Denver wants to put the kibosh on outdoor pot-smoking, a California appeals court okays a local ban on medical marijuana grows, Costa Rica enacts a sentencing reform, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Denver City Council Takes First Vote Approving Ban on Front Porch Toking. Despite heated public opposition, the Denver city council Monday night voted 7-5 to approve an amendment to the city's marijuana ordinance that would ban smoking on one's front porch or balcony. A second and final vote is set for next week, but is considered a formality.
Faced With 2016 Initiative, Arizona Legislator Urges Colleagues to Take Up Legalization. Rep. Ruben Gallegos (D-Phoenix) is calling on his fellow legislators to take up marijuana legalization because if they don't, voters will likely legalize it themselves at the polls in 2016. But a key Republican legislator, Rep. Eddie Farnsworth (R-Gilbert), head of the House Judiciary Committee, said he's opposed to the idea.
Guam Public Hearing on Medical Marijuana Gets Emotional. Guamanian legislators heard heart-wrenching testimony Tuesday at the first of two public hearings for the Joaquin Concepcion Compassionate Cannabis Use Act of 2013 (Bill 215) as several patients and caregivers described how medical marijuana had (and could) alleviate suffering. The Guam Medical Association is opposed. A second hearing is set for December 12.
California Appeals Court Upholds City's Ban on Medical Marijuana Cultivation. California's 3rd District Court of Appeals ruled Tuesday that the city of Live Oak can ban medical marijuana grows, even personal ones. The court relied on the state Supreme Court's ruling in the Riverside case, in which the high court held that localities can regulate and even ban dispensaries. "This decision makes it imperative that California adopt legislation specifically recognizing the right of all patients in need to access medical marijuana," said Dale Gieringer, head of California NORML.
Costa Rica Takes Softer Line on Women Caught Smuggling Drugs into Prisons. A bill signed into law earlier this year by President Laura Chinchilla reduces the possible sentences for women caught smuggling drugs into the country's prisons. The term has been reduced from between eight and 20 years to between three and eight years. The law also allows judges to consider alternative sentences, such as house arrest or confinement in a halfway house. The law is retroactive and will initially benefit about 100 women currently doing time for this offense.
Britain's New Drugs Minister Doesn't Rule Out Marijuana Legalization. Liberal Democrat Norman Baker, the new drugs minister in the coalition government dominated by the Conservatives, refused to rule out the possibility of marijuana legalization in his first appearance before parliament Tuesday. "I think it needs to be considered along with everything else. It is not my prime objective and I am not advocating it at the moment. We should be prepared to follow the evidence and see where it takes us," he said.
Massachusetts and Illinois prepare for medical marijuana dispensaries, action is picking up in state legislatures, and Americans for Safe Access issues a report on state compliance with federal enforcement priorities. And more. Let's get to it:
On Monday, Americans for Safe Access released a report finding that medical marijuana states have enacted regulations that address federal enforcement concerns and calling on legislators and state rule-makers to keep the August 2013 Justice Department memo on enforcement guidelines in mind as they craft new laws and regulations. But DOJ memos aren't a solution, just a stopgap until appropriate federal legislation is passed, the report said.
On Monday, State Rep. Patricia Todd said she will reintroduce medical marijuana legislation. She is talking up a bill that would allow for the use of CBD. Todd's previous medical marijuana bills have gotten nowhere in Montgomery.
Last Thursday, four California US representatives called for an end to the harassment of dispensaries.Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."
Also last Thursday, the Santa Cruz planning commission approved plans for a new dispensary to open where one closed last year. The panel unanimously approved a special use permit for CannaCruz Collective. The city only allows for two dispensaries, and one other one is already open nearby.
Last Tuesday, the Niles city board approved regulations limiting where medical marijuana facilities can locate. Such businesses will be limited to manufacturing districts with a special use permit. Medical marijuana becomes legal in Illinois on January 1.
Last Friday, the state Department of Health released the names of finalists for medical marijuana sales licenses. There are one hundred of them, but some may face difficulties finding locations, in part because at least 130 cities and towns have adopted temporary moratoria on them. Applicants each paid a $30,000 application fee to enter the final round.
On Monday, a key legislative leader said medical marijuana is a top priority next month. House Judiciary Committee Chair Kevin Cotter (R-Mount Pleasant) said his top priority next month is to take up three medical marijuana-related bills. The first, House Bill 4271, would revive medical marijuana dispensaries in Michigan after recent court rulings effectively stopped the facilities from operating in the state. Cotter also plans to take up two other medical marijuana-related bills. House Bill 5104 would allow patients to use edible forms of marijuana. And Senate Bill 660 would clear the way for pharmacies to sell medical marijuana in Michigan, but only if the federal government decides to regulate cannabis as a prescription drug.
On Monday, a lawmaker filed a bill allowing patients to get their medicine out of state. Assemblywoman Linda Stender (D-Union) introduced a bill that would allow Garden State medical marijuana patients to buy their medicine in other states where it is legal and consume it in New Jersey. The bill attempts to address restrictions in the state's medical marijuana law that prevent easy access to some medical marijuana formulations, especially strains with high levels of CBD.
On Saturday, Democratic lawmakers announced public hearings next month to try to push a medical marijuana bill through the legislature. They plan to hold public hearings next month in Buffalo and Mineola. For the past several years, bills have passed the Assembly, only to die in the more conservative Senate. Another bill is moving this year. Click on the link for hearing details.
On Monday, a New York City council committee approved a resolution urging the federal government to approve the Medical Marijuana Patient Protection Act, which would take medical marijuana off the federal list of controlled substances and enable certified medical providers and researchers to prescribe or access the drug without the threat of prosecution. The vote was unanimous.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Medical marijuana gets attention in the statehouse, another drug war atrocity in New Mexico, Greece's first safe injection site is open, and a gram of opium or a few pounds of pot can get you the death penalty if you're in the wrong place. And more. Let's get to it:
[image:1 align:left caption:true]Medical Marijuana
Key Michigan Politico Says Medical Marijuana Top Priority in December. House Judiciary Committee Chair Kevin Cotter (R-Mount Pleasant) said Monday his top priority next month is to take up three medical marijuana-related bills. The first,House Bill 4271, would revive medical marijuana dispensaries in Michigan after recent court rulings effectively stopped the facilities from operating in the state. Cotter also plans to take up two other medical marijuana-related bills. House Bill 5104 would allow patients to use edible forms of marijuana. And Senate Bill 660 would clear the way for pharmacies to sell medical marijuana in Michigan, but only if the federal government decides to regulate cannabis as a prescription drug.
New Jersey Lawmaker Files Bill Allowing Patients to Buy Out of State. Assemblywoman Linda Stender (D-Union) Monday introduced a bill that would allow Garden State medical marijuana patients to buy their medicine in other states where it is legal and consume it in New Jersey. The bill attempts to address restrictions in the state's medical marijuana law that prevent easy access to some medical marijuana formulations, especially strains with high levels of CBD.
Alabama Lawmaker Ready to Try Again on Medical Marijuana. State Rep. Patricia Todd (D-Birmingham) will reintroduce medical marijuana legislation again next year, she said Monday. The bill would allow for the use of CBD. Todd's previous medical marijuana bills have gotten nowhere in Montgomery.
New Jersey Hemp Bill Wins Committee Vote. A bill that would create an industrial hemp license to regulate the "planting, growing, harvesting, possessing, processing, selling, and buying" of the crop passed the Assembly Agriculture and Natural Resources Committee Monday. The bill, Assembly Bill 2415, sponsored by Assemblyman Reed Gusciora (D-Mercer), would require the end of federal hemp prohibition before licenses could be issued.
New Mexico Woman Sues over Vaginal Macing During Drug Arrest. What on earth is going on in New Mexico? Just weeks ago, it was forced enemas and colonoscopies for drug suspects; now, another New Mexican, Marlene Tapia, is suing Bernalillo County after she says jail guards strip searched her and sprayed mace in her vagina, where she was hiding drugs. The ACLU of New Mexico is taking the case.
New Jersey Bill Would Increase Drug Penalties. A bill that would reduce the amount of heroin necessary to be charged with a first-degree crime and allow prosecutors to charge drug offenses by the number of units of the drug involved instead of their weight passed the Assembly Judiciary Committee Monday. The bill, Assembly Bill 4151, is sponsored by Assemblyman Scott Rumana (R-Passaic).
Greece Sets Up First Supervised Injection Site. Greece has opened its first "drug consumption" room in a bid to slow the spread of blood-borne diseases among injection drug users there. The site has been open since last month and has been used by more than 200 people so far.
European Drug Experts Urge Austerity-Battered Governments Not to Cut Drug Treatment. Drug experts and policy makers from around Europe gathered in Athens Monday to urge governments to exclude drug-abuse treatment from austerity budget cuts, citing an alarming rise in HIV infections among drug users in Greece. Included in the call are harm reduction programs like the Greek supervised injection site, which is funded with Council of Europe funds.
Colombia's FARC Wants to Lead Alternative Crop Pilot Project. The leftist guerrillas of the FARC, now in peace negotiations with the Colombian government, want an active role in a pilot project to get coca farmers to grow alternative crops. The group is proposing that one of its local military units team with the government in a village in southern Colombia in a five-year project intended to get farmers to quit growing coca.
Malaysia Court Gives Thai Woman Death Sentence for Weed. A judge in Malaysia Monday sentenced a 36-year-old Thai woman to death after she was caught with about 30 pounds of marijuana at a bus depot. Barring a successful appeal, Thitapah Charenchuea will be hanged. DPP Nor Shuhada Mohd Yatim prosecuted the case.
Dubai Prosecutors Seeks Death Penalty for Less Than One Gram of Opium. Prosecutors in Dubai are seeking the death penalty for an Iranian worker accused of possessing 0.8 grams of opium. They charged he possessed it for "promotional purposes," the equivalent of "with the intent to distribute."
State Sen. Floyd Prozanski (D-Eugene), the powerful head of the Senate Judiciary Committee, last Friday unveiled a draft bill that would ask voters in the November 2014 election whether they wanted to legalize marijuana. The announcement came as lawmakers began debating whether to advance the issue.
[image:1 align:left]Under Prozanski's plan, the legislature would pass the bill, and the marijuana legalization question would then appear on the November 2014 ballot. If approved by the voters, the legislature would then be charged with crafting regulations in 2015.
Next year, Oregon has only a six-week special legislative session beginning in February. That's why Prozanski wants solons to handle the regulatory issues in 2015, when there is more time.
Prozanski said a vote on legalization is inevitable, and if the legislature doesn't act, activists will put their own measures before the voters. At least two initiatives are already in the works, one by Paul Stanford, the controversial force behind last year's failed Measure 80 campaign, and one by local activists organized as New Approach Oregon, which is already picking up some seed money.
"It is here, we need deal with it," Prozanski said in remarks reported by the Associated Press. "Because if we don't deal with it, it's going to be given to us, and I think we'll have a lot of unintended consequences."
New Approach Oregon spokesman Anthony Johnson told the AP it was too early to tell if Prozanski's draft bill would satisfy his group. If not, Oregon voters could have two or more separate proposals to choose from next November.
Peter B. Lewis, the billionaire head of Progressive Insurance and a leading funder of drug reform efforts in recent decades, died Saturday at his home in Coconut Grove, Florida. He was 80 years old.
Peter Lewis (wikipedia.org) The Cleveland native built Progressive, a small company started by his father, into an auto insurance powerhouse with more than 26,000 employees and $17 billion in premiums. His personal fortune was estimated at around $1 billion at the time of his death, and over his lifetime, he donated about $500 million to various causes.
As progressive as the name of his insurance company, Lewis financially supported the American Civil Liberties Union and the 2004 presidential campaign of then Sen. John Kerry. He also helped launched progressive organizations including Media Matters, Third Way, Citizens for Ethics and Responsibility in Washington, among others.
One of his causes was drug law reform, particularly marijuana. Open about his enjoyment of the herb, Lewis was arrested by New Zealand authorities in 2000 after flying into the country to attend yacht races. But his financial support for the cause predated that event. Through the years Lewis contributed millions of dollars to a series of a initiative campaigns, including last year's successful campaigns in Colorado and Washington, where he was the single largest donor. Before he died, he also contributed to a nascent effort to put a legalization initiative on the 2014 Oregon ballot.
Along with financier George Soros and Phoenix University founder John Sperling, Lewis was for years one of the troika of big money funders for drug reform. That has begun to change as a new generation of entrepreneurs begin to pony up for reform, but Lewis and his money played a critical role in the reform movement getting to where it is now.
"The role that Peter has played in marijuana reform is that of leading this movement to the very brink of success," attorney and Lewis political strategist Graham Boyd told the Cleveland Plain Dealer Saturday night. "We've won two important states and I think just in the very near future there's going to be a cascade of victories that will be attributable to him and I do wish he had lived to see that success."
Drug reform funder Peter Lewis dies, the Oregon legislature will consider a legalization initiative bill, medical marijuana patients are suing Health Canada, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Oregon Legislature to Consider Voter-Approved Marijuana Legalization Bill. State Sen. Floyd Prozanski (D-Eugene), head of the Senate Judiciary Committee, unveiled a draft bill Friday that would ask voters in the November 2014 election to approve marijuana legalization. If they did, the legislature would be charging with coming up with regulations in 2015. If the draft bill fails to move in the legislature, activists are already working on a separate 2014 legalization initiative.
Outdoor Anniversary Pot Party Approved for Seattle Center.The city of Seattle has approved a permit for a multi-hundred person pot party to mark the first anniversary of legal weed in the state. The event will take place at Seattle Center on December 6 and will include a permitted outdoor marijuana-smoking area.
Denver City Council Debating Marijuana Smoking Restrictions. The Denver city council is today holding a public hearing on an ordinance regulating marijuana smoking on private property. The council is about evenly divided between members who want to ban pot-smoking visible from the street or sidewalks and those who don't. Marijuana Policy Project spokesman and Amendment 64 proponent Mason Tvert held a protest on his balcony this morning where he publicly -- and legally -- consumed "a more dangerous substance."
Medical Marijuana States are Complying with Federal Enforcement Guidelines, Report Says. The medical marijuana advocacy group Americans for Safe Access Monday released a report finding that medical marijuana states have enacted regulations that address federal enforcement concerns and calling on legislators and state rulemakers to keep the August 2013 Justice Department memo on enforcement guidelines in mind as they craft new laws and regulations. But DOJ memos aren't a solution, just a stop-gap until appropriate federal legislation is passed, the report said.
Public Hearings on Medical Marijuana Coming in New York State. Democratic lawmakers trying to push a medical marijuana bill through the legislature plan to hold public hearings next month in Buffalo and Mineola. For the past several years, bills have passed the Assembly, only to die in the more conservative Senate. Another bill is moving this year. Click on the link for hearing details.
Gone But Not Forgotten
Philanthropist, Drug Reform Funder Peter Lewis Dies. Peter Lewis, the man who took Progressive Insurance into the auto insurance big leagues, died Saturday in Florida. Over the past 30 years, Lewis gave millions of dollars to efforts to legalize marijuana, as well as other drug reform efforts, including a recent contribution to a proposed 2014 initiative in Oregon. He was 80 years old.
Feticide Charge Dismissed Against Drug-Using Louisiana Woman. A Louisiana judge has ruled that a woman who allegedly snorted cocaine days before giving birth to a stillborn fetus cannot be charged under the state's feticide law. That law only applies to people other than the expectant mother, District Judge Trudy White ruled. The woman was charged after a parish coroner ruled the stillbirth a homicide, saying the mother's drug use "led to a normally healthy baby ending up dying." Prosecutors could still bring other charges against the woman, they said.
Medical Marijuana Patients to Sue Health Canada over Being Outed. Medical marijuana patients furious and frightened after Health Canada outed them by sending each one of them documents in a white envelope with "Medical Marijuana Access Program" written across the top, followed by the patients' names and addresses are planning a class-action lawsuit. Health Canada said last week the mailing was the result of administrative error, but that is not assuaging unhappy patients.Government Sponsored Anti-Marijuana Legalization Marchers take to the Streets in Mexico. Organized by the National Social Leaders of Mexico (CONAL), and with the support of a federal government children's development program, anti-marijuana legalization marchers in small numbers took to the streets of at least 15 Mexican cities over the weekend. They oppose growing talk of legalization, which has occurred in the Mexico City city council and the national congress, among other places.