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Medical Marijuana Update

A bad court ruling in Arizona, a good court ruling in Michigan, trouble for Florida's Measure 2, actions against dispensaries in California, and more. Let's get to it:

Arizona

Last Thursday, a state appeals court held that medical marijuana users can be charged with DUI even if they're not actually impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

California

Last Wednesday, four San Diego dispensaries were shut down by court order. San Diego authorities won court orders earlier in the week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

Last Thursday,the DEA raided two Los Angeles dispensaries. DEA agents raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

On Tuesday, Humboldt County supervisors approved a more restrictive cultivation ordinance. Saying they were trying to reduce neighborhood nuisances caused by excessive cultivation, supervisors voted unanimously to limit outdoor grows to 100 square feet on plots under five acres and 200 square feet on plots larger than that.

Also on Tuesday, Sonoma County supervisors directed planning officials to review the county's cultivation ordinance. Currently, people can grow up to 30 plants or up to 100 square feet. Supervisor Shirley Zane tried two years to tighten the rules, but had to back down in the face of loud opposition. Now, she wants to try again.

Florida

On Monday, another poll suggested that Measure 2 is in danger. A Gravis Marketing poll has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Also on Monday, news came that Republican money man Sheldon Adelson had put up another $1 million to defeat Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of that. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

Michigan

Last Friday, the state court of appeals held that medical marijuana users are entitled to unemployment compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania

On Monday, a state senator urged DAs to not prosecute medical marijuana cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Washington

Last Thursday,Seattle warned dispensaries they will need state licenses. The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

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

Chronicle AM: OR Measure 91 Race Tightens, ACLU Petition on Police Militarization, Chile MedMJ, More (10/29/14)

There's a scary poll out in Oregon, the Drug Policy Alliance grades the House of Representatives, the ACLU has a petition to stop the Pentagon sending surplus military equipment to police forces, and more. Let's get to it:

Announcing the first permitted medical marijuana planting in Chile today. (fundaciondaya.org)
Marijuana Policy       

Latest Poll Has Oregon Measure 91 in Dead Heat. The latest poll from the Oregonian has the Measure 91 legalization initiative trailing in a tight race, but within the poll's margin of error. The poll of likely voters had 44% supporting the measure, with 46% opposed and 9% undecided or refusing to answer. The poll's margin of error is +/- 5%. An earlier survey by Oregon Public Broadcasting had the measure leading with 52%. One possible explanation for the difference in the polls is the age breakdown among the respondents. The OPB poll had a higher number of younger voters, who tend to support the measure, but who also tend to be less likely to vote than older voters.

Drug Policy

Drug Policy Alliance Voters' Guide Grades US Representatives. The Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance (DPA), has released its 2014 Drug Policy Reform Congressional Voter Guide, which grades members of Congress on how they voted on seven key drug policy issues this year and last. The guide names 10 representatives as "champions of reform." They are Reps. Earl Blumenauer (D-OR), Steven Cohen (D-TN), Sam Farr (D-CA), Barbara Lee (D-TX), Thomas Massie (R-KY), Eleanor Holmes Norton (D-DC), Beto O'Rourke (D-TX), Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Bobby Scott (D-VA).  DPA says the guide is not just to educate voters, "but also to send a firm message to elected officials that they will be held accountable for supporting draconian policies that exacerbate the worst harms of the drug war." It names 141 representatives who failed to get a passing grade. 

Law Enforcement

ACLU Petitions to End Program Giving Surplus Military Equipment to Police Agencies. The American Civil Liberties Union (ACLU) has begun a petition drive designed to "stop arming local and state law enforcement with military equipment" and "impose a moratorium on the 1033 program to temporarily halt equipment transfers and create transparency and safeguards within this program." 1033 is the program under which surplus US military equipment, such as Humvees, armored personnel carriers, and the like are given free of charge to local and state police. The program has come under increased fire in the wake of heavily militarized police deployments in Ferguson, Missouri, after the police shooting of Michael Brown. Go to the link to sign the petition, then spread the word on social media platforms.

International

Mexico Announces Arrest of Four Drug Gang Members in Case of Missing Student Teachers. Attorney General Jesus Murillo Karam Tuesday announced the arrest of four Guerreros Unidos cartel members who allegedly confessed to participating in the disappearance of 43 student teachers a month ago after they were detained by police. Murillo said that two of those arrested had admitted receiving the students and were about to reveal their location. The case, which unveiled close ties between drug gangs and local authorities, has roiled Mexican politics ever since the students went missing.

Medical Marijuana Planted Today in Chile. After authorities in the La Florida district of Santiago, the Chilean capital, gave their permission, medical marijuana supporters today planted marijuana plants that will be harvested in April and turned into a cannabis oil to be used to treat pain in cancer patients. The project is being run by the Daya Foundation, and will also include a clinical study of marijuana's effectiveness as a pain reliever. 

Marijuana Reform on Local Ballots in Five States Next Week: The Rundown [FEATURE]

Election Day is less than a week away, and it's not just statewide marijuana, medical marijuana, sentencing reform, and drug testing initiatives that we're watching. In five states, voters in some cities or counties will have opportunities to cast ballots for local marijuana reform measures.

In four out of the five states—California being the exception—the local initiatives, some binding, some not, are chances to vote for decriminalizing or legalizing pot. In all of those states, these city- or county-level measures are just the latest steps in sometimes years-long campaigns laying the groundwork for state-level legalization, either through the ballot box or through the legislature.

California is a special case this year. With pot possession already decriminalized, its unique medical marijuana laws providing broad, if uneven, access, and the near certainty that statewide legalization is going to be on the ballot in 2016, nobody is bothering with local legalization measures in 2014 (although they had successful ones in a number of cities in the past).

In California, all the action is about medical marijuana. Let's start there.

California

With the state legislature unable or unwilling to pass statewide medical marijuana regulations, battles on the topic regularly devolve to the local level. This year is no exception. There are three broad areas of contention this year: cultivation, dispensaries, and taxes.

Four counties are dealing with cultivation issues. In Butte County, Measure B is a less restrictive ordinance than Measure A, which was passed by the board of supervisors. Both are on the ballot. In Lake County, Measure O and Measure P, both seek to overturn the restrictive Measure N, which was narrowly approved by voters last year. Measure O would allow more plants to be grown, while Measure P declares that personal—not commercial—grows  are a fundamental right and that people growing for their own use are exempt from county cultivation ordinances.

In Nevada County, Measure S would liberalize the county's restrictive cultivation ordinance by allowing indoor cultivation anywhere, eliminating some minimum distance and other restrictions, and allowing up to 60 plants to be grown on plots over 30 acres. In Shasta County, Measure A is a referendum on an ordinance banning outdoor grows and home cultivation. A "no" vote on Measure A would repeal the ordinance.

Medical marijuana remains contested terrain in California. (wikimedia.org)
Dispensaries are on the ballot in a number of cities and counties. In Orange County's Santa Ana, two competing measures are on the ballot. Measure CC would allow for a minimum of 22 dispensaries, while the more restrictive, city council-sponsored Measure BB has no minimum number of dispensaries, a higher tax rate, and more restrictions than Measure CC.

In San Diego County, two cities have dispensary measures on the ballot. In Encinitas, Measure F would allow dispensaries and tax them at a 2.5% rate, while in La Mesa, Measure J would do the same thing. In Riverside County, Blythe's Measure Z would authorize and regulate dispensaries, with a 15% business tax.

Straight taxation questions are also on the ballot in Santa Cruz County (Measure K), the city of Santa Cruz (Measure L), Shasta Lake City (Measure C), and two Riverside County communities, Cathedral City (Measure N) and Desert Hot Springs, which has both a cultivation tax measure (Measure HH) and a dispensary tax measure (Measure II) on the ballot.

[Thanks to the Drug Policy Forum of California and its November 2014 Election Guide for the information on California local initiatives.]

Maine

In Maine, the Marijuana Policy Project (MPP) and local allies are sponsoring possession legalization initiatives in two towns, Lewiston and South Portland. A similar effort in York was blocked by recalcitrant town leaders. This year's effort builds on last year's success in Portland, Maine's largest city, where a similar initiative was approved with 67% of the vote.

In Lewiston, the personal legalization initiative is Question 2; it South Portland, it is Citizen-Initiated Ordinance #5.

Lewiston is the state's second largest city, while South Portland is its fourth largest. Victories in those two cities next week, along with last year's victory in Portland, will lay the groundwork for a statewide legalization push in 2016, which MPP says is coming.

Massachusetts

For the last six election cycles, activists with the Drug Policy Forum of Massachusetts and MassCann/NORML have been laying the groundwork for marijuana law reform through the use of non-binding Public Policy Questions (PPQs), by which voters signal their reform desires to their elected representatives. The questions have been on medical marijuana, decriminalization, and legalization—and they have never lost.

MassCann/NORML practices some street activism. (masscann.org)
Public opinion in the form of successful public policy questions helped decriminalize marijuana in 2008 and legalize marijuana in 2012. This year, the questions are all about legalization, and the aim is clear: making Massachusetts a legal marijuana state within the next couple of years.

This year, the question asks: "Shall the State Representative from this district be instructed to vote in favor of legislation that would allow the state to regulate and tax marijuana in the same manner as alcohol?"

Voters will be answering that question in the following districts: 4th Barnstable, 4th Berkshire, 1st Essex, 2nd Franklin, 14th Middlesex, 15th Middlesex, 24th Middlesex, and 8th Norfolk.

Michigan

In an fight led by the Safer Michigan Coalition, marijuana decriminalization is on the ballot in 11 Michigan towns and cities this year. Like the efforts in Maine and Massachusetts, the effort in Michigan this year is part of an ongoing process whose ultimate end is legalization. Eleven other Michigan cities, including Detroit, Flint, Grand Rapids, Kalamazoo, and Lansing—the state's largest cities—have already passed similar measures. No city has ever defeated one.

This year, voters will have the chance to do the same in Berkley, Clare, Frankfort, Harrison, Huntington Woods, Lapeer, Mt. Pleasant, Onaway, Port Huron, Pleasant Ridge and Saginaw.

All will be voting on questions similar to this one, from Port Huron: "Shall the Charter of the City of Port Huron, Michigan be amended such that nothing in the Code of Ordinances shall apply to the use, possession or transfer of less than 1 ounce of marijuana, on private property, or transportation of 1 ounce or less of marijuana, by a person who has attained the age of 21 years?"

New Mexico

The state's most populous county, Bernalillo County, and its third most populous, Santa Fe County, will vote on advisory, non-binding questions designed to measure popular support for marijuana decriminalization.

In both counties, the question asks: "Are you in favor of the [...] County Commission supporting County, City, and Statewide efforts to decriminalize possession of one ounce or less of marijuana?"

There should also have been a pair of municipal decriminalization initiatives in Albuquerque and Santa Fe, but it didn't work out that way. The Drug Policy Alliance and Progress New Mexico worked through the summer and into the fall to put the initiatives before the voters in Albuquerque and Santa Fe, but neither actually happened.

In Santa Fe, the city council, when presented with the qualified initiative, just voted to accept it instead of putting it to a popular vote. In Albuquerque, the reason no vote is occurring is not so happy. Although the city council voted to put the initiative on the November ballot, Mayor Richard Berry (R) vetoed it.

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If the past is any indication, these building-block local initiatives should all fare very well at the polls and continue to build the number of American political jurisdictions that have gone on record for ending pot prohibition. Come back next week to see if we can confirm that. 

Chronicle AM: FL MedMJ Init in Danger, CO Legalization Report, Russia Synthetics Ban, More (10/28/14)

The Florida medical marijuana initiative appears to be in trouble, thanks in part to a deep-pocketed GOP opposition donor, a federal court is hearing evidence on marijuana's scheduling, a new report on Colorado's legalization finds less than meets the eye, Russia bans some new synthetics, and more. Let's get to it:

Florida's medical marijuana initiative faces an uphill battle in the campaign's final days.
Marijuana Policy

Federal Court Hears Arguments on Proper Scheduling of Marijuana. In a federal court hearing in Sacramento that continues today, three medical experts testified that the scientific evidence does not support classifying marijuana as a Schedule I drug under the Controlled Substances Act. This is the first time in living memory that a federal court in a criminal case has allowed discussion of marijuana's proper placement in the drug schedules. Testifying for the defense in US v. Schweder, Gregory Carter, MD, and Carl Hart, PhD, told the court that marijuana is neither "very dangerous" nor "lacking medical use," both of which are required to support a Schedule I placement.

Cincinnati City Council Moves to Fix Its Pot Policy Misstep. Ohio is a state where the possession of marijuana is decriminalized, but in 2006, the Cincinnati city council tried to crack down on it, making possession of even small amounts a misdemeanor offense under city ordinance. The council later repealed that law, admitting it was a mistake. Now, it has moved to undo one of the nastier consequences of its actions, voting Monday to allow people arrested under that ordinance to have their criminal records expunged. More than 10,000 people were arrested under the ordinance, which was in effect until its repeal in 2010.

Cato Report on Colorado Legalization: No Big Deal. For all the sturm und drang surrounding the consequences of marijuana legalization in Colorado, a new report by Harvard economist Jeffrey Miron for the Cato Institute finds it just wasn't that big a deal. Miron found little impact on crime, traffic accidents, or teen drug use -- the banes of the anti-legalization folks -- but neither did he find a big impact on the state's economy. And he found that tax revenues were lower than estimated. Miron's bottom line? "The evidence here indicates that strong claims about Colorado's legalization, whether by advocates or opponents, are so far devoid of empirical support."

Medical Marijuana

Florida's Measure 2 In Danger. A Gravis Marketing poll released Monday has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Republican Money Man Sheldon Adelson Contributes Another $1 Million to Defeat Florida's Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of it. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

International

Russia Bans Ingredients for New Synthetic Drugs. Russia has expanded its list of banned drugs to include methoxetamine, NM-018, and methylphenidate -- all used to create new synthetic drugs. The move comes after Russian senators proposed earlier this month to ban new synthetics from the moment they are discovered instead of going through the lengthy process of listing them on the Federal Drug Control Services' list of banned drugs.

Chronicle AM: Latest AK & OR Polls, AZ & MI MedMJ Rulings; Ireland Naloxone, More (10/27/14)

It's nail-biting time for the Alaska and Oregon legalization initiatives, appeals courts in Arizona and Michigan rule on medical marijuana cases, Chuck Schumer (again) wants more money to fight drugs, the acting drug czar opens the harm reduction conference (!), naloxone is coming to Ireland, and more. Let's get to it:

Ireland has approved a pilot program making the opiate overdose reversal drug available. (harmreduction.org)
Marijuana Policy

Latest Poll Has Oregon Measure 91 Under 50%, But With Four Point Lead. The latest SurveyUSA Oregon poll has the Measure 91 legalization initiative leading 44% to 40%, with 16% undecided. All recent polls have shown the measure leading, but as election day draws near, the gap is tightening and support is hovering under 50%. That means it's going to come down to two things: turn-out and how the undecideds break.

Latest Poll Has Alaska Measure 2 Under 50%, But With Four Point Lead. A new Hellenthal and Associates poll has the Measure 2 legalization initiative leading 46.5% to 42.2%, with 11.3% undecided. Those supporting Measure 2 included 29.7% who "strongly favor" and 16.8% who "somewhat favor." Among foes, 35.0% "strongly oppose" and 7.2% "somewhat oppose." Like Oregon, it looks like this one is going down to the wire, and turnout and undecideds will make the difference. Click on the title link for full poll results.

Medical Marijuana

Arizona Appeals Court Holds Medical Marijuana Users Can Be Charged With DUI Even if Not Impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

Michigan Court of Appeals Holds Medical Marijuana Users Can Get Unemployment Compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania State Senator Urges DAs to Not Prosecute Medical Marijuana Cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, has called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Harm Reduction

Acting Drug Czar Opens National Harm Reduction Conference. It wasn't so long ago that top US government officials wouldn't even say the words "harm reduction," but things have changed. Acting director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Michael Botticelli opened the 10th Annual National Harm Reduction Conference, which took place in Baltimore over the weekend. "It really is no coincidence that I'm here,"Botticelli said. "I hope that my presence here reflects the Obama administration's commitment to continuing drug policy reform." Botticelli announced no great initiatives, but he did say that he wanted to ensure that "federal policy reflects the needs of people on the ground," and also expressed the hope that his working relationship with the Harm Reduction Coalition will "continue to grow."

Heroin

Kentucky Republican Lawmakers Vow to Push Legislation Targeting Heroin Dealers. Two GOP legislators have pre-filed the Kentucky Heroin Impact Act (BR 164), which would increase criminal penalties for heroin trafficking. "Unless we take action now, our streets will be lined with dead bodies," said bill cosponsor Rep. Joe Fischer (R-Fort Thomas). The bill also calls for increased public education and more funding for drug treatment. Similar legislation died this year in the legislature.

Law Enforcement

Schumer Wants More Federal Dollars to Fight Online Drug Sales. New York US Sen. Charles Schumer (D) wants the Justice Department to turn up the heat on illicit online drug sales, he said today. He said in a statement he would fight to get more money for the department to fight "drug-related cybercrime." "These websites, by allowing users to rate the delivery services of sellers and by offering any drugs imaginable under the sun, are nothing less than an all-you-can order buffet of contraband that need to be investigated and targeted with more intensity,"he added.

Sentencing

Bail Reform Question is on New Jersey Ballot. New Jersey residents will be voting on a measure that could usher in comprehensive bail reform in the Garden State. Public Question No. 1 asks voters to change the state constitution to give judges the ability to deny bail to dangerous suspects, but it also would enact groundbreaking legislation to comprehensively reform the state's broken bail system. That legislation only goes into effect if the question passes. A recent found that on any given day, nearly 75% of the 15,000 individuals in New Jersey jails are awaiting trial rather than serving a sentence. The average length of pretrial incarceration for these individuals is more than ten months. Nearly 40 percent of the total jail population has the option to post bail but lacks the financial resources to do so and more than 10 percent of individuals could secure their release pending trial with $2,500 or less.

International

Irish Heroin Users to Get Overdose Reversal Drug Naloxone. Beginning early next year, some 600 Irish heroin and methadone users and their families will be supplied with naloxone (Narcan), the overdose reversal drug. It's a pilot program from the Health Service Executive, and follows the success of a similar project in Wales. Ireland has suffered around 200 opiate overdose deaths a year in recent years.

Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)

James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:

Leading academic marijuana policy expert Mark Kleiman grumbles, but says "yes" on Oregon Measure 91 (ucla.edu)
Asset Forfeiture

Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.

Marijuana Policy

Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.

Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.

Medical Marijuana

Four San Diego Dispensaries Shut Down By Court Order. San Diego authorities won court orders earlier this week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

DEA Raids Two Los Angeles Dispensaries. DEA agents Thursday raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

Drug Testing

Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.

International

Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.

Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.

Chronicle AM: NAACP & NOW Support DC Init, Pot Shop ATM Problems, Mexico Impunity, More (10/23/14):

Marijuana retailers face ATM problems, Seattle dispensaries get a heads up, the DC initiative wins a pair of endorsements, California's Prop 47 is drawing big bucks support, the Mexico missing student teacher story gets uglier, and more. Let's get to it:

You may need cash at your local marijuana retailer after a banking network pulled the plug. (Sonya Yruel/DPA)
Marijuana Policy

Pew Poll: Latinos Are Even Split on Marijuana Legalization. A new Pew Research Center survey finds that Latino voters are slightly less likely than the population as a whole to favor marijuana legalization, but are almost evenly divided in their opinions. Some 49% said marijuana should be legal, while 48% said it shouldn't. A Pew poll earlier this year found support for marijuana legalization among the general population at 53%.

Banking Network Pulls the Plug on Pot Shop ATMs. Hundreds of recreational and medical marijuana retail outlets in Colorado and Washington have had their ATMs shut down after the South Dakota-based MetaBank pulled the plug on them. MetaBank had warned ATM providers in January that the presence of such machines in marijuana retail outlets violated federal rules, but shops had remained unaffected until this week. Other retail outlets using different bank networks were still able to process transactions.

DC Initiative Wins Endorsement from NAACP, NOW Branches. The DC marijuana possession and cultivation legalization initiative, Measure 71, has picked up the endorsements of the local chapters of the National Association for the Advancement of Colored People (NAACP) and the National Organization for Women (NOW). "The NAACP DC Branch strongly advocates to end the war on drugs, which has caused significant damage in our communities. Endorsement of Initiative 71 does not mean that the NAACP is pro marijuana, however, we view Initiative 71 as a step towards ending discriminatory drug policies." said Akosua Ali, President of the NAACP DC Branch. "Criminalization of marijuana has played a major role in the racial disparities and injustice in the criminal justice system," said Susan Mottet, president of DC NOW. "DC NOW works to end all discrimination in DC and urges the voters to pass Initiative 71 to help put an end to this tool for discrimination."

Medical Marijuana

Seattle Warns Dispensaries They Will Need Licenses, But… The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

Sentencing

California Defelonization Initiative Picking Up Big Bucks Support. Proposition 47, he initiative that would defelonize drug possession and some other offenses, is getting generous contributions from California-based technology mavens and other business figures, but those donations are being dwarfed by the ACLU, which has contributed more than $3 million. Some of the big names include Netflix CEO Reed Hastings ($246,000); Cari Tuna, the wife of Facebook billionaire Dustin Moskovitz ($150,000), Democratic Party funder Quinn Delaney ($100,000), Hyatt Development Corporation CEO Nick Pritzer ($250,000), and app maker Sean Parker ($100,000).

International

OAS Drug Commission Meets in Colombia. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) met in Cartagena, Colombia, yesterday and today, and addressed the consensus among countries that prison overcrowding in the Americas is a real problem, with more than 1.5 million people detained for drug offenses. The results of this initiative will be presented at the upcoming biannual meeting of CICAD that will take place in Guatemala during the third week of November.

Canadian House of Commons Report on Cannabis Harms. The Conservative-dominated House of Commons has issued a report on the harms of marijuana. It recommends raising "public awareness and knowledge of the risks and harms associated with marijuana use." Click on the link to read the report.

NACLA on Race, Class, and Cannabis in the Caribbean. The venerable North American Congress on Latin America (NACLA) has published a thoughtful piece about marijuana reform in the Caribbean, The Other Side of Paradise. In in, author Kevin Edmonds cites Caribbean activists to the effect that the region must act effectively on reforms or risk losing its lucrative, but currently illicit, pot crops to imported marijuana from places where it's already legal. An interesting read.

Case of Missing Mexican Student Teachers Unveils Tight Ties Between Local Officials, Drug Gang. Mexico's top prosecutor said Wednesday that the mayor of Iguala and his wife ordered the attack on 43 radical student teachers who have been missing for a month now, and that the wife, Maria de los Angeles Pineda, was the "principal operator" of the Guerreros Unidos drug gang, which is being blamed for disappearing the students. Jesus Murillo Karam said the mayoral couple ran the group's illegal activities out of Iguala's city hall. City hall was attacked again Wednesday by protestors demanding the return of the students, and thousands marched in Mexico City to demand justice in the case, which is turning into a national scandal epitomizing the breadth of corruption and impunity in the country. Several mass graves have been found in the area, but the bodies in them haven't been identified as those of the missing students. That raises another touchy question: Whose bodies are in the mass graves?

Medical Marijuana Update

There's a national "vote medical marijuana" campaign, Colorado won't ban edibles, the Florida initiative appears to be in trouble, Massachusetts patients can start registering, and more. Let's get to it:

National

On Sunday, Americans for Safe Access launched a "Vote Medical Marijuana" campaign. The medical marijuana defense and advocacy group aims to educate voters ahead of next month's elections with a new 30-second online TV advertisement that aired on Sunday cable news programs in Detroit, Philadelphia, South Florida, and Washington state. The campaign also includes an interactive online voters' guide at VoteMedicalMarijuana.org. Check it out at the links.

California

Last Friday,the bell tolled for San Jose dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of last Friday, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

On Tuesday, the Costa Mesa city clerk certified an initiative for the ballot. The Act to Restrict and Regulate the Operation of Medical Marijuana Businesses (ARRO) gathered well over the number of signatures necessary to make the ballot in a special election. That could be avoided if the city council approves the ARRO at its November 18 meeting. The initiative would allow up to eight dispensaries in the city.

Colorado

On Monday, the health department backed away from a proposal to ban most edibles. The Department of Public Health and Environment had told state regulators they should ban most edibles, but backed away from that idea after a firestorm of criticism.

Florida

Last Thursday, another poll had the Florida initiative coming up short. A new Tampa Bay Times/Bay News 9/UF Bob Graham Center poll had the Amendment 2 medical marijuana initiative at 48% of the vote with 44% opposed and 7% undecided. Because the initiative is a constitutional amendment, it needs 60% to win. This is just the latest in a series of polls showing the initiative failing to reach that mark. Click on the link for more poll details.

Guam

On Monday,a judge dismissed a lawsuit seeking to block the vote on a medical marijuana initiative. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Massachusetts

Last Friday, the health department announced that patients can now register for state ID cards. Patients need to get them by February 1; after that date, unregistered patients will have no legal protections.

Missouri

On Tuesday, the health department announce it is about to begin taking applications to grow low-THC, high-CBD medical marijuana. People who want to grow high-CBD, low-THC marijuana for medical purposes under a new state law can begin submitting applications to the state Department of Health beginning November 3. The state will license two growers, and the window for applications is 30 days. The growers must operate as nonprofits and must produce marijuana that is less than 0.3% THC.

Oregon

Last Thursday, a circuit court judge ruled local governments can ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

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

Chronicle AM: UT Defelonization Proposed, TX Pot Bills Coming, Afghan Opium Fiasco, More (10/22/14)

Texas will see marijuana reform legislation next year, "Brownie Mary" Democratic Clubs come to California's East Bay, Utah will consider drug defelonization, Afghan poppy fiasco, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

Marijuana Policy Project Takes Aim at Texas. The Marijuana Policy Project is working with legislators in Austin to craft a trio of marijuana reform bills to be pre-filed next month. One would decriminalize pot possession, one would allow medical marijuana, and one would be a tax and regulate legalization bill. Click on the title for more details.

California "Brownie Mary" Democratic Clubs Spread to East Bay. Pro-marijuana legalization Democrats have organized the first "Brownie Mary" Democratic Club in the East Bay area. "Brownie Mary" Rathbun was a pioneering medical marijuana activist in San Francisco in the days before Prop 215, and the clubs are a means to articulate a marijuana reform agenda in Democratic Party circles. Now, Alameda County has one. There are others in Los Angeles, Riverside, Sacramento, San Bernardino, and San Francisco counties.

Sentencing

Utah Could Defelonize Drug Possession, Make Other Sentencing Reforms. The Utah Commission on Criminal and Juvenile Justice Wednesday unveiled a sweeping series of proposed criminal justice reforms, including reducing simple drug possession from a felony to a misdemeanor. Other proposals would make drug sales the lowest degree felony and rework "drug free zone" statutes to focus on crimes where children are present. The proposals are expected to go before the legislature in January.

Law Enforcement

A Tale of Two Texas SWAT Drug Raids Where Officers Were Killed. Mother Jones magazine examines the results in two recent Texas SWAT drug raids that left police officers dead. In one case, the shooter was a white marijuana grower. In the other, the shooter was a black man who had a glass pipe. Guess which one got charged with murder and which one didn't. A good, provocative read; check it out at the link.

International

US Spent $7.6 Billion to Fight Afghan Opium Poppy Cultivation, But It's Now at An All-Time High. The US special inspector general for Afghanistan reconstruction has called into question US drug policy there after finding that, despite the US spending $7.6 billion to fight the opium trade since it invaded in 2001, the amount of land dedicated to poppy cultivation is at an all-time high of 523,000 acres. "In past years, surges in opium poppy cultivation have been met by a coordinated response from the US government and coalition partners, which has led to a temporary decline in levels of opium production," John Sopko said in a letter to Secretary of State John Kerry, Defense Secretary Chuck Hagel, and other top US officials. "The recent record-high level of poppy cultivation calls into question the long-term effectiveness and sustainability of those prior efforts,"he said on Tuesday. "With deteriorating security in many parts of Afghanistan and low levels of eradication of poppy fields, further increases in cultivation are likely in 2014," he added.

Putting the Statewide Marijuana Initiatives Over the Top [FEATURE]

It's now less than two weeks until Election Day, and statewide marijuana initiatives are on the ballot in four states. All have a shot at winning, and as the clock ticks down, all of them are seeking last minute help to get them over the top.

The Chronicle talked this week to people in the various campaigns, and all of them have concrete ideas on what people can do to help -- whether in-state or not -- in the final days. But before we get to what can be done, let's first review the initiatives, three that would legalize marijuana and one that would legalize medical marijuana:

Alaska Measure 2

The Measure 2 initiative allows adults 21 and over to possess up to an ounce and up to six plants (three flowering). It also allows individual growers to possess the fruits of their harvest even in excess of one ounce, provided the marijuana stays on the premises where it was grown. The initiative also legalizes paraphernalia.

The initiative grants regulatory oversight to the state Alcoholic Beverage Control Board, but gives the legislature the authority to create a new entity, the Marijuana Control Board. In either case, the regulatory authority will have nine months to create regulations, with applications for marijuana businesses to open one year after the initiative becomes effective.

A $50 an ounce excise tax on sales or transfers from growers to retailers or processors would be imposed.

The initiative does not alter either existing DUI laws or the ability of employers to penalize employees for testing positive for marijuana.

The initiative would not interfere with existing medical marijuana laws.

DC Measure 71

The Measure 71 initiative would allow adults 21 and over to possess up to two ounces of marijuana and six plants, three of which can be mature. Households could grow up to 12 plants, six of which can be mature. Growers can possess the fruits of their harvests. Plants could only be grown indoors.

Adults could transfer up to an ounce to other adults without remuneration. There are no provisions for taxing and regulating marijuana sales because District law forbids initiatives from taking up tax and revenue matters. A bill is pending before the DC city council that would do precisely that.

The initiative also legalizes the sale and possession of paraphernalia used for marijuana consumption. It does not change existing DUI law, nor does it "make unlawful" any conduct covered by the District's medical marijuana law.

Oregon Measure 91

The Measure 91 initiative allows adults 21 and over to possess up to eight ounces and four plants per household. Individuals can also possess up to 16 ounces of marijuana products or 72 ounces of liquid marijuana products. And individuals can also transfer up to an ounce of marijuana, 16 ounces of marijuana products, or 72 ounces of liquid marijuana products to other adults for "non-commercial" purposes.

The initiative would designate the Oregon Liquor Control Commission to regulate marijuana commerce. The commission would license, audit, and inspect growers, suppliers, and retailers. The commission could set purchase amount limits, which are not specified in the initiative. The commission would have until January 4, 2016 to begin licensing growers, producers, and retailers.

Marijuana sales from producers to processors or retailers would be taxed at a rate of $35 per ounce, $10 per ounce of leaves, and $5 per immature plant. The commission can recommend to the legislature any changes in the tax structure, which would then have to act to enact them.

The initiative does not alter either existing DUI laws or the ability of employers to penalize employees for testing positive for marijuana.

The initiative would not interfere with existing medical marijuana laws.

Florida Amendment 2

The Amendment 2 medical marijuana initiative makes legal the use of marijuana by a qualifying patient or caregiver. It would also make it legal for doctors to recommend medical marijuana and for "marijuana treatment centers" to distribute it.

Patients qualify by having a "debilitating medical condition" including, but not limited to, cancer, multiple sclerosis, hepatitis C, HIV, and Crohn's Disease. Doctors could also recommend marijuana for "other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient."

The Florida Department of Health would regulate medical marijuana and would issue patient and caregiver ID cards, develop rules and regulations for dispensaries, and define reasonable amounts of marijuana for medical use.

The initiative specifically does not allow use of medical marijuana by non-qualifying patients or the use of motor vehicle by patients under the influence. Nor does it require any accommodation for medical marijuana in schools or on the job or that health insurance companies cover medical marijuana expenses.

Because the initiative is a constitutional amendment, it needs 60% of the votes to pass.

What Can You Do?

Even with less than two weeks left in the campaigns, people can still help. There are slightly different tasks and needs in the different states, but all the campaigns are eager for help.

In Alaska, the Measure 2 campaign is asking for people to go to its Talk It Up Alaska web page, where people can choose from a number of ways to help.

"On that page, there are tabs that let people send messages to friends and family -- basically a pre-written email -- as well as phone banking tool," said Chris Rempert, Alaska political director for the Marijuana Policy Project, which is backing the campaign. "We have a limited phone bank list targeted toward people likely to support us, but less likely to get out and vote. People can go there, sign up, and start calling."

The campaign could also use some cash. Donations can be made online here.

"We've spent so much money on advertising, we're running low on funds for the final push," said Rempert. "We need money for yard signs, campaign literature, and the like."

And volunteers on the ground could help, too.

"Especially in Anchorage, we need help with getting signs up and phone banking," Rempert said. "We'll be doing door-to-door canvassing and volunteers would be welcome."

Don't forget engaging with local media.

"People who are in Alaska should be writing letters to the editor," he said. "The opposition has formed a grass-roots Facebook and letter-writing effort, so anyone who can write a letter will be appreciated."

In the nation's capital, the DC Cannabis Campaign is already in the early voting phase of the election. It is using social media, including a #YesOn71 Twitter hashtag, to get the word out.

It could, though, still use volunteers to go to the precincts and hand out information, as well as for phone banking. And it could use more money. To volunteer, go here; to donate, go here. You can even pay in bit coins, if you have them.

In Oregon, the Vote Yes on 91 campaign is urging people to contact their in-state friends and family members, do phone banking, and more.

"If you know any Oregonians, write them a short personal email about why passing Measure 91 is so important," said campaign spokesman Peter Zuckerman. "Reach out to your friends and family members and tell them to vote yes."

Volunteers can still help, too.

"Whether you're an Oregonian or not, you can volunteer," Zuckerman said. "We're working very hard to get out the vote, and we need help. Go to our web site, where we have mobile GOTV groups. If you can get at least six people to phone together at a house, we will send you materials to do it."

There's still more to come, too, Zuckerman said.

"We will be rolling out other ways to help soon, so stay tuned," he advised. "Voter turnout is going to be really important in this election. This is a tough campaign, and we have to fight for every vote. We know your readers are really committed to this issue. Please do everything you can to encourage your readers to help us out."

In Florida, the United For Care campaign is engaged in an uphill battle to hit that difficult 60% mark. As the election season enters its final days, the campaign is still looking for volunteers and still accepting donations. Florida would be the first state in the South to pass a full-blown medical marijuana initiative, and it could still use your help.

It's not too late to make a difference. Act now.

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