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Seattle and surrounding King County are on a path to establish the country's first supervised drug consumption sites as part of a broader campaign to address heroin and prescription opioid misuse. A 99-page report released last week by the Heroin and Prescription Opiate Addiction Task Force calls for setting up at least two of the sites, one in the city and one in the suburbs, as part of a pilot project.
[image:1 align:left]The facilities, modeled on the Canadian government-funded InSite supervised injection site in Vancouver, just 140 miles to the north, would be places where users could legally inject their drugs while under medical supervision and be put in contact with treatment and other social services. There have been no fatal overdoses in the 13-year history of InSite.
Although such facilities, which also operate in various European countries and Australia, have been proven to reduce overdose deaths and drug use-related disease, improve local quality of life, and improve the lives of drug users, they remain controversial, with foes accusing them of "enabling" drug use. Thus, the report refers to them not as "safe injection sites," or even "supervised consumption sites," but as the anodyne "Community Health Engagement Locations" (CHELs).
"If it's a strategy that saves lives then regardless of the political discomfort, I think it is something we have to move forward," said County Executive Dow Constantine, discussing the plan at a news conference last week.
The safe sites will address the region's high levels of opioid and heroin use, or what the task force called "the region's growing and increasingly lethal heroin and opioid epidemic." As the task force noted, the number of fatal overdoses in the county has tripled in recent years, with the rate of death rising from roughly one a week (49) in 2009 to one very other day (156) in 2014. The current wave of opioid use appears centered on young people, with the number of people under 30 seeking treatment doubling between 2006 and 2014, and now, more young people are entering detox for heroin than for alcohol.
[image:2 align:left caption:true]Overdose deaths actually dropped last year to 132, thanks to Good Samaritan laws that shield people who aid overdose victims from prosecution and to the wider use of the opioid overdose reversal drug naloxone. But that's still 132 King County residents who needn't have died. Task force members said the CHELs would help reduce that number even further.
"The heroin epidemic has had a profound effect not just on our region, but across our country as a whole," said Seattle Mayor Ed Murray. "It is critical that we not only move forward with meaningful solutions that support prevention and treatment, but that we remove the stigma surrounding addiction that often creates barriers to those seeking help.
Not only are key local elected officials on board, so is King County Sheriff John Urquhart. He said the safe site plan was workable.
"As long as there was strong, very strong, emphasis on education, services, and recovery, I would say that yes, the benefits outweigh the drawbacks," he said. "We will never make any headway in the war on drugs until we turn the war into a health issue."
The region may willing to embrace this ground-breaking harm reduction measure, but it is going to require some sort of federal dispensation to get around the Controlled Substances Act and the DEA. How that is going to happen remains to be seen, but Seattle is ready.
The task force wasn't just about CHELs. In fact, the safe sites are just a small, if key, component of a broad-based, far-ranging strategy to attack the problem. The task force report's recommendations come in three categories:
[image:3 align:right caption:true]Primary Prevention
- Increase public awareness of effects of opioid use, including overdose and opioid-use disorder.
- Promote safe storage and disposal of medications.
- Work with schools and health-care providers to improve the screening practices and better identify opioid use.
Treatment Expansion and Enhancement
- Make buprenorphine more accessible for people who have opiate-use disorders.
- Develop treatment on demand for all types of substance-use disorders.Increase treatment capacity so that it’s accessible when and where someone is ready to receive help.
Health and Harm Reduction
- Continue to distribute more naloxone kits and making training available to homeless service providers, emergency responders and law enforcement officers.
- Create a three-year pilot project that will include at least two locations where adults with substance-use disorders will have access to on-site services while safely consuming opioids or other substances under the supervision of trained healthcare providers.
Will Seattle and King County be able to actual implement the CHELs? Will the federal government act as obstacle or facilitator? That remains to be seen, but harm reductionists, policymakers, and drug users in cities such as Portland, San Francisco, and New York will be watching closely. There have been murmurs about getting such sites up and running there, too.
The killing of a young, black, unarmed Tampa man by a SWAT team that raided his home in an operation that turned up two grams of marijuana has sparked angry protests last week, including demonstrations last Thursday where people damaged vehicles, lit fires, and threw trash at police, leaving five people arrested and a community outraged.
[image:1 align:left caption:true]Levonia Riggins was shot and killed in his bedroom by Deputy Caleb Johnson of the Hillsborough County Sheriff's Office as the SWAT team executed a search warrant based on purchases of marijuana from Riggins by undercover officers earlier this summer. Police said they used the SWAT team because they had found guns in the house a year earlier.
When deputies arrived, they broke through a window and found Riggins in bed. "Mr. Riggins then jumped up and moved his hands toward his waistband," a police spokesman explained. Johnson then fired, killing Riggins in what police called "a split-second decision." The Hillsborough State Attorney's Office is now investigating the killing, as is a sheriff's internal team.
Riggins was only the last person to be killed in drug law enforcement operations this summer that left 10 other people dead in separate incidents, including a Tennessee police officer. According to the Drug War Chronicle, which has been tracking such deaths since 2011, the year's drug war death toll now stands at 33.
That's a rate of about one a week, a rate that has held constant throughout the five years the Chronicle has been counting. Also consistent is the ratio of civilians killed to police officers killed. It has been running at about 10:1 over the five-year period, and with three officers killed so far this year, that ratio is being maintained.
Here are the rest of the summer's drug war victims and the circumstances of their deaths:
On August 18, in Apache Junction, Arizona, a Maricopa County sheriff's SWAT Team member shot and killed Larry Eugene Kurtley, Jr., 53, as the SWAT team attempted to take him into custody on drugs, drug paraphernalia, and weapons charges. A woman who left the residence as police arrived told them he could be armed, and the SWAT team then began to negotiate his surrender, police said. But Kurtley refused to come out, so police fired tear gas into the home. When he emerged from the house, he was armed, police said, and one of the SWAT deputies opened fire, killing him. Kurtley had served multiple prison sentences dating back to the 1990s. The Pinal County Attorney's Office and the sheriff's office professional standards bureau are investigating.
On August 16, just outside Augusta, West Virginia, a sheriff's deputy shot and killed John O'Handley, 55, of Yellow Springs as he reportedly grabbed the deputy's gun while being transported to jail after being arrested on methamphetamine and other charges. Deputies had originally gone to O'Handley's residence in search of a stolen motorcycle, but discovered an active meth lab in the home, as well as homemade bombs and stolen property. O'Handley allegedly reached between the front seats of the police car and grabbed the arresting deputy's gun. "A struggle then ensued," and the deputy fired one shot, striking O'Handley in the head and killing him. The shooting is being investigated by the West Virginia State Police.
[image:2 align:right caption:true]On August 9, in Jackson, Tennessee, a Tennessee Bureau of Investigation agent was shot and killed while conducting an undercover drug buy. Special Agent De'Greaun Frazier, 35,was assisting Jackson Metro Narcotics and was in the front seat of a vehicle when the man he was supposed to buy drugs from instead tried to rob him, shooting him from the back seat. That man, Brendan Burns, has now been charged with murder in his death. Frazier had earlier served on a DEA task force while working at the Millington Police Department.
On August 9, in Los Angeles, LAPD officers in Boyle Heights shot and killed Jesse Romero, 14, as he fled from them while they investigated a report of possible "gang writings" and drug activity. According to the LAPD account, Romero and another youth split up and took off running when police arrived, and a witness saw Romero shoot a handgun toward pursuing officers. One officer returned fire, striking and killing Romero. But another witness said she saw Romero pull a gun from his basketball shorts as he ran, then toss it toward a fence. The gun fired when it fell to the ground after hitting the fence, startling Romero. "He didn't shoot," she said. Police recovered an old revolver, but it is unclear how near it was to Romero's body. The officers involved were wearing body cameras, but under LAPD policy that footage is only released to the officers involved before they make an initial statement -- not to the public. The ACLU of Southern California released a statement saying it was "particularly concerned" about Romero's death and criticizing LAPD's body camera policies.
On July 7, in Clovis, California, Clovis Police serving an arrest warrant on narcotics and related charges shot and killed Adam Smith, 33, as he attempted to flee in his vehicle. Police and his girlfriend's family lured him to the family residence, but he and his girlfriend tried to escape, jumping in his van in an alley. According to police, when they confronted the pair in the alley, the girlfriend jumped out of the van, Smith slammed it into reverse, nearly hitting her, then accelerated his vehicle toward the officers. Two of the three offices opened fire, fatally wounding Smith. He was not named in initial reports, but was later identified. In another report, an acquaintance said Smith was on heroin and had repeatedly said they he would die in a "suicide by cop," especially when he was on heroin.
[image:3 align:left caption:true]On June 30, in Douglas, Wyoming, a US marshal shot and killed Jasen Scott Ramirez, 44, in the parking lot of a Catholic Church as he was leaving his father's funeral. The federal agents were seeking Ramirez to serve an arrest warrant on methamphetamine and weapons charges. Local police called to the scene after the shooting discovered 3.5 ounces of meth and two pistols in the vehicle he was driving, but it's unclear to whom the car, the guns, or the drugs belonged. It's also unclear whether Ramirez was brandishing or reaching for a weapon when he was shot and killed. The US Marshals Service has issued only a one-paragraph statement, short on details, including the name of the marshal who pulled the trigger. The agency said it would not be saying more until all investigations into the incident are concluded, including one by the Wyoming Division of Criminal Investigation. After the killing, an unconfirmed death threat was made against law enforcement, prompting authorities to temporarily lock down the county courthouse, city hall, and the hospital where Ramirez died.
On June 16, in Westminster, Colorado, a Westminster police officer shot and killed Nicholas Damon, 30, after Damon allegedly dragged the officer and ran over him with his car. Police were attempting to arrest Damon on outstanding drug and assault warrants when he hopped into his car and attempted to flee the scene. The officer involved was briefly hospitalized with "non-life threatening injuries." The killing is being reviewed by an Adams County special investigatory team.
On June 14, in Chula Vista, California, an undercover ICE agent shot and killed Fernando Geovanni Llanez, 22, as agents met with a half-dozen suspected marijuana traffickers in an apparent buy-bust deal at an Eastlake-area strip mall. The agent was part of the Homeland Security Investigations Operation Alliance drug task force, and the agency said Llanez attacked him in what could have been a robbery attempt. The agent fired several times, fatally wounding Llanez. His five companions fled, but were all chased down and arrested on charges of possession of marijuana for sale, conspiracy, and suspicion of robbery. Chula Vista police declined to confirm that it was an undercover operation and would not say if any cash or drugs were seized. There was no mention of any weapon.
On June 8, in Kansas City, Missouri, members of a DEA task force executing a search warrant shot and killed Carlos Garcia, 43, after he fired at officers from inside the house and then refused to exit, leading to an hours-long standoff. Finally, after police shot tear gas into the house, Garcia ran out the back door of the residence aiming his rifle at officers, police said. Task force members then opened fire on Garcia, killing him in the back yard.
On June 7, in Turlock, California, two Modesto police officers who were members of the Stanislaus County Drug Enforcement Agency "involved in a narcotics investigation" shot and killed Omar Villagomez after the vehicle he was driving collided with unmarked police vehicles as they attempted to arrest him. The passenger in the vehicle was not shot, but was injured by debris from the collision. He was charged with suspicion of meth possession with intent to sell, transportation of meth, possession of a controlled substance while armed, and possession of a loaded and concealed firearm.
This article was produced in collaboration with AlterNet and first appeared here.
It's been 20 years since California punched through pot prohibition and became the first state to legalize marijuana for medicinal purposes. Now, 25 states have medical marijuana laws, and more than a dozen more have taken the half-step of legalizing the medicinal use of cannabidiol (CBD) only -- not raw marijuana.
[image:1 align:left caption:true]While some of the early medical marijuana states have now moved on to full legalization -- and more are set to this year -- states in the South and the Plains are just beginning to embrace the therapeutic use of the herb. This year could see medical marijuana finally assert itself in Dixie and on the Northern Plains.
Medical marijuana is amazingly popular nationwide. A June Quinnipiac poll had support at a whopping 89%. That same month, a Prevention Magazine poll had support at 75%, not nearly as stratospheric, but still very impressive. Support won't be as strong in states where it is on the ballot this year, but should still be strong enough to get voter initiatives over the top.
There are four states where medical marijuana initiatives are approved for the ballot this year, but before we get to those, there are still a handful of loose ends to mention. In Missouri, an initiative campaign is challenging a signature count that had it fail to qualify for the ballot; in Arkansas, a second medical marijuana initiative, this one a constitutional amendment, is still trying to gather signatures (update: that measure has now qualified for the ballot); in Oklahoma, an initiative has just passed a signature-gathering hurdle but has yet to qualify, and in Montana, an anti-medical marijuana initiative is challenging a signature count that found it coming up short. These are all long-shots at this point, but the efforts aren't definitively dead.
In the meantime, the four states definitely voting on medical marijuana in November are:
Arkansas -- The 2016 Arkansas Medical Cannabis Act. A similar initiative was narrowly defeated in 2012, and Arkansans for Compassionate Care hopes to get over the hump this year. The initiative would allow patients suffering from a long list of qualifying diseases or conditions to use medical marijuana with a doctor's recommendation. Patients could possess up to 2 ½ ounces and could grow five plants and 12 seedlings if they live more than 20 miles from a "care center." They could also have a designated caregiver grow for them, with a limit of five patients per caregiver. There would be at least 39 non-profit care centers across the state.
[image:2 align:right]It's going to be a low-budget campaign. ACC says it has raised $15,000 and has a goal of $80,000. There is no significant organized opposition.
The polling is looking favorable. An Arkansas Poll from last November had support for medical marijuana at 68%, with only 26% opposed, while a June Talk Business & Politics-Hendrix College Poll had support at 58%, with 34% opposed.
Florida -- Amendment 2. Medical marijuana backers organized as United for Care were narrowly defeated in 2014 although they won 58% of the vote. That's because their initiative was a constitutional amendment requiring a 60% majority, and so is this one. It would allow patients suffering from a specified list of qualifying diseases or conditions to use medical marijuana upon a doctor's recommendation. The amount they could possess will be determined by the Department of Health. Patients could not grow their own, but would be able to purchase it at state-regulated "Medical Marijuana Treatment Centers."
This is going to be a big bucks campaign in a high-population state, just as it was last time. In 2014, Las Vegas casino billionaire and hard right Daddy Warbucks Sheldon Adelson kicked in more than $5 million to the "no" campaign. This year, he's been quiet so far, but Florida arch-drug warrior Mel Sembler has kicked in $500,000 for the opposition Drug Free Florida, and Publix supermarket heiress Carol Jenkins Barnett gave $800,000 more. United for Care has largely been bankrolled by Florida attorney and Democratic donor John Morgan. It took in more than $3 million last year, spending most of it on signature gathering, and has only raised $555,000 so far this year, although Morgan's deep pockets could come through again in the home stretch.
Even with the needed 60% majority, the polling looks good. In eight polls since January 2015, the lowest support level recorded was 61% and the highest was 80%. But the opposition is going to use that fat campaign war chest to chip away at public support.
Montana -- Initiative 182. Voters in Big Sky County approved medical marijuana in 2004, but when the scene grew too bustling, the state's conservative legislature struck back with a vengeance. In 2011, Republicans in Helena essentially gutted the medical marijuana system, shutting down dispensaries and limiting caregivers and doctors. The Montana Medical Marijuana Act repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. It also repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners, and it removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, instead requiring annual inspections by the state. Patients could continue to possess up to an ounce of marijuana and four plants and 12 seedlings. The initiative also adds PTSD to the list of qualifying conditions.
[image:3 align:left]There doesn't appear to be any recent polling on the initiative's prospects. Montana voters have approved medical marijuana in the past, but the earlier phase of medical marijuana expansion sparked a harsh reaction, and the state remains divided over the issue. After a lengthy court fight, some of the restrictions approved in 2011 will go into effect at the end of this month, and cries of lost patient access may bend public opinion.
There doesn't appear to be any significant fundraising or spending by either side in this campaign.
North Dakota -- Question 5. Also known as the North Dakota Compassionate Care Act and sponsored by North Dakotans for Compassionate Care, the initiative would allow people suffering from a list of specified medical conditions to use medical marijuana with a doctor's recommendation. The initiative envisions a system of non-profit "compassion centers," which could grow and sell medical marijuana. Patients living more than 40 miles from a compassion center could grow up to 8 plants, but they must notify local law enforcement in writing. The initiative also includes a creepy provision allowing the Health Department to "perform on-site interviews of a qualified patient or primary caregiver to determine eligibility for the program" and to "enter the premises of a qualified patient or primary caregiver during business hours for purposes of interviewing a program applicant," with 24 hours notice. Patients could purchase up to three ounces of marijuana every two weeks.
The polling data is as scarce as the trees on the North Dakota prairie, but a 2014 poll had support for medical marijuana at 47%, with 41% opposed.
There doesn't appear to be any significant fundraising or spending by either side in this campaign, either.
Will medical marijuana go four for four this year? It seems likely, but we're going to have to wait for November 8 to know for sure.
This article was produced in collaboration with AlterNet and first appeared here.
Arizona Secretary of State Michele Reagan last week certified a marijuana legalization initiative for the November ballot, setting the stage for a national election that will see the issue go directly to the voters in five states, including California, the nation's most populous.
[image:1 align:left]Four states have already legalized marijuana at the ballot box, Colorado and Washington in 2012 and Alaska and Oregon in 2014. The District of Columbia also legalized marijuana -- but not commercial sales -- in 2014.
But those states combined only have a population of about 17 million people. Winning California alone would more than double that figure and winning all five states would triple it. If all five states vote for pot, we could wake up on November 9 with nearly a quarter of the nation living under marijuana legalization.
And that could finally lay the groundwork for serious progress on ending federal marijuana prohibition. With national opinion polls now consistently reporting majorities for pot legalization, public sentiment is shifting in favor of such a move, and if voters in these five states actually do legalize it, that sentiment will have been translated into political facts on the ground. Congress may finally begin to listen.
Still, it's not a done deal. Voters have to actually go to the polls and vote. But all five initiative campaigns are well-funded, increasingly with marijuana industry money and are in a position to significantly outspend the organized opposition. They also start from a generally favorable polling position, with leads in most of the states. And they can now point to the examples of the earlier legalization states, where, despite dire prediction, the sky has not fallen, and state treasuries are growing fat with pot fee and tax revenues.
Of the five states that will take up legalization in November, four have initiative campaigns organized under the imprimatur of the Marijuana Policy Project, whose "Regulate Marijuana Like Alcohol" campaign proved so successful in Colorado. California is the one exception, with its initiative written by a group around tech billionaire Sean Parker and heavily influenced by the recommendations of the Blue Ribbon Commission on Marijuana Policy led by Democratic Lt. Gov. Gavin Newsom.
Here are the five states and their initiatives:
1. Arizona -- Proposition 205. Sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol, the initiative would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants "in an enclosed, locked space within their residences." It would also create a state agency, the Department of Marijuana License and Control, to oversee legal, licensed marijuana commerce, but would limit the number of marijuana retail shops to one-tenth the number of liquor store licenses, which would be fewer than 180. The measure would allow localities to regulate or ban pot businesses, and it would impose a 15% excise tax on retail sales, with 80% of revenues earmarked for schools and 20% for substance abuse education. The measure does not allow for public use and does not remove existing penalties for possession of more than an ounce or six plants. That means possession of 28 grams is legal, but possession of 29 grams is a felony. The measure does not provide employment rights for marijuana user and it does not change the state's bizarrely strict drugged driving law, which criminalizes the presence of inactive marijuana metabolites, but does not require actual impairment to be proven.
The campaign has raised $2.2 million so far and may need to spend every cent to win. An April poll had Arizonans rejecting legalization 43%-49% and a July poll had legalization losing 39%-52%. Those numbers are going to be tough to overcome, but with normally rock-ribbed red state Arizona shifting to battleground state status this wacky election year, the state could be a pleasant surprise come Election Day.
[image:2 align:right]2. California -- Proposition 64. The Adult Use of Marijuana Act (AUMA) initiative sponsored by Yes on 64 would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants, keeping the fruits of their harvest. It would also allow the unregulated gifting of up to a quarter-ounce of marijuana. The measure would also allow for licensed on-site marijuana consumption, or "cannabis cafes." It would allow for legal marijuana commerce regulated by a new Bureau of Marijuana Control, which would replace the existing Bureau of Medical Marijuana Regulation, and would impose a 15% retail sales tax and a $9.25 per ounce cultivation tax imposed at the wholesale level. In a nod to the state's existing ma-and-pa pot growing industry, the measure would license "micro-grows" (under 10,000 square feet), but would not allow "mega-grows" (more than ½ acre indoors or 1 acre outdoors) until 2023 at the earliest. Most remaining criminal offenses around marijuana would be reduced from felonies to misdemeanors. Cities and counties could opt out of marijuana commerce, but only by a vote of residents, and they could not ban personal possession or cultivation. The measure provides no employment protections for consumers and does not change existing impaired driving laws.
The campaign has raised $7.1 million so far, including $1.5 million from Sean parker, $1 million from Weedmaps founder Justin Hartfield, and significant contributions from the Marijuana Policy Project and Drug Policy Action, the campaign and lobbying arm of the Drug Policy Alliance. Fundraising is far exceeding the organized opposition, but in a state with a huge population and massive media markets, the campaign will need to double or even triple what it has raised so far.
The polling numbers are looking good, too. A February Probolsky Research poll had support for legalization at 59.9%, while a May Public Policy Institute of California poll echoed that with support at 60%. And the trend is upward -- the same Public Policy Institute of California poll had support at only 54% last year. California should go green on November 8.
3. Maine -- Question 1. Sponsored by the Maine Campaign to Regulate Marijuana Like Alcohol, the measure would allow people 21 and over to possess up to 2 ½ ounces of marijuana, six flowering plants, and 12 immature ones. People could also give up to 2 ½ ounces or six plants to other adults without remuneration. The measure would allow legal marijuana commerce regulated by the Department of Agriculture, Conservation and Forestry, with a 10% retail sales tax. The measure would also allow for on-site consumption, or "cannabis cafes," but would require that all pot purchased at such facilities be consumed there. Localities could regulate or ban commercial marijuana facilities.
Campaign supporters have only raised $692,000 so far, but Maine is a small state with a low population and isn't going to require millions to run a campaign. As in other initiative states, Maine opponents are trailing badly in fundraising, but will probably get some financial assistance from the prohibitionist Smart Approaches to Marijuana, which has vowed to put $2 million into the effort to defeat the five initiatives. Most of that money won't be going to Maine, though.
The polling numbers so far are encouraging, with a March MPRC poll showing 53.8% support and a May Critical Insights poll coming in at 55%. Those numbers aren't high enough for campaigners to rest easy, but they do suggest that victory is well within reach.
4. Massachusetts -- Question 4. The measure sponsored by the Massachusetts Campaign to Regulate Marijuana Like Alcohol would allow people 21 and over to possess up to an ounce of marijuana in public or 10 ounces at home, as well as allowing the cultivation of up to six plants and the possession of the fruits of the harvest. It would allow legal marijuana commerce regulated by a Cannabis Control Commission, and it includes a provision that would allow on-site consumption at licensed facilities, or "cannabis cafes." Localities would have the option of banning legal marijuana commerce enterprises. The measure would impose a 3.75% excise tax in addition to the state's 6.25% sales tax, making an effective tax rate of 10%. Localities could add local taxes of up to 2%, but they certainly couldn't collect them if they didn't allow marijuana businesses to operate. There are no employment protections for pot smokers, and the state's drugged driving laws would remain unchanged.
[image:3 align:left caption:true]Funding looks to be lagging in the Bay State, where supporters have only raised $500,000, less than in Maine, which has a significantly smaller population. Organized opposition in the form of the Campaign for a Safe and Healthy Massachusetts may be the strongest of any of the five states this year, with the governor, the mayor of Boston, and other leading public officials on board.
The polling suggests this will be a very tight race. A July 2014 poll had the state evenly split, with 48% supporting legalization and 47% opposed, and polling from last year was showing slight majorities for legalization. But a May poll had only 43% support, with 45.8% opposed, and a July poll had legalization at 41%, with 50% opposed.
5. Nevada -- Question 2. Sponsored by the Campaign to Regulate Marijuana Like Alcohol in Nevada, the measure would legalize the possession of up to one ounce by people 21 and over and would allow people to grow up to six plants -- but only if they live more than 25 miles from a retail marijuana store. The measure also creates a system of licensed marijuana commerce to be overseen by the state Department of Taxation. The measure would impose a 15% tax on wholesale marijuana sales, and retail sales would be subject to already existing sales taxes. The measure contains no provisions for on-site cannabis consumption, does not alter existing impaired driving laws, and does not provide employment rights for pot smokers.
The campaign has raised more than $1 million so far, including $625,000 from people in the marijuana industry. But it also faces significant opposition in the person of conservative money-bags Las Vegas casino magnate Sheldon Adelson, who gave $5 million to the campaign to defeat the 2014 Florida medical marijuana initiative. Adelson hasn't so far kicked in directly to defeat Question 2, but he has bought the state's largest newspaper, the Las Vegas Review-Journal, and flipped its editorial position from supporting legalization to opposing it.
Polling on the initiative campaign is scarce, but encouraging. A KTNV/Rasmussen poll just two weeks ago had the measure winning, 50% to 41%.
And there you have it. Given all the information available, our best estimate is that California is most likely to win, followed by Maine and Nevada. Arizona looks like the toughest nut to crack, followed by Massachusetts. We will know by the time the sun rises on November 9.
This article was produced in collaboration with AlterNet and an earlier version appeared here.
The DEA's decision Thursday not to move marijuana from Schedule I of the Controlled Substances Act (CSA) ended months of speculation about whether the agency would finally act in accordance with an ever-increasing mountain of evidence of marijuana's medicinal utility and either schedule it less restrictively or deschedule it altogether.
[image:1 align:right]Supporters of more enlightened marijuana policies were disappointed, but not surprised. After all, the DEA has a long history of rejecting and impeding science when it comes to marijuana. But even had DEA acted (it did ease the University of Mississippi's monopoly on growing marijuana for research purposes), the most likely move would have been grudgingly incremental, shifting marijuana from a schedule where it is grouped with heroin down to Schedule II, where it would be grouped with cocaine and methamphetamines, and still not prescribable absent FDA approval.
Or the agency could have taken some other largely unpalatable stance, such as making cannibidiol a Schedule III substance (like synthetic Marinol) while leaving the whole plant Schedule I. In any case, any move short of descheduling it entirely and treating it like alcohol and tobacco, would have left marijuana medicalized, but not normalized.
The article below was written days before the DEA's decision, but we think the discussion remains germane for understanding the issues around rescheduling and why most reformers are disappointed, but not devastated by the agency's stubborn refusal to budge.
While the DEA may move to reschedule marijuana to a lesser schedule, keeping it within the purview of the Controlled Substances Act means that it would still be illegal, even for medical use in the absence of FDA approval. Even with FDA approval, a years-long process, it would still require a prescription to obtain, which would do nothing to address legal adult marijuana sales, production, or possession in the states. Removing it from the CSA, or descheduling, is what consumers and the industry are calling for, but that is the unlikeliest outcome, even though that's how we deal with the two most commonly used recreational drugs in the United States, alcohol and tobacco.
Schedule I is reserved for substances that have "no currently accepted medical use and a high potential for abuse," the DEA notes. "Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence." Those drugs include heroin, Ecstasy, LSD, peyote…and marijuana.
For more than 40 years, the DEA has blocked efforts to have marijuana placed in a more appropriate schedule, one that reflects the plant's medicinal uses as well as its relative harmlessness compared to other scheduled substances. But that stance has grown increasingly untenable in the face of state-level medical marijuana programs and in the face of an ever-larger mountain of research that fails to find significant serious health consequences from marijuana use.
Now, the DEA is considering a decision on the most recent rescheduling petition. Earlier this year, the agency told lawmakers it "hopes to release its determination in the first half of 2016," but that clearly didn't happen. Late in June, DEA spokesman Russ Baer said the agency is "in the final stages" of making its determination. And just last week, Baer said, "We're closer than we ever were. It's a very deliberative process."
If the DEA decides not to keep marijuana in Schedule I, the most obvious incremental move would be for it to bump it down one step to Schedule II, placing pot in the same category as morphine, cocaine, and methamphetamine. That could pave the way for eventually allowing doctors to prescribe it, and would remove some roadblocks to further research. It might open the way for broader changes in financial and business regulations, although a shift to Schedule III or greater would be needed to address the debilitating 280E tax provision, which prevents cannabusinesses from deducting ordinary expenses like rent or payroll.
[image:2 align:left caption:true]But Schedule II, or any of the lesser schedules, would require that marijuana be approved by Food and Drug Administration (FDA), a lengthy and expensive process that could bankrupt businesses attempting to overcome those regulatory hurdles. And until that happens, there is no approved marijuana for doctors to prescribe. It's also unclear whether the FDA would ever approve smoked marijuana.
Members of the marijuana industry, medical marijuana advocates, and marijuana consumer advocacy groups alike expressed skepticism about the DEA's willingness or ability to respond to the scientific evidence, uncertainty about what the agency was likely to do, and a demonstrated a pronounced -- if not unanimous -- preference not for rescheduling, but for descheduling.
Matthew Huron is a founder and former board member of the National Cannabis Industry Association and founder and current CEO of Good Chemistry Colorado, a vertically integrated cannabis company, as well as the co-founder of the Wellspring Collective, which caters to seniors with health challenges. Huron isn't exactly enthused by the prospect of Schedule II.
"Just to move it to Schedule II is more complicated than we're reading about," he said. "It might just be the molecule that gets rescheduled -- not cannabis. I don't think moving it to Schedule II would really have much effect on the states. It wouldn't hurt, but it wouldn't really help. Most of us in the industry would like to see it descheduled."
The medical marijuana advocacy group Americans for Safe Access (ASA) is pushing for Schedule II, but it's not relying on the DEA to make it happen.
"We don't have a crystal ball, and we don't know what the DEA will do, but based on past history, we don't have high hopes they will reschedule," said ASA spokesperson Melissa Wilcox. "It's possible they will de- or reschedule CBD and leave whole plant cannabis at Schedule I. Who knows? The DEA tends to ignore the science."
Schedule II "would remove barriers to scientists wishing to do research, so we know best how to use cannabis -- targeting, dosing, all the questions we haven't been able to study because it is such a pain to get research done now," said Wilcox.
But with little faith in the DEA, ASA is instead pushing for a legislative solution, the Compassionate Access, Research Expansion, and Respect States' Rights (CARERS) Act, also known as S. 683, which is currently bottled up in the Senate Judiciary Committee, chaired by octogenarian prohibitionist Sen. Chuck Grassley (R-IA).
The CARERS Act would move marijuana to Schedule II, as well as deschedule CBD, open up access to marijuana business banking, and end the NIDA monopoly on growing marijuana for research, among other provisions.
"We're pretty sure this could pass, but Grassley is the gatekeeper, and we're pushing hard to get him to schedule a vote," said Wilcox.
[image:3 align:right]"Moving marijuana to Schedule II is not a solution," said Mason Tvert, communications director for the Marijuana Policy Project, which has played -- and continues to play -- a major role in advancing both medical marijuana and legalization at the state level. "It would certainly remove barriers to research, but it would still treat marijuana as if it were as harmful as cocaine and other illegal substances, when it is objectively less harmful than alcohol. We fully support removing marijuana from the schedules and treating it like alcohol," Tvert emphasized.
"We think marijuana should be removed entirely from the Controlled Substances Act," said Dale Gieringer, long-time head of California NORML, representing consumers and small growers in the nation's most populous state. "As a fallback position, we've been litigating since 1972 to get it rescheduled to Schedule II. If they do that, that would be good -- they'd only be 45 years overdue," he noted.
"From the standpoint of states that have state-legal suppliers, Schedule II doesn't accomplish a whole lot," Gieringer said. "Those state-legal suppliers wouldn't become federally legal; they'd have to first obtain FDA approval. Until that happens, everybody is an illegal producer of a scheduled drug under federal law," he said.
"Schedule II would allow doctors to write prescriptions -- but nobody could fill them," Gieringer noted. "There are international prescriptions and international suppliers, though. But the main impact would be doctors would feel better and cops couldn't argue that marijuana isn't a medicine. If they're trying to create a niche for existing legal medical marijuana state, putting it in Schedule II is like creating a square hole for a round peg."
Marijuana patients, consumers, and the industry are all waiting for the DEA to act, but aren't really holding out much hope it will do the right thing. And even the half-steps it might take, such as moving it to Schedule II or separating out CBDs for lower scheduling, aren't going to substantially alter marijuana's legal status or resolve the conflicts between state-level legality and federal marijuana prohibition. When it comes to rescheduling marijuana, there's just not that much there there.
The DEA today again refused to reschedule marijuana, arguing that its therapeutic value has not been scientifically proven. The move rejecting a rescheduling petition from two governors comes despite medical marijuana being legal in half the states and in the face of an ever-increasing mountain of evidence of marijuana's medicinal utility.
[image:1 align:left]"DEA has denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA)," the agency said in a press release. "In response to the petitions, DEA requested a scientific and medical evaluation and scheduling recommendation from the Department of Health and Human Services (HHS), which was conducted by the U.S. Food and Drug Administration (FDA) in consultation with the National Institute on Drug Abuse (NIDA). Based on the legal standards in the CSA, marijuana remains a schedule I controlled substance because it does not meet the criteria for currently accepted medical use in treatment in the United States, there is a lack of accepted safety for its use under medical supervision, and it has a high potential for abuse."
Today's action marks at least the fourth time the DEA has rejected petitions seeking to reschedule marijuana. The effort to get the DEA to move marijuana off the same schedule as heroin has been going on since 1972, and once again has garnered the same result.
The move comes despite the expansion of state medical marijuana laws at least three more states will vote on it this year -- and a growing clamor for change, including from members of Congress. Just yesterday, the National Conference of State Legislatures adopted a resolution calling on the federal government to move marijuana off Schedule I.
The agency did announce one policy change that could make it easier to conduct marijuana research. It said it would end the University of Mississippi's monopoly on the production of marijuana for research purposes by granting growing licenses to a limited number of other universities.
But that was not nearly enough for marijuana reform advocates, who scorched the agency for its continuing refusal to move the drug off of Schedule I, if not outside the purview of the Controlled Substances Act altogether.
"This decision is further evidence that the DEA doesn't get it. Keeping marijuana at Schedule I continues an outdated, failed approach -- leaving patients and marijuana businesses trapped between state and federal laws," said Rep. Earl Blumenauer (D-OR).
[image:2 align:right caption:true]"The DEA's refusal to remove marijuana from Schedule I is, quite frankly, mind-boggling. It is intellectually dishonest and completely indefensible. Not everyone agrees marijuana should be legal, but few will deny that it is less harmful than alcohol and many prescription drugs. It is less toxic, less addictive, and less damaging to the body," said Mason Tvert, communications director for the Marijuana Policy Project.
"We are pleased the DEA is finally going to end NIDA's monopoly on the cultivation of marijuana for research purposes. For decades it has been preventing researchers from exploring the medical benefits of marijuana. It has also stood in the way of any scientific inquiries that might contradict the DEA's exaggerated claims about the potential harms of marijuana or raise questions about its classification under Schedule I," Tvert continued.
"The DEA's announcement is a little sweet but mostly bitter. Praising them for it would be like rewarding a student who failed an exam and agreed to cheat less on the next one. Removing barriers to research is a step forward, but the decision does not go nearly far enough. Marijuana should be completely removed from the CSA drug schedules and regulated similarly to alcohol," he concluded.
"For far too long, federal regulations have made clinical investigations involving cannabis needlessly onerous and have placed unnecessary and arbitrary restrictions on marijuana that do not exist for other controlled substances, including some other schedule I controlled substances," said Paul Armentano, deputy director of NORML.
"While this announcement is a significant step toward better facilitating and expanding clinical investigations into cannabis' therapeutic efficacy, ample scientific evidence already exists to remove cannabis from its schedule I classification and to acknowledge its relative safety compared to other scheduled substances, like opioids, and unscheduled substances, such as alcohol," he continued. "Ultimately, the federal government ought to remove cannabis from the Controlled Substances Act altogether in a manner similar to alcohol and tobacco, thus providing states the power to establish their own marijuana regulatory policies free from federal intrusion.
It is time for Congress to step up, Armentano said.
[image:3 align:left caption:true]"Since the DEA has failed to take such action, then it is incumbent that members of Congress act swiftly to amend cannabis' criminal status in a way that comports with both public and scientific opinion. Failure to do so continues the federal government's 'Flat Earth' position; it willfully ignores the well-established therapeutic properties associated with the plant and it ignores the laws in 26 states recognizing marijuana's therapeutic efficacy," he said.
He wasn't the only one.
"It's really sad that DEA has chosen to continue decades of ignoring the voices of patients who benefit from medical marijuana," said Tom Angell, chairman of Marijuana Majority. "President Obama always said he would let science -- and not ideology -- dictate policy, but in this case his administration is upholding a failed drug war approach instead of looking at real, existing evidence that marijuana has medical value. This unfortunate decision only further highlights the need for Congress to pass legislation curtailing the ability of DEA and other federal agencies to interfere with the effective implementation of state marijuana laws. A clear and growing majority of American voters support legalizing marijuana outright and the very least our representatives should do is let states implement their own policies, unencumbered by an outdated 'Reefer Madness' mentality that some in law enforcement still choose to cling to."
Given that the DEA and the executive branch have proven -- once again! -- unwilling to remove the ideological blinders from their eyes, it is now indeed up to Congress. Perhaps after this coming election cycle, in which we are likely to see more states vote to approve medical marijuana and even more vote to just legalize it, Congress will see the writing on the wall.