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.

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.

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.

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.

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.

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.

…

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.

On Nov. 4, 53% of Alaska voters approved Measure 2 to legalize and regulate the cultivation, possession, and sale of marijuana in Alaska. Tomorrow, the Fairbanks North Star Borough Assembly, City of Fairbanks, and City of North Pole city councils will hold a special public forum to discuss potential marijuana regulations at the local level.

Local governments have authority under Measure 2 to impose reasonable regulations, such as limitations on business hours and zoning. If you are a Fairbanks North Star area resident, please let your local elected representatives know you appreciate them taking this new law seriously and expect sensible regulations.

Please attend the hearing and testify in favor of allowing licensed cultivation centers and retail stores to do business. 

Tuesday, December 2, 2014
6 p.m.
Pioneer Park Civic Center
2300 Airport Road
Fairbanks, Alaska

Comments are limited to three minutes. Here are suggested talking points to incorporate into your testimony:

• Thank you for being proactive, and inviting input from the public.
• It is early in the process, but deliberate and thoughtful rulemaking is appreciated.
• Reasonable regulations should protect public safety, but also allow the industry to exist.
• Local lawmakers should continue studying to prepare for this new industry.

Nearly 60% of voters in the Fairbanks North Star Borough voted for Measure 2. Make sure elected officials hear from that sensible majority.

The Marijuana Policy Project  is launching billboards this week in Denver and Seattle that encourage parents to keep marijuana out of reach of children. The ads are part of a broader public education campaign urging adults to “consume responsibly” in states where marijuana is legal.

The billboards feature a child looking at what could be a glass of grape juice or a stemless glass of wine and a few cookies that might or might not be infused with marijuana. It reads, “Some juices and cookies are not meant for kids,” and urges them to, “Keep ‘adult snacks’ locked up and out of reach.”

The “Consume Responsibly” campaign made national headlines when it launched in September with a billboard that alluded to columnist Maureen Dowd’s infamous marijuana edibles experience and urged adults to exercise caution when consuming them.

“Now that states are taking a smarter approach to marijuana policy, it’s time for a smarter approach to marijuana education,” said MPP's Mason Tvert. “Issues such as over-consumption and accidental ingestion are not unique to marijuana, and a lot can be learned from how we handle other legal products. These problems can be addressed by raising awareness and informing adults about steps that should be taken to prevent them.”

Last week, a bipartisan bill that would allow doctors with the Department of Veterans Affairs to recommend medical marijuana for certain patients was introduced in Congress.

[caption id="attachment_8344" align="alignright" width="199"] Rep. Earl Blumenauer[/caption]

Under current policy, doctors and other specialists working with the VA are prohibited from recommending medical marijuana to any patient, despite growing evidence that it is useful in treating pain, traumatic brain injuries, and post-traumatic stress, even if a patient lives in one of the 23 states, Guam, or the District of Columbia where medical marijuana is legal.

The bill was introduced by Rep. Earl Blumenauer (D-OR) and Rep. Dana Rohrabacher (R-CA) with the support of Veterans for Medical Cannabis Access.

Michael Krawitz, executive director of Veterans For Medical Cannabis Access, said they “are very proud to stand by Congressman Blumenauer and support the Veterans Equal Access Act.”

“The Veterans Health Administration has made it very clear that, as federal employees, they lack the free speech necessary to write the recommendations for Veterans to comply with state programs,” said Krawitz. “This legislation is needed to correct that legal situation and repair this VA doctor patient relationship.”

The status quo has numerous harmful effects, said Blumenauer. “It forces veterans into the black market to self-medicate,” he said. “It prevents doctors from giving their best and honest advice and recommendations. And it pushes both doctors and their patients toward drugs that are potentially more harmful and more addictive. It’s insane, and it has to stop.”

Arkansas Gov. Mike Beebe recently announced he intends to pardon a young man convicted of a marijuana-related felony. The governor emphasized the importance of having a chance to get one’s life back on track following such a conviction, especially for young people. Local press covering the pardon emphasized another aspect to this story: The young man is the governor’s son, Kyle Beebe. Kyle was convicted of “possession with intent to deliver marijuana” in 2003.

In 2012, over 5,700 people were either arrested or cited for marijuana possession. Another 555 people just like Kyle were charged with felonies related to marijuana. Only a fraction will have an opportunity like the one Kyle has. Instead, most will face a lifetime of discrimination: A criminal record that can hurt job prospects, housing, and educational opportunities – long after the court sentence is over.

Arkansas needs a better approach. Like 19 other states, it can remove possible jail time for simple possession, bringing relief to thousands. If you are an Arkansas resident, click here to ask your legislators to support imposing a civil fine — not a criminal conviction — for simple possession.

Even better, Arkansas should implement a system to tax and regulate marijuana for adults who choose a substance that is safer than alcohol — just like Alaska, Oregon, Washington, and Colorado. Why continue the reefer madness when there is now a better way?