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Chronicle AM: USA Today Slams Asset Forfeiture, NY Times on AFT Drug Stash House Stings, More (11/20/14)

Marijuana (STDW) - Thu, 11/20/2014 - 21:27

A new Maine legalization group lays out its vision, take your medical marijuana card when you go to Nevada next year, asset forfeiture gets ripped by USA Today, the New York Times takes a look at a questionable law enforcement practice, and more. Let's get to it:

[image:1 align:right caption:true]Marijuana Policy

New Maine Legalization Group Wants Home Grows, Social Clubs. Calling itself Legalize Maine, a new group has emerged with a plan to free the weed there. Group organizer Paul McCarrier said his plan is "home grown" -- a jab at the Washington, DC-based Marijuana Policy Project (MPP), which has been laying the groundwork for statewide legalization there for the past several years -- and would allow for home cultivation, the use of marijuana in social clubs, and an 8% tax on sales. MPP has not released details of what it will propose for the 2016 ballot, but its local initiatives in the state did not address home cultivation or allow for social clubs. Click on the link to read more detail on the Legalize Maine plan.

Medical Marijuana

Iowa Pharmacy Board Punts on Reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.

Nevada Will Honor Medical Marijuana Cards from Other States. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.

Asset Forfeiture

Civil Asset Forfeiture Should "Go Away," Says USA Today. USA Today has joined the growing ranks of newspapers calling for state and federal civil asset forfeiture reform. In a Wednesday editorial, the country's third-largest daily circulation newspaper said asset forfeiture had come "unmoored" from its original intent of taking the profit out of crime and now appeared like something "one might expect in a banana republic, not the United States." The newspaper called for action on pending federal asset forfeiture reform bills and ended its editorial thusly: "Civil asset forfeiture is government at its absolute worst -- intimidating helpless citizens for its own benefit. It needs to go away."

Law Enforcement

New York Times Examines ATF Fake Drug Stash House Rip-Off Stings. The Times turns a jaundiced eye to the Bureau of Alcohol, Tobacco and Firearms' (ATF) use of imaginary stash-house stings, where undercover agents entice people into participating in what they thought were robberies of drug stash houses, only to be arrested and imprisoned, sometimes for decades. The newspaper notes that although most of the stings have survived legal challenges, some federal judges are now throwing out such cases. One federal judge in Los Angeles threw out a case earlier this year, citing "outrageous government misconduct" with the ATF "trawling for crooks in seedy, poverty-ridden areas -- all without an iota of suspicion that any particular person has committed similar conduct in the past." Almost all of the people wrapped up in the stings have been brown or black. Clarence Walker has covered this issue for the Chronicle here and here.

International

Argentina As Latin America's Newest Drug Trafficking Hub. Argentina is emerging as a new drug trafficking hub, according to this analysis in World Politics Review. Author Benoit Gomis points to a number of factors ranging from geography to the size of the Argentine drug market, as well as infiltration by regional drug operations, weak law enforcement, and corruption. Gomis suggests one thing Argentina can do is emulate its neighbor Uruguay, which legalized marijuana last year in a bid to undercut the drug trade. Click on the link to read the whole thing.

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CN BC: Vancouver's Pot Museum Set To Close Its Doors

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
Vancouver 24hours, 20 Nov 2014 - Collection moving to Detroit, while organizer plans 'world-class dispensary' for Vancouver For the last decade, $2.50 would get you a 30-minute tour through the ins and outs of herbal medicine - from the story behind Absinthe to a brief history of magic mushrooms in Canada to ancient cannabis use.
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US IL: City Council Shelves Security Crackdown for Medical Pot

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
Chicago Sun-Times, 20 Nov 2014 - Despite concern that medical marijuana is a "cash only" business that breeds crime, the City Council on Wednesday squelched - probably for good - a security crackdown that would have required cultivation centers and dispensaries to hire around-the-clock security guards and prevent "public viewing" of pot. Mayoral challenger Bob Fioretti ( 2nd) and his Progressive Caucus colleague Ald. Scott Waguespack ( 32nd) used a parliamentary maneuver to put off consideration of the watered-down security ordinance until the next Council meeting, but the delay is likely to be permanent.
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US ME: Group Unveils Marijuana Legalization Plan

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
Boston Globe, 20 Nov 2014 - AUGUSTA, MAINE (AP) - A group that wants to legalize recreational marijuana is beginning its push to put the measure before Maine voters in 2016. Legalize Maine, a newly formed political action committee, is calling its plan "a home-grown effort" to legalize marijuana in Maine. The group's organizer, Paul McCarrier, said Wednesday that its proposal can help revive Maine's economy. McCarrier's group wants to tax marijuana at 8 percent, the same as prepared food, lodging, and liquor. It also wants to create marijuana social clubs. The effort is separate from another push to legalize marijuana in the state. - --- MAP posted-by: Jay Bergstrom
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US CA: Column: As Pot Picks Up, Cali Slows Down

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
Sacramento News & Review, 20 Nov 2014 - Hey, thanks for the national update last week. How did marijuana do in California? - -Willie Wonky Jr. Well Willie, weed wasn't warmly welcomed, if that's what you are asking. Pretty much all of the county initiatives that would have eased restrictions on medical cannabis failed. Measure S in Nevada County didn't pass. Measure O in Lake County was a no go. Shasta County's Measure A, which bans all outdoor growing in unincorporated areas, passed. In Butte County, Measure A passed, Measure B failed-Measure A allows medical marijuana cultivation, but is way more prohibitive than Measure B would have been. The cities of Encinitas and La Mesa (down near San Diego) tried to pass measures that would allow for medical cannabis dispensaries. Couldn't do it. Santa Cruz succeeded in passing a small sales tax on medical marijuana. Santa Ana had two initiatives for regulating medical cannabis on the ballot. The more restrictive one was the winner.
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US CA: Column: Cannabis Commercialization

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
North Coast Journal, 20 Nov 2014 - "Do I hear 2,000?" America's first pot auction netted the Washington proprietor of Fireweed Farms about $600,000 on Saturday, Nov. 15. According to the Tri-City Herald, Randy Williams sold about 300 pounds of bud "so he could spend time with his grandson instead of packaging marijuana" all winter long.
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US CO: Column: What If I Get Busted Toking In Public?

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
Westword, 20 Nov 2014 - Dear Stoner: I know it's not legal to puff out in front of a restaurant or whatever, but what happens if I get busted smoking weed in public? Is it really that bad? Pete B. Puffin Dear Pete: We don't think it's that bad, and we regularly bend the rules ourselves - though we usually tuck back in an alleyway, walk around the parking lot or at least make sure we're not wafting ganja smoke over an outdoor patio full of diners (or cops). But like you, we know we're taking a risk. In the city of Denver, public consumption carries a civil penalty, and you won't get arrested - unless you get belligerent and ignore the cop's warning, as pot attorney Rob Corry learned at a 2013 Rockies game. The first time you get caught puffing in public or even displaying less than an ounce, it'll be a $150 fine. The second time you get caught, it's a $500 fine. And if you get caught more than that, you're just not doing things right (and you'll be facing a $999 fine, to boot). Kids under eighteen won't face any time in juvie if they're caught with pot, though the judge can require treatment in lieu of fines. At the state level, adults eighteen and up caught consuming cannabis face a $100 fine and 24 hours of community service. Oh, and being a medical cannabis patient isn't going to help you. In fact, if you're busted using pot in public and try to use your med card as an excuse, the state can take away your pot-patient status. And cops are writing tickets, too - 668 in the first nine months of 2014. Just be smart and don't become that statistic. We suggest getting a vape pen to help with the stealth. (Elevatedpens.com stocks our current favorite.)
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US CO: Column: Weed Gets the Votes; Pot Sales Fall; Edibles in

Marijuana (MAP) - Thu, 11/20/2014 - 08:00
Boulder Weekly, 20 Nov 2014 - It should be no surprise that the working group tasked with coming up with a recommendation to the legislature about how cannabis edibles should be marked ended after four sessions and no consensus. The working group came about because of House Bill 1366, which directs the State Licensing Authority to develop recommendations for better ways to clearly mark edibles as cannabis products by 2016. Rep. Jonathan Singer, a member of the working group, put it succinctly: He wants to distinguish a marijuana edible just as he can a regular candy bar.
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Medical Marijuana Update

Marijuana (STDW) - Wed, 11/19/2014 - 22:40

California continues to see dispensary battles, Rhode Island's third dispensary opens, medical marijuana is moving in the South, and more. Let's get to it:

[image:1 align:left]Federal

As of Wednesday, the Charlotte's Web Medical Hemp had picked up three more cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapeutic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

California

Last Wednesday, the city of La Mesa was moving to shut down three dispensaries. The move comes after voters there failed to pass a municipal initiative to authorize and regulate the dispensaries. The dispensaries have until November 22 to close their doors, city officials said.

Last Thursday, San Diego moved ahead on shutting down unpermitted dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.

Connecticut

Last Friday, state officials announced a hearing on adding new qualifying conditions. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.

Florida

Last Friday, a state judge rejected the Health Department's medical marijuana grower lottery plan. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.

Georgia

On Monday, a state legislator prefiled a low-THC, high-CBD medical marijuana bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.

Iowa

On Monday, a Board of Pharmacy committee heard debate on reclassifying marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.

Maryland

Last Thursday, a state commission approved medical marijuana regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.

Rhode Island

On Wednesday, the state's third and final dispensary opened. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.

South Carolina

Last Thursday, a state senator said he will introduce a medical marijuana bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.

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

Categories: Marijuana

Chronicle AM: OR Pot Tax Battle, MA Mandatory Minimums Under Fire, More (11/19/14)

Marijuana (STDW) - Wed, 11/19/2014 - 21:34

Oregon cities will fight to be allowed to tax marijuana, the CRS says state-level legalization leaves the US vulnerable to criticism on international drug treaties, federal reform bills pick up more sponsors, Hawaii medical marijuana patients get some rental protections, Iran is fine with executing drug traffickers, and more. Let's get to it:

[image:1 align:left caption:true]Marijuana Policy

Congressional Research Service Says Legalization Leaves US Vulnerable to Charges It Violates International Drug Treaties. In a report released this week, the Congressional Research Service said state-level marijuana legalization challenges the international drug treaties, but that legalization in the District of Columbia would be the most direct affront because Congress has oversight over DC laws and the ability to void them. "This line of reasoning suggests that if Initiative 71 is permitted to take effect, this inaction by the federal government may strengthen the [International Narcotics Control] Board's argument that the United States has not fulfilled its commitments under the Single Convention," the report said. Congress could challenge DC legalization, but it appears there is little interest in doing so.

Oregon Cities Seek to Tax Marijuana. The League of Oregon Cities says it will ask the legislature to amend the voter-approved Measure 91 legalization initiative to explicitly allow local taxes imposed before the measure was approved earlier this month. Measure 91 sponsors say they will oppose the move because it could drive prices up high enough to encourage users to continue to resort to the black market. The legislature is considering forming a joint committee to consider this and regulatory issues in the wake of Measure 91's passage. Measure 91 allows for the state to tax marijuana, but not localities. Some 70 Oregon localities passed tax measures before Measure 91 was approved.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapuetic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

Hawaii Law Protecting Medical Marijuana Patient Housing Rights Goes Into Effect. As of this month, a new law voids provisions in state rental agreements that previously allowed for tenants to be evicted based on their status as registered medical marijuana patients. The Medical Cannabis Coalition of Hawaii fought for and now applauds this step toward protecting patient rights. The law does not, however, protect people living in government-subsidized housing.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Cosponsor. The bill, HR 5212, would strengthen protections against asset forfeiture and require that seizures be proportional to the offense. It was sponsored by Rep. Tim Walhberg (R-MI) and now has 20 cosponsors -- 15 Republicans and five Democrats. The latest is Rep. Tony Cardenas (D-CA). The bill is before the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Drug Treatment

Federal Comprehensive Addiction and Recovery Act Picks Up New Cosponsors. The bill, S 2389, was introduced by Sen. Sheldon Whitehouse (D-RI). It would provide grants to community-based anti-drug coalitions, create treatment instead of incarceration programs, and provide for evidence-based opioid treatment interventions, among other provisions. It now has six cosponsors -- four Democrats and two Republicans. The latest are Sens. Dianne Feinstein (D-CA) and Al Franken (D-MN). It is before the Senate Judiciary Committee.

Sentencing

Federal Smarter Sentencing Act Picks Up New Cosponsors. The bill, HR 3383, was introduced by Rep. Raul Labrador (R-ID) and would allow federal judges to sentence most drug offenders without regard to mandatory minimum sentences. It would also allow crack cocaine offenders sentenced before 2010 to seek sentence reductions. It now has 55 cosponsors -- 36 Democrats and 19 Republicans, and is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Federal Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, HR 3465, was introduced by Rep. James Sensenbrenner (R-WI) and would expand federal grants to aid former prisoners reentering society. It has 45 cosponsors -- 37 Democrats and eight Republicans. The latest is Rep. Grace Meng (D-NY). It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Massachusetts Chief Justice Renews Call for End to Mandatory Minimums for Drug Offenders. After a visit to Worcester Trial Court to meet with local court officials and employees, Supreme Judicial Court Chief Justice Ralph Gants reiterated an earlier call to abolish mandatory minimums for drug offenders. He said he wants "individualized, evidence-based" sentencing. "Everybody sort of feels that the drug problem is not getting any better. I think everybody recognizes that we're not going to incarcerate ourselves out of the problem," he said.

Massachusetts Criminal Justice Panel Recommends Eliminating Mandatory Minimums for Drug Offenders. The Special Commission to Study the Commonwealth's Criminal Justice System has recommended ending mandatory minimum sentences for all drug offenses in the state. It is also calling for parole eligibility for all inmates who have served at least two-thirds of the lower end of their sentences, except for those convicted of murder or manslaughter. The commission is working on a report for incoming Gov. Charlie Baker (R). Baker signaled support for ending mandatory minimums for drug offenders during the campaign.

International

Iran Rejects Criticism of Its Resort to the Death Penalty for Drug Traffickers. Iranian Justice Minister Mostafa Pourmohammadi Tuesday rejected criticism from human rights campaigners and UN human rights bodies over its frequent executions of drug traffickers. "We do not accept the statements made by the UN human rights bodies that drug-related convicts should not be executed," he said. He added that anyone who smuggles or deals drugs deserves to be executed.

Report on Drug Policy Progress in Asia. The Open Society Foundations Global Drug Policy Program has published "Moving the Needle on Drug Policy in Asia," which examines innovations in drug policy in an area that boasts some of the world's harshest drug policies. The report looks at harm reduction programs in Taiwan and drug treatment programs in Malaysia. Click on the title link to read it.

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CN BC: Province Initiates Country's First Clinical Cannabis

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
Metro, 19 Nov 2014 - 'Looking for Answers'. Producer Hopes to Begin Next Spring British Columbia researchers and a medical marijuana producer have joined forces to conduct Canada's first-ever clinical trial to back up anecdotal evidence in using cannabis to treat post-traumatic stress disorder (PTSD) with hard facts.
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US FL: Column: Marijuana Vote Not The Defeat Some Claim

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
The Ledger, 19 Nov 2014 - One big story to come out of the recent elections was the medical marijuana effort failing to reach the 60 percent needed for passage. To hear the pundits, opponents and media tell it, the defeat was devastating for an effort that looked certain to pass early on.
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CN BC: Column: Impressions From Nelson's Historic Mayor's Race

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
Nelson Star, 19 Nov 2014 - Stunning. Impressive. Historic. Those are just a few adjectives to describe Deb Kozak's upset win Saturday in knocking off three-time incumbent Nelson mayor John Dooley. I was among those guessing Dooley would be unstoppable, given a lack of polarizing issues in the campaign. The mayoral race was instead about "leadership style." While some on council were clearly dissatisfied with Dooley at the helm, I never got the same sense from the community at large.
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US PA: Column: When Criminal Vices Become Legal, Savvy

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
The Citizens' Voice, 19 Nov 2014 - Big-time investors hoping to profit from America's emerging business in legalized marijuana might see a bit of themselves in the historic example of Joseph P. Kennedy - the father of President John F. Kennedy. Back in 1933, the Kennedy patriarch made sure his liquor firm would be the first to make millions as Prohibition's decade-long ban on alcohol sales ended. He did so with a blend of politics, cash and timely maneuvers.
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US MI: Column: Justice, Congress Beg to Reform Marijuana Laws

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
The Daily Tribune, 19 Nov 2014 - Both Sides Look to Hand Off Responsibility The Controlled Substances Act, which set up the drug schedules in the early 1970s, explicitly places drug scheduling authority in the hands of the attorney general, and even instructs him or her to "remove any drug or other substance fromthe schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule."
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US CA: Column: Green Lit: California Legalization Measure Is a

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
East Bay Express, 19 Nov 2014 - After the historic marijuana midterms, a seven-hundred-day battle for the Golden State begins. As the dust settles from the historic marijuana midterm election of 2014, a few things have become clear: Namely, Californians will vote on ending cannabis prohibition in 2016. But change is far from inevitable.
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US DC: DC Pot Law Could Jeopardize Drug Treaty

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
Washington Times, 19 Nov 2014 - U.S. Pledged to Help Stop Spread Allowing marijuana legalization in the District leaves the United States vulnerable to charges it is violating international treaties aimed at stemming the drug trade, the nonpartisan research arm of Congress concluded in an analysis that could strengthen the resolve of lawmakers on Capitol Hill to overturn the measure.
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US MI: Face Time: Dimitri Mugianis on Speed-Balling, Ibogaine

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
Metro Times, 19 Nov 2014 - In the underground world of heroin, there is a legend of an African root called iboga, or ibogaine, that can cure addiction. Those in the depths of heroin use, often as a last resort, seek out the root, which can be dangerous to use. Some go to Mexico or to Europe to take it, as it is illegal here in the United States. It can be an expensive trip for the user, and often one made in a moment of final desperation. Native Detroiter Dimitri Mugianis was one of those drug users, and, after taking the root, he turned to a life of service, committed to helping people, especially impoverished users here in the United States. He's well-known in the harm-reduction and drug-user communities, and has some astute observations on drug culture, drug use, and religion, including Islam.
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US MI: Column: The Pot Racket

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
Metro Times, 19 Nov 2014 - Crunching the Numbers in Marijuana's March to Legalization Let's play a little numbers game today. This is not the kind of numbers they played in an illegal lottery that flourished for decades before states started taking over the gambling business.
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US: Marley-Branded Marijuana To Go On Sale In 2015

Marijuana (MAP) - Wed, 11/19/2014 - 08:00
Washington Post, 19 Nov 2014 - It's fair to say that Bob Marley probably could not have imagined that 33 years after his death, his name would be lent to what is about to be the newest entrant to the burgeoning legal marijuana market. The reggae icon was perhaps the most prominent and outspoken advocate of the drug throughout his life and at the height of his fame. He viewed it as a spiritual and creative force that was probably more likely to be legalized by "Christ's government" than governments here on Earth.
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