[caption id="attachment_6549" align="alignright" width="300"] MPP's Mason Tvert debating Attorney General Suthers in 2006[/caption]

Colorado's staunchly anti-marijuana attorney general, John Suthers, has declared that a rule created by the legislature to treat marijuana-themed publications like pornography is unconstitutional and said the state will not defend it in court. His determination came after state marijuana regulators concluded that it was not constitutional and should not be enforced.

The Associated Press reports:

The magazine requirement was part of a larger set of laws enacted to state how the newly legal drug should be grown and sold. The behind-the-counter restriction was adopted after parents testified that their children should be protected from exposure to magazines touting the drug,  which remains illegal under federal law.

The resulting law left Colorado in an unusual position — one of only two states to allow recreational use of the drug,  while also the only state to restrict the display of publications about marijuana. The state's decision to reject the magazine restriction was applauded by marijuana legalization activists.

"The idea that stores can prominently display magazines touting the joys of drinking wine and smoking cigars, yet banish those that discuss a far safer substance to behind the counter, is absolutely absurd," wrote Mason Tvert,  who campaigned for Colorado's pot law and now is spokesman for the Marijuana Policy Project.

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[caption id="attachment_6405" align="alignright" width="182"] Gov. Shumlin[/caption]

This afternoon, Vermont became the 15th state to decriminalize marijuana possession (two others have made it legal). Gov. Peter Shumlin, a vocal champion of sensible marijuana policies, signed H. 200 at about 1:30 p.m.

Beginning on July 1, H. 200 will eliminate Vermont’s criminal penalties for possession of up to an ounce of marijuana and replace them with civil fines for adults and generally with diversion for those under 21. Click here for details on how H. 200 will change Vermont’s penalty structure.

[caption id="attachment_6544" align="alignleft" width="180"] Attorney Gen. Sorrell[/caption]

This is a major victory for MPP and our legislative allies in Montpelier, who have worked hard to build support for this sensible reform.

The next step for Vermont policymakers will be to consider legal alternatives to the illicit market for marijuana. Attorney General William Sorrell has publicly argued in favor of decriminalizing plants, and many legislators have made the case for replacing marijuana prohibition with a taxed and regulated system.

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The New Hampshire House voted yesterday to reject the Senate’s amendments to HB 573. Rather than sending the flawed Senate version of the bill to Gov. Hassan’s desk to receive her signature, the House has requested that a special committee be formed in one final effort to negotiate a compromise.

The most talked-about issue with the bill is the removal of the home cultivation provision, but there are a number of other serious concerns about the bill. Fortunately, the House has been very strong in its desire to protect patients now rather than expecting them to wait.

You can read a complete run-down on the Senate’s changes here.

[caption id="attachment_6484" align="alignright" width="180"] Gov. Hassan[/caption]

If you are a New Hampshire resident, please call Gov. Hassan’s office one more time and urge her to agree that patients should be protected in the here and now. It’s unreasonable that Gov. Hassan thinks patients should have to wait more than a year for legal protections and at least two years for access to medical marijuana.

Additionally, if you haven’t already done so, please take a moment to sign Clayton Holton’s petition at Change.org!

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Yesterday, the New York Assembly overwhelmingly approved a bill to allow seriously ill patients with certain qualifying conditions to use medical marijuana with a 95-38 vote. A6357 will now go before the Senate.

Gov. Cuomo has expressed concern about the bill, and New York City Mayor Michael Bloomberg recently declared medical marijuana to be a "hoax", despite the professional opinions of over 600 New York doctors to the contrary.

If you are a New York resident, please contact Gov. Cuomo and urge him to support this compassionate legislation.

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Nevada state lawmakers approved a bill Monday that will establish a state-regulated system of dispensaries to provide medical marijuana to licensed patients. It will now be transmitted to Gov. Brian Sandoval for his signature, and he has said he is open to dispensary legislation.

MPP's Karen O'Keefe, who testified in support of the bill, was featured in a story by Reno's Fox affiliate station:

"Nevadans with serious illnesses who are using medical marijuana under the supervision of their doctors should have a safe and legal way to obtain it," said Karen O'Keefe, director of state policies for the Marijuana Policy Project. "We applaud the Nevada Legislature for taking action to protect patients and promote a safer and healthier state for their constituents.

"We are hopeful that Gov. Sandoval will join legislators and the voters of Nevada in supporting a system of state-regulated medical marijuana dispensaries that is long overdue," O'Keefe said. “Regulating medical marijuana works."

SB 374 establishes rules and regulations for medical marijuana dispensaries, infused product manufacturers, cultivation facilities, and testing facilities. In addition to standard sales taxes, medical marijuana will be subject to excise taxes of 2% on wholesale sales and 2% on retail sales, of which 75% will be directed to education and 25% will be directed toward implementing and enforcing the regulations.

Currently, patients must grow their own marijuana or have it grown for them by a physician-approved caregiver despite the constitutional amendment approved by voters in 1998 and 2000 requiring the legislature to set up a medical marijuana program that includes appropriate methods of supplying medical marijuana to qualified patients. In 2012, Clark County District Judge Donald Mosley called the state's current system "absurd," "ridiculous," and unconstitutional. Apparently the legislature agreed. Let's hope the governor will, too.

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Despite the fact that black and white Americans use marijuana in comparable numbers, a new analysis of federal data performed by the American Civil Liberties Union (ACLU) found that blacks were nearly four times as likely as whites to be arrested for marijuana possession in 2010. The report is the most comprehensive national examination of marijuana arrests by race and by county.

According to the ACLU:

"The aggressive enforcement of marijuana possession laws needlessly ensnares hundreds of thousands of people into the criminal justice system and wastes billions of taxpayers’ dollars. What’s more, it is carried out with staggering racial bias. Despite being a priority for police departments nationwide, the War on Marijuana has failed to reduce marijuana use and availability and diverted resources that could be better invested in our communities."

The statistics in Washington, D.C. and Maryland were particularly staggering. The former had the country’s highest arrest rate for marijuana possession arrests – more than three times the national average – and the latter had the fourth highest rate. Blacks accounted for 91% of possession arrests in D.C. and were more than eight times more likely to be arrested than whites. In Maryland, blacks accounted for 58% of possession arrests and were more than three times more likely to be arrested than whites. In Baltimore City, they were more than five-and-half times likely to be arrested than whites.

The disproportionality of marijuana enforcement is just one more pebble on the mountain of evidence that exposes our nation’s marijuana policy for what it is: broken.

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Three weeks after the World Anti-Doping Agency (WADA) raised the testing threshold for marijuana metabolites from 15 nanograms per milliliter to 150 ng/ml, the UFC announced that it would follow suit.

The new rule will go into effect for all UFC regulated international events, including events held in Brazil.

The announcement came during last Friday’s meeting of the Nevada State Athletic Commission's Steroid and Drug Testing Advisory Panel, which took place in Las Vegas.

“When we self-regulate around the world, we are going to go the WADA standard of 150," said UFC Vice President of Regulatory Affairs Marc Ratner. "So we're starting that immediately."

[caption id="attachment_6517" align="alignright" width="160"] Marc Ratner[/caption]

There has been much outcry from the mixed martial arts (MMA) community over the organization’s - and state athletic commissions’ - severe stance on marijuana. The previous threshold of 15ng/ml resulted in Nick Diaz’s suspension and fine, Matt Riddle’s dismissal from UFC, Alex Caceres’ six-month suspension, and Pat Healy's $130,000 loss in bonuses. The criticism has not been limited to the world of mixed martial arts, however. In March, MPP and boxing advocates publicly decried the $900,000 fine levied on Julio Cesar Chavez Jr. with a Las Vegas billboard and a petition to the Nevada State Athletic Commission.

The UFC’s evolving opinion of the drug is a positive step in protecting athletes who choose to use a safer substance than alcohol and it will enable regulators to focus their efforts on detecting competitors who take potentially dangerous performance-enhancing drugs. Now is the time for athletic commissions around the country to do the same.

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On Thursday, in a 36-21 vote, Oregon lawmakers approved a bill that would allow individuals suffering from post-traumatic stress disorder (PTSD) to register for medical marijuana cards.

Currently, Oregon’s medical marijuana program only permits patients with certain debilitating medical conditions such as cancer, glaucoma, HIV/AIDS, and Alzheimer's disease to register. Senate Bill 281 would add PTSD to this list.

According to the National Center for PTSD, approximately 5.2 million adults in the nation suffer from the anxiety disorder during a given year.

[caption id="attachment_6512" align="alignright" width="180"] Rep. John Lively[/caption]

Rep. John Lively (D-Springfield) revealed that he personally suffered from PTSD; he also has family and friends with the anxiety disorder. Rep. Lively’s fellow lawmaker Rep. Jim Weidner (R-Yamhill) stated that his son, who served in Iraq, had three friends who committed suicide.

The bill now heads to Gov. John Kitzhaber for approval.

MPP supports the state’s effort to help veterans and others trying to cope with PTSD and hopes Gov. Kitzhaber will make Senate Bill 281 a reality so that patients and their doctors have the opportunity to decide what treatment works for them.

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UPDATE: Katz wrote this article Thursday explaining his voting history and personal feelings about medical marijuana.

On Wednesday, in an unofficial 80-59 vote, the New York Assembly passed legislation to reduce the penalty for publicly holding a small amount of marijuana. Only one Republican assembly member voted in favor of the bill: Steve Katz.

[caption id="attachment_6508" align="alignright" width="158"] Assemblyman Steve Katz[/caption]

Originally a staunch prohibitionist, Katz voted against allowing medical marijuana in 2012, but a brush with the law this past March seems to have brought about a change of heart.

The state police stopped Katz for speeding on the state thruway and subsequently found less than 25 grams of marijuana in his vehicle; he later failed a drug test. Fortunately for the assemblyman, in accordance with a favorable plea deal, his drug charges will be dismissed after he completes a mere 20 hours of community service (and keeps out of legal trouble for six months).

Katz declined to discuss his vote on Wednesday when approached in the Assembly chamber. However, he did issue a statement later in the day saying he hopes the bill leads to "a broader discussion of our state's policies."

The bill, if passed, would lower the penalty for the public possession of less than 15 grams of marijuana from a misdemeanor to a violation. It now faces an uncertain fate in the Senate.

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The imprisonment of Jerry Duval, a seriously ill medical marijuana patient convicted of distributing the drug, could cost taxpayers upwards of $1.2 million, reports the Huffington Post.

Duval suffers from Type 1 diabetes. He has received both a kidney and a pancreas transplant, and he also lives with glaucoma and neuropathy. Consequently, he has a strict medical regime, which prior to his arrest included medical marijuana.

Despite the fact that Duval was a registered Michigan medical marijuana cardholder acting in compliance with state law, the Department of Justice (DOJ) brought the ailing farmer to court.

During the trial, Duval was not allowed to refer to his medical condition or the fact that he was acting in accordance with Michigan law, and in April 2012, he was found guilty of drug trafficking and given a 10-year sentence, which he will serve in a federal medical facility.

Now, Duval’s healthcare falls on taxpayers.

“The annual cost to preserve my kidneys and pancreas alone tops $100,000,” wrote Duval in a request for compassionate release.

“In addition, I require treatment for coronary artery disease and diabetic retinopathy, which has forced me to undergo nearly two-dozen eye surgeries. These expensive optical procedures will likely need to be repeated several times during the decade that I am in BOP custody.”

Once again, the DOJ’s refusal to acknowledge state laws has devastated a family and misused taxpayer dollars.

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