The Marijuana Policy Project filed a complaint Wednesday in the York County Superior Court calling for a temporary injunction that would require the York Board of Selectmen to place the query of recreational marijuana on the November ballot, according to the Portland Press Herald.

The board of selectman has twice refused to ask voters whether they want to allow the recreational use of marijuana, on the grounds that it is not lawful because the use of marijuana is still illegal under state law.

Regardless, supporters have collected close to 1,000 signatures on two separate petitions in their bid to put the question to town voters. However, the board voted 3-2 last week against sending the question to voters.

“The right to petition your government is the bedrock of democracy. For the selectman to ignore the will of their constituents goes against what our country is all about and that is why I signed on to this case,” Sharon DaBiere of York, a plaintiff in the complaint, said in a statement issued by the Marijuana Policy Project.

David Boyer, Maine political director for the Marijuana Policy Project, thinks selectmen clearly went out of their way to disenfranchise York’s voters.

[caption id="attachment_8080" align="alignright" width="300"] David Boyer[/caption]

“We cannot stand by and let elected officials try to silence the people of York who would like to see marijuana regulated like alcohol.”

In its court filing, an attorney working with Citizens for a Safer York asks that a hearing on the complaint be held by Friday.

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According to the Huffington Post, the state of New York may see the regulation and taxation of marijuana for legal recreational use as early as 2015.

[caption id="attachment_8076" align="alignright" width="280"] Sen. Liz Krueger[/caption]

State Sen. Liz Krueger (D) will reintroduce the Marijuana Regulation and Taxation Act during the next legislative session, which begins in January. Sen. Krueger’s bill would allow the establishment of retail marijuana dispensaries, which would be regulated by the State Liquor Authority. The bill would also place an excise tax on all marijuana sales. Adults would legally be able to possess up to two ounces of marijuana and grow up to six marijuana plants at home for personal use.

New York decriminalized the possession of up to 25 grams of marijuana over 30 years ago, and earlier this summer, became the 23^rd state in the country to allow the legal use of medical marijuana. However, irrespective of these laws, New York, and especially New York City, remain plagued by a disproportionate number of low-level marijuana arrests amongst black and Latino communities.

In fact, since 2010, New York City has averaged between 30,000 and 50,000 marijuana arrests each year. Moreover, during the period between 2002 and 2012, 87 percent of those arrested for marijuana possession in the city were either black or Latino.

As stated by Krueger in an interview with Metro, “The real motivation for this bill comes from the fact that we have spent decades attempting to do prohibition and a war on drugs that has actually done nothing and is particularly ruining the lives of young people of color and having them go into the criminal justice system and come out with the kind of citations that limit their access to financial aid for college and exposes them to a criminal justice system that frankly I do not believe they should have been exposed to in the first place, for simply using a drug that is proved to be less dangerous than alcohol and tobacco.”

Although Krueger does not use marijuana herself, and does not encourage the use of marijuana to anyone else, she recognizes that marijuana prohibition is a failure.

“It is a win-win to decriminalize marijuana and regulate it and tax it.”

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Pennsylvania lawmakers returned to the Capitol from their summer recess Monday, while medical marijuana supporters rallied for Senate Bill 1182, or the Compassionate Use of Medical Cannabis Act. This bill would allow doctors to recommend extracted oil, edible products, ointments, and other marijuana-based products to patients with debilitating medical conditions.

[caption id="" align="alignright" width="200"] Sen. Daylin Leach[/caption]

Senate Bill 1182 co-sponsors, Sen. Mike Folmer (R-Lebanon) and Sen. Daylin Leach (D-Montgomery/Delaware), said their bill could be sent to the floor next week.

“We are so close. We are closer than we have ever been,” stated Senator Leach. “If this runs in the Senate, we get more than 40 votes, and we are promised it will run next week in the Senate. We have counted in the House. There are 203 members. We have counted about 160 yes votes,” he said.

However, although they have gathered enough votes in the House, there is still concern from the Senate that House leadership may block the bill before reaching the floor.

According to Rachelle Yeung, legislative analyst at the Marijuana Policy Project, “We know that there is overwhelming support amongst Pennsylvania voters for medical cannabis, and it’s time for their legislators to step up and really represent the will of the people.”

Sen. Folmer thanked the crowd on the Capitol steps for their grassroots efforts and reassured that they were very close, and that things were looking good.

Following the rally, the group that organized it, Campaign for Compassion, continued their educational efforts by handing out informational packets on medical marijuana and talking to their representatives.

“Hopefully, they will learn this is something Pennsylvania needs and they will stand up and do what is right and put the political horse trading to the side,” said Christine Brann, a Campaign for Compassion ambassador.

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According to The Denver Post, late Friday, the NFLPA unanimously approved the terms of a new drug policy that includes the implementation of testing for Human Growth Hormone — a performance enhancing drug — as well as an increase in the threshold for testing positive for marijuana.

The agreement with the NFL and NFLPA opens up the possibility for players suspended on drug policy violations to return to the field. Cleveland.com reported that Josh Gordon, Cleveland Browns receiver, will have his suspension reduced from a season-long ban to 10 games once the new drug policy is finalized and formally approved.

“This is a historic moment for our players and our league,” NFLPA president Eric Winston said in a statement. “We have collectively bargained drug policies that will keep the game clean and safe, but also provide players with an unprecedented level of fairness and transparency. Players should be proud of their union for standing up for what was best for the game.”

Although the threshold for a positive test for marijuana will increase to 35 ng/ml from the previous 15 ng/ml, the new marijuana threshold is a standard much lower than those used in most other sports. The threshold for a positive test for marijuana should have increased to the 150 ng/ml limit — used by the World Anti-Doping Agency, which conducts Olympic athlete testing — that was originally suggested.

Moreover, the new terms of the drug policy still prove draconian given the chronic pain endured by most NFL players and the fact that, by most measures, the use of medical marijuana to relieve pain is far less harmful than the prescription painkillers that players currently rely on.

As former player Nate Jackson recently stated in a New York Times op-ed, “Virtually every single player in the NFL has a certifiable need for medical marijuana.”

In this case, the fact that players are still not permitted to use medical marijuana is inexplicable — even when 15 teams are based in states where medical marijuana can be recommended legally and most, if not all, players have a very legitimate need for it.

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Rhode Island’s next legislative session begins in January, so it’s important that we continue to build support for taxing and regulating marijuana like alcohol. If you are a Rhode Island resident, please join us at these upcoming events to learn how you can help end marijuana prohibition in 2015.

Cannabis Caucus, 8 p.m., Thursday, September 18: Regulate Rhode Island hosts an evening of music, activism, and conversation this Thursday at Aurora, 276 Westminster Street, Providence 02903. Check out the Facebook event page for more details.

Regulate RI coalition strategy meeting, 1 p.m., Saturday, September 27: Our coalition meets regularly to coordinate efforts and discuss collaborative projects. Please join us at 143 Prairie Avenue, Providence, 02905 at 1 p.m. on Saturday, Sept. 27.

Public forum on marijuana policy, 6:30 p.m., Tuesday, November 18: Save the date! We’re organizing a public forum on regulating marijuana like alcohol with experts from around the state and country at Brown University on Tuesday, Nov. 18.

Volunteering opportunities, September - October: Leaders at the State House need to know their constituents support ending the failed policy of prohibition by responsibly regulating marijuana. Help us collect signatures from supporters in key legislative districts in September and October by emailing Jared Moffat at jmoffat@mpp.org to get involved.

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[caption id="attachment_8050" align="alignright" width="183"] Chief Mike Koval[/caption]

In an interview last week, Madison, Wisconsin Police Chief Mike Koval called marijuana prohibition a failure and advocated regulating and taxing the substance in order to pay for treatment programs that focus on more dangerous drugs.

The comments came during an interview with the State Journal Wednesday about data showing African Americans in Madison were arrested or cited for marijuana offenses at about 12 times the rate of whites in the city.

Koval called efforts to enforce laws against marijuana an “abject failure” and said the same about the broader war on drugs. “We’ve done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it’s time to reorder and triage the necessities of what’s more important now,” Koval said.

Referring to the states of Washington and Colorado, which have legalized the drug for recreational use and sale at state-regulated stores, he said it was time for Wisconsin to consider doing the same.

Under current Wisconsin law, possession of any amount of marijuana can earn you six months in jail and a $1,000 fine. A subsequent offense is a felony punishable by up to $10,000 in fines and three and a half years in prison.

Chief Koval is just one example of a growing movement of law enforcement professionals who are breaking rank with many of their colleagues and calling for an end to the war on marijuana users.

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Tuesday’s primary election in New Hampshire produced remarkably positive results for those of us who care about reforming the state’s marijuana laws.

The New Hampshire Senate has been the biggest roadblock facing reformers since the House first approved a decriminalization bill in 2008. This year, with four out of 24 senators retiring, the balance of power finally appears to be tipping in our favor. Here are a couple of examples:

- In Senate District 15, reform advocate Dan Feltes (D-Concord) won by a large margin Tuesday against a candidate who was wishy-washy on marijuana policy. Feltes is now very likely to replace a retiring senator who has been, at best, a fair-weather friend on medical marijuana.

- In Senate District 12, a reform advocate won a close race against a prohibitionist. Former Rep. Kevin Avard (R-Nashua), who voted for ending marijuana prohibition in 2012, defeated a current representative who has voted against both medical marijuana and decriminalization. Avard will face incumbent Sen. Peggy Gilmour (D-Nashua), whose record has been inconsistent on marijuana policy, in November.

Finally, although Andrew Hemingway did not win the nomination for governor, he did receive a respectable 37%, despite being outspent by 10:1. In the final debate, Hemingway made a strong case for decriminalization, and eventual primary winner Walt Havenstein took an open-minded position, saying “I'm in favor of at least looking at that … I certainly would consider it.”

Many more races will be decided on November 4. We will post a general election voter guide soon.

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[caption id="" align="alignright" width="135"] Mayor Michael Nutter[/caption]

According to The Philadelphia Tribune, members of the Institute for the Development of African American Youth (IDAAY), as well as other organizations, congratulated Mayor Michael Nutter for agreeing to sign a bill to decriminalize marijuana possession in Philadelphia.

Archye Lealock, IDAAY’s executive director, and others continued on with a rally Wednesday at City Hall even after the agreement earlier in the week between Nutter and the chief legislative sponsor of the bill, Councilman James Kenney.

“I am very pleased that we have reached this commonsense agreement that will improve opportunity for countless Philadelphians,” Kenney stated. “Under this new policy, police officers will be able to remain focused on more serious offenses, and many young people will be spared the life-altering consequences of a criminal record, such as limited job prospects, inability to obtain student loans or even join the armed services.”

However, using and possessing any amount of marijuana will not be legal in Philadelphia. The amended bill will decriminalize possession of the plant in small amounts. An offense involving 30 grams or less will result in a civil penalty — a citation and $25 fine — and not an arrest or criminal record.

Kenney, Lealock, and other stakeholders of the bill have long distressed the costs involved with prosecuting marijuana possession in small amounts. Annually, $3 million is spent, in addition to the 17,000 police hours dedicated to arresting citizens in possession of small amounts of marijuana.

“We want to ensure that the punishment for using or possessing a small amount of marijuana is commensurate with the severity of the crime while giving police officers the tools they need to protect the heath and well-being of all Philadelphians. Our agreement on this bill is an example of the legislative process working to bring people together, create discussion around an important issue and ultimately reach consensus,” the mayor said.

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Eighty-seven percent of Ohio voters think that people should be able to use marijuana as medicine, although nearly all of the currently elected state officials, including Gov. John Kasich, disagree.

However, according to the Cincinnati Enquirer, some of the candidates running in November’s election — Ed FitzGerald (D), David Pepper (D), Micah Kamrass (D), and Charlie Winburn (R) — believe marijuana use should be legal with a doctor’s recommendation.

[caption id="" align="alignright" width="220"] Ed FitzGerald[/caption]

“There are people that are suffering from conditions that medical marijuana can alleviate, especially those chronic pain types of conditions, “ FitzGerald, struggling Democratic candidate for governor, said in a telephone interview. “I just think that it would show a real lack of compassion if we would continue to deny them that access.” “As long as it’s done under the supervision of a doctor… I think the risks associated with medical marijuana are outweighed by the benefits,” he stated.

Other candidate’s stances seem to follow suit. Fellow Democrat David Pepper, the Anderson Township Democrat running for attorney general, also supports legal medical marijuana use. He views it as a way to curtail the extensive use of prescription painkillers, which can lead to fatal overdoses. In addition, Micah Kamrass, the Sycamore Township Democrat running for the 28^th Ohio House District in northeast Hamilton County, supports legal medical marijuana use if it ensures that people get the care that they need when extremely ill. Charlie Winburn, the Republican Cincinnati city councilman running for the Ohio Senate’s 9^th District, is leaning towards supporting the legal use of medical marijuana under a doctor’s care, especially to aid in relieving the pain and suffering caused by cancer or glaucoma.

Unfortunately, the prospect of a medical marijuana initiative getting passed this November is unlikely. Proponents of medical marijuana lack legislative support, though they have started circulating three separate ballot initiatives. The Ohio Rights Group, whose amendment has gained most momentum, has gathered only 100,000 of the required 385,000 signatures needed to secure the amendment on the November ballot. The group is now targeting the November 2015 ballot.

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