Lots of California news today, plus a Montana anti-marijuana initiative folds.
[image:1 align:left caption:true]Marijuana Policy
California Legislature Passes Cottage Cannabis Production Bill. The measure, Assembly Bill 2516, would establish a new medical marijuana cultivator license category for what sponsor Assemblyman Jim Woods (D-North Coast) calls "microfarmers." The category would apply to farmers with 2,500 square feet or less for mixed-light cultivation, 500 square feet for indoor cultivation, or up to 25 mature marijuana plants for outdoor cultivation. The bill now goes to the desk of Gov. Jerry Brown (D).
California's Legal Marijuana Industry Could Generate $6.5 Billion a Year, Report Says. A new report from Arcview Market Research estimates that legalizing marijuana in the state would create a $6.5 billion annual market by 2020. That would make California the "epicenter" of legal marijuana in the US.
Montana Anti-Marijuana Zealot Gives Up on Initiative to Repeal Medical Marijuana Law. Billings auto dealer Steve Zabawa has given up the ghost on his effort to get an anti-marijuana initiative on the state ballot. His measure would have repealed the state's already seriously gutted medical marijuana law (a measure that has made the ballot, I-182, seeks to reinstate the original law) and declare that any drug illegal under federal law is illegal under state law. He came up short on signatures, lost an initial court challenge, and now says he doesn't have time to appeal to the state Supreme Court. Zabawa said he will now concentrate on trying to defeat I-182.
California Legislature Approves Asset Forfeiture Reform Bill. A bill that would require a criminal conviction before seizing assets in cases involving less than $40,000 has passed the legislature and is now on the desk of Gov. Jerry Brown (D). The measure, Senate Bill 443, sponsored by Sen. Holly Mitchell (D-Los Angeles), would also prohibit police from partnering with federal agencies in drug busts in order to get around state asset forfeiture laws.
Which states will be voting on medical marijuana this year is becoming clearer, but is not completely settled; a new study finds that marijuana is not implicated with bad organ transplant outcomes, and more.
Last Friday, a study found that marijuana use is not associated with bad organ transplant outcomes. A peer-reviewed study from the journal Clinical Transplantation finds that marijuana use is not contraindicated in kidney transplants. "[R]ecreational marijuana use should not be considered a contraindication to kidney transplantation," the authors concluded. "[R]ecreational marijuana use should be systematically evaluated in a larger setting before a decision is made on what, if any, degree of use or abuse should be considered a relative or absolute contraindication, or whether use or abuse should be considered a contraindication." Even in jurisdictions that allow for medical marijuana use, hospitals routinely disqualify patients with a marijuana history from eligibility for organ transplants.
As of Tuesday, these four states will definitely be voting on medical marijuana initiatives in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.
Last Friday, a second medical marijuana initiative looked set to qualify for the ballot. There's already one medical marijuana initiative on the ballot, the Arkansas Medical Cannabis Act, but there could be another. Backers of the Arkansas Medical Marijuana Amendment handed in additional signatures last Friday after they came up short in the original round of petitioning. The amendment needed 84,589 valid voter signatures, but only came up with 72,000 valid ones on July 8. Being so close, however, qualified the amendment for a second round of signature gathering, and it has now handed in another 35,000 raw signatures, meaning it should now qualify. If both initiatives appear on the ballot and both pass, the one with the most votes will become law.
On Wednesday, prohibitionists went to court to block the Arkansas Medical Cannabis Act. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.
Last Thursday, the prospect of possible legalization was spurring a rush for medical marijuana licenses. More than 750 people or groups have submitted applications for 31 medical marijuana dispensary licenses to be awarded in October. Medical marijuana license holders will get first crack at new adult use licenses if the Prop 205 legalization initiative passes.
On Monday, a group of DAs sought to block New Approach Missouri's challenge on invalidated signatures. A dozen state prosecutors have filed legal action to block the New Approach Missouri medical marijuana initiative from getting on the ballot. The group is challenging official signature counts that say it came up short, but the DAs argue that that isn't the real issue. They argue that the state cannot put on the ballot issues that would result in laws in conflict with US law.
Last Thursday, an anti-marijuana initiative failed to qualify for the ballot, but will challenge the signature shortfall. An initiative seeking to repeal the state's medical marijuana law has failed to qualify for the November ballot after coming up short on valid signatures. The Safe Montana campaign claims the state improperly rejected or lost signatures and has filed suit to challenge the state's decision. Meanwhile, the I-182 initiative, which would rebuild the state's largely gutted medical marijuana program, has already qualified for the ballot.
On Tuesday, a medical marijuana initiative took a giant step toward qualifying for the ballot. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.
Last Friday, the state took a step forward in implementing its medical marijuana system. The state Health Department has released a draft of the rules for the state's nascent medical marijuana industry. The more than 90 pages of draft regulations create a roadmap for aspiring medical marijuana growers and processors who are competing for 25 lucrative permits.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.
[image:1 align:left caption:true]Marijuana Policy
Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.
These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.
Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.
Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.
Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.
Search and Seizure
Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.
Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.