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Marijuana Industry News March 22, 2013
Tom Ammiano Back with New California Legalization Bill…
The lack of a statewide system in place to regulate medical marijuana has plagued California since the program’s inception in 1996. A patchwork of legal fixes have either been implemented or proposed, but no effort, to date, has really solved the issue. Federal authorities would likely be less motivated to conduct raids if a uniform set of laws was instituted in California. Other states, such as Colorado have experienced far less problems with organized crime and federal interference due in large part to proper regulation at the state level. State Assemblyman, Tom Ammiano, is trying to get a bill passed that would set up a state regulated system. He has attempted this previously, only to find resistance from both law enforcement and activists. Many accused his proposal of being too vague. Mr. Ammiano is back with a new proposal and law enforcement is already issuing criticism. The bill would have marijuana be regulated like alcohol, an idea that is clearly gaining momentum as both Colorado and Washington have passed similar laws.
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Marijuana Arrests Cost NYC One Million Police Hours During Mayor Bloomberg’s Tenure as Mayor
New York’s “Stop and Frisk”, a legal loophole used by law enforcement to defeat the spirit of the state’s marijuana decriminalization bill, has been receiving considerable media attention as of late. Community organizers have been vocal in letting NYC Mayor Michael Bloomberg and Police Commissioner Ray Kelly know that they do not support the high arrests for small marijuana possession. These arrests tend to target Black and Hispanic teens. Governor Cuomo is trying to get Albany lawmakers to adopt new legislation to put an end to “Stop and Frisk”. A new statistic will likely embolden the Governor and residents who wish to see their tax dollars put to better use. According to the Drug Policy Alliance, New York City has spent over one million police hours pursuing marijuana arrests since Michael Bloomberg became mayor (11 years ago). In a city as vast and populated as New York, residents are getting fed up with the direction law enforcement has taken. Many neighborhoods are still dangerous and police may be able to utilize their time in a way that would help the city. The relationship between police and residents has degenerated, due in large part to “Stop and Frisk.”
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Push For Medical Marijuana in Florida Gets Huge Financial Support…
Although many associate Florida with retirees, the Sunshine State is also known for its large number of indoor marijuana grows. Even though penalty and cultivation penalties are harsh in Florida, the black market for marijuana is tremendous, especially as so many seek physical relief. Past efforts to legalize marijuana in Florida have failed. However, activists may find more success as they are about to be bankrolled by two top democratic fundraisers in Florida. One the individuals is John Morgan, who recently became the chairman of the People United for Medical Marijuana-Florida. The group has previously struggled to raise enough money to get their message out. Kim Russell, the group’s founder recently said they “were just scraping pennies together” to get by. John Morgan appears ready to take his successful political fundraising techniques to the group. Earlier this week he said “I’m prepared to keep raising money and writing checks until I get the signatures to put it on the ballot.” Political analysts are wondering how influential John Morgan’s fundraising can be, especially as he has raised considerable funds for high profile candidates, including President Barack Obama.
New Hamphire Set to Overhaul Marijuana Laws
The road to sensible marijuana reform has been long and windy for activists. Decades of frustration has now given way to frequent victories. Colorado and Washington may have altered the conversation permanently. After the 2012 election, decriminalization and legalization are no longer a fringe issues.
Another state appears ready to join the marijuana reform movement. New Hampshire lawmakers are considering two new marijuana bills. One bill would legalize medical marijuana while the second bill would decriminalize up to one ounce of marijuana. New Hampshire would become the 19th state to allow the medical use of cannabis if they pass the bill. There have been attempts to create a medical marijuana program in New Hampshire over the past few years.
Although previous bills have failed, many in New Hampshire are confident that the political situation is different this time around. Momentum has shifted across the country as public support for marijuana reform has reached an all-time high. Matt Simon, of Marijuana Policy Project, is feeling confident that New Hampshire lawmakers are poised to finally pass major marijuana reform laws. He recently said “There is an increasing appetite in the House for reforms, and I would say that appetite goes beyond therapeutic use.” Republican State Senator, Jeb Bradley, feels less optimistic about a decriminalization bill surviving the political process. However, Senator Bradley did mention that he thought a medical marijuana was likely to pass.
Even if New Hampshire does not see further reform beyond legalizing medical marijuana at this time, it is starting to seem as if it is only a matter of time. The public pressure is on as many Americans would like to see an end to unnecessary incarcerations and money wasted on by law enforcement.
Marijuana Industry News March 15, 2013
International Leaders Want U.S. to Go After Legal Pot in Colorado and Washington…
Even as it is clear a vast majority of Americans wish to see marijuana laws reformed, the Federal government has resisted. One of the most complex situations for federal authorities is permitting legalized marijuana while abiding by international treaties. In 1961, the U.S. took part in the U.N. Single Convention on Narcotic Drugs. Officially we are expected to uphold our part as a party of this agreement. However, the United States has not exactly been weighed down by the past burdens of international treaty. Raymond Yans, president of the International Narcotics Control Board, recently said that federal law (where marijuana is still illegal, despite state laws on the contrary) was “good, but insufficient.” The momentum has clearly shifted and now fewer politicians in the United States seems inclined to come on to national airwaves and voice support for the continued and failed War on Drugs. Whether or not it is correct on the part of the American people, we typically do not respond well to the U.N. lecturing us. If Raymond Yans decides to come to America and give a speech on how he feels a 50 year old treaty is more important than suffering patients, or individual liberties, it should make for excellent television.
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Mass. Attorney General Dismantles Ban on Dispensaries…
Due to a successful ballot initiative by residents, Massachusetts is one of the newest states to approve the use of medical marijuana. Of course, controversy soon followed. Even before any dispensaries have opened, local municipalities have enacted bans. However, outright bans have been ruled illegal by the attorney general. A spokesperson for the Massachusetts attorney general’s office said “The act’s legislative purpose could not be served if a municipality could prohibit treatment centers within its borders, for if one municipality could do so, presumably all could do so.” However, local municipalities will have considerable power in overseeing dispensaries. They will be able to set out guidelines as to where dispensaries can be located, such as requiring they be a certain distance from schools, parks etc. This represents a major victory for patients as other states have adopted medical marijuana legislation, only outlaw dispensaries. This leaves the program in limbo. Most patients cannot be depended on to cultivate their own effective and safe medicine without the help of dispensaries.
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Governor Andrew Cuomo Includes Marijuana in NY State Budget Discussions…
Last year, New York State Governor Andrew Cuomo decided to shift his hard line view on marijuana reform. The second generation New York governor ran his 2010 campaign with a seemingly inflexible view on marijuana. However, clarifying New York’s decriminalization law from the 1970s has been gaining momentum, especially in New York City. While possession of less than 25g is supposed to yield a civil citation (ticket), a loophole has allowed police to slap harsher charges. However, if marijuana is in plain view, then the offense is escalated to a misdemeanor charge. A tactic known as “Stop and Frisk”, easily allows police to capitalize on the loophole. Officers will tell someone to take marijuana out of their pocket, police can then arrest the individual for having it in “plain sight”, even as they were following the instructions of the officer. The tactic tends to disproportionately target young Hispanic and African Americans even as white teens smoke marijuana in higher numbers, and represent more of the general New York population. Governor Andrew Cuomo was initially mocked for proposing a solution to “Stop and Frisk”. He has argued that “plain sight” and concealed possession should both result in a civil citation charge. The proposal has gained popularity as communities have grown weary from seeing their teens jailed, and having criminal charges following them for the rest of their lives. Brooklyn Democrat, Karim Camara, echoed the growing sentiment and told reporters “We’re not only punishing the individual; we’re punishing society.” Mr. Camara cited how difficult it is for teens with a criminal record to get into college. Additionally, measures that would save the state money (especially post Sandy) are getting their time in the limelight. As New York state enters into bitter budget negotiations, Governor Cuomo appears to be holding at least a semi hard line on reforming marijuana law. It is not yet clear how this will play out politically and if this will force state republicans to accept the change in marijuana law.
Long Wait for Medical Marijuana in Maryland May Soon be Over
Although a solid majority of Americans have been supporting marijuana reform, many lawmakers are still hesitant to cross swords with the federal government. Many of our leaders have decided doing nothing would be a safer choice than to take any new and bold legislative direction.
Governor Martin O’Malley has often found himself between this federal rock and public hard place. Mr. O’Malley has not exactly been on the side of activists looking to change marijuana law. However, he has not taken a dramatic public stance against marijuana reform as other politicians have. For the past several years, there have been multiple attempts by both lawmakers and activists to set up a viable medical marijuana program. Maryland’s governor has stated that he is afraid of state employees facing federal prosecution.
The result has been a legal stalemate and created a convoluted legal situation for Maryland residents. Medical marijuana is not permitted per se, however, a 2003 law allows for a possible medical marijuana defense. If an individual is arrested for marijuana, and can prove in court that they have a medical necessity to use cannabis, then a judge can reduce their sentence to as little as a $100 fine. However, if a state does not recognize even one condition as qualifying for medical use, exactly what guidelines are judges using to determine if a patient’s legitimate medical use?
Fortunately, it seems Governor O’Malley is going to help bring clarity to the situation. At the very least he is willing to step aside as lawmakers consider a bill to legalize medical marijuana in Maryland. Last year the governor threatened to veto the bill but has since changed his mind. Dr. Joshua M. Sharfstein, Maryland state secretary of health and mental hygiene, said the state will now take a “yellow light” approach. He said that it seems clear that state employees will not be prosecuted by federal authorities based on what has gone on in other states. Because of this Dr. Shaftstein recently said “I think we feel a little more comfortable moving forward.” Many critics will wonder exactly when there was this deep fear of state employees being arrested by the feds.
Mr. O’Malley is an influential governor and it will be interesting to see if a Maryland medical marijuana program motivates other states to enact similar programs. The fear of federal agents prosecuting state employees has been used as a shield for other states to try and prevent medical marijuana programs, including Arizona and Governor Jan Brewer. Martin O’Malley is a close ally to President Barack Obama and we do have to wonder if he has learned anything new insider information to bring about his recent political transformation.
Marijuana Industry News March 8, 2013
Ex-DEA Officials Pressure White House to Go After New Recreational Marijuana States…
As we have previously reported at Marijuana.net, federal authorities have remained relatively quiet on the issue of legal marijuana ever since the voters of Colorado and Washington state decided to legalize recreational use. The issue is gaining national acceptance as a recent Reason/Rupe poll suggested that 72% of Americans do not think marijuana users should be arrested. The poll also found that 68% of respondents do not feel growers should be arrested. Fifty three percent of those included in the national poll said they felt marijuana should be regulated in a similar fashion to alcohol. Even with swelling public support, former DEA officials are trying to convince the federal government to overpower Colorado and Washington. The retired DEA members feel that if the feds do not act now, they may lose the issue forever. Peter Bensinger, a former DEA administrator recently told the Associated Press that “My fear is that the Justice Department will do what they are doing now: Do nothing and say nothing. If they don’t act now, these laws will be fully implemented in a matter of months.” In a country where consensus is becoming a rare phenomenon, these soaring levels of support may already have signaled the point of no return. As we start to feel the impact of sequestration and lack of compromise, DEA officials may find it a tough sell to continue using tax dollars to go after marijuana users and growers. Additionally, federal law is actually preventing billions in potential tax revenue that is desperately needed.
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New Jersey Lawmakers Seeking to Keep Medical Marijuana Patients on Organ Transplant List…
Many lawmakers around the United States have long snickered at medical marijuana. The easy and quick analysis is that it MUST be front a for those looking to circumvent the law. However, for many this is the most serious issue they have ever encountered in their life. As millions worldwide have improved their quality of life with medical marijuana use, naïve talking point politicians have been slow to research the issue. One major problem for elderly medical marijuana patients is that they typically taken off organ recipient lists. This places them in a difficult situation. How does one value the long term (needed organ transplant) over the short term (immediate daily pain relieved by cannabis)? New Jersey is attempting to fix this before it becomes a major issue in the Garden State. Earlier this week, New Jersey’s Senate Health, Human Services and Senior Citizens Committee passed S-1220. The panel stated that S-1220 “would provide that a registered, qualifying patient’s authorized use of medical marijuana would be considered equivalent to using other prescribed medication rather than an illicit substance and therefore would not disqualify the person from needed medical care, such as an organ transplant.” It took New Jersey several years to cut through their bureaucratic red tape and institute a medical marijuana program passed under previous Governor, Jim Corzine. However, it is reassuring to see that they are taking a compassionate approach with this issue. In a press release by the bill’s co-sponsors, lawmakers said that removing patients from the organ recipient list because of medical marijuana use is a practice that is “unconscionable as the patients have followed their doctors’ orders and have taken a legal medication to reduce the pain and suffering associated with their illness. Transplant centers should not be able to discriminate against people for using this prescription pain killer.”
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Michigan Judge Rules that Medical Marijuana Patients Cannot be Denied Unemployment Benefits…
The story above highlighted a victory for patients in New Jersey. We also have good news to report for those patients in Michigan. Last August, a Michigan court ruled that the Michigan Marijuana Act of 2008 “does not offer any employment protection to card holders” and “does not regulate private employment.” In September the decision was upheld when former Walmart employee, Joseph Casias, was let go for marijuana use even as he was suffering from an inoperable brain tumor. He was also denied benefits after being let go. This week, Ingham County Circuit Judge William Collette ruled that medical marijuana patients can receive unemployment benefits after termination of employment. Medical marijuana has had a wild ride in Michigan over the course of the past several years since it was legalized in 2008. Even as Michigan lawmakers and state Attorney General, Bill Schuette, try to fight against medical marijuana, residents have made it clear they support a patient’s right to use medical cannabis. Michigan has some of the most progressive medical marijuana laws and is one of the only states that allows for minors to receive legal marijuana for certain qualifying conditions.
Hawaii Senate Votes to Decriminalize Marijuana
New states seem to be joining the marijuana reform movement on a regular basis. Last week we discussed that several states, including Maine and Maryland, are considering drastic changes to their marijuana laws. This week another state joined the conversation.
The Hawaii Senate has voted in favor of decriminalizing marijuana. The bill will now have to go before Hawaii House members. If passed by the House, the bill will decriminalize possession marijuana up to one ounce. For those charged with possession of less than one ounce, they will receive a civil citation and a $1,000 fine. The fine was included in the bill because lawmakers wanted to stress that marijuana is still illegal. A bill to legalize recreational marijuana was rejected several weeks ago by Hawaii lawmakers.
Hawaii state Senator, Clayton Hee, stated that the change in the law was not to legalize marijuana, but rather, an attempt to reduce the backlog of marijuana cases awaiting trial. If the bill passes it is expected to save Hawaii taxpayers money that would normally be allocated toward arrest, incarcerations, and trials. New Mexico lawmakers have also passed a similar bill, but former prosecutor and current Governor, Susana Martinez, has indicated that she is against relaxing any drug laws.
As economic struggles continue in America, there may be many other states that decide to re-consider how they allocate tax dollars. This week we are starting to feel the effects of sequestration. Unless Congress comes to an agreement soon, the sequestration cuts will have an even greater impact on our economy. There may be no better time for activists to make the financial case for marijuana reform.
Medical Marijuana Industry News March 1, 2013
Police Confiscate Cannon used to Fire Marijuana Across Border Fence…
Many of us have fired a potato cannon at some point in our lives. Watching a potato fly across a field is one thing, but drug traffickers have taken the idea a bit further. Recently a homemade cannon had been used to fire bags of marijuana over fences dividing the United States and Mexico. The cannons have been modified and seem to be a significant improvement over traditional potato cannons. Bags with as much as 30 pounds of marijuana have been travelling up to 500 feet. This is not the first time cannons have been used. Mexican authorities claimed to have recovered similar devices over the years. Authorities have their hands full as this is another example of difficult it has been to try and stop drug smuggling.
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Medical Marijuana Support Taking Hold in More States…
The acceptance of medical marijuana seems to be spreading at an accelerated rate. Even in the deep south, a change in attitude toward medical marijuana seems to be taking place. In Iowa, a recent poll conducted by The Des Moines Register showed that 58% of residents supported medical marijuana. In Florida, the support runs even higher. About 70% of Florida residents support a state constitutional amendment to legalize medical marijuana. The support numbers are so high that many political analysts believe the issue may impact the state’s governor race. Florida has a high number of elderly residents who may need pain relief. Additionally, Florida is also known for illegal indoor grows, and is considered to have the most in the United States.
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Majority of California Residents Support Legalization of Recreational Marijuana…
While many around the country think the title of this section is a no brainer, overall support to legalize recreational marijuana has a rocky history in the state. Past efforts have failed to gain enough support. Like many states, there is a difference in attitude in rural areas vs. urban areas. However, as the entire country starts to accept marijuana, the state where the modern movement started may also be on board. The Field Research Corporation conducted the poll which found that 54% of California voters support legalizing recreational marijuana. In 2010, a similar poll found that 50% supported the idea. Support for the continued federal efforts to raid medical marijuana dispensaries received support from only 27% of residents.
States Joining the Marijuana Legalization Debate in Droves
The floodgates appear to be opening wide after residents of Colorado and Washington state decided to legalize marijuana. Rhode Island has recently introduced several bills to legalize and regulate marijuana. Hawaii representatives are set to have senate hearings on decriminalization next week and another eight states have pending legislation that could legalize medical marijuana.
Maine and Maryland have now also entered the debate. State representatives in Maine, Reps. Diane Russell and Aaron Libby have created the Tax and Regulate Marijuana Act. The intent of the bill is clear as marijuana would be regulated by the government and additional tax revenues would be collected. In Maryland a similar bill is being discussed. House Bill 1453 would permit up to one ounce of marijuana and possession of three plants for Maryland residents. Both bills would include a tax of 50$ per ounce of marijuana.
It is unclear if the bills will pass. Maine in particular seems to be a bit of a long shot at this time as the legislation must go through a number of votes. If lawmakers approve the bill, residents will vote on the measure in November. At first the process sounds easy enough but that is only half of what is required. If residents do approve the measure, state lawmakers once again will have vote yes. At this time the people would have to vote again on the measure in November of 2014. It will effectively require 2 years of debate and votes to get marijuana legalization approved in Maine.
These type of delays highlight the glacial pace that has become the norm in American governing. While less voting will be required in Maryland, it still seems legalizing marijuana during the current legislative atmosphere will be difficult. Both state Republicans and Democrats agree that passage of the bill is unlikely at this time. However, the conversation seems to be shifting from “if” to “when” and activists seem emboldened after tremendous victories in Colorado and Washington.
After Months of Silence U.S. Government Responds to New Marijuana Laws
After the historic vote by the people of both Colorado and Washington to legalize recreational marijuana, a swift response by the federal government was expected. However, most federal officials have yet to utter a public response to Colorado and Washington taking legalization into their own hands. United States Attorney General, Eric Holder, did meet with high ranking officials from Washington State but made no comment to the public regarding the discussions.
The people are finally being informed of the federal government’s position on marijuana since the November election. Unfortunately, it seems only Canadian residents are being kept in the loop for the time being. U.S. Director of the Office of National Drug Control Policy, Gil Kerlikowske, told the Canadian based Maclean’s magazine that the federal government will still target marijuana growers and providers. He went on to say “I think a patchwork of policies would create real difficulties… “I don’t see the legalization of drugs and making them widely available as a good thing.”
Mr. Kerlikowske was also asked if he noticed any parallels between same-sex marriage and the current legal situation with marijuana. He responded by saying “I don’t look at marijuana as a human right, or a civil right, or even in the same venue as gay marriage…this is a public health issue.” Struggling patients seeking pain relief will likely disagree with the initial portion of the quote. As traditional medical treatments have failed so many, medical marijuana is considered a right by millions of Americans.
Mason Tvert of the Marijuana Policy Project responded by saying “We are hopeful [federal officials] will see the benefits of regulating marijuana in a manner similar to alcohol, and we are pleased to see the progress these two states are making toward doing just that.” There is validity to some of what Gil Kerlikowske stated. Marijuana is a public health issue. Providing pain relief without physically addictive opiate based medications is in the utmost interest of the people. It will be interesting to see what is said when the federal government decides to finally address its own people.
Pennsylvania Senator Wants State to Regulate and Sell Legal Marijuana
Inaction by the federal government has been prompting states to alter their marijuana laws for over 15 years. Until November, state government officials and activists have mostly been discussing medical marijuana and decriminalization laws. With residents voting to legalize recreational marijuana in Colorado and Washington, the discussion has widened its scope.
Pennsylvania State State Senator Daylin Leach is seeking to have the state government regulate marijuana in the same way as alcohol. This would increase tax revenues and place a system of control that officials currently do not have in regards to regulating marijuana. As the idea of respecting state rights, individual freedoms, reducing incarcerations rates for non violent acts, and saving tax payer dollars grows in popularity, these proposals no longer seem so far fetched.
His plan to drastically update marijuana laws has certainly gained momentum. The voter initiated plans in Colorado and Washington seems to have prompted state lawmakers across the country to propose similar measures. Rhode Island lawmakers are also discussing a similar bill. Although a recent bill has stalled among lawmakers in Hawaii earlier this week, the momentum appears to be gaining. In West Virginia, a recent Marijuana Policy Project poll show that 53% of West Virginia residents support legalizing medical marijuana. An even greater number (63%) decided feel that marijuana was a safer choice than oxycontin for debilitating pain.
Senator Leach feels legalization is only a matter of time because the majority of younger Americans “have very little interest in continuing prohibition.” He also said the legislation was important because “There are other intoxicants that are far worse that we do not treat the same way. We do not accuse people of criminal offenses for consuming.” Senator Leach is hoping to save Pennsylvania over $500 million per year with a combination of law enforcement savings and tax revenue.