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Chronicle AM: Obama to Sign Opioids Bill, CO Legal MJ Fueling Economic Growth, More... (7/15/16)

A new report finds legal marijuana has been good for Colorado's economy, the White House announces President Obama will sign CARA, and more.

The president will sign the Comprehensive Addiction and Recovery Act despite the lack of adequate funding. (whitehouse.gov)
Marijuana Policy

Report Finds Legal Marijuana Bolstering Retail, Manufacturing in Colorado. In a new report, the University of Colorado Leeds School of Business finds that the state's marijuana industry is bumping up retail sales and hiring in manufacturing. Recreational cannabis sales began in 2014. That year, "We had a 3.5% increase in employment. In 2015, a 4.9% increase in food-manufacturing employment," the report said. "The data doesn't allow us to slice and dice to say, 'These are indeed edibles or not,' but the recognition is this is where they would be classified." Likewise, chemical manufacturing jobs vanished at a rate of 2.2% a year from 2002 to 2012, but increased 2.1% in 2013, 1.4% in 2014, and 3.9% last year. Chemical manufacturing includes producing cannabis oils.

Heroin and Prescription Opioids

Obama Will Sign Opioids Bill Despite Lack of Funding. President Obama will sign into law the Comprehensive Addiction and Recovery Act (S. 524) even though Congress failed to adequately fund it, the White House said Wednesday. The bill "falls far short" of necessary funding, but Obama will sign it "because some action is better than none." More funds could be appropriated in the future, but that's by no means a done deal.

International

Peru Takes Aim at Coca Cultivation in the VRAEM. The country's anti-drug agency, DEVIDA, said Thursday in is ready to eradicate coca plants in the remote and lawless Valleys of the Rio, Apurimac, and Mantaro Rivers (VRAEM) region of south-central Peru. The government has held off on eradication in the region, a major coca producer and home to a remnant of the Shining Path rebels. About three-quarters of the country's coca is grown there, and DEVIDA is ready to go after it. "Today I can say that the conditions are now entirely there for a drastic reduction in the coverage of coca in the VRAEM," Devida chief Alberto Otarola said in a news conference. "No part of Peru should be exempt from the rule of law."

Mendocino County Could Adopt Wine Industry-Style Marijuana Appellations [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Before too long, when you sit down to enjoy your 2014 vintage Caymus Napa Valley Cabernet Sauvignon, you'll be able to pair your wine with a nice South Mendocino County Sour Diesel or maybe a Mendocino Covelo/Dos Rios OG Kush for a sip and smoke that hits all the high notes.

That's right, pot farmers in one of California's Emerald Triangle marijuana-growing counties are about to follow their brethren in the wine industry by seeking to capitalize on its reputation as a pioneer and still cutting-edge presence in American cannabis cultivation. As with Bordeaux in France or the Napa Valley nearby, the Mendocino Appellations Project wants the county's marijuana brand protected and promoted by designating denominations of origin that reflect both the county provenance and the distinct pot-growing microclimates that Mendo offers.

The first-of-its-kind project is riding a tide of local optimism not only about the future -- legalization is set to be on the ballot in California this year -- but also the present, now that the state legislature has belatedly passed the Medical Marijuana Regulation and Safety Act (MMRSA). Twenty years after voters first approved medical marijuana, the act will finally bring some clarity to an endeavor that has operated with many grey areas. It defines marijuana cultivation as an agricultural activity, creates state licensing requirements, and also makes it a crime to label or sell medical marijuana as grown in a county if it actually isn't.

These rules are similar to the ones that protect the state's wine regions, whose global reputations for fine wines are jealously guarded. But unlike wine, which is regulated by the federal government, California's pot's regulation defaults to the state under federal marijuana prohibition.

"You have a product coming out of prohibition, essentially. Marijuana growers are caught in a very difficult situation. It's a bit of a 'catch-22'. Even though it's legal at the state level, it's not legal at the federal level. They can't operate in the normal way by creating bank accounts and the like. Appellations will help show the legitimacy of what they are doing," wine legal expert Richard Mendelson told The North Bay Business Journal

Mendelson has played a key role in the development of Napa County's wine appellations for more than 30 years, and he's now lending his expertise to the Mendocino Appellation Project.

"Appellations can be really powerful because they can be a means to protect everything from the intellectual property, to the labor force, to the culture and history. They can be very rich vehicles for promotion, protection, and rural development," he added.

"Mendocino is the Napa Valley of cannabis. It is by far the most conducive place for outdoor cultivation," said project founder Justin Calvino. "Mendocino is a growing culture you won't find anywhere else."

Calvino began the project last year with a topographical map of the county, then proceeded to listen to growers and others in the industry. After surveying local farmers last fall, he created the appellation map, with 11 different micro-regions based on ecological factors, such as watershed and microclimate.

The proposed appellations are: Spyrock-Bell Springs, Covelo-Dos Rios, Long Valley-Branscomb-Leggett, Willits, Comptche, Ukiah Valley, North Mendocino Coast, South Mendocino Coast, Anderson Valley South Mendocino, Potter Valley, and Mountainhouse South Mendocino County.

"I like the way he's gone about it, because he's factored in not just the natural elements, he's gone out and spoken to growers, asking the old-timers what they think, and is making revisions. He's being true to the history. This is a template for the future, creating a dossier of physical and human, historical factors -- I applaud him for that," Mendelson said.

There are issues yet to be resolved, including whether to brand the name "Mendocino" or focus on smaller areas, the setting of environmental standards, and the thorny philosophical question of whether marijuana grown indoors can lay claim to terroir, a wine term that means the specific environmental conditions, especially soil and climate, that give a wine its unique characteristics. Can a crop grown with hydroponics in a controlled indoor environment have a terroir?

In any case, the adoption of appellations should be good for consumers and good for the industry.

"This is what makes wine so much fun for consumers, to experiment and to be able to go from the larger country and regional levels all the way down to the specific vineyard designation, and see, as a consumer if you can spot those differences and understand the effect of terroir on the final product," Mendelson said.

"Tourism is big. We want people to come out and visit our tasting rooms. We want the debate and the talk about our appellations, and which one does it better than another," he said.

Calvino also sits on the board of the California Growers' Association and has been asked to lead a group working on developing appellations statewide. He said he is looking a neighboring Humboldt County next.

CA
United States

Chronicle AM: House Blocks MJ Banking, No Prostitutes for DEA, Thai Meth Policy, More... (6/23/16)

House Republicans blocked an effort to open up banking for marijuana businesses, an Oregon worker fired for medical marijuana use wins his job back, DEA agents get new marching orders on hookers, the Thai government grapples with methamphetamine policy, and more.

Patronize a prostitute, lose your DEA badge.
Marijuana Policy

House Turns Back Effort to Give Pot Businesses Access to Banks. The Republican-led House Wednesday voted down an amendment to the FY 2017 Financial Services and General Government Appropriations Act that would have blocked federal regulators from punishing financial institutions for working with state-legal marijuana businesses. A similar amendment had passed the Senate last week.

Nevada Legalization Effort Has Raised Nearly $300,000 This Year. The Nevada Coalition to Regulate Marijuana Like Alcohol has raised $285,000 so far this year, with more than half coming in a two-day period earlier this month when local marijuana companies made significant donations. The campaign's legalization initiative has qualified for the November ballot. Opposition groups made no reports of donations this reporting period.

Oregon Takes in Nearly $15 Million in Pot Taxes So Far This Year. As of May 30, the state Department of Revenue had processed $14.9 million in marijuana tax payments this year, the agency said Wednesday. Medical marijuana dispensaries authorized to sell to any adult 21 or over began collecting the tax in January.

Medical Marijuana

New Mexico Auditor Bemoans Delays in Processing ID Cards. The state auditor and the attorney general are investigating a backlog of medical marijuana ID card applications as requests for the cards surge. The state has 30 days to issue the issue the cards, but the Department of Health said it is taking 45-50 days, and the auditor's office said it had complaints of wait times of up to 90 days.

 

Oregon Worker Fired for Medical Marijuana Wins Jobs Back. An arbitrator has ordered Lane County to reinstate a worker it fired because he used medical marijuana to deal with the side effects of cancer treatment and it has ordered the county to give him nearly $22,000 in back pay. Michael Hirsh had been employed as a senior programmer for the county before he was fired in December after two employees reported smelling pot smoke on his clothing.

Heroin and Prescription Opioids

New York Governor Signs Heroin Bill Package. Gov. Andrew Cuomo (D) Wednesday signed into law a package of bills aimed at the state's heroin and prescription opioid problems. The bills, which address prevention, treatment, and insurance coverage, should produce an additional 270 treatment beds and more than 2,000 slots for drug treatment programs. The bills also require insurance companies to wait 14 days before denying coverage to drug users deemed in need of drug treatment, and it limits initial prescriptions for opioids for severe pain to seven days.

Law Enforcement

No Prostitutes for DEA Agents. In the wake of scandalous behavior by DEA agents in Colombia during the 2012 Summit of the Americas, the DEA has instituted a one-strike policy for agents caught patronizing prostitutes. "Solicitation of prostitution on duty or off duty, whether you're in a jurisdiction where it is legal or illegal, first time offense -- removal," DEA administrator Chuck Rosenberg told a Senate panel Wednesday.

International

UN Releases Annual Global Drug Report -- 250 Million Adults Used a Drug Last Year. The UN Office of Drugs and Crime has released the World Drug Report 2016, and notes that 5% of the adult population has used at least one drug in the past year. The UN also reported that the number of people classified as suffering from a dependency disorder climbed to more than 29 million, up from 27 million the previous year.

Thailand Won't Legalize Meth, But Will Remove it From List of Dangerous Drugs. Thai Justice Minister Paiboon Koomchaya has walked back talk about legalizing the amphetamine, but now says the country will work to reform its drug laws by removing meth from its list of hard drugs like heroin and recognizing a distinction between traffickers and users, workers, and addicts.

Leading California Medical Marijuana Oil Maker Busted

This article was produced in collaboration with AlterNet and first appeared here.

Police, including DEA agents, raided five properties associated with a well-known medical marijuana products manufacturer in Northern California's Sonoma County Wednesday morning, detaining at least nine people and arresting one on suspicion of felony drug manufacture for his role in cannabis oil production.

The Care By Design product line includes these sublingual sprays. (Care By Design)
Although medical marijuana has been legal in the state since voters approved it two decades ago, it was only last year that the legislature moved to bring state-wide regulation to the rapidly growing industry, and that won't actually happen until 2018. In the meantime, medical marijuana businesses are operating in a sphere of unsettled legality where, as California NORML put it in an email alert about the raids, "there's plenty of gray area to generate busts between now and then."

The operation raided was Care By Design (CBD Guild), which produces CBD-rich cannabis oils for use in sprays, gels, and cannabis oil cartridges for vaporizers. The company offers products with five different ratios of CBD to THC so "patients can adjust their cannabis medicine to suit their specific conditions and personal preferences."

CBD (cannabidiol) is more sought after for medicinal purposes; THC (tetrahydrocannabinol) is the cannabinoid that gets you high.

Santa Rosa Police spokesman Lt. Mike Lazzarini told the Santa Rosa Press-Democrat that a hundred Santa Rosa police, Sonoma County sheriff's deputies, and DEA agents raided the operations because they were using illegal and hazardous production methods -- producing the oil with the use of butane, which is a fire and explosion hazard, and which is forbidden under state law.

"From a law enforcement standpoint this is not a legal process when it involves processes that are dangerous," Lazzarini said.

The police spokesman also said that Care By Design's facilities were in violation of Santa Rosa municipal codes and not properly permitted.

Care By Design, which is organized as a non-profit collective under the rubric of the CBD Guild, flatly rejected law enforcement assertions that it was illegally using butane to make the cannabis oil.

"Contrary to initial press reports, none of the Care By Design facilities are involved in the production of hash; nor is butane used in the company's extraction process," it said in a statement Wednesday afternoon. "Care By Design utilizes a non-volatile supercritical CO2 extraction method, and does not produce any hash, rosin, wax, shatter or similar products that are popular amongst recreational users."

And it was not pleased with the raids, in which police seized equipment, computers, product, payroll, and financial paperwork.

"This law enforcement action is unprecedented, unfortunate, and has the potential to deprive thousands of profoundly sick patients of much needed medicine," said collective spokesman Nick Caston. "We will cooperate fully with law enforcement in an effort to resolve this as quickly as possible, and hope to have our several dozen employees in Sonoma County back to work this week."

Later Wednesday, CBD Guild attorney Joe Rogoway, a veteran Santa Rosa marijuana attorney, reiterated the charge that police were mischaracterizing the business, which he said was above board and operating lawfully.

"They weren't using butane, they use a process that includes CO2 which is a flame retardant; CO2 is what's in fire extinguishers," Rogoway told the Press-Democrat. "It's not criminalized in California law."

The Guild suspects a disgruntled former employee provoked the raids by making false claims to law enforcement, Rogoway said.

Police attempted to play up the criminal element in their description of the man jailed in the sole major arrest during the raids. They described operations manager Dennis Franklin Hunter as a criminal with a history of evading arrest, justifying the $5 million dollar bail on which he is being held.

But what he had been busted for was -- wait for it -- growing marijuana in Humboldt County in 1998. But the feds couldn't find him until 2002, when he was sentenced to 5 ½ years in federal prison. On a second occasion, Hunter was the subject of a manhunt in Arkansas after US Homeland Security asked Little Rock authorities to detain him because they suspected he had drugs on his plane. But he took off after refueling as deputies approached and only later met with authorities.

Caston said Hunter's history was one of being a pioneer in California's marijuana industry.

"They're the folks that have been leading the way, breaking down the stigma, breaking down the misconceptions," he said. "He's really a visionary, along with the other folks in our company, trying to bring practices that are safe. This (law enforcement) action is very surprising."

And while this all gets sorted out, thousands of patients in dispensaries across the state who rely on Care By Design's products will just have to tough it out.

Santa Rosa, CA
United States

US Senator Calls on Feds to Investigate Purdue Pharma Over OxyContin Time-Effectiveness Claims

This article was produced in collaboration with AlterNet and first appeared here.

A US senator has called for a federal investigation of Purdue Pharma, the manufacturer of OxyContin, in the wake of reports that the money-making pain reliever wears off early in many patients, leaving them exposed to pain and increased risk of addiction.

Sen. Edward Markey (D-MA) Friday sent letters to the Justice Department, the Food and Drug Administration, and the Federal Trade Commission urging them to begin probes of the Connecticut-based drug maker.

The move comes in the wake of a Los Angeles Times investigation into Purdue Pharma's claim that OxyContin relieves pain for 12 hours, which was one of the drug's main selling points. But the Times found that the effects often wear off before that, leaving patients cycling between relief and intense pain and suffering from opiate withdrawals before their next scheduled pill.

The Times also found that Purdue knew about the problem since OxyContin first appeared in 1996, but continued to claim that it worked for the full 12 hours in part to protect its revenues. The newspaper reported that when faced with the problem, Purdue instructed doctors to prescribe stronger doses, not more frequent ones. Stronger doses of opioid pain relievers are more likely to be implicated in overdose deaths.

"These are serious allegations," Markey wrote in his letter to Attorney General Loretta Lynch. "They raise questions about ongoing deception by Purdue, harm to the public, continued costs to the United States, and the availability of further judicial recourse against Purdue. If upon investigation these allegations are substantiated, the Department should take legal action" against the drug company.

Purdue has rejected the Times' findings, noting that the FDA had approved OxyContin as a 12-hour drug.

"We promote our medicines only within the parameters approved by FDA and, given FDA has not approved OxyContin for eight-hour use, we do not recommend that dosing to prescribers," the statement said.

That's not good enough for Markey, who represents a state hard-hit by problems with prescription opioids and heroin. More than 1,300 people died from opioid overdoses in the state last year, according to the state Department of Public Health.

In his letter to the FDA and FTC, Markey called Purdue "the leading culprit in the current opioid and heroin overdose epidemic" and accused it of making "false and misleading claims about the longevity of OxyContin's pain-relieving properties."

The FDA and FTC should "investigate these claims and take action to protect patients and consumers from the harm caused by Purdue Pharma's deceptive marketing materials."

Justice, FDA, and FTC all say they are studying Markey's letter.

Washington, DC
United States

Chronicle AM: WA Drug Task to Disband, Cites Legalization; Harm Reduction Bills Advance in FL, NM, More... (2/18/16)

Even South Carolinians want drug policy reform, a Washington state drug task force calls it quits after marijuana legalization, harm reduction measures advance in Florida and New Mexico, and more.

With marijuana legal, drug task forces are having to reassess. (Darrin Frisby Harris/DPA)
Marijuana Policy

Oregon House Passes Marijuana Fine-Tuning Bill. The House voted overwhelmingly Tuesday to approve House Bill 4014, one of three bills this session aimed at fine tuning the state's marijuana legalization program. The bill removes residency restrictions for owning cannabusinesses, reduces some penalties for marijuana offenses, and adjusts licensing requirements to fit the needs of small farms, among other provisions.

Medical Marijuana

Arkansas Attorney General Approves Medical Marijuana Initiative. Attorney General Leslie Rutledge (R) has certified the popular name and title of the Arkansas Medical Marijuana Amendment of 2016. Now, initiative backers can begin the process of gathering some 85,000 valid voter signatures to qualify for the November ballot.

Asset Forfeiture

Iowa Legislature Punts on Asset Forfeiture Reform. A subcommittee of the Senate Judiciary Committee Wednesday took up Senate File 2166, which would have ended civil asset forfeiture in the state, but after a contentious hearing, the subcommittee voted to simply study the issue and develop recommendations for addressing it next year.

Drug Policy

Poll Finds South Carolinians Surprisingly Open to Drug Reforms. According to a a new poll released by the Drug Policy Alliance, a large majority of South Carolina's notably conservative primary voters supports ending mass incarceration, even across party lines. A substantial majority, furthermore, supports decriminalizing drug possession. Some 70% said they considered reducing incarceration rates an important issue and 59% said they favored decriminalizing drug possession.

Drug Testing

Maine Moves to Make It Easier for Employers to Do Drug Testing. The Department of Labor is calling on lawmakers to streamline the approval process for employee drug testing policies and to implement a program to train managers to spot drug-related impairment in the workplace. The proposal comes as an amendment to LD 1384, which is the subject of a Labor, Commerce, Research and Economic Development Committee work session today.

Harm Reduction

Florida Needle Exchange Bill Advances. The House Health and Human Services Committee Wednesday unanimously approved House Bill 81, which would create a pilot program to establish needle exchange programs in Miami-Dade County. The bill now heads for a House floor vote. Companion legislation in the Senate, Senate Bill 242, also awaits a floor vote.

New Mexico Legislature Approves Overdose Prevention Bills. A pair of bills that would allow individuals and organizations to possess and distribute the opioid reversal drug naloxone (Narcan®) have passed out of the legislature and are headed for the governor's desk. The measures are House Bill 277 and Senate Bill 262.

Law Enforcement

Washington State Drug Task Force to Disband, Cites Marijuana Legalization, Funding Cuts. The East Side Narcotics Task Force is going out of business in June after a quarter-century of fighting drug offenses. "The member agencies did an evaluation of the task force and its mission, and what we decided was that the task force had run its course and that due to a variety of challenges, it was time to sunset the task force and look at other options," Bellevue Police Chief Steve Mylett explained. One of those challenges was marijuana legalization: "When the state law changed, it made us pause and take a look at our mission," Mylett said. "When I arrived in Bellevue (in April 2015), the police chiefs were already discussing how marijuana laws were changing the whole drug trade landscape." He also complained that federal grants to fund such task forces were declining.

International

Saudis Execute Two Yemenis for Smuggling Hash. Yemeni citizens Ahmed Mubarek and Abdul Salam al-Jamali were executed in the Saudi border city of Jazan Wednesday after being convicted of smuggling hashish into the kingdom. Saudi Arabia has already executed 62 people this year, putting it on a pace to exceed last year's 153 executions, the highest number in two decades. It's not clear how many people have been executed for drug offenses.

Chronicle AM: Facebook Goes After Marijuana Businesses, WY Forfeiture Bill Advances, More... (2/17/16)

Facebook is making life hard for marijuana businesses, marijuana and medical marijuana are on the agenda at statehouses across the land, a South Dakota welfare drug testing bill is back in "kinder, gentler" form, and more.

Marijuana Policy

Facebook Shutting Down Marijuana Business Pages. The social media application has recently deleted or suspended dozens of accounts operated by marijuana businesses, without even a warning about possibly offensive material. It's not just businesses that actually deal in marijuana; Facebook has been typically unresponsive, saying only that "These pages have been removed for violating our community standards, which outline what is and is not allowed on Facebook."

Maryland Lawmakers Reject Effort to Increase Penalties for Public Marijuana Smoking. The House of Delegates Wednesday turned back GOP efforts to make it a misdemeanor offense to smoke pot on the Ocean City boardwalk, in state parks, or other public spaces. The move was a proposed amendment to a bill that would make it a misdemeanor to smoke pot in a vehicle. The bill treats in-car pot smoking like an open container violation, with fines, but no jail time.

Oregon House Approves Marijuana Banking Bill. The House has passed House Bill 4094, which protects banks and credit unions from any state liability for dealing with state-legal marijuana businesses. The bill passed on a 56-3 vote and now heads to the Senate.

Medical Marijuana

Arizona GOP Lawmakers Seek to Bar Use of Welfare EBT Cards in Dispensaries. Rep. Kate Brophy (R-Phoenix) has filed a bill, House Bill 2261, that would add dispensaries to the list of locations where EBT cards that deliver cash cannot be used. Other banned locations include liquor stores, race tracks, casinos, and strip clubs. The bill got a hearing Tuesday in the House Rules Committee, but was criticized by Rep. Randall Friese (D-Tucson), a physician. "I have a little trouble just saying you can get your prescription medications but not your medical marijuana," said Friese. "Medical marijuana is used for a variety of things that help people with chronic pain, glaucoma, anorexia, intractable nausea."

Oregon Bill to Let Pot Shops Sell Tax-Free Medical Marijuana Advances. A joint legislative committee Tuesday approved the bill that would allow recreational marijuana businesses to produce, process, and sell medical marijuana products. Senate Bill 1511 now heads for a Senate floor vote.

Utah Poll Finds Nearly Two-Thirds Want Medical Marijuana. Some 64% of Utahns support medical marijuana, up from 61% just two months ago, according to a new Utah Policy poll. The poll comes as progress on a full-blown medical marijuana bill in the legislature appears blocked and as patient activists say they are about to embark on an initiative campaign to get around legislative inaction.

Asset Forfeiture

Wyoming Senate Approves Asset Forfeiture Reform Bill. The Senate Wednesday approved Senate File 46, which would require a judge to find probable cause property was used or intended to be used in drug trafficking before it could be seized. The bill does not end civil asset forfeiture, but does raise the bar for the state. A measure pending in the House would end civil asset forfeiture, but faces a veto from Gov. Matt Mead (R), who vetoed similar legislation last year. The Senate bill now goes to the House.

Drug Testing

South Dakota Welfare Drug Testing Bill Returns in "Kinder, Gentler" Form. After an earlier bill that would have required drug testing for all welfare recipients was killed, Sen. Phil Jensen (R-Rapid City) has introduced Senate Bill 153, which would randomly drug test 2% of welfare applicants. The bill was set for a hearing in the Senate Health and Human Services Committee today.

Chronicle AM: Obama Wants $1 Billion to Fight Opioids, Legal Pot Sales Hit $5.4 Billion, More... (2/2/16)

A new report finds marijuana is a booming market, California doctors get on board with the AUMA legalization initiative, the White House wants nearly a billion bucks to fight opioid addiction -- with most of it going for "medication-assisted treatment" -- and more.

People line up to buy heroin in Chicago. The White House wants nearly $1 billion to fight opioid addiction. (Chicago PD)
Marijuana Policy

Legal Pot Sales Hit $5.4 Billion Last Year, Report Says. Legal marijuana sales increased 17.4% last year to $5.4 billion, according to data released this week by the ArcView Group. Nearly 80% of the sales were for medical marijuana, but $998 million was for legal adult use, up dramatically from $351 billion in 2014. Overall sales should grow to $6.7 billion this year, the group predicted.

California Medical Association Endorses AUMA Legalization Initiative. The CMA, the largest doctors' group in the state, announced Monday that is will support the Adult Use of Marijuana Act legalization initiative. The initiative, funded by tech billionaire Sean Parker and supported by Lt. Gov. Gavin Newsom (D), has as one of its proponents Dr. Donald Lyman, who authored the CMA's 2011 policy called for decriminalization. "The California Medical Association believes the Adult Use of Marijuana Act is a comprehensive and thoughtfully constructed measure that will allow state officials to better protect public health by clarifying the role of physicians, controlling and regulating marijuana use by responsible adults and keeping it out of the hands of children," Dr. Steven Larson, CMA's president, said in prepared remarks.

Medical Marijuana

New Hampshire Patient Who Sued Over Medical Marijuana Access Dies. Linda Horan, who sued the state in November to issue her a medical marijuana card so she could get her medicine in Maine because New Hampshire dispensaries hadn't opened, died Monday at age 64. The ailing labor leader won her lawsuit and was able to procure medical marijuana out of state, but succumbed to cancer. The court ruling applied only to Horan, but days after the ruling, the states began sending out ID cards to patients.

Wyoming Medical Marijuana Initiative Won't Qualify for Ballot. A spokesman for Wyoming NORML, which organized the campaign, said Monday that the group had only managed to gather some 7,000 raw signatures ahead of next week's deadline and will fall far short of the more than 25,000 valid voter signatures required to make the ballot. The group will try again in 2018, it said.

Hemp

Twenty States Have Hemp Bills This Year, Vote Hemp Says. The industry group has issued its annual report and says 20 states are working to legalize or expand hemp production. There's much more in the report, too.

Drug Policy

White House Seeks $1 Billion to Fight Heroin and Prescription Opiate Abuse. The Obama administration Tuesday proposed a billion dollars in new funds over the next two years to combat widespread opioid use. More than $900 million of the newly sought funding would go for medication-assisted treatment (opioid maintenance), which also includes therapy. The administration said that 2.2 million people have been identified as needing treatment for opioid addiction, but only one million are receiving it.

Drug Testing

West Virginia Lawmaker Proposes Drug Testing Legislators. State lawmakers have once again introduced a bill to drug test welfare applicants, and in response, Delegate Shawn Fluharty (D-Wheeling) has introduced House Bill 2925, which would subject legislators to the same sort of testing. "There's no reason why state legislators should get a pass, simply because we wear suits," he said.

Chronicle AM: Senate Has Deal on Sentencing Reform, OR Legal Pot Sales Begin Today, More (10/1/15)

Oregon dispensaries can now sell marijuana to all comers (21 and over), a bipartisan group of senators announces a deal on major sentencing reform, Albuquerque's mayor vetoes decrim again, heroin policy on the campaign trail is featured, and more.

now on sale to adults in Oregon (wikimedia/Mangokeylime)
Marijuana Policy

Family Physicians Say Marijuana Should Be Decriminalized, Rescheduled. Meeting in Denver, the American Academy of Family Physicians has passed two resolutions on marijuana policy. The first originally called for legalization, but was watered down to decriminalization, while the second calls on the DEA to move marijuana from Schedule I to Schedule II of the Controlled Substances Act. Click on the link for details on the debate.

California Marijuana Arrests Decline to Lowest Level Since 1966. Data from the FBI's annual Uniform Crime Report shows that pot arrests in the state are at the lowest in nearly 50 years. Some 19,711 people were arrested on marijuana charges last year, down slightly from 20,346 in 2013. Arrests have nose-dived since the state decriminalized possession in 2008. But some things apparently never change: Blacks were arrested for marijuana offenses at a rate more than twice their percentage of the state's population.

Legal Recreational Marijuana Sales Are Now Underway in Oregon. Medical marijuana dispensaries across the state began selling pot to anyone with an ID showing he is 21 or over today. State officials moved to allow dispensaries to start selling recreational marijuana early in order to allow Oregonians to have a place to legally purchase it until adult use shops open next year. Not all dispensaries are participating; about 200 of the 345 in the state are.

Albuquerque Mayor Vetoes Decriminalization (Again). Mayor Richard Berry has vetoed a decriminalization ordinance passed by the city council. He vetoed a similar measure last year. In a veto statement, he said he had a "hard time signing legislation that preempts state and federal law." Except that it doesn't. Decriminalization has majority support in the city and Bernalillo County, but the mayor doesn't appear to be listening.

Heroin and Prescription Opiates

Heroin As a Campaign Issue. This USA Today story looks primarily at the attention Hillary Clinton is paying to heroin and opiate addiction in New England and the role of Vermont Gov. Peter Shumlin (D) in advising her on drug policy, but also mentions Carly Fiorina and Bernie Sanders. Jeb Bush has also been talking about addiction this week.

Sentencing

Senators Reach Deal on Sentencing Reform Package. A bipartisan group of senators announced a historic deal on criminal justice reform Thursday, rounding out a negotiation process that has lasted almost five months. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release, among other things. Look for a Chronicle feature story on this in coming days.

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

Ohio Marijuana Monopoly Madness: ResponsibleOhio and Its Foes [FEATURE]

This article was written in collaboration with AlterNet and first appeared here.

Ohio may about to legalize marijuana, but not the way other states have done it. A constitutional amendment that would go before voters in November would create a virtual monopoly on commercial marijuana grows for the entire state. That's not sitting well with a number of Ohioans, including the Republican state legislature and a good number of Buckeye State legalization and medical marijuana activists. It's also leaving major national drug reform organizations deeply ambivalent.

The ResponsibleOhio initiative is almost certain to qualify for the ballot any day now. Its well-financed campaign has handed in more than 700,000 signatures to state officials, nearly twice the 305,000 valid voter signatures needed. Those officials have until later this week to verify the signatures. [Update: Monday, state officials said the initiative was 29,000 signatures short, but ResponsibleOhio has another 10 days to make up the shortfall and it says it will challenge the disqualified signatures at the state Supreme Court.]

ResponsibleOhio

The initiative allows adults 21 and over to grow and possess limited amounts of marijuana and calls for a system of regulated and taxed marijuana production and sales. It even has provisions for medical marijuana. None of that is controversial.

But under ResponsibleOhio's initiative, commercial marijuana production can only take place at 10 sites in the state. The sites have already been allocated to 10 sets of investors, who have kicked in $1.7 million for the campaign so far and are prepared to spend $20 million or more convincing the public to vote for it.

The investors include a number of Ohio business interests -- real estate developers, venture capital firms, philanthropists, with nary a Cheech or a Chong among them -- as well as some home state big names who could sway public opinion. These include NBA legend Oscar "Big O" Robertson, Cincinnati-based fashion designer Nanette Lepore, and former Cincinnati Bengals and Cleveland Browns defensive end Frostee Rucker (now with the Arizona Cardinals).

In return for their hoped-for voter-granted monopoly, the investor groups would pay a $100,000 fee and a 15% tax on their gross revenues, as well as other commercial fees. Critics have charged that the plan freezes out all but the initial investor groups, but ResponsibleOhio counters that there will be plenty of commercial opportunities in making and selling marijuana products.

While this written-in monopoly may seem strange to many, it's not going to seem so strange to Ohio voters. In 2009, they legalized gambling by approving a constitutional amendment that specified sites for four casinos owned by the companies backing the amendment.

ResponsibleOhio looks to have deep enough pockets to put on a full-scale, multi-million-dollar advertising campaign. Estimates are that to win in California next year, legalizers will have to spend $10 million or so in advertising, but ResponsibleOhio is talking about spending $20 million in a much smaller media market, and it doesn't have to go begging for donors.

The momentum is there. The entire country is riding a wave of increasing support for marijuana legalization, and Ohio is no exception. An April Quinnipiac University poll last month had support at 53% (it also had narrow majorities for legalization in swing states Florida and Pennsylvania), up two points from the same poll a year earlier.

Strange Bedfellows

But ResponsibleOhio is facing a head-on challenge from the legislature, attacks from legalizers left out in the cold, and a more general discomfort with constitutionally-mandated monopolies.

Late last month, the legislature approved a proposed constitutional amendment that would bar any addition to the state constitution that created "a monopoly, oligopoly, or cartel" to distribute a federally controlled substance. The proposed amendment specifies that if it passes, any initiative that conflicted with it -- i.e. the ResponsibleOhio initiative -- "shall not take effect."

If both initiatives passed, rest assured that lengthy legal battles would ensue, but in the meantime, marijuana legalization in Ohio would be dead in the water. While legislative leaders paid lip service to concerns about anti-competitiveness, the amendment is clearly designed to stop legalization and is the instrument of a body that has steadfastly refused to consider legalization for nearly 20 years.

That didn't stop some legalization supporters -- and ResponsibleOhio foes -- from applauding the move, and even encouraging it.

"We don't support the ResponsibleOhio initiative because we don't believe it achieves the goals of legalization, said Sri Kavuru, president of Ohioans to End Prohibition (OTEP), which is campaigning to get its own legalization initiative on the 2016 ballot. "I testified in favor of the anti-monopoly amendment, and I believe it will pass and get more votes than ResponsibleOhio," he told AlterNet.

The forthrightly named Citizens Against ResponsibleOhio doesn't mind siding with the Republican legislature, either, said the group's leader, Aaron Weaver.

"It is very interesting that all these different parties have come together with the same purpose in mind, to stop the hijacking of our constitution by private interests," Weaver said. "It's very strange indeed, but the collaboration of different groups for a mutually beneficial and moral purpose, I think, is a good thing."

"The current system is actually better than their plan. It gives them a monopoly where only these 10 groups get the right to cultivate commercially, and that's bad policy for the state," Kavuru argued. "It creates an environment that allows a black market to thrive, and it doesn't eliminate arrests. The purpose of legalization is supposed to be to get rid of criminal arrests."

The ResponsibleOhio initiative would increase penalties on some cultivators and would leave people under 21 subject to arrest, Kavuru charged. He also attacked its medical marijuana provisions.

"It doesn't actually give any protection for patients and only says a commission 'may' implement a medical program," he said. Everything for recreational is 'shall.'"

Ohio Families CANN is also not satisfied with ResponsibleOhio's initiative, said Nicole Scholten, a spokesperson for the group, which seeks access to marijuana to treat sick children.

"We are wary of ResponsibleOhio's approach," she said. "We are not convinced it would yield the type and volume of medical cannabis that would be effective for our children. Legalization does not equal sustainable medicine. The medicine that would help our kids requires specific strains of cannabis and vast quantities. ResponsibleOhio's plan to have only ten grow sites is problematic. There is no guarantee these businesses would devote the grow space to the kind and volume of cannabis we need."

But another patient-activist organization that has tried unsuccessfully for years to get an initiative on the ballot, the Ohio Rights Group, is less negative. Its executive director, Jack Pardee, noted that the legislature has refused for nearly 20 years to even discuss marijuana legalization bills.

"We've been having a debate in our community about the merits of what the legislature is trying to do with this thing and, in my opinion, it has nothing to do with protecting Ohioans from economic forces," Pardee said. "ResponsibleOhio isn't perfect, but it has a lot of the pieces that ending prohibition needs to be successful."

National Drug Reform Groups Ambivalent

The divisions among Ohio activists are somewhat reflected by the national groups that have so far been the big players in marijuana legalization. None of them are directly involved with ResponsibleOhio -- it certainly doesn't need their fundraising abilities -- but they are watching with great interest and concern.

"It doesn't resemble our initiatives," said Marijuana Policy Project spokesperson Mason Tvert. "We have not proposed such laws in the past, and it's not the type of law we would draft," he told AlterNet.

"It's up to Ohio voters to decide if this is the kind of system they want to replace marijuana prohibition with," said Tvert. "It would get the job done, but we think marijuana should be treated like alcohol, and there should be a system where there can be a lot of competition and different businesses out there producing this product."

And he had a word of advice to Ohio activists opposing ResponsibleOhio.

"If they want to end marijuana prohibition, they need to weigh their opposition to this initiative against the possibility of having to wait longer for a better initiative," Tvert said.

"A lot of legalizers, we feel like the movement has been hijacked by the money people," said Keith Stroup, founder and currently counsel for the National Organization for the Reform of Marijuana Laws. "But the bottom line for NORML is that we want to legalize marijuana," he told AlterNet.

"While we'd have a preference for the little or medium-sized guy, we're not that concerned about who gets rich off it," the movement veteran said. "We're about not treating marijuana users like criminals, and we can speed that process along by three or four or five years because some rich investors run their own initiative, if it actually legalizes pot smoking and dispensaries where they can buy, if they qualify for the ballot, we will support it even if it's not perfect."

Stroup took great umbrage with the legislature's move to block the initiative.

"That's a bad faith move by the legislature," he growled. "The reason we have the initiative process is because legislatures were not responsive to the will of the people, and now we have a case where the people are going around the legislature, and the legislature is going to try to go around the people."

Stroup prophesied high-stakes litigation if ResponsibleOhio wins at the ballot box, but its victory is nullified by passage of the legislature's initiative.

"That undermines the basic purpose of initiatives, and we have at least one legal opinion that nothing in that resolution would in any way affect the initiative if it were to pass," he said. "I hope the courts act in that case."

"We've fought for a long time to end marijuana prohibition for civil rights, social justice, public health, and public safety reasons, and to create a legal market," said Ethan Nadelmann, executive director of the Drug Policy Alliance, "But to then have some folks come along trying to create a constitutionally-mandated oligopoly kind of sticks in everybody's craw."

DPA has worked and is working on legalization in a number of states, and was consulted in the drafting of the ResponsibleOhio initiative, but is not endorsing it. Nadelmann's ambivalence was indicative of the mixed feelings the measure is arousing among activists.

"The fact is, we have investors putting up $20 or $30 million to win this thing in a state that will be the center of national political attention next year -- no one else is going to do it in Ohio. There is a possibility the oligopoly provision could get knocked out. The best outcome would be for this initiative to win, and then get that knocked out," he said.

"Aside from the oligopoly provision, it's actually pretty good," Nadelmann continued. And after criticism of an earlier draft, "they were actually pretty solicitous, they added home grow, medical marijuana protections, and the distribution model is pretty good."

Who Will Be in the Driver's Seat?

But the ResponsibleOhio move also signals the emergence of monied interests whose deep pockets could leave activists and the drug reform movement on the sidelines -- and who may not share the same interests dear to the hearts of reformers.

"There's something similar going on in Michigan," Nadelmann noted, referring to an as-yet-to-filed initiative from the Michigan Responsibility Council, one of three groups planning legalization initiatives in the state right now. "And look at Arizona, there's a lot of industry funding there, and there's been hard negotiations between MPP and those guys."

"The influence of DPA, MPP, and other activists is going to diminish rapidly," he predicted. "This is going to be increasingly driven by industry, and a lot of competing interests within the industry. And as this evolves into legislative processes, other forces are going to come into play and certain players will be able to make their demands felt. Social justice concerns could get knocked out."

If Not ResponsibleOhio, Who, and When?

The unhappy Ohio legalization activists and other ResponsibleOhio critics say that if and when it is defeated, they can move forward with their own legalization plans. Given the legislature's recalcitrance, that means they would have to run their own initiative campaign.

They haven't been able to do that so far, and while some, such as OTEP's Kavuru, say they can do it now, others aren't so sure.

"We have access to a lot of money," Kavuru said. "And we have a real solid political team. We're in negotiations right now for significant funding, and it's much easier to raise money for a recreational initiative than a medical one, because people are also looking at it as an investment."

But ResponsibleOhio is here and now, and if it goes down, it remains to be seen if anyone else can actually get on the ballot.

"If this is defeated this year, I doubt any major funders would step in to play a role in 2016," said NORML's Stroup. "I understand. The people in Ohio feel they were doing a great grassroots effort and hear these rich guys came along and bought the space. But the Ohio activists so far haven't shown they can get the funding to do good surveys, let alone pay for signatures or a professional campaign. This year may be our chance to take a conservative state like Ohio and leapfrog it ahead on legalization. I'm not real comfortable with ResponsibleOhio, but I just want it legalized."

The fun is just beginning in Ohio.

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