The DEA announces it will make the active ingredients in kratom Schedule I substances, marijuana legalization initiatives in Arizona and Michigan go to court, the Thai government is moving to reform the way it deals with meth, and more.
[image:1 align:right caption:true]Marijuana Policy
Arizona Legalization Campaign Sues Over Ballot Description. The Campaign to Regulate Marijuana Like Alcohol filed a lawsuit Monday asking the state Supreme Court to fix what is says is inaccurate language in the ballot description of Prop 205 that will be presented to voters. The description written by Secretary of State Michele Reagan left out information that the campaign says is important, such as noting that a new 15% marijuana tax would go mainly to schools. The Supreme Court is also hearing a challenge from opponents of Prop 205. It needs to finalize the ballot language today.
Michigan Legalization Campaign Asks State Supreme Court to Put Initiative on Ballot. In a last ditch bid to get its legalization initiative on the November ballot, MI Legalize has filed a motion with the Supreme Court asking it to overturn a lower court's ruling that the state had no obligation to include signatures gathered outside a 180-day window. MI Legalize gathered more than enough signatures to qualify for the ballot, but some of them were deemed too old to be counted.
Arkansas Democratic Party Endorses Medical Marijuana. With two competing medical marijuana initiatives on the ballot, the state Democratic Party has approved a platform plank endorsing medical marijuana. The plank calls for "the development of a responsible medical marijuana program that will receive patients in need of such relief the freedom to access this remedy."
DEA to Place Kratom on Schedule I. The DEA announced Wednesday that it is moving to place the active materials in the kratom plant on Schedule I of the Controlled Substances Act. That schedule is reserved for drugs that have no medical use and a high potential for abuse. The scheduled substances are mitragynine and 7-hydroxymitragynine. Kratom is a tropical tree indigenous to Southeast Asia. It produces opioid-like effects and has been marketed as a legal alternative to controlled substances. Not anymore, though.
Hundreds of Argentine Judges, Lawyers Call for End to Drug War. Some 500 magistrates, lawyers, and other legal figures used the 30th anniversary of key Supreme Court decision to call for an end to the war on drugs. In 1986, in the "Bazterrica" ruling, the nation's high court ruled it unconstitutional to prosecute people for simple drug possession. Yet Argentine law still allows such prosecutions. The legal figures are demanding that the law be changed to be in compliance with the Bazterrica ruling.
Thailand Takes Another Step Toward Moving Meth off Dangerous Drugs List. The Justice Ministry is set to remove methamphetamine from its list of dangerous drugs, which would allow health authorities to use it for medical reasons. The move is part of a larger shift in how the country deals with drug use, and is part of a bill that will emphasize treatment for drug users, including substituting prescription stimulants such as Modafinil for meth. The government has given no time line for when the bill will move.
Cornhuskers look down the road on marijuana reforms, Pennsylvania's governor calls for marijuana decriminalization, the Oklahoma medical marijuana initiative looks like it won't actually make the ballot, and more.
[image:1 align:left caption:true]Marijuana Policy
Nebraska 2018 Legalization Initiative Campaign Gets Underway. A group calling itself Legal Marijuana Now has begun a signature gathering drive for an initiative that would legalize possession of up to an ounce of pot for medical or recreational purposes. The group is aiming at 2018 and needs roughly 87,000 valid voter signatures to qualify.
Pennsylvania Governor Calls for Marijuana Decriminalization. Gov. Tom Wolf (D) said Monday the state needs to decriminalize the possession of small amounts of pot. While some localities have quit arresting small-time pot possessors, too many haven't. "I think we need to do that in a more systematic fashion," Wolf said. "There are too many people who are going to prison because of the use of very modest amounts or carry modest amounts of marijuana, and that is clogging up our prisons, it's destroying families and it's hurting our economy, so I think decriminalization is the first step."
Oklahoma Initiative Unlikely to Appear on Ballot, Advocates Say. The group behind the initiative, State Question 788, said they will challenge the attorney general's rewording of the battle title, and that will begin a legal process that will delay the measure beyond the November 8 election date. State officials, on the other hand, said the initiative campaign waited too long to turn in signatures. "We are dealing with processes established in both federal and state election law for initiatives proposed by the people that require specific procedures to be followed," Attorney General Scott Pruitt (R) said. "It's important for the people of Oklahoma to know -- regardless of the substance of the state question -- the signatures were not submitted with enough time to allow this process to be played out completely."
New Zealand Poll Finds Strong Support for Medical Marijuana. Another poll is signaling overwhelming support for medical marijuana among Kiwis. A new UMR poll has support at 76%, up four points from the same poll last year. The poll had only 12% opposed, with another 12% undecided. The poll also asked whether marijuana should be treated as a herbal remedy; 61% said yes.
It's another all-marijuana news day today. Initiative battles are heating up, New York's Health Department wants to expand the medical marijuana program, and more.
[image:1 align:right]Marijuana Policy
California's Prop 64 Campaign Has Raised More Than $11 Million. The campaign to legalize marijuana in California it out-fundraising the opposition by a margin of 61 to 1, according to new campaign finance reports. The Prop 64 campaign has raised $11.45 million, while the No on 64 opposition campaign has raised only $185,000. Prop 64 has received more than $2.3 million from tech billionaire Sean Parker, $750,000 from Weedmaps founder Justin Hartfield, $1.5 million from the New Approach PAC, and $1.25 million from Drug Policy Action, among others. Opposition funding is coming from Smart Approach to Marijuana, the California Teamsters, and law enforcement.
Nevada Law Enforcement Comes Out Against Question 2. At a Carson City press conference Thursday, state Attorney General Adam Laxalt and other law enforcement officials came out in opposition to the Question 2 marijuana legalization initiative. The claimed "this ballot initiative was written by major marijuana interests, who's bigger concern is making money," not the greater good of Nevadans, and cited concerns about impaired driving.
Tennessee Governor Opposes Decrim in Memphis and Nashville. The state's two largest cities are both considering decriminalizing small-time marijuana possession, but Republican Gov. Bill Haslam wants none of it. "I'm not a fan," he says. "While I do think we've had some people who have spent more time in jail than they need to for that. I'm not in favor of decriminalizing that."
Second Arkansas Initiative Will Be on Ballot, Even If It Doesn't Qualify. The state already has one medical marijuana initiative on the ballot, the 2016 Arkansas Medical Cannabis Act, and state officials announced Thursday that a second initiative, the Arkansas Medical Marijuana Amendment, will also appear on the ballot, even though they have yet to certify that it has enough signatures to do so. That's because Thursday was the deadline to certify ballot issues. Because the secretary of state's office was not able to verify late signatures before the deadline, the second initiative has been "certified to the ballot and assigned a number." If the initiative actually comes up short on signatures, votes for it in November will not be recorded.
Florida Medical Marijuana Initiative Polling Above 67%. The Amendment 2 medical marijuana amendment initiative appears headed for victory in November. A new poll from the University of Florida Bob Graham Center has support at 67.8%, in line with a slew of polls since early 2015 that show the initiative will a low of 61% approval and up to 80%. Because the initiative is a constitutional amendment, it needs 60% to pass.
New York Health Department Calls for Expanding Medical Marijuana Program. In a report marking the two-year anniversary of the state's medical marijuana program, the Department of Health called for expanding the program to meet patient needs. "To meet additional patient demand and increase access to medical marijuana throughout New York State, NYSDOH recommends registering five additional organizations over the next two years, using a phased-in approach to permit their smooth integration into the industry," the report said.
Lots of California news today, plus a Montana anti-marijuana initiative folds.
[image:1 align:left caption:true]Marijuana Policy
California Legislature Passes Cottage Cannabis Production Bill. The measure, Assembly Bill 2516, would establish a new medical marijuana cultivator license category for what sponsor Assemblyman Jim Woods (D-North Coast) calls "microfarmers." The category would apply to farmers with 2,500 square feet or less for mixed-light cultivation, 500 square feet for indoor cultivation, or up to 25 mature marijuana plants for outdoor cultivation. The bill now goes to the desk of Gov. Jerry Brown (D).
California's Legal Marijuana Industry Could Generate $6.5 Billion a Year, Report Says. A new report from Arcview Market Research estimates that legalizing marijuana in the state would create a $6.5 billion annual market by 2020. That would make California the "epicenter" of legal marijuana in the US.
Montana Anti-Marijuana Zealot Gives Up on Initiative to Repeal Medical Marijuana Law. Billings auto dealer Steve Zabawa has given up the ghost on his effort to get an anti-marijuana initiative on the state ballot. His measure would have repealed the state's already seriously gutted medical marijuana law (a measure that has made the ballot, I-182, seeks to reinstate the original law) and declare that any drug illegal under federal law is illegal under state law. He came up short on signatures, lost an initial court challenge, and now says he doesn't have time to appeal to the state Supreme Court. Zabawa said he will now concentrate on trying to defeat I-182.
California Legislature Approves Asset Forfeiture Reform Bill. A bill that would require a criminal conviction before seizing assets in cases involving less than $40,000 has passed the legislature and is now on the desk of Gov. Jerry Brown (D). The measure, Senate Bill 443, sponsored by Sen. Holly Mitchell (D-Los Angeles), would also prohibit police from partnering with federal agencies in drug busts in order to get around state asset forfeiture laws.
Which states will be voting on medical marijuana this year is becoming clearer, but is not completely settled; a new study finds that marijuana is not implicated with bad organ transplant outcomes, and more.
Last Friday, a study found that marijuana use is not associated with bad organ transplant outcomes. A peer-reviewed study from the journal Clinical Transplantation finds that marijuana use is not contraindicated in kidney transplants. "[R]ecreational marijuana use should not be considered a contraindication to kidney transplantation," the authors concluded. "[R]ecreational marijuana use should be systematically evaluated in a larger setting before a decision is made on what, if any, degree of use or abuse should be considered a relative or absolute contraindication, or whether use or abuse should be considered a contraindication." Even in jurisdictions that allow for medical marijuana use, hospitals routinely disqualify patients with a marijuana history from eligibility for organ transplants.
As of Tuesday, these four states will definitely be voting on medical marijuana initiatives in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.
Last Friday, a second medical marijuana initiative looked set to qualify for the ballot. There's already one medical marijuana initiative on the ballot, the Arkansas Medical Cannabis Act, but there could be another. Backers of the Arkansas Medical Marijuana Amendment handed in additional signatures last Friday after they came up short in the original round of petitioning. The amendment needed 84,589 valid voter signatures, but only came up with 72,000 valid ones on July 8. Being so close, however, qualified the amendment for a second round of signature gathering, and it has now handed in another 35,000 raw signatures, meaning it should now qualify. If both initiatives appear on the ballot and both pass, the one with the most votes will become law.
On Wednesday, prohibitionists went to court to block the Arkansas Medical Cannabis Act. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.
Last Thursday, the prospect of possible legalization was spurring a rush for medical marijuana licenses. More than 750 people or groups have submitted applications for 31 medical marijuana dispensary licenses to be awarded in October. Medical marijuana license holders will get first crack at new adult use licenses if the Prop 205 legalization initiative passes.
On Monday, a group of DAs sought to block New Approach Missouri's challenge on invalidated signatures. A dozen state prosecutors have filed legal action to block the New Approach Missouri medical marijuana initiative from getting on the ballot. The group is challenging official signature counts that say it came up short, but the DAs argue that that isn't the real issue. They argue that the state cannot put on the ballot issues that would result in laws in conflict with US law.
Last Thursday, an anti-marijuana initiative failed to qualify for the ballot, but will challenge the signature shortfall. An initiative seeking to repeal the state's medical marijuana law has failed to qualify for the November ballot after coming up short on valid signatures. The Safe Montana campaign claims the state improperly rejected or lost signatures and has filed suit to challenge the state's decision. Meanwhile, the I-182 initiative, which would rebuild the state's largely gutted medical marijuana program, has already qualified for the ballot.
On Tuesday, a medical marijuana initiative took a giant step toward qualifying for the ballot. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.
Last Friday, the state took a step forward in implementing its medical marijuana system. The state Health Department has released a draft of the rules for the state's nascent medical marijuana industry. The more than 90 pages of draft regulations create a roadmap for aspiring medical marijuana growers and processors who are competing for 25 lucrative permits.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.
[image:1 align:left caption:true]Marijuana Policy
Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.
These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.
Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.
Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.
Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.
Search and Seizure
Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.
Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.
This article was produced in collaboration with AlterNet and first appeared here.
It's been 20 years since California punched through pot prohibition and became the first state to legalize marijuana for medicinal purposes. Now, 25 states have medical marijuana laws, and more than a dozen more have taken the half-step of legalizing the medicinal use of cannabidiol (CBD) only -- not raw marijuana.
[image:1 align:left caption:true]While some of the early medical marijuana states have now moved on to full legalization -- and more are set to this year -- states in the South and the Plains are just beginning to embrace the therapeutic use of the herb. This year could see medical marijuana finally assert itself in Dixie and on the Northern Plains.
Medical marijuana is amazingly popular nationwide. A June Quinnipiac poll had support at a whopping 89%. That same month, a Prevention Magazine poll had support at 75%, not nearly as stratospheric, but still very impressive. Support won't be as strong in states where it is on the ballot this year, but should still be strong enough to get voter initiatives over the top.
There are four states where medical marijuana initiatives are approved for the ballot this year, but before we get to those, there are still a handful of loose ends to mention. In Missouri, an initiative campaign is challenging a signature count that had it fail to qualify for the ballot; in Arkansas, a second medical marijuana initiative, this one a constitutional amendment, is still trying to gather signatures (update: that measure has now qualified for the ballot); in Oklahoma, an initiative has just passed a signature-gathering hurdle but has yet to qualify, and in Montana, an anti-medical marijuana initiative is challenging a signature count that found it coming up short. These are all long-shots at this point, but the efforts aren't definitively dead.
In the meantime, the four states definitely voting on medical marijuana in November are:
Arkansas -- The 2016 Arkansas Medical Cannabis Act. A similar initiative was narrowly defeated in 2012, and Arkansans for Compassionate Care hopes to get over the hump this year. The initiative would allow patients suffering from a long list of qualifying diseases or conditions to use medical marijuana with a doctor's recommendation. Patients could possess up to 2 ½ ounces and could grow five plants and 12 seedlings if they live more than 20 miles from a "care center." They could also have a designated caregiver grow for them, with a limit of five patients per caregiver. There would be at least 39 non-profit care centers across the state.
[image:2 align:right]It's going to be a low-budget campaign. ACC says it has raised $15,000 and has a goal of $80,000. There is no significant organized opposition.
The polling is looking favorable. An Arkansas Poll from last November had support for medical marijuana at 68%, with only 26% opposed, while a June Talk Business & Politics-Hendrix College Poll had support at 58%, with 34% opposed.
Florida -- Amendment 2. Medical marijuana backers organized as United for Care were narrowly defeated in 2014 although they won 58% of the vote. That's because their initiative was a constitutional amendment requiring a 60% majority, and so is this one. It would allow patients suffering from a specified list of qualifying diseases or conditions to use medical marijuana upon a doctor's recommendation. The amount they could possess will be determined by the Department of Health. Patients could not grow their own, but would be able to purchase it at state-regulated "Medical Marijuana Treatment Centers."
This is going to be a big bucks campaign in a high-population state, just as it was last time. In 2014, Las Vegas casino billionaire and hard right Daddy Warbucks Sheldon Adelson kicked in more than $5 million to the "no" campaign. This year, he's been quiet so far, but Florida arch-drug warrior Mel Sembler has kicked in $500,000 for the opposition Drug Free Florida, and Publix supermarket heiress Carol Jenkins Barnett gave $800,000 more. United for Care has largely been bankrolled by Florida attorney and Democratic donor John Morgan. It took in more than $3 million last year, spending most of it on signature gathering, and has only raised $555,000 so far this year, although Morgan's deep pockets could come through again in the home stretch.
Even with the needed 60% majority, the polling looks good. In eight polls since January 2015, the lowest support level recorded was 61% and the highest was 80%. But the opposition is going to use that fat campaign war chest to chip away at public support.
Montana -- Initiative 182. Voters in Big Sky County approved medical marijuana in 2004, but when the scene grew too bustling, the state's conservative legislature struck back with a vengeance. In 2011, Republicans in Helena essentially gutted the medical marijuana system, shutting down dispensaries and limiting caregivers and doctors. The Montana Medical Marijuana Act repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. It also repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners, and it removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, instead requiring annual inspections by the state. Patients could continue to possess up to an ounce of marijuana and four plants and 12 seedlings. The initiative also adds PTSD to the list of qualifying conditions.
[image:3 align:left]There doesn't appear to be any recent polling on the initiative's prospects. Montana voters have approved medical marijuana in the past, but the earlier phase of medical marijuana expansion sparked a harsh reaction, and the state remains divided over the issue. After a lengthy court fight, some of the restrictions approved in 2011 will go into effect at the end of this month, and cries of lost patient access may bend public opinion.
There doesn't appear to be any significant fundraising or spending by either side in this campaign.
North Dakota -- Question 5. Also known as the North Dakota Compassionate Care Act and sponsored by North Dakotans for Compassionate Care, the initiative would allow people suffering from a list of specified medical conditions to use medical marijuana with a doctor's recommendation. The initiative envisions a system of non-profit "compassion centers," which could grow and sell medical marijuana. Patients living more than 40 miles from a compassion center could grow up to 8 plants, but they must notify local law enforcement in writing. The initiative also includes a creepy provision allowing the Health Department to "perform on-site interviews of a qualified patient or primary caregiver to determine eligibility for the program" and to "enter the premises of a qualified patient or primary caregiver during business hours for purposes of interviewing a program applicant," with 24 hours notice. Patients could purchase up to three ounces of marijuana every two weeks.
The polling data is as scarce as the trees on the North Dakota prairie, but a 2014 poll had support for medical marijuana at 47%, with 41% opposed.
There doesn't appear to be any significant fundraising or spending by either side in this campaign, either.
Will medical marijuana go four for four this year? It seems likely, but we're going to have to wait for November 8 to know for sure.
Chronicle AM: Seattle Safe Injection Site Progress, Philippines Drug Killings Inquiry, More... (8/23/16)
A Seattle heroin task force has endorsed safe injection sites, the Philippine Senate is holding hearings on the ongoing massacre of alleged drug users and sellers, Colombia coca growers are protesting over unfulfilled crop substitution promises, and more.
[image:1 align:right caption:true]Marijuana Policy
Arkansas Attorney General Rejects 2018 Legalization Initiative Wording, Again. Attorney General Leslie Rutledge has again rejected the wording of a proposed constitutional amendment to legalize marijuana. The proposal is from Mary Berry of Summit. Rutledge wrote Monday that the proposal has ambiguities around licensing and the role of various state agencies in overseeing legal marijuana commerce. Berry successfully submitted a similar proposal for this year, the Arkansas Cannabis Amendment, but it failed to get enough signatures to qualify for the ballot.
Northern Marianas Senator Reintroduces Marijuana Legalization Referendum Bill. Sen. Sixto Igisomar has redrafted what was formerly a medical marijuana bill and turned it into a full-on legalization bill. The new version, Senate Bill 19-106, is now before the Senate Committee on Health and Welfare. If approved by the legislature, the measure would then go before the voters.
Seattle Heroin Task Force Endorses Safe Injection Sites. The Heroin Task Force empanelled by Seattle Mayor Ed Murray and King County Executive Dow Constantine has endorsed open safe injection sites for drug users. The task force is now working on formal recommendations on how it might work and the legal challenges it could face. Those recommendations are expected next month.
Philippine Senators Open Hearing on Drug War Killings. The Senate Justice Committee opened an inquiry Monday into the killings of more than 1,800 alleged drug users and sellers during an ongoing crackdown spurred by President Rodrigo Duterte. Committee chair Sen. Leila de Lima said she was worried by the killings and that police and vigilantes could be using the crackdown "to commit murder with impunity." National Police Chief Ronald de la Rosa, who said he did not condone extrajudicial killings, took heat for failing to stop vigilante killings. "This is like anarchy," said Sen. Antonio Trillanes IV. "It's continuing under your watch."
Colombia Coca Growers Say Government Not Living Up to Crop Substitution Promises. Coca growers in Putumayo province have been protesting for the past month, saying the government is eradicating coca crops without providing substitute crops as promised. Clashes between riot police and protestors have left at least one farmer dead, with dozens others injured.
An effort to knock the Arizona legalization initiative off the ballot gets slapped down, a new Nevada poll shows a very tight contest for the legalization initiative there, a new study finds that marijuana use is not implicated in organ transplant problems, and more.
[image:1 align:right caption:true]Marijuana Policy
Arizona Judge Rejects Lawsuit Trying to Knock Legalization Initiative Off the Ballot. Maricopa County Superior Court Judge Jo Lynn Gentry has dismissed a lawsuit brought by opponents of the Prop 205 legalization initiative. The lawsuit had challenged the 100-word initiative summary that will appear on ballots, but Gentry ruled that the summary "substantially complies with the law." The foes, led by Arizonans for Responsible Drug Policy, said they will appeal.
Nevada Poll Has Legalization Initiative Under 50%, But Still Leading. A new Nevada poll from Suffolk University shows a tight race ahead. The poll had support for the Question 2 legalization initiative at 48%, with 43% opposed, and 9% undecided.
Study Finds Marijuana Use Not Associated With Bad Organ Transplant Outcomes. A peer-reviewed study from the journal Clinical Transplantation finds that marijuana use is not contraindicated in kidney transplants. "[R]ecreational marijuana use should not be considered a contraindication to kidney transplantation," the authors concluded. "[R]ecreational marijuana use should be systematically evaluated in a larger setting before a decision is made on what, if any, degree of use or abuse should be considered a relative or absolute contraindication, or whether use or abuse should be considered a contraindication." Even in jurisdictions that allow for medical marijuana use, hospitals routinely disqualify patients with a marijuana history from eligibility for organ transplants.
Pennsylvania Medical Marijuana System Moving Forward. The state Health Department has released a draft of the rules for the state's nascent medical marijuana industry. The more than 90 pages of draft regulations create a roadmap for aspiring medical marijuana growers and processors who are competing for 25 lucrative permits.
Despite what's been called "de facto legalization," California has arrested a half million for pot in the last decade; Tennessee's Music City moves toward decriminalization, a Montana anti-medical marijuana initiative has come up short, and more.
[image:1 align:left caption:true]Marijuana Policy
California Saw Half a Million Marijuana Arrests in the Last Decade. And you thought pot was virtually legal there already. A new report from the Drug Policy Alliance shows that far from "de facto legalization," tens of thousands of Californians are still getting arrested for marijuana offenses each year. Even though the state decriminalized pot possession in 2011, thousands are still arrested for marijuana misdemeanors each year, and the burden of arrests falls disproportionately on blacks, Latinos, and youth.
Report Finds West Virginia Could Make Millions By Legalizing Marijuana. The West Virginia Center on Budget and Policy released a report Thursday saying that if the state legalized marijuana and taxed it at 25% of its wholesale price, the state could collect an estimated $45 million a year. And if just 10% of marijuana users living within 200 miles of the state came to buy legal weed there, the state could make $194 million a year. It would also save most of the $17 million a year it currently spends enforcing pot prohibition.
Nashville Moves Toward Marijuana Decriminalization. Tennessee's second largest city (less than a thousand people fewer than Memphis) is headed for decrim. The city council Tuesday gave its initial approval to a measure that would make possession of up to an ounce a civil infraction punishable by a $50 fine. It's not a done deal yet, though, and the police are grumbling. Stay tuned.
Possible Arizona Pot Legalization Spurs Rush for Medical Marijuana Licenses. More than 750 people or groups have submitted applications for 31 medical marijuana dispensary licenses to be awarded in October. Medical marijuana license holders will get first crack at new adult use licenses if the Prop 205 legalization initiative passes.
Montana Anti-Medical Marijuana Initiative Fails To Qualify for Ballot, But Challenges Signature Shortfall. An initiative seeking to repeal the state's medical marijuana law has failed to qualify for the November ballot after coming up short on valid signatures. The Safe Montana campaign claims the state improperly rejected or lost signatures and has filed suit to challenge the state's decision. Meanwhile, the I-182 initiative, which would rebuild the state's largely gutted medical marijuana program, has already qualified for the ballot.
Philippines President Duterte Slams "Stupid" UN Criticism of Drug War Killings.President Duterte, who has presided over hundreds of drug war killings since assuming office just weeks ago, has pushed back against criticism of his policies by the United Nations. ""Here comes the UN, easily swayed, and coming with a very stupid proposition,"Duterte said in a speech on Wednesday at an event for police officers also attended by foreign diplomats. "Why would the United Nations be so easily swayed into interfering in the affairs of this republic?" Duterte has ordered police not to hesitate to kill and even urged ordinary citizens and communist rebels to join in the war against drugs. Drug users are "not viable human beings," he said.
The federal courts remind the Justice Department that Congress passed a law barring it from using federal funds to go after state-legal medical marijuana operations, Maryland takes a step toward getting its industry up and running, California balks at a medical marijuana grower tax, and more.
On Tuesday, a federal appeals court blocked the Department of Justice from going after medical marijuana in states where it is legal. The 9th US Circuit Court of Appeals ruled that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.
Last Friday, a medical marijuana tax bill died in committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.
On Tuesday, the state named medical marijuana growers and processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.
On Wednesday, a patient's mom and a marijuana growers sued over the state's medical marijuana shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The marijuana legalization campaigns are starting to heat up, a new California poll has the strongest support yet for pot legalization, and more.
[image:1 align:right]Marijuana Policy
New California Poll Has Support for Legalization at Nearly Two-Thirds. A poll released Wednesday by the Institute of Governmental Studies at UC Berkeley has 63.8% supporting legalizing recreational marijuana use. Somewhat surprisingly, when it comes to ethnicity, support was highest among blacks (71.9%) and Latinos (69.3%). The Prop 64 legalization initiative goes before the voters in November.
Sen. Harry Reid "Dubious" on Nevada Legalization Initiative. Senate Minority Leader Harry Reid (D-NV) is not getting behind the Question 2 legalization initiative. He is "very, very dubious and concerned," he said. "If I had to vote on it now, I wouldn't vote for it," Reid told reporters Tuesday. "That's something we need to look at quite a bit longer. I think it's something that we have to be very careful with. People better start making a case to me. They haven't done it yet."
Barney Frank Supports Massachusetts Legalization Initiative. The former long-time Democratic congressman from Massachusetts is headlining a fundraiser at the Harvard Club for the Question 4 legalization initiative. The fundraiser is August 28. Oregon US Rep. Earl Blumenauer (D) will also be in attendance. Tickets are priced at $250, and the campaign says it needs to raise $3 million in the next 12 weeks.
New Mexico Patient's Mom, Marijuana Producer Sue Over Medical Marijuana Shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.
California is moving to reform its civil asset forfeiture system, a federal court has told the Justice Department it can't spend funds to prosecute state-compliant medical marijuana businesses, and more.
[image:1 align:left caption:true]Medical Marijuana
Federal Appeals Court Blocks DOJ From Going After Medical Marijuana in States Where It Is Legal. The 9th US Circuit Court of Appeals ruled Tuesday that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.
Maryland Names Medical Marijuana Growers and Processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.
Bipartisan Asset Forfeiture Reform Bill Passes California Assembly. Civil asset forfeiture reform legislation authored by Senator Holly Mitchell (D-Los Angeles) and David Hadley (R-Torrance) passed the Assembly Floor by a 67-7 vote Tuesday. The bill has already passed the Senate, but must now go back for a concurrence vote. The The bill will require that in all cases where law enforcement seize cash under $40,000, that there be a conviction in the underlying criminal case, before that money flows to law enforcement coffers. The same protection would be afforded homes, land, and vehicles, regardless of value. Under current law, there is not such protection for cases sent into the federal system, and the current threshold for cash in state law is $25,000, established in 1994. The measure is Senate Bill 443.
This article was produced in collaboration with AlterNet and first appeared here.
Arizona Secretary of State Michele Reagan last week certified a marijuana legalization initiative for the November ballot, setting the stage for a national election that will see the issue go directly to the voters in five states, including California, the nation's most populous.
[image:1 align:left]Four states have already legalized marijuana at the ballot box, Colorado and Washington in 2012 and Alaska and Oregon in 2014. The District of Columbia also legalized marijuana -- but not commercial sales -- in 2014.
But those states combined only have a population of about 17 million people. Winning California alone would more than double that figure and winning all five states would triple it. If all five states vote for pot, we could wake up on November 9 with nearly a quarter of the nation living under marijuana legalization.
And that could finally lay the groundwork for serious progress on ending federal marijuana prohibition. With national opinion polls now consistently reporting majorities for pot legalization, public sentiment is shifting in favor of such a move, and if voters in these five states actually do legalize it, that sentiment will have been translated into political facts on the ground. Congress may finally begin to listen.
Still, it's not a done deal. Voters have to actually go to the polls and vote. But all five initiative campaigns are well-funded, increasingly with marijuana industry money and are in a position to significantly outspend the organized opposition. They also start from a generally favorable polling position, with leads in most of the states. And they can now point to the examples of the earlier legalization states, where, despite dire prediction, the sky has not fallen, and state treasuries are growing fat with pot fee and tax revenues.
Of the five states that will take up legalization in November, four have initiative campaigns organized under the imprimatur of the Marijuana Policy Project, whose "Regulate Marijuana Like Alcohol" campaign proved so successful in Colorado. California is the one exception, with its initiative written by a group around tech billionaire Sean Parker and heavily influenced by the recommendations of the Blue Ribbon Commission on Marijuana Policy led by Democratic Lt. Gov. Gavin Newsom.
Here are the five states and their initiatives:
1. Arizona -- Proposition 205. Sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol, the initiative would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants "in an enclosed, locked space within their residences." It would also create a state agency, the Department of Marijuana License and Control, to oversee legal, licensed marijuana commerce, but would limit the number of marijuana retail shops to one-tenth the number of liquor store licenses, which would be fewer than 180. The measure would allow localities to regulate or ban pot businesses, and it would impose a 15% excise tax on retail sales, with 80% of revenues earmarked for schools and 20% for substance abuse education. The measure does not allow for public use and does not remove existing penalties for possession of more than an ounce or six plants. That means possession of 28 grams is legal, but possession of 29 grams is a felony. The measure does not provide employment rights for marijuana user and it does not change the state's bizarrely strict drugged driving law, which criminalizes the presence of inactive marijuana metabolites, but does not require actual impairment to be proven.
The campaign has raised $2.2 million so far and may need to spend every cent to win. An April poll had Arizonans rejecting legalization 43%-49% and a July poll had legalization losing 39%-52%. Those numbers are going to be tough to overcome, but with normally rock-ribbed red state Arizona shifting to battleground state status this wacky election year, the state could be a pleasant surprise come Election Day.
[image:2 align:right]2. California -- Proposition 64. The Adult Use of Marijuana Act (AUMA) initiative sponsored by Yes on 64 would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants, keeping the fruits of their harvest. It would also allow the unregulated gifting of up to a quarter-ounce of marijuana. The measure would also allow for licensed on-site marijuana consumption, or "cannabis cafes." It would allow for legal marijuana commerce regulated by a new Bureau of Marijuana Control, which would replace the existing Bureau of Medical Marijuana Regulation, and would impose a 15% retail sales tax and a $9.25 per ounce cultivation tax imposed at the wholesale level. In a nod to the state's existing ma-and-pa pot growing industry, the measure would license "micro-grows" (under 10,000 square feet), but would not allow "mega-grows" (more than ½ acre indoors or 1 acre outdoors) until 2023 at the earliest. Most remaining criminal offenses around marijuana would be reduced from felonies to misdemeanors. Cities and counties could opt out of marijuana commerce, but only by a vote of residents, and they could not ban personal possession or cultivation. The measure provides no employment protections for consumers and does not change existing impaired driving laws.
The campaign has raised $7.1 million so far, including $1.5 million from Sean parker, $1 million from Weedmaps founder Justin Hartfield, and significant contributions from the Marijuana Policy Project and Drug Policy Action, the campaign and lobbying arm of the Drug Policy Alliance. Fundraising is far exceeding the organized opposition, but in a state with a huge population and massive media markets, the campaign will need to double or even triple what it has raised so far.
The polling numbers are looking good, too. A February Probolsky Research poll had support for legalization at 59.9%, while a May Public Policy Institute of California poll echoed that with support at 60%. And the trend is upward -- the same Public Policy Institute of California poll had support at only 54% last year. California should go green on November 8.
3. Maine -- Question 1. Sponsored by the Maine Campaign to Regulate Marijuana Like Alcohol, the measure would allow people 21 and over to possess up to 2 ½ ounces of marijuana, six flowering plants, and 12 immature ones. People could also give up to 2 ½ ounces or six plants to other adults without remuneration. The measure would allow legal marijuana commerce regulated by the Department of Agriculture, Conservation and Forestry, with a 10% retail sales tax. The measure would also allow for on-site consumption, or "cannabis cafes," but would require that all pot purchased at such facilities be consumed there. Localities could regulate or ban commercial marijuana facilities.
Campaign supporters have only raised $692,000 so far, but Maine is a small state with a low population and isn't going to require millions to run a campaign. As in other initiative states, Maine opponents are trailing badly in fundraising, but will probably get some financial assistance from the prohibitionist Smart Approaches to Marijuana, which has vowed to put $2 million into the effort to defeat the five initiatives. Most of that money won't be going to Maine, though.
The polling numbers so far are encouraging, with a March MPRC poll showing 53.8% support and a May Critical Insights poll coming in at 55%. Those numbers aren't high enough for campaigners to rest easy, but they do suggest that victory is well within reach.
4. Massachusetts -- Question 4. The measure sponsored by the Massachusetts Campaign to Regulate Marijuana Like Alcohol would allow people 21 and over to possess up to an ounce of marijuana in public or 10 ounces at home, as well as allowing the cultivation of up to six plants and the possession of the fruits of the harvest. It would allow legal marijuana commerce regulated by a Cannabis Control Commission, and it includes a provision that would allow on-site consumption at licensed facilities, or "cannabis cafes." Localities would have the option of banning legal marijuana commerce enterprises. The measure would impose a 3.75% excise tax in addition to the state's 6.25% sales tax, making an effective tax rate of 10%. Localities could add local taxes of up to 2%, but they certainly couldn't collect them if they didn't allow marijuana businesses to operate. There are no employment protections for pot smokers, and the state's drugged driving laws would remain unchanged.
[image:3 align:left caption:true]Funding looks to be lagging in the Bay State, where supporters have only raised $500,000, less than in Maine, which has a significantly smaller population. Organized opposition in the form of the Campaign for a Safe and Healthy Massachusetts may be the strongest of any of the five states this year, with the governor, the mayor of Boston, and other leading public officials on board.
The polling suggests this will be a very tight race. A July 2014 poll had the state evenly split, with 48% supporting legalization and 47% opposed, and polling from last year was showing slight majorities for legalization. But a May poll had only 43% support, with 45.8% opposed, and a July poll had legalization at 41%, with 50% opposed.
5. Nevada -- Question 2. Sponsored by the Campaign to Regulate Marijuana Like Alcohol in Nevada, the measure would legalize the possession of up to one ounce by people 21 and over and would allow people to grow up to six plants -- but only if they live more than 25 miles from a retail marijuana store. The measure also creates a system of licensed marijuana commerce to be overseen by the state Department of Taxation. The measure would impose a 15% tax on wholesale marijuana sales, and retail sales would be subject to already existing sales taxes. The measure contains no provisions for on-site cannabis consumption, does not alter existing impaired driving laws, and does not provide employment rights for pot smokers.
The campaign has raised more than $1 million so far, including $625,000 from people in the marijuana industry. But it also faces significant opposition in the person of conservative money-bags Las Vegas casino magnate Sheldon Adelson, who gave $5 million to the campaign to defeat the 2014 Florida medical marijuana initiative. Adelson hasn't so far kicked in directly to defeat Question 2, but he has bought the state's largest newspaper, the Las Vegas Review-Journal, and flipped its editorial position from supporting legalization to opposing it.
Polling on the initiative campaign is scarce, but encouraging. A KTNV/Rasmussen poll just two weeks ago had the measure winning, 50% to 41%.
And there you have it. Given all the information available, our best estimate is that California is most likely to win, followed by Maine and Nevada. Arizona looks like the toughest nut to crack, followed by Massachusetts. We will know by the time the sun rises on November 9.
Look for marijuana legalization ads coming to Las Vegas, South Dakota continues to go after marijuana industry consultants, thousands march for pot legalization in Berlin, and more.
[image:1 align:right caption:true]Marijuana Policy
Nevada Legalization Campaign Prepares $800,000 Ad Buy. The Campaign to Regulate Marijuana Like Alcohol in Nevada has reserved more than $800,000 worth of advertising time slots with major news stations in Las Vegas, where three-quarters of the state's population is. The campaign supports the Question 2 legalization initiative on the November ballot. The ads will run beginning in early October and go through Election Day.
Northern Marianas Legalization Initiative Won't Be on the Ballot. A bill that would have led to a popular vote on marijuana legalization has died in the Commonwealth of the Northern Marianas Islands (CNMI) legislature. Senator Sixto Igi-somar wanted the legislature of the US territory to move on the bill for a popular referendum, but the legislature was "too busy," he said.
South Dakota Indian Tribe Marijuana Consultant Pleads Guilty to Pot Charge. A consultant who worked with the Flandreau Santee Sioux Tribe to establish a marijuana resort after the federal government said Indian tribes were free to do pleaded guilty Monday to a state marijuana charge for receiving marijuana seeds sent from Amsterdam to start the tribe's crop. The tribe tore down the crop over fears the federal government spoke with forked tongue and over threats from the state government, which followed through by indicting two consultants. Consultant Jonathan Hunt is the one who pleaded guilty and agreed to cooperate; consultant Eric Hagen pleaded not guilty, and his lawyer says there is no evidence he ever possessed "even a gram of marijuana."
Denver Cannabis Club Initiative Campaign Hands in Signatures. The Neighborhood-Supported Cannabis Consumption Committee has turned in more than 10,000 signatures for a municipal initiative that would allow for cannabis clubs where people can consume on-site. They only need 4,726 valid voter signatures to qualify for the November ballot.
Thousand March for Marijuana Legalization in Berlin. An estimated 5,000 people took to the streets of the German capitol Saturday to call for freeing the weed. It was the 20th annual Hanfparade (hemp parade), and in this one, demonstrators marched under the banner "legalization is in the air." Marijuana is illegal in Germany though possession of small amounts is tolerated by police, and a few hundred people have been given allowances to use it for medical purposes.
New Zealand Poll Shows Strong Support for Marijuana Reforms. A poll commissioned by the New Zealand Drug Foundation finds that nearly two-third of Kiwis want marijuana either decriminalized or legalized. One-third (33%) said legalize it, while 31% said decriminalize it. More than half (52%) said there should also be provisions for people to grow the plant themselves.
Cayman Islands Will Move Forward on Allowing CBD Cannabis Oils. Premier Alden McLaughlin said his government will push through laws to allow the importation and dispensing of CBD cannabis oils, but he warned there are no guarantees patients in the island nation will be able to obtain it. "There are still real and serious practical hurdles to obtaining and importing this drug because it remains illegal in many jurisdictions, including nearby Jamaica," he said.
Chronicle AM: Clinton Renews Rescheduling Call, Kerry Gets MX Human Rights Letter, More... (8/12/16)
The DEA's refusal to reschedule marijuana yesterday elicits reactions from Hillary Clinton and DC activists, a California bill to tax medical marijuana farmers dies in committee, Secretary of State Kerry gets a letter from Congress urging him to prioritize human rights when it comes to financing Mexico's drug war, and more.
[image:1 align:left caption:true]Marijuana Policy
In Wake of DEA Decision, Hillary Clinton Reiterates Call for Rescheduling Marijuana. Democratic presidential candidate Hillary Clinton will move to reclassify marijuana as a Schedule II substance, her campaign said in a statement after the DEA rejected reclassification Thursday. "As president, Hillary will build on the important steps announced today by rescheduling marijuana from a Schedule I to a Schedule II substance. She will also ensure Colorado, and other states that have enacted marijuana laws, can continue to serve as laboratories of democracy," senior Clinton advisor Maya Harris said.
In Wake of DEA Decision, Emergency Demonstration at the White House Tonight. Washington, DC, DCMJ legalization activists are gathering in front of the White House tonight at 8:20 PM to protest the DEA's refusal to move marijuana from Schedule I, the same schedule as heroin. "Here we are, 43 years and millions of marijuana arrests later, and we being told that cannabis is still as dangerous as heroin. WHAT THE HELL?!?!" organizers wrote on Facebook. "The Obama Administration's DEA thinks Americans should go to jail for a non-toxic plant. WE THINK OTHERWISE!"
California Medical Marijuana Tax Bill Dies in Committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.
Canadian Medical Marijuana Patients Will Be Able to Grow Their Own. Health Canada said Thursday that medical marijuana patients will be able to grow limited amounts for themselves or have a caregiver do so. The move comes as the government attempts to comply with a federal court ruling that struck down the previous Conservative government's ban on patients growing their own. Patients would also still have the option of buying from one of 34 producers licensed by the federal government.
Congresspersons Sign Letter to Secretary of State Kerry Urging That US Prioritize Human Rights in Mexico. Some 68 members of Congress have signed onto a letter urging Kerry to make human rights a priority in US relations with Mexico. The letter expresses concern over the "27,000 unresolved cases of people who have disappeared in Mexico since 2007, and the slow pace of reforms in the military, law enforcement and justice sectors," as well as the persistent use of torture in criminal investigations. It calls for US support for the ongoing investigation and search for the 43 disappeared students from the Ayotzinapa rural teachers' college. And it reiterates the need for accountability and justice in the cases of grave abuses committed by Mexican security forces in Oaxaca and Tlatlaya. The letter comes as the State Department is reviewing the Mexican government's compliance with human rights conditions attached to US anti-drug funding.
(This article was prepared by StoptheDrugWar.org"s lobbying arm, 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.)
This article was produced in collaboration with AlterNet and an earlier version appeared here.
The DEA's decision Thursday not to move marijuana from Schedule I of the Controlled Substances Act (CSA) ended months of speculation about whether the agency would finally act in accordance with an ever-increasing mountain of evidence of marijuana's medicinal utility and either schedule it less restrictively or deschedule it altogether.
[image:1 align:right]Supporters of more enlightened marijuana policies were disappointed, but not surprised. After all, the DEA has a long history of rejecting and impeding science when it comes to marijuana. But even had DEA acted (it did ease the University of Mississippi's monopoly on growing marijuana for research purposes), the most likely move would have been grudgingly incremental, shifting marijuana from a schedule where it is grouped with heroin down to Schedule II, where it would be grouped with cocaine and methamphetamines, and still not prescribable absent FDA approval.
Or the agency could have taken some other largely unpalatable stance, such as making cannibidiol a Schedule III substance (like synthetic Marinol) while leaving the whole plant Schedule I. In any case, any move short of descheduling it entirely and treating it like alcohol and tobacco, would have left marijuana medicalized, but not normalized.
The article below was written days before the DEA's decision, but we think the discussion remains germane for understanding the issues around rescheduling and why most reformers are disappointed, but not devastated by the agency's stubborn refusal to budge.
While the DEA may move to reschedule marijuana to a lesser schedule, keeping it within the purview of the Controlled Substances Act means that it would still be illegal, even for medical use in the absence of FDA approval. Even with FDA approval, a years-long process, it would still require a prescription to obtain, which would do nothing to address legal adult marijuana sales, production, or possession in the states. Removing it from the CSA, or descheduling, is what consumers and the industry are calling for, but that is the unlikeliest outcome, even though that's how we deal with the two most commonly used recreational drugs in the United States, alcohol and tobacco.
Schedule I is reserved for substances that have "no currently accepted medical use and a high potential for abuse," the DEA notes. "Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence." Those drugs include heroin, Ecstasy, LSD, peyote…and marijuana.
For more than 40 years, the DEA has blocked efforts to have marijuana placed in a more appropriate schedule, one that reflects the plant's medicinal uses as well as its relative harmlessness compared to other scheduled substances. But that stance has grown increasingly untenable in the face of state-level medical marijuana programs and in the face of an ever-larger mountain of research that fails to find significant serious health consequences from marijuana use.
Now, the DEA is considering a decision on the most recent rescheduling petition. Earlier this year, the agency told lawmakers it "hopes to release its determination in the first half of 2016," but that clearly didn't happen. Late in June, DEA spokesman Russ Baer said the agency is "in the final stages" of making its determination. And just last week, Baer said, "We're closer than we ever were. It's a very deliberative process."
If the DEA decides not to keep marijuana in Schedule I, the most obvious incremental move would be for it to bump it down one step to Schedule II, placing pot in the same category as morphine, cocaine, and methamphetamine. That could pave the way for eventually allowing doctors to prescribe it, and would remove some roadblocks to further research. It might open the way for broader changes in financial and business regulations, although a shift to Schedule III or greater would be needed to address the debilitating 280E tax provision, which prevents cannabusinesses from deducting ordinary expenses like rent or payroll.
[image:2 align:left caption:true]But Schedule II, or any of the lesser schedules, would require that marijuana be approved by Food and Drug Administration (FDA), a lengthy and expensive process that could bankrupt businesses attempting to overcome those regulatory hurdles. And until that happens, there is no approved marijuana for doctors to prescribe. It's also unclear whether the FDA would ever approve smoked marijuana.
Members of the marijuana industry, medical marijuana advocates, and marijuana consumer advocacy groups alike expressed skepticism about the DEA's willingness or ability to respond to the scientific evidence, uncertainty about what the agency was likely to do, and a demonstrated a pronounced -- if not unanimous -- preference not for rescheduling, but for descheduling.
Matthew Huron is a founder and former board member of the National Cannabis Industry Association and founder and current CEO of Good Chemistry Colorado, a vertically integrated cannabis company, as well as the co-founder of the Wellspring Collective, which caters to seniors with health challenges. Huron isn't exactly enthused by the prospect of Schedule II.
"Just to move it to Schedule II is more complicated than we're reading about," he said. "It might just be the molecule that gets rescheduled -- not cannabis. I don't think moving it to Schedule II would really have much effect on the states. It wouldn't hurt, but it wouldn't really help. Most of us in the industry would like to see it descheduled."
The medical marijuana advocacy group Americans for Safe Access (ASA) is pushing for Schedule II, but it's not relying on the DEA to make it happen.
"We don't have a crystal ball, and we don't know what the DEA will do, but based on past history, we don't have high hopes they will reschedule," said ASA spokesperson Melissa Wilcox. "It's possible they will de- or reschedule CBD and leave whole plant cannabis at Schedule I. Who knows? The DEA tends to ignore the science."
Schedule II "would remove barriers to scientists wishing to do research, so we know best how to use cannabis -- targeting, dosing, all the questions we haven't been able to study because it is such a pain to get research done now," said Wilcox.
But with little faith in the DEA, ASA is instead pushing for a legislative solution, the Compassionate Access, Research Expansion, and Respect States' Rights (CARERS) Act, also known as S. 683, which is currently bottled up in the Senate Judiciary Committee, chaired by octogenarian prohibitionist Sen. Chuck Grassley (R-IA).
The CARERS Act would move marijuana to Schedule II, as well as deschedule CBD, open up access to marijuana business banking, and end the NIDA monopoly on growing marijuana for research, among other provisions.
"We're pretty sure this could pass, but Grassley is the gatekeeper, and we're pushing hard to get him to schedule a vote," said Wilcox.
[image:3 align:right]"Moving marijuana to Schedule II is not a solution," said Mason Tvert, communications director for the Marijuana Policy Project, which has played -- and continues to play -- a major role in advancing both medical marijuana and legalization at the state level. "It would certainly remove barriers to research, but it would still treat marijuana as if it were as harmful as cocaine and other illegal substances, when it is objectively less harmful than alcohol. We fully support removing marijuana from the schedules and treating it like alcohol," Tvert emphasized.
"We think marijuana should be removed entirely from the Controlled Substances Act," said Dale Gieringer, long-time head of California NORML, representing consumers and small growers in the nation's most populous state. "As a fallback position, we've been litigating since 1972 to get it rescheduled to Schedule II. If they do that, that would be good -- they'd only be 45 years overdue," he noted.
"From the standpoint of states that have state-legal suppliers, Schedule II doesn't accomplish a whole lot," Gieringer said. "Those state-legal suppliers wouldn't become federally legal; they'd have to first obtain FDA approval. Until that happens, everybody is an illegal producer of a scheduled drug under federal law," he said.
"Schedule II would allow doctors to write prescriptions -- but nobody could fill them," Gieringer noted. "There are international prescriptions and international suppliers, though. But the main impact would be doctors would feel better and cops couldn't argue that marijuana isn't a medicine. If they're trying to create a niche for existing legal medical marijuana state, putting it in Schedule II is like creating a square hole for a round peg."
Marijuana patients, consumers, and the industry are all waiting for the DEA to act, but aren't really holding out much hope it will do the right thing. And even the half-steps it might take, such as moving it to Schedule II or separating out CBDs for lower scheduling, aren't going to substantially alter marijuana's legal status or resolve the conflicts between state-level legality and federal marijuana prohibition. When it comes to rescheduling marijuana, there's just not that much there there.
The DEA again rejects marijuana rescheduling, a North Dakota initiative makes the ballot, a South Dakota one doesn't, a Missouri one hangs on by a thread, and more.
On Thursday, DEA again refused to reschedule marijuana. The DEA today again refused to reschedule marijuana, arguing that its therapeutic value has not been scientifically proven. The move rejecting a rescheduling petition from two governors comes despite medical marijuana being legal in half the states and in the face of an ever-increasing mountain of evidence of marijuana's medicinal utility. Today's action marks at least the fourth time the DEA has rejected petitions seeking to reschedule marijuana. The effort to get the DEA to move marijuana off the same schedule as heroin has been going on since 1972, and once again has garnered the same result. The agency did announce one policy change that could make it easier to conduct marijuana research. It said it would end the University of Mississippi's monopoly on the production of marijuana for research purposes by granting growing licenses to a limited number of other universities.
On Monday, a medical marijuana initiative campaign vowed to go to court to try to overturn invalidated signatures. New Approach Missouri announced that it will go to court this month to overturn invalidated signatures so that its medical marijuana initiative can appear on the November ballot. The campaign has enough valid signatures to qualify in every congressional district except the state's second, where local election officials invalidated more than 10,000 signatures, leaving the campaign roughly 2,200 short of the 32,337 required in that district.
On Tuesday, Ohio took the first step toward getting medical marijuana up and running. The state Medical Marijuana Control Program has unveiled a website with the first information on how it plans to implement the state's new medical marijuana law. Medical marijuana will not be available before September 2018, as the state works to develop rules and regulations.
On Tuesday, a medical marijuana initiative qualified for the November ballot. The secretary of state's office has confirmed that Compassionate Care Act initiative has submitted enough valid signatures to qualify for the November ballot. The initiative would allow patients suffering from a list of specified medical conditions to possess up to three ounces of marijuana and grow their own if they are more than 40 miles away from a licensed dispensary. Dispensaries would be nonprofits.
On Tuesday, a state court judge rejected a medical marijuana initiative campaign's appeal. The state will not be voting on the issue this November after a state court judge denied a request from the campaign to overturn Secretary of State Shantel Krebs' finding that the group did not hand in enough valid voter signatures to qualify for the ballot. South Dakota has twice previously rejected medical marijuana at the polls -- the only state to do so.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The DEA is up to the same old same old, Arizona joins the list of states voting on marijuana legalization this fall, heroin overdoses jump in recent years in New York, and more.
[image:1 align:left]Marijuana Policy
DEA Again Refuses to Reschedule Marijuana. The DEA today again refused to reschedule marijuana, arguing that its therapeutic value has not been scientifically proven. The move rejecting a rescheduling petition from two governors comes despite medical marijuana being legal in half the states and in the face of an ever-increasing mountain of evidence of marijuana's medicinal utility. Today's action marks at least the fourth time the DEA has rejected petitions seeking to reschedule marijuana. The effort to get the DEA to move marijuana off the same schedule as heroin has been going on since 1972, and once again has garnered the same result. The agency did announce one policy change that could make it easier to conduct marijuana research. It said it would end the University of Mississippi's monopoly on the production of marijuana for research purposes by granting growing licenses to a limited number of other universities.
Arizona Legalization Initiative Qualifies for November Ballot. It's official: State officials have confirmed that the initiative from the Campaign to Regulate Marijuana Like Alcohol has gathered enough valid voter signatures to qualify for the November ballot. The initiative will appear on the ballot as Proposition 205.
Heroin and Prescription Opioids
Fatal Overdoses Have Jumped in New York City in Recent Years. Fatal drug overdoses have jumped 66% in the city between 2010 and 2015, the city Department of Health and Mental Hygiene Reported Tuesday. Last year, 937 New Yorkers died of overdoses, compared to 541 in 2010. Heroin was involved in 59% of the deaths.
Vietnam Sentences Nine to Death for Smuggling Heroin to China. A court in Lang Son has handed out death sentences to nine men for smuggling about 500 pounds of heroin to China. Two others were sentenced to life in prison. Under Vietnamese law, possession or sale of more than 100 grams of heroin is punishable by death.
The DEA today again refused to reschedule marijuana, arguing that its therapeutic value has not been scientifically proven. The move rejecting a rescheduling petition from two governors comes despite medical marijuana being legal in half the states and in the face of an ever-increasing mountain of evidence of marijuana's medicinal utility.
[image:1 align:left]"DEA has denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA)," the agency said in a press release. "In response to the petitions, DEA requested a scientific and medical evaluation and scheduling recommendation from the Department of Health and Human Services (HHS), which was conducted by the U.S. Food and Drug Administration (FDA) in consultation with the National Institute on Drug Abuse (NIDA). Based on the legal standards in the CSA, marijuana remains a schedule I controlled substance because it does not meet the criteria for currently accepted medical use in treatment in the United States, there is a lack of accepted safety for its use under medical supervision, and it has a high potential for abuse."
Today's action marks at least the fourth time the DEA has rejected petitions seeking to reschedule marijuana. The effort to get the DEA to move marijuana off the same schedule as heroin has been going on since 1972, and once again has garnered the same result.
The move comes despite the expansion of state medical marijuana laws at least three more states will vote on it this year -- and a growing clamor for change, including from members of Congress. Just yesterday, the National Conference of State Legislatures adopted a resolution calling on the federal government to move marijuana off Schedule I.
The agency did announce one policy change that could make it easier to conduct marijuana research. It said it would end the University of Mississippi's monopoly on the production of marijuana for research purposes by granting growing licenses to a limited number of other universities.
But that was not nearly enough for marijuana reform advocates, who scorched the agency for its continuing refusal to move the drug off of Schedule I, if not outside the purview of the Controlled Substances Act altogether.
"This decision is further evidence that the DEA doesn't get it. Keeping marijuana at Schedule I continues an outdated, failed approach -- leaving patients and marijuana businesses trapped between state and federal laws," said Rep. Earl Blumenauer (D-OR).
[image:2 align:right caption:true]"The DEA's refusal to remove marijuana from Schedule I is, quite frankly, mind-boggling. It is intellectually dishonest and completely indefensible. Not everyone agrees marijuana should be legal, but few will deny that it is less harmful than alcohol and many prescription drugs. It is less toxic, less addictive, and less damaging to the body," said Mason Tvert, communications director for the Marijuana Policy Project.
"We are pleased the DEA is finally going to end NIDA's monopoly on the cultivation of marijuana for research purposes. For decades it has been preventing researchers from exploring the medical benefits of marijuana. It has also stood in the way of any scientific inquiries that might contradict the DEA's exaggerated claims about the potential harms of marijuana or raise questions about its classification under Schedule I," Tvert continued.
"The DEA's announcement is a little sweet but mostly bitter. Praising them for it would be like rewarding a student who failed an exam and agreed to cheat less on the next one. Removing barriers to research is a step forward, but the decision does not go nearly far enough. Marijuana should be completely removed from the CSA drug schedules and regulated similarly to alcohol," he concluded.
"For far too long, federal regulations have made clinical investigations involving cannabis needlessly onerous and have placed unnecessary and arbitrary restrictions on marijuana that do not exist for other controlled substances, including some other schedule I controlled substances," said Paul Armentano, deputy director of NORML.
"While this announcement is a significant step toward better facilitating and expanding clinical investigations into cannabis' therapeutic efficacy, ample scientific evidence already exists to remove cannabis from its schedule I classification and to acknowledge its relative safety compared to other scheduled substances, like opioids, and unscheduled substances, such as alcohol," he continued. "Ultimately, the federal government ought to remove cannabis from the Controlled Substances Act altogether in a manner similar to alcohol and tobacco, thus providing states the power to establish their own marijuana regulatory policies free from federal intrusion.
It is time for Congress to step up, Armentano said.
[image:3 align:left caption:true]"Since the DEA has failed to take such action, then it is incumbent that members of Congress act swiftly to amend cannabis' criminal status in a way that comports with both public and scientific opinion. Failure to do so continues the federal government's 'Flat Earth' position; it willfully ignores the well-established therapeutic properties associated with the plant and it ignores the laws in 26 states recognizing marijuana's therapeutic efficacy," he said.
He wasn't the only one.
"It's really sad that DEA has chosen to continue decades of ignoring the voices of patients who benefit from medical marijuana," said Tom Angell, chairman of Marijuana Majority. "President Obama always said he would let science -- and not ideology -- dictate policy, but in this case his administration is upholding a failed drug war approach instead of looking at real, existing evidence that marijuana has medical value. This unfortunate decision only further highlights the need for Congress to pass legislation curtailing the ability of DEA and other federal agencies to interfere with the effective implementation of state marijuana laws. A clear and growing majority of American voters support legalizing marijuana outright and the very least our representatives should do is let states implement their own policies, unencumbered by an outdated 'Reefer Madness' mentality that some in law enforcement still choose to cling to."
Given that the DEA and the executive branch have proven -- once again! -- unwilling to remove the ideological blinders from their eyes, it is now indeed up to Congress. Perhaps after this coming election cycle, in which we are likely to see more states vote to approve medical marijuana and even more vote to just legalize it, Congress will see the writing on the wall.