President Obama talks ganja in Jamaica, a federal banking official talks shop in Colorado, New Mexico takes a historic step to end civil asset forfeiture, and more.
[image:1 align:left]Marijuana Policy
Rastaman Queries Obama on Marijuana Policy. At a town hall event in Kingston, Jamaica, a dreadlocked Rastafarian asked President Obama about legalizing marijuana. "Give thanks! Yes greetings Mr. President," said the man, "Life and blessings on you and your family. My name is Miguel Williams but you can call I and I 'steppa'... That is quite sufficient, ya man." Williams then set out the case for legalization and asked if Obama would champion it. "How did I anticipate this question?" was Obama's joking response. "Well, there is the issue of legalization of marijuana and then there is the issue of decriminalizing or dealing with the incarceration in some cases devastation of communities as a consequence of nonviolent drug offenses," Obama said. "I am a very strong believer that the path that we have taken in the United States in the so-called 'war on drugs' has been so heavy in emphasizing incarceration that it has been counterproductive," he said to some applause. But he didn't address the question of whether the US should legalize, only whether it would. "I do not foresee, any time soon, Congress changing the law at a national basis," he said.
Federal Banking Official Meets With Colorado Pot Shops. Kansas City Federal Reserve President Esther George met with marijuana business owners in Denver Thursday to discuss vexing access to banking issues with proprietors. But she gave no indication that the industry is on the verge of gaining increased access to financial services. Click the link for more details.
Kansas Attorney General Asks State Supreme Court to Undo Wichita Decriminalization Vote. Attorney General Derek Schmidt has asked the high court to strike down the decriminalization ballot measure approved by Wichita voters on Tuesday. In a court filing Thursday, Schmidt argued that the ordinance would conflict with state law, that it would give unlawful direction to police and judges, and that the initiative was not properly filed because it did not contain a "be it ordained" clause required by state law.
Oregon Edibles Could Be Delayed. Oregon pot shops should be open by early next year, but don't expect to find any edibles in them, at least at first. The Oregon Liquor Control Commission has asked the legislature for the okay to delay licensing of edibles manufacturers, citing the complexities around the issue. Edibles may not be available until 2017.
Colorado Bill to Let Parolees, Probationers Use Medical Marijuana Advances. The House Judiciary Committee unanimously approved a bill Thursday that would allow people on probation or parole use to medical marijuana. The change wouldn't apply, however, to people whose crimes were related to marijuana. The measure is House Bill 1267.
Los Angeles City Attorney Says 500 Unpermitted Dispensaries Shut Down. City Attorney Mike Feuer said Thursday that his office has closed down 500 unpermitted dispensaries since the city voted two years ago to cap their number at about 130. But he conceded that hundreds more still operate.
New Mexico Ends Civil Asset Forfeiture. In a historic move, New Mexico Gov. Susana Martinez (R) today signed into law a bill that will end civil asset forfeiture by law enforcement in the state, a practice widely known as "policing for profit." The measure is House Bill 560. Click on the title link for more details.
California Bill Would Allow Immigrant Drug Offenders to Get Treatment, Avoid Deportation. A bill proposed by Assemblywoman Susan Talamantes Eggman (D-Stockton) would let people charged with drug possession and other low-level drug offenses to opt for drug treatment ahead of taking a plea and see their charges dropped if they complete treatment. The bill is designed to block the deportation under federal law of long-time resident immigrants because they have a drug conviction. The bill is Assembly Bill 1351. It is currently before the Assembly Public Safety Committee.
Chronicle AM: Chicago Cops Still Target Blacks for Pot, VT Ibogaine Bill, TX Med MJ Bill, More (3/16/15)
Chicago is still arresting way more blacks than whites for pot possession, marijuana bills are moving in Missouri, Texas sees full-blown medical marijuana bills filed, an ibogaine bill gets filed in Vermont, MAPS wins DEA approval for an ecstasy study, and more.
Chicago Pot Arrests Continue to Target Blacks. While Mayor Rahm Emanuel says that police statistics show "progress" being made in racial disparities around marijuana arrests (he says roughly the same percentage of whites are being ticketed instead of arrested as blacks), the numbers show that blacks are getting arrested for at a rate 16 times that of whites. More than 8,000 blacks were arrested for pot possession, but only 500 whites were, even though whites are 60% of the city's population. Blacks were busted for pot possession at a rate of 977 per 100,000, while whites were arrested at a rate of 60 per 100,000.
Alaska Regulation Bill Still Pending. Senate Bill 30, which seeks to adjust state criminal laws to recognize the legality of marijuana, is getting messy. The Senate Finance Committee was to finish work on the bill Saturday, but that didn't happen. The committee is split over an amendment that passed Friday on a 4-3 vote. That amendment would ban concentrates, including edibles, after two years. In addition to unhappiness over that measure, advocates say the language of the amendment is so unclear it could even ban marijuana leaves. Stay tuned.
Missouri Marijuana Bills Move. Committees in the legislature advanced four different marijuana bills last week. The House Corrections Committee approved HB 978, which would free Jeff Mizanskey, who is serving life without parole for a non-violent cannabis offense; the House Emerging Issues Committee approved a medical marijuana bill, HB 800, although it added restrictions; the House Economic Development and Business Attraction and Retention Committee approved an industrial hemp bill, HB 830, and the Senate Agriculture, Food Production and Outdoor Resources Committee approved SB 386, which will expand the ailments for which CBD oil could be recommended, as well as increase the number of cultivators from two to 10 and dispensaries from six to 30.
New Mexico Senate Approves Decriminalization Bill. The Senate voted narrowly Saturday to approve marijuana decriminalization. Senate Bill 383 passed on a vote of 21-20. Under the bill, possession of an ounce of less would be a ticketable offense punishable by a $50 fine. The bill now goes to the House.
Florida's CBD Cannabis Oil Program Delayed Again. For the second time, the Department of Health has posted "final rules" for the program, and now, for the second time, it is being challenged by lawsuits. That pushes back the timeline for getting the program up and running by another 60 to 90 days. It was supposed to be running by January 1.
Idaho Limited CBD Cannabis Oil Bill Moves. The Senate State Affairs Committee has narrowly approved a CBD cannabis oil bill, Senate Bill 1146. It passed on a 5-4 vote after law enforcement objections scuttled an earlier bill. The new bill only allows for an affirmative defense; the old one would have explicitly made it legal for patients and providers to possess the oils.
Texas Medical Marijuana Bills Filed. Rep. Marissa Marquez (D-El Paso) Friday introduced HB 3785, a full-fledged medical marijuana bill, in the House, and Sen. Jose Menendez (D-San Antonio) filed a companion bill in the Senate. The bills would allow qualifying patients to use and possess small amounts of marijuana and obtain it through regulated dispensaries.
Vermont Ibogaine Drug Treatment Pilot Program Bill Filed. Reps. Paul Dame (R-Essex Junction) and Rep. Joe Troiano (D-Stannard) have introduced HB 387, which would set up a pilot program to dispense the drug for substance abuse treatment. The bill goes to the House Committee on Human Services.
DEA Approves Study of MDMA for Anxiety in Terminal Illnesses. The DEA Friday approved a Multidisciplinary Association for Psychedelic Studies (MAPS) study of MDMA-assisted psychotherapy for anxiety associated with life-threatening illnesses. The study will take place in Marin County, California, and will be conducted by Dr. Phil Wolfson.
Idaho Legislature Approves Opiate Overdose Reversal Drug Bill. The measure, House Bill 108, passed the House last month and the Senate last Thursday. The bill would allow pharmacists to prescribe naloxone to friends and family members of people at risk of an opiate overdose. It now goes to the governor's desk.
SUNY New Paltz Students Protest Honoring Campus Cops for Drug Busts. Students and community activists gathered together Friday to protest a police union award ceremony congratulating campus cops for having the highest percentage of on-campus drug arrests nationwide in 2013. "Don't honor the police for disturbing the peace!" read one sign. Students said they didn't have an on-campus drug problem, but an over-policing problem SUNY New Paltz police arrested 105 people for drugs on campus in 2013.
A bipartisan trio of senators today introduced historic legislation to legalize medical marijuana at the federal level. Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) filed the Compassionate Access, Research Expansion, and Respect States (CARERS) Act, which would end the federal prohibition on medical marijuana and allow states to set their own policies.
[image:1 align:left caption:true]"We need policies that empower states to legalize medical marijuana if they so choose-recognizing that there are Americans who can realize real medical benefits if this treatment option is brought out of the shadows," said Sen. Booker. "Doctors and patients deserve federal laws that are fair and compassionate, and states should be able to set their own medical marijuana policies without federal interference. I am thankful to Senators Gillibrand and Paul as well as the Drug Policy Alliance for their hard work on this common-sense bill to make medical marijuana accessible to the millions of Americans who could benefit from it."
The bill would reclassify marijuana for medical use, allow veterans to have access to medical marijuana, overhaul banking laws to allow licensed medical marijuana businesses to use financial services, and open up more research possibilities for medical marijuana.
In addition to the Drug Policy Alliance, the senators also consulted with the Marijuana Policy Project, Americans for Safe Access, and other voices for patients in drafting the bill. Although nearly half the states have passed medical marijuana laws (and a dozen more have passed limited CBD cannabis oil laws), marijuana remains illegal under federal law. That means patients and providers in medical marijuana states are still at risk of federal prosecution and families and patients in non-medical marijuana states must relocate or travel long distances to get treatment, facing the risk of prosecution in non-medical marijuana states along the way.
"I am so happy to support this bill. As the mother of a child with a severe seizure disorder, anxiously waiting to get access to a medication that is already helping thousands of others is unbearable," said Kate Hintz, a New York resident who has advocated for CBD to treat her daughter and others to treat epilepsy and seizures. "After persistent advocacy in my home state of New York, we finally saw a medical marijuana law passed last summer. Yet individual state's laws, including New York's, will not succeed until we lift the current federal restrictions surrounding this plant," she added.
"I applaud Sens. Gillibrand, Booker and Paul for taking this bold step forward and insisting the federal government take action. Let's end the fear and stigma associated with marijuana, and instead allow this bill to provide research, medicine, and long needed relief to so many. It cannot come fast enough, especially for my daughter," Hintz concluded.
[image:2 align:right caption:true]"For far too long, the government has enforced unnecessary laws that have restricted the ability of the medical community to determine the medicinal value of marijuana and have prohibited Americans from receiving essential care that would alleviate their chronic pain and suffering. I am proud today to stand with Sens. Gillibrand and Booker to introduce a bill that will fundamentally change our nation's drug policies and have a positive impact on the lives of our Veterans and children," said Sen. Paul.
While the Obama administration has, in recent years, largely taken a laissez-faire approach to medical marijuana in states that have approved it, that approach is both uneven and dependent on the whim of the administration in power. Just last week, federal prosecutors in Washington state took a family of five medical marijuana patients--the Kettle Falls Five--to trial, threatening them with lengthy, mandatory minimum prison sentences for growing medical marijuana legally under state law (in a state where even recreational marijuana is legal!).
Fortunately for the Kettle Falls Five, a federal jury acquitted them of most charges, including the most serious ones. But under the current state of federal marijuana prohibition, such prosecutions could continue.
Similarly, the Obama administration's recent restraint on medical marijuana is derived from Justice Department guidance to federal prosecutors about which cases raise the level of federal concern high enough to warrant prosecution. That guidance was crafted by a deputy attorney general answerable to Attorney General Holder and the president. Absent protections provided by this bill or similar legislation, a new administration could easily return to the bad old days of DEA raids and patients and providers being hauled off to federal prison.
[image:3 align:left caption:true]"As the parents of severely ill children who could be helped by medical cannabis, we are dedicated to advancing safe, legal and viable access," said Maria De Gregorio, a parent leader of the Kentucky-based Parents Coalition for Rescheduling Medical Cannabis. "Rescheduling efforts must also guarantee access to whole plant extracts that have proven therapeutic benefits. We feel it is crucial to support state rights in all current and future medical marijuana programs. Thus, we strongly endorse this bill as it is written."
"Almost half the states have legalized marijuana for medical use; it's long past time to end the federal ban," said Michael Collins, Policy Manager for the Drug Policy Alliance. "This bipartisan legislation allows states to set their own medical marijuana policies and ends the criminalization of patients, their families, and the caregivers and dispensary owners and employees who provide them their medicine."
"With studies showing that medical cannabis access decreases suicide and addiction rates, the CARERS Act is absolutely necessary to help fix a broken healthcare system for veterans, which deals with suicides and addiction at catastrophic rates," said TJ Thompson, a retired U.S. Navy Third Class Petty Officer. "Now, I'm considered a criminal because of the medication that helps me. I take it illegally to treat my PTSD."
"This comprehensive proposal would effectively end the war on medical marijuana and let states compassionately provide care for seriously ill people without the federal government standing in the way," said Tom Angell, director of Marijuana Majority. "The fact that two young Democrats with likely long political futures have teamed up with a probable 2016 Republican presidential candidate shows how medical marijuana is a nonpartisan, noncontroversial issue that draws support from across the spectrum. With polls showing an overwhelming majority of American voters backing marijuana reform, you’d think taking up this proposal would be a no-brainer for legislative leaders who want to show that Congress can still get things done."
We shall see. The bill text is not yet available on the congressional website, and it has not yet been assigned to a committee. That's the next step in a long process.