuts for a "spring roundup," and for a prosecutor's student loans and house rental. In the latter case, the prosecutor justified the rent payments saying that he spent most of his time on drug cases. Click on the link for more.

Drug Testing

Indiana Town to Stop Drug Testing Welfare Applicants… For Now. Black Township has agreed to stop drug testing applicants to its public assistance program until a lawsuit over whether the practice is constitutional is decided. The ACLU of Indiana filed the lawsuit in federal court in June. The judge in the case last week signed an order approving the agreement to stop drug testing until the case is settled.

Opiates and Heroin

New Jersey Governor Signs Prescription Monitoring Bill. Gov. Chris Christie (R) has signed a bill that will expand and tighten the state's prescription management program, one of a series of bills intended to combat the state's problem with heroin and prescription opiate use. The bill requires all doctors to register for the program and to check the program when patients return for a second refill on medications. The law is part of a 21-bill package targeting opioid and heroin abuse in New Jersey.

International

Australia Greens Call for Adoption of Portugal Drug Model. The Australian Green Party is calling for the country to follow the example of Portugal and decriminalize drug possession. It says Australia's current drug policies have failed, and the Portuguese model is the best path forward.

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