Last week's legalization victories are reverberating throughout New England, and the city of Oakland is moving toward a publicly-owned bank that could serve pot businesses.
Connecticut Governor Says He's Considering Marijuana Legalization. Gov. Dannel Malloy (D) has said that given last week's votes to legalize marijuana in nearby Maine and Massachusetts, he is reevaluating legalization in his own state. Malloy had previously supported decriminalization, but said that was far enough. But now: "We might have to reexamine our legal position, our position of enforcement, based on what some surrounding states are doing," said Malloy.
Slow Action on Certifying Legalization Vote Could Mean No Legal Weed in Maine Until January. The state's legalization initiative will not go into effect until 30 days after the state certifies and the governor proclaims the results. That could push legalization back until January 7 if the secretary of state's office and the governor take all the time allowed before acting. Legalization supporters had said pot should be legal there by Christmas.
Vermont Legislators Ready to Try to Pass Marijuana Legalization Again. A pair of key lawmakers said they are ready to try to get legalization through the legislature again, but incoming Republican Governor Phil Scott says don't bother. Still, Sen. Dick Sears, chairman of the Senate Judiciary Committee, said legalization votes in Maine and Massachusetts are forcing the state's hand. "For me, that's a game-changer, that Massachusetts has voted to legalize," Sears said. Sears' counterpart in the House, Judiciary Committee chairwoman Rep. Maxine Grad, is also ready to go, saying the Maine and Massachusetts votes will make lawmakers more amenable to moving forward.
City of Oakland Eyes Public Bank for Marijuana Industry. The city of Oakland has taken a first step toward opening a public bank in a move aimed at allowing marijuana businesses access to financial services. Councilwoman Rebecca Kaplan is leading the charge." Creating a local bank in the city of Oakland could benefit lots of local businesses," said Kaplan. "But, it's also a great match for the needs of our growing cannabis industry to have access to safe banking." The issue has already been before the city council and will be again on November 29.
As more states legalize weed, Colorado's governor warns of gray market dangers, Texas sees a slew of early marijuana decriminalization bills, the British Medical Journal calls the drug war a failure, and more.
Colorado Governor Warns of Dangers of Gray Market. Gov. John Hickenlooper (D) said Monday that the state's gray market in marijuana is a "clear and present danger" that demands tougher regulations and enforcement. The state must "move swiftly and aggressively to make sure illegal activity is stamped out," he said. "If we don't stamp it out right now, it becomes acceptable. And then, all of a sudden, people are going to start getting hurt. If you let crime grow, it will breed on its opportunity." Hickenlooper's remarks come as he asks lawmakers to set aside $16 million in pot tax revenues for new efforts to control the gray market.
Texas Marijuana Decriminalization Bills Filed. Lone Star State lawmakers filed several decriminalization bills Monday, the first day of filing for the 2017 legislative session. One would create a special court for first-time possession offenders; another would reduce criminal penalties for possessing up to a half ounce. Similar bills have been offered in Austin in the past, but have so far failed to pass. House Bill 58 by state Rep. James White (R-Woodville) would create a specialty court for certain first-time marijuana possession offenders based on the principle that first-time defendants are often self-correcting. House Bill 81, filed by Rep. Joe Moody (D-El Paso) would replace criminal penalties for possession of up to an ounce of marijuana with a civil fine of up to $250. The bill also allows Texans to avoid arrest and possible jail time for possessing a small amount of marijuana. House Bill 82, filed by Rep. Harold Dutton, Jr. (D-Houston), would make a pot possession a Class C misdemeanor, down from a Class B. And Sen. Joe Rodriguez has filed Senate Bill 170, which would decriminalize the possession of up to an ounce.
Canadian Federal Study Calls for Drug Decriminalization. A research paper from the Canadian Justice Department has noted that that are healthier and less costly ways of dealing with drug users than arresting them, and urges the Canadian government to seriously consider drug decriminalization. "It is becoming more challenging to justify the criminalization of drug users," the study says.
British Medical Journal Says War on Drugs Has Failed. The prestigious British Medical Journal has called for ending penalties against drug users and for governments to regulate legal drug markets. "All wars cause human rights violations, and the war on drugs is no different," the Journal said in an editorial, "Prohibition and stigma encourage less safe drug consumption and push people away from health services."
Cannabis cafes are coming, Maine legalization foes seek a recount, Massachusetts legislators are threatening to "improve" the legalization initiative, the DEA bans "pink," and more.
[image:1 align:right caption:true]Marijuana
Marijuana Victories Will See Cannabis Cafes Coming. The victories for marijuana legalization initiatives in California, Maine, Massachusetts, and Nevada last week will set the stage for social marijuana consumption at licensed venues. Three of the states make provisions for social consumption, while the fourth leaves the issue for legislators. And in Denver, voters approved a local initiative that will allow local businesses to designate "consumption areas" for customers who bring their own weed.
Maine Legalization Foes Seek Recount After Narrow Defeat. Unofficially, the Question 1 legalization initiative won by a mere 5,000 votes out of about 750,000 cast, and that's too close a call for the "no" campaign to just accept. "No" spokesmen are threatening to seek a recount. They have until the end of work Wednesday to collect a hundred signatures in order to seek a recount from the secretary of state's office.
Massachusetts Legislators Turn Eyes on "Improving" Legalization Initiative. Senate President Stan Rosenberg said last Thursday said the Question 4 initiative will need "improvements" to address issues such as marijuana sales taxes, infused edible products, and driving while high. Rosenberg said the legislature could take up the issues shortly after returning in January. But the Question 4 campaign pushed back, saying that legislators should "respect the will of the voters," let regulators do their job crafting regulations, then see if anything needs fixing.
New Psychoactive Substances
DEA Bans Synthetic Opioid Known as "Pink." Using its emergency scheduling powers, the DEA has banned the synthetic opioid U-47700, commonly known as "pink." Effective today, the drug is now a Schedule I controlled substance. The drug has been linked to dozens of confirmed fatalities, and is now banned for 24 months while the DEA decides if it should be permanently placed in Schedule I.
Wisconsin Welfare Drug Testing Starts Today. As of Monday, people seeking welfare benefits will be subject to drug testing. Republican Gov. Scott Walker painted the move as helping families and employers. "Employers across the state frequently tell me they have good-paying jobs available in high-demand fields, but need their workers to be drug-free," Walker said in a statement. "These important entitlement reforms will help more people find family-supporting jobs, moving them from government dependence to true independence."
Philippines President Threatens Drug War Suspension of Habeas Corpus. President Rodrigo Duterte said he is considering suspending habeas corpus because it's just too much work to build cases against individual drug suspects. And he doesn't worry about legality. "I am the president. Of course I have the powers," he said Friday. "I can be ordered by the Supreme Court to stop it, but there are things that they cannot, and maybe, I will not, stop I can go to jail. File all the charges that you can think of. But this country, in my time, will not deteriorate any further." The Philippines constitution says the president may suspend habeas corpus "in case of invasion or rebellion, when the public safety requires it."
Berlin Set to Move on Marijuana Liberalization. The city's governing coalition of Social Democrats, Greens, and the Left Party has agreed to push for partial decriminalization of marijuana. The move would require a waiver from federal authorities to allow experimenting with drug policies that contradict the Federal Intoxicants Law.
Medical marijuana went four for four on Election Day, the feds give up on trying to shut down the Berkeley Patients Group, and more.
On Monday, a new report called marijuana a "promising option" for dealing with opioid addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report finds significant progress in reducing addiction and overdose deaths in states that have legalized it.
Last Thursday, the state Supreme Court rejected a bid to reinstate a medical marijuana initiative. The state's high court Thursday denied a petition for a rehearing on its decision to disqualify Issue 7. Another medical marijuana initiative, Issue 6, remains on the ballot.
On Tuesday, Arkansas voters approved Issue 6.
Last Monday, the feds gave up on trying to shut down Berkeley's flagship dispensary. The Justice Department has given up on its efforts to shut down the Berkeley Patients Group. The three-year effort came to an end Monday, when federal prosecutors in San Francisco filed a motion to dismiss their civil forfeiture case against the dispensary. City officials had supported the dispensary in its battle with then-US Attorney Melinda Haag. The move is the latest sign the federal government is winding down efforts to go after marijuana businesses in states where they are legal.
District of Columbia
Last Thursday, the DC council approved letting out of state patients purchase medical marijuana. The council has approved a measure to let medical marijuana users from other states use their registration cards to purchase their medicine in the District. The vote was unanimous.
Last Friday, a panel voted to allow medical marijuana for "opiate use disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.
Last Friday, the medical marijuana initiative campaign got a nice cash boost. North Dakota for Compassionate Care, the group behind the Measure 5 medical marijuana initiative has received an unexpected last-minute donation of $15,000 from Drug Policy Action, the lobbying and campaign arm of the Drug Policy Alliance. The group will use the money for a final advertising push to get their message out to voters ahead of next week's elections.
On Tuesday, Measure 5 passed with 64% of the vote.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Donald Trump wasn't the only big winner on Tuesday. Marijuana law reform also had a stellar night, with medical marijuana winning in all four states it was on the ballot and marijuana legalization winning four out of five.
[image:1 align:left]Pot legalization won in California (Prop 64), Maine (Question 1), Massachusetts (Question 4), and Nevada (Question 2), losing only in Arizona (Prop 205), where a deep-pocketed opposition led by a hostile sitting governor managed to blunt the reform thrust. Medical marijuana won overwhelmingly in Florida (Amendment 2), the first state in the South to embrace full-blown medical marijuana, as well as in Arkansas (Question 6), Montana (I-182), and North Dakota (Measure 5).
This week's election doubles the number of legal marijuana states from four to eight and brings the number of full-fledged medical marijuana states to 28. It also means some 50 million people just got pot-legal, more than tripling the number of people living in states that have freed the weed.
"This is one of the most significant days in the history of marijuana prohibition and this movement," said Rob Kampia, long-time head of the Marijuana Policy Project (MPP), which was behind the legalization initiatives in Arizona, Maine, Massachusetts, and Nevada and which also backed the California initiative. "When four states legalize it, it's a big deal, and California is an even bigger deal. The next time we'll see a day as important as yesterday is when a president signs a bill to end federal marijuana prohibition."
A major question is whether Donald Trump might be that president. During the campaign, he suggested that he would follow President Obama's lead and not interfere with state-level marijuana legalization and regulation (roughly the same position as Hillary Clinton). But his political alliances leave some reformers less than sanguine about a Trump administration.
[image:2 align:right]"Marijuana reform won big across America on Election Day - indeed it's safe to say that no other reform was approved by so many citizens on so many ballots this year," said Ethan Nadelmann, executive director of the Drug Policy Alliance, which was involved in the California campaign. "But the prospect of Donald Trump as our next president concerns me deeply. His most likely appointees to senior law enforcement positions - Rudy Giuliani and Chris Christie - are no friends of marijuana reform, nor is his vice president.
"The momentum for ending marijuana prohibition took a great leap forward with the victories in California and elsewhere, but the federal government retains the power to hobble much of what we've accomplished," Nadelmann continued. "The progress we've made, and the values that underlie our struggle - freedom, compassion, reason and justice - will be very much at risk when Donald Trump enters the White House."
MPP's Kampia had a more optimistic take.
"The positions of Clinton and Trump were very similar," he said. "We have no reason to believe Trump would escalate the war on nonviolent marijuana users in states where it is legal. States will continue moving forward, and we will see a string of successes in the future, as well as being able to implement the laws passed yesterday."
That remains to be seen, as does the chance that a Republican Congress will move in a positive direction on marijuana. In a Wednesday tele-conference, marijuana reform stalwart Rep. Earl Blumenauer (D-OR), pointed to three areas where congressional action is needed: reforming the IRS's 280-E tax code provision that bars marijuana businesses from getting normal business tax breaks, reforming Treasury Department regulations that bar financial institutions from doing business with pot businesses, and removing barriers to research on marijuana's medical efficacy.
"I believe the next administration will follow the policy of the Obama administration," he said. "We had strong support for legalization in nine diverse states, with more support for these legalize, regulate, and tax policies than for either presidential candidate. The people have spoken, and that will make it easier for us in Congress to build bipartisan support for this legislation. There are now 28 states where there are state-legal businesses having to pay their taxes with shopping bags full of $20 bills. We have growing support in the House and Senate to stop this insanity," Blumenauer said.
[image:3 align:left]"I believe we will see action within the next two years to stop this discrimination against state-legal marijuana businesses," he prophesied. "Now that the playing field has expanded dramatically, including that overwhelming vote in Florida, which will become the second largest state marijuana market in the country, there is even more incentive. Some representatives are ambivalent or even opposed to marijuana legalization, but will serve their constituents."
But, as DPA's Nadelmann noted, even if Congress is favorably disposed to move in a positive direction on marijuana, the Trump executive branch is likely to feature staunch foes of marijuana law reform. Will advisors and possible appointees such as Chris Christie, Rudy Giuliani, and Mike Pence push Trump to try to undo the spreading marijuana legalization movement? And will Trump listen if they do? We will know the answer to these questions only in the fullness of time.
In the meantime, voters in initiative and referendum states and legislators in states without the initiative process can work to create more facts on the ground, more legalization states. National public opinion polls—and this week's elections—show that marijuana legalization is a winning issue. And the more states that legalize it, the more ridiculous, or as Obama put it this week, "untenable," federal marijuana prohibition becomes. Even a Trump victory, with all the frightening prospects that brings, may not be able to stop the marijuana juggernaut.
The Associated Press has called Massachusetts, saying Question 4 will win. It's currently at 54% with 77% of the vote counted.