Marijuana

Kamloops Daily News, 11 May 2013 - There's a tantalizing 10-page gap in the B.C. government's response to a freedom of information request. An unidentified media outlet asked for any records in the Justice Ministry dealing with the possible impact of decisions in Washington state and Colorado to approve recreational marijuana use.

Honolulu Star-Advertiser, 11 May 2013 - This week, the Colorado General Assembly put the finishing touches on legislation aimed at taxing and regulating the commercial distribution of marijuana for recreational use. The process has been haunted by the fear that the federal government will try to quash this momentous experiment in pharmacological tolerance - a fear magnified by the Obama administration's continuing silence on the subject.

The Steamboat Today, 11 May 2013 - Just in the nick of time last week, Colorado lawmakers came together to pass legislation establishing the regulatory framework for retail marijuana business in the state. While much remains in the air - including, for example, whether Colorado voters will approve this fall marijuana excise and sales taxes that will raise money for school construction and pot industry oversight, respectively - there are some fundamental positives about the bills approved Wednesday. Significantly for Steamboat Springs, Routt County and other municipalities, the laws provide at least a regulatory foundation on which they can build. Last November's passage of Amendment 64 very clearly legalized the possession and use of small amounts of cannabis for adults 21 and older, but the constitutional amendment left it up to the state to work out regulations for the operation of recreational marijuana businesses. The state was up against a July 1 deadline to create such regulations.

Packet & Times, 11 May 2013 - The possibility of a medical-marijuana facility has caused a big stir in a small Muskoka town. About two weeks ago, the 700 residents of MacTier, located about an hour north of Orillia in the Township of Georgian Bay, learned their council was considering converting their only community centre and arena into a medical marijuana research and development plant.

The government of the former Soviet republic of Georgia is considering legalizing marijuana, the country's Labor, Health, and Social Affairs minister said Friday.

[image:1 align:right]"As far as drugs are concerned, ban-related mechanisms very often entail a ricochet effect, which means strengthening and development of other directions and etc.," David Sergeyenko told the local Novosti-Georgia news agency. Dealing with drugs requires "a well-considered strategy" and "the legalization of marijuana could be a part of it," he said.

But don't start torching up in Tbilisi just yet, Segeyenko said.

"The fact that we are now discussing this issue does not mean that we will wake up one day and see marijuana at supermarkets. Of course, it will not happen this way," he said, leaving unclear just exactly what he did envision.

Under current Georgian law, people convicted of illegal drug possession face up to a year in jail, a fine, or community service.

This isn't the first time there has been legalization talk in Georgia. In 2005, the head of the Georgian Council for Drug Policy, Tamara Sirbiladze, called for marijuana legalization, saying it could "reduce the number of drug-related crimes."

Prince George Citizen, 10 May 2013 - There's a tantalizing 10-page gap in the B.C. government's response to a freedom of information request. An unidentified media outlet asked for any records in the justice ministry dealing with the possible impact of decisions in Washington state and Colorado to approve recreational marijuana use.

Seattle Times, 09 May 2013 - IN their meeting last week, President Obama and Mexican President Enrique Pena Nieto had a chance to consider marijuana legalization. Millions of Americans are ready for this, at least as an option for the states. Mexicans have suffered 60,000 drug-related murders in the past seven years and should be open to such a policy. But Obama and Pena Nieto made no move to consider it.

The Colorado legislature Wednesday approved a pair of bills that will establish a regulated marijuana market for adults. The legislature was charged with doing so when voters approved the marijuana legalization Amendment 64 last November.

[image:1 align:right]On the down side, the legislature earlier approved another bill, House Bill 1325, which would set a level of THC in the blood above which drivers would be presumed to be impaired. Drivers with 5 milligrams or more of THC per milliliter of blood would be considered to be impaired, but could challenge that presumption in court.

The marijuana regulation bills are House Bill 1317 and House Bill 1318. The former creates the framework for regulations governing marijuana retail sales, cultivation, and product manufacturing, while the latter enacts a 10% special sales tax (above and beyond standard sales taxes) and a 15% excise tax on wholesale sales.

Under Colorado law, the tax bill will have to be approved by voters in November. But three-quarters of Colorado voters support such pot taxation, according a Public Policy Polling survey.

"The adoption of these bills is a truly historic milestone and brings Colorado one step closer to establishing the world's first legal, regulated, and taxed marijuana market for adults," said Mason Tvert, director of communications for the Marijuana Policy Project, who served as an official proponent and campaign co-director for the ballot measure approved by Colorado voters in November. "Facilitating the shift from the failed policy of prohibition to a more sensible system of regulation has been a huge undertaking, and we applaud the many task force members, legislators, and others who have helped effect this change," Tvert said. "We are confident that this legislation will allow state and local officials to implement a comprehensive, robust, and sufficiently funded regulatory system that will effectively control marijuana in Colorado."

Look for an in-depth analysis of the new regulations coming soon.

Marijuana rescheduling is headed for the US Supreme Court, the California Supreme Court upheld local dispensary bans, the feds strike again in Berkeley and Washington state, and there is action in state legislatures, too. Let's get to it:

[image:1 align:left]National

Last week, Americans for Safe Access announced it was appealing to the Supreme Court to overturn the DC Court of Appeals' ruling upholding the DEA's refusal to reclassify marijuana out of Schedule I. ASA's appeal to the Supreme Court asks that the DEA be required to apply the same standard to evaluating cannabis that it uses for other substances. The DEA claims there are no "adequate and well-controlled studies" that show cannabis has medical use, despite the many clinical trials and peer-reviewed scientific studies that show cannabis to be a safe and effective medicine for treating a wide variety of conditions.

Last Wednesday, a Fox News poll had support for medical marijuana at 85% nationwide. The figure included 80% of Republicans and is the highest level of support for medical marijuana ever in the Fox News poll.

Arizona

On Tuesday, Gov. Jan Brewer signed a bill that will allow medical marijuana research on university campuses. Brewer had last year supported successful legislation that banned even medical marijuana on state college and university campuses, but the ban aimed primarily at students had the unintended consequence of blocking serious academic research being undertaken on medical marijuana and PTSD by University of Arizona psychiatrist Sue Sisley. The new law allows medical marijuana on campus for carefully controlled and approved studies.

California

Last Wednesday, prosecutors in Tuolumne County dropped marijuana trafficking charges against the owners of a local medical marijuana collective. Charges were dropped in the case of the Today's Health Collective, which had been raided in May 2011. Prosecutors complained that "inconsistencies in opinions from different courts have required a shift in the focus of law enforcement and jury instruction" and "the cumulative effect of evidence collected in 2011 has been weakened by this development."

On Monday, the state Supreme Court upheld the right of localities to ban dispensaries. Some 200 California towns and counties have already done so, but others had held off because of uncertainty over the legality of bans. The ruling means that patients' access to medical marijuana will depend in part on where in the state they live.

On Tuesday, the dispensary operator in the Monday Supreme Court case said he had closed his shop. Operator and medical marijuana activist Lanny Swerdlow said he would comply with the high court ruling and shut down Inland Empire Patient's Health and Wellness Center.

Also on Tuesday, federal prosecutors filed an asset forfeiture lawsuit against the landlord for the Berkeley Patients Group, one of the most well-respected dispensaries in the state. The feds already forced BPG to move last year, saying it was too close to a school. The dispensary relocated to a site even further from schools, but US Attorney Melinda Haag filed the forfeiture suit without warning anyway.

Also on Tuesday, the Yuba City city council adopted a marijuana cultivation ordinance requiring people growing medical marijuana at home to register with the city and trim their plants out of public view. They also have to install security fences and carbon filtration systems to reduce odor. The ordinance had been in place on a temporary basis since March 2012, but became permanent with Tuesday's 3-2 vote.

Illinois

On Wednesday, a hearing on a medical marijuana bill was underway in the Senate Executive Committee. The bill would allow residents with serious illnesses, such as cancer, multiple sclerosis, and HIV/AIDS, to access and use medical marijuana if their physicians recommend it. If approved, the measure will be considered by the full Senate. It received approval from the full House of Representatives on April 17.

Maryland

Last Thursday, Gov. O'Malley signed a medical marijuana bill into law. The measure, House Bill 1101, will allow patients to qualify for protections from arrest and prosecution if they are enrolled in a program administered by one of Maryland’s teaching hospitals. The law takes effect October 1. But it's not clear how many of the state's teaching hospitals will participate.

Massachusetts

On Wednesday, the Public Health Council approved medical marijuana regulations. The regulations include requiring doctors to complete a full clinical checkup before issuing a recommendations, recommendations will expire after one year, and patients will not be allowed to use medical marijuana at dispensaries. The regulations approved today will go into effect on May 25. They allow the department to establish a competitive application process for non-profits seeking certifications that will permit them to operate. DPH is required to certify at least 14, but no more than 35, medical marijuana treatment centers to open by January, 2014.

Minnesota

Last Thursday, medical marijuana supporters outlined their bill, but conceded that no action on it is likely until next year. The measure dictates the amount of marijuana someone can possess, the types of health conditions that would permit use and the rules medical professionals must follow when issuing prescriptions. It would continue to bar smoking of marijuana on school buses and school grounds, on public transportation, in the presence of a child and while operating vehicles, boats or other transportation equipment.

New Hampshire

On Monday, the Senate Committee on Health, Education, and Human Services approved a medical marijuana bill, but not before removing PTSD as a qualifying condition and removing a home cultivation provision at the insistence of Gov. Maggie Hassan. Other changes to the bill reduced the number of authorized dispensaries allowed statewide from five to four, added a requirement that patients get written permission from a property owner before using medical marijuana on privately owned land, and eliminated protections for out of state medical marijuana patients traveling with marijuana in  New Hampshire. The measure had already overwhelmingly passed the House. Medical marijuana advocates are continuing to fight for a better version of the bill.

New Jersey

Last Thursday, Health Commissioner Mary O'Dowd said two more dispensaries will likely open soon. Years after medical marijuana was legalized in the state, only one dispensary is open. The first dispensary opened in Montclair, Essex County, in December, but is limiting its clientele to North Jersey residents. A second dispensary operator is renovating a former warehouse in Egg Harbor, Atlantic County, and plans an opening in September. A third dispensary operator is renovating its location in Woodbridge, O'Dowd said.

Washington

Last Wednesday, news broke that the DEA had sent cease-and-desist letters to 11 dispensaries. The agency complained in the April 29 letters they were within 1,000 feet of schools. The DEA told recipients of the letters to stop distributing marijuana within 30 days or face property seizure and forfeiture.

Appeal-Democrat, 08 May 2013 - Medical marijuana growers face permanent restrictions in Yuba City, following a split vote at Tuesday's City Council meeting to adopt a cultivation ordinance to the municipal code. The regulations have been in effect since March 2012 on a temporary basis to allow city staff to make tweaks along the way. On Tuesday, the standards became permanent when council members approved them on a 3-2 vote.

East Bay Express, 08 May 2013 - The high court's decision to uphold pot club bans could result in an extended period in which it will be impossible to buy medical cannabis in some cities but not in others - unless the legislature intervenes. The California Supreme Court upheld on Monday the right of cities and counties to ban medical cannabis dispensaries in a unanimous decision that promises to have major ramifications in the state. The ruling means that cities like Walnut Creek and counties like Riverside can continue to ban medical cannabis dispensaries in their areas - even though medical cannabis remains legal statewide. It also lets cities like Oakland, Berkeley, and San Francisco to continue to allow regulated medical marijuana collectives operating in storefronts - i.e., dispensaries.

The Stranger, 08 May 2013 - It's Historic, but a Nonissue Thanks to Legalization When Seattle cops cracked down on May Day protests last week, they formed phalanxes and blasted the crowd with pepper spray. But when demonstrators arrive downtown this Saturday-for a protest with its own civil disobedience-the city's top cop won't be an adversary. He'll be the keynote speaker.

The Stranger, 08 May 2013 - And the Hippies Win-Again Breaking news, everyone: It turns out that downtown business groups and pot-smoking hippies don't always get along. The powerful Downtown Seattle Association (DSA) sent a letter asking the city to deny Hempfest's permit this year-it is scheduled for the third weekend in August-saying the pot festival, which boasts hundreds of thousands of attendees, has outgrown Myrtle Edwards Park.

Honolulu Star-Advertiser, 08 May 2013 - A federal judge explained Tuesday that Hawaii island cannabis advocate Roger Christie could not show that the federal government's inclusion of marijuana in the most restrictive drug classification is irrational. U.S. District Judge Leslie Kobayashi denied on March 29 the 63-year-old man's request to dismiss his marijuana charges.

Chico Enterprise-Record, 08 May 2013 - OROVILLE -- With some stipulations, it is legal to cultivate marijuana in the unincorporated parts of Butte County, but there are rules growers have to follow that have nothing to do with cannabis. Tuesday, County Public Works Director Mike Crump told the Board of Supervisors that since it adopted a medical marijuana cultivation ordinance, his department has had a substantial upswing in illegal grading, particularly in the foothills around Concow, Feather Falls and Magalia.

Chico Enterprise-Record, 08 May 2013 - Cities and Counties Should Have the Right to Ban Medical Marijuana Dispensaries, As the State Supreme Court Affirmed Monday. Marijuana advocates have chalked up victories in places like Colorado and Washington state, but in California - the first state to pass a law allowing medical marijuana use - smaller losses keep piling up since voters approved Proposition 215 nearly 17 years ago.

Washington Times, 08 May 2013 - Meeting Revenue Goals Will Be in Voters' Hands DENVER - Recreational marijuana was sold to Colorado voters as a revenue source for schools, but some lawmakers now worry that they may wind up with all of the pot and none of the money.

Ten members of the House Judiciary Committee have agreed to form an Over-Criminalization Task Force to review the expansion of the federal criminal code and make recommendations for paring it down. There are roughly 4,500 federal crimes on the law books, with new ones being added at a rate of about 50 a year.

[image:1 align:left caption:true]This proposed review of federal criminal laws is the first since the 1980s, when the number of federal crimes on the books was about half what it is now. The task force will conduct hearings and investigate issues around over-criminalization and will have the opportunity to issue reports to the Justice Committee on its findings and policy recommendations.

Task force members include Reps. Spencer Bachus (R-AL), Karen Bass (D-CA), Steve Cohen (D-TN), Louie Gohmert (R-TX), George Holding (R-NC), Hakeem Jeffries (D-NY), Raul Labrador (R-ID), Jerold Nadler (D-NY), Bobby Scott (D-VA), and James Sensenbrenner (R-WI). The group contains both prominent drug law reformers, such as Cohen and Scott, and prominent drug warriors, such as Gohmert and Sensenbrenner.

Among possible topics for the task force are federal drug laws and sentences in general and federal marijuana prohibition in particular. The group could also explore the issue of mens rea, or criminal intent, particularly in relation to the expansion of the use of conspiracy laws since the late 1980s. The use of those laws has led to low-level offenders, including some who were not even part of a drug trafficking enterprise, being sentenced to years or decades in federal prison -- sentences that were supposed to be reserved for high-level offenders.

"As former chairman and long-serving member of the Judiciary Committee, I've seen first-hand just how muddled the criminal code is," said Sensenbrenner. "It's time to scrub it clean. The Over-Criminalization Task Force will review federal laws in Title 18, and laws outside of Title 18 that have not gone through the Judiciary Committee, to modernize our criminal code. In addition, I reintroduced the Criminal Code Modernization and Simplification Act [not posted as of Tuesday] today, which would reform Title 18 of the US Code, reduce the existing criminal code by more than one-third, and update the code to make it more comprehensible."

"Unduly expansive criminal provisions in our law unnecessarily drive up incarceration rates," said Rep. John Conyers (D-MI), the committee's ranking Democrat. "Almost one-quarter of the world's inmates are locked up in the United States, yet Americans constitute only five percent of the world population. In addition, the incarceration rate for African Americans is six times that of the national incarceration average. I welcome the work of the over-criminalization task force in analyzing this serious issue."

"Although crime is primarily a matter for states and localities to handle, over the last 40 or so years Congress has increasingly sought to address societal problems by adding criminal provisions to the federal code," said Scott. "There are now over 4,000 federal criminal provisions, plus hundreds of thousands of federal regulations which impose criminal penalties, often without requiring that criminal intent be shown to establish guilt. As a result, we are hearing many complaints of overuse and abusive uses of federal criminal laws from a broad-based coalition of organizations ranging from the Heritage Foundation to the National Association of Criminal Defense Lawyers. Today, we are establishing a bipartisan task force on over-criminalization to assess issues and make recommendations for improvements to the federal criminal system, and I look forward to working with my colleagues on this worthy endeavor."

"This Task Force is a step in the right direction and could propose recommendations to significantly alleviate mass incarceration and racial disparities in the federal system," said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance. "The establishment of this Task Force is long overdue for the drug policy reform movement. It is past time for Congress to re-examine marijuana laws, conspiracy laws, mandatory minimum sentencing, and the appropriate role and use of the federal government’s resources."

Record Searchlight, 07 May 2013 - California cities and counties can ban pot shops, the state's highest court ruled today in a unanimous opinion likely to further diminish California's once-robust medical marijuana industry. The California Supreme Court said neither the state's voter-approved law legalizing medical marijuana nor a companion measure adopted by the Legislature prevent local governments from using their land use and zoning powers to prohibit storefront dispensaries.

San Francisco Examiner, 07 May 2013 - California High Court Says Municipalities Can Ban Medical Marijuana Dispensaries The California Supreme Court ruled unanimously Monday that cities and counties have the right to ban medical marijuana dispensaries within their borders, despite the existence of a state law that protects patients who use the drug.