Chronicle AM: Christie Blames Obama for "Heroin Epidemic," CO Patients Sue Over PTSD, More (8/24/2015)
Pot isn't stinky enough for its odor to automatically qualify as disorderly conduct in Oregon, Colorado patients sue over the state's decision not to include PTSD in the medical marijuana program, Oklahomans will try again to get a medical marijuana initiative on the ballot, and more.
[image:1 align:left caption:true]Marijuana Policy
Oregon Court Rules Pot Smell Not Inherently Offensive. The state Court of Appeals has thrown out the conviction of a man arrested on graffiti charges after police entered his home using the premise that he was committing disorderly conduct with the "physically offensive" odor of smoked marijuana. The court held that marijuana odors are not necessarily "physically offensive," writing that, "We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing." The case is State v. Lang.
Colorado Patients Sue Over State's Refusal to Include PTSD as Qualifying Condition. Five PTSD patients filed suit against the state Board of Health last Thursday over its decision not to include PTSD on the state's medical marijuana eligibility list. The board and the Department of Public Health and Environment, which is also named in the complaint, now have 21 days to respond.
Oklahoma Medical Marijuana Initiative Coming. Medical marijuana advocates filed papers with the state last Friday indicating they are preparing another initiative petition drive to put the issue before the voters. Once the initiative is approved for circulation, proponents will have 90 days to gather 123,000 valid voter signatures to qualify for the November 2016 ballot. A similar effort fell short in 2014. This one is being run by a group called Green the Vote.
Chris Christie Campaign Ad Blames Heroin "Epidemic" on Obama. In a new campaign ad, the New Jersey governor and Republican presidential contender goes after "lawlessness in America and around the world under Barack Obama" and declares that "drugs are running rampant and destroying lives" as images of an apparent drug overdose and a hoodie-wearing addict shooting up show on the screen. Christie doubled down on the ad on MSNBC's Morning Joe this morning: "This president has set a standard in Washington of lawlessness," he said. "What I mean by that is this: If you don't like the law, don't enforce it. So if you don't like the immigration laws, don't enforce those and let there be sanctuary cities throughout the country and do nothing about it. If you don't like the marijuana laws, don't enforce the marijuana laws in certain states if they don't feel like enforcing them."
Ohio Bill Would End Automatic Drivers' License Suspension for Drug Offenses. Following an edict developed by the federal government in the 1990s, people convicted of drug offenses in Ohio face an automatic six-month suspension of their drivers' licenses, even if no vehicle was involved in their offense. The state told the federal government in December it wanted out of the program, and now a bill to do just that, Senate Bill 204, has been introduced. The bill would make the suspension discretionary instead of mandatory, and it has the support of state prosecutors. "It never made much sense to have a license suspension in connection with a drug offense unless there is a vehicle involved," said John Murphy of the Ohio Prosecuting Attorneys Association.
May Shootout in Mexico Now Looks Like a Massacre By Police. The Mexican National Security Commission told the public that an incident that left 42 alleged cartel gunmen and one police officer dead was an hours-long shootout, but evidence developed since then suggest that it was instead a massacre or summary execution of suspects. Now, the Mexican Attorney General's Office and local prosecutors in Michoacan say crime scene evidence doesn't match what the commission and the police reported. That evidence suggests that only 12 of the 42 dead narcos were killed in action. Twenty-three others had wounds consistent not with a gunfight, but with an execution. Federal police said they seized 43 firearms, but only 12 had been fired, and photographs of the scene showed bodies with muddy hands lying next to clean weapons. One victim was shot nine times in the back; another was beaten to death. The Attorney General's Office says it will take over the investigation once local investigators are done.
(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.)
A Wisconsin tribe moves toward legal marijuana, Oakland's effort to back the Harborside dispensary gets shot down in federal court, Peru wants to shoot down drug planes again, both major Kentucky governor candidates want to drug test welfare recipients, and more.
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California NAACP Files Legalization Initiative. The civil rights group has filed the Community Act to Regulate, Control and Tax Cannabis, the latest addition to the growing list of legalization initiatives filed in the state. Reports are that the initiative is not designed to compete with the still long-awaited proposal from ReformCA, of which the California NAACP is a member, but to submit model language in support of the broader effort. The initiative would legalize up to an ounce and allow personal grows of up to 25 square feet, as well as allow marijuana commerce.
Wisconsin's Menominee Tribe Votes to Legalize Marijuana on Reservation. Tribal members overwhelmingly approved two advisory questions on whether the tribe should legalize marijuana on its reservation. Recreational marijuana was approved 677 to 499, while medical marijuana was approved 899 to 275. The matter now goes to the tribal legislature, which, given the vote, will likely approve ordinances allowing for marijuana.
Federal Appeals Court Rejects City of Oakland Lawsuit Backing Harborside Dispensary. The 9th US Circuit Court of Appeals has upheld a lower court ruling dismissing Oakland's lawsuit against the Justice Department and the Northern California US Attorney's office. The city had argued that closing the dispensary would deprive it of tax revenues and increase crime by creating a black market for marijuana. Then-US Attorney Melinda Haag moved in 2012 to seize Harborside, claiming it violated federal law by selling medical marijuana. The case continues even though the Justice Department has since said it generally wouldn't interfere with state marijuana laws.
First Las Vegas Dispensary Set to Open Monday. A spokesman for Euphoria Wellness said Thursday the dispensary had won final state and county approvals this week and would open for business Monday. It will be the first dispensary in Clark County. The first dispensary in the state opened last month in the Reno suburb of Sparks.
Both Major Kentucky Gubernatorial Candidates Want to Do Welfare Drug Testing. Democratic Attorney General Jack Conway has joined Republican gubernatorial nominee Matt Bevin in calling for drug testing of some welfare recipients. "I don't want to see our tax dollars going to support drug addiction," Conway, the Democratic front-runner, said Thursday. But Conway called for suspicion-based drug testing, while Bevins called for random testing, and Conway rejects drug testing Medicare recipients, while Bevins is for it.
Peruvian Congress Approves Shooting Down Suspected Drug Planes. The Congress voted unanimously Thursday to allow military planes to shoot down suspected drug flights. Drug-fighting President Ollanta Humala is expected to sign the bill. Peru claims a ton of cocaine a day is flown to Bolivia. Peru used to shoot down drug planes, but stopped after one of its pilots in a CIA-run program shot down a small plane carrying US missionaries, killing US citizen Roni Bowers and her infant daughter, Charity.
Russia Threatens to Ban Wikipedia Over Drug "How To" Entry. Russia's online censor, Roskomnadzor, says it will ban the entire website from Russia unless it removes or blocks access to an article about how to make a marijuana preparation. The censor has also recently gone after Reddit and YouTube over similar postings. Click on the link for more.
Canada's NDP Would Decriminalize Marijuana "Right Away." New Democratic Party leader Thomas Mulcair said Thursday that "the NDP's position is decriminalization the moment we form a government" and that "it's something we can do right away." The NDP is leading most polls in the elections set for October. The Liberals under Justin Trudeau have called for outright legalization, but they're polling third, behind the Conservatives, who have taken a hard line opposing any moves at drug liberalization.
Dusseldorf Moves Forward on Legal Marijuana Sales Plan. Councilors in the German city Wednesday approved a pilot project to sell marijuana to adults. The move was a joint effort by the three parties that form the city's governing coalition, the Social Democrats, the Free Democrats, and the Greens. A similar move is afoot in Berlin, Germany's largest city, where councilors in the Friedrichshain-Kreuzberg district applied for a marijuana license in June.
(This article was prepared by StoptheDrugWar.org's lobbying arm, 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.)