State & Local Legislatures

A bill that would decriminalize the possession of up to 15 grams (a little more than a half-ounce) of marijuana was approved Monday by the Assembly Judiciary Committee. The bill, Assembly Bill 1465, now heads for an Assembly floor vote.

Under current law, small-time pot possession is punishable by up to six months in jail. Under AB 1465, the threat of jail would be removed and infractions would be punishable by a $150 fine for a first offense, $200 for a second offense, and $500 for a third offense.

Some 22,000 people were arrested for simple marijuana possession in the state last year, with blacks disproportionately represented. In addition to possible jail time, those arrested face other collateral consequences, such as difficulties finding a job or qualifying for housing.

The crowd in the hearing room and most witnesses, including a retired corrections officer, defense attorneys, a clergyman, a college instructor, and a representative from a drug addiction prevention group favored decriminalization, according to an account carried by New Jersey Real-Time News.

"Some acts harm society and they warrant the intervention of police, prosecutors and perhaps even incarceration," said the bill's prime Republican sponsor, Michael Patrick Carroll (R-Morris), who is also a committee member. "Other acts warrant at best, a spanking, and these seems to be one of these situations."

"These long-term consequences are unjust and expensive," said Candice Singer, a research analyst from the New Jersey chapter of the National Council on Alcoholism and Drug Dependence. "The police manpower utilized for these arrests is costly. It is beyond dispute that a criminal record interferes with one's ability to maintain employment. This not only hurts the individual and the individual's family, but it harms the economy and the state, preventing residents from becoming employed and paying income taxes."

Only Bruce Hummer of the New Jersey Prevention Network, which represents treatment professionals, spoke against the bill. He said decriminalization would "send a mixed message to our youth," who would be more likely to use the herb if it was seen as less harmful and "accepted" by the community.

But retired corrections officer Harry Camisa had a powerful retort to Hummer. "I have seen firsthand the devastating effects on these young kids who are sent to jail for what I consider a minor offense," Camisa said. "I always felt bad for the very young ones because by the time they asked for protective custody they had already been beaten with a lock in a sock, stabbed or sodomized."

Forty years ago, the Shafer Commission, recognizing that harsh penalties for marijuana had no scientific basis, called for the decriminalization of possession of small amounts for personal use. A handful of states took that advice in the 1970s, and after a long interregnum beginning with the Reagan years, in the past decade, more states have come on board. The number is now 14.

The biggest medical marijuana news this week has to be the Oregon election that saw a pro-medical marijuana attorney general candidate win against a former interim US Attorney, but there was plenty of other news, as well. Let's get to it:

National

Last Wednesday, Mitt Romney got asked about medical marijuana and didn't much like the question or really answer it. "Aren't there issues of significance that you'd like to talk about?" Romney asks the interviewer. "The economy, the economy, the economy. The growth of jobs. The need to put people back to work. The challenges of Iran. We've got enormous issues that we face, but you want talk about -- go ahead -- you want to talk about marijuana? I think marijuana should not be legal in this country. I believe it is a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico -- and actually in our country."

On Tuesday, a Mason Dixon poll found broad support for medical marijuana among Republicans. Some 67% of Republicans said federal officials should respect state medical marijuana laws. So did 75% of Democrats and 79% of independents.

Also on Tuesday, researchers reported that smoking marijuana can relieve MS symptoms. Researchers at the University of California at San Diego found that smoked marijuana relieved pain and muscle tightness spasticity. The research was published in the peer-reviewed Canadian Medical Association Journal.

Arizona

As of Monday, Arizona started accepting dispensary applications. Arizona has some of the strictest dispensary rules in the country, including requirements that a licensed physician be employed on premises, that letters be obtained showing dispensaries are complying with zoning laws, and that they have a business plan showing they are operating as nonprofits. Then there is the $5,000 application fee and the preference that will be shown to those who can prove they have $150,000 in the bank. Still, competition is expected to be fierce for the licenses, which will be capped at 125 statewide. Interested parties have until May 25 to apply.

California

Beginning Saturday, a medical marijuana "Unity" conference gets underway in Sacramento. It goes through Monday and is aimed in part at obtaining passage of Assembly Bill 2312 to regulate medical marijuana cultivation and distribution statewide. The conference is sponsored by the PAC Californians to Regulate Marijuana as well as  Americans for Safe Access (ASA), the United Food and Commercial Workers Union, California NORML, the Coalition for Cannabis Policy Reform, and the Emerald Growers Association. The conference will focus on skill-building and grass roots leadership, with a day of lobbying set for Monday.

Last Thursday, a Santa Barbara dispensary operator took a plea deal. Charles Restivo, operator of the Pacific Coast Collective between 2008 and 2010, was arrested after a four-dispensary raid by local law enforcement in February 2010. He was charged with possession of marijuana for sale and cultivation of marijuana for sale since authorities argued the dispensary was violating state laws regarding medical marijuana. Under the deal, Restivo pleaded guilty to one new count of possession of concentrated cannabis (hash) in return for the other charges being dropped. He will get three years probation.

Also last Thursday, the Clear Lake city council voted to oppose Measure D, the Lake County marijuana cultivation initiative set to go before voters June 5. The council's action follows similar votes taken by the Lake County Office of Education Board of Trustees Wednesday night, the Board of Supervisors on Tuesday and the Lakeport City Council last week. It is also opposed by the Sierra Club, the Lake County Deputy Sheriffs Association, Kelseyville Business Association, Lake County Chamber of Commerce, California Women for Agriculture, Lake County Farm Bureau, the Buckingham and Clear Lake Riviera homeowners associations, and the Lake County Association of Realtors' Board of Directors. Measure D would allow 12 female plants to be grown in residential areas on lots under a half acre, 24 plants on lots larger than a half acre and 84 plants on larger parcels.

On Tuesday, the DEA and local police raided a Fontana dispensary. The raiders hit Holistic Meds RX, detaining four people, and seizing large quantities of medical marijuana. It was a federal warrant, but town and San Bernadino County police aided the DEA. Dispensaries have opened in Fontana, but have been unable to get permits because the city considers the businesses illegal.

On Wednesday, the Los Angeles city council postponed adopting a "gentle" ban on dispensaries proposed by Councilman Jose Huizar. The move came after Councilman Paul Koretz instead proposing allowing some dispensaries to continue to operate if they agreed to city regulations. Koretz called Huizar's "gentle" ban, which would close all dispensaries, but allow personal and collective grows, in reality a "vicious, heartless" ban. The city is home to an uncertain number of dispensaries, somewhere in the hundreds.

Colorado

On Monday, 25 dispensaries targeted by federal officials had to be closed down. That was the second wave of dispensaries threatened by US Attorney John Walsh, who earlier forced 22 out of business. He says a third wave of threat letters is forthcoming. In the first wave, Walsh targeted dispensaries within 1,000 feet of schools; in the second wave, he targeted dispensaries within 1,000 feet of college campuses. No telling yet what his criteria will be next time.

On Tuesday, the Dacono city council moved forward with its ban on dispensaries, as well as grows and edibles manufacturing. The council voted 4-2 for the ban, but must do so one more time on June 11 before it takes effect. The town has had a temporary moratorium on new medical marijuana businesses since July 2010, but that edict expires on July 1. The town has three existing dispensaries, but they would be forced to close if the ban passes.

Michigan

Last Friday, the state appeals court confirmed the conviction of a man who had a medical marijuana card, but not a fence. Lewis Keller of Emmet County got busted with 15 plants on his property. Under state law, he could have 12, but it had to be fenced. Keller said he knew he was over the limit, but he didn't realize the plants had to be secured.

On Tuesday, the Jackson city council got an earful from advocates concerned about its proposed medical marijuana ordinance. Under the proposed ordinance, qualifying patients or primary caregivers who are registered by the Michigan Department of Community Health to grow marijuana could do so in their homes. Patients could consume the drug only in their homes or their primary caregivers' homes. Patients and primary caregivers also could grow medical marijuana at non-dwelling locations in certain commercial and industrial business districts.
The city has had a moratorium on medical marijuana operations during the drafting of the ordinance. The city council will revisit the issue next week.

New Hampshire

On Wednesday, the House passed a medical marijuana bill already passed by the Senate. It now goes back to the Senate for approval of changes. Gov. John Lynch (D) has vowed to veto the bill over concerns over distribution, just as he did in 2009, when a veto override failed by two votes in the Senate.

New York

On Wednesday, a Siena College poll found majority support for medical marijuana in the Empire State. The poll had 57% supporting it and only 33% opposed. A bill in the Assembly has been stalled since Gov. Andrew Cuomo (D) signaled that this was not the year for it.

Oregon

On Tuesday, Ellen Rosenblum defeated former interim US Attorney Dwight Holden in the fight for the Democratic Party nomination for state attorney general. Oregon medical marijuana activists and national drug reformers rallied against Holden and supported medical marijuana-friendly Rosenblum as she picked up 63% of the vote against the former front-runner. Activists said the vote shows opposing medical marijuana carries a political price tag.

Rhode Island

On Wednesday, the House passed compromise dispensary legislation. A similar measure has already passed the Senate, so after the formalities of concurrence votes, the measure will head to Gov. Lincoln Chafee (I), who is expected to sign it.

Washington

On Monday, the Pasco city council moved closer to banning grows. A workshop discussion that night leaves little doubt that the city will outlaw medical marijuana gardens in the city at its next meeting to avoid violating federal anti-drug laws. Pasco is among Washington cities that have been waiting for nearly a year for the legislature to act to clarify a law allowing cities to write their own rules for medical marijuana garden collectives. The council is expected to vote on the ordinance Monday.

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

Oklahoma Gov. Mary Fallin (R) last Thursday signed into law a bill designed to lower the state's prison population. The state's incarceration rate is first in the nation for female prisoners and third highest for males.

The bill, House Bill 3052, is expected to control the increase in prison growth by increasing substance abuse treatment, reducing violent crime, strengthening supervision, and reducing recidivism. The aim is to reduce prison costs, which have risen 41% in the past decade, while the prison population increased 15% and violent crime decreased 4%.

The bill requires substance abuse and mental health screening of defendants before they are sentenced so those who need treatment will be able to access it. It also requires that all freed prisoners do at least nine months of parole in a bid to reduce recidivism. And it provides for "intermediate revocation facilities" for parole and probation violators short of sending them back to prison. A measure that would have effectively reduced some sentences by allowing good time to accrue from the beginning of the sentence was dropped in the face of legislative opposition.

"Increasing public safety is a top priority of my administration and a primary function of state government. The reforms in HB 3052 will help to reduce crime and ensure our streets are safer for Oklahoma families," Fallin said in a signing statement. "In addition to lowering crime rates, reducing the incarceration rate and giving law enforcement more resources to fight crime, this bill will help us to save taxpayer dollars by helping our corrections system operate in a more efficient and effective way."

The bill was the result of years of effort by House Speaker Kris Steele (R-Shawnee) and Senate President Pro Tem Brian Bingman (R-Sapulpa), who shepherded it through the legislature. It came as part of the Oklahoma Justice Reinvestment initiative, a project of the Council of State Governments' Justice Center designed to enact "smart on crime" policies.

"Today marks the beginning of a tougher, smarter fight against crime," said Steele. "Police will get more resources, offenders will be held more accountable, prisons will have the space to incarcerate dangerous criminals and Oklahoma will be much safer as a result. We’re thrilled to have been part of the unprecedented collaboration across our entire criminal justice system that has delivered this meaningful law to the people of Oklahoma."

"We've made a historic public safety reform that puts Oklahoma's broken criminal justice system back on a sustainable path," said Bingman. "By being both tough on crime and fiscally conservative, this law will reduce violent crime, give crime fighters the tools to do their job and ensure our criminal justice system keeps Oklahoma families and communities safe."

The new law goes into effect November 1.

The national battle over medical marijuana is heating up, Connecticut is about to become the 17th medical marijuana state, and state and local battles continue. And so do the DEA raids. Busy, busy, busy. Let's get to it:

National

Last Wednesday, House Minority Leader Nancy Pelosi criticized the federal crackdown on medical marijuana. Listening to her home town constituents, the San Francisco representative called on the administration to back off from the raids and prosecutions. In doing so, she joined the San Francisco and Alameda County Democratic Party organizations, and various state and local elected officials.

Last Saturday, 34 groups opposing medical marijuana sent a letter to President Obama urging him to "continue to enforce federal drug laws in states that allow 'medical marijuana.'" The effort was organized by the Community Anti-Drug Coalitions of America and the signees were mostly law enforcement, treatment industry, and community anti-drug groups.

This week, drug reform and medical marijuana advocacy groups mobilized in support of an amendment to the Justice Department appropriations bill that would cut funding for the agency's offensive against medical marijuana. The amendment failed on a voice vote Wednesday night.

California

Last Tuesday, the Milpitas city council voted to reaffirm its ban on dispensaries. City leaders had been considering allowing them in order to create tax revenues, but decided to hold off pending clarification of state laws by the Supreme Court.

Also last Tuesday, Yuba County adopted a medical marijuana nuisance ordinance on a 4-1 vote by the board of supervisors. The ordinance creates limits on how big a space people with valid medical marijuana cards could use to grow plants, depending on the size of the parcel. Earlier, there were loud objections about the 100 square foot limit on grows on parcels of less than an acre. Growers are threatening a lawsuit.

Last Wednesday, the DEA raided a Santa Barbara dispensary. The raiders hit Pacific Coast Collective, but no arrests were made. A sign posted on the door that same day read: "Due to a raid by the federal government, we will be closed until further notice. We are sorry for any inconvenience this has caused."

Also last Wednesday, the LAPD raided an Eagle Rock dispensary. The American Eagle Collective was hit and police on the scene said it would be permanently shut down. The collective is one of more than two dozen that are being sued by the city of Los Angeles for allegedly violating city zoning laws. Two other Eagle Rock dispensaries have been sued for operating within 600 feet of a school. The city plans to seek a preliminary injunction against American Eagle on May 31.

Last Thursday, the DEA and local police hit a medical marijuana grow in Santa Barbara. It was part of a declared war on dispensaries in the county by federal prosecutors. "All known marijuana stores in Santa Barbara County are now the subject of federal enforcement actions," according to a statement from the US Attorney's Office. The feds also filed three asset forfeiture lawsuits, two against dispensaries and one against the grow up.

Last Friday, the DEA raided a Glendora dispensary. The raiders hit the Glendora Healing Clinic and arrested two customers on outstanding warrants. Agents seized money and marijuana, but did not arrest the operators. The dispensary had only been open a few weeks.

Also last Friday, Vallejo police raided their fifth dispensary since February. They hit Nature's Love and arrested at least one person. The identity of the man taken into custody Friday, and if anything was seized from the dispensary was not immediately known.

On Tuesday, protestors picketed the Garden Grove city council over the city's recent talks with federal authorities about helping them crack down on dispensaries. They also gave council members an earful once the meeting got underway.

Also on Tuesday, Tulare County amended its code enforcement measures for medical grows. Now, for the first time, the county can use administrative code enforcement proceedings that could lead to a series of penalties that include $100-a-day fines for each violation of the county's medical marijuana ordinance.The ordinance specifies where medical marijuana can be grown and distributed, along with other requirements, which include requiring the plants be grown in enclosed buildings with security.

Also on Tuesday, the Palm Springs city council approved a fourth dispensary. Three permitted dispensaries already operate in the city, as do at least a half dozen unlicensed ones, clustered in an area known as "Little Amsterdam."

Also on Tuesday, Nevada County approved marijuana cultivation ordinances on a 4-1 vote of the board of supervisors. The ordinances limit cultivation to 100 square feet in parcels smaller than two acres, 300 square feet in parcels smaller than five acres, 400 square feet in parcels less than 10 acres, and 600 square feet in parcels smaller than 20 acres. Unhappy residents shouted that supervisors should be voted out, and growers are threatening a lawsuit over the restrictions.

Also on Tuesday, the Vallejo city council retreated from plans to regulate dispensaries. They cited uncertainty under state law and fears of federal prosecution if they regulate. Residents accused the council of cowardice, but the council was not swayed. 

Also on Tuesday, Lake County came out against a June ballot measure that would give "right to farm" privileges to medical marijuana growers. The board of supervisors voted to oppose Measure D, which would also allow medical pot growers to cultivate up to 12 mature plants in residential backyards of less than a half acre outside of city limits in Lake County. More plants could be grown on larger parcels, with a maximum of 84 plants allowed on properties that are seven acres or more. The ballot measure is opposed by county and police officials, the local Sierra Club, the Chamber of Commerce and state and local farm bureaus. Opponents say it will lower property values and increase pot-related crime.

Colorado

On Monday, a Denver attorney reported she had lost her liability insurance because part of her practice involves representing medical-marijuana businesses. Ann Toney's insurance company, Hanover Insurance Group, explained that her practice "does not meet current underwriting guidelines because of the following risk factors: Area of practice involving medical marijuana." This is believed to be the first time in the nation an attorney has lost her insurance because of doing medical marijuana-related work.

Also on Monday, 25 more dispensaries were ordered to close by federal prosecutors. All of the targeted dispensaries are within 1,000 feet of schools, which does not violate Colorado law, but which federal prosecutors are using as an arbitrary benchmark for targeting them.

On Wednesday, the state legislature adjourned without passing a drugged driving bill that would have criminalized drivers solely on the basis of having five nanograms or more of THC per milliliter of blood in their systems. The bill had passed the Senate, but didn't get a floor vote in the House.

Connecticut

Last Saturday, the state Senate approved a medical marijuana bill. The measure had already passed the House, and Gov. Dan Malloy (D) has already said he will sign it. Connecticut will become the 17th medical marijuana state.

Iowa

On Sunday, news came that three out of four state Democratic district platforms support medical marijuana.

Michigan

Last Thursday, the House passed a package of four medical marijuana bills that advocates don't think very much of. The Marijuana Policy Project said it is "opposed to the package because of concerns that the bills would compromise patients’ privacy and subject medical marijuana to more onerous restrictions than those that apply to more dangerous prescribed narcotics." It is urging supporters to voice their objections to House bills 4834, 4851, and 4856.

Montana

On Monday, advocates suing to repeal Montana's restrictive medical marijuana law said they need more donations to continue. The Montana Cannabis Industry Association said the case has cost about $150,000 and it needs another $100,000 to take the case to the state Supreme Court.

Also on Monday, the number of medical marijuana patients had dropped below 11,000, continuing a steep decline since the number of card-holders peaked at more than 31,000 at the end of last May. The number of providers has also declined by more than 90%, to slightly more than 400. This in the wake of a federal crackdown and the state legislature passing very restrictive legislation.

Rhode Island

On Wednesday, the state Senate approved a compromise dispensary bill. It would restrict dispensaries to 1,500 ounces of usable marijuana at one time and limit cultivation to 150 plants. Patients and caregivers would be able to sell their excess to the dispensaries. The bill now must be approved by the House. Dispensaries had been stalled after Gov. Lincoln Chafee (I) quailed in the face of federal threats; this compromise legislation should assuage his worries.

Wisconsin

Late last month, the Wisconsin Medical Society voted to adopt a new position on medical marijuana. It calls for further controlled studies on medical marijuana and a review of the plant's Schedule I status.