Marijuana Policy

Chronicle AM: WY MedMJ Bill Killed, Ukraine Blocks Methadone to Rebel Regions, More (1/26/15)

by psmith, 

Some pleasantly surprising poll results from Michigan, medical marijuana bills are popping up all over the place, the Baby Bou Bou SWAT raid is sparking bills to rein in over-the-top drug raiders, and more. Let's get to it:

Georgia bills seek to rein in over-the-top drug raiders.

Marijuana PolicyMichigan Poll Has Support for Taxing and Regulating Marijuana at 64%. A SurveyUSA poll released late last week has nearly two-thirds of respondents saying they would support legalizing, taxing, and regulating marijuana to increase school and road funding. That same set of respondents did not support increasing sales tax to increase school and road funding. Only 43% answered yes to that question. Click the link for more poll details.
South Carolina Decriminalization Bill Filed. Rep. Mike Pitts (R-Laurens) has filed House Bill 3117, which would decriminalize the possession of up to an ounce of weed.
Medical Marijuana
Pediatricians Call for Rescheduling Marijuana, Say Compassionate Use for Children Okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.
Georgia CBD Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon) today filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.
New Illinois Governor Stalling Medical Marijuana Licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.
South Carolina Medical Marijuana Bill Filed. House Minority Leader J. Todd Rutherford (D-Columbia) and several cosponsors have filed House Bill 3140, which would allow qualifying patients to grow and possess limited amounts of marijuana. Last year, the legislature passed a CBD-only medical marijuana bill.
Wyoming Medical Marijuana Bill Killed in House. The House Judiciary Committee last Thursday killed a medical marijuana bill on a 5-4 vote. The bill was House Bill 78.
Drug Testing
Wisconsin Governor Won't Fight Feds Over Food Stamp Drug Testing, But Will Seek Waiver. Gov. Scott Walker (R) had vowed to fight the Obama administration over requiring drug tests for food stamp recipients, but his forthcoming budget proposal now says he will seek waivers from the federal government. Federal law bars adding new eligibility requirements to the food stamp program.
Law Enforcement
Baby Bou Bou SWAT Raid Sparks Georgia Bill Regulating "No Knock" Raids. The May drug raid over a $50 meth sale that left a Georgia infant seriously injured by a flash bang grenade has sparked a reaction in the state legislature. Senate Bill 45, filed by Sen. Vincent Fort(D-Fulton County) this month, would require police to show probable cause that there is imminent potential for life endangerment or destruction of evidence if they knocked and declared their presence at a suspect's door prior to arrest. A separate House Bill 56 would end unannounced arrests between 10pm and 6am, unless a judge specifically grants a warrant.
International
Ukraine Blocking Delivery of Opiate Maintenance Drugs to Rebel Regions. The Kiev government is effectively blockading the pro-Russia regions under control of rebels, including supplies of buphrenorphine and methadone. Russia has been delivering other medical supplies to the region, but not the opiate maintenance drugs, which are illegal in Russia. In Donetsk, the last 52 patients on buphrenorphine ran out earlier this month, and the dwindling supply of methadone will be gone by March 1. There are nearly 400 methadone patients in the region.

Seven States That Are Next In Line to Legalize Marijuana

Written in partnership with Alternet and originally published here.

President Obama is taking a pretty much laissez-faire approach to legalization experiments in the states. (whitehouse.gov

During a series of YouTube interviews Thursday, President Obama demonstrated a remarkably laissez-faire attitude toward marijuana legalization experiments in the states. And he signaled strongly that the Obama administration wouldn't be taking to the hustings to try to beat back legalization efforts, as previous administrations had been wont to do.

"What you're seeing now is Colorado, Washington through state referenda, they're experimenting with legal marijuana," the president said in response to a question from YouTube host Hank Green. "The position of my administration has been that we still have federal laws that classify marijuana as an illegal substance, but we're not going to spend a lot of resources trying to turn back decisions that have been made at the state level on this issue. My suspicion is that you're gonna see other states start looking at this."

Indeed. Legalization bills are already popping up in state legislatures around the country, and while it's unlikely -- though not impossible -- that any of them will pass this year, 2016 looks to be the breakout year for freeing the weed. One state is going to be the first to legalize it through the legislature, and next year seems reasonable. And the presidential election year is also likely to see successful legalization initiatives in several more.
Currently four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have ended pot prohibition. But that's only about 18 million people. By the time they quit counting the votes on Election Day 2016, that number is likely to triple, and then some.
So, where's it going to happen? Here's where:
California
That California is the only state on the West Coast to not yet have legalized pot is an embarrassment to Golden State activists. They were first with medical marijuana in 1996, and they tried to be first to legalize it with Prop 19 in 2010, but came up short, garnering 46% of the vote on Election Day despite leading in the polls up until the final weeks. In 2012, with the big players sitting on their cash stashes, none of the competing initiative efforts even managed to make the ballot.

It will be different in 2016. The actors with deep pockets are all ready to get involved next year, the polling is good (if not great, hovering in the mid-50s), and the state's disparate and fractious cannabis community is already working to forge a unified front behind a community-vetted initiative. The main vehicle for activists is the California Coalition for Cannabis Law Reform, which has already started holding meetings statewide to try to a unified marijuana reform community.

California activists are laying the groundwork for 2016. (cannabispolicyreform.org)

With 38 million people, California is the big prize. It's also an expensive place to run an initiative, with the cost of getting on the ballot alone at around a million dollars. And it'll take several million more to pay for advertising in the key final weeks of the campaign. But the money is lining up, it'll take fewer signatures to qualify for the ballot (thanks to the dismal turnout in last year's midterms), and once it qualifies, it will have momentum from (by then) four years of legalization in Colorado and Washington and two years of it in Alaska and Oregon. California will go green in 2016.Nevada
Nevada is the state that is actually furthest down the path towards legalizing it next year. The Marijuana Policy Project-backed Coalition to Regulate Marijuana Like Alcohol in Nevada has already qualified a legalization initiative for the 2016 ballot. It would legalize the possession of up to an ounce by adults 21 and over and allow for taxed and regulated marijuana commerce.
Under Nevada law, the legislature now has a chance to approve the initiative. If it does so, it would become law; if it rejects it or fails to act on it, it then goes to the voters on Election Day 2016.
Nevadans approved medical marijuana in 1998 (59%) and again in 2000 (65%), but voted down decriminalization in 2002 (39%) and legalization in 2006 (44%). But it has since then effectively decriminalized possession of less than ounce, and it's now been a decade since that last legalization initiative loss at the polls. Either marijuana will be legal by Election Day 2016 thanks to the legislature or the voters will decide the question themselves at the polls.
Arizona
In Arizona, possession of any amount of pot is still a felony, but polling in the last couple of years shows support for legalization either hovering around 50% or above it. Those aren't the most encouraging polling numbers -- the conventional wisdom is that initiatives want to start out at 60% support or better -- but a serious effort is underway there to put the issue before the voters in 2016.
The Marijuana Policy Project (MPP) is teaming with Safer Arizona and other state activist groups for the 2016 initiative campaign and has formed a ballot committee to begin laying the groundwork for a Colorado-style initiative.
The initiative language is not a done deal, and there are some signs that local activists aren't completely happy with MPP's proposed language, but that's why there are consultations going on.
Maine
The Marijuana Policy Project has been laying the groundwork for a statewide legalization initiative in 2016 with local initiative campaigns in some of the state's largest cities in 2014 and 2013 and is working on final initiative language now. But it is also seeing competition from a state-based group,Legalize Maine, that says it is crafting its own initiative and is criticizing both MPP and Maine politicians for advancing "out of state corporate interests" at the expense of Mainers.

Whether MPP and Legalize Maine can get together behind a single initiative remains to be seen. If they can, good; if they can't, well, Maine is a small and relatively inexpensive state in which to run a signature-gathering campaign. There could be not one, but two legalization initiatives in Maine next year.
Meanwhile, state Rep. Diane Russell has filed a legalization bill in the legislature this year. Maine is one of the states where the looming presence of legalization initiatives could actually move the legislature to act preemptively to craft a legalization scheme to its own liking.
Massachusetts
Massachusetts is another. As in Maine, but to a much greater degree, Bay State activists have been laying the groundwork for legalization for years. Groups such as MassCann/NORML and the Drug Policy Forum of Massachusetts have run a series of marijuana reform "public policy questions" in various state electoral districts each election cycle since 2000 -- and they have never lost! The questions are non-binding, but they're a clear indicator to state legislators where voter sentiment lies.

The state has also seen successful decriminalization and medical marijuana initiatives, in 2008 and 2012, respectively. In both cases, the initiatives were approved with 63% of the vote. And again as in Maine, the Marijuana Policy Project is organizing an initiative, but local activists with similar complaints to those in Maine are threatening to run their own initiative. Organized as Bay State Repeal, which includes some veteran Massachusetts activists, the group says it wants the least restrictive legalization law possible. Whether the two efforts can reach a common understanding remains to be seen.

Meanwhile, the issue could move in the legislature in the next two years. New Republican Gov. Charlie Baker says he's opposed to legalization, but is praising Democratic Senate President Stanley Rosenberg's decision to appoint a special Senate committee to examine issues around legalization. Rep. David Rogers (D-Cambridge) isn't waiting. He's filed a legalization bill, and while previous such bills have languished in the Joint Committee on the Judiciary, incoming committee head Sen. Will Brownberger (D-Boston) has said he will give it a hearing. Something could happen this year, although it's more likely next year, and the voters doing it themselves on Election Day 2016 is more likely yet.
Vermont
Vermont could be the best bet for a state to legalize it this year and for the first state to legalize it through the legislative process. There is no initiative process in the state, so that's the only way it's going to happen. And the state has already proceeded well down that path.
Gov. Peter Shumlin (D) has endorsed legalization in principle -- the devil is the details -- and the legislature last year approved a RAND study on the impacts of legalization, which was just released earlier this month. That study estimated that freeing the weed could bring the state $20 to $70 million in annual pot tax revenues.
Other state officials have expressed openness to the idea, and a May 2014 poll found 57% support for legalization. There's not a bill in the hopper yet this year, but one could move quickly in this state where a lot of the legislative groundwork has already been laid.
The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana to help push the process along. Stay tuned; this is one to watch.
Missouri
And there's a dark horse in the heartland. The Missouri activist group Show Me Cannabis has been running an impressive educational campaign about marijuana legalization for the past few years. The group tried to get an initiative on the ballot last year, but came up short.
They've already filed paperwork for 2016 for a constitutional amendment to make it legal to grow, sell, and use marijuana for people 21 and over.
One reason Show Me Cannabis came up short in 2014 was the lack of support from major players outside the state. Given the lack of polls showing strong support for legalization, the big players remain sitting on their wallets, but that could change if good poll numbers emerge. And there's still plenty of time to make the 2016 ballot.

Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)

There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:

South Dakota Highway Patrol drug dog and trainer. How long can you be detained waiting for them to show up? (dps.sd.gov)

Marijuana PolicyWashington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by and adopting a competitive, merit- and experience-based licensing application system.
Medical Marijuana
Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.
Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.
Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.
Opiates
New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.
Asset Forfeiture
Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.
Criminal Justice
Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.
Drug Testing
Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.
Search and Seizure
Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.
International
Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

Jamaica is About to Decriminalize Ganja

by psmith,

This article was published in collaboration with AlterNet.
The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries.

Rastaman has a reason to smile. (wikimedia.org)

The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday.

It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.
While Jamaica is home to the Rastafarian religion, whose sacrament is marijuana, and has high usage rates (9.8% of the adult population, ranking it 10th worldwide, according to the UN), it has been slow to move forward on marijuana law reform.
It's been 14 years since a government-appointed National Commission on Ganja recommended decriminalization. At the time, Jamaican politicians were able to point to baleful threats coming from Washington as a reason not to move forward.

But things have changed. The United States is no longer wielding international drug control treaties as clubs with which to beat down reform efforts and, in fact, is moving unevenly toward marijuana legalization itself. Four states and the District of Columbia have already legalized it, and 14 more have decriminalized it.
The situation in the hemisphere is similar. Uruguay has already legalized it, while Argentina, Colombia, and Mexico have decriminalized the possession of small amounts. The land of the legendary Lamb's Bread pot strain and the home of ganja icon Bob Marley is in danger of being left behind when it comes to bringing marijuana laws into the 21st Century.

Groups such as the Ganja Law Reform Coalition, the Ganja Future Growers and Producers Association, and the Cannabis Commercial and Medicinal Research Task Force have been urging the government to loosen the island's pot laws not only for the sake of social justice, but also for fear that failure to act will hurt Jamaica's competitiveness in what is foreseen to be an emerging international legal marijuana market.
Now, while they're not getting full legalization, they are getting decriminalization and the opportunity to lay the groundwork for a legal marijuana industry.

"The development is long overdue and comes after years, and, in recent times, heavy pressure from what is now a diverse and broadening group of stakeholders on human rights, social, economic, scientific and medical grounds," cannabis taskforce director Delano Seiveright said in a statement.
For Prime Minister Michael Golding, it's less about social justice than economics. Marijuana law reform could boost the island's already significant tourist industry, he said.
"We need to position ourselves to take advantage of the significant economic opportunities offered by this emerging industry," Golding said.

Kingston

Jamaica