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Chronicle AM: Trump Says Let States Legalize, Mexican Villagers Go Vigilante on Crooked Cops, More (10/30/15)

A leading Republican presidential contender favors letting the states decide on pot policy, another Indian tribe wants to get in on the action, Mexican villagers turn the tables on crooked federal cops, and more.

Donald Trump says let the states decide on marijuana. (wikimedia/gage skidmore)
Donald Trump Would Let States Decide on Legalization. The Republican presidential contender said at a campaign rally Thursday that he supports letting states decide whether to legalize marijuana or not. "I really believe we should leave it up to the states," he said while taking questions at an event at the Nugget Convention Center in Sparks, Nevada.

North Carolina Indian Tribe to do Feasibility Study on Legalizing Marijuana. The Eastern Band of Cherokee Indians passed a resolution Thursday calling for a feasibility study to look into "the issues and impacts associated with legalization of cannabis." The resolution was submitted by tribal members who are part of Common Sense Cannabis.

Asset Forfeiture

Ohio Asset Forfeiture Reform Bill Proposed. State Rep. Robert McColley (R-Napoleon) said Thursday he will introduce a bill to end civil asset forfeiture reform. "Essentially, what [the bill] does is ensure that in order for anybody to lose their property through a forfeiture proceeding, they must first be charged with a crime and then subsequently convicted of that crime," McColley said. "Now, under Ohio law, there is something called provisional title, which essentially means that the state can hold temporary title to the property during the course of legal proceedings if that property is subject to forfeiture. That is still in place, but in order for the final transfer of title to occur, there must be a conviction of the underlying crime that is the basis for the forfeiture."

International

Mexican Villagers Detain Eight Federal Police They Say Work With Drug Cartels. At least 200 residents of a small mining town in Guerrero state have captured and are holding eight federal police officers they say work for the Guerreros Unidos drug gang. The federal police chief said talks were underway with locals to win their release. The incident occurred in Carrizalillo, where the police had arrived on a mission to arrest a local cooperative farming commission leader. They came accompanied by local alleged drug trafficker, and when the cops tried to arrest the local leader, the locals arrested the cops. Click on the link for more sordid details.

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

Chronicle AM: LEAP Endorses Ohio Initiative, Federal Drug War Prisoners Start Going Home, More (10/29/15)

LEAP endorses Ohio's Issue 3, another tribe wants in on the medical marijuana action, a West Virginia mayor calls fro drug decriminalization, backers of Bolivia's president are using coca as campaign contributions, and more.

Evo Morales' backers are contributing coca for the cause. (wikimedia.org)
Marijuana Policy

Marijuana at the GOP Debate. In Wednesday night's debate, only Ohio Gov. John Kasich had an opportunity to answer a question on marijuana legalization, and he's not for it. He said it would send the wrong message to kids and that he had spent years of his administration working "to rein in the problem of overdoses." Texas Sen. Ted Cruz mentioned marijuana, but only jokingly, offering to buy tequila "or even some famous Colorado brownies" for debate moderator Carlos Quintanilla after a heated exchange.

Law Enforcement Against Prohibition Endorses Ohio Legalization Initiative. LEAP has endorsed the ResponsibleOhio Issue 3 legalization initiative as the campaign counts down toward election day next Tuesday. "Legalization will take money away from the cartels, provide funding for public safety and health services, and reduce the violence associated with the illegal drug market. Passage of Issue Three puts us in charge, not the dealers," said retired Cincinnati Police Captain Howard Rahtz. The initiative is also endorsed by national NORML, but has split Buckeye State legalization proponents, some of who especially object to its "monopoly" on commercial grow sites. The initiative would only allow ten, on land owned by the investors who bankrolled the campaign.

Medical Marijuana

Medical Marijuana an Issue in Kentucky Governor's Race. In something of a political oddity, Republican gubernatorial candidate Matt Bevin is supporting medical marijuana, while Democratic candidate and current state attorney general Jack Conway, is opposing it. This issue has been causing fireworks on the campaign trail. The election is next Tuesday. Click on the link for some of the flavor. [Ed: Conway ran campaign ads attacking Rand Paul as "soft on drugs" when the two were competing for the state's open Senate seat in 2010. It's not surprising to see Conway take a regressive stance on medical marijuana.]

Nevada Tribe to Join Medical Marijuana Industry. The Fort McDermitt Paiute and Shoshone Tribe is planning to open a medical marijuana grow facility for economic development reasons. "Jobs to bring our people out of poverty, to create the jobs that we can better our community," said tribal president Tildon Smart. "And the profits would be used for helping out with programs." The tribe said it plans to start growing next spring.

Los Angeles to Stop Giving Tax Certificates to Unpermitted Dispensaries. The city council voted Wednesday to stop giving tax certificates for new medical marijuana dispensaries. In 2013, the city approved Measure D, which banned most dispensaries, but that hasn't stopped them from opening. The city had been issuing tax certificates to them, but the council agreed that it was "insincere" to collect taxes from shops the city was working to shut down. Click on the link for much more detail.

Drug Policy

Charleston, West Virginia, Mayor Calls for Drug Decriminalization. Charleston Mayor Danny Jones told local talk radio Wednesday that reducing crime requires radical changes in the drug laws. "I don't think we're going to be able to arrest our way out of it. I think we're going to have to look at these drug laws," Jones said. "The money you would save from incarcerations, which would be in the multi-billions you could use to help people. The crime there (in the west side of the city) would end overnight if you legalize or decriminalized drugs, but there would have to be a way to get drugs to people who needed them… to end the criminality in it."

Harm Reduction

North Carolina Governor Signs Partial Needle Decriminalization Bill. Gov. Pat McCrory last week signed into law House Bill 712, the Pilot Project/Used Needle Disposal bill. Under the bill, people who tell police they are carrying needles cannot be charged with either paraphernalia or drug possession based on residues in the needles. The bill also allows a handful of counties to undertake pilot needle disposal programs. The effort was led by the North Carolina Harm Reduction Coalition.

Sentencing

6,000 Federal Drug Prisoners Start Going Home This Weekend. Some 6,000 granted sentence reductions as a result of policy changes by the US Sentencing Commission will be released from prisons and halfway houses beginning tomorrow and going through the weekend. About one-third are foreigners who will be deported, but the other two thirds are going home to US communities. Another 8,500 are eligible for early release in the coming year.

International

Mexico Supreme Court Postpones Marijuana Legalization Case. The country's high court has delayed action on a case arguing that Mexicans have a human right to cultivate and consume marijuana. There is no word on when it will be heard.

Bolivian President's Backers Make Coca Campaign Contributions. Backers of President Evo Morales, a former coca growers' union leader, are providing bags of coca and potatoes for their campaign to seek a constitutional amendment to allow him to seek a third term in 2019. One coca grower union leader said his members had pledged 20 tons of coca to be sold to raise money for the effort. That would raise about $120,000 and, they point out, that coca would not be turned into cocaine.

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

Double Standard? Marijuana or Hemp? DEA Indian Tribe Raid Raises Questions [FEATURE]

This article was produced in collaboration with AlterNet and will appear at http://www.alternet.org/drugs/.

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (votehemp.org)
The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

Medical Marijuana Update

Of course there is a challenge to California's new medical marijuana law, New York takes another step on the path to medical marijuana, North Dakota petitioners will have to go back to the drawing board, and more.

California

Last Wednesday, a collective operator filed suit over the state's new medical marijuana law. Collective operator David Armstrong has filed a lawsuit claiming the state's new medical marijuana law violates the state constitution because it amends a voter initiative, the 1996 Compassionate Use Act (Prop 215). Armstrong's attorney, Nicholas Emmanuel, said that although the full effect of the law signed this month is not clear, his client wanted to "get a jump on things."

Florida

Last Thursday,the state Supreme Court set a December hearing date for the medical marijuana initiative. The court said it will hear oral arguments on whether language for a medical marijuana initiative complies with state requirements on December 8. The initiative is sponsored by People United for Medical Marijuana, the same group behind last year's failed initiative. (It actually won a majority of the vote, but because it was a constitutional amendment, it needed 60% to pass). The group said it has already turned in nearly half the 683,000 valid voter signatures needed to qualify for the 2016 ballot.

New York

Last Thursday, the state unveiled a new medical marijuana training course for doctors. The state Health Department this week rolled out an online medical marijuana training course for physicians who wish to prescribe it. Doctors who want to register to prescribe medical marijuana must first complete the four-hour course. The state aims to have medical marijuana available for patients by next January.

North Dakota

On Tuesday, medical marijuana initiative language was rejected. Secretary of State Al Jaeger (R) Tuesday rejected an initiative from the North Dakota Committee for Medical Marijuana, saying it had errors. Jaeger directed committee members to a petition drafting tool on state government web pages so they can get it right next time.

Washington

On Tuesday, calls came for signatures on a Change.org petition for the Kettle Falls Five. Prosecuted as marijuana traffickers for growing medical marijuana for their own use in a state where marijuana is legal, three of the Kettle Falls Five were sentenced earlier this month to federal prison. The petition here seeks "immediate orders of commutation and remission of jail time and fines for Rolland Gregg, his wife Michelle Gregg, and his mother Rhonda Firestack-Harvey. We seek complete pardons of their convictions so that they are no longer considered felons. Allow them to return to being the productive members of society they were, before this ordeal began." Click on the link to add your signature.

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

Chronicle AM: VA Pot Arrests Up, Especially for Blacks; VT Organized Opposition Emerges, More (10/28/15)

Initiative proponents in Arkansas and North Dakota have to go back to the drawing board, Vermont legalization opponents get organized, Virginia pot arrests increase, especially for blacks, and more.

Marijuana Policy

Arkansas Legalization Initiative Language Rejected. State Attorney General Leslie Rutledge has rejected a marijuana legalization initiative, citing spelling errors and "ambiguities in the text." The proposal, from Marry Berry of Summit, must now be resubmitted with fixed language.

New York Legislators Call for Marijuana Legalization. At a forum in Buffalo today, two state legislators, Assemblymember Crystal Peoples-Stokes (D-Buffalo) and Senator Liz Krueger (D-Manhattan), called for marijuana legalization. They are supporting the Marijuana Regulation and Tax Act, Senate Bill 1747.

Vermont Anti-Legalization Group Organizes. There is now organized opposition to marijuana legalization in the Green Mountain State. Opponents have formed a state affiliate of the national anti-legalization group, Smart Approaches to Marijuana. The group is hoping to block legislative efforts to legalize it, warning that it could result in a "public health crisis." Click on the link for more details.

Virginia Marijuana Arrests Increasing, Especially in Black Communities. A new report from the Drug Policy Alliance finds that marijuana arrests have increased by 57% over the past decade, but have more than doubled for black Virginians. Click on the link for much more.

Medical Marijuana

California Collective Operator Sues Over New State Medical Marijuana Law. Collective operator David Armstrong has filed a lawsuit claiming the state's new medical marijuana law violates the state constitution because it amends a voter initiative, the 1996 Compassionate Use Act (Prop 215). Armstrong's attorney, Nicholas Emmanuel, said that although the full effect of the law signed this month is not clear, his client wanted to "get a jump on things."

North Dakota Medical Marijuana Initiative Language Rejected. Secretary of State Al Jaeger (R) Tuesday rejected an initiative from the North Dakota Committee for Medical Marijuana, saying it had errors. Jaeger directed committee members to a petition drafting tool on state government web pages so they can get it right next time.

Asset Forfeiture

Virginia Legislature Again Ponders Asset Forfeiture Reform. The legislature's Virginia Crime Commission met Tuesday to take a second look at passing asset forfeiture reform. A bill that would have ended civil asset forfeiture failed in the state Senate earlier this year. Any decisions on introducing bills on this issue have been held off until at least the next meeting in December.

Chronicle AM: ME Legalizers Unite, OR Issues Rules for Marijuana Industry, More (10/26/15)

Two competing Maine legalization initiative campaigns will now work together, North Dakota will try again to get a medical marijuana initiative passed, the GAO has questions about National Guard drug war spending, and more.

Marijuana Policy

Maine's Competing Legalization Initiatives Join Forces. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol announced today that it is suspending signature-gathering for its proposed legalization initiative, and will instead be joining forces with the group Legalize Maine, which agreed to have MPP spearheading the campaign to pass the similar initiative they had filed. This should end the threat of a splintered legalization movement losing next year, as well as the opposite-end threat of two legalizing initiatives passing, which would give the state legislature a chance to sort out conflicts between the two. Click on the title link for more details.

Oregon Sets Rules for Marijuana Industry. The state Liquor Control Commission last Thursday approved wide-ranging rules to guide the launch of the state's legal marijuana industry next year. The rules establish a seed-to-sale tracking system, two-tiered licensing for commercial grows, a home delivery system, standards for edibles packaging, a ban on felons working as budtenders, and much more. Click on the link to see it all.

Medical Marijuana

North Dakotans Will Try Another Medical Marijuana Initiative. Medical marijuana supporters intend to submit initiative language tomorrow for an initiative aimed at the 2016 ballot. The initiative would create a full-fledged medical marijuana system, complete with dispensaries. Past legislative and initiative efforts to bring medical marijuana to the state have all failed. The initiative will need signatures from 13,500 registered voters to qualify for the ballot.

Law Enforcement

GAO Says National Guard Drug War Spending Lacks Way to Evaluate Performance. Congress has been funding the National Guard Bureau's counterdrug budget to the tune of more than $200 million a year for the past decade, a new GAO report finds. It also finds that no one knows how effectively that money is being spent. GAO said the National Guard has performance measures, but doesn't use them to evaluate and inform funding levels. "Without collecting and using useful performance information to evaluate state-level programs and oversee the counterdrug schools, DOD and Congress cannot ensure that the counterdrug program is achieving its desired results and is distributing its funding most efficiently," the report says.

International

Third Jamaican Company Wins Marijuana Cultivation License. Herbal Health Care Ltd. has become the third entity granted permission to grow marijuana. Government officials granted the license last Thursday. "They were granted a permit this morning (Thursday) to cultivate marijuana/ganja for the purpose of research," said Phillip Paulwell, minister of science, technology, energy, and mining. "They do have long-term objectives in terms of commercialization, but they certainly would be awaiting the Cannabis Licensing Authority's regulations to pursue that aspect. What I do know is that they are very keen on doing research on the essential oils and to do value-added products for the export market."

Chronicle AM: OH Legalizers Spend Big Bucks, CO Cops Now Carrying Naloxone, More (10/23/15)

Ohio pot legalizers are throwing millions of dollars into the effort, the Federal Reserve throws up another obstacle to marijuana banking, some Colorado cops will start carrying naloxone, and more.

The overdose reversal drug naloxone saves lives. Now, cops in Colorado are beginning to carry it. (wikimedia.org)
Marijuana Policy

Marijuana Banking Hits Another Road Block. In a court filing in Denver Wednesday, the Federal Reserve made clear that it does not plan to accept money from the marijuana industry because pot remains illegal under federal law. Last year, the Treasury Department issued rules for how banks can accept marijuana money, but the Fed isn't interested. Colorado officials aren't pleased. "We're frustrated," said Andrew Freedman, director of marijuana coordination for Colorado Gov. John Hickenlooper. "We tried to do the most with the building blocks of instructions they sent us, set up the most rigorous solution. And we still are left with confusion."

Ohio Legalization Campaign Outspending Opponents 16 to 1. The ResponsibleOhio legalization campaign has spent $15.4 million trying to get its initiative passed, while opponents have managed to raise only $712,000, most of it from the campaign arm of the Ohio Chamber of Commerce. ResponsibleOhio is getting its money from investors, who stand to reap financial benefits by owning one of only 10 commercial marijuana grow sites. The figures come from campaign finance reports released Thursday. Two polls this week show the race to be dead even.

Medical Marijuana

Florida Supreme Court Sets December Date for Hearing on Initiative. The court said it will hear oral arguments on whether language for a medical marijuana initiative complies with state requirements on December 8. The initiative is sponsored by People United for Medical Marijuana, the same group behind last year's failed initiative. (It actually won a majority of the vote, but because it was a constitutional amendment, it needed 60% to pass). The group said it has already turned in nearly half the 683,000 valid voter signatures needed to qualify for the 2016 ballot.

New York Unveils Medical Marijuana Training Course for Doctors. The state Health Department this week rolled out an online medical marijuana training course for physicians who wish to prescribe it. Doctors who want to register to prescribe medical marijuana must first complete the four-hour course. The state aims to have medical marijuana available for patients by next January.

Harm Reduction

Colorado Springs Cops Become First in State to Carry Overdose Reversal Drug. Police in Colorado Springs are currently undergoing training on how to administer naloxone (Narcan), the opioid antagonist that reverses overdoses, and will begin carrying it once training is completed. That's the first police department in the state to do so. The state passed a law last year allowing people other than medical staff to carry and administer the drug.

Medical Marijuana Update

A California federal judge has told the Justice Department to butt out of state-legal marijuana businesses in a case involving the Marin Alliance for Medical Marijuana, the Brookings Institution has a new report on the feds stifling research, ASA has a new report on the beneficial impacts of dispensaries, and more.

National

Last Thursday, ASA released a report on the impact of dispensaries on communities. Americans for Safe Access released a report, Where Will Patients Obtain Their Medicine?, that shows dispensaries do not bring elevated crime rates or other social ills, but do bring economic opportunity and provide access to medicine for patients. "The research shows that well-regulated dispensaries are responsible neighbors and valued members of the community," said Steph Sherer, ASA's executive director. "They bring jobs and increased economic activity while providing patients suffering from serious illnesses with an essential physician-recommended medicine. Creating equitable rules for medical cannabis access is a win-win scenario for everyone in a community."

On Tuesday, a Brookings Institution report accused the federal government of stifling medical marijuana research. Researchers at the liberal think-tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California

On Monday, a federal judge ruled that the feds can't shut down state-legal marijuana businesses. US District Court Judge Charles Breyer ruled that the Justice Department is barred from prosecuting with marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Kansas

Over the weekend, the Silver Haired Legislature renewed its push for medical marijuana. The Silver Haired Legislature, which advocates for senior citizens, is again calling on the legislature to pass medical marijuana. At a meeting earlier this month in Topeka, the group adopted three proposed bills it will push to see passed in the next term. Click on the link for more details.

New Jersey

Last Wednesday, the state got its fifth dispensary. The state Health Department said then it had issued its final permit for Breakwater Treatment and Wellness, a dispensary in Cranston.

New York

Last Thursday, the Seneca Nation was moving toward allowing medical marijuana. The Seneca Nation of Indians is preparing to vote early next month on whether to authorize the National Council to start drafting laws and regulations to govern medical marijuana. The vote would be only a first step toward the tribe getting in the medical marijuana business. The Justice Department opened the door for tribes to get involved in pot operations with a memo last fall.

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

Chronicle AM: Gallup Poll: 58% for Marijuana Legalization, MI Forfeiture Reforms Signed, More (10/21/15)

The trend toward supporting marijuana legalization is becoming ever more apparent, asset forfeiture reforms become law in Michigan, but get attacked by law enforcement in Tennessee, harm reductionists call on the UN to officially release a drug decriminalization document, and more.

Truckers and other labor groups are urging the House to reject hair drug testing. (wikimedia/Veronica538)
Marijuana Policy

New Gallup Poll Has Support for Marijuana Legalization at 58%. A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. Gallup says that figure is likely to continue to increase, thanks both to younger residents being more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization. Click on the title link for our Chronicle news brief on the poll.

Asset Forfeiture

Michigan Governor Signs Asset Forfeiture Reform Package. Gov. Rick Snyder (R) Tuesday signed into law a seven-bill package aimed at beginning to rein in asset forfeiture abuses in the state. The bills don't end civil asset forfeiture, but increase the burden of proof required to seize and keep confiscated property and require law enforcement agencies to file annual reports documenting their seizure activities.

Tennessee Cops Lobby Against Asset Forfeiture Reform. Law enforcement officials Monday lobbied lawmakers to not adopt asset forfeiture reforms in the Volunteer State. Shelby County Prosecutor Steve Jones, said seizing assets to fund policing activities was "government at its best" and warned that changing the law would result in more crime. He wasn't the only one. Click on the link for more.

Drug Testing

Unions Fight Truck Driver Hair Drug Testing. The AFL-CIO's Transportation Trades Department is trying to stop a proposal that would allow hair drug testing for truck drivers. The proposal is included in a highway bill that passed the Senate in July. The union has no problem with urine testing, which has been in place since 1991, but says that hair testing is untested. "[Health and Human Services] has not approved hair specimen for use in drug tests, and no HHS-issued technical standards for hair testing exist -- and for good reason. Hair testing is not ready for primetime," the union said. The union argues that hair testing could cause positive test results from environmental exposure -- not just personal drug use.

West Virginia Lawmakers Continue to Ponder Welfare Drug Testing. Even though efforts to push through welfare drug testing have failed in the past, legislators Monday were back at it. At a hearing, state health officials told lawmakers fewer than 220 of 2,700 adults enrolled in the food stamp program were likely to use illegal drugs. The committee will continue to study the issue through the year, members said.

International

International Harm Reduction Conference Delegates Call on UN to Officially Release Leaked Drug Decriminalization Paper. More than 500 delegates at the International Harm Reduction Conference in Kuala Lumpur called on the UN Office on Drugs and Crime (UNODC) today to officially release a document proposing drug decriminalization. The paper had been leaked by Sir Richard Branson, prompting UNODC to say the paper was "not a final document." "The overwhelming support from our delegates today for the UNODC's drug decriminalization recommendations should embolden them to show brave leadership on this issue, and publish the document in its current form," said Rick Lines, head of the International Harm Reduction Association, which organized the conference.

Chronicle AM: UN Decriminalization Drama, Global Undertreatment of Pain Report, More (10/19/15)

A thousand march for marijuana in Dallas, a few dozen in Montgomery; a UNODC document calling for drug decriminalization gets leaked, then yanked; the Global Commission on Drug Policy issues a report on pain, and more.

A Halloween/Reefer Madness-themed billboard rolled out today by Arizona legalization activists.
Marijuana Policy

Dallas March for Marijuana Brings Nearly a Thousand to the Streets. Around a thousand people joined a march calling for marijuana law reform in Texas Saturday. The march was organized by Dallas-Fort Worth NORML. Click on the link for more.

Dozens Turn Out for Alabama Rally for Marijuana Law Reforms. Several dozen people took to the foot of the state capitol last Friday to call for marijuana decriminalization and access to medical marijuana. Efforts to pass a medical marijuana bill have stalled in the legislature.

Medical Marijuana

Seneca Nation Moving Toward Medical Marijuana. The Seneca Nation of Indians is preparing to vote early next month on whether to authorize the National Council to start drafting laws and regulations to govern medical marijuana. The vote would be only a first step toward the tribe getting in the medical marijuana business. The Justice Department opened the door for tribes to get involved in pot operations with a memo last fall.

Kansas Silver Haired Legislature to Renew Push for Medical Marijuana. The Silver Haired Legislature, which advocates for senior citizens, is again calling on the legislature to pass medical marijuana. At a meeting earlier this month in Topeka, the group adopted three proposed bills it will push to see passed in the next term. Click on the link for more details.

International

UN Bid to Urge Drug Decriminalization Foiled. The UN Office on Drugs and Crime (UNODC) has withdrawn a document calling on governments to consider "decriminalizing drug use and possession for personal consumption" after at least one country objected. The document was leaked by Sir Richard Branson over the weekend, and when a journalist violated the UNODC's embargo on release of the document, UNODC walked back the report.

Global Commission on Drug Policy Releases Report on Undertreatment of Pain. The Global Commission on Drug Policy (GCDP) today released its third thematic report, The Global Crisis of Avoidable Pain: The Negative Impact of Drug Control on Public Health. The report was launched by Commissioners, former Swiss President Ruth Dreifuss, UN Secretary General Special Envoy on HIV/AIDS in Eastern Europe and Central Asia, Michel Kazatchkine and former United Nations Special Rapporteur on the right to health, Anand Grover. The report finds that three-quarters of the world's population has no access to pain-relieving drugs and that "the reasons for this have little to do with issues of cost or scarcity of supplies- and everything to do with the prohibition and repressive stand the world has taken on drugs. States are obsessed by the fear that people will use controlled medicines, such as morphine as drugs, thereby neglecting the important medical uses." Click on the title link to read the report.

WOLA Discussion on Impact of Drug Policy on Human Rights in the Americas Wednesday. The Washington Office on Latin America (WOLA) is hosting the discussion in Washington, DC, at lunch time Wednesday. Click on the link for speakers, more information, and to RSVP.

State Department Cuts Some Mexico Drug War Funding Over Human Rights Concerns. The State Department has concluded that Mexico failed to reach some human rights goals in its drug war, triggering the cutoff of millions of dollars of drug war assistance. The move only affects a small portion of overall US drug war aid to Mexico, but does signal growing frustration with alleged abuses by Mexican security forces. Some 15% of aid provided to Mexican security forces is subject to human rights provisions, meaning that Mexico lost $5 million of a total of $148 million in US drug war funding this year. That $5 million was instead diverted to Peru to help finance coca eradication.

Mexico Supreme Court to Take Up Marijuana Legalization Next Week. The high court is set to discuss a legal challenge that could effectively legalize the use and production of marijuana. The challenge comes from a non-profit that filed an injunction against the Mexican health regulatory body COFEPRIS over a 2013 ruling by that body. The hearing is set for October 28.

Norway's Two Largest Cities to Move Toward Giving Free Heroin to Addicts. The cities of Oslo and Bergen are set to begin heroin-assisted treatment pilot programs after the Labor Party won local elections there, but they will have to win approval from the national parliament first. Parliament rejected a 2012 effort to start the programs. Norway has the world's second highest drug overdose rate, after Estonia.

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