Medical Marijuana

In an Oregon primary election where medical marijuana was a prominent campaign issue, former judge and ally of the state's medical marijuana community Ellen Rosenblum came from behind to decisively defeat former interim US Attorney Dwight Holden Tuesday in the campaign for the Democratic Party's nominee for state attorney general.

[image:1 align:right caption:true]Drug reformers who aided the Rosenblum campaign said as election results came in that they showed attacking medical marijuana patients and their distribution systems was "not a smart political move."

"As attorney general, I will make marijuana enforcement a low priority, and protect the rights of medical marijuana patients," Rosenblum says on her campaign website.

According to the Oregon Secretary of State's unofficial election results Tuesday evening, with 100% of the vote counted, Rosenblum had won with 63% of the vote, compared to 37% for Holden.

The winner of the Democratic Party nod is almost certain to be the next state attorney general. The Republicans didn't even field a candidate for the post, and in a primary where the Democratic attorney general race attracted more than 183,000 voters, the Republican non-race attracted fewer than 9,000 write-in votes.

Holden was an early favorite in the race and had the support of law enforcement constituencies, but aroused the ire of medical marijuana supporters for his actions as interim US Attorney last year, when he oversaw several raids against medical marijuana providers and sent out letters threatening asset forfeiture to other providers and their landlords. It didn't help when he called the the Oregon Medical Marijuana Program "a train wreck" during the campaign and pledged to work with Republican legislators to "fix" it.

The state's medical marijuana and marijuana legalization advocates mobilized to defeat Holden and encourage support for Rosenblum. But national drug reform activists, heartened by the grass roots response and emboldened by the opportunity to inflict a political price on those participating in the federal crackdown on medical marijuana distribution, mobilized as well.

Through its lobbying and campaign arm, Drug Policy Action, the Drug Policy Alliance kicked in $100,000 in donations to the Rosenblum campaign and Citizens for Sensible Law Enforcement (CSLE), which, among other things, launched a series of radio ads against Holden. CSLE is also the group behind the I-24 marijuana legalization initiative, one of two Oregon legalization initiatives edging very close to making the November ballot.

DPA ally and deep-pocketed drug reform donor John Sperling, founder of the University of Phoenix, also contributed $100,000 to the Rosenblum campaign.

DPA and Oregon medical marijuana advocates were quick to claim the election result showed there was a price to be paid for going against the drug reform tide. It was a message they wanted both prosecutors and the Obama administration to hear.

"Dwight Holton’s defeat in the Oregon Attorney General’s race should be taken as a clear and unambiguous message to US. Attorneys around the country and to the national Democratic leadership that attacking state-approved medical marijuana programs is not a smart political move," said Jill Harris, managing director of strategic initiatives for Drug Policy Action, and a native of Eugene.

"Medical marijuana has overwhelming public support – it is now legal in 16 U.S. states and the District of Columbia, and national polls have consistently shown support in the 70-80% range for well over a decade. Drug war rhetoric and tactics will not be tolerated, and organizations like Drug Policy Action will be there to defend patients’ rights to safely access the medicine they need," she said in a Tuesday night statement.

No Oregon groups have yet released any statements, but there was much joy on their list serves Tuesday night. "I hope that law enforcement is paying attention as well," said one poster. "As this just goes to show that Oregon is sick of them wasting their resources on marijuana."

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

The third time wasn't the charm for Colorado legislators trying to pass a "per se" drugged driving bill aimed directly at marijuana users. The bill died last year in the Senate, it died this year in the House, and on Tuesday, it died once again after Gov. John Hickenlooper (D) brought it back for consideration during a short-lived special session he called to deal with unfinished business.

[image:1 align:left]The bill, House Bill 12S-1005, would have mandated that anyone found driving with more than five nanograms of THC per milliliter of blood was presumed to be guilty of driving while impaired. Prosecutors would have needed no other evidence of actual impairment to win a conviction.

The bill failed by a single vote in the Senate Tuesday, with senators split 17-17 on the measure. The bill had already won approval earlier in the day in the House.

The bill was opposed by medical and recreational marijuana advocates and some members of the state legislature, even some Republicans, who argued that it unfairly targeted pot users with a scientifically uncertain measure of impairment.

"I don't think it'll make our roads any safer," said Sen. Pat Steadman (D-Denver).

Once again, only one vote made the difference. Will the legislature now give up on its quest to criminalize pot smokers who drive? We'll have to check back next year.

The instant I write something suggesting that Romney wouldn't be any worse than Obama on medical marijuana, along comes Romney flipping out on a reporter for merely asking about it. The fun starts at 2:10:

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There's an interesting article at The Week looking at some different theories regarding the reasons behind Obama's medical marijuana crackdown. You can choose from one of more of the following:

1. He's trying to look tough because he believes – rightly or wrongly – that he could be vulnerable to being labeled "soft on crime" during the election.

2. He doesn't think the "marijuana vote" is strong enough to have a meaningful impact on him politically.

3.  The medical marijuana industry got too big too fast, forcing the federal government to intervene.

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Four US representatives introduced an amendment to the Justice Department appropriations bill, House Resolution 5326, which would bar the agency from spending funds to attack medical marijuana operations in states where it is legal. The bill was being considered Wednesday, before failing on a voice vote Wednesday evening.

A roll call vote was taken later, with the amendment failing 163-262 -- 50 Democrats opposed it and 28 Republicans supported it. While the total number of "ayes" was almost identical to the last time the amendment was offered several years ago, that reflects the larger number of Republicans in the House. Both Democrats and Republicans voted for the amendment in greater percentages than in the past. [Ed: We will publish analysis of the voting breakdown this week.]

[image:1 align:left caption:true]The House heard Reps. Barney Frank (D-MA), Maurice Hinchey (D-NY), Dana Rohrabacher (R-CA), Jerold Nadler (D-NY), and Steve Cohen (D-TN) speak in favor of the amendment, while the most notable opposition came from committee Chairman Frank Wolf (R-VA).

Hinchey was a cosponsor of the amendment, as was Rohrabacher, of Huntington Beach, and his California colleagues Reps. amie Farr (D-Carmel) and Tom McClintock (R-Auburn).

As a presidential candidate, then-Senator Obama said his administration would not use its resources to undermine state medical marijuana laws, especially if people were following their state’s law. At first, the administration lived up to his word. Shortly after he was elected president, the Department of Justice issued a memorandum to US Attorneys urging them not to waste taxpayer dollars and law enforcement resources arresting and prosecuting people following their state’s medical marijuana law.

But according to the medical marijuana defense group Americans for Safe Access, the DEA has undertaken more than 200 raids against medical marijuana dispensaries and associated businesses since it took office in 2009, with most of them coming in the past year. Beginning in March 2011 with raids on dispensaries across Montana, the Justice Department has shifted its stance on medical marijuana, becoming much more aggressive in enforcing federal law.

It's not just the DEA. Federal prosecutors in dispensary states, such as California, Colorado, and Montana, have also been aggressively targeting medical marijuana operations. They typically try to intimidate dispensary operators and/or their landlords in voluntarily closing their doors by issuing threat letters in which they warn that operators and/or landlords could face civil asset forfeiture or even criminal prosecution if they do not comply.

The threat letters are based on arbitrary standards having nothing to do with state medical marijuana laws. Instead, federal prosecutors typically allege that targeted dispensaries are within 1,000 feet of a school or playground. There is no federal law disallowing dispensaries in those areas, but there is a federal sentencing enhancement for drug law violations within them, and federal prosecutors are using that statute as a measuring rod for deciding which dispensaries to pick on.

The federal crackdown has, to some extent, worked. The Montana medical marijuana distribution scene was all but wiped out by federal raids and prosecutions, dozens of dispensaries have been forced out of business in Colorado, and more than 200 have closed in California.

But medical marijuana supporters and advocates have been mobilizing their forces, too. The crackdown has been criticized by House Minority Leader Nancy Pelosi (D-CA) and drug reform friend Rep. Barney Frank (D-MA), as well as elected officials in all three states and local Democratic Party organizations in the San Francisco Bay area.

And this week, the fight came to the House.

"It is time for the federal government to stop targeting the legal vendors that are providing safe access to this treatment, and instead focus limited resources on those who sell illicit drugs," Farr said in a statement. "The amendment I will offer with my colleagues will work to assure funds under the Department of Justice do not target the safe access to treatment patients need."

A plethora of medical marijuana and drug reform groups and even labor unions were mobilizing their members to contact Congress this week in a bid to show popular support for reining in the feds. Among them was the Drug Policy Alliance.

"Both Democrats and Republicans are telling the Obama administration: enough is enough, stop wasting taxpayer money to undermine state medical marijuana laws, said Bill Piper, the group's director of national affairs. "President Obama needs to realize his assault on patient access is not just immoral -- but a serious political miscalculation. For more than a decade, polling has consistently shown that 70% to 80% of Americans support medical marijuana."

For the United Food and Commercial Workers (UFCW), which represents dispensary workers in California and Colorado, smothering the federal crackdown is not just about compassion, it's about jobs and the economy.

"The UFCW supports the Hinchey-Rohrabacher amendment," the group said in a statement Wednesday. "Medical marijuana laws have been enacted to allow patients safe and legal access to appropriately produced and compliantly dispensed medical marijuana in the safest possible environment and UFCW members in the medical cannabis industry work in accordance with state laws to provide safe and effective medical treatment for persons suffering from cancer and other serious medical conditions.

"At a time when millions of hardworking Americans are out of work and still struggling to make ends meet, the use of taxpayer money for the misguided targeting and prosecution of an industry that provides Americans with good middle class jobs with benefits is counterproductive. The US Justice Department should not use the fewer resources it has to focus on targeting patients and dispensaries abiding by state law. That is a problem that the Hinchey-Rohrabacher Amendment will solve and the UFCW wholeheartedly supports it," the union said.

The political calculus behind the Obama administration's crackdown on medical marijuana is unclear. What is certain is that the opposition to it is broad and cuts across party lines.

"History is calling on President Obama to protect terminally ill patients from suffering, and he is dangerously close to falling on the wrong side," said Piper. "He will continue to pay a political price as long as his administration continues to waste taxpayer money undermining state law."

The Obama administration may have won a victory Wednesday night, but even victories come with a cost.

A bill that would make it illegal to drive with more than a certain amount of THC in one's system has died in the state legislature. The bill, Senate Bill 117, passed the Senate last Tuesday and was approved by the House Judiciary Committee last Thursday, but failed to make it to a House floor vote before the session ended Wednesday.

[image:1 align:left]Under the bill, drivers found with more than five nanograms of THC per milliliter in their blood are automatically presumed to be driving under the influence of drugs, even if they can show they were not impaired. That makes it a "per se" drugged driving law, where the presence of a set amount of a specified chemical is enough to win conviction.

Per se laws currently apply to drunk driving, where a blood alcohol content of 0.08% is all the evidence needed to convict someone for that offense. Per se drugged driving laws have also been passed in a number of states, but the science around the effects of marijuana on drivers is much less settled, and that's leading some to cry foul.

A similar bill nearly passed last year, winning approval in the House, but was derailed in the Senate at the last minute, at least in part thanks to Westword marijuana columnist William Breathes, who underwent drug and driving tests the day after smoking marijuana. Breathes demonstrated that his ability to drive was unimpaired, even though the THC level in his blood was three times that which would have gotten him convicted of DUID.

The bill barely made it out of the Senate this week. It appeared ready to die on a voice vote, but then bill sponsor Sen. Steve King (R-Grand Junction) called for a roll call vote, and it passed 18-17.

The bill faced similar drama in the House Judiciary Committee, where it was also approved by a single vote. There, Rep. Jerry Sonnenberg (R-Sterling), sat silently for almost an entire minute when called to cast his vote. He then voted in favor of the bill, while signaling that he didn't really support it.

"I have issues with the bill," Sonnenberg said. "The truth is I think it needs a full hearing in front of the house... I had made the commitment to make sure that hearing happens."

Foes of the bill said it is almost certain to result in people being convicted of impaired driving when they are not impaired. They also noted that, unlike alcohol, there is no practical way for people who have used marijuana to test their blood levels.

"You really can't be sure every time you step in your car if you're going to be convicted as a result of it," said Rep. Daniel Kagan, (D-Cherry Hills Village) before voting against the measure.

While the bill easily passed the House last year, opponents early this week still hoped to kill or amend it either in the Appropriations Committee or on the House floor. The Marijuana Policy Project was asking that the bill be amended to make the five nanogram limit presumptive instead of per se, so that a driver's having exceeded that limit could be used as evidence of impairment, but would not result in an automatic conviction. It was also asking for an amendment to exempt medical marijuana patients from the law.

But now, the bill is dead--for the second year in a row.

[image:1 align:right caption:true]Dear reformer:

For the past 16 years states have called for safe access to medical marijuana. But Congress has failed to act, to the detriment of patients and providers.

That could change this week. Supporters of medical marijuana in Congress are offering an Appropriations amendment that would forbid the Dept. of Justice from interfering with state medical marijuana laws. The amendment comes at a time when pressure has been mounting on Pres. Obama to explain his administration's crackdown, the latest criticism from House Minority Leader Nancy Pelosi.

I'm tired of seeing friends who stood up to help patients lose their livelihoods after federal raids, some even prosecuted and imprisoned. I'm tired of watching DEA officials continue to obstruct FDA-approved research on medical marijuana, research that could have resolved things through that official process long ago. But things will only change if people like you who care about the issue and see through those deceptions speak up.

And so I'm asking for your help. Would you make a phone call today to your US Representative's office, asking for a YES vote on the Rohrabacher-Hinchey-McClintock-Farr medical marijuana amendment to the Commerce, Justice, Science appropriations bill, H.R. 5326? Tell your Rep it's time to respect state medical marijuana laws and patients' rights! You can reach your Rep's office (or find our who your Rep is) by calling the Congressional Switchboard at (202) 224-3121, or you can look up the contact info through our online Legislative Center. (Use the "search by zip code" box.)

It couldn't be a more important time. Please call Congress to turn this challenging time in drug policy into a pivotal time for reform instead -- thank you for taking action.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
Washington, DC
http://stopthedrugwar.org

P.S. You can help StoptheDrugWar.org by letting us know you've taken action and what your Representative's staffs had to say. You can also help by forwarding this alert and by urging people to sign up for our email list, our Facebook and Twitter pages and our RSS feeds. We also gratefully welcome donations.

The national battle over medical marijuana is heating up, Connecticut is about to become the 17th medical marijuana state, and state and local battles continue. And so do the DEA raids. Busy, busy, busy. Let's get to it:

[image:1 align:right]National

Last Wednesday, House Minority Leader Nancy Pelosi criticized the federal crackdown on medical marijuana. Listening to her home town constituents, the San Francisco representative called on the administration to back off from the raids and prosecutions. In doing so, she joined the San Francisco and Alameda County Democratic Party organizations, and various state and local elected officials.

Last Saturday, 34 groups opposing medical marijuana sent a letter to President Obama urging him to "continue to enforce federal drug laws in states that allow 'medical marijuana.'" The effort was organized by the Community Anti-Drug Coalitions of America and the signees were mostly law enforcement, treatment industry, and community anti-drug groups.

This week, drug reform and medical marijuana advocacy groups mobilized in support of an amendment to the Justice Department appropriations bill that would cut funding for the agency's offensive against medical marijuana. The amendment failed on a voice vote Wednesday night.

California

Last Tuesday, the Milpitas city council voted to reaffirm its ban on dispensaries. City leaders had been considering allowing them in order to create tax revenues, but decided to hold off pending clarification of state laws by the Supreme Court.

Also last Tuesday, Yuba County adopted a medical marijuana nuisance ordinance on a 4-1 vote by the board of supervisors. The ordinance creates limits on how big a space people with valid medical marijuana cards could use to grow plants, depending on the size of the parcel. Earlier, there were loud objections about the 100 square foot limit on grows on parcels of less than an acre. Growers are threatening a lawsuit.

Last Wednesday, the DEA raided a Santa Barbara dispensary. The raiders hit Pacific Coast Collective, but no arrests were made. A sign posted on the door that same day read: "Due to a raid by the federal government, we will be closed until further notice. We are sorry for any inconvenience this has caused."

Also last Wednesday, the LAPD raided an Eagle Rock dispensary. The American Eagle Collective was hit and police on the scene said it would be permanently shut down. The collective is one of more than two dozen that are being sued by the city of Los Angeles for allegedly violating city zoning laws. Two other Eagle Rock dispensaries have been sued for operating within 600 feet of a school. The city plans to seek a preliminary injunction against American Eagle on May 31.

Last Thursday, the DEA and local police hit a medical marijuana grow in Santa Barbara. It was part of a declared war on dispensaries in the county by federal prosecutors. "All known marijuana stores in Santa Barbara County are now the subject of federal enforcement actions," according to a statement from the US Attorney's Office. The feds also filed three asset forfeiture lawsuits, two against dispensaries and one against the grow up.

Last Friday, the DEA raided a Glendora dispensary. The raiders hit the Glendora Healing Clinic and arrested two customers on outstanding warrants. Agents seized money and marijuana, but did not arrest the operators. The dispensary had only been open a few weeks.

Also last Friday, Vallejo police raided their fifth dispensary since February. They hit Nature's Love and arrested at least one person. The identity of the man taken into custody Friday, and if anything was seized from the dispensary was not immediately known.

On Tuesday, protestors picketed the Garden Grove city council over the city's recent talks with federal authorities about helping them crack down on dispensaries. They also gave council members an earful once the meeting got underway.

Also on Tuesday, Tulare County amended its code enforcement measures for medical grows. Now, for the first time, the county can use administrative code enforcement proceedings that could lead to a series of penalties that include $100-a-day fines for each violation of the county's medical marijuana ordinance.The ordinance specifies where medical marijuana can be grown and distributed, along with other requirements, which include requiring the plants be grown in enclosed buildings with security.

Also on Tuesday, the Palm Springs city council approved a fourth dispensary. Three permitted dispensaries already operate in the city, as do at least a half dozen unlicensed ones, clustered in an area known as "Little Amsterdam."

Also on Tuesday, Nevada County approved marijuana cultivation ordinances on a 4-1 vote of the board of supervisors. The ordinances limit cultivation to 100 square feet in parcels smaller than two acres, 300 square feet in parcels smaller than five acres, 400 square feet in parcels less than 10 acres, and 600 square feet in parcels smaller than 20 acres. Unhappy residents shouted that supervisors should be voted out, and growers are threatening a lawsuit over the restrictions.

Also on Tuesday, the Vallejo city council retreated from plans to regulate dispensaries. They cited uncertainty under state law and fears of federal prosecution if they regulate. Residents accused the council of cowardice, but the council was not swayed. 

Also on Tuesday, Lake County came out against a June ballot measure that would give "right to farm" privileges to medical marijuana growers. The board of supervisors voted to oppose Measure D, which would also allow medical pot growers to cultivate up to 12 mature plants in residential backyards of less than a half acre outside of city limits in Lake County. More plants could be grown on larger parcels, with a maximum of 84 plants allowed on properties that are seven acres or more. The ballot measure is opposed by county and police officials, the local Sierra Club, the Chamber of Commerce and state and local farm bureaus. Opponents say it will lower property values and increase pot-related crime.

Colorado

On Monday, a Denver attorney reported she had lost her liability insurance because part of her practice involves representing medical-marijuana businesses. Ann Toney's insurance company, Hanover Insurance Group, explained that her practice "does not meet current underwriting guidelines because of the following risk factors: Area of practice involving medical marijuana." This is believed to be the first time in the nation an attorney has lost her insurance because of doing medical marijuana-related work.

Also on Monday, 25 more dispensaries were ordered to close by federal prosecutors. All of the targeted dispensaries are within 1,000 feet of schools, which does not violate Colorado law, but which federal prosecutors are using as an arbitrary benchmark for targeting them.

On Wednesday, the state legislature adjourned without passing a drugged driving bill that would have criminalized drivers solely on the basis of having five nanograms or more of THC per milliliter of blood in their systems. The bill had passed the Senate, but didn't get a floor vote in the House.

Connecticut

Last Saturday, the state Senate approved a medical marijuana bill. The measure had already passed the House, and Gov. Dan Malloy (D) has already said he will sign it. Connecticut will become the 17th medical marijuana state.

Iowa

On Sunday, news came that three out of four state Democratic district platforms support medical marijuana.

Michigan

Last Thursday, the House passed a package of four medical marijuana bills that advocates don't think very much of. The Marijuana Policy Project said it is "opposed to the package because of concerns that the bills would compromise patients’ privacy and subject medical marijuana to more onerous restrictions than those that apply to more dangerous prescribed narcotics." It is urging supporters to voice their objections to House bills 4834, 4851, and 4856.

Montana

On Monday, advocates suing to repeal Montana's restrictive medical marijuana law said they need more donations to continue. The Montana Cannabis Industry Association said the case has cost about $150,000 and it needs another $100,000 to take the case to the state Supreme Court.

Also on Monday, the number of medical marijuana patients had dropped below 11,000, continuing a steep decline since the number of card-holders peaked at more than 31,000 at the end of last May. The number of providers has also declined by more than 90%, to slightly more than 400. This in the wake of a federal crackdown and the state legislature passing very restrictive legislation.

Rhode Island

On Wednesday, the state Senate approved a compromise dispensary bill. It would restrict dispensaries to 1,500 ounces of usable marijuana at one time and limit cultivation to 150 plants. Patients and caregivers would be able to sell their excess to the dispensaries. The bill now must be approved by the House. Dispensaries had been stalled after Gov. Lincoln Chafee (I) quailed in the face of federal threats; this compromise legislation should assuage his worries.

Wisconsin

Late last month, the Wisconsin Medical Society voted to adopt a new position on medical marijuana. It calls for further controlled studies on medical marijuana and a review of the plant's Schedule I status.