Medical Marijuana (STDW)
Chronicle AM: CA Sees $1 Billion Pot Tax Bonanza, SF Health Chief Supports Safe Injection Sites, More... (12/2/16)
A battle over safe injection sites looms in San Francisco, California could score a billion bucks a year in pot taxes, kratom gets massive support during the DEA's public comment period on its proposed ban, and more.
[image:1 align:left caption:true]Marijuana Policy
Legal Marijuana Could Generate a Billion Dollars a Year in California Pot Taxes. State analysts estimate legal marijuana tax revenues could provide a $1 billion a year boost in state and local tax revenues. In anticipation of dollars to come, the state Board of Equalization Tuesday approved a proposal to fund staffing to administer the state's legalization bureaucracy, saying it needs $20 million by 2021 to support a staff of 114.
Arkansas Regulators Release Draft Medical Marijuana Rules. The state Department of Health Wednesday released proposed draft rules for the voter-approved medical marijuana program. The rules include provisions about labelling, obtaining medical marijuana registry cards, lab testing requirements, and the process for adding new qualifying conditions. The department said it hopes to present the draft rules to the Board of Health next month and then open them to public comment. The department has not completed draft rules for regulation of and applications for dispensary and cultivation licenses. The state is supposed to be ready to license growers and sellers by June 1.
Minnesota Will Allow Medical Marijuana For PTSD. The state Department of Health has decided to add post-traumatic stress disorder (PTSD) to the list of qualifying conditions for marijuana. It had been weighing requests to add PTSD, autism, arthritis, depression, and other conditions. "While the process of reviewing these potential additions was difficult due to the relative lack of published scientific evidence, PTSD presented the strongest case for potential benefits," Health Commissioner Dr. Ed Ehlinger said. "PTSD also has few effective treatment alternatives available for some patients with the condition," he added. The decision means that patients certified with PTSD will be eligible for medical cannabis starting August 2017.
Kratom Comment Period is Over; Massive Response to DEA Ban Move. The time to comment on the DEA's proposed move to ban kratom has ended, but more than 22,000 comments came in before the deadline, overwhelmingly against restrictive scheduling of the Southeast Asian tree and the psychoactive chemicals it contains. Commenters noted its lack of lethality, its use as a pain reliever, and its utility in substituting for more dangerous opioids. Addiction specialist Dr. Jack Henningfield wrote a 127-page analysis that concluded that scheduling kratom "is not warranted from a public health perspective and is more likely to cause public health problems that do not presently exist." It should be regulated like a health supplement, Henningfield recommended.
San Francisco Health Chief Supports Safe Injection Sites. Barbara Garcia, director of the city's Department of Public Health, strongly endorsed safe injection sites, she told the Board of Supervisors Wednesday. "I think if we were going to open one, it would be very successful," she told the supes, but added that the city needed a half-dozen to make a real difference. That puts her at odds with Mayor Ed Lee, who has come out strongly against the harm reduction measure.
This article was produced in collaboration with AlterNet and first appeared here.
As incoming president, Donald Trump will be, among other things, the man in charge of the nation's drug policy. Whether he takes a hand-on, direct approach to policy-making or whether he delegates decision-making authority on drug matters to subordinates—think Attorney General Jeff Sessions and shudder—the buck ultimately stops with Donald.
[image:1 align:left caption:true]What a Trump administration will do with states that have legalized marijuana is a huge burning question, but the drug policy horizon extends well beyond weed. The Obama administration has championed federal drug sentencing reform, and the president is now commuting the sentences of dozens of drug offenders each week as the clock ticks down on his tenure. Will Trump reverse course?
There's also a huge cry for drug treatment in response to increasing heroin and prescription opioid use. Will a Trump administration be sympathetic? And what about harm reduction—needle exchanges, supervised consumption sites, and the like—do such programs have a future under Trump?
The short answer is: Who knows? Trump is proving day by day that how governs will not necessarily have much correlation with anything he said on the campaign trail. And, as with his approach to many policy areas, what he has said about drugs, both during the campaign and in his earlier life, sounds both spur-of-the-moment and self-contradictory.
But Trump is not just a rather unpredictable president-elect; he's also a person with his own personal and family history, and that history includes a close encounter with substance abuse that sheds some light on his attitudes towards drugs and may influence his drug policy decision-making.
Donald Trump's older brother, and his overbearing father's namesake, "Freddy, Jr.," was a full-blown alcoholic by his mid-20s (and Donald's teens) and drank himself into an early grave at the age of 43 in 1981. Freddy wasn't ready to take over the family business and instead became a fun-loving airline pilot, but his descent into the bottle had a traumatic—and lasting--impact on his little brother.
[image:2 align:right caption:true]"I learned a lot from my brother Fred's death," Trump told Esquire in a 2004 interview. "He was a great-looking guy. He had the best personality. He had everything. But he had a problem with alcohol and cigarettes. He knew he had the problem, and it's a tough problem to have. He was ten years older than me, and he would always tell me not to drink or smoke. And to this day I've never had a cigarette. I've never had a glass of alcohol. I won't even drink a cup of coffee. I just stay away from those things because he had such a tremendous problem. Fred did me a great favor. It's one of the greatest favors anyone's ever done for me," he recalled.
Trump's experience with his brother turned him into a teetotaler, although he does swill Diet Coke instead. And he admits to one other "vice" in revealing terms. In a 2007 video, he said that hot women are his "alcoholism," especially "beautiful" teens.
"I never understood why people don't go after the alcohol companies like they did the tobacco companies," he continued in the Esquire interview. "Alcohol is a much worse problem than cigarettes."
Still, the free-wheeling free marketeer wasn't ready to reinstate Prohibition because of Freddy, and that attitude extended to drugs. In the early 1990s, Trump repeatedly talked about drug legalization, calling drug law enforcement "a joke" and saying "You have to legalize drugs to win that war. You have to take the profits away from these drug czars."
But Trump was singing a different tune on the campaign trail, especially in New Hampshire, which has been hit hard by the opioid wave. In a November 2015 interview with ABC News' Martha Raddatz, Trump backtracked.
"Well, I did not think about it," he confessed. "I said it's something that should be studied and maybe should continue to be studied. But it's not something I'd be willing to do right now. I think it's something that I've always said maybe it has to be looked at because we do such a poor job of policing. We don't want to build walls. We don't want to do anything. And if you're not going to want to do the policing, you're going to have to start thinking about other alternatives. But it's not something that I would want to do."
[image:3 align:left caption:true]That suggests that he thinks if we just enforce drug laws more vigorously, we could solve the problem. But it also suggests that he hasn't really been paying attention to the last 40 years of the war on drugs. Still, he has also said that marijuana legalization "should be a state issue, state by state," suggesting that he will not try to roll back pot legalization in the eight states that have now voted to free the weed.
And in an October 15 speech in New Hampshire, where he made his most coherent remarks about drug policy, he was mainly about building the wall on the Mexican border to stop the flow of heroin from Mexico. But in that speech, he at least sketched the outlines of response that included increased access to the overdose reversal drug naloxone, increased reliance on drug courts, and increased access to the silver bullet of drug addiction, "abuse-deterring drugs." But he didn't say anything about how much he would be willing to spend on treatment and recovery (Hillary Clinton rolled out a $10 billion plan), nor how he would pay for it.
As with many policy areas, Trump's positions on drug policy are murky, seemingly only half-developed, and full of potential contradictions. Will having a teetotaler with a dead alcoholic brother in the White House make for better drug policies or an administration more understanding of the travails of addiction? As with many things Trump, we shall have to wait for his actions. Nominating drug war hardliners like Sen. Jeff Sessions (R-AL) to head the Justice Department and giving Vice President-elect Mike Pence props for enacting mandatory minimum drug sentences aren't good omens, though.
The elections are over and the legislative season is yet to begin, so things are pretty quiet on the medical marijuana front. Still, here are a couple of tidbits.
On Monday, the state moved to improve diversity in the medical marijuana industry. The state Cannabis Commission announced that it is hiring a consultant to advise it on steps it can take to improve racial diversity in the nascent industry. The consultant will decide whether a study can be conducted to determine whether minorities have been unfairly excluded. If such a finding is made, that would allow the state to consider race when awarding medical marijuana licenses.
Last Wednesday, activists filed suit to force early action on patient cards. In the wake of last week's vote to reinstate the state's medical marijuana program, the Montana Cannabis Industry Association has filed a lawsuit seeking to force the Department of Health and Human Services to immediately begin processing and issuing medical marijuana cards. The language of the ballot measure means the state has until next summer to act, but the MCIA doesn't want to dally.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Chronicle AM: Calls for Obama to Cut More Sentences, Iran Drug Death Penalty Moves, More... (11/29/16)
Scholars, advocates, and a US congressman are calling on Obama to ramp up the commutation process in the final weeks of his term, the CDC issues a report calling for expanded syringe exchange, Maryland moves to address racial diversity (or the lack thereof) in the medical marijuana business, and more.
[image:1 align:left caption:true]Marijuana Policy
Massachusetts Marijuana Victory Faces Certification Delay. Secretary of State William Galvin said Monday that the November 8 election results may not be certified in time for marijuana legalization to go into effect on December 15, that date it is supposed to become legal. Ballot initiatives in the state do not become law until they are officially certified, and a December 14 meeting is the earliest date voting tallies on the initiative are likely to presented, Galvin said. But if not by December 15, certainly by early next year, he added: "All those tokers can hold their breath a little longer, but they'll be able to exhale" by early 2017, Galvin quipped.
Maryland Moving to Improve Diversity in Medical Marijuana Industry. The state Cannabis Commission announced Monday that it is hiring a consultant to advise it on steps it can take to improve racial diversity in the nascent industry. The consultant will decide whether a study can be conducted to determine whether minorities have been unfairly excluded. If such a finding is made, that would allow the state to consider race when awarding medical marijuana licenses.
Groundbreaking Report from CDC Calls for Expansion of Syringe Access Programs. In a report on HIV and injection drug use released Tuesday, the Centers for Disease Control and Prevention (CDC) calls strongly for expanding needle exchange programs. "Syringe services programs (SSPs) can play a role in preventing HIV and other health problems among people who inject drugs (PWID)," the report found. "They provide access to sterile syringes and should also provide comprehensive services such as help with stopping substance misuse; testing and linkage to treatment for HIV, hepatitis B, and hepatitis C; education on what to do for an overdose; and other prevention services. State and local health departments can work with their lawmakers and law enforcement to make SSPs more available to PWID."
Calls Mount For Obama to Ramp Up Commutations as Term Nears End. A coalition of scholars and activists as well as a US congressman are calling on President Obama to expand clemency efforts in the final weeks of his administration -- including considering granting clemency to entire groups of people without case-by-case review. Obama has commuted the sentences of more than a thousand people sentenced under draconian drug war sentencing laws, but thousands more have applied for commutations without those applications yet being acted on.
Iran Keeps Moving Toward Ending the Death Penalty for Drugs. The Iranian parliament last week agreed to expedite deliberations on a measure that would dramatically limit the number of people facing execution for drug offenses in the Islamic Republic. Now, the proposal will get top priority in the Legal and Social Affairs Committee before heading before the full parliament. The measure would limit the death penalty to "organized drug lords," "armed trafficking," "repeat offenders," and "bulk drug distributors." Iran is one of the world's leading drug executioners, with drug offenders accounting for the vast majority of the more than a thousand people it executed last year.
Recovery advocates have organized a call-in to pressure Congress to fund the Comprehensive Addiction and Recovery Act, Minnesota may tighten up on opioid prescribing, South Africa advances on medical marijuana, and more.
Move Underway to Get Pot Deliveries in Washington State. Officials in Seattle are working on a draft bill to legalize marijuana delivery services. A similar effort failed in the last legislative session. "As Pete and the Mayor said last January, we support legislation allowing local jurisdictions to opt in to legal, regulated marijuana delivery," said Deputy City Attorney John Schochet, referring to City Attorney Pete Holmes. "We are actively working with the Mayor's office and stakeholders to craft legislation that would allow this."
Heroin and Prescription Opioids
Recovery Advocates Urge Calling Congress on Monday to Get $1 Billion to Address the Opioid Epidemic. The recovery community is urging its members and friends to call Congress Monday to urge it to come up with money to fund the Comprehensive Addiction and Recovery Act (CARA), which passed Congress this past summer. "We, the 95 member organizations of the Association of Recovery Community Organizations (ARCO) at Faces & Voices of Recovery, urge Congress to authorize $1 billion to fight the opiate addiction crisis. We are on the ground in urban and rural communities across the nation fighting this epidemic and we see first-hand the devastation addiction causes to individuals, their children and families, and communities. Our work brings hope to solving this crisis by helping people find and maintain long-term recovery and rebuild their lives." The CARA would increase access to naloxone, provide increased treatment resources for prisoners and bar the Education Department from asking about drug convictions on student loan forms. It would also "improve prescription drug monitoring programs," something drug reformers tend to be wary about due to their potential impact on the availability of pain medications to patients.
Minnesota Attorney General Recommends Opioid Prescribing Changes. Attorney General Lori Swanson Wednesday issued a report on the opioid problem calling for requiring doctors to check state prescription drug databases before issuing new prescriptions and limiting controlled substance prescriptions to 30 days instead of one year. She also called for increased access to the overdose reversal drug naloxone. "Growing addiction to prescription opioid painkillers is devastating families from all walks of life across all parts of our state,"Swanson said. "We need all hands on deck to push forward solutions, which must involve those in health care, the criminal justice system, patients, families, and policymakers."
Swiss Canton of Zurich Moves to Issue Own Medical Marijuana Cards. Swiss citizens can already use medical marijuana if they have authorization from federal health officials, but that process has proven complicated and over-bureaucratized, so the cantonal government in Zurich has approved Green Party-sponsored legislation that would let the canton issue cards itself. But now the canton must get approval for the scheme from the federal government, so stay tuned.
South Africa Takes Another Step Toward Okaying Medical Marijuana. The government's Medicines Control Council has told parliament that the Department of Health is moving ahead with plans to recognize marijuana as a medicine. The council said that it could be ready by February to start issuing permits to allow the cultivation and sale of medical marijuana. The proposed move would also reschedule marijuana from a banned drug to a prescription one.
Chronicle AM: More Obama Commutations, FL Face-Biting Killer Wasn't on Synthetics, More... (11/23/16)
The president continues to exercise his commutation power on behalf of drug war prisoners, the Florida face-biting killer was not on any new psychoactive substances, Montana activists want their medical marijuana program to restart now, not later, and more.
[image:1 align:right caption:true]Medical Marijuana
Montana Activists File Suit to Force Early Action on Patient Cards. In the wake of last week's vote to reinstate the state's medical marijuana program, the Montana Cannabis Industry Association has filed a lawsuit seeking to force the Department of Health and Human Services to immediately begin processing and issuing medical marijuana cards. The language of the ballot measure means the state has until next summer to act, but the MCIA doesn't want to dally.
New Psychoactive Substances
Florida Face-Biting Killer Wasn't on Bath Salts, Flakka. Austin Harrouff, the Florida man charged in the face-biting slaying of a neighbor couple was not under the influence of new psychoactive substances, an autopsy report released Wednesday revealed. Early press and law enforcement commentary had suggested Harrouff was high on bath salts (methcathinone) or flakka (alpha-PVP), but the autopsy revealed only prescription medications and a "minimal" amount of THC in his system. "Austin is struggling with severe mental illness and the judicial process will bear all of this out in due time," his attorney, Nellie King said.
Obama Announces More Commutations, Total Now Over a Thousand. President Obama Wednesday announced that he was commuting the sentences of 79 more drug offenders sentenced under draconian drug laws dating back to the 1980s. That brings the total of commutations under Obama to more than one thousand, which is more than the list 11 presidents combined. Thousands more commutations requests filed in response to an Obama administration call in 2014 remain pending as the clock ticks down on Obama's time in office.
Cayman Islands Legalizes CBD Cannabis Oil. Gov. Helen Kilpatrick last week signed into law legislation allowing for the use of CBD cannabis oil in the island nation. The oil can be used for the treatment of conditions including epilepsy and cancer and as a pain reliever for arthritis symptoms. The law does not allow for marijuana to be grown in the country, but the legislature last month passed a separate law allowing for the importation of CBD cannabis oil.
State lawmakers in Arkansas and Montana are grappling with the results of popular votes allowing medical marijuana, and an Arizona dispensary operator eyes a 2018 initiative.
On Monday, a dispensary operator announced plans for a 2018 medical marijuana expansion initiative. The owners of the Wellness Center, an Apache Junction dispensary, are moving toward an initiative to expand the state's medical marijuana program. The move comes a week after a legalization initiative was narrowly defeated. The initiative would expand the list of qualifying conditions for marijuana and it would allow people who live more than a mile from a dispensary to grow their own. The current law bars people who live within 25 miles of a dispensary from growing their own.
As of Tuesday,some lawmakers were eying changes and delays in implementing the new medical marijuana law. A week after voters approved a medical marijuana initiative, some legislators are acting to delay implementation, saying they need more time for rulemaking. Rep. Doug House (R-North Little Rock) said he is preparing a bill to do that. And Sen. Bart Hester (R-Bentonville) wants to add an additional tax to medical marijuana to help pay for $105 million in tax cuts he is proposing.
As of Monday, medical marijuana bills were piling up at the state legislature. Montanans voted last week to restore their state's medical marijuana system, which had been gutted by the Republican legislature in 2011, and now the legislature faces at least 10 bills designed either to make the system more workable or to try to thwart the will of the voters once again. It's going to be a busy session in Helena.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Chronicle AM: Dutch to Address Coffee Shop Supply, Campaign Against Sessions as AG, More... (11/22/16)
Nashville blows off state attorney general and will continue marijuana decriminalization, time to give your senators your two cents worth on the Sessions nomination, the Dutch ruling party belatedly comes around on coffee shop supply, and more.
[image:1 align:left caption:true]Marijuana
Nashville Will Cite and Release Marijuana Offenders Despite State Attorney General's Opinion. The city of Nashville and surrounding Davidson County will continue to allow police to ticket and release small-time marijuana offenders, even though state Attorney General Herbert Slatery has issued an opinion contending that the local ordinance is invalid because it is preempted by state law. Metro Law Director Jon Cooper: "We have reviewed the Attorney General's opinion and understand his position. However, we believe we have a good faith legal argument that the ordinance is not preempted by state law," Cooper said in a statement Monday. "At this point, we do not believe a change in the police department's enforcement practice is warranted."
Arkansas Lawmakers Eye Changes, Delays in Implementing Medical Marijuana. A week after voters approved a medical marijuana initiative, some legislators are acting to delay implementation, saying they need more time for rulemaking. Rep. Doug House (R-North Little Rock) said he is preparing a bill to do that. And Sen. Bart Hester (R-Bentonville) wants to add an additional tax to medical marijuana to help pay for $105 million in tax cuts he is proposing.
Write Your Senator to Oppose the Sessions Nomination for Attorney General. Donald Trump's pick for Attorney General, Sen. Jeff Sessions, is one of the worst drug warriors in Congress. He almost single-handedly blocked mild sentencing reform bills that members of Congress from both parties supported. He opposes marijuana legalization and has even claimed that "good people don't use marijuana." Sen. Sessions was rejected for a judgeship by a Republican-controlled Senate because of racism and false prosecutions he brought against civil rights activists. He is not a likely leader for continuing the much-needed work that has begun on police reform; in fact he's more likely to worsen the divisions in our country, not improve them. Click on the link to tell your senator what you think.
Dutch Ruling Party Gets on Board With Cannabis Law Reforms. After 20 years of blocking any effort to decriminalize marijuana production, Prime Minister Mark Rutte's VVD party has had a change of heart. At a party conference last weekend, the VVD voted to support "smart regulation" of marijuana and "to redesign the entire domain surrounding soft drugs." The full text of the resolution, supported by 81% of party members, reads: "While the sale of cannabis is tolerated at the front door, stock acquisition is now illegal. The VVD wants to end this strange situation and regulate the policy on soft drugs in a smarter way. It's time to redesign the entire domain surrounding soft drugs. This redevelopment can only take place on a national level. Municipalities should stop experiments with cannabis cultivation as soon as possible." The opposition political parties are already in support of solving the long-lived "back door problem."
Chronicle AM: AG Nominee Stokes MJ Fears, Global Commission Calls for Drug Decrim, More... (11/21/16)
Donald Trump has nominated a harsh drug warrior to head the Justice Department, Montanans will see a slew of bills aiming at making their medical marijuana system more workable (and at least one that wants to kill it), the Global Commission on Drugs called for drug decriminalization, and more.
[image:1 align:left caption:true]Marijuana
Trump's Pick of Jeff Sessions as AG Raises Fears in Marijuana Industry. President-elect Donald Trump (R) has nominated anti-marijuana Alabama Republican Sen. Jeff Sessions to head the Justice Department, setting off alarms in the marijuana industry. As attorney general, Sessions would oversee federal prosecutors and the DEA and could move to undo the Obama administration's policy of largely allowing the states to set their own course on pot policy.
Colorado Bureaucrats Nix On-Site Pot Consumption for Bars. Just a week after voters in Denver approved a social use initiative allowing restaurants and bars to seek permits to allow on-site consumption of marijuana, the Department of Public Health and Environment has announced that it will not allow liquor license-holders to obtain such permits. The department said using alcohol and marijuana together increases impairment. But proponents of the measure said alcohol establishments already rely on the judgment of servers and that the move would allow consumers to use marijuana products without having to go outside or hide behind closed doors.
Arizona Dispensary Operator Eyes 2018 Expansion Initiative. The owners of the Wellness Center, an Apache Junction dispensary, are moving toward an initiative to expand the state's medical marijuana program. The move comes a week after a legalization initiative was narrowly defeated. The initiative would expand the list of qualifying conditions for marijuana and it would allow people who live more than a mile from a dispensary to grow their own. The current law bars people who live within 25 miles of a dispensary from growing their own.
After Initiative Victory, Medical Marijuana Bills Pile Up in Montana. Montanans voted last week to restore their state's medical marijuana system, which had been gutted by the Republican legislature in 2011, and now the legislature faces at least 10 bills designed either to make the system more workable or to try to thwart the will of the voters once again. It's going to be a busy session in Helena.
Heroin and Prescription Opioids
Kentucky Legislator Files Bill to Limit First-Time Opioid Prescribing. State Rep. Jeff Taylor (D-Hopkinsville) has prefiled a bill, BR 202, that would limit first-time adult prescriptions for non-chronic pain relief to a seven-day supply. The bill does include an exception that would allow a doctor to prescribe a longer supply if deemed medically necessary.
Still Ten Days Left to Comment on Proposed Kratom Ban. Anyone who wants to commit on the DEA's plan to schedule kratom has until December 1 to do so. Click on the link for more information.
New Report Calls on UK to Legalize Marijuana. A new report from the Adam Smith Institute says that Great Britain's drug strategy "has failed in its core aims to prevent people from using drugs, manufacturing drugs, and to put a stop to the crime, corruption and death that is taking place on an industrial scale around the world," and calls on the government to legalize marijuana. The report is winning support from a cross-party parliamentary group that includes former deputy prime minister Nick Clegg.
Global Commission on Drugs Calls for Global Drug Decriminalization. In its annual report, the Global Commission on Drugs has called for an end to criminal and civil penalties for drug possession and more research into alternative regulatory models. The report comes months after the commission sharply criticized the United Nations' refusal to embrace more radical drug reforms at its UNGASS on Drugs last spring. Commission member Richard Branson called the UN's status quo approach "fatally flawed" at the time.
Medical marijuana went four for four on Election Day, the feds give up on trying to shut down the Berkeley Patients Group, and more.
On Monday, a new report called marijuana a "promising option" for dealing with opioid addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report finds significant progress in reducing addiction and overdose deaths in states that have legalized it.
Last Thursday, the state Supreme Court rejected a bid to reinstate a medical marijuana initiative. The state's high court Thursday denied a petition for a rehearing on its decision to disqualify Issue 7. Another medical marijuana initiative, Issue 6, remains on the ballot.
On Tuesday, Arkansas voters approved Issue 6.
Last Monday, the feds gave up on trying to shut down Berkeley's flagship dispensary. The Justice Department has given up on its efforts to shut down the Berkeley Patients Group. The three-year effort came to an end Monday, when federal prosecutors in San Francisco filed a motion to dismiss their civil forfeiture case against the dispensary. City officials had supported the dispensary in its battle with then-US Attorney Melinda Haag. The move is the latest sign the federal government is winding down efforts to go after marijuana businesses in states where they are legal.
District of Columbia
Last Thursday, the DC council approved letting out of state patients purchase medical marijuana. The council has approved a measure to let medical marijuana users from other states use their registration cards to purchase their medicine in the District. The vote was unanimous.
Last Friday, a panel voted to allow medical marijuana for "opiate use disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.
Last Friday, the medical marijuana initiative campaign got a nice cash boost. North Dakota for Compassionate Care, the group behind the Measure 5 medical marijuana initiative has received an unexpected last-minute donation of $15,000 from Drug Policy Action, the lobbying and campaign arm of the Drug Policy Alliance. The group will use the money for a final advertising push to get their message out to voters ahead of next week's elections.
On Tuesday, Measure 5 passed with 64% of the vote.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Donald Trump wasn't the only big winner on Tuesday. Marijuana law reform also had a stellar night, with medical marijuana winning in all four states it was on the ballot and marijuana legalization winning four out of five.
[image:1 align:left]Pot legalization won in California (Prop 64), Maine (Question 1), Massachusetts (Question 4), and Nevada (Question 2), losing only in Arizona (Prop 205), where a deep-pocketed opposition led by a hostile sitting governor managed to blunt the reform thrust. Medical marijuana won overwhelmingly in Florida (Amendment 2), the first state in the South to embrace full-blown medical marijuana, as well as in Arkansas (Question 6), Montana (I-182), and North Dakota (Measure 5).
This week's election doubles the number of legal marijuana states from four to eight and brings the number of full-fledged medical marijuana states to 28. It also means some 50 million people just got pot-legal, more than tripling the number of people living in states that have freed the weed.
"This is one of the most significant days in the history of marijuana prohibition and this movement," said Rob Kampia, long-time head of the Marijuana Policy Project (MPP), which was behind the legalization initiatives in Arizona, Maine, Massachusetts, and Nevada and which also backed the California initiative. "When four states legalize it, it's a big deal, and California is an even bigger deal. The next time we'll see a day as important as yesterday is when a president signs a bill to end federal marijuana prohibition."
A major question is whether Donald Trump might be that president. During the campaign, he suggested that he would follow President Obama's lead and not interfere with state-level marijuana legalization and regulation (roughly the same position as Hillary Clinton). But his political alliances leave some reformers less than sanguine about a Trump administration.
[image:2 align:right]"Marijuana reform won big across America on Election Day - indeed it's safe to say that no other reform was approved by so many citizens on so many ballots this year," said Ethan Nadelmann, executive director of the Drug Policy Alliance, which was involved in the California campaign. "But the prospect of Donald Trump as our next president concerns me deeply. His most likely appointees to senior law enforcement positions - Rudy Giuliani and Chris Christie - are no friends of marijuana reform, nor is his vice president.
"The momentum for ending marijuana prohibition took a great leap forward with the victories in California and elsewhere, but the federal government retains the power to hobble much of what we've accomplished," Nadelmann continued. "The progress we've made, and the values that underlie our struggle - freedom, compassion, reason and justice - will be very much at risk when Donald Trump enters the White House."
MPP's Kampia had a more optimistic take.
"The positions of Clinton and Trump were very similar," he said. "We have no reason to believe Trump would escalate the war on nonviolent marijuana users in states where it is legal. States will continue moving forward, and we will see a string of successes in the future, as well as being able to implement the laws passed yesterday."
That remains to be seen, as does the chance that a Republican Congress will move in a positive direction on marijuana. In a Wednesday tele-conference, marijuana reform stalwart Rep. Earl Blumenauer (D-OR), pointed to three areas where congressional action is needed: reforming the IRS's 280-E tax code provision that bars marijuana businesses from getting normal business tax breaks, reforming Treasury Department regulations that bar financial institutions from doing business with pot businesses, and removing barriers to research on marijuana's medical efficacy.
"I believe the next administration will follow the policy of the Obama administration," he said. "We had strong support for legalization in nine diverse states, with more support for these legalize, regulate, and tax policies than for either presidential candidate. The people have spoken, and that will make it easier for us in Congress to build bipartisan support for this legislation. There are now 28 states where there are state-legal businesses having to pay their taxes with shopping bags full of $20 bills. We have growing support in the House and Senate to stop this insanity," Blumenauer said.
[image:3 align:left]"I believe we will see action within the next two years to stop this discrimination against state-legal marijuana businesses," he prophesied. "Now that the playing field has expanded dramatically, including that overwhelming vote in Florida, which will become the second largest state marijuana market in the country, there is even more incentive. Some representatives are ambivalent or even opposed to marijuana legalization, but will serve their constituents."
But, as DPA's Nadelmann noted, even if Congress is favorably disposed to move in a positive direction on marijuana, the Trump executive branch is likely to feature staunch foes of marijuana law reform. Will advisors and possible appointees such as Chris Christie, Rudy Giuliani, and Mike Pence push Trump to try to undo the spreading marijuana legalization movement? And will Trump listen if they do? We will know the answer to these questions only in the fullness of time.
In the meantime, voters in initiative and referendum states and legislators in states without the initiative process can work to create more facts on the ground, more legalization states. National public opinion polls—and this week's elections—show that marijuana legalization is a winning issue. And the more states that legalize it, the more ridiculous, or as Obama put it this week, "untenable," federal marijuana prohibition becomes. Even a Trump victory, with all the frightening prospects that brings, may not be able to stop the marijuana juggernaut.
The Associated Press has called Massachusetts, saying Question 4 will win. It's currently at 54% with 77% of the vote counted.
It's leading 64% to 36% with 71% of the vote counted.
Florida voters easily passed a constitutional amendment to approve the use of medical marijuana Tuesday. A number of Southern states, including Florida, have in recent years passed limited, CBD-only medical marijuana laws, but passage of Amendment 2 means the South has its first full-blown medical marijuana law.
[image:1 align:left caption:true]With returns 90% complete at 8 p.m. on election night, Amendment 2 was winning with 71% of the vote. Under Florida law, constitutional amendments not need a simple majority but 60% of the vote.
The second time was the charm for attorney John Morgan and United for Care, which led the charge for Amendment 2. Their first effort in 2014 came up just short, winning 57.6% of the vote, a solid majority, but enough votes to overcome the 60% hurdle. The 2014 effort also had to fight headwinds generated by a "no" campaign financed to the tune of $5 million, primarily thanks to prohibitionist zealot and Las Vegas casino magnate Sheldon Adelson.
Amendment 2 overcame that electoral hurdle and another multi-million dollar "no" campaign, again with significant contributions from Adelson, as well as Florida arch-prohibitionist Mel Sembler. It also benefited from strong presidential election year turnout and two more years of attitudinal shifts toward tolerance of marijuana in general and medical marijuana in particular.
Under the measure, patients with "debilitating medical conditions as determined by a licensed Florida physician" will be able to buy weed legally through state-regulated dispensaries. But they won't be able to grow their own.
Pain is a drag. And chronic pain is a never-ending drag. Unfortunately, as we grow older, we can expect to increasingly suffer its torments. Half of older adults who live on their own report suffering from chronic pain. For people in elderly care facilities, that figure jumps to somewhere around 80%.
[image:1 align:left caption:true]An aging population with its associated aches and pains is one reason opioid pain prescriptions have increased so dramatically this century. Opiates are a very popular pain management technique, despite the well-known problems with them, primarily addiction and lethality. They can ease your pain, but they can also kill you or get you strung out. And opiate users report other problems less severe, but still affecting quality of life, such as constipation and foggy-headedness.
In recent years, we have seen increasing evidence that one substance can reduce both pain and the reliance on opioids to treat it, and that its use can have a positive impact on fatal opioid overdoses. That substance is marijuana.
As the Johns Hopkins Bloomberg School of Public Health reported in 2014, "In states where it is legal to use medical marijuana to manage chronic pain and other conditions, the annual number of deaths from prescription drug overdose is 25% lower than in states where medical marijuana remains illegal."
Now, new research findings from Care By Design, one of California's leading medical marijuana producers, add more evidence of the positive role marijuana can play in treating chronic pain and reducing dependence on opioid pain medications. The study surveyed 800 patients, mostly between 50 and 70, more than 80% of whom reported suffering from chronic pain, half of whom reported suffering from acute pain, and more than 40% of whom reported suffering from both.
These patients were in a world of hurt and had tried a number of pain management tools—opiates, medical marijuana, anti-inflammatory agents (NSAIDS), nerve blockers, exercise/physical therapy, and surgery—with respondents reporting trying an average of four of them. A quarter of patients reported having tried all six.
The patients reported that marijuana was very effective for pain, with few negative side effects. That was in striking distinction to opiates, which patients also said were effective for pain, but had a significant negative impact on quality of life for a significant number of them. In fact, the differences between the two substances in terms of quality of life were so dramatic they led to dramatic changes in patient behavior.
[image:2 align:right caption:true]"This survey brings some very important information to light," said Care By Design spokesman Nick Caston. "We see here in our patient data that cannabis is improving the quality of life of our patients—particularly elderly patients suffering from age-related pain—and that it does so without the dangerous side effects of other pain management modalities.
"The study’s most striking finding was cannabis’ apparent impact on opiate reliance: Ninety-one percent of survey respondents reported that they decreased the amount of opiates they were taking or eliminated them altogether," Caston continued.
The study also found while marijuana, opiates, exercise/physical therapy, and NSAIDS all provided noticeable pain relief in more than half the patients, marijuana was the only pain management tool where there were no reports of worsening pain. And half of the patients using opiates reported that they had a negative impact on overall well-being, interfering with mood, energy, sleep, and functional abilities.
More than half of the patients reported using both marijuana and opiates to manage pain. But as noted above, nine out of 10 reduced or eliminated their opiate consumption after beginning to use marijuana. And nearly two-thirds (63%) said they were now off opiates altogether.
Over half of respondents reported that they had used both cannabis and opiates for pain management. Of great interest was the impact of cannabis therapy on opiate usage: Ninety-one percent of this subgroup reported that they used fewer or no opiates after beginning cannabis therapy. Sixty-three percent said that they went off opiates altogether.
"A tenet of healthcare in the United States is 'First, do no harm,'" the study concluded. "Patient reports of cannabis’ efficacy together with its low side effect profile suggest that it should be considered as a first-line treatment for pain and/or as an adjunct treatment to opiates rather than as a medication of last resort."
In other words, if we want to reduce the reliance on opioids, with all their negatives, for the management of pain in an aging population, we should be easing access to medical marijuana. With medical marijuana legal in 25 states, we're halfway there.
President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.
Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.
Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.
New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.
New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.
Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.
Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites.
Chronicle AM: New MA Poll Has Pot Init Winning Handily, Ghana Moves Toward Drug Decrim, More... (11/4/16)
It's just about all pot legalization and medical marijuana initiatives today--oh, and Ghana is moving toward drug decriminalization.
[image:1 align:right caption:true]Marijuana Policy
Another New National Poll Has a Solid Majority for Marijuana Legalization. A new American Values Survey conducted by the Public Religion Research Institute finds that 63% of Americans 18 and over favor freeing the weed. Only three years ago, the survey had support for legalization at only 45%. The poll is in line with other recent national opinion polls that show solid majorities for marijuana legalization.
Former DEA Heads Ask California Governor to Take Stand Against Legalization. Gov. Jerry Brown (D) has yet to take a position on the Prop 64 legalization initiative, and now five former DEA heads are urging him to come out against it. They cited alleged problems with drugged driving and use by teens in Colorado. "Let us at least see if these negative trends continue before taking this plunge," the letter said. "This means that Californians, many of whom will listen to you, should vote against Prop 64. Is it wise social policy to adopt a measure that will substantially increase the numbers of marijuana users, including our youth? The letter was signed by former DEA administrators Robert C. Bonner, Jack Lawn, Karen Tandy, Peter Bensinger and Michele Leonhart.
New Massachusetts Poll Has Legalization With Wide Lead. A new poll from the Western New England University Polling Institute has the Question 4 legalization initiative winning handily with 61% of the vote. Only 34% were opposed. The "yes" vote is up nine points from the group's previous poll at the end of September. The measure had a whopping 81% support among voters under age 40.
Arkansas Supreme Court Rejects Bid to Reinstate Initiative; One Still Remains on the Ballot. The state's high court Thursday denied a petition for a rehearing on its decision to disqualify Issue 7. Another medical marijuana initiative, Issue 6, remains on the ballot.
North Dakota Initiative Campaign Gets Last Minute Cash. North Dakota for Compassionate Care, the group behind the Measure 5 medical marijuana initiative has received an unexpected last-minute donation of $15,000 from Drug Policy Action, the lobbying and campaign arm of the Drug Policy Alliance. The group will use the money for a final advertising push to get their message out to voters ahead of next week's elections.
Ghana Moving Toward Drug Decriminalization. The country is moving to decriminalize drug use as a means of better managing addiction, Deputy Interior Minister James Agalga said Thursday. Under a bill moving through parliament, users would receive clinical care and treatment instead of prosecution and incarceration. "Those who are addicted and under normal circumstances ought to be treated as patients who need care in the hospital," he explained.
Chronicle AM: CA's Prop 64 Glides Toward Victory, AR MedMJ Init Has Voters Evenly Divided, More... (11/3/6)
It's all marijuana news today: the news from California is good on a couple of fronts, so is the news from the Pentagon and the District of Columbia.
[image:1 align:left caption:true]Marijuana Policy
US Military May Ease Up on Marijuana Use By Recruits. Defense Secretary Ash Carter said Tuesday that the Pentagon is undertaking a wide-ranging review of recruiting standards and practices to ensure they are not "unnecessarily restrictive," including a review of rules governing past marijuana use by recruits. Under current policy, a potential recruit can be rejected for testing positive for pot or admitting past habitual marijuana use.
Latest California Poll Has Legalization Initiative Winning Comfortably. In line with all other recent polls, a new USC Dornsife/Los Angeles Times poll has the Prop 64 initiative winning with 58% of the vote. Support was strongest among voters under 30, 74% of whom said they were voting for the initiative. "The electorate has gotten younger and more demographically diverse," said Dan Schnur, director of the poll, reflecting on differences with 2010, when a legalization initiative lost by six points. "The change over the last six years has been more cultural than political. Society feels differently about marijuana legalization now than it did then."
Arkansas Poll Shows Tight Race for Medical Marijuana Initiative. A new University of Arkansas poll shows voters evenly split on the Issue 6 medical marijuana initiative. The poll of likely voters has 49% in favor, with 47% opposed. The poll was conducted before a competing initiative, Issue 7, was disqualified from the ballot by the Supreme Court. Support was similar for Issue 7, with 48% in favor and 45% opposed. Issue 7 will remain on the ballot, but votes for and against it will not be counted.
DC Council Okays Letting Out-of-State Patients Purchase Medical Marijuana. The council has approved a measure to let medical marijuana users from other states use their registration cards to purchase their medicine in the District. The vote was unanimous.
Feds Give Up on Trying to Shut Down Flagship Berkeley Dispensary. The Justice Department has given up on its efforts to shut down the Berkeley Patients Group. The three-year effort came to an end Monday, when federal prosecutors in San Francisco filed a motion to dismiss their civil forfeiture case against the dispensary. City officials had supported the dispensary in its battle with then-US Attorney Melinda Haag. The move is the latest sign the federal government is winding down efforts to go after marijuana businesses in states where they are legal.
Due to a truncated work week, we have a truncated medical marijuana update this week. The Arkansas Supreme Court is playing a key role in initiatives there, and Ohio announces proposed cultivation rules, complete with very high fees.
Last Friday, the state Supreme Court disqualified one initiative, leaving one remaining. Responding to a late legal challenge, the state Supreme Court last week disqualified one of the two medical marijuana initiatives on the ballot—even though the ballots had already been printing and early voting had begun. Issue 7, the Arkansas Medical Cannabis Act, was disqualified; Issue 6, the Arkansas Medical Marijuana Amendment, remains on the ballot. State officials said votes already cast for Issue 7 will not be counted.
On Monday, backers of Issue 7 asked the Surpreme Court to reinstate it. Backers of the Issue 7 medical marijuana initiative are seeking recourse from the state's highest court after that same court last week disqualified it days after early voting began in the state. In a ruling last week, the high court said the campaign had violating state laws regarding reporting and registration of paid canvassers and threw out 12,000 signatures that had been approved by state election officials. But the Issue 7 campaign argues that a 2013 law imposing restrictions on paid canvassers is unfair to smaller groups. The state Supreme Court rarely grants petitions for a rehearing. A competing initiative, Issue 6, remains on the ballot.
On Tuesday, Ohio medical marijuana growers found they would face steep license fees. Under draft rules promulgated by the state Department of Commerce, medical marijuana cultivation licenses would be capped at 18 and would cost a pretty penny. Twelve "Level I" licenses for grows of up to 15,000 square feet will require a $20,000 application fee and a $180,000 license fee, while six "Level II" licenses for grows of up to 1,600 square feet will require a $2,000 application fee and an $18,000 license fee. The Ohio Medical Marijuana Advisory Committee reviewed the plan Tuesday morning, and the full rules were scheduled to be posted to the Ohio Medical Marijuana Control Program website for public comment by Wednesday.