Federal Courts

RSS Feed for this category

Chronicle AM: FL MedMJ Init Qualifies for Ballot, VT Gov Endorses Pot Legalization Bill, More... (1/28/16)

Busy, busy. State legislatures are in full swing, and the bills just keep coming. Meanwhile, Florida's medical marijuana initiative has qualified for the ballot, Vermont's governor endorses legalization, and more.

Heroin is on the agenda at statehouses this week. (wikimedia.org)
Marijuana Policy

Federal Judge Throws Out Lawsuit Against Colorado's Legalization. A Colorado US District Court judge has rejected a lawsuit challenging the legality of marijuana legalization in the state. The lawsuit was filed by a Washington, DC-based anti-marijuana group, the Safe Streets Alliance, and asked the court to find the state and Pueblo County guilty of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. The judge in the case rejected the claims, concluding that private parties have no standing to seek recourse for alleged violations of the Supremacy Clause, which makes federal law the supreme law of the land. Another lawsuit, filed by the states of Nebraska and Oklahoma, is still being decided.

New Mexico Poll Finds Strong Support for Legalization. Three out five (61%) adult New Mexicans support legalizing and regulating marijuana, according to a new poll from Research & Polling. The poll comes as the legislature ponders two bills, one that would amend the state constitution to let voters decide the issue, and one that is a straightforward legalization bill. The bills are Senate Joint Resolution 5 and House Bill 75, respectively.

Vermont Governor Endorses Legalization Bill. Gov. Peter Shumlin has endorsed the Senate Judiciary Committee's legalization bill, Senate Bill 137. "The War on Drugs has failed when it comes to marijuana prohibition," Gov. Shumlin said. "Under the status quo, marijuana use is widespread, Vermonters have little difficulty procuring it for personal use, and the shadows of prohibition make it nearly impossible to address key issues like prevention, keeping marijuana out of the hands of minors, and dealing with those driving under the influence who are already on Vermont's roads. The system has failed. The question for us is how do we deal with that failure. Vermont can take a smarter approach that regulates marijuana in a thoughtful way, and this bill provides a framework for us to do that."

DC Poll Finds Residents Want District to Move Ahead With Regulation -- Despite Congress. A substantial majority of District residents believe Mayor Bowser should move forward with taxation and regulation of marijuana despite Congressional prohibition, according to a survey conducted over the weekend by Public Policy Polling (PPP) for the Drug Policy Alliance, DC Vote, DC Working Families and the Washington City Paper. Two-thirds (66%) of respondents believe the mayor should pursue a legal method (such as use of reserve funds) to implement taxation and regulation of marijuana in the District. In light of congressional interference attempting to prevent such regulation, 63% of residents view marijuana legalization as a statehood issue for the District.

Medical Marijuana

Americans for Safe Access Releases Report on State Medical Marijuana Programs. The patient advocacy group graded each state and graded harshly. No state earned an "A" and only 12 earned a "B." Read the report here.

California Bill to Halt Medical Marijuana Bans Heads to Governor's Desk. After passing the Senate earlier this week, Assembly Bill 21, has now passed the Assembly and awaits a signature from Gov. Jerry Brown (D). The bill lifts a March 1 deadline for localities to regulate medical marijuana or lose control to the state. The deadline has prompted more than a hundred localtities to enact bans on various sorts in a bid to retain local control.

Florida Medical Marijuana Initiative Qualifies for the November Ballot. The group behind the effort, United for Care, said Wednesday the Division of Elections has recorded 692,981 verified voter signatures, nearly 10,000 more than needed to qualify. A similar effort won 58% of the vote in 2014, but failed to pass because constitutional amendments require 60% of the vote to pass in Florida.

Heroin and Prescription Opiates

Injection Drug Use Driving Appalachian Hepatitis B Infections. The Centers for Disease Control and Prevention report that acute Hepatitis B was up 114% in Kentucky, Tennessee, and West Virginia between 2009 and 2013. The report found that injection drug was tied to 75% of the new cases. Unlike Hep C, Hep B can be prevented with a vaccine, but vaccine coverage is low among adults nationwide.

Maine Governor Wants Gunowners to Shoot Drug Dealers. Just days after saying Maine should revive the guillotine to execute drug dealers, Gov. Paul LePage suggested just shooting them instead. "I tell ya, everybody in Maine, we have constitutional carry," LePage said in an on-camera interview in Lewiston. "Load up and get rid of the drug dealers. Because, folks, they're killing our kids," the governor said. He then denied that he was encouraging vigilantism.

New York Assembly Minority Task Force Releases Report on Heroin Addiction. The task force has come out with suggestions for combating heroin and opiate addiction. The recommendations include earlier drug education, involuntary "emergency medical" detention of addicts, and a felony "death by dealer" statute. Now, the task force must work with Assembly Democrats to create legislation.

Drug Testing

South Dakota Welfare Drug Testing Bill Killed in Committee. The Health and Human Services voted to kill a bill that would have required welfare applicants to undergo mandatory, suspicionless drug testing. Even the Republican governor had opposed the bill.

International

Producers of Prohibited Plants Issue Declaration Ahead of UNGASS. The Global Forum of Producers of Prohibited Plants (coca, opium, marijuana) is demanding that growers be heard at the UN General Assembly Special Session on Drugs in April. In a joint declaration from producers in 14 countries, the group urged an end to forced eradication of drug crops, the removal of the three plants from international drug control treaties, and sustainable rural economic development. Click the title link for a full list of participants and recommendations.

Chronicle AM: Mexico Legalization Debate Gets Underway, NH Gov Signs Heroin Bills, More... (1/25/16)

New Hampshire's governor signs a package of heroin and prescription opiate bills, a similar package goes to the desk of the Wisconsin governor, Illinois patients seek to add more qualifying conditions, South Dakota's GOP governor rejects a welfare drug testing bill, a key Mexican politician endorses pot legalization, and more.

Marijuana Policy

Student Marijuana Group Wins Free Speech Lawsuit Against Iowa State University. A federal judge last Friday ruled that ISU administrators violated the First Amendment rights of ISU NORML by barring the group from using ISU logos on its t-shirts. ISU NORML won a permanent injunction against the university preventing it from using its trademark policy to block the group from printing shirts depicting a marijuana leaf.

Denver Social Pot Club Effort Gains New Life. A shelved ballot measure that aims at winning approval for marijuana use at some private businesses is being brought back to life by a newly formed NORML chapter. Denver NORML says it is going to take up where advocates left off. Advocates from the Vicente Sederberg law firm and the Marijuana Policy Project had begun such a ballot effort last year, but withdrew and is now seeking a potential compromise ordinance with city officials and other interested parties. But Denver NORML says it time to "get this done."

Medical Marijuana

Arizona GOP Rep Withdraws Bill to Cripple Medical Marijuana Program. State Rep. Jay Lawrence (R-Fountain Hills) has withdrawn HCR 2019, which would have barred naturopaths and homeopaths from recommending medical marijuana. Nearly 90% of all recommendations in the state are written by those health care professionals. Lawrence said he withdrew his bill after his office "received so many calls" and he actually learned about how the program works.

Georgia Lawmaker Admits Breaking State Law to Help Families Obtain CBD Cannabis Oil. Rep. Alan Peake (R-Macon) admitted last week that he has been going to other states to obtain the medicine and bring it back for patients. Under a law he sponsored last year, CBD cannabis oil is legal for people for certain diseases, but there is no provision for in-state cultivation or sales. "We made sure that families properly registered with the state got access to medical cannabis, including delivering it to them if that's the only way we can make that happen," Peake said. "Maybe at some point there is a need for civil disobedience. It comes down to, 'What would I do if it were my child?'" Peake said.

Hawaii Bill Would Bar Patients From Growing Their Own. Now that dispensaries are set to open up in the state, Rep. Marcus Oshiro (D-Oahu) has filed a bill that would prohibit patients from growing their own, instead requiring them to use the dispensaries. The bill is House Bill 1680. Patient groups don't like it.

Illlinois Petition Seeks to Prod Governor to Expand Qualifying Medical Conditions. The state Medical Cannabis Advisory Board has recommended adding eight new qualifying conditions to the state's medical marijuana program. The petition is directed at Gov. Bruce Rauner (R) and the head of the state Department of Public Health, who will make the final decision. The petition currently has more than 19,000 and has been endorsed by Melissa Etheridge.

Ohio Attorney General Rejects Wording on Medical Marijuana Initiative. State Attorney General Mike DeWine (R) has rejected a third petition for a medical marijuana constitutional amendment. He said there were five discrepancies between the language of the proposal and its summary language.

Heroin

New Hampshire Governor Signs Heroin Bills. Gov. Maggie Hassan (D) has signed into law two bills, Senate Bill 447 and Senate Bill 576 that were part of a comprehensive proposal to deal with heroin and opiate addiction she put forth last fall. The former bill creates a study commission on using naloxone more broadly, while the second increases penalties for the sale of fentanyl, requires insurance companies to use similar evaluation criteria to streamline access to drug treatment, and strengthening the state's prescription monitoring program.

Wisconsin Legislature Approves Package of Prescription Monitoring Bills. The state Senate last week gave final approval to the package, which is aimed at reducing heroin use by requiring pharmacists to register prescriptions within 24 hours and requiring police to register prescription drugs found at the scene of an overdose. The package now goes to Gov. Scott Walker (R) for his signature.

New Psychoactive Substances

Massachusetts Bill Would Criminalize More Than a Dozen New Synthetic Drugs. State Rep. Tim Whelan (R-Brewster) has cosponsored a bill that would specifically target 19 new psychoactive substances listed as controlled substances by the DEA. The possession, manufacture, and distribution of the drugs would be criminalized under the bill.

Drug Testing

South Dakota Governor Rejects Welfare Drug Testing. Gov. Dennis Daugaard (R) is not supporting a recently filed bill to require suspicionless drug testing of welfare recipients. He said he had not been enthusiastic about similar bills in the past, that the effort was a waste of money, and it is "somewhat insulting."

International

Israeli Likudnik MK Filed Marijuana Decriminalization Bill. Member of the Knesset Sharren Haskel (Likud) has filed a bill to decriminalize pot possession. Such bills usually come from the left of the Israeli political spectrum. "More than a million Israelis occasionally consume cannabis, and the population that uses it is mostly not a criminal population," wrote Haskel. "These are normative people from all parts of society -- academics, public representatives, and others, who consume cannabis in their leisure time."

Key Mexican Lawmaker Calls for Marijuana Legalization, Medical Access. The president of Mexico's chamber of deputies, Jesus Zambrano, is calling for both medical and recreational marijuana use to be legalized. "The topic has its international component and efforts need to be combined, particularly between the United States and Mexico, to have common rules, laws that are essentially identical, though each with its own modalities, because we are distinct, but the United States must help our country apply, for instance, legalization of marijuana for medical and recreational use," said Zambrano. His was the opening salvo in a national debate on the topic that began Sunday.

Medical Marijuana Update

A handful of dispensaries open in New York, dispensary applications are now available in Hawaii, it looks like Florida will get another chance to vote for medical marijuana, and more.

National

Last Friday, a federal court okayed firing an employee for medical marijuana use. A federal district court in New Mexico has held that an employer is not obligated to accommodate an employee's use of medical marijuana, even when the drug had been supplied to the employee by a state-legal medical marijuana program. The ruling came in the case of an AIDS patient whose job offer was yanked after he tested positive for marijuana metabolites during a pre-employment drug test. The court noted that marijuana remains illegal under federal law.

Arizona

As of Wednesday, Arizona GOP legislators are trying to chip away at medical marijuana access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list doctors who can issue medical marijuana recommendations.

California

As of Wednesday, a fix was in the works for the state's medical marijuana regulation deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Florida

Last Monday, the medical marijuana initiative campaign handed in signatures. United for Care, the group leading the campaign, handed in more than one million raw signatures to state officials. The group needs only 683,149 valid signatures to qualify for the November ballot. In 2014, United for Care's initiative failed even though it won 58% of the vote. Because it was a constitutional amendment, it needed 60% to pass.

Hawaii

Last Tuesday, dispensary applications became available online. Applications must be submitted online and will only be accepted during the application period of Jan. 12, 2016, 8:00am Hawaii Standard Time (HST) to Jan. 29, 2016, 4:30pm HST. Get the online application here. There's a $5,000 application fee. Read about dispensary license requirements here.

Missouri

On January 7, a medical marijuana initiative was approved for signature gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

New Hampshire

Last Friday, the state approved its first medical marijuana production facility. The Department of Health and Human Services said last Friday that it has approved the first of three locations to grow medical marijuana and started mailing out ID cards. Some 176 Granite Staters have qualified to use medical marijuana so far.

New York

On January 7, the state's first dispensaries opened for business. Eight dispensaries opened in the state, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.

Last Monday, the state failed to approve PTSD and other health conditions for medical marijuana use. The state Health Commissioner determined there is not yet enough evidence of effectiveness to approve the use of medical marijuana to treat PTSD, Alzheimer's disease, muscular dystrophy, dystonia, and rheumatoid arthritis. The commissioner can, however, add qualifying conditions at any time and will be meeting with specialists to evaluate new scientific evidence as it becomes available.

Ohio

Last Thursday, lawmakers formed a medical marijuana task force. Ohio House Republicans unveiled details on a new task force on medical marijuana. In November, voters rejected Issue 3, which would have included medical marijuana in a broader legalization initiative, but there is broad popular support for medical marijuana in the state. Recent public opinion polls show 85% support medical marijuana.

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

Chronicle AM: CA Init Cleared for Petitioning, Gets Donations, VT Gov Says Legalize, More... (1/7/16)

It's another one of those all-marijuana news days -- the California initiative hits the ground running, New Hampshire legalization bills get filed, Canadian MPs get a pot package, and more.

Dana Larsen's gift to all 184 Liberal MPs in Canada (Twitter/Dana Larson)
Marijuana Policy

California Adult Use of Marijuana Act Initiative Can Start Signature Gathering. The AUMA is now the most viable shot at legalizing weed in California this year. It has the backing of tech billionaire Sean Parker, as well other marijuana mavens and reform movement donors. It needs 365,000 valid voter signatures by June to make the November ballot.

Contributions Start Coming in for California's AUMA Legalization Initiative. The AUMA has picked up $1.25 million in donations, including $250,000 from the Marijuana Policy Project, a matching $250,000 from Sean Parker, $250,000 from the New Approach PAC, $250,000 from Drug Policy Action (the lobbying and campaign arm of the Drug Policy Alliance), and $250,000 from the Californians for Sensible Reform committee (Weedmaps). That should cover the cost of signature gathering for the initiative.

Nebraska, Oklahoma Accuse Colorado of Acting Like Drug Cartel. Attorneys for the two states urged the US Supreme Court to let them sue their neighbor over its legal marijuana production and distribution system, accusing Colorado of creating "a massive criminal enterprise whose sole purpose is to authorize and facilitate the manufacture, distribution, sale and use of marijuana… "If this entity were based south of our border, the federal government would prosecute it as a drug cartel." The Obama administration has urged the high court to refuse to hear the case.

Trio of New Hampshire Legalization Bills Filed. Granite State lawmakers have filed not one, not two, but three bills to legalize marijuana. House Bill 1675 would legalize possession of up to 2.2 pounds of marijuana for personal consumption by adults 18 and older, and would also legalize cultivation of up to six pot plants at home. It was also allow the sale and taxation of marijuana. House Bill 1610 would legalize marijuana possession of up to two ounces for personal use by adults 21 and older, and would legalize cultivation of up to six plants at home -- limited to three mature plants at any one time. It would not allow retail sales, but would allow adults to gift up to an ounce to other adults. House Bill 1694 would legalize marijuana possession of up to one ounce by adults 21 and older, and would permit home cultivation of up to six pot plants, with a limit of three mature plants at one time. The bill would allow the sale and taxation of marijuana.

Vermont Governor Calls for Legalizing Marijuana in State of the State Address. Vermont Governor Peter Shumlin called on lawmakers to pass legislation legalizing and regulating marijuana in his final State of the State address today. He also declared the drug war a failure and expressed desire to continue emphasizing a health-based approach to drug policy by expanding treatment and overdose prevention programs, as well as by removing the stigma associated with drug use and addiction. With Shumlin entering his last year in office, this is a strong signal that he intends to make marijuana legalization a priority in the upcoming legislative session. "The outdated war on drugs has also failed," said Shumlin, "and there is no greater example than our nation's marijuana laws." Earlier this week, top legislative leaders downplayed the likelihood of legalization this year.

Drug Policy

Legalization Advocate Gary Johnson Announced Libertarian Presidential Bid. The former Republican New Mexico governor, who championed a discussion of drug legalization while in office, announced Wednesday that he is seeking the Libertarian Party presidential nomination. He resigned from his position as president and CEO of Cannabis Sativa Inc. to do so.

Medical Marijuana

First New York Dispensaries Opened Today. Eight dispensaries opened in the state today, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.

International

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.)

Medical Marijuana Update

An Oklahoma medical marijuana initiative is dead, state legislatures are gearing up with more medical marijuana bills, New York gets kosher medical marijuana, and more.

California

Last Monday, a federal judge threw out a monopoly lawsuit against Berkeley dispensaries. Plaintiff Christopher Smith had sued the city and its existing dispensaries, arguing that the city's cap of three dispensaries allowed them to operate as for-profit businesses. But US District Court Judge William Allsup dismissed the lawsuit, saying "this court will not lend aid to Smith's efforts to operate an illegal business."

Georgia

On Wednesday, a medical marijuana cultivation bill was filed. State Rep. Allen Peake (R-Macon) has filed House Bill 722 (not yet available on the legislative website), which would allow the state to issue up to six licenses for medical marijuana growers. The legislature last year passed a bill allowing for the use of high-CBD marijuana, but included no provisions for growing it in the state.

Illinois

On Monday, the state reported nearly $1.7 million in medical marijuana sales in less than two months. Sales began on November 9 and totaled nearly $1.7 million by year's end. The state said 2,815 patients had been served. The state has collected about $107,000 in taxes so far.

Indiana

On Tuesday, a CBD for kids bill was filed. Senate Agriculture Committee Chair Jean Leising (R-Oldenburg) has filed Senate Bill 72, which would grant immunity from prosecution to doctors conducting trials on the medical efficacy of cannabidiol (CBD). The bill has already been approved by an interim committee and is expected to have good prospects of passage.

Michigan

Last Friday, a bill to prevent employers from firing patients was filed. Rep. Jeff Irwin (D-Ann Arbor) and Rep. Sam Singh (D-East Lansing) have filed House Bill 5161 to protect the employment rights of medical marijuana patients. The bill would protect patients with registration cards, but they could still be fired if their marijuana use interferes with their job performance.

New York

Last Thursday, online registration for patients began. The state Health Department launched its online registration for patients to obtain non-smokable medical marijuana when it becomes available later this week. Registration information is here.

Last Friday, New York got its first kosher medical marijuana operation. Vireo Health, a provider of non-smokable medical marijuana products, has been certified kosher by the Orthodox Union. The Union said it awarded the certificate after inspecting the company's facilities to ensure that the marijuana was being grown and processed according to kosher standards. Vireo said it was the first time a medical marijuana producer had been demanded kosher.

North Dakota

Last Monday, the medical marijuana initiative was off to a fast signature gathering start. The North Dakota Committee for Medical Marijuana said that it had gathered between 700 and 800 signatures during its first three weeks of petitioning for its initiative. The group needs 13,452 valid voter signatures by July 11 to appear on the November ballot. It says its goal is to gather at least 15,000 signatures.

Oklahoma

Last Friday, the medical marijuana initiative petition drive fell short. There will be no vote on a medical marijuana initiative this year. An all-volunteer signature gathering campaign by Green the Vote only managed to obtain 70,266 signatures. They needed 123,000 valid voter signatures to qualify for the ballot.

Oregon

On December 24, a Lane County employee was fired for medical marijuan use. Medical marijuana is legal in Oregon. Heck, marijuana is legal in Oregon. But Lane County has fired a county employee suffering from cancer who uses medical marijuana because he violated the county's drug-free workplace policy. The fired worker, Eugene resident Michael Hirsch, now has the backing of the county's largest labor union. AFSCME Local 2831 said it plans to file a grievance and fight to get Hirsch's job back. "It's outrageous to me that the county did this," said union rep Jim Steiner. "We have fought the county's termination decisions before and won, but among the terminations, this one just doesn't make sense."

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

Chronicle AM: DC Council See-Saws on Pot Clubs, Fed Judge Throws Out Pot Credit Union Lawsuit, More (1/6/16)

Marijuana business access to banking services takes a hit from a federal judge, DC marijuana social clubs take a hit from the city council, Vermont legalization prospects get downplayed, pain patients are in the cross-hairs, and more.

Mexico City Mayor Miguel Angel Mancera says legalize it. (wikipedia.org)
Marijuana Policy

Federal Judge Throws Out Marijuana Credit Union Lawsuit. US District Court Judge R. Brooke Johnson today dismissed a lawsuit seeking approval from the Federal Reserve branch in Kansas City for the first credit union for pot businesses in the state. Jackson said he was compelled to dismiss the suit because marijuana remains illegal under federal law.

DC City Council Approves, Then Bans Marijuana Social Clubs. In a topsy-turvy day, the council first voted 7-6 to let an emergency ban on pot social clubs expire, but moments later, two council members switched positions, and the ban was extended a a 9-4 vote. The ban remains in effect for 90 days, and activists will continue to agitate for it to be allowed to expire.

Vermont Legislative Leaders Pour Cold Water on Legalization Prospects This Year. As the legislative session opens, House Speaker Shap Smith (D) said that there are still too many unanswered questions about how legalization would work and that he doesn't think it is ready for a full debate at this time. Minority Leader Sen. Joe Benning (R) said he, too, had similar questions and that the effort was "not quite ready for prime time." Both Smith and Benning said they generally support legalization.

Medical Marijuana

Georgia Medical Marijuana Cultivation Bill Filed. State Rep. Allen Peake (R-Macon) has filed House Bill 722 (not yet available on the legislative website), which would allow the state to issue up to six licenses for medical marijuana growers. The legislature last year passed a bill allowing for the use of high-CBD marijuana, but included no provisions for growing it in the state.

New Psychoactive Substances

Florida Grand Jury Calls for Statewide Bans on Broad Classes of NPSs. Empaneled to confront the use of "flakka," a synthetic cathinone called alpha-PDP, a Broward County grand jury has issued a report calling for a state law that would ban entire classes of new psychoactive substances, such as synthetic cathinones, rather than limited bans on specified chemical compounds. The report calls for passage of the 2016 Florida Designer Drugs Enforcement Act proposed Monday by Attorney General Pam Bondi (R). Flakka has been linked to some 60 deaths in the state over the past four years.

Pain Treatment

CDC Proposed Opiate Prescribing Guidelines for Chronic Pain Include Provisions for Drug Testing All Pain Patients -- Still Time to Comment. The Centers for Disease Control (CDC) Guideline for Prescribing Opioids for Chronic Pain includes provisions for requiring drug testing of all pain patients -- including those with cancer or terminal illnesses. Comment on the proposed guidelines here. Comments are open until January 13.

International

Mexico City Mayor Supports Marijuana Legalization, Says Would Hurt Cartels. Mayor Miguel Angel Mancera said last week that marijuana legalization is an issue of personal freedom and that it would hurt illegal drug trafficking organizations. "My position is always in defense of freedom," he told El Universal. "I do support legalization." Legalizing marijuana would not be attractive for drug cartels, he added, saying "it would be a blow to them." Mancera's comments come as the country prepares for a national debate on legalization later this month.

Chronicle AM: CA Could Get $1 Billion a Year in Pot Taxes, Kosher MedMJ Comes to NY, More... (12/31/15)

Thar's gold in that there merry-ju-wanna, California finance officials say; Oregon recreational tokers start paying taxes next week, kosher medical marijuana comes to New York, the US surgeon general is planning a review of drug policies, and more.

Marijuana Policy

California Could Get $1 Billion a Year in Pot Taxes, Finance Department Says. The state stands to gain "from the high hundreds of millions to over $1 billion annually," according to the Department of Finance's analysis of the Adult Use of Marijuana Act, the "Sean Parker initiative," which looks to be the one that will go before voters in November. The state could also save about $100 million a year from "the reduction in state and local criminal justice costs" associated with marijuana prohibition, the report added.

Mississippi Legalization Initiative Comes Up Far Short. A DeSoto County woman's effort to get a legalization initiative, Ballot Initiative 48, on the November 2016 ballot has come to an end. Kelly Jacobs managed to gather only 13,320 valid voter signatures by this week's Tuesday deadline. She needed 107,000 to qualify. Jacobs had complained of unlawful denial of access to public buildings and being threatened by Ku Klux Klan members, among other improprieties. "The truth about Mississippi and marijuana is that Mississippians are too afraid of the police to change the law themselves by supporting a ballot initiative with their signatures of approval," Jacobs said.

Oregon Recreational Marijuana Sales Tax Goes Into Effect Next Week. Recreational pot smokers who have been enjoying tax-free marijuana from dispensaries in the state will have to start paying up beginning on January 4. On that date, a 25% sales tax for pot takes effect. Registered medical marijuana patients will not be affected. The tax could decrease at a later date.

Medical Marijuana

New Yorkers Can Get Kosher Medical Marijuana. Vireo Health, a provider of non-smokable medical marijuana products, has been certified kosher by the Orthodox Union. The Union said it awarded the certificate after inspecting the company's facilities to ensure that the marijuana was being grown and processed according to kosher standards. Vireo said it was the first time a medical marijuana producer had been certified as kosher.

Drug Policy

US Surgeon General to Review Drug Policies. According to a Federal Register notice published Thursday, the US surgeon general is preparing a report "presenting the state of the science on substance abuse, addiction, and health. The review will cover both illegal drugs and legal substances, such as alcohol and tobacco. The report will be broad in scope, covering prevention, treatment, and recovery; social, economic, and health consequences of substance use; the state of health care access; and "ethical, legal and policy issues; and potential future directions."

Law Enforcement

Appeals Court Agrees to Hear Case of Texas Trucking Company Suing DEA. The 5th US Circuit Court of Appeals in New Orleans will hear oral arguments in the case of Craig Patty in February. Patty owns a trucking company. The DEA used one of his trucks without his permission in a drug cartel sting that resulted in a shootout in Houston leaving an informant dead and leaving Patty's truck bullet-riddled. Patty filed suit, seeking payment from the DEA for fixing the truck and for the temporary loss of its use, as well as damages for emotional turmoil to Patty, who feared the Zetas cartel could come after him. A federal circuit court judge ruled earlier in the DEA's favor.

International

Another Malaysian Faces Death Sentence for Marijuana Trafficking. A 35-year-old Malaysian man has been charged with trafficking 15 pounds of marijuana, which, under the country's Dangerous Drug Act of 1952, carries a mandatory death sentence. The defendant, S. Gunalan, had no legal representation during his initial hearing.

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law

In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law.

Will they agree with the Solicitor General?
The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems."

Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause.

They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce.

But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction.

The proper jurisdiction, the Solicitor General suggested, was federal district court.

The state of Colorado is fighting the lawsuit, and the Solicitor General's brief largely followed the arguments of the state in its briefs.

Drug reformers applauded the action.

"We are pleased the DOJ agrees that this lawsuit borders on the frivolous. States have historically been allowed to establish their own criminal laws," said Jolene Forman, staff attorney for the Drug Policy Alliance. "Moreover, Colorado is putting resources into ensuring its policies follow DOJ guidelines and has worked extensively with the DOJ towards this goal."

The federal government itself has not challenged the regulatory law in Colorado, nor did they choose to interfere with its implementation. To the contrary, the government has deprioritized enforcement of state-level marijuana reforms and acknowledged the interests that both states and the Federal government have in openly regulating marijuana.

"Nebraska and Oklahoma's primary problems are their own punitive policies regarding marijuana use and possession," said Art Way, Colorado State Director of the Drug Policy Alliance. "It is not Colorado's fault these states look to spend such a high degree of law enforcement and judicial resources on marijuana prohibition. Nebraska and Oklahoma should look to establish policies based on the potential harm of marijuana as opposed to simply using marijuana as the gateway to their criminal justice systems."

"This is the right move by the Obama administration," said Tom Angell, chairman of Marijuana Majority. "Colorado and a growing number of states have decided to move away from decades of failed prohibition laws, and so far things seem to be working out as planned. Legalization generates tax revenue, creates jobs and takes the market out of the hands of drug cartels and gangs. New federal data released this week shows that as more legalization laws come online, we're not seeing an increase in teen marijuana use, despite our opponents' scare tactics," he continued.

Washington, DC
United States

Chronicle AM: Naloxone News in NC & NYC, DC Pot Social Club Fight, CO Pot Tourism, More (12/10/15)

Legal weed is drawing tourists to Colorado, DC activists fight for pot clubs, a federal appeals court rules that all students at a technical college can be subjected to drug testing, there's naloxone news from New York City and North Carolina, and more.

NCHRC reports 1,500 overdoses prevented with Naloxone in 2 1/2 years.
Marijuana Policy

Legal Marijuana is Boosting Colorado Tourism. Pot businesses have long claimed as much, and now they have some solid evidence. A Colorado Tourism Office study released Wednesday shows that the state's marijuana laws influenced nearly half (49%) of decisions to vacation in the state. Some 22% of survey respondents said marijuana was "extremely influential" in their decision to visit Colorado. Twenty percent said it was "very much influential" and nearly 7% said it was "somewhat influential."

DC Activists Fight Back Against Bill That Would Ban Pot Clubs. The city council is today hearing a bill that would make permanent a ban on businesses allowing patrons to smoke marijuana on premises, but that's not sitting well with the people who got weed legalized in the District. "It's unnecessary. The current law prohibits any venue from selling marijuana or promising marijuana in exchange for admission. But what they're doing with this bill is banning any kind of use of use outside the home. There's a big problem with that, because there are lots of people who have nowhere to use their cannabis," said Adam Eidinger, the man behind the District's successful 2014 legalization initiative. Eidinger is warning that if the council passes the bill, he could push more ballot initiatives, including one allowing marijuana to be treated like tobacco and one that would impose term limits on council members.

Illinois Lawmaker Files Decriminalization Bill. Rep. Kelly Cassidy (D-Chicago) announced today that she is filing House Bill 4357, which would make possession of up to 10 grams a civil offense punishable only by a fine. A similar bill passed earlier this year only to be vetoed by Gov. Bruce Rauner (R), who proposed amendments to it at the time of his veto. The new bill addresses those amendments.

Michigan Legalization Campaign to Extend Signature Gathering. MI Legalize is extending its signature gathering campaign and turning to paid circulators to qualify for next year's general election ballot. Under state law, petitioners have 180 days to gather signatures, but that is a clock that runs backward from the time signatures are actually turned in. The campaign's original turn-in date was December 21, but it will now go longer. That means early gathered signatures may not be counted. For example, if the campaign turned in signatures on January 21 instead of December 21, the first 30 days' worth of signatures would not be counted, but more recent signatures would.

Medical Marijuana

Georgia Medical Marijuana Commission Rejects Growing It In-State. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

Missouri Medical Marijuana Initiative Approved for Circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Drug Testing

Federal Appeals Court Rules Missouri College Can Drug Test All Students. The 8th US Circuit Court of Appeals in St. Louis ruled Monday that the Linn State Technical College can require all students to take drug tests. The appeals court decision overturns a federal judge's 2013 decision that the college could only drug test students in five particularly safety-sensitive programs. The school policy had been challenged by the ACLU of Missouri, which said such widespread, suspicionless drug testing violated the Fourth Amendment.

Harm Reduction

New York City Makes Overdose Reversal Drug Naloxone Available Without a Prescription. Mayor Bill de Blasio (D) announced Monday that the opioid overdose reversal drug naloxone (Narcan) will now be available without a prescription in pharmacies in the city. "The deaths are what we all struggle to avoid… but that's just the tip of the iceberg," de Blasio said during his announcement at a YMCA. "For every death, there are literally hundreds who struggle with addiction."

North Carolina Sees 1,500 Lives Saved With Overdose Reversal Drug Naloxone. In just under 2 ½ years, more than 1,500 overdose deaths have been prevented with the use of the overdose reversal drug naloxone (Narcan), the North Carolina Harm Reduction Coalition reported today.

Law Enforcement

Rep. Steven Cohen Rips Use of Student Snitches. In the wake of a 60 Minutes report last Sunday and earlier reporting by Reason, Rep. Steve Cohen (D-TN) ripped into the practice of using nonviolent, first-time drug offenders as confidential informants. "It's time for the Department of Justice to take a close look at how the behavior of confidential informants not only threatens to ruin young lives, but in some cases, end their lives," he said, adding that he intends to file reform legislation.

International

Scotland To Begin Ticketing, Not Prosecuting, People With Pot. Starting next month, Scottish police will issue warnings to people caught with marijuana rather than prosecuting them. The move is part of a broader effort to change how police deal with petty crime, freeing them up to deal with more serious offenses.

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.]

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School