An anti-crime group has filed a pair of lawsuits challenging Colorado's legal marijuana law, a decrim bill is moving in Hawaii, 2016 initiative plans are getting underway in Michigan, DEA rules on pain pills are causing problems for vets and others, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Revised Alaska Marijuana Bill Removes It From Controlled Substances List; Adds New Misdemeanors. The legislature's effort to regulate legal marijuana has been revised to remove pot from the controlled substances list, according to an updated draft of Senate Bill 30. The bill would also create new crimes for misconduct involving marijuana, including selling it without a license, possessing more than six plants, transporting more than an ounce, providing it to minors, and making hash oil with a volatile or explosive gas. The bill got a hearing in committee yesterday.
California's Attorney General Not Opposed to Legalization. Attorney General Kamala Harris, the state's top law enforcement officer and Democratic front-runner for a 2016 US Senate seat has said she has no moral objection to legalizing marijuana, but worries about impacts on children and public safety. "I don't have any moral opposition to legalization," she said, "but I do feel a very strong sense of responsibility as a top cop to pay attention to the details... to make sure that if it were legalized... that vulnerable people are safe."
Private Group Sues Colorado Over Legalization. Two months ago, Nebraska and Oklahoma filed a lawsuit seeking to overturn the state's legal marijuana law, and now, two more lawsuits are being filed by a private group, Safe Streets Alliance, an anti-crime organization led by a former Reagan administration official. In one suit, two Colorado property owners are suing a handful of marijuana industry participants under federal racketeering laws and state and local officials under the charge that they are violating the constitution's supremacy clause by not enforcing federal law. In the other suit, Safe Streets joined with the Holiday Inn in Frisco to sue a number of marijuana industry participants on racketeering charges. That suit claims that a planned legal marijuana store is causing the hotel to "suffer injuries to its business and property." Pot supporters say the lawsuits are unlikely to go anywhere.
Hawaii Senate Committee Passes Decriminalization Bill. The Senate Health Committee Wednesday approved Senate Bill 596, which would decriminalize up to an ounce, replacing a petty misdemeanor with a civil infraction and a $100 fine.
Two Michigan 2016 Legalization Initiative Efforts Getting Underway. At least two different groups are eyeing a legalization initiative effort next year. East Lansing attorney Jeffrey Hank filed paperwork Tuesday for the Michigan Comprehensive Cannabis Law Reform Committee, while East Lansing-based Mitchell Research and Communications, a marijuana industry advocacy group, filed paperwork last month to create the Michigan Responsibility Council, which says it will soon transform itself into a ballot committee for 2016. Click on the link for more details.
Missouri Bill Would Free Marijuana Lifer Jeff Mirzanskey. Rep. Shamed Dogan this week filed House Bill 978, which would require the release of anyone serving life without parole for marijuana offenses. That means Jeff Mirzanskey, who is 21 years into his life sentence. Efforts have been afoot to persuade Gov. Jay Nixon (D) to commute his sentence, but he has yet to do so.
Activists Target Wasserman Schultz Over Medical Marijuana Stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.
Colorado Bill to Regulate Medical Marijuana Gets Stripped Down. The bill, Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate Wednesday, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crackdown on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.
North Dakota Medical Marijuana Bill Defeated. A bill that would have brought medical marijuana to the Northern Plains was defeated in the House Wednesday on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.
New Mexico Asset Forfeiture Reform Bill Filed. Rep. Zachary Cook (R-Ruidoso) has introduced a bill that would end civil asset forfeiture in the state. The bill is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance. It does not yet have a bill number and is not yet available on the legislative web site.
Wyoming Legislators Prepare to Try to Override Governor's Veto of Asset Forfeiture Reform Bill. Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture in the state Tuesday, but the bill passed by a veto-proof margin, and now legislators and bill supporters are angling for an override vote. The measure, Senate File 14, passed the Senate 26-3 and the House 54-6.
Undertreatment of Pain
New Federal Opiate Prescription Rules Are Causing Problems for Veterans. Restrictions on prescription opiates adopted last summer by the DEA are causing hardships for veterans, the Washington Post reports in a lengthy piece. And it's not just veterans, but they're being hit particularly hard. Click on the link for much more.
Former Federal Judge Regrets 55-Year Sentence for Pot Dealer. Utah resident Weldon Angelos has already spent more than a decade in federal prison after being convicted of three marijuana sales while he had a pistol in his sock. That pistol led to consecutive mandatory minimum sentences resulting in a whopping 55 years in prison for the aspiring rapper. Now, Paul Cassell, the then federal judge who sentenced him, wishes he had a do over. "I do think about Angelos," he said. "I sometimes drive near the prison where he's held, and I think, 'Gosh he shouldn't be there. Certainly not as long as I had to send him there... That wasn't the right thing to do. The system forced me to do it. I think that most of the time, our federal justice system succeeds," Cassell continued. "But there are some cases where it fails and the Angelos case is a prime example of that. I thought the sentence was utterly unjust to Weldon Angelos, but also unjust to the taxpayer," Cassell pointed out. "I think it's just a waste of resources to lock him up for 55 years, I don't really think anyone believes that's an appropriate sentence."
Utah Ready for Drug Defelonization, Poll Finds. Strong majorities of Utahns favor defelonizing drug possession offenses, according to a new survey from Public Policy Polling. Some 58% support defelonization, while 59% said probation and community-based drug treatment were more appropriate than jail for being caught with small amounts of drugs. The poll comes as a defelonization bill, House Bill 348, is introduced today.
UK Liberal Democrat Leader Supports Medical Marijuana. Nick Clegg, head of the Liberal Democrats, the junior partner in a governing coalition with the Conservatives, has said people should be able to use marijuana to alleviate medical problems. "I strongly agree that where there is a proven medicinal use for cannabis for instance we should make that easier for those to have access to it in a straightforward legal way in order to alleviate the symptoms that you clearly have that you know as a user are alleviated by the use of cannabis," he said. "Let's take a more intelligent approach -- where there is a clear medicinal use, make sure you have access to that in a regulated way." This is yet one more way that the Lib Dems and the Tories are at odds on drug policy.
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.)
Chronicle AM: CO 2014 Legal Pot Sales at $700 Million, Kettle Falls 5 Will Go to Trial, More (2/13/15)
Final marijuana sales figures are in for Colorado, twin legalization bills are filed in Maryland, a second Ohio legalization initiative campaign gets underway, a federal judge orders the Kettle Falls Five to trial, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
$700 Million in Legal Weed Sales for Colorado Last Year. According to the state Department of Revenue, total legal marijuana sales in 2014 amounted to $699,198,805. That's $385.9 million for medical marijuana and $313.2 million for recreational weed. Since 2014 was the rollout year for legal recreational marijuana sales in the state, look for that figure to increase next year.
Maryland Legalization Bills Introduced. Identical bills to tax, regulate, and legalize marijuana were filed in the state House and Senate last week. Sen. Jamie Raskin (D-Montgomery County) and Del. Curt Anderson (D-Baltimore) filed the bills, which would allow adults 21 and over to possess up to an ounce and grow six plants at their homes and set up a system of regulated marijuana commerce. The Senate version is Senate Bill 531; the House version is House Bill 911.
New Hampshire Decriminalization Bill Gets Hearing Tuesday. There will be a public hearing on House Bill 618 Tuesday, as well as pre-hearing press conference. The press conference is at 1:30pm and the hearing is at 2:30pm. The bill would decriminalize the possession of an ounce or less and make growing six or fewer plants a misdemeanor.
Second Ohio Legalization Initiative Coming. A second Ohio group wants to put legalization on the 2016 ballot. Responsible Ohioans for Cannabis is turning in a ballot petition and 1,000 preliminary signatures today for its proposed constitutional amendment to legalize marijuana. The amendment would legalize marijuana for those 18 and older, allow for marijuana commerce, and allow non-commercial grows of up to 99 plants and possession of up to 99 pounds. Another group, Responsible Ohio, is also in the early stages of its petition drive. The Responsible Ohio measure would set up 10 designated commercial grows and has no provision for home grows.
Federal Judge Rejects "Kettle Falls 5" Request to Throw Out Charges. Five Washington state medical marijuana patients being prosecuted by federal authorities will have to go to trial. A federal judge Thursday refused to dismiss the criminal case against them, even though the prosecution appears to violate Justice Department guidelines for medical marijuana prosecutions and even though marijuana is now legal in their state.
West Virginia Food Stamps Drug Testing Bill Filed. After a month of deliberations, the state Senate Committee on Health and Human Resources has announced a bill that would create a one-year pilot program in which food stamp applicants in three counties would be subject to screening for drug use and some would be required to take and pass drug tests at their own expense. The measure is House Bill 2021.
California Bill Would Hike Penalties for School Zone Drug Sales. State Sen. Tony Mendoza (D-Artesia) has filed Senate Bill 212, which would add three, four, or five years to sentences for drug sales or manufacturing within 1,000 feet of a school or preschool. The bill would also extend existing school zone law to include private property within the zone.
Massive Raid on Liverpool Nightclub. Garlands nightclub, one of the city's oldest and most popular, has been shut down after a massive police raid Thursday night. More than 140 officers stormed the club after a months-long investigation into drug sales at the venue. Police were seeking a court hearing today to shut it down permanently. More than 300 revelers were evicted from the club before police searched it. Police said they found large quantities of drugs on the scene, but only arrested two men.
Chronicle AM: Drug Czar Confirmed; ME, OH Pot Initiatives Get Going; WY Asset Forfeiture Reform, More (2/10/15)
2016 marijuana legalization initiative efforts are taking first steps in Maine and Ohio, Alaska lawmakers try to deal with implementing legalization there, Wyoming passes a bill ending civil asset forfeiture reform, CBD medical marijuana bills are moving in Virginia, we have a new drug czar, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Alaska Lawmakers Continue to Struggle With Implementing Legalization. The Senate Judiciary Committee is now considering a new version of its bill to implement marijuana legalization after an earlier version was criticized for only providing a defense in court for marijuana possession instead of legalizing it outright, as voters envisioned when they passed the legalization initiative last fall. The new version simply removes marijuana, hash, and hash oil from the state's controlled substances laws. Use of marijuana would still be illegal in some circumstances, including while driving and on ski lifts. The committee was set to take up the bill today.
Maine Group Submits Legalization Initiative for 2016. One of the groups interested in putting a legalization initiative on the 2016 ballot has filed its initiative with the secretary of state's office. Legalize Maine is first off the blocks in the state and claims it will make Maine "the first state with a home grown group leading the charge to have local people and small farmers benefit from legalizing marijuana." Legalize Maine's initiative would allow adults 21 and older to possess 2.5 ounces of marijuana outside of their homes, require that 40% of cultivation licenses go to small-scale farmers, and allow marijuana social clubs, where people could buy and use the drug. It would also tax marijuana sales at 10%, a higher rate than the one that applies to prepared food, lodging and liquor. The Washington, DC-based Marijuana Policy Project is also looking at a legalization initiative in the state. Initiatives will need some 61,000 valid voter signatures to qualify for the ballot.
Ohio Legalization Group in First Phase of Initiative Signature-Gathering. Responsible Ohio has released summary petition language for its proposed 2016 legalization initiative. The group now needs to file 1,000 valid voter signatures with the attorney general's office for this first phase of the initiative process. The group's plan is for 10 sites in the state to be allowed to grow marijuana commercially. The marijuana would then be quality-tested and distributed to state-regulated dispensaries (for patients) and retail marijuana stores. Marijuana would be taxed at 15%. There appears to be no provision for home cultivation. If approved for general circulation, the petition would need 305,000 valid voter signatures to qualify for the November 2016 ballot.
Virginia House Approves CBD Cannabis Oil Bill. The House of Delegates today approved House Bill 1445 on a vote of 98-1. Similar legislation has already passed the Senate. The bills would allow for the use of cannabis oil for children suffering medical conditions that bring on life-threatening seizures.
Southern Oregon Farmer Gets First Hemp License. Edgar Winter, an Eagle Point farmer, has obtained the state's first license to produce industrial hemp and says he and a nonprofit group intend to plant 25 acres in hemp this spring. That's if they can get the seeds, which requires the approval of the DEA. Stay tuned.
Wyoming House Passes Bill Ending Civil Asset Forfeiture. A bill requiring that an individual be convicted of a drug felony before his property could be seized passed the House yesterday. Senate File 14 passed the Senate earlier in the session. It's the first bill to make it through the state legislature this year. No word yet on if the governor plans to sign or veto it.
Lives Saved By Miracle Drug Naloxone Pass 300 in North Carolina. The North Carolina Harm Reduction Coalition has received a report of the 300th state drug overdose reversed by the opiate overdose reversal drug naloxone. In the past year and a half, the coalition has distributed more than 7,300 naloxone kits through a network of staff, consultants, and volunteers. The coalition has also been instrumental in getting law enforcement on board with naloxone. Nine departments in the state currently carry naloxone.
Missouri Activists File Lawsuits Against Drug Task Forces. Show Me Cannabis has filed lawsuits against three Missouri drug task forces, accusing them of failing to comply with the state's Sunshine Law. "Missouri's drug task forces, who are trusted to enforce the law, routinely act as though they are themselves above it," plaintiff Aaron Malin said. "The citizens of Missouri have a fundamental right to know what their government is doing on their behalf, and that is why the Sunshine Law was enacted. Missouri's drug task forces have repeatedly ignored their legal obligations, and today we are taking them to court to force them to follow the law." Read the complaint and related documents here.
Michael Botticelli Confirmed as Drug Czar. The Senate last night confirmed acting drug czar Michael Botticelli as the new head of the Office of National Drug Control Policy. He had served as the office's deputy director and before that, he spent nearly two decades overseeing substance abuse programs for the state of Massachusetts. "Michael Botticelli represents, in many ways, a significant improvement on all his predecessors as drug czar," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "It's not just that he comes from a public health background but that he seems truly committed to advancing more science-based and compassionate drug policies where the politics allow. What he most needs to do now is shed the political blinders that impel him both to defend marijuana prohibition and close his eyes to highly successful harm reduction measures abroad."
British Parliamentary Conference Will Discuss Drug Policy Alternatives. A conference next month hosted by the parliament's House of Commons Home Affairs Committee will discuss alternatives to Britain's much criticized drug laws and how to influence the looming international debate on drugs. It will feature a leading Liberal Democrat, officials from Mexico's foreign ministry, and harsh critics of the drug war status quo, including Danny Kushlick of Transform, and former Advisory Council on the Misuse of Drugs head Prof. David Nutt.