Ballot Measures (STDW)

This Surprising State Could Be the Next to Legalize Marijuana [FEATURE]

Wed, 08/15/2018 - 21:48

Much attention this year has been focused on marijuana legalization efforts in state legislatures, particularly in the northeast and mid-Atlantic states, but unless Albany and Annapolis and Trenton get their acts together in a hurry, they could be upstaged by a prairie upstart: North Dakota.

[image:1 align:left caption:true]North Dakota Secretary of State Al Jaeger announced Monday that a marijuana legalization initiative sponsored by the grassroots group Legalize ND has qualified for the November ballot. The group had handed in more than 17,000 raw signatures last month and needed 13,452 valid voter signatures to qualify. On Monday, Jaeger reported 14,637 signatures were valid.

"The Legalize ND campaign was able to successfully channel the grassroots enthusiasm for recreational marijuana," said Legalize ND chairman David Owen.

Nine states and the District of Columbia have legalized marijuana since 2012, but all of those states have been in the West or the Northeast. This year, with marijuana legalization on the ballot in Michigan as well as North Dakota, legal weed could make a heartland breakthrough.

The North Dakota initiative has some unique features. Here's what it would and wouldn't do:

  • It would legalize marijuana -- in all its forms -- for people 21 and over by removing marijuana, THC, and hashish from the state's controlled substances schedules.
  • It would provide for the expungement of criminal convictions for anyone convicted of a marijuana-related crime that would be legal under the measure.
  • It does not set any limits on how much marijuana people could possess or how many plants they could grow.
  • It does not create a framework for regulated marijuana sales nor does it set any taxes. Creating a system of taxed and regulated marijuana commerce would be up to the state legislature.

It's only been two years since North Dakota voters approved a medical marijuana initiative, and the state Health Department is still in the process of setting up a system for producing and distributing the drug. That same year, marijuana legalization supporters came up short on signatures to get on the ballot, but they persevered, and here we are.

North Dakota is a deep red state -- Donald Trump got more than twice as many votes as Hillary Clinton in 2016 -- but the only poll done so far has the initiative leading. The June poll, commissioned by Legalize ND and conducted by the Florida-based Kitchen Group, had the initiative winning 46 percent to 39 percent, with 15 percent undecided.

That's good but not great news for Legalize ND. Yes, the initiative is leading, but the conventional wisdom among initiative and referendum watchers is that campaigns should be starting off with at least 60 percent support -- the assumption being that inevitable organized opposition is going to eat away at support levels in the final weeks of the campaign.

And there will be organized opposition. The North Dakota Sheriffs and Deputies Association passed a resolution in May opposing legalization and, now that the initiative has made the ballot, is meeting this week to plot strategy to defeat it.

Association president Pat Rummel, the Billings County sheriff, told the Associated Press this week law enforcement worried about potential problems such as impaired driving, more domestic disputes, and more strain on mental health and addiction treatment facilities.

"We don't have enough facilities to take care of these people," he said. "That's going to be a huge impact, too. Where do we put all these people that need to be into treatment?"

The national anti-legalization group Smart Approaches to Marijuana will also join the effort to defeat the initiative, the group's leader, Kevin Sabet, told the AP. "Our nation is dealing with a five-alarm fire of addiction right now; the last thing we need is more states to throw gasoline on it by promoting more drug use," he said.

That's the tenor of the opposition arguments so far. The question is whether North Dakota voters will still be swayed by such arguments. We'll find out in November.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Categories: Ballot Initiatives

Medical Marijuana Update

Wed, 08/15/2018 - 20:54

A new bill in Guam would allow home cultivation, Oklahoma officials still have issues with the voter-approved medical marijuana initiative, and more.

[image:1 align:left]Guam

Guam Bill Would Allow Home Cultivation. Five years after the US territory legalized medical marijuana, access issues have prompted Sen. Louis Muna to file a bill that would allow patients to grow their own at home. The bill got a public hearing Tuesday night, with mostly positive testimony. No word yet on it will get a committee vote.

Michigan

Michigan Lawmakers Call on Governor to Prevent Shutdown of Unlicensed Dispensaries. Temporarily operating dispensaries have permission to stay open until September 15 as they try to obtain state licenses, but a group of state legislators says the state is moving too slowly with licensing and are asking Gov. Rick Snyder (R) to prevent the Bureau of Medical Marijuana Regulation from sending out cease and desist orders to unlicensed businesses on September 16. More than 637 businesses have applied for licenses, but only 16 have been issued so far, and there is only one more licensing board meeting before the deadline. The legislators are calling for the deadline to be extended so patients aren't left in the lurch.

Ohio

Ohio Deadline for Getting Program Up and Running Goes Up in Smoke. The state's medical marijuana program is supposed to be up and running by September 8, but that isn't going to happen. The state Department of Commerce is still selecting businesses that will be issued cultivation licenses. The department says it can issue up to 18 of those licenses before September 8, but that means the first crops won't be ready until November.

Oklahoma

Oklahoma Agencies Still Have "Concerns" Over Legal Medical Marijuana. Interim health commissioner Tom Bates told lawmakers last Wednesday that the Health Board still had concerns about how medical marijuana will be implemented and that a special session of the legislature may be needed to see the program properly implemented. The board wants lawmakers to amend the law so that, among other changes, commercial grows are indoor only, patient home grows are prohibited or require a special license, smokable marijuana is prohibited, THC levels are limited to 12% or less, a pharmacist is required on-site at dispensaries, and that a list of qualifying conditions for patients be created. Some of the changes are among those recommended in the Health Board's first try at setting interim rules, which were retracted in the face of loud public opposition. Any effort to re-adopt them is certain to lead to renewed clamor.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Categories: Ballot Initiatives

Chronicle AM: ND Governor Opposes Pot Initiative, Ohio MedMJ Delays, More... (8/15/18)

Wed, 08/15/2018 - 20:47

The dog days of summer continue with little going on in the world of drug policy. But North Dakota's Republican governor comes out against the legalization initiative, the Ohio medical marijuana program is behind schedule, and more.

[image:1 align:left caption:true]Marijuana Policy

North Dakota Governor Comes Out Against Legalization Initiative. Gov. Doug Burgum (R) has come out in opposition to the Legalize ND marijuana legalization initiative, saying he is against "the full, unfettered legalization of recreational marijuana." He told local media, "I encourage voters to educate themselves on the specific wording and far-reaching implications of all ballot measures. My personal stance against full, unfettered legalization of recreational marijuana has not changed."

Medical Marijuana

Guam Bill Would Allow Home Cultivation. Five years after the US territory legalized medical marijuana, access issues have prompted Sen. Louis Muna to file a bill that would allow patients to grow their own at home. The bill got a public hearing Tuesday night, with mostly positive testimony. No word yet on it will get a committee vote.

Ohio Deadline for Getting Program Up and Running Goes Up in Smoke. The state's medical marijuana program is supposed to be up and running by September 8, but that isn't going to happen. The state Department of Commerce is still selecting businesses that will be issued cultivation licenses. The department says it can issue up to 18 of those licenses before September 8, but that means the first crops won't be ready until November.

Categories: Ballot Initiatives

Chronicle AM: ND MJ Init Makes November Ballot, Colombia to Forcibly Uproot Coca, More... (8/13/18)

Mon, 08/13/2018 - 20:59

North Dakota becomes the second state (after Michigan) to qualify a marijuana legalization initiative this year, Denver's mayor comes around on legal pot, the UN will review marijuana's status under international law, and more.

[image:1 align:left caption:true]Marijuana Policy

North Dakota Legalization Initiative Qualifies for November Ballot. The secretary of state's office announced Monday organizers of a marijuana legalization initiative had handed in enough valid voter signatures to qualify their measure for the November ballot. That makes North Dakota the second state to qualify a legalization initiative for November: Michigan activists did so earlier this year.

Denver Mayor Changes Tune on Legalization. Mayor Michael Hancock campaigned against the state's successful 2012 legalization initiative, but after five years of legal weed, he's singing a different tune. Prompted by a recent report that touted the city's accomplishments with legal marijuana, Hancock now says the city's approach "is working." He noted that the city was the first large city in the country to take on the "daunting challenge" of legalization, "and we are having success."

International

UN Launches First-Ever Full Review Of Marijuana's Status Under International Law. The World Health Organization's (WHO) Expert Committee on Drug Dependence (ECDD) will launch a first-ever in-depth review of whether marijuana is properly scheduled under international drug control treaties. The group held a "pre-review" earlier this year. "A pre-review is the first step of the ECDD's assessment process, where it is determined whether there is enough robust scientific information to proceed to the next step, called a critical review. This initial evaluation is also an opportunity to identify gaps in the available scientific data. A critical review is carried out when there is sufficient scientific evidence to allow the ECDD to make an informed recommendation that the substance be placed under international control, or if its level of control should be changed."

Canada's British Columbia Begins Drug Testing in Provincial Cities. Responding to a large number of opioid overdose deaths in the province, BC Interior Health has begun funding full-time drug testing services in seven cities in the province. The program provides fentanyl testing strips to local service providers.

Colombia's Defense Minister Says Government Will Forcibly Eradicate Coca Crops. Defense Minister Guillermo Botero said last Friday the government has decided to forcibly eradicate coca crops in the country. Former President Juan Manuel Santos had ended forced eradication in a bid to reduce associated violence, but new President Ivan Duque will go ahead despite the potential for violence in a move that is sure to please the United States.

Categories: Ballot Initiatives

Chronicle AM: PA Gov Says State Not Ready for Legal Pot, New FDA Guidelines on MATS, More... (8/9/18)

Thu, 08/09/2018 - 19:37

The FDA has issued new draft guidance aimed at expanding the use of medication-assisted treatments (MATs) for opioid addiction, Pennsylvania's governor says the state isn't ready for legal weed, the Oklahoma medical marijuana fight isn't over yet, and more.

[image:1 align:left caption:true]Marijuana Policy

Pennsylvania Governor Says State Not Ready for Marijuana Legalization. Gov. Tom Wolf (D) said during a radio interview on Tuesday that he doesn't think the state is ready to legalize marijuana. "There are, what, six states that have legalized recreational marijuana in the United States," Wolf said. (The actual number is nine.). "I don't think the citizens of Pennsylvania are ready for it, and so the answer I would say is no… I don't think Pennsylvania's actually ready for recreational marijuana." The position puts Wolf at odds with two neighboring Democratic governors, Phil Murphy of New Jersey, who is strongly pushing legalization, and Andrew Cuomo of New York, who just signed off on the notion.

Los Angeles Won't Vote on Raising Pot Tax in November. The city council has reversed a decision to place a 1% marijuana tax increase on the November ballot. The city estimated it would raise approximately $30 million per year from the tax increase, but faced immediate blowback from industry groups who said pot taxes were already too high and are driving consumers to the black market.

Medical Marijuana

Oklahoma Agencies Still Have "Concerns" Over Legal Medical Marijuana. Interim health commissioner Tom Bates told lawmakers Wednesday that the Health Board still has concerns about how medical marijuana will be implemented and that a special session of the legislature may be needed to see the program properly implemented. The board wants lawmakers to amend the law so that, among other changes, commercial grows are indoor only, patient home grows are prohibited or require a special license, smokable marijuana is prohibited, THC levels are limited to 12% or less, a pharmacist is required on-site at dispensaries, and that a list of qualifying conditions for patients be created. Some of the changes are among those recommended in the Health Board's first try at setting interim rules, which were retracted in the face of loud public opposition. Any effort to re-adopt them is certain to lead to renewed clamor.

Heroin and Prescription Opioids

FDA Seeks to Expand Use of Medication-Assisted Therapies for Addiction. The Food & Drug Administration (FDA) on Monday released new draft guidance aimed at promoting the creation and more widespread use of medication-assisted therapies (MATs) for opioid use disorder. The guidance adjusts how FDA evaluates new treatments for opioid addiction. Instead of only determining whether a treatment lowers opioid use, the agency will now assess whether the medication could help lower overdose rates and limit the spread of infectious disease. "We must consider new ways to gauge success beyond simply whether a patient in recovery has stopped using opioids, such as reducing relapse overdoses and infectious disease transmission," said Scott Gottlieb, FDA commissioner.

Categories: Ballot Initiatives

Medical Marijuana Update

Wed, 08/08/2018 - 21:03

Show Me State voters will vote on three different medical marijuana initiatives, Oklahoma finally gets some livable temporary medical marijuana rules, and more.

[image:1 align:left]Illinois

Illinois Governor Signs Bill Allowing Medical Marijuana Administration in Schools. Gov. Bruce Rauner (R) has signed into law a bill that requires public schools to allow the parents of sick children to administer medical marijuana to them at school. The law allows parents to administer "cannabis-infused products" if both the child and the parents have been approved under the state's medical marijuana law.

Missouri

Missouri Will Vote on Not One, Not Two, But Three Medical Marijuana Initiatives. The secretary of state's office last Thursday certified three different medical marijuana initiatives for the November ballot. There is a constitutional amendment from New Approach Missouri, as well as a constitutional amendment from Find the Cures and an easier to amend statutory initiative from Lowell Pearson, a Jefferson City attorney.

Ohio

Ohio Awards First Medical Marijuana Processing Licenses. The state Department of Commerce last Friday issued seven provisional licenses to aspiring medical marijuana processors. This is just the first round of licensing for processors; the state could license up to 40 such operations.

Oklahoma

Oklahoma Health Board Approves New Medical Marijuana Rules. The Board of Health last Wednesday adopted new rules to govern the state's medical marijuana system. The new rules amend or totally revoke the original proposed rules, which included a ban on the sale of smokeable marijuana, a requirement that a pharmacist be present at dispensaries, and a requirement that women of childbearing age take a pregnancy test before using medical marijuana. Also gone are guidelines that limited THC levels.

Oklahoma Governor Signs Revised Emergency Rules for Medical Marijuana. Gov. Mary Fallin (R) on Monday signed a revised set of emergency regulations to govern medical marijuana use in the state. The first attempt at emergency rules blew up in Fallin's and the state Health Department's face, being widely criticized for provisions banning the sale of medical marijuana, requiring a pharmacist to be present in dispensaries, and requiring that women "of child-bearing age" undergo a pregnancy test. None of those provisions remain in the new rules, which Fallin called "very basic" and a good basis for developing a comprehensive regulatory regime.

Pennsylvania

Pennsylvania Dispensaries Now Offering Buds. For the first time since state-legal medical marijuana dispensaries opened their doors in the state, patients can buy dried flowers from plants grown under the legal system. At least 16 dispensaries in the state were offering buds as of last Wednesday, with more certain to follow as harvest season looms. But under state law, the buds cannot be smoked -- only vaped.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Categories: Ballot Initiatives

Chronicle AM: Colombia's New President Vows Drug Crackdown, ND Pot Init Lives, More... (8/8/18)

Wed, 08/08/2018 - 20:40

The Northern Mariana Islands could be the first US territory to legalize weed, a North Dakota legalization initiative looks like it will probably make the ballot, Colombia's new president vows to resort to old prohibitionist drug war policies, and more.

[image:1 align:right caption:true]Marijuana Policy

Marijuana Legalization Bill Passes Northern Mariana Islands House. The Northern Marianas Islands House of Representatives on Wednesday approved a marijuana legalization bill, House Bill 20-178, on an 18-1-1 vote. The bill legalizes the use of marijuana for medicinal purposes, but also for adult use. People can possess up to an ounce and grow a limited number of plants, and the bill creates a regime for legal, regulated, and taxed production and sales. It now goes before the territory's Senate. If it passes, the Northern Marianas would be the first US territory to legalize marijuana.

North Dakota Legalization Initiative Likely to Make Ballot, State Officials Say. State election officials have told Marijuana Moment that the organizers of a marijuana legalization initiative have very likely come up with enough valid voter signatures to qualify for the November ballot. The group, LegalizeND, submitted about 18,700 raw signatures; it needs 13,452 valid voter signatures to qualify. The elections office is currently finishing the signature verification process and will announce on August 13 whether the measure qualified.

Congressional Bar on DC Regulated Sales Leading to Distribution Arrest Surge, Report Finds. More than 900 people were arrested for marijuana offenses in the nation's capital last year, a jump of 37% over 2016 figures, according to new data from the DC Metro Police. Pot arrests bottomed out at 323 in 2015, the first full year of legalization. Prior to legalization, the vast majority of arrests were for possession, but since then, distribution and possession with intent to distribute account for the majority of pot arrests. Analysts pointed to the congressional bar against the District allowing legal, regulated sales as being behind both the overall jump in arrests and the increasing percentage of sales and possession with intent arrests.

International

Colombia's New President Takes Office, Vows Drug Crackdown. Ivan Duque, a conservative ally of former President Alvaro Uribe, was installed as president Tuesday. He immediately pointed to the expansion of coca production, corruption, and the violence of drug trafficking groups as problems he will address. "The time has come for us to unite to confront all illegalities," including drug trafficking and production, he said. "We will be effective in the eradication and substitution of illegal crops, accompanied by productive opportunities" for farmers and a crackdown on drug traffickers, Duque promised. "Building peace, Colombians, means to defeat the drug cartels," he said.

Categories: Ballot Initiatives

Chronicle AM: OK Legalization Init Looks Less Likely, Ted Cruz Attack Backfires, More... (8/7/18)

Tue, 08/07/2018 - 20:24

The Oklahoma marijuana legalization initiative has far fewer signatures than organizers claimed last week, marijuana is seeping into congressional and senatorial campaigns, and more.

[image:1 align:left caption:true]Marijuana Policy

Ted Cruz Attack Ads Backfire as Beto O'Rourke Has Huge Fundraising Weekend. Incumbent Sen. Ted Cruz (R) last Friday released a trio of ads attacking Democratic challenger Rep. Beto O'Rourke, including one that claimed O'Rourke said "we should consider legalizing all narcotics, including heroin." O'Rourke supports marijuana legalization and, as an El Paso city council member, called in 2009 for a discussion about ending the drug war, including drug legalization, which is distinct from endorsing drug legalization. In the wake of the Cruz attack ads, though, O'Rourke reported raising $1.2 million over the weekend from some 39,000 grassroots contributions.

Oklahoma Legalization Initiative Looks Less Likely. Last week, Green the Vote, the group behind the State Question 797 legalization initiative, claimed it had more than 132,000 raw signatures -- slightly more than the number of valid voter signatures needed to qualify for the November ballot -- but the group admitted Tuesday morning that the actual raw signature count was actually around 75,000. The deadline for handing in signatures is Wednesday. "I've been working 24 hours a day to bring in those signatures to try to make up for it so that I wouldn't be letting you down, and I understand I have let you down," Green the Vote's Isaac Caviness said. "No matter what -- if we have the signatures, if we don't have the signatures -- I have let you down, and I accept that."

Wisconsin US Rep. Sean Duffy Slams Democratic Opponents Over Marijuana Legalization. Incumbent Rep. Sean Duffy (R-WI) is attempting to use support for marijuana law reform as a cudgel with which to attack his Democratic opponents. Both 7th District Democratic primary contenders, Margaret Engebretson and Brian Ewart, have come out in support of marijuana legalization. When asked about his reaction, Duffy responded thusly: "I'm the father of eight kids and as a former prosecutor and now a congressman, I see what's happening in America with a drug epidemic, from opioids to meth to heroin. I think marijuana is a gateway drug to these other drugs," Duffy said.

Medical Marijuana

Oklahoma Governor Signs Revised Emergency Rules for Medical Marijuana. Gov. Mary Fallin (R) on Monday signed a revised set of emergency regulations to govern medical marijuana use in the state. The first attempt at emergency rules blew up in Fallin's and the state Health Department's face, being widely criticized for provisions banning the sale of medical marijuana, requiring a pharmacist to be present in dispensaries, and requiring that women "of child-bearing age" undergo a pregnancy test. None of those provisions remain in the new rules, which Fallin called "very basic" and a good basis for developing a comprehensive regulatory regime.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Ballot Initiatives

Chronicle AM: Three MO MedMJ Inits Qualify for Ballot, House Panel Queries Big Pharma, More.... (8/3/18)

Fri, 08/03/2018 - 20:26

Oregon's US Attorney fires a warning shot over pot, three different Missouri medical marijuana initiatives qualify for the November ballot, a House panel wants answers on opioids from three big pharmaceutical companies, and more.

[image:1 align:left caption:true]Marijuana Policy

Oregon US Attorney Says Marijuana Industry There Is Out of Control. Oregon US Attorney Billy J. Williams fired a warning shot across the bow of the state's pot industry on Thursday. Responding to a High-Intensity Drug Trafficking Area (HIDTA) report this week that accused the state's marijuana growers of overproduction, Williams minced few words: "The recent HIDTA Insight Report on marijuana production, distribution, and consumption in Oregon confirms what we already know -- it is out of control," he said. "The industry's considerable and negative impacts on land use, water, and underage consumption must be addressed immediately. State officials should respond quickly and in a comprehensive manner to address the many concerns raised by this assessment," said Williams. "To date, we've seen insufficient progress from our state officials. We are alarmed by revelations from industry representatives, landowners, and law enforcement partners describing the insufficient and underfunded regulatory and enforcement structure governing both recreational and medical use. A weakly-regulated industry will continue to detract from the livability and health of communities throughout the state."

Medical Marijuana

Illinois Governor Signs Bill Allowing Medical Marijuana Administration in Schools. Gov. Bruce Rauner (R) has signed into law a bill that requires public schools to allow the parents of sick children to administer medical marijuana to them at school. The law allows parents to administer "cannabis-infused products" if both the child and the parents have been approved under the state's medical marijuana law.

Missouri Will Vote on Not One, Not Two, But Three Medical Marijuana Initiatives. The secretary of state's office on Thursday certified three different medical marijuana initiatives for the November ballot. There is a constitutional amendment from New Approach Missouri, as well as a constitutional amendment from Find the Cures and an easier to amend statutory initiative from Lowell Pearson, a Jefferson City attorney.

Oklahoma Health Board Approves New Medical Marijuana Rules. The Board of Health on Wednesday adopted new rules to govern the state's medical marijuana system. The new rules amend or totally revoke the original proposed rules, which included a ban on the sale of smokeable marijuana, a requirement that a pharmacist be present at dispensaries, and a requirement that women of childbearing age take a pregnancy test before using medical marijuana. Also gone are guidelines that limited THC levels.

Heroin and Prescription Opioids

House Panel Presses Drug Companies on Opioid Crisis. The leaders of the House Energy and Commerce Committee have sent letters to three companies that manufacture opioids requesting they appear before the committee to answer questions about how they marketed opioids and whether they ignored evidence of abuse of their products. The companies are Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Purdue Pharma. The letters make no mention of ensuring that chronic pain patients continue to receive adequate supplies of opioids.

Categories: Ballot Initiatives

Why Marijuana Will Play a Major Role in the Next Two National Elections [FEATURE]

Thu, 08/02/2018 - 03:41

Last week, the San Jose Convention Center hosted the National Cannabis Industry Association's (NCIA) 2018 Cannabis Business Summit and Expo. More than 7,000 marijuana industry players and hopefuls crammed into exhibition halls and conference rooms for the three-day confab, located squarely in the heart of the world's largest legal marijuana market -- California.

[image:1 align:left]The variety of stuff on display was mind-boggling: Armored cars, safes, "California compliant" marijuana delivery vans, multi-thousand-dollar extraction devices of gleaming metal and shining glass, lighting systems, cooling systems, myriad forms of packaging, business management systems, POS systems, cannabis industry talent headhunters, greenhouses, modular grow fixtures, insurance companies, law firms, real estate firms -- vegan CBD gummies -- and much, much more. And while a few tie-dyes could be spotted in the crowds, they were few and far between.

While for most attendees the expo was all about business, the legal marijuana business still has to ponder the specter of federal marijuana prohibition actually being enforced. And even at the state level -- where the industry can make money -- it is still constrained by the annoying fact that adult use marijuana is only legal in nine states and the District of Columbia. One panel of experienced marijuana watchers zoomed in on the politics of pot law reform to try to divine what the near future holds -- not so much for the industry, but in terms of consolidating the political victories that have already seen marijuana move from the back alleys to, well, shiny big city convention centers.

The discussion among panelists NCIA director of governmental relations Mike Correia; Jolene Forman, staff attorney for the Drug Policy Alliance; and John Hudak, deputy director of the Center for Effective Public Management and a senior fellow in governance studies at the Brookings Institute, covered a variety of topics and sketched the outlines of what pot politics could look like and achieve between now and the 2020 elections.

Federal Legislation

DPA attorney Forman pointed to three pieces of federal marijuana legislation:

  • The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, S. 3032, sponsored by Sen. Elizabeth Warren (D-MA) with five Republican and four Democratic cosponsors. The bill would modify the Controlled Substances Act so that it would not apply to people acting in compliance with state laws in states where it is legal.
  • The Marijuana Freedom and Opportunity Act, S. 3174, sponsored by Senate Minority Leader Chuck Schumer (D-NY). The bill would federally decriminalize marijuana by removing it from Schedule I of the Controlled Substances Act.
  • The Marijuana Justice Act, S. 1689, sponsored by Sen. Cory Booker (D-NJ) and cosponsored by a virtual who's who of Democratic 2020 presidential contenders, including Sens. Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Bernie Sanders (I-VT), and Elizabeth Warren (D-MA). It would remove marijuana from Schedule I of the Controlled Substance Act and eliminate federal criminal penalties for marijuana commerce.

While both the Schumer bill and the Booker bill would decriminalize marijuana, the STATES Act, which would only apply in places it's already legal, is more likely to gain traction, said Forman, a position seconded by Correia.

"The STATES Act is most likely to move," said Correia, who spends his days haunting the corridors of power on Capitol Hill as he lobbies for the industry. "Congress is incremental."

Movement could come faster if Democrats take the House or Senate, he said. "Maybe the Democrats will be more aggressive," Correia suggested, drawing a comparison with movement on gay and lesbian issues in recent years.

Not so fast, said Hudak, noting that key congressional committee chairs have bottled up marijuana bills so far. "Until both parties stop putting in foes of reform in leadership positions, there will be no progress," he said. "And it's not just the GOP." (Until a few months ago he might have been referring to Sen. Dianne Feinstein, who represents the world's largest legal pot market but who only dropped her opposition to legalization last May in the face of a primary challenge and is only beginning to shed last century's prohibitionist ideology.)

There is no reason for Democrats to put enemies of reform in leadership positions, Hudak said. "Cannabis is already a Democratic core value."

"Marijuana legalization could pass Congress right now," Correia argued, "but it doesn't get any hearings; it doesn't get any votes."

If Congress Fails to Act

DPA's Forman explained that while it is now clear that states have the right to not criminalize marijuana and not enforce federal prohibition, a hostile Justice Department could still potentially wreak havoc.

"What is untested in the courts is whether federal preemption could block regulation," she said. In other words, it's possible that the Justice Department could blow up states' ability to tax and regulate the industry.

Forman noted that medical marijuana states are currently protected from Justice Department interference by the repeated passage of amendments to spending bills blocking the DOJ from using its funds to go after medical marijuana where it is legal.

"We need the same for adult use," she said.

Without legislation protecting marijuana, "the executive branch can do things, it could be more aggressive," said Hudak. But he added that doing so would have a price. "That could affect the department's working relationship with the states," he warned.

Correia thought Justice Department meddling was unlikely, despite Jeff Sessions' druthers. "It makes zero sense politically to interfere," he argued, pointing to marijuana's popularity in opinion polls.

Hudak pointed out a possible flip side to a hostile executive power. "A reform-minded president could do a lot," he said, perhaps thinking of the Obama administration's Cole memo laying out how federal prosecutors would lay off legal marijuana in the states. Despite Sessions having nullified the Cole memo, it still seems to be largely the approach of the land.

The 2018 Midterms

"This is an exciting year for cannabis policy politics," said Hudak, pointing to the example of Texas, where progressive Democratic challenger and legalization advocate Rep. Beto O'Rourke is closing in on incumbent Sen. Ted Cruz (R).

"Beto is getting close to Cruz, and the whole time, he's screaming about his support for cannabis reform. That's transformational," he said. "Politicians lag behind; they've been terrified of this issue. Now it's politically beneficial. If you're against cannabis, the best thing to do is shut up about it. Nobody is with you."

It's still an uphill battle in Texas, though. Cruz is leading O'Rourke by 8.4 points in the Real Clear Politics average of polls. But that's only half as much as Cruz's 16-point victory in his 2012 Senate race, and O'Rourke has three more months to move up. And just today, a new Texas Lyceum poll had Cruz leading only 41% to 39%, well within the poll's margin of error.

According to Correia, trying to work with Republicans on Capitol Hill has led to lessons learned: "We see no point in trying to work with the GOP any longer," he said. "We'll be giving money to challengers in competitive races. The Democrats are thinking about this; they will run on marijuana."

The 2020 Election

It looks like marijuana is going to be a popular issue in 2020 -- or at least the people thinking about running for the Democratic presidential nomination seem to think so.

"Potential Democratic candidates are getting their names on big pot bills," Forman noted.

Marijuana is also likely to be on state ballots in 2020, and that will be good for Democrats, said Hudak.

"There will be more initiatives, and those drive Democratic turnout," he argued. "In 2012, Democrats in Colorado voted for cannabis -- and for president, too. Democratic politicians are seeing this."

But Correia said the current president could be a wild card here (as in so many other places): "Trump might just decide to steal the issue, to take it off the table."

Given that Trump has signaled support for the STATES Act, and given Trump's willingness to adopt any position if he thinks it brings him political gain, that's not impossible. And it would take some immeasurable oomph out of Democratic sails.

The Next States to Legalize

Michigan will vote on a legalization initiative in November, and there will be efforts in Arizona and Ohio in 2020, the panelists said. But grassroots initiatives could also bubble up in places like North Dakota and Oklahoma, both of which saw serious efforts this year that will almost certainly not make the November ballot but do lay the groundwork for the next cycle.

Vermont became the first state to free the weed via the legislative process (although it does not allow retail sales), but Correia sketched out how the next couple of years could see Connecticut, Delaware, Illinois, Maryland, New Jersey, New York, and Rhode Island fall in line behind it. By the time November 2020 rolls around, most of New England and the mid-Atlantic states could be legal, with Illinois and Michigan creating a major toehold in the heart of the Midwest.

When it comes to marijuana policy and ending pot prohibition, it looks to be a very interesting and fruitful next couple of years.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Ballot Initiatives

Medical Marijuana Update

Wed, 08/01/2018 - 20:46

Medical marijuana policy had a slow week, but the fight over Oklahoma's new voter-approved medical marijuana law continued, and Detroit set some regulations.

[image:1 align:left]Michigan

Detroit City Council Votes to Cap Dispensary Numbers. The city council voted Tuesday night to limit the number of dispensaries that can operate in the city to 75. The measure also regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana and imposes limitations on the size, location, and operations of medical marijuana businesses.

Oklahoma

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Oklahoma Health Board Considering New Rules for Medical Marijuana. The state Board of Health is meeting Wednesday to try once again to come up with regulations for the state's voter-approved medical marijuana program. The revised guidelines now eliminate a ban on the sale of smokable marijuana and a requirement that a pharmacist be present in every dispensary. The new rules also drop the requirement that women of child-bearing age take a pregnancy test before using medical marijuana.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Categories: Ballot Initiatives

Chronicle AM: Feds Cracking Down on Fentanyl OD Deaths, OK Revises MedMJ Rules, More... (7/30/18)

Mon, 07/30/2018 - 20:59

A bill to protect marijuana-using federal workers in states where it is legal is filed, federal prosecutors are going hard after dealers linked to fatal fentanyl overdoses, the Republic of Georgia ends administrative punishments for marijuana use, and more.

[image:1 align:left caption:true]Marijuana Policy

New Federal Bill Would Block Federal Government from Firing Workers for Positive Pot Test Results in States Where It Is Legal. US Reps. Charlie Crist (D-FL) and Drew Ferguson (R-GA) filed the "Fairness in Drug Testing Under State Law Act" last Thursday. The bill would protect federal workers from being fired for testing positive for marijuana if they reside "in a state where that individual's private use of marijuana is not prohibited." The bill is not yet available on the congressional website.

Oklahoma Legalization Initiative Campaign in Final Days of Signature-Gathering. Green the Vote announced Sunday that it now has more than 132,000 raw signatures aimed at earning a place on the ballot for its legalization initiative, State Question 797. The group needs about 124,000 valid voter signatures and has until August 8 to hand in more signatures. The rule of thumb is that 20% to 30% of raw signatures may be found invalid, meaning Green the Vote can't really rest easy until it has around 180,000 raw signatures. Even if the group comes up with enough valid signatures, it would still face timeline to being approved for the November ballot because it is bumping up against deadlines for getting the measure approved by the governor and the state supreme court.

Medical Marijuana

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Asset Forfeiture

Coalition of Public Policy Groups Calls on House to Limit Civil Asset Forfeiture. A broad coalition of public policy organizations last Thursday submitted a letter to the US House of Representatives, urging members of Congress to limit civil asset forfeiture through amendments to the Commerce, Justice, Science, and Related Industries (CJS) appropriations bill. "Current law allows law enforcement to confiscate property from innocent Americans without charging anyone with a crime," the letter says. "When citizens object, they encounter a system that is stacked against them procedurally and that treats them as presumptively guilty. This unpopular practice, known as civil forfeiture, is an affront to property rights and civil liberties and must be banned or reformed as soon as possible, but the immediate priority should be to amend the CJS appropriations bill when it is considered in the House of Representatives in order to roll back the Department of Justice's unjustified expansion of this practice. Click on the link to a see a list of the signatory groups.

Heroin and Prescription Opioids

The Feds Are Prosecuting Fentanyl Overdose Deaths as Homicides in Crackdown on Opioid Dealers. Federal prosecutors are increasingly treating fentanyl overdose deaths as homicides as they crack down by punishing opioid dealers with ever more severe prison sentences. They are using charges that carry lengthy mandatory minimum sentences. In one case, a dealer charged with distributing fentanyl that resulted in the overdose of a New Hampshire man got a 20-year mandatory minimum sentence. Federal fentanyl prosecutions have nearly tripled, with 51 cases in FY 2016 to 181 in FY 2017. Last year, 95 people nationwide received federal prison sentences for distributing drugs resulting in death or serious injury, nearly double the number in 2014, according to the US Sentencing Commission.

International

Georgia Constitutional Court Outlaws All Punishment for Marijuana Consumption. The Constitutional Court ruled Monday that people can no longer be hit with administrative punishments, such as fines, for using marijuana. The decision goes into effect immediately and comes eight months after the same court abolished criminal penalties for marijuana use. Using marijuana is "an action protected by the right to a person's free development," the court held. Cultivation and distribution of marijuana remain criminal offenses.

Categories: Ballot Initiatives

Medical Marijuana Update

Wed, 07/25/2018 - 21:51

Michigan's Court of Appeals issues a strange ruling and the fight over what Oklahoma's medical marijuana program will look like continues.

[image:1 align:left]Michigan

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said last Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced last Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana. "Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Categories: Ballot Initiatives

Chronicle AM: Federal State-Legal Pot Reporting Bill Filed, Mexico Killings Still Rising, More... (7/24/18)

Tue, 07/24/2018 - 20:54

Prospects look iffy for a pair of Oklahoma marijuana initiatives, a federal bill requiring reporting on the impact of state-level legalization is filed, Canada's pot arrests shrink, Mexico's murders increase, and more.

[image:1 align:right]Marijuana Policy

Federal Bill to Require Report on State-Level Legalization Filed. Led by Rep. Tulsi Gabbard (D-HI), a bipartisan group of representatives on Tuesday filed the Marijuana Data Collection Act, which would direct the Department of Health and Human Services to work with other agencies to study "the effects of state legalized marijuana programs on the economy, public health, criminal justice, and employment." The measure has not yet been assigned a bill number.

Oklahoma Marijuana Initiatives Unlikely to Qualify in Time for November Ballot. Proponents of a pair of initiatives, State Question 796 to legalize medical marijuana via a constitutional amendment, and State Question 797 to do the same for recreational marijuana are up against a ticking clock and will likely not be able to get the measures on the ballot this year. Secretary of State James Williamson said Monday. Circulators have until August 8 to hand in signatures, but under state law, the initiatives must be approved no fewer than 70 days before the November election. It normally takes the state about 60 days to verify signatures, and that August 8 deadline means there are only 69 days before the election. Also, any challenges to the initiatives could delay them even further. If they don't make the November ballot, a special election is unlikely and they would then appear on the November 2020 ballot.

Medical Marijuana

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokeable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

International

Canada Pot Arrests Drop to Record Low. The number of people charged with marijuana offenses has dropped to the lowest level this century. The 13,800 arrests in 2017 were less than half the 28,000 people arrested in 2011. Police said the reason was twofold: Police have been concentrating on the opioid crisis, and, as legalization nears, they have been exercising their discretion and not bothering to arrest people for pot anymore.

Mexico Murders Increased 16% in First Half of This Year. There were some 15,973 murders in Mexico in the first half of 2018, up from 13,751 during the same period last year. The number is the highest since comprehensive records began being kept in 1997. Still, the curve may be flattening out, analysts said, noting that the first half of 2018 saw only a 4% increase over the last half of 2017. But still&hellip<>

Categories: Ballot Initiatives

Chronicle AM: No Marijuana "Gifting" for Vermont Businesses, Duterte Vows More Drug War, More... (7/23/18)

Mon, 07/23/2018 - 19:33

Attorneys General in New Jersey and Vermont lay down the law on pot, Oklahomans rally against restrictive medical marijuana rules, Filipino President Duterte vows more drug war, and more.

[image:1 align:left caption:true]Marijuana Policy

New Jersey Attorney General Says Jersey City Can't Decriminalize. State Attorney General Gurbir Grewal said last Friday that Jersey City doesn't have the power to decriminalize marijuana. The move came a day after the city decriminalized possession by decree. Grewal wrote that his office "takes no position" on marijuana legalization or decriminalization, "rather, I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal writes. "Accordingly, I am instructing you that your memorandum is void and has no effect."

Vermont Attorney General Rules That Businesses Can't "Give" Marijuana in Connection with Other Purchases. State Attorney General T.J. Donovan provided guidance Monday to clarify that trying to get around the state's no marijuana sales legalization law by providing pot as a "gift" when purchasing some other item remains illegal. The move came after some Burlington businesses began a delivery service that "gifted" marijuana with the purchase of a courier service. They had argued that they were operating under a loophole in the law, but Donovan disagreed.

Medical Marijuana

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

International

British Poll Finds First Majority for Marijuana Legalization. For the first time, a public opinion in the United Kingdom shows a majority in favor of marijuana legalization. A new BMG Research poll had 22% strongly supporting legalization and another 29% somewhat supporting legalization, bringing total support to 51%. Some 35% were opposed, and 14% had no opinion. A second question regarding decriminalization yielded a similar 52% approval.

Mexican Opium Growers Ask AMLO to Legalize Cultivation. A group of community leaders from the poppy-producing region of Guerrero state has appealed to president-elect Andres Manuel Lopez Obrador (AMLO) to legalize the cultivation of opium poppies for use in the manufacture of legal pharmaceutical drugs. "As a priority, we are seeking the legalization of the cultivation of poppies for medicinal purposes so that farmers in the Sierra are no longer criminalized," Arturo López Torres, a member of a local union that advocates for economic and social development, told the newspaper El Universal. The growers also want AMLO to clarify whether poppy farmers who have been jailed for growing the crop would qualify under the government's proposed amnesty law.

Philippines' Duterte Vows to Continue "Relentless and Chilling" Drug War. Philippine President Rodrigo Duterte on Monday vowed to continue his bloody war on drugs, telling a joint session of Congress the fight would be as "relentless and chilling" as it has been during his first two years in power, which have seen thousands of people killed. He also took a swipe at critics, saying "your concern is human rights, mine is human lives." But not, apparently, the lives of accused drug users or sellers.

Categories: Ballot Initiatives

Medical Marijuana Update

Wed, 07/18/2018 - 19:46

A medical marijuana battle royale is raging in Oklahoma, New York will allow medical marijuana as an opioid replacement, and more.

[image:1 align:left]Hawaii

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Ohio

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement.

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocate Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Categories: Ballot Initiatives

Chronicle AM: MX Minister Talks Legalizing Drugs, BC Nurses in Canada Decrim Call, More... (7/18/18)

Wed, 07/18/2018 - 19:20

BC nurses talk drug decriminalization, a Mexican minister talks drug legalization, House Republicans on a key committee once again block House votes on marijuana amendments, and more.

[image:1 align:right caption:true]Marijuana Policy

House Rules Committee Once Again Blocks Marijuana Reform Votes. The Rules Committee, chaired by Rep. Pete Sessions (R-TX), has once again blocked marijuana reform amendments from being voted on by the full House. On Monday night, the committee blocked votes on two amendments, bringing the total of amendments it has blocked to 36 in this session.

Arizona Federal Prosecutors Now Charging Marijuana Smugglers With Illegal Entry, Too. Federal prosecutors in Arizona have announced a policy shift in which they will now charge the hundreds of people caught each year smuggling marijuana across the border with immigration violations as well as drug charges. Under the new policy, prosecutors will now seek six-month sentences for misdemeanor illegal entry as well as six-month sentences for marijuana violations. While the sentences would run concurrently, a conviction for crossing the border illegally could be used as a sentencing enhancement in future convictions.

Medical Marijuana

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

International

British Columbia Nurses Join Call for Canada Drug Decriminalization. The BC Nurses Union said in a press release Tuesday that the federal government should declare the opioid crisis a national public health emergency and that the possession of personal amounts of opioids should be decriminalized. The move comes just days after the Toronto board of health made a similar call.

Mexico Will Consider Drug Legalization, Interior Minister Says. Interior Minister Olga Sanchez Cordero said Tuesday that that incoming President Andres Manuel Lopez Obrador (AMLO) had given her "carte blanche" to consider legalizing drugs. "On the subject of decriminalizing drugs, Andres Manuel told me, and I quote: 'Carte blanche. Whatever is necessary to restore peace in this country. Let's open up the debate,'" Sanchez Cordero said. She pointed to the bloody violence of the past decade: "What no one can deny with hard data is that, at least in the past ten years, the Mexican government has been incapable of stopping violence and responding to it with institutional mechanisms," she said.

Categories: Ballot Initiatives

Chronicle AM: OK Medical Marijuana Muddle, Toronto Health Board Says Decriminalize, More... (7/17/18)

Tue, 07/17/2018 - 20:53

The uproar in Oklahoma grows louder after the state health board messes with the medical marijuana initiative, Toronto's health board endorses drug decriminalization, and more.

[image:1 align:left caption:true]Medical Marijuana

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Drug Testing

Massachusetts High Court Holds Judges Can Require Drug Users to Remain Drug-Free. The state's Supreme Judicial Court ruled Monday that a judge can require a drug user to stay drug-free as a condition of probation. The case involved Julie Eldred, who was on probation for a larceny charge when she was jailed for failing a drug test. Her attorney argued that her relapse was a symptom of her disease of addiction and that it was unconstitutional to punish someone for a medical condition. But the court disagreed: "In appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug-free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug."

International

Toronto Public Health Board Calls for Drug Decriminalization. The health board in Canada's largest city has called on the federal government to decriminalize all drugs. The board voted unanimously Monday to endorse the recommendation from the city's top health officer, Dr. Eileen de Villa. "The potential harms associated with any of these drugs is worsened when people are pushed into a position where they have to produce, obtain and consume those drugs illegally, so that's what we're trying to address," de Villa said, with a call for a "public health approach" focused on treatment and harm minimization rather police, courts and jail. Officials in Vancouver have also called for drug decriminalization, but the federal government of Prime Minister Justin Trudeau hasn't shown any appetite for it.

Categories: Ballot Initiatives

Chronicle AM: NY State Report Calls for Marijuana Legalization, DOJ Fentanyl Crackdown, More... (7/13/18)

Fri, 07/13/2018 - 21:22

Wine and liquor wholesalers endorse legalizing marijuana "like alcohol," a New York state report calls for marijuana legalization, Attorney General Sessions announces a crackdown on fentanyl, and more.

[image:1 align:left caption:true]Marijuana Policy

Wine and Liquor Wholesalers Endorses Marijuana Legalization If Regulated Like Alcohol. The Wine & Spirits Wholesalers of America (WSWA) trade group is is urging Congress to pass legislation that adopts a number of regulatory components for cannabis that are similar to those for beverage alcohol. They include a minimum purchase age of 21; driving under the influence standards; licensing for producers, processors, distributors, and retailers; policies to prevent vertical monopoly/integration; hours and days of sale in parity with alcohol; tax collection and enforcement mechanisms; labeling requirements; advertising restrictions; product tracking; restrictions on common carrier delivery; and measures to prevent diversion of cannabis to other states.

New York Governor Releases Report Recommending New York State Legalize Marijuana for Adult Use. Governor Andrew Cuomo (D) and the New York State Department of Health released an impact assessment of marijuana legalization. The report concludes that the benefits of taxing and regulating marijuana far outweigh any potential negative consequences. The study was commissioned by Governor Cuomo and announced in his address on the executive budget proposal.

Medical Marijuana

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

Heroin and Prescription Opioids

Justice Department Will Target Ten Areas in Crackdown on Fentanyl. In a move right out of last century's war on drugs playbook, Attorney General Jeff Sessions announced Thursday that he has ordered federal prosecutors in ten areas to bring federal drug dealing charges against anyone suspected of dealing fentanyl, no matter how small the quantity. An additional assistant US attorney will also be sent to each of the designated areas in New Hampshire, Ohio, Tennessee, Kentucky, West Virginia, Maine, and California.

Categories: Ballot Initiatives

Chronicle AM: Oklahoma Legalization Init, New DEA Opioid Regs, Sri Lanka to Hang Drug Dealers, More... (7/11/18)

Wed, 07/11/2018 - 19:49

An Oklahoma marijuana legalization initiative is in the midst of signature gathering, the DEA announces new regulations aimed at the opioid crisis, Sri Lanka cites the Philippines' "success" as it moves to resume hanging drug offenders, and more.

[image:1 align:right]Marijuana Policy

Oklahoma Legalization Initiative Has a Month Left to Meet Signature Requirement. A marijuana legalization initiative, State Question 797, has until August 8 to gather enough signatures to qualify for the November ballot. Organizers need 123,724 valid voter signatures to qualify, and have gathered more than 80,000 in two months of canvassing. To have a safe cushion, organizers need to roughly double their signature count in the remaining weeks.

Medical Marijuana

Arkansas Issues Cultivator Licenses. The state Medical Marijuana Commission has awarded cultivation licenses to five medical marijuana businesses. The move comes after an injunction blocking the move was lifted. Another 90 potential medical marijuana businesses were out of luck, but the commission will keep their applications on hand in case one of the five awarded licenses is revoked or if the commission decides to award the three additional licenses it could issue.

Oklahoma Approves Emergency Rules for Medical Marijuana, Bans Sale of Smokable Medicine. The state Board of Health on Tuesday approved a proposed draft of emergency rules for the state's new medical marijuana program, but also voted to prohibit the sale of smokable marijuana at dispensaries. Licensed medical marijuana patients could still smoke it if they grew their own.

Heroin and Prescription Opioids

Department of Justice Announces Regulatory Steps to Address Opioid Epidemic. The Department of Justice announced new guidelines that it says will enable the DEA to clamp down on diversion of prescription opioids. The announcement doesn't address whether patients who need the drugs for pain will still be able to get them:

 

"The Department of Justice today announced the finalization of an April proposal to improve the Drug Enforcement Administration's ability to control the diversion of dangerous drugs in the midst of the national opioid crisis. Announced in April by Attorney General Jeff Sessions, the final rule sent for publication today in the Federal Register establishes that DEA will take into consideration the extent that a drug is diverted for abuse when it sets its annual opioid production limits," the DEA said in a press release Tuesday. "If DEA believes that that a particular opioid or a particular company's opioids are being diverted for misuse, this allows DEA to reduce the amount that can be produced in a given year. These revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potentially addictive drugs while ensuring that the country has enough opioids for genuine medical, scientific, research and industrial needs."

 

International

Philippines Wants to Drug Test All High School, College Students. In what is actually a retreat from an earlier proposal to require mandatory drug testing for students as young as elementary school, the Philippines DEA is now proposing the mandatory drug testing of all high school and college students. But the move would require a change of law. Current Philippines law only allows for random -- not universal -- drug testing of students.

Sri Lanka to Begin Hanging Drug Dealers. President Maithripala Sirisena told his cabinet Wednesday he was "ready to sign the death warrants" of repeat drug offenders. "From now on, we will hang drug offenders without commuting their death sentences," he said. While the death penalty for drugs remains on the books in Sri Lanka, no one has been executed for a drug offense since 1976. The government said it would try to replicate the "success" of hardline drug policies in the Philippines.

Categories: Ballot Initiatives