MPP’s voter guide for the New Hampshire primary election has now been published. Click here to find out if the candidates on your ballot agree it’s time for a more sensible approach to marijuana. The election will take place next Tuesday, September 9 — one week from today — so mark your calendars now and don’t forget to vote!

There are many contrasts between the primary election candidates on marijuana policy. This is especially true on the Republican ballot, where reform advocate Andrew Hemingway is seeking the nomination for governor over Walt Havenstein. The winner will face Governor Maggie Hassan, who has been a tremendous disappointment to supporters of marijuana policy reform.

If you’ve been following New Hampshire’s reform efforts in recent years, you know that the 400-member House has been far ahead of the 24-member Senate and the governor’s office. Fortunately, four senators decided to retire this year, and this election presents a number of opportunities to improve the Senate.

In addition to the race for governor, there are several Republican state senate primaries where candidates’ positions are very different. Some of these races are expected to be very close, so your vote and your friends’ votes could easily be the difference between electing a reformer and electing a prohibitionist.

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The Illinois Department of Public Health began accepting patient applications today for the state’s medical cannabis pilot program. Applicants whose last names begin with the letters A through L may apply today through the end of October. Applicants with last names that start with M through Z may apply during the months of November and December. Beginning in January, applications for patient registry ID cards will be accepted for all applicants year-round.

Here are some useful links and information for patient applicants:

• Patients may sign up online here.
• For questions, the department’s Frequently Asked Questions are here.
• Patients may contact the department by phone at 855-636-3688, or by email at DPH.MedicalCannabis@illinois.gov.
• MPP has created resources for patients, including a summary of the law here, and a handout for physicians and patients who may have questions about medical cannabis registrations.

Applications for businesses are also now available. Final versions of the dispensary and cultivation center license applications, along with detailed instructions, are now available here. There is a narrow window to submit business applications. Both types of business applications must be received by their respective state agencies between September 8 and September 22.

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[caption id="attachment_7997" align="alignright" width="212"] Gov. Terry McAuliffe[/caption]

Earlier this week, Virginia Governor Terry McAuliffe took a question about legalizing and regulating marijuana for adults’ use, as Colorado has done. While he is not “yet” supportive of this sensible policy change, he did use the question as an opportunity to express his support for medical marijuana. The Virginia General Assembly should follow suit by sending Gov. McAuliffe a comprehensive medical marijuana bill in 2015.

Virginia law already recognizes marijuana’s medicinal benefits, but, because of the way the law is written, patients are left without a legal way to access, possess, or even use their medicine without a change in federal policy. Virginia can and should enact a law similar to the laws in 23 states and D.C. that allow the terribly ill to use, possess, and access medical marijuana in state despite the failed and draconian federal prohibition.

If you are a Virginia resident, please email your lawmakers urging them to pass compassionate legislation.

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Tuesday, September 9, is Primary Election Day in Rhode Island. With an open race for the top slot in the state, all eyes are on the gubernatorial primary races. Next year, the legislature will continue discussing whether Rhode Island should replace marijuana prohibition with sensible regulations, so it is important to know how the candidates for governor view the issue.

Democratic primary gubernatorial candidates: When asked in March, all three major candidates — Gina Raimondo, Angel Taveras, and Clay Pell — indicated that they are monitoring the effects of regulation and taxation in Colorado and Washington. However, all indications are that Taveras is the least open to marijuana regulation — he stated that he is “not currently supportive of legalization.” This is not too surprising considering Taveras has received public support from prominent marijuana prohibitionist and former Congressman Patrick Kennedy.

Republican primary gubernatorial candidates: On the Republican side of the coin, Ken Block has said he will withhold judgment until he can “see the results in Colorado and Washington.” His opponent, Allan Fung, not only opposes “the legalization of marijuana for recreational use,” but also makes no mention of even being interested in results from Colorado and Washington.  

If you are a Rhode Island resident, please get out and vote on Tuesday, September 9, and pass this message on to other Rhode Island voters who support humane and fiscally sound marijuana policies. The New York Times agrees that regulation — not prohibition — is the more sensible approach to marijuana policy; we hope the next governor of Rhode Island does, too.

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The list of localities considering making marijuana legal or decriminalizing possession of small amounts is steadily growing, and two New Mexico cities were just added to the list last week.

In Santa Fe, organizers submitted almost 11,000 signatures to allow voters to decide to remove criminal penalties for simple possession.

Currently in Santa Fe, first-time offenders in possession of less than an ounce of marijuana are charged with a petty misdemeanor punishable by a fine of $50 to $100 and imprisonment of not more than 15 days. The proposal calls for possession to be treated as a civil infraction, requiring no jail time and punishable by a fine of no more than $25.

State and federal law would be unaffected by the change, if it were approved. Police officers would have discretion as to whether to charge violations under a city ordinance, handled in municipal court, or under state statute, adjudicated in magistrate court.

However, the petition called for possession of small amounts of marijuana and instruments used to ingest it to be considered “a lowest law enforcement priority.”

In Albuquerque, supporters were unable to get enough signatures to put the issue on the ballot, but the city council included a similar provision in a package of local legislative bills. The mayor has voiced his opposition and threatened a veto, but it is unclear if he has the legal authority to do so.

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A pair of recent studies suggest that marijuana policy reform may be paving the way for a healthier, happier world in at least two ways.

The first, released by the University of Buffalo, found that couples who use marijuana are the least likely to engage in, or be the victim of, domestic violence and abuse.

The authors caution that while these findings are predictive--meaning couples who smoke are less likely to commit domestic violence--they don't necessarily draw a causal line between the two behaviors. Among the connections they hypothesize, "marijuana may increase positive affect, which in turn could reduce the likelihood of conflict and aggression." ...

Another possible mechanism: "chronic [marijuana] users exhibit blunted emotional reaction to threat stimuli, which may also decrease the likelihood of aggressive behavior."

The second study, published in JAMA Internal Medicine, reported that  states with medical marijuana laws have roughly 25% fewer painkiller overdose deaths than states which do not allow medical marijuana.  While the authors caution that this could simply be a correlation, not a causal effect, a large amount of anecdotal research exists from patients who report weaning or discontinuing their use of prescription painkillers once they are able to use marijuana to treat their conditions.

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The delays in implementing New Hampshire’s medical marijuana program have been very frustrating for patients. Fortunately, the state finally appears to be making progress toward the adoption of alternative treatment center (dispensary) rules. The Concord Monitor reported some details of the rule-making process this morning.

You can read the first draft of the proposed rules here. The Department of Health and Human Services will accept comments as part of an “advance comment period,” which ends tomorrow. After that, the department will enter its formal rule-making phase, which will include a public hearing and additional opportunities for public comment. The department released a timeline indicating that it hopes to secure final approval of the dispensary rules by November 20.

You can read the comments being submitted by MPP here. While we have identified a number of issues with the rules, we think the most troubling provisions are the onerous application fee of $80,000 and the annual renewal fee of $80,000. We understand that the law requires the Department to set fees that cover the costs of administering the program, but it is unclear whether New Hampshire will have any qualified applicants who wish to enter this heavily restricted dispensary market with fees this high.

For information on how to submit comments, please visit the department’s website for the “therapeutic use of cannabis” program.

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On Monday, respected policy think tank The Brookings Institution published a paper analyzing Washington's implementation of the law passed in 2012 to regulate marijuana similarly to alcohol. The results: the state is doing well and is actively trying to learn from the process. The results could have far-reaching implications for marijuana policy reform in other states.

Brookings’ Philip Wallach interviewed advocates, researchers, and government policymakers in Washington to learn about the state’s novel approach.  In this report, he highlights several noteworthy features:

• Building a funding source for research directly into the law: a portion of the excise tax revenues from marijuana sales will fund research on the reform’s effects and on how its social costs can be effectively mitigated.
• Bringing to bear many perspectives on legalization by coordinating research efforts across multiple state agencies, including the Department of Social and Health Services, the Department of Health, and the Liquor Control Board.
• Mandating a cost-benefit analysis by the state’s in-house think tank, which will be nearly unprecedented in its scope and duration.

Wallach makes a number of suggestions to ensure that Washington’s knowledge experiment can be made to work, including:

• Ensure political independence for researchers, both by pressuring politicians to allow them to do their work and by encouraging the researchers themselves to refrain from making political recommendations
• Gather and translate research into forms usable by policymakers
• Counter misinformation with claims of confident uncertainty
• Have realistic expectations about the timeline for empirical learning, which means cultivating patience over the next few years
• Specify which reliable metrics would indicate success or failure of legalization

The full report can be found here.

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As we've reported previously, three cities in Maine could be voting this November on initiatives that would direct local police not to arrest adults age 21 and over for possession of small amounts of marijuana. Despite opposition from city government, law enforcement, and the Maine chapter of Project SAM, all three initiatives are gaining public support and making steady headway in the election process.

Earlier this month, activists in the town of Lewiston turned in more than enough signatures to qualify for the ballot. The city council is expected to place the petition on the ballot at their Sep. 2 meeting.

[caption id="attachment_7979" align="alignright" width="215"] David Boyer, MPP Maine Political Director[/caption]

Last week, the South Portland city council voted to let the public decide the issue after voicing unanimous opposition.  Supporters turned in more than 1,500 signatures in favor of the initiative.

And in York, after a second round of petitioning and being opposed by a majority of the Board of Selectman, the campaign turned in enough signatures to qualify for the ballot today. The press conference for the event was attended by supportive York Selectman Ronald Nowell.

If all goes well, Maine will have four localities where marijuana is legal for adults after Nov. 2, putting the state on the right track for passing a comprehensive measure to regulate marijuana like alcohol in 2016.

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Over the weekend, one of the most popular newspapers in Oregon lent its support to Measure 91, which would make marijuana legal for adults in the state. Voters will decide on the initiative in November.

From The Oregonian:

Measure 91 would move Oregon from a hazy condition of almost-legalization to one of rational access guided by straightforward regulations and subject to sensible taxation.  In other words, it would force Oregon's 16-year-old marijuana experiment out of adolescence and into legal adulthood. The measure appropriately leaves the task of regulating the new industry to the Oregon Liquor Control Commission, which knows a thing or two about the distribution and sale of intoxicants. The OLCC would adopt the necessary rules by 2016.

...

Measure 91, far from revolutionary, would simply allow Oregon adults to obtain something they may obtain now, but without having to stroll through a "medical" loophole or drive over a bridge to a neighboring state. The measure would be worth supporting for reasons of honesty and convenience alone, but it also would raise millions of dollars per year for schools and other purposes. For that reason, it deserves support even from those who aren't normally high on taxes.

While we would not characterize the Oregon medical marijuana program as anything other than a success that has provided thousands of patients out of jail, this is certainly a strong statement of support that will hopefully be heeded by voters in November.

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