A federal appeals court upholds the ban on gun sales to medical marijuana patients, Arkansans will have two medical marijuana initiatives on the ballot, Oklahomans will likely have none, and more.
Last Thursday, a second medical marijuana initiative was okayed for the ballot. The state already has one medical marijuana initiative on the ballot, the 2016 Arkansas Medical Cannabis Act, and state officials announced Thursday that a second initiative, the Arkansas Medical Marijuana Amendment, will also appear on the ballot, even though they have yet to certify that it has enough signatures to do so. That's because Thursday was the deadline to certify ballot issues. Because the secretary of state's office was not able to verify late signatures before the deadline, the second initiative has been "certified to the ballot and assigned a number." If the initiative actually comes up short on signatures, votes for it in November will not be recorded.
On Monday, the state Democratic Party endorsed medical marijuana. With two competing medical marijuana initiatives on the ballot, the state Democratic Party has approved a platform plank endorsing medical marijuana. The plank calls for "the development of a responsible medical marijuana program that will receive patients in need of such relief the freedom to access this remedy."
On Wednesday, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled Wednesday that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.
Last Thursday, the medical marijuana initiative was polling above 67%. The Amendment 2 medical marijuana amendment initiative appears headed for victory in November. A new poll from the University of Florida Bob Graham Center has support at 67.8%, in line with a slew of polls since early 2015 that show the initiative will a low of 61% approval and up to 80%. Because the initiative is a constitutional amendment, it needs 60% to pass.
Last Wednesday, an anti-marijuana zealot gave up on his initiative to repeal the state's 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.
Last Thursday, the state Health Department called for expanding the medical marijuana program In a report marking the two-year anniversary of the state's medical marijuana program, the Department of Health called for expanding the program to meet patient needs. "To meet additional patient demand and increase access to medical marijuana throughout New York State, NYSDOH recommends registering five additional organizations over the next two years, using a phased-in approach to permit their smooth integration into the industry," the report said.
On Tuesday, the Health Department announced an expansion of the medical marijuana program. The state Department of Health said Tuesday it will allow nurse practitioners to recommend medical marijuana for patients and allow dispensaries to make deliveries. The department also said it was considering whether to include chronic pain on the state's list of qualifying conditions.
On Monday, advocaes said the medical marijuana initiative was unlikely to appear on the ballot. The group behind the initiative, State Question 788, said they will challenge the attorney general's rewording of the battle title, and that will begin a legal process that will delay the measure beyond the November 8 election date. State officials, on the other hand, said the initiative campaign waited too long to turn in signatures. "We are dealing with processes established in both federal and state election law for initiatives proposed by the people that require specific procedures to be followed," Attorney General Scott Pruitt (R) said. "It's important for the people of Oklahoma to know -- regardless of the substance of the state question -- the signatures were not submitted with enough time to allow this process to be played out completely."
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
President Obama continues commuting drug sentences, the 9th Circuit upholds a ban on gun ownership for medical marijuana patients, Albuquerque gets sued over its asset forfeiture scheme, and more.
[image:1 align:left caption:true]Medical Marijuana
Federal Appeals Court Upholds Ban on Gun Sales to Medical Marijuana Cardholders. The 9th US Circuit Court of Appeals in San Francisco ruled Wednesday that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.
New York Expands Program, Will Allow Medical Marijuana Deliveries. The state Department of Health said Tuesday it will allow nurse practitioners to recommend medical marijuana for patients and allow dispensaries to make deliveries. The department also said it was considering whether to include chronic pain on the state's list of qualifying conditions.
Albuquerque Sued for Refusing to Shut Down Asset Forfeiture Program. An Albuquerque woman whose car was seized after he son was pulled over for drunk driving filed suit in state court Wednesday arguing that the city's asset forfeiture program violates recently passed state-level asset forfeiture reforms and "is driven by a pernicious -- and unconstitutional -- profit incentive" that deprives her of her due process rights. Although the state passed the reforms last year, the city has continued to seize vehicles like Harjo's, arguing the law does not apply to it. The city was already sued by two lawmakers, but that suit was dismissed, with the court ruling they lacked standing to sue. The city has seized more than 8,000 vehicles since 2010.
Pardons and Commutations
President Obama Commutes Sentences for 111 More Drug Offenders. The president continued his pardon push Wednesday, commuting sentences for 111 more drug offenders. That brings to 325 the number pardoned this month alone -- a record -- and to 673 the number whose sentences Obama has commuted throughout his term. That's more than the previous 10 presidents combined.
Mexico Federal Police Chief Fired Over Massacre of Cartel Suspects. President Enrique Pena Nieto Monday fired federal police chief Enrique Gallindo over the apparent massacre of 22 suspected cartel members in Michoacan last year. Earlier this month, the National Human Rights Commission released a report saying the victims had been "executed arbitrarily."
The DEA announces it will make the active ingredients in kratom Schedule I substances, marijuana legalization initiatives in Arizona and Michigan go to court, the Thai government is moving to reform the way it deals with meth, and more.
[image:1 align:right caption:true]Marijuana Policy
Arizona Legalization Campaign Sues Over Ballot Description. The Campaign to Regulate Marijuana Like Alcohol filed a lawsuit Monday asking the state Supreme Court to fix what is says is inaccurate language in the ballot description of Prop 205 that will be presented to voters. The description written by Secretary of State Michele Reagan left out information that the campaign says is important, such as noting that a new 15% marijuana tax would go mainly to schools. The Supreme Court is also hearing a challenge from opponents of Prop 205. It needs to finalize the ballot language today.
Michigan Legalization Campaign Asks State Supreme Court to Put Initiative on Ballot. In a last ditch bid to get its legalization initiative on the November ballot, MI Legalize has filed a motion with the Supreme Court asking it to overturn a lower court's ruling that the state had no obligation to include signatures gathered outside a 180-day window. MI Legalize gathered more than enough signatures to qualify for the ballot, but some of them were deemed too old to be counted.
Arkansas Democratic Party Endorses Medical Marijuana. With two competing medical marijuana initiatives on the ballot, the state Democratic Party has approved a platform plank endorsing medical marijuana. The plank calls for "the development of a responsible medical marijuana program that will receive patients in need of such relief the freedom to access this remedy."
DEA to Place Kratom on Schedule I. The DEA announced Wednesday that it is moving to place the active materials in the kratom plant on Schedule I of the Controlled Substances Act. That schedule is reserved for drugs that have no medical use and a high potential for abuse. The scheduled substances are mitragynine and 7-hydroxymitragynine. Kratom is a tropical tree indigenous to Southeast Asia. It produces opioid-like effects and has been marketed as a legal alternative to controlled substances. Not anymore, though.
Hundreds of Argentine Judges, Lawyers Call for End to Drug War. Some 500 magistrates, lawyers, and other legal figures used the 30th anniversary of key Supreme Court decision to call for an end to the war on drugs. In 1986, in the "Bazterrica" ruling, the nation's high court ruled it unconstitutional to prosecute people for simple drug possession. Yet Argentine law still allows such prosecutions. The legal figures are demanding that the law be changed to be in compliance with the Bazterrica ruling.
Thailand Takes Another Step Toward Moving Meth off Dangerous Drugs List. The Justice Ministry is set to remove methamphetamine from its list of dangerous drugs, which would allow health authorities to use it for medical reasons. The move is part of a larger shift in how the country deals with drug use, and is part of a bill that will emphasize treatment for drug users, including substituting prescription stimulants such as Modafinil for meth. The government has given no time line for when the bill will move.