Big news from DC on Tuesday as congressional budget negotiators included language barring the use of federal funds to go after medical marijuana where it is legal, and a whole lot of news from California, too. Let's get to it:
On Tuesday, a congressional budget deal blocked federal interference in medical marijuana states. In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May. The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana"
Last Tuesday, El Dorado County supervisors voted not to repeal the county's cultivation ordinance. Instead, supervisors decided to appoint a task force consisting of county counsel, the sheriff, DA and activists to come up with a solution that will protect patients' rights.
Also last Tuesday, Kern County supervisors approved civil lawsuits against collectives and cooperatives. The supervisors are going after 19 co-ops or collectives located in unincorporated areas of the county. The county previously sued other collectives and most of those have closed up shop.
Last Thursday, legislators filed statewide medical marijuana regulation bills. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.
Last Saturday, California doctors rejected denying organ transplants to medical marijuana patients. The California Medical Association (CMA) voted unanimously this past weekend to urge transplant clinics in the state against removing patients from organ transplant lists based on their medical marijuana status or use. The CMA House of Delegates was in San Diego for its annual meeting, and voted Saturday on Resolution 116-14 in support of patients' ability to remain on transplant lists despite their medical marijuana use.
On Monday, the Siskiyou County planning division released its draft cultivation ordinance. The ordinance would limit outdoor grows to four plants on properties an acre or smaller, six plants on properties up to 2.5 acres, eight plants on up to five acres, and 10 plants on properties greater than five acres. Comments can be submitted via email at MMCO@co.siskiyou.ca.us.
On Tuesday, Butte County supervisors approved spending $446,500 to enforce the county's cultivation ordinance. The ordinance limits the size of medical marijuana gardens to 50 square feet on property larger than a half-acre, 100 square feet on properties larger than five acres, and 150 square feet on properties larger than 10 acres. The ordinance also allows anonymous denunciations of alleged violations.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Chronicle AM: Budget Bill Would Block DC Legalization, Also Blocks Federal MedMJ Enforcement, More (12/10/14)
With the budget bill, Congress moves to block DC's voter-approved pot legalization, but also to block federal enforcement actions against medical marijuana where it is legal, a DC protest on the legalization move is set for this afternoon, and more. Let's get to it:
[image:1 align:right]Marijuana Policy
Congressional Budget Deal Seeks to Block DC Legalization. The leaders of the House and Senate appropriations committees agreed on a budget bill Tuesday night that includes language seeking to block the District of Columbia from implementing the Measure 71 legalization initiative overwhelmingly approved by District voters. A bill summary provided by the House Appropriations Committee says the bill, which will be considered by the House and Senate later this week, "prohibits both federal and local funds from being used to implement a referendum legalizing recreational marijuana use in the District." While reform advocates were disappointed with outcome, some are suggesting that the bill's language can be parsed in such a way to render the congressional ban moot. That remains to be seen.
DC Protest Against Congressional Interference Set For Tonight. The DC Cannabis Campaign, sponsors of the DC legalization initiative, has announced a march on the US Capitol tonight to protest Congress's move to override the voters' decision to legalize marijuana in the District. Marchers will gather at the Justice Department at 9th and Pennsylvania NW at 5:00pm, then march to the Capitol at 6:00pm.
Anti-Marijuana Speakers Heckled at DC Heritage Foundation Event. Rep. Andy Harris (R-MD), author of the budget bill amendment attempting to block legalization in DC, along with Rep. John Fleming (R-LA), another strong opponent of letting the District set its own marijuana laws, were greeted by hecklers at a Heritage Foundation event Tuesday. "I don't want to listen to these lies," shouted one heckler as Harris took the podium. "The people voted," a second shouted. Harris laughed when asked about the heckler, then proceeded to claim that legalizing marijuana would lead to increased teen drug use -- a claim that has not been borne out so far in states that have legalized it.
Congressional Budget Deal Blocks Federal Interference in Medical Marijuana States. In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May. The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.
Florida Governor's Drug Testing Crusade Costing State's Taxpayers. The state has racked up at least $307,000 in legal fees and court costs as it tried in vain to defend Gov. Rick Scott's (R) unconstitutional law mandating suspicionless drug testing of welfare applicants. And taxpayers are likely to shell out even more -- in legal fees to the ACLU of Florida, which took the state to federal court over the law. The bill could rise even higher if Scott decides to appeal the four federal court decisions that have found the law unconstitutional.
Isle of Jersey Rejects Islander's Requests to Use Medical Marijuana. Jersey's drug law allows the health minister to issue license for possess marijuana for "special purposes," but the island's parliament has voted against allowing three residents to use medical marijuana products. "It is unlikely that 'special purpose' was ever intended to cover medicinal use," said one senator. "While the law allows for the minister for health and social services to issue a licence for research and special purposes it does not provide for the minister to step into the shoes of a doctor and, in effect, take clinical decisions in respect of an individual case."
Indonesian President to Ban Clemency for Drug Offenders Facing Execution. President Joko Widodo said Tuesday that he plans to enforce the death penalty for people convicted of drug crimes. There are currently 64 drug offenders on death row, and he said he would reject clemency requests for them. "They are not on my table yet. But I guarantee that there will be no clemency for convicts who committed narcotics-related crimes," Jokowi said. The government's insistence on implementing the death penalty has drawn criticism from human rights defenders in the country.
India Cops Do "Workarounds" to Bust Mephedrone Sellers. The synthetic psychedelic stimulant drug mephedrone is not illegal under the Narcotic Drugs and Psychotropic Substances Act, and police are resorting to workarounds to "curb the menace." Mumbai police have instructed officers to arrest sellers under the penal code's offense of selling poison. And some police have even arrested sellers by charging them with selling methamphetamine, which mephedrone is not.
[image:1 align:left]Last month, 70% of voters in Washington, DC approved an initiative to legalization possession and home growing of marijuana. Later in the month, a committee of DC's city council advanced "tax and regulate" legislation that would authorize store sales too. Unfortunately, drug warriors in Congress led by Rep. Andy Harris (R-MD) got language included in the pending "Continuing Resolution" omnibus bill to fund the government that would block tax and regulate legislation in the District, and which might block the initiative too. The rumor is that some (not all) Republicans wanted to stop DC from moving ahead, and that Democrats cut a deal.
There is only a little time left to influence this process. Please call your US Representative and your two US Senators and ask them to block the Harris Amendment to the omnibus spending bill that would block marijuana legalization in the Districut of Columbia. You can reach your legislators (or find out who they are) through the Congressional Switchboard at (202) 224-3121, You can also look up that information on our web site's Congressional lookup tool here. When you're done, please send us a note to let us know what they said. (If you'd like a little help with what you're going to say on the phone, you can find a sample script from our friends at the "Just Say Now" campaign here.)
If you're in DC, there's a protest you can join today (Wednesday 12/10) -- a march from the Dept. of Justice at 950 Pennsylvania Ave. NW, to the US Capitol, meeting at 5:00 with the march starting at 6:00pm.
Thank you for taking action -- time, and the truth are on our side!
The leaders of the House and Senate appropriations committees agreed on a budget bill Tuesday night that includes language seeking to block the District of Columbia from implementing the Measure 71 legalization initiative overwhelmingly approved by District voters. But there may be some wiggle room.
[image:1 align:left]A bill summary provided by the House Appropriations Committee says the bill, which will be considered by the House and Senate later this week, "prohibits both federal and local funds from being used to implement a referendum legalizing recreational marijuana use in the District."
The bill summary doesn't mention decriminalization, which was approved earlier this year by the DC city council and has already gone into effect.
Rumors had swirled throughout that day about what was being hammered out, with hopes raised at various points that some less onerous deal might be reached, perhaps one that would bar the DC city council from passing and implementing marijuana taxation and regulation. Such a DC bill is already in the works.
While reform advocates were disappointed with outcome, some are suggesting that the bill's language can be parsed in such a way to render the congressional ban moot. That remains to be seen.
This is not the first time Congress has acted to block the will of District voters on marijuana reform issues. In 1998, DC voters approved medical marijuana with 69% of the vote, but Congress blocked it for more than a decade. Now, DC voters, who approved legalization with 70% of the vote, are once again being given the back of the hand by the folks on Capitol Hill.
The omnibus budget bill is almost certain to pass Congress this week and be signed into law by President Obama. Then the legal battle to recognize the will of the people in Washington, DC, will commence.