Busy, busy on the marijuana policy front today, and there is also medical marijuana news, a new report on coerced federal plea bargains, a call for call-ins to the Senate on mandatory minimums next week, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
Pot Possession Legal in Portland, Maine, As of Tomorrow, But... The voter-approved ordinance legalizing the possession of up to 2.5 ounces of marijuana by people 21 and over goes into effect Friday. But tokers beware: The police chief says he is going to continue to enforce state law, which is stricter. Maine is a decriminalization state, so getting caught with a small amount of pot will still get you a fine.
Marijuana Legalization Initiative Filed in Missouri. The Missouri marijuana reform group Show-Me Cannabis Regulation has filed an initiative that would amend the state constitution to legalize marijuana. Petitioners will have to collect signatures from about 320,000 registered voters by May 4 to qualify for the November 2014 ballot.
Washington State Commercial Pot Business Applications Surpass 1,300. Lots of people want to get into the legal marijuana business in Washington state. Regulators there are reviewing over 1,300 applications and there are still two weeks left for people to apply More than 600 have applied for commercial growing licenses, more than 450 to produce edibles, and 230 have applied to open retail outlets. Regulators will license up to 334 pot shops, and there is no limit to the number of growers or producers, although the state wants to limit production to two million square feet.
Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes said Wednesday that he has asked the State Liquor Control Board to allow at least 50 marijuana retail sales licenses to be issued in the city. The Board has proposed allowing only 21, but Holmes said that will not be enough to meet demand in the city.
Marijuana Legalization Referendum Proposed for Dane County (Madison), Wisconsin. Dane County voters could vote on whether the state should legalize marijuana after a member of the county Board of Supervisors said he planned to introduce a measure that would ask them just that. The proposal has to pass the board, and if it does, voters would vote on a non-binding advisory referendum on the spring 2014 ballot.
Action on Medical Marijuana Bills Delayed in Michigan. The Associated Press reported Thursday that votes on pending medical marijuana bills are unlikely until next year, although it didn't say why. Still, hundreds of people jammed legislative committee rooms to voice their opinions on improving the state's medical marijuana law.
Hearing Today on Medical Marijuana in Buffalo. Legislators in New York held a public hearing to gain support for medical marijuana legislation in Buffalo Thursday. More than two dozen speakers were invited to testify about the proposed legislation. Assemblyman Richard Gottfried (D-Manhattan), chair of the Assembly Health Committee, chaired the meeting.
Call Your Senators on Mandatory Minimum Reform Next Tuesday. The Senate Judiciary Committee will hold a hearing next Thursday on mandatory minimum sentencing reform and the Smarter Sentencing Act, S. 1410. If passed, that bill would benefit thousands of nonviolent federal offenders facing mandatory minimum sentences (including some crack offenders who are already in federal prison). Families Against Mandatory Minimums (FAMM) is urging people whose senators are on the committee to call in to voice their support next Tuesday. Click on the link for more details.
Human Rights Watch Report Condemns Forced Pleas in Federal Drug Cases. Human Rights Watch Thursday released a report condemning coercive plea bargaining by federal prosecutors in drug cases and calling for sentencing reform. The report is An Offer You Can’t Refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty,
Israeli Health Ministry Bill Would Expand Medical Marijuana Program. The Israeli Health Ministry is proposing legislation that would increase the number of doctors authorized to prescribe medical marijuana and allow it to be distributed through pharmacies. The ministry is resisting allowing even broader access.
British Drug Think-Tank Offers Guide to Marijuana Regulation. The British drug think-tank Transform Drug Policy Foundation has issued "Hot to Regulate Cannabis: A Practical Guide" for policy makers, drug policy reform advocates and affected communities all over the world, who are witnessing the question change from, 'Should we maintain cannabis prohibition?’ to ‘How will legal regulation work in practice?'
[image:1 align:left caption:true][This article was originally published on the Speakeasy blog -- check out the Speakeasy for quick updates and commentary on a daily basis.]
Good, and, frankly, somewhat surprising news for Denver tokers. The city council last night reversed itself and undid the ban on marijuana smoking in public view even if on one's own property. There will be one more vote on the ordinance next week.
According to KUSA TV, Councilwoman Susan Shepherd offered up an amendment to undo the ban, which had passed last week on a 7-5 vote. The vote last night to reverse was 7-6.
Shepherd suggested that rather than calling the police, neighbors try being neighborly. That would mean talking to your neighbor if his marijuana smoke bothers you, and dealing with your neighbor's concerns if your marijuana smoke bothers him.
Denver wants to put the kibosh on outdoor pot-smoking, a California appeals court okays a local ban on medical marijuana grows, Costa Rica enacts a sentencing reform, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Denver City Council Takes First Vote Approving Ban on Front Porch Toking. Despite heated public opposition, the Denver city council Monday night voted 7-5 to approve an amendment to the city's marijuana ordinance that would ban smoking on one's front porch or balcony. A second and final vote is set for next week, but is considered a formality.
Faced With 2016 Initiative, Arizona Legislator Urges Colleagues to Take Up Legalization. Rep. Ruben Gallegos (D-Phoenix) is calling on his fellow legislators to take up marijuana legalization because if they don't, voters will likely legalize it themselves at the polls in 2016. But a key Republican legislator, Rep. Eddie Farnsworth (R-Gilbert), head of the House Judiciary Committee, said he's opposed to the idea.
Guam Public Hearing on Medical Marijuana Gets Emotional. Guamanian legislators heard heart-wrenching testimony Tuesday at the first of two public hearings for the Joaquin Concepcion Compassionate Cannabis Use Act of 2013 (Bill 215) as several patients and caregivers described how medical marijuana had (and could) alleviate suffering. The Guam Medical Association is opposed. A second hearing is set for December 12.
California Appeals Court Upholds City's Ban on Medical Marijuana Cultivation. California's 3rd District Court of Appeals ruled Tuesday that the city of Live Oak can ban medical marijuana grows, even personal ones. The court relied on the state Supreme Court's ruling in the Riverside case, in which the high court held that localities can regulate and even ban dispensaries. "This decision makes it imperative that California adopt legislation specifically recognizing the right of all patients in need to access medical marijuana," said Dale Gieringer, head of California NORML.
Costa Rica Takes Softer Line on Women Caught Smuggling Drugs into Prisons. A bill signed into law earlier this year by President Laura Chinchilla reduces the possible sentences for women caught smuggling drugs into the country's prisons. The term has been reduced from between eight and 20 years to between three and eight years. The law also allows judges to consider alternative sentences, such as house arrest or confinement in a halfway house. The law is retroactive and will initially benefit about 100 women currently doing time for this offense.
Britain's New Drugs Minister Doesn't Rule Out Marijuana Legalization. Liberal Democrat Norman Baker, the new drugs minister in the coalition government dominated by the Conservatives, refused to rule out the possibility of marijuana legalization in his first appearance before parliament Tuesday. "I think it needs to be considered along with everything else. It is not my prime objective and I am not advocating it at the moment. We should be prepared to follow the evidence and see where it takes us," he said.
State Sen. Floyd Prozanski (D-Eugene), the powerful head of the Senate Judiciary Committee, last Friday unveiled a draft bill that would ask voters in the November 2014 election whether they wanted to legalize marijuana. The announcement came as lawmakers began debating whether to advance the issue.
[image:1 align:left]Under Prozanski's plan, the legislature would pass the bill, and the marijuana legalization question would then appear on the November 2014 ballot. If approved by the voters, the legislature would then be charged with crafting regulations in 2015.
Next year, Oregon has only a six-week special legislative session beginning in February. That's why Prozanski wants solons to handle the regulatory issues in 2015, when there is more time.
Prozanski said a vote on legalization is inevitable, and if the legislature doesn't act, activists will put their own measures before the voters. At least two initiatives are already in the works, one by Paul Stanford, the controversial force behind last year's failed Measure 80 campaign, and one by local activists organized as New Approach Oregon, which is already picking up some seed money.
"It is here, we need deal with it," Prozanski said in remarks reported by the Associated Press. "Because if we don't deal with it, it's going to be given to us, and I think we'll have a lot of unintended consequences."
New Approach Oregon spokesman Anthony Johnson told the AP it was too early to tell if Prozanski's draft bill would satisfy his group. If not, Oregon voters could have two or more separate proposals to choose from next November.
Drug reform funder Peter Lewis dies, the Oregon legislature will consider a legalization initiative bill, medical marijuana patients are suing Health Canada, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Oregon Legislature to Consider Voter-Approved Marijuana Legalization Bill. State Sen. Floyd Prozanski (D-Eugene), head of the Senate Judiciary Committee, unveiled a draft bill Friday that would ask voters in the November 2014 election to approve marijuana legalization. If they did, the legislature would be charging with coming up with regulations in 2015. If the draft bill fails to move in the legislature, activists are already working on a separate 2014 legalization initiative.
Outdoor Anniversary Pot Party Approved for Seattle Center.The city of Seattle has approved a permit for a multi-hundred person pot party to mark the first anniversary of legal weed in the state. The event will take place at Seattle Center on December 6 and will include a permitted outdoor marijuana-smoking area.
Denver City Council Debating Marijuana Smoking Restrictions. The Denver city council is today holding a public hearing on an ordinance regulating marijuana smoking on private property. The council is about evenly divided between members who want to ban pot-smoking visible from the street or sidewalks and those who don't. Marijuana Policy Project spokesman and Amendment 64 proponent Mason Tvert held a protest on his balcony this morning where he publicly -- and legally -- consumed "a more dangerous substance."
Medical Marijuana States are Complying with Federal Enforcement Guidelines, Report Says. The medical marijuana advocacy group Americans for Safe Access Monday released a report finding that medical marijuana states have enacted regulations that address federal enforcement concerns and calling on legislators and state rulemakers to keep the August 2013 Justice Department memo on enforcement guidelines in mind as they craft new laws and regulations. But DOJ memos aren't a solution, just a stop-gap until appropriate federal legislation is passed, the report said.
Public Hearings on Medical Marijuana Coming in New York State. Democratic lawmakers trying to push a medical marijuana bill through the legislature plan to hold public hearings next month in Buffalo and Mineola. For the past several years, bills have passed the Assembly, only to die in the more conservative Senate. Another bill is moving this year. Click on the link for hearing details.
Gone But Not Forgotten
Philanthropist, Drug Reform Funder Peter Lewis Dies. Peter Lewis, the man who took Progressive Insurance into the auto insurance big leagues, died Saturday in Florida. Over the past 30 years, Lewis gave millions of dollars to efforts to legalize marijuana, as well as other drug reform efforts, including a recent contribution to a proposed 2014 initiative in Oregon. He was 80 years old.
Feticide Charge Dismissed Against Drug-Using Louisiana Woman. A Louisiana judge has ruled that a woman who allegedly snorted cocaine days before giving birth to a stillborn fetus cannot be charged under the state's feticide law. That law only applies to people other than the expectant mother, District Judge Trudy White ruled. The woman was charged after a parish coroner ruled the stillbirth a homicide, saying the mother's drug use "led to a normally healthy baby ending up dying." Prosecutors could still bring other charges against the woman, they said.
Medical Marijuana Patients to Sue Health Canada over Being Outed. Medical marijuana patients furious and frightened after Health Canada outed them by sending each one of them documents in a white envelope with "Medical Marijuana Access Program" written across the top, followed by the patients' names and addresses are planning a class-action lawsuit. Health Canada said last week the mailing was the result of administrative error, but that is not assuaging unhappy patients.Government Sponsored Anti-Marijuana Legalization Marchers take to the Streets in Mexico. Organized by the National Social Leaders of Mexico (CONAL), and with the support of a federal government children's development program, anti-marijuana legalization marchers in small numbers took to the streets of at least 15 Mexican cities over the weekend. They oppose growing talk of legalization, which has occurred in the Mexico City city council and the national congress, among other places.
The momentum for marijuana legalization continues in the US, but Australia's New South Wales rejects medical marijuana even for the terminally ill. There's plenty more news, too. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
World's First-Ever Marijuana Retail License Issued in Colorado. Officials in Central City, Colorado, issued the world's first legal marijuana retail license Thursday. The license went to Annie's, currently operating as a medical marijuana dispensary. Annie's must still obtain a state license. Legal retail marijuana sales begin on January 1.
Oregon Legislators Meeting Today on Marijuana Legalization. Oregon lawmakers are meeting today to lay the groundwork for a possible marijuana legalization initiative to put before voters in November 2014. Senate Judiciary Chairman Floyd Prozanski (D-Eugene) said he would push for such an initiative. New Approach Oregon has already filed its own legalization initiative, which Prozanski called "a great first draft," but then added that legislators should vet it.
Poll: Marijuana Legalization Has Majority Support in Indiana. The 2013 Hoosier Poll finds that 52.2% of adults in the state favor making "marijuana a regulated substance much like the way we regulate the use of alcohol and tobacco products." Only 45.3% were opposed. Support reached a whopping 78.1% when respondents were asked if "marijuana should be taxed like alcohol and tobacco products, or not."
Maine Legislative Council Rejects Legalization Bill. The Maine Legislative Council, made up of 10 leading legislators, Thursday night rejected a marijuana legalization bill sponsored by Rep. Diane Russell (D-Portland). That means the bill will have to go through the regular legislative process next year, or the voters will decide through a referendum.
Four California US Representatives Call on Northern California US Attorney to Stop Harassing Dispensaries. Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."
Northern Marianas Bill Would Require Twice a Year Drug Tests for Elected Officials. A bill being crafted in the Northern Marianas Islands House of Representatives would require all elected officials to undergo drug tests every six months. The bill is being drafted by former cop Rep. Christopher Leon Guerrero, but is likely to be found unconstitutional if it ever passes, given federal court precedents.
Ohio Makes First Arrest under Automobile "Secret Compartment" Drug Law. An Ohio man arrested Tuesday for driving a vehicle that contained a hidden compartment becomes the first person charged under the state's 2012 law (Senate Bill 305) making it a felony to add a secret compartment with the intent of using it to conceal drugs for trafficking. Norman Gurley's vehicle had a secret compartment, but it contained no drugs or evidence of drugs.
Attorney General Holder Blasts High US Incarceration Rates at Colombia Conference. US Attorney General Eric Holder ripped into US incarceration policies at a conference of security ministers in Colombia Thursday, calling our imprisonment rates "both inadvisable and unsustainable." Holder added that the resort to mass incarceration "results in far too many Americans serving too much time in too many prisons -- and beyond the point of serving any good law enforcement reason." He also signaled that other countries should have greater flexibility in drug control policies. "We must acknowledge that none among us can fight this battle on our own, or by implementing a 'one-size-fits all' approach."
No Medical Marijuana for the Terminally Ill in Australia's New South Wales. The state government in New South Wales has rejected a request that terminally ill patients be granted an exemption to use marijuana to ease their pain. A bipartisan parliamentary committee had recommended that AIDS and terminally ill patients be allowed to possess up to a half-ounce for medical reasons, but the state government rejected the recommendation, saying the potency and safety of medical marijuana cannot be guaranteed. The decision was "cannabis hysteria at its worst," said Green MP John Kaye. "It's absurd to argue that someone dying of cancer should be denied access to a little bit of pain relief because it's the same substance some people use illegally."
Movement toward legal marijuana commerce continues in Washington, movement toward dispensaries continues in Massachusetts, medical marijuana polls very well in Florida, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Washington State Marijuana Business License Applications Pile Up. As of Wednesday morning, the state Department of Revenue had received 585 completed applications for marijuana business licenses in the two days since the process opened up Monday. They include 27 applications for processors, 134 for growers, 144 for retailers, and 280 for operations doing both growing and processing. The state foresees 334 marijuana retail outlets. The number of growers and processors remains to be seen, but regulators want to limit legal production to two million square feet statewide.
Florida Poll: Crist 47%, Scott 40%, Medical Marijuana 82%. A new Quinnipiac poll has support for medical marijuana in Florida at 82%, the greatest support for medical marijuana ever polled there, and nearly as much as the support for the leading gubernatorial contenders combined. The poll comes as People United for Medical Marijuana is in the midst of a signature-gathering campaign to put an initiative on the 2014 ballot. The poll strongly suggests that if the initiative can make the ballot, it will win.
Last Day for Dispensary Proposals in Massachusetts. Today is the deadline for the 158 qualified applicants seeking to open medical marijuana dispensaries in the Bay State. They are vying to be one of the 35 dispensaries envisioned by state law. In the second phase of the selection process, applicants will now go before a committee that will score their applications on a number of factors, including ability to meet the health needs of patients, appropriateness of the location, geographic distribution, local support, and plans to ensure public safety.
New Mexico's Bernalillo County Bans County Employees from Using Medical Marijuana. Bernalillo County (Albuquerque), the state's most populous county, has banned the use of medical marijuana by county workers under a new policy issued November 12 by County Manager Tom Zdunek. Zdunek cited federal prohibition and county policy as reasons for the ban. "This is a backwards policy that will prevent people who are suffering from accessing the medicine that works for them," said Jessica Gelay, policy coordinator for Drug Policy Alliance in New Mexico. "It is unconscionable that the County Manager would unilaterally attempt to deny Bernalillo County employees the right to use a medicine recommended by their physician. Patients deserve above all else, the freedom to choose the safest and most effective treatment for their disabling conditions -- whatever that treatment might be. It is time to stop demonizing marijuana and creating a double standard for prescription medications."
Cannabis Oil for Kids Greeted Warmly at Utah Capitol. Parents seeking access to cannabis oils for their epileptic children got a warm reception at a pair of committee hearings at the statehouse Wednesday. This is only a first step; there is no bill pending, but the response from lawmakers was largely positive, especially if such "hemp supplements" contained only small amounts of THC. There are about 10,000 Utah kids suffering from "refractory seizures" from epilepsy, and 35 of them are on a Colorado waiting list for a cannabis extract called Alepsia.
Minnesota Now Drug Testing Public Benefits Recipients with Drug Felonies. People with a previous drug felony who are receiving or seeking public benefits are now subject to random drug testing under a law passed by the legislature in 2012. Those programs are the Minnesota Family Investment Program, General Assistance Program, Minnesota Supplemental Aid and the Supplemental Nutrition Assistance Program, or food stamps. About 1% of state public benefits have felony drug records, similar to the proportion in the general population.
Myanmar Opium Eradication Campaign Falls Short. Opium eradicators in Myanmar's southern Shan State have fallen well short of wiping out the poppy crop. Police had planned to eradicate 30,000 acres of poppy in the past 30 days, but only actually destroyed about 4,600 acres, or 13% of the target. They blamed manpower shortages, poor road links, and a flawed crop substitution program for their failure to meet their targets. Myanmar is the world's second largest opium producer, but lags far behind Afghanistan, which produces about 90% of the illicit global supply.
Tanzania Scolded on Need for Drug Reform, Harm Reduction. The Tanzanian government needs to come up with a harm reduction strategy for drug users and reform its drug laws, Doctors of the World harm reduction specialist Damali Lucas told a Dar es Salaam press conference Monday. The country's 1995 drug law does not differentiate between someone holding a small amount of drugs and someone holding large amounts, she noted. She also called for a harm reduction policy to be implemented to address the spread of HIV and related illnesses.