A petition aimed at allowing the adult use of marijuana in Nevada has met its signature requirements and will be submitted to the 2015 state legislature.
According to The Washington Post:
Supporters of the measure to make marijuana legal in Nevada turned in 138,453 valid signatures, according to the Secretary of State Ross Miller’s (D) office, far above the approximately 100,000 valid signatures necessary to qualify an initiative.
The Las Vegas Review-Journal provided a good rundown on where it will go from here:
The state legislature has 40 days to act on the measure. If lawmakers pass it and the governor signs it, the measure becomes law. If the legislature does nothing or the governor does not sign the measure, the initiatives will go on the ballot for voters to decide in 2016.
Furthermore, if lawmakers amend the measure, both the original version and the amended version would go on the ballot. If the initiative passes with more than 50 percent of the vote, the one with the larger number of “yes” votes become law.
Alaska, Coalition to Regulate Marijuana Like Alcohol, Las Vegas Review-Journal, Marijuana Policy Project, Nevada, Oregon, Secretary of State Ross Miller, The Washington Post, Washington D.C.
A significant majority of Wyoming’s residents approve of making medical marijuana legal.
According to The Washington Post:
A University of Wyoming poll, which included 768 residents statewide, found 72 percent of the respondents to support marijuana use if it is recommended by a physician, while only 25 percent oppose it.
However, only 35 percent of the survey respondents favor legal, recreational use of the substance, while 60 percent are opposed to it.
KBZK.com reported:
Survey responses concerning recreational marijuana show a modest increase supporting adult marijuana use and consistency on the issue of medical marijuana use, said Jim King, University of Wyoming professor of political science and co-director of the survey.
“Our 2000 poll showed 23 percent approving legalization of marijuana in general, so, there has been a bit of a shift in public opinion on this aspect of the marijuana debate,” King stated. “On the other hand, the 2000 and 2014 surveys have the same proportion of Wyoming residents, 72 percent, accepting medical marijuana use.”
Although Wyoming residents do not support legalization of marijuana for personal use, they accept reduced penalties for those apprehended in possession of marijuana. Nearly two-thirds of those surveyed, 62 percent, believe the penalty for marijuana possession should not include time in jail; 32 percent support jail sentences.
At the very least, a large portion of survey respondents have demonstrated their support for making medical marijuana legal, as well as reducing the criminal penalties associated with the possession of marijuana. As more and more states continue to adopt sensible marijuana policies, it seems likely that public opinion will continue to shift in a direction towards increased support for the adult use of marijuana.
Jim King, KBZK.com, The Washington Post, University of Wyoming, Wyoming
In a recent article in Alternet, Dr. Marsha Rosenbaum of the Drug Policy Alliance suggested that not only will making marijuana legal for adults likely not lead to increased teen use, but could improve the methods and resources we use to educate them about drugs.
Many worry that legalization might “send the wrong message,” leading to an escalation in teenage use.
[caption id="attachment_8379" align="alignright" width="190"] Dr. Marsha Rosenbaum[/caption]
As a federally funded researcher, I regularly check survey data and am reassured by the annual Monitoring the Future survey of high school students’ drug use, which found recently that a majority of teens say that even if marijuana was legal, they would not try it. Preliminary data from the post-legalization 2013 Healthy Kids Colorado Survey revealed that high school marijuana use in Colorado had actually decreased.
This has also been the case in states where medical marijuana is legal. Research published in prestigious journals such as the American Journal of Public Health and the Journal of Adolescent Health generally show no association between medical marijuana laws and rates of teenage marijuana use. In California, where such laws have been in place for 18 years and are perhaps most lenient, marijuana use among teens is less prevalent now than before medical marijuana was legalized, according to the recent California Student Survey.
Even if legalization for adults does not affect teenage use, it does present an opportunity to re-think our approach to drug abuse prevention and education – both in school and at home.
...
It’s time to get realistic – to devise innovative, pragmatic strategies for dealing with teens, marijuana, alcohol, and other drug use in this new era.
You can find out more about Rosenbaum's innovative approach to drug education here.
Alternet, California Student Survey, Drug Policy Alliance, Healthy Kids Colorado, Marsha Rosenbaum, Monitoring the Future, teen use
Recently, a petition to expand the list of qualifying conditions for Connecticut’s medical marijuana program was introduced to the Medical Marijuana Program Board of Physicians.
According to Yale Daily News:
Registered patients and medical representatives attended last Wednesday’s hearing in Hartford calling for four additional medical conditions to be legally treated through medical marijuana. Members of the public gave testimonies before the board petitioning for the recognition of each of the conditions — sickle cell disease, Tourette Syndrome, psoriasis arthritis and Post-Laminectomy Syndrome — a common issue following back surgery.
The meeting concluded with the proposal left unresolved, allowing for additional testimonies and materials to be submitted to the board before Dec. 12. Commissioner of Consumer Protection William Rubenstein said that the board’s next meeting in January will deliberate on the petitions and decide whether to add the conditions.
If the board approves these conditions, members must take further steps before the additions become formally recognized. Rubenstein noted that a letter of recommendation must be submitted by the board to the commissioner of Consumer Protection before another public hearing is held. The motion will be approved only after a regulations review by the general assembly, he said.
Having only just been implemented in September, Connecticut’s medical marijuana statute allows for members of the public to request other debilitating conditions be added to the original 11 eligible for medical marijuana. However, other states have similar policies that have already been amended to include additional medical maladies.
Now that Connecticut’s medical marijuana program is underway, the state’s lawmakers must approve the expansion of coverage so that patients with conditions that could be treated with the use of medical marijuana receive their medicine and symptomatic relief as well.
Connecticut, Hartford, Medical Marijuana Program Board of Physicians, William Rubenstein, Yale Daily News
Last month, a Michigan Court of Appeals overturned the conviction of a man charged with cultivating marijuana for medical purposes. During the original trial, the prosecutor used her closing arguments to viciously criticize Michigan’s medical marijuana program.
The prosecutor’s closing argument was clearly and thoroughly improper. The prosecutor embarks on a political commentary, and a personal diatribe discrediting the MMA as a whole, claiming (without supporting evidence) that its protections are being abused by recreational users and exploitative physicians…and suggests that those suffering from chronic pain are simply cheating the system. She also denigrates the general population of lawful medical marijuana users, claiming that they attract violence to the community and advocate that everyone be allowed to “walk around stoned.” Finally, she states that it is unfortunate that the jury cannot judge the MMA…By making these unfounded, irrelevant and inflammatory statements, the prosecutor essentially argues that defendant’s affirmative defense is nothing more than a drain on the community, and that even if he is innocent under the MMA he is simply exploiting the system. As a result, the prosecutor encouraged the jury to convict defendant despite the protections of the Section 8 defense. This affected defendant’s substantial rights.
Hearing people in law enforcement use their positions to inappropriately cast dispersions on medical marijuana laws and patients is nothing new, but this is a rare occurrence where the consequences negatively impacted the prosecutor instead of the patient on trial. Police and prosecutors in medical marijuana states need to respect their laws instead of using people’s lives and freedom to protest policies they do not like.
Court of Appeals, Karen Bahrman, Medical Marijuana Act, Michigan, Paul Heminger, Section 8
After the passage of Initiative 71 in November, which made small amounts of marijuana legal for adults in the nation’s capital, D.C. residents are awaiting approval from Congress when the new session resumes in January. Despite limited opposition, statements by the new chairs of two key committees are making advocates hopeful that Congress will not interfere.
According to Roll Call:
Rep. Jason Chaffetz, R-Utah, won a four-way contest for the Oversight and Government Reform Committee on November 18. Two days later, he met with Del. Eleanor Holmes Norton, D-D.C., to lay the groundwork for a working relationship.
In a statement, Norton expressed optimism that Chaffetz would continue the tradition of staying out of D.C. affairs. The Utah Republican acknowledged that members of Congress “have a role to play” in oversight over the District, though he said he does not expect the committee to interfere unless in an unusual circumstance.
In the Senate, the likely coming chairman of the committee with authority over D.C. shares Chaffetz’s hands-off philosophy.
“I’m somebody who really thinks the federal government should be very limited and where governing is best close to the governed,” Sen. Ron Johnson, R-Wis., who is expected to take the role of chairman of the Homeland Security and Governmental Affairs Committee, said Nov. 19. “You know, I really look for local control as much as possible so I’ll try and – unless there’s some real massive imperative—let D.C. governance take care of itself.”
One of the first District issues Chaffetz and Johnson will confront as chairmen is how to address making marijuana legal in the D.C., since voters overwhelmingly supported a ballot initiative to make the possession and cultivation of small amounts of marijuana legal.
Both Chaffetz and Johnson are personally against the adult use of marijuana, but Johnson indicated that he would be open to holding a hearing to examine how legal marijuana is playing out in the four states that passed similar measures.
Given the successful implementation of legal marijuana markets in Colorado and Washington and the overwhelming support from voters, Congress should enable D.C. to move forward as well.
Colorado, D.C., Del. Eleanor Holmes Norton, Homeland Security and Governmental Affairs Committee, Initiative 71, Oversight and Government Reform Committee, Rep. Jason Chaffetz, Roll Call, Sen. Ron Johnson, Utah, Washington
As Texas lawmakers prepare for the state’s next legislative session, marijuana policy reform advocates are already pushing for the introduction of several bills that would drastically improve current policies.
According to the San Antonio Current:
[caption id="attachment_8364" align="alignright" width="196"] Harold Dutton[/caption]
On December 2, Houston Representative Harold Dutton, D-142, filed a bill seeking to reduce certain penalties for marijuana possession.
…
As explained by the Marijuana Policy Project’s Texas Political Director, Heather Fazio, who briefly looked at a copy of the bill (H.B. 414), it would classify a conviction for possession of one ounce or less of marijuana to a Class C Misdemeanor instead of a Class B. However, if a person is convicted three times it would be bumped back to a Class B Misdemeanor.
Moreover, while the bill would allow for cite-and-release, a suspect may also be arrested. If convicted, the fine would be $500.
There are downsides to the bill though, Fazio said. She explained that arrest is traumatizing and may result in negative consequences regarding family and employment. She also thinks the $500 fine is rather excessive. Furthermore, there is the criminal record that comes with a conviction, which for a small-time marijuana charge, results in unnecessary harm to education, employment, and housing.
“We are proposing an alternative. [MPP emphasis added] Our bill will make the possession of 1 oz. or less a civil penalty, removing the opportunity for arrest, jail time, and a criminal record. The fine would cap at $100,” Fazio stated, adding the El Paso Representative Joe Moody, a former prosecutor who serves on the House Criminal Jurisprudence Committee, would introduce the bill in approximately two weeks.
The Marijuana Policy Project and our allies are working to introduce a variety of marijuana policy reform legislation in Texas over the next few years. With all the current excitement and national interest in marijuana policy reform, hopefully Texas lawmakers will join in implementing more sensible marijuana laws when the legislative session convenes.
Class B Misdemeanor, Class C Misdemeanor, El Paso Representative Joe Moody, H.B. 414, Heather Fazio, House Criminal Jurisprudence Committee, Houston Representative Harold Dutton, Marijuana Policy Project, San Antonio Current, Texas, Texas Legislature
According to Yahoo News:
[caption id="attachment_8361" align="alignright" width="300"] Tabare Vazquez[/caption]
Tabare Vazquez, who served as president of Uruguay from 2005-2010, easily won Uruguay’s presidential election against rival, center-right candidate Luis Lacalle Pou, returning to power a left-leaning coalition that has helped legalize gay marriage and moved to create the world’s first state-run marijuana marketplace.
The runoff vote counted Vazquez to have 53 percent in support of his reelection. Lacalle Pou, on the other hand, who promised to undo much of the plan to put Uruguay’s government in charge of regulating the production, distribution, and sale of marijuana on a nationwide scale, garnered only 40 percent in support of his election.
…
Vazquez, who previously served as President of Uruguay, belongs to the Broad Front coalition, which has been in power for a decade and has passed laws supporting same-sex marriage and a nationwide marijuana marketplace, among many other social issues.
Therefore, Vazquez’s popularity and experience, coupled with current President Jose Mujica’s popularity, as well as the country’s strong economy that remained consistent during Mujica’s tenure, aided in propelling Vazquez’s reelection into office.
This is good news for the marijuana policy reform movement. Hopefully, Vazquez’s tenure in the world’s first state-run marijuana marketplace will demonstrate the successes of regulating marijuana on a nationwide scale and influence other countries around the world to implement sensible marijuana policies.
Broad Front coalition, Luis Lacalle Pou, President Jose Mujica, Tabare Vazquez, Uruguay, Yahoo News
Colorado marijuana businesses may soon be able to move away from using cash-only systems.
According to The Denver Post:
The Colorado Division of Financial Services … issued Fourth Corner Credit Union an unconditional charter to operate, the first state credit-union charter issued in nearly a decade.
The next hurdles will be obtaining insurance from the National Credit Union Administration, the federal regulator of credit unions, and getting a master account from the Federal Reserve System.
Gov. John Hickenlooper’s office called the charter “the end of the line” for the state’s efforts to solve the marijuana industry’s nagging problem: obtaining banking services. Although the NCUA insurance is not guaranteed — sale and consumption of marijuana remain illegal under federal law — Fourth Corner can operate until NCUA makes its decision.
“A Colorado law of 1981 allows a credit union to open its doors while an application for share-deposit insurance is pending,” said attorney Mark Mason, one of Fourth Corner’s key organizers.
Currently, many banks and other financial service providers have been unwilling to work with the marijuana industry out of fear of violating federal law. Some lawmakers have been trying to address this issue with the help of the National Cannabis Industry Association, but until they are successful, such credit unions may be the only solution available to marijuana businesses.
Colorado, Colorado Division of Financial Services, Denver Post, Fourth Corner Credit Union, John Hickenlooper, Mark Mason, National Cannabis Industry Association
According to a report acquired by the Phoenix New Times, Arizona stands to gain $48 million in tax revenue annually by regulating marijuana like alcohol:
The Joint Legislative Budget Committee produced a report in September on the estimated impact of legal marijuana, but didn't release the data publicly. New Times obtained a copy of the report this morning.
Prepared in response to a legalization bill proposed earlier this year by a group of Democrats, the JLBC report shows that Arizona could enjoy a large boost in revenue for schools, health care and other services simply by taxing people who already use marijuana.
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The Democrats' bill would have made marijuana legal for adults 21 and older, and would have allowed the plant to be sold in retail shops with an added $50-per-ounce tax.
The bill died in committee back in April, but a similar measure could be revived when the legislature reconvenes in January. Whether or not lawmakers do anything, Arizona voters are likely to see a legalization initiative on the ballot in 2016. Coordinated by the Marijuana Policy Project, the initiative is still in the drafting stage but will almost certainly include a tax-collection scheme.
To learn more about MPP’s efforts in Arizona, make sure to sign up for email alerts.
Arizona, Joint Legislative Budget Committee, Phoenix New Times, revenue, tax