State & Local Legislatures

With Republican Gov. Rick Perry's signature Friday, a bill that would require some people seeking unemployment assistance to undergo drug tests has become law. But critics say it is a waste of time and taxpayer dollars.

Gov. Perry signs unemployment drug testing bill. (governor.state.tx.us)

Unemployment benefits are available to people who lose their jobs for lack of work. People who lose their jobs because of drug use are already ineligible for unemployment benefits.

The new law allows people to receive unemployment benefits despite a positive drug test if they immediately seek drug treatment or if they are taking a prescription drug under a doctor's supervision.

"Texas is a state where personal responsibility is very important, and recipients of unemployment benefits have a responsibility to be prepared to work when an opportunity presents itself," Gov. Perry said in a signing statement. "Our system is designed to provide assistance to people through a difficult time in their lives, not subsidize those who would misuse the system to live a drug-abusing lifestyle. This bill protects the resources that should be reserved for those truly in need."

"Senate Bill 21 was one of the most important bills I carried this session because it will help ensure someone who loses a job, through no fault of their own, will be ready to go back to work when another opportunity opens," bill sponsor Sen. Tommy Williams said. "My goal is to send a clear message and to get people help they need."

But neither Williams nor Perry provided any evidence that laid-off workers seeking benefits are any more likely to use drugs than anyone else.

Critics of the new law said it only "adds insult to injury" for workers laid off through no fault of their own. "The bill is in search of a problem that does not exist," the critics added. "There is no trend of increased drug use among those on unemployment. Data are also lacking to suggest people in need of government assistance are more likely to be drug users."

California dispensaries continue their vanishing act, thanks to feds and local officials, but Arizona fends off a challenge, Oregon adds PTSD, and frustrated New Jersey patients rally. Let's get to it:

Last Friday, an effort to repeal the state's medical marijuana law died for lack of interest. Rep. John Kavanaugh (R-Fountain Hills) had sponsored a bill that would have done just that, but couldn't get enough support from fellow lawmakers to move the bill.

California

Last Tuesday, the Berkeley city council voted to close the Greenleaf Wellness Group dispensary. The council acted after complaints that it blighted a Dwight Way neighborhood with trash, urine and the smell of weed wafting over children's heads. The council's vote also upheld a finding that Greenleaf was violating city law by operating out of building zoned commercial when city ordinance requires dispensaries to be operated only in residential buildings. The vote to shut down Greenleaf was 8-1.

Last Wednesday, the Bakersfield city council got an earful from medical marijuana proponents at the first reading of a proposed ordinance that would ban dispensaries in the city. Supporters pleaded fervently for the council not to proceed with the proposed ordinance. Twenty-four people submitted cards to the city clerk to speak against the ordinance; only one spoke in favor of it. The issue returns for a final vote at the June 26 meeting, and if approved could become law within 30 day.

Last Friday, one of the last dispensaries in Riverside closed its doors. The Riverside County Patients Association had refused until then to comply with a temporary restraining order to shut down. Only when dispensary operators were given the choice of closing or being arrested on the spot did they comply. That means there are likely only two dispensaries left in the city, according to city officials. There were 77 when Riverside passed an ordinance to ban them in 2009. Next week, the city council will consider an urgency ordinance banning mobile dispensaries.

On Tuesday, federal prosecutors sent threat letters to 103 Los Angeles area dispensaries. The targeted facilities are in Echo Park, Westlake, south Los Angeles, the harbor area, Long Beach, Lancaster, and Pearlblossom. The targeted 71 dispensaries in the city of Los Angeles involved all remaining known shops in the LAPD's Rampart, Newton and Harbor divisions. The letters tell the dispensaries to shut down or face asset forfeiture proceedings.

New Jersey

Last Friday, patients, families, and supporters rallied in Trenton to protest the state's failure to implement its medical marijuana program in a meaningful way. They said the current system is restrictive and expensive, and complained that there is still only one dispensary in the state more than three years after the state medical marijuana law took effect in 2010. They hope to push lawmakers into reforming regulations, including making it easier for children to be approved and including PTSD on the list of approved ailments.

Oregon

Last Friday, Oregon's governor signed a bill adding PTSD to the list of approved conditions for medical marijuana use. The law will go into effect January 1, 2014.

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

If Maine residents want to legalize marijuana via the popular vote, they may have to do it themselves. Last Friday, a bill that would have called for a referendum on marijuana legalization fell four votes short in the House. On Monday, it was defeated more decisively in the Senate.

During debate on the bill last Friday, Russell argued that if legislators failed to act, it was likely that activists would put a legalization initiative before voters through the citizens' initiative process, and that then, lawmakers would have no say.

"I believe this is the smartest, most rational way forward… to ensure we're the ones driving the bus to do it," Russell said.

Support for and opposition to the bill wasn't a simple party line affair, with some Republicans speaking for it and some Democrats opposing.

"We have a society that’s been hypocritically fighting this war for years," said Rep. Lance Harvell (R-Farmington). "In a democratic republic, the will of the people will be expressed."

"I have seen lives ruined by addiction," said Rep Gay Grant (D-Gardiner). "I am not ready to raise the white flag on one more opportunity to destroy lives."

"You actually can't smoke enough marijuana to kill yourself. You’d fall asleep first," said Rep. Corey Wilson (R-Augusta), who argued that prohibition had failed and that the state should consider collecting taxes on marijuana to help fight more dangerous drugs.

With Maine activists eyeing the presidential election year of 2016 for a citizens' legalization initiative, the legislature still has a couple of years to act. If it doesn't, Mainers may well make the decision themselves.

The medical marijuana scene is hectic! Bill passing, raids happening, local officials pondering, and California dispensaries dwindling. Let's get to it:

On May 21, the Lakeport city council gave first approval to a cultivation ordinance that would require grows be conducted within detached structures on residential properties. The council will hold the second reading of the ordinance at its June 18 meeting. The document before the council on Tuesday night also prohibits outdoor cultivation and requires grows to be contained in accessory outdoor structures. However, it also puts the emphasis on complaint-driven enforcement.

On May 22, the Earth Choice Collective in Fresno closed its doors after a local TV station blew the whistle on the below-the-radar dispensary. Undercover narcotics officers served Earth Choice Collective with a notice to vacate several weeks ago, but it had remained open until the TV station aired its report.

On May 25, Anaheim authorities reported that 10 of 11 dispensaries had complied with orders to close their doors. Anaheim ordered all dispensaries to close in the wake of the California Supreme Court ruling upholding the ability of localities to ban them. One remained open and was facing fines of up to a $1,000 a day.

Last Wednesday, San Bernardino police shut down another dispensary. They, too, were acting in response to the California Supreme Court ruling. More than 100 mason jars filled with marijuana were seized at the SBPC dispensary, and several workers and customers were detained temporarily.

Last Thursday, DEA agents and San Bernardino County deputies raided two dispensaries and five homes associated with them. Targeted were the Green Oasis Collective dispensaries in Yucaipa and San Bernardino. Five people were arrested on a variety of charges, including possession of pyrotechnic explosive devices, possession of meth, and various marijuana offenses.

Last Friday, police in Garden Grove began fining medical marijuana delivery services. The move came after the services sprang up in the wake of the city's ban on dispensaries last month. They are fining the delivery businesses $1,000 a day. One dispensary, OrganaCann Wellness Centers, switched to delivery mode after the ban and reported receiving $3,000 in fines, but is vowing to vigorously defend itself.

Also last Friday, Stockton dispensary operator Matthew Davies pleaded guilty to federal marijuana charges. He had argued that his store in Stockton operated in accordance with California laws, after working extensively with accountants and lawyers before opening the business. He faces a mandatory minimum five-year prison sentence.

Also last Friday, a statewide dispensary regulation bill failed to advance, but its sponsor, Rep. Tom Ammiano (D-San Francisco) said the bill lives and he is talks with members of the Senate to advance it.

On Monday, the Healdsburg city council voted to form a task force to study cultivation issues. The task force will consider whether outdoor grows will be allowed, or whether they should be confined indoors. Police Chief Kevin Burke had proposed guidelines in response to neighborhood complaints about backyard grows, and the Planning Commission had recommended allowing patients to grow up to 12 mature plants and 24 immature ones, but limited grows to indoors and not within 300 feet of schools, churches, hospitals, child care and youth centers. But after the guidelines were publicized, they met harsh criticism, thus, the task force.

District of Columbia

As of Monday, DC medical marijuana patients were still waiting to get their medicine. Two dispensaries and three grow operations have been approved by District officials, but the District Department of Health has yet to give doctors the authority to recommend marijuana to their patients. A spokeswoman for the Department of Health said marijuana dispensaries would likely open in the middle of June.

Michigan

Last Tuesday, medical marijuana supporters held a press conference in Detroit to publicize the imminent imprisonment of several Michigan patients and caregivers. One, Jerry Duval, a kidney-pancreas transplant patient with coronary artery disease, has been sentenced to 10 years in federal prison and must report next week. Three other Michigan cultivators, Dennis Forsberg, 59, his son Lance Forsberg, 32, and Ryan Basore, 36, who were sentenced to 3-4 years in prison surrendered last Thursday. They were all convicted in federal court without being able to present evidence that they were complying with state law.

Montana

Last Wednesday, federal prosecutors appealed the sentence of a medical marijuana provider because they thought it was not stiff enough. They appealed the two-year prison sentence given to former University of Montana quarterback Jason Washington, who was convicted on federal charges for his role in a dispensary operation legal under state law. Prosecutors have also appealed the sentences of three other medical marijuana defendants out of 33 convicted in the wake of the 2011 federal crackdown in the state.

Nevada

On Monday, a medical marijuana dispensary bill passed the state legislature. The Assembly approved it the previous week, and the Senate approved it Monday. It now goes to the governor. If he signs it, up to 66 dispensaries will be allowed in the state, with up to 40 in Las Vegas and 10 in Reno.

New Hampshire

Last Thursday, the Senate approved a medical marijuana bill, but with amendments designed to placate Gov. Margaret Hassan (D) that advocates say will make the bill unworkable. The Assembly had already passed the bill; now a conference committee must try to reconcile the two versions.

New York

Last Thursday, more than 600 New York physicians came out for pending medical marijuana legislation. They signed a statement affirming that doctors should not be punished for recommending the use of marijuana for seriously ill people, and that seriously ill people should not be subject to criminal sanctions for using marijuana if the patients' physicians have told them such use may be beneficial. The bill also has the support of the state’s leading medical organizations, including the New York State Nurses Association, The Hospice and Palliative Care Association, Pharmacist Society of the State of New York, among others.

Last Friday, New York City Mayor Michael Bloomberg trashed medical marijuana, calling it "one of the greatest hoaxes of all time." The former pot-smoker's comments came as the legislature is considering the medical marijuana bill.

On Monday, the medical marijuana bill passed the Assembly. It now goes to the Senate, where three previous medical marijuana bills approved by the Assembly in recent years have died. But the pressure is on.

Ohio

Last Wednesday, the sponsor of a medical marijuana bill testified on its behalf, but acknowledged that it is going nowhere in the Republican-controlled legislature. Instead, Rep. Bob Hagan (D-Youngstown) is urging support for a constitutional amendment on the issue.

Oregon

Last Thursday, DEA agents and local law enforcement raided four southern Oregon dispensaries. Raiders hit the Greener Side in Eugene and three Medford dispensaries. Several people were arrested.

Also last Thursday, the state legislature approved adding PTSD to the list of ailments for which medical marijuana can be used. The Oregon House passed Senate Bill 281 36-21, following a 19-11 vote in the Senate.  The bill awaits Gov. Kitzhaber's signature.

South Carolina

On May 23, an attempt to legalize medical marijuana in the state failed in the House. Rep. Todd Rutherford (D-Columbia) tried to amend a bill dealing with controlled substances to add marijuana to the list of drugs that doctors could prescribe, but his amendment was ruled out of order.

Washington

On Monday, it was revealed that the DEA has sent threatening letters to 41 Seattle-area dispensaries that have effectively closed some of them. At least one Spokane dispensary has also received a threat letter, but from the US Attorney, not the DEA.

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