Scoutmaster Charged with Feeding LSD, Marijuana to Child

Police arrested an assistant scoutmaster in suburban New York City in December and accused him of giving LSD, alcohol, and marijuana to a 13-year-old member of his Boy Scout troop.

Lawrence Moschitta, 32, was arrested Dec. 13, according to published reports. Court records say the alleged crime occurred Dec. 3 at Moschitta’s home on Long Island.

He now faces at least two misdemeanor charges, failure to exercise control of a minor and unlawfully dealing with a child. He posted $2,500 cash bail on a $5,000 bond and was released from the local jail shortly after his arrest.

Scoutmaster’s father claims accusations are “false”

Moschitta didn’t have an attorney as of Dec. 16, according to reports, and his father said he wasn’t available to comment. Moschitta was an Eagle Scout, father Anthony Moschitta said. The elder Moschitta said he served as a Boy Scout leader for more than 30 years. He said the accusations are “shocking” but “false.”

“He would never do anything to endanger a Scout,” Anthony Moschitta said.

Moschitta removed from the scouts organization

Boy Scout Troop 183, located in West Babylon, N.Y., removed the younger Moschitta as assistant scoutmaster and expelled him from the organization, according to a letter from a local scoutmaster that was published by The Associated Press. The letter said troop leaders would cooperate closely with police in their investigation.

“The alleged incident happened outside of a Troop function, but did involve one of our scouts,” wrote Scoutmaster Guy Zummo. Zummo declined to comment beyond the letter.

But other scoutmasters called the charges disturbing. Ryan A. DiBernardo, who leads the Suffolk County Council of the Boy Scouts, said what Lawrence Moschitta is accused of doing runs “counter to everything for which the Boy Scouts of America stands.” The Boy Scouts, he said, do not “tolerate or condone illegal drug use by youth or adults, and we take this issue seriously.”

It was unclear what rank the boy had achieved in the Scouts, or how long Lawrence Moschitta had been with Troop 183. Police also didn’t disclose how much of the drugs the child consumed or whether he became sick.

Not an isolated incident

This is hardly the first case involving adults feeding drugs to children. A 45-year-old Maryland resident was arrested in July and charged with giving cannabis to three teenagers. She also allegedly tried to teach a 6-year-old girl how to light up. A Georgia couple were busted last year and accused of trapping two boys in a basement and forcing them to consume marijuana.

Little is known about the long-term effects of drugs on teenagers, including marijuana use. But acid can cause recurring flashbacks and extreme anxiety episodes. And a mix of drugs such as LSD, pot, and alcohol can have strong amplifying effects.

Scoutmaster Charged with Feeding LSD, Marijuana to Child

Fewer Teens Are Using Marijuana

It’s one of the most common and passionate arguments made by people who oppose marijuana reform: Legalizing the drug will surely lead more teenagers to smoke it.

New data out of the federal government show that argument for what it is – bunk. The 2015 Monitoring the Future Survey, an annual questionnaire from the University of Michigan and the National Institute on Drug Abuse (NIDA) found underage cannabis use dropped over the last year.

Teenage drug use continues to decline

That marks the lowest point in a 20-year decline in those numbers, which track use of alcohol, tobacco, and illicit drugs over the preceding year by students in 8th, 10th, and 12th grades. Teen consumption has been dropping steadily, if slightly, for the past five years, a time during which four states and Washington, D.C., legalized the drug for personal use. Another 33 states allow some form of medical marijuana.

“We are heartened to see that most illicit drug use is not increasing, non-medical use of prescription opioids is decreasing, and there is improvement in alcohol and cigarette use rates, said NIDA Director Nora D. Volkow.

Most promising results in four decades

This year’s results were the most heartening since the study was launched in the 1970s. The numbers fly in the face of claims made by anti-cannabis activists, who say legalization will lead to widespread childhood drug abuse and other wanton behavior.

None of this has come to pass. In fact, the study found that use of hard drugs such as heroin, methamphetamine, cocaine, and synthetic drugs, also dropped during 2015.

The survey queried more than 40,000 students in middle and high schools across the United States, both public and private. The massive number of subjects means the statistics are highly credible. That makes them especially useful in tracking how teens use alcohol and drugs. The large sample size also makes the numbers helpful in measuring the effect of marijuana legalization on teenage substance abuse.

Opponents of reform frequently try to sell the trumped-up claim that legal cannabis inevitably means more children will use the drug.

“Relaxing (marijuana) laws clearly leads to more teenage drug use,” said U.S. Rep. Andy Harris, a Maryland Republican. “It should be intuitively obvious to everyone that if you legalize marijuana for adults, more children will use marijuana because the message that it’s dangerous will be blunted.”

Marijuana legalization drives down teenage use

In fact, the study came to exactly the opposite conclusion. If legalization is having any effect on underage drug use, it is likely driving it down, not up. A combination of more honest information and more liberated decision making may be the driving forces behind the trend, as teens realize toking doesn’t carry the rebellious cachet it once did.

Between 2010 and 2015, the study found, underage marijuana consumption dropped slightly, even as adult use continued to climb. Hard drug use is dropping steadily among teenagers nationwide, as is use of alcohol and cigarettes.

At the same time, the survey reflects a growing awareness among minors that cannabis is the safest of the recreational drugs. A record low percentage of students said they see a great risk of harm in using the drug, even though fewer of them are doing so.

“It’s a bit of a conundrum,” said Lloyd Johnston, lead investigator on the study. Johnston offers an explanation: “Students’ conception of how easy it is to get marijuana has actually been in decline the past few years.”

In other words, teens worry less about risk but also find it harder to get their hands on cannabis. Whether a result of a regulated legal marijuana industry or simply a matter of perception, this could lead fewer students to use.

Fewer Teens Are Using Marijuana

Man Takes Flakka, Tries to Break into Jail

Bizarre stories continue to swirl around the use of a new, little-understood synthetic drug known as “flakka.”

In a new incident out of Florida, at least the third of its kind, police say a resident of the Central Florida Atlantic Coast tried to break into a jail while high on the mysterious drug.

Patrick Rempe, 24, allegedly tried to drive his 2002 Toyota truck through the front doors of a complex at the Indian River County Jail in Vero Beach in December. He shattered the glass on the doors but failed to break them down, a spokesperson for the jail said. Rempe then allegedly sped away and tried to crash through a fence outside another building.

He then allegedly left his car, climbed the fence, and became tangled in razor wire that protects the jail’s inner perimeter. He was removed from the wire by Indian River County EMTs and treated for injuries.

Attempting to visit “friends” inside the jail

The sheriff’s office said Rempe told arresting deputies he was “high on flakka” at the time of the crime and was trying to visit “friends” inside the jail. He was taken to a local hospital and placed on psychiatric watch, the sheriff’s office said.

Prosecutors expect to file charges of aggravated assault on a law enforcement officer, battery of a law enforcement officer, criminal mischief, leaving the scene of an accident that caused property damage, and driving under the influence of drugs. At least three of the counts are felonies, and additional charges are possible.

“This is what drugs do to you,” said Sheriff Deryl Loar. “Flakka is poisoning our youth. Fortunately, none of our deputies were injured, and our facility wasn’t compromised.”

Flakka is dangerous and should be avoided

Flakka is one of a number of increasingly popular “research chemicals.” These potent drugs are synthesized in laboratories, unlike most traditional drugs, which derive from natural sources: opium poppies, coca leaves, and cannabis plants, among others. Synthetic drugs are designed to create effects similar to those of marijuana and other popular natural drugs.

But research chemicals are known to be especially hazardous, often more so than the drugs they mimic. They can cause rapid heart beat, seizures, psychosis, and potentially death. DEA-proffered stories about flakka and other synthetics may be greatly overblown, but more neutral health experts agree it’s an extremely dangerous chemical that should not be consumed.

Flakka, known on the street as “gravel,” typically comes in a white or pink crystal form, similar to methamphetamines. These crystals can be snorted, eaten, vaporized, or injected. E-cigarettes are an especially popular delivery method.

Rempe’s alleged rampage marks at least the third episode in which a man high on flakka tried to break into a jail or police department. Two earlier incidents happened at the Fort Lauderdale Police Department. In one, a man became impaled on a fence and was cut down by city workers over several hours.

Man Takes Flakka, Tries to Break into Jail

More Marijuana Recalled Over Pesticides

In the months since legalization took effect in Colorado, marijuana growers have been forced repeatedly to issue recalls after banned pesticides were found in their supply.

The 13th such incident happened in December, when Advanced Medical Alternatives voluntarily recalled 27 vape cartridges filled with hash oil that contained illegal, potentially dangerous pesticides. The pesticides are not always illegal, but they are prohibited for use on marijuana plants in Colorado.

The recall was the company’s second in eight days — and the 13th overseen by Denver’s Department of Environmental Health in the preceding 13 weeks. Some previous recalls were mandatory, but Advanced Medical Alternatives acted voluntarily.

But the city did require that the firm announce the recall on social media and on its website. The notices were posted in mid December.

“Advanced Medical Alternatives, LLC is committed to excellence in providing safe and the highest quality products to its customers,” the company said in a note on its website. “Accordingly, the company has voluntarily recalled certain products that may contain potentially unsafe pesticide residues.”

Advanced Medical Alternatives said it would change its testing regiment to avoid similar problems in the future.

“Furthermore, the company is voluntarily implementing a new testing program for each crop produced by the company and/or that is incorporated into products produced by the company,” the note said. “The company will continue to strive to be a leader in developing and/or implementing the highest industry standards. Thank you in advance for your continued support of such efforts and the company.”

Other businesses have been forced to recall multiple shipments over pesticide violations. EdiPure, a company that makes marijuana edibles, voluntarily issued three recalls, while Gaia’s Garden, another edibles manufacturer, issued two voluntary recalls.

Illegal pesticides have been found in different forms of cannabis, including hash oil, edibles, and dried bud. Little is known about the effects of these chemicals when inhaled or eaten. Some are banned for any human consumption, while others are prohibited specifically for use on marijuana.

Experts say more science is needed on the subject. But there have been few if any reports of cannabis smokers becoming ill from pesticide exposure, either before or after legalization hit Colorado and Washington State.

Voters in both states legalized marijuana for personal use in 2012, and the law took effect in 2013. The first pot shops opened across the state in January 2014. In the meantime, two other states – Oregon and Alaska – have passed legalization, together with the District of Columbia. There have been few notable reports of problems arising from pesticide use in these places.

More Marijuana Recalled Over Pesticides

Most Marijuana "Addicts" Are in Rehab Involuntarily

New government data shows that most people who go to rehab for marijuana “addiction” are being sent there against their will.

More than 50 percent of rehab admissions for cannabis involve a court order or other involuntary proceeding, according to the data from the U.S. Department of Health and Human Services. That’s far more than any other drug, including such deadly substances as alcohol and heroin.

Why is this happening? The answer is surprisingly simple: The rehab industry needs the business. There is an enormous amount of money, public and private, tied up in the idea that any marijuana use constitutes an addiction and must be treated by the 12 steps.

Many judges, prosecutors, and even defense attorneys are beholden to this “community.” And major cannabis opponents point to the high number of marijuana admissions as proof of the drug’s danger and addictive tendencies.

Cannabis is less addictive than any other drug

Fortunately, there is literally no science that backs this point of view. Fewer people become addicted to cannabis than to any other drug, especially alcohol, heroin, and tobacco. The rate is roughly 9 percent for marijuana, versus more than 20 percent for heroin.

The new data included a survey of patients that found roughly 52 percent of patients who were at rehab centers in 2013 were sent there against their will, usually as a result of a criminal plea agreement. Over longer periods of time, just 20 percent of patients checked themselves in voluntarily. That figure is lower than for any other drug.

“Many cannabis consumers are being forced by cops, courts and corrections officers to undergo drug treatment that they themselves don’t feel they actually need,” reform advocate Tom Angell said in December.

Cannabis users forced to undergo drug treatment they don’t need.

Not only do we know marijuana is less addictive than other drugs, but most experts agree even a full-fledged addiction to weed is much less damaging than a similar addiction to alcohol or hard drugs. “Addicts” are defined as people who cannot stop compulsive behaviors despite the serious harm those behaviors cause. By that definition, there may not even be such a thing as a true cannabis addiction.

“Being addicted to it is generally less impairing than being addicted to heroin [or] cocaine, so people have relatively less interest in attending treatment on their own,” Stanford University addiction specialist Keith Humphries told The Washington Post.

Cannabis dealers sent for treatment instead of jail

Humphries pointed out that cannabis dealers now frequently get “more merciful” treatment from the courts. These dealers are being sent to treatment in many cases where a meth dealer would be jailed.

This, too, is a poor solution to the problem of the black market. Most cannabis dealers are small-timers, college students trying to scrape together money for a ski trip or single dads with no other way to make a buck. Pushing them through the justice system can ruin their lives, and even a stint in rehab will do no one any good.

And Angell notes that the huge influx of marijuana “addicts” into treatment centers is probably making it harder for people addicted to real drugs to get the therapy they need. Waiting lists are common, and more than 15 percent of prospective patients are forced to wait more than a week – time during which many of them die.

Most Marijuana "Addicts" Are in Rehab Involuntarily

What Is It Like to Have a Criminal Record?

Marijuana reformers have long shared a common refrain: The criminal justice system is out of control, and too many innocent people are being tagged as reprobates for nothing more significant than a smoldering plant.

There are plenty of things about being accused of a marijuana crime that are awful. The arrest is humiliating, the time in jail can be terrifying, and probation frequently drags on for a seeming eternity. But the worst part of all may be the criminal record that follows you after you serve your time.

But how bad is it, really? And what does a criminal record mean, in terms of trying to lead an ordinary, law-abiding life?

Criminal records don’t go away

The first thing to know is that a rap sheet is as permanent as a tattoo. Both can sometimes be removed, but only painfully, and frequently not at all. A criminal record follows you, and it follows you the rest of your life.

There are several major consequences of carrying this history. For one thing, it becomes much harder to find a job. This is less true with people convicted of misdemeanors, but it’s definitely true of anyone convicted of a felony.

Difficult to find employment

There is a growing movement to “ban the box.” This refers to a box that appears on many job applications, requiring that applicants disclose whether they’ve ever been convicted of a felony. This includes guilty and “no contest” pleas, which are essentially the same thing.

If the box-banners get their way, applicants would no longer face this question, which almost always disqualifies a candidate for a respectable job. Employers could ask the applicants about the subject during later interviews, but banning the box would at least make it easier for ex-felons to get their feet in the door.

Difficult to find accommodation

Another big effect of a criminal record is that it will lead most landlords to refuse to rent to you. Not finding a job is a problem. Not being able to find housing can lead to dire consequences, and could dramatically increase the likelihood of recidivism.

Difficult to obtain loans

What’s more, felons and even misdemeanants may find it hard to obtain loans, shutting them out of home ownership. That leaves transient hotels and homelessness as the only viable options for many people when they leave prison.

Voting rights also disappear for convicted felons, though they can sometimes be restored after their sentences are served. And it can become much more difficult to secure government benefits, a needed source of income for many offenders once their sentences are done.

Is expungement possible?

But what kind of cannabis crimes goes on your record? And can you get it expunged?

The contents of a rap sheet vary widely from state to state and under federal law. All criminal justice systems in the United States report felonies, and they all report serious misdemeanors, but some also report low-level crimes such as DUI, and even traffic offenses such as speeding. In some cases, even minor municipal violations make the record.

But it’s a lot easier to add a crime to your record than it is to remove one. Every state and the federal government have a process by which ex-convicts can apply to have their records expunged. But it’s often an uphill battle.

It’s important to note that expunging a criminal record isn’t the same as erasing it. Your rap sheet remains intact, but it is sealed so police, prosecutors, and the public can’t access it. That doesn’t mean they wont – it’s not unheard of for expunged records to leak – but the protection is usually effective.

More importantly, an expunging means you are legally free to lie about your criminal history and deny any marijuana arrest or conviction, no matter who asks. For legal purposes, it is as if the crime never happened.

But what do you need to get your record expunged? Again, that varies from state to state, but typically, you must stay straight for a matter of years, have a limited record of earlier crimes, and have no history of serious or violent crimes, along with other requirements.

What Is It Like to Have a Criminal Record?

St. Petersburg Could Decriminalize Marijuana

One of Florida’s largest cities has moved a step closer to removing criminal penalties for minor marijuana crimes.

A committee of the St. Petersburg City Council sent a request to Pinellas County commissioners in December, asking that they decriminalize possession of small amounts of cannabis. The council hadn’t received an answer as of Dec. 10, but members said they will act on their own in the meantime.

The council’s Public Service Committee cast a unanimous vote to pass a resolution that asks the county board to enact marijuana decriminalization while the city’s lawyers draft an ordinance for the committee. The law would remove criminal penalties for possession, including arrest and jail, and replace them with small civil fines.

Citations for minor cannabis possession

Council Member Steve Kornell authored the proposed ordinance, which would give police authority to write citations for people caught with 20 grams of marijuana or less. That’s roughly three quarters of an ounce.

Decriminalization is a popular reform tool in states and cities that aren’t yet ready to legalize the drug. Rather than removing all penalties and allowing legal cultivation and sale, local and state government in many places instead write tickets similar to traffic citations.

Seventeen states have enacted decriminalization, while another four have completely legalized marijuana for recreational use. A number of large cities have also decriminalized, instructing their police departments to issue tickets instead of making arrests.

Cities such as St. Petersburg don’t actually have the power to change cannabis law in Florida. That belongs only to the state Legislature and the governor’s office, neither of which is likely to support decriminalization. It is currently a misdemeanor to possess 20 grams or less, and the penalty includes a maximum of one year in jail and $1,000 in fines.

Other Florida counties have decriminalized

That is one of the stiffer laws against marijuana use in the United States. Even so, Miami-Dade county, the state’s largest metro region, successfully moved to decriminalize earlier this year. Experience in other places suggests that once the public votes against a law enforcement policy, even if only at the local level, police are less likely to enforce that policy.

Some council members told reporters they worried about sending a bad message to children about using cannabis. But those concerns were outweighed by the huge racial disparities in arrests, whether in St. Petersburg, in Pinellas County, or nationally.

In addition to Miami-Dade, the cities of Miami Beach, Ferdinanda Beach, and Hallandale Beach, all in Florida, have passed decriminalization ordinances. Local activists, there and in other states, hope their efforts to remove criminal penalties at the municipal level will spread to the state level in coming years. Fines in those places are usually about $100 for first offenses.

City leaders in Tampa, located near St. Petersburg on the Gulf Coast, have also said they’re “open-minded” about the idea of local cannabis reform. But there has apparently been little discussion of the matter since July.

St. Petersburg Could Decriminalize Marijuana

Michigan Creeps Toward Legalizing Marijuana

A group of marijuana activists in Michigan is asking for more time to collect signatures so it can put legalization on the statewide ballot in 2016.

The Comprehensive Cannabis Law Committee, also known as MI Legalize, is one of two groups pushing ballot initiatives to legalize. Activists with the other organization are also gathering voter signatures.

The MI Legalize initiative would make it legal for adults to grow, buy, possess, and use small amounts of marijuana for recreation. The drug is already legal for medical use.

Each group submitted a petition to state election officials earlier this year. They were then given 180 days to gather 252,523 valid voter signatures. MI Legalize started that work in June, but it’s unclear how many signatures they had collected by December.

The 180-day window will expire for MI Legalize Dec. 21, but the group plans to extend its petition drive until activists obtain enough signatures to put the issue on the ballot in November. State law gives them the option to do that, though it means some of their earliest signatures could be invalidated.

“The 180-day period is a floating time frame,” said Fred Woodhams, spokesman for the Michigan secretary of state’s office. “It is calculated from the day of filing by counting backwards 180 days. Each campaign has to decide on moving forward whether to ‘lose’ signatures from the front end as more signatures are collected.”

Reform group expecting to gather enough signatures

Advocates at MI Legalize said they didn’t begin using paid, professional activists to coordinate the campaign until weeks after it started, so they said they expect to gain more signatures now than they’ll lose from the early period.

But a loophole in state law could make it possible to hold onto those initial signatures. That rule allows petitioners to “rebut” determinations that those signatures are “stale and void” even if they fall outside the 180-day calendar.

Even so, organizers have asked volunteers across the state to submit signatures by the Dec. 21 deadline. That will tell them how many more voters they must convince to sign the petition in coming weeks.

Adequate financial resources

“A lot of people out there don’t even know the end is coming up here,” said Jeff Hank, head of MI Legalize, referring to volunteers. “We just need to get everyone aware of that. Things are still looking good. We have the financial resources to do this.”

MI Legalize wants to legalize use of the drug by anyone over the age of 21 and levy a 10 percent tax on retail sales. Licensing of the cannabis industry would be handled by local governments.

In addition to the 180-day rule, the state has set a hard deadline of June 1 for all groups to turn in signatures. If election officials validate enough of them, either or both petitions could make the ballot.

Michigan is one of several states looking at legalization in 2016. California is also likely to vote on the issue, while Nevada already has an initiative slated for the election. Arizona, Massachusetts, Maine, and New York could also legalize next year.

Michigan Creeps Toward Legalizing Marijuana

Legalization Groups Join Forces in California

Marijuana reform is now a stronger bet in California, after two competing groups joined forces to push for legalization on the 2016 ballot.

The Coalition for Policy Reform, a lobbying group based in the state, announced in December that it would withdraw its legalization initiative from consideration for next year’s election. Instead, backers of the group said they would throw their weight behind the other main contender, proposed by tech billionaire Sean Parker, onetime president of Facebook Inc.

Several major players in the reform game gave Parker their support, including Lt. Gov. Gavin Newsom. Parker’s plan was widely considered the stronger of the two, but Coalition board member Antonio Gonzalez said his group held out until Parker’s added measures to protect children, small businesses, and workers.

Aligning legalization efforts

The move should alleviate many concerns about the future of reform in California. The state has a notoriously fractured cannabis lobby, a fact that has sent two previous legalization attempts down to defeat. Discord was so great the last time around, in 2014, that the question never even made the ballot.

There are still other groups pushing plans, but most are too small to have any hope of succeeding. Parker’s initiative has now become the dominant player a year before the election. It remains to be seen whether he can gather enough support from the industry to get his proposal passed, but he is likely to draw the most money.

California is widely considered the next great prize in the fight for legal marijuana. It is the most populous state in the union, and if it goes legal, cannabis will be available along the entire Pacific Coast, from Mexico to Canada. If either of those countries were to legalize cannabis, as appears increasingly likely, the geographic reach of reform would stretch from Alaska to Central America.

Four other states currently allow marijuana for recreational use: Colorado, Alaska, Oregon, and Washington State. The District of Columbia also permits legal cannabis, but no retail stores have opened there yet.

What other states are ripe for reform?

Nearly a dozen other states are on a short list of likely battlegrounds over legalization in the next few years. Maine, Massachusetts, Michigan, Nevada, and Arizona could all see legal marijuana on next year’s ballot.

Parker and his group tweaked his proposal with several amendments filed in early December. They would give local governments greater authority to say where cannabis stores can do business, tighten rules against selling to minors, ban marketing aimed at them, put warning labels on all marijuana products, and mandate work safety standards and labor law enforcement.

Cannabis would be taxed at both the sale and cultivation levels, and observers predict it could ultimately raise hundreds of millions of dollars for public projects. The potential for industry growth is enormous: California has more medical marijuana patients than any other state, along with an MMJ industry that already provides easy access to the drug.

There is already strong support for legalization in the state. A similar proposal failed at the ballot in 2010, the first time any state tried to legalize, but public opinion has crossed the 50 percent threshold in the years since.

The Parker initiative would make cultivation, retail sale, and personal use legal for adults over 21. The state would enact regulations to govern the new industry and taxing it.

Legalization Groups Join Forces in California

Marijuana Tourism Booming in Colorado

More good news for marijuana in Colorado: A new study finds legalization has given a big boost to the tourism industry there.

The study, commissioned by the Colorado Tourism Office and released in December, reports that legal cannabis is responsible for influencing 48 percent of plans to visit the state. That’s much more than they had been willing to acknowledge in the past, when they pointed to their own marketing efforts as cause for the increase.

And indeed, the last two years have seen a significant uptick in visits to Colorado. But the study suggests it can be explained largely by the legalization of marijuana in 2012.

Colorado marijuana laws influence half of tourists

Officials behind the study examined survey data from October and November of potential summer vacationers who saw the state’s tourism ad campaign, titled “Come to Life.” They found that Colorado’s liberal marijuana laws influenced travelers’ decisions more than 48 percent of the time.

“I think it is rearing its head as a significant travel and tourism amenity for visitors coming to Colorado,” said Al White, former head of the Colorado Tourism Office who sits on the board of a marijuana tourism business.

The study was authored by Denise Miller, director of tourism surveys for Strategic Marketing and Research Insights (SMARI). She noted that it may not represent the views of all tourists, since travelers who decided to avoid the state over legalization were not polled. What’s more, less than 10 percent of tourists who answered the survey said they actually shopped at a dispensary while there.

“I think definitely the laws are having an influence when people are considering Colorado,” Miller said. “We can see that it’s still not a large percentage in terms of what people are doing, but it’s become more of a motivator for those who want to do it. It’s certainly having some influence, both, I think, positive and negative on that decision process.”

Nationwide survey data

The study was based on surveys, each with 33 questions, that were given to more than 3,000 tourists traveling from Dallas, Chicago, Indianapolis, Houston, Milwaukee, St. Louis, San Diego, and several other cities. Roughy 10 percent of respondents told Miller and her team that they visited Colorado between April and September 2015.

State officials have touted “Come to Life” and its success in attracting tourists. The campaign includes TV, print, and digital ads, along with billboards, in the target markets. It went national over the summer, and reached roughly 2 million more people than in 2014.

But the ads studiously avoid the issue of legal marijuana. Even so, more than 20 percent of tourists who responded to the survey said cannabis played an “extremely influential” role in their vacation plans. Another 20 percent said the availability of the drug was “very much influential,” while 7 percent described it as “somewhat influential.”

The number of tourists who actually buy cannabis remains small, however, just 8 percent, the same result as last year. Eighty-five percent of the visitors who shopped at dispensaries this year said legalization was a primary reason they visited Colorado; last year 29 percent said the same.

Voters legalized marijuana at the polls in 2012. The drug became legal in 2013, and the first retail pot went on sale New Year’s Day 2014. The new industry has generated many millions of dollars in economic output and tax revenue, more than meeting initial expectations.

In 2014, about 65 percent of travelers said cannabis played no part in their plans, while the rest said they were either “more likely to visit” because of the drug or “less likely to visit.” This year, a slightly larger group of respondents, 20 percent, said legalization made them more likely to visit Colorado, with another 15 percent saying marijuana made them less likely to visit and the rest saying it made no difference.

Marijuana Tourism Booming in Colorado

University of Vermont Will Teach Class on MMJ

Legal marijuana is already big business. Now it’s becoming an academic specialty, too.

The University of Vermont’s College of Medicine is offering a class in the science behind the cannabis plant. And just in time: professors there say they face a distinct dearth of research on the drug and its medical benefits.

This won’t be the first time academics have focused on marijuana, its biology, and its chemistry. And other medical schools have offered limited coursework on the subject. But the Vermont program may be the first to train medical students exclusively in the medicinal use of cannabis.

“What we’re trying to do with this course is to sort of demystify this whole subject matter, to try to treat this like any other drug, like alcohol or amphetamines or opioids,” said Vermont pharmacology Prof. Wolfgang Dostmann. “Just demystify the whole thing and say what it is, what is going on with it, how does it work.”

Medical marijuana has been legal in Vermont for 11 years, while another 26 states have adopted it over the past 20 years. But cannabis remains illegal under federal statute, and that prohibition makes it harder for academics to study it.

In Vermont, students said they want to learn more about the drug and its therapeutic possibilities. Alice Peng, a graduate student in pharmacology who hopes to attend medical school, said she thinks marijuana could be useful in treating chronic pain.

“I also do work in the cancer center in the hospital, and so I see a lot of cancer patients, and I would be really interested in seeing how it would help their chronic pain,” she said.

The course won’t be easy. Professors complain the lack of in-depth research will make it harder to explore the various medical uses for cannabis.

“There’s so much information out there that’s just hearsay,” said pharmacology Prof. Karen Lounsbury.

Topics covered by the course will include the chemistry of cannabinoids, marijuana taxonomy, the drug’s physiological effects, treatment potential, and the ways in which political, historical, and socioeconomic factors impact medical marijuana laws.

Dostmann plans to teach the course along with Lounsbury. He specializes in pharmacokinetics, the study of how drugs work in the human body, while she specializes in how the body responds to marijuana at biological and physiological levels.

Almost 100 graduate students had signed up for the class as of early December, so many that professors had to move to larger classrooms twice. It is scheduled to start in the spring, and it’s open to the public, including lawmakers and police.

The Vermont class will introduce students to the owner of a local medical marijuana dispensary, who will discuss biology. A study of economic concerns surrounding the drug will be led by an associate business professor. Field trips to the state Legislature are also possible.

Dostmann and Lounsbury said they will write a textbook for future classes, since there are few current academic books on the subject. And the titles that do exist are often geared more toward the practicalities of using marijuana, such as how to clean bongs.

Mostly, the teachers said, they want to draw attention to a potentially useful medication and help everyone, including stoners, understand how it works.

“Without having enough clinical trials, we won’t really know whether this is applicable or whether it is a snake oil,” Lounsbury said.

University of Vermont Will Teach Class on MMJ

What Happens if You"re Charged with a Marijuana Crime?

Thankfully, it is becoming increasingly rare for low-level marijuana smokers to run into trouble with the law. It still happens an awful lot, but legalization is making it less common.

Even so, it’s possible to be arrested in many states, even for something as minor as simple marijuana possession. If it happens to you, booking, jail, and arraignment will be confusing enough. But what comes after that? Do you go to trial? If so, do you have a chance?

Police must have ‘probable cause’

Let’s start at the beginning. In places where it is still a crime to possess or use marijuana, the process opens with your arrest. In order to put you in cuffs, police must have “probable cause” to believe you’re committing a crime.

This doesn’t take much. Any behavior or combination of behaviors suggesting the commission of a crime could add up to probable cause. This is also the standard police must meet if they want to search you and your property.

Booked at the nearest police precinct

Once an arrest is made, you are taken to the nearest police precinct and booked. This usually involves a mugshot, fingerprints, and any other steps needed to identify you. Then you are typically placed in a holding cell.

Arraignment

Next comes your arraignment, where bail is set. There’s always a good chance you’ll spend at least one night in jail before this hearing, more if you’re arrested at the start of a weekend. If you can’t post bail, you stay there until either you plead guilty or go to trial. If you can make bail, you’re released pending further proceedings in your case. Most suspects are released “on their own recognizance,” meaning they owe no bail and are on their honor to return to court for future hearings.

Court proceedings

Now on to court, where prosecutors file formal charges. Note that charges come from prosecutors, not from police. Cops who say they have the power to reduce charges if you cooperate are lying, plain and simple – as they’re allowed to do.

The period after charges are filed is where most of the legal action occurs, though it rarely happens in front of a judge. Instead, prosecutors use this time to pressure, cajole, and coerce defendants into pleading guilty.

Police encourage defendants to plead guilty

They do this in a couple of ways. First, they overcharge. It is very common for prosecutors to pile on unrealistic felony charges as a bargaining tactic. If you’re facing 20 years for cannabis trafficking, a 3-year bid for intent to sell doesn’t sound so bad.

Second, they threaten to call all your family and friends to testify against you. The hope is that your loyalty to these people will override your self-interest, and it often does. No one wants their mother to have to air dirty laundry in open court.

Will the case go to trial?

But what about trial? Aren’t criminal cases supposed to end in a jury verdict?

Actually, no, not really. The justice system is specifically designed and actively run in a way that powerfully discourages trials. They’re long, they’re incredibly expensive, and they force angry jurors to give up precious chunks of their free time. Nobody but a lawyer likes a trial.

So almost everyone pleads, assuming the charges involve something more than simple possession. Roughly 95 percent of all criminal cases end in a guilty plea. This is largely because the vast majority of accused criminals really did it, and they realize their chances aren’t good at trial.

If you plead, the judge will enter a conviction on your record, just as if a jury had found you guilty, and will then sentence you. But if you seek a trial, you could face weeks or even months of hearings before a jury that could take either pity on you or come to despise you. And the odds are never good.

What, then, should you do if you’re arrested on any kind of marijuana charge? First, avoid the inclination to talk. Confessing to police can only hurt you in the long run. And equally important, ask for a lawyer. Immediately.

What Happens if You"re Charged with a Marijuana Crime?

Could Dallas Decriminalize Cannabis?

An unusual group of activists are agitating for marijuana reform in Dallas: the police.

Even as the City Council prepares to debate a proposal to decriminalize simple possession of cannabis, Dallas Police Chief David Brown has asked council members to support it. Cops, Brown said, have too much on their plates to waste time on low-level marijuana offenses.

Instead of arresting users and subjecting them to incarceration and permanent criminal records, Brown wants to enact a “cite and release” policy that would allow officers to write civil citations rather than making arrests.

Public Safety Committee voted against the proposal

The idea hasn’t proved popular at City Hall, at least not yet. The city arrests and jails more than 1,000 cannabis users every year, yet the council’s Public Safety Committee voted in December to recommend that the full council reject Brown’s proposal.

The issue still has a chance, as it will now move to the full council for debate. No date has been set, and it’s still unclear what kind of support decriminalization might attract.

Marijuana is already decriminalized in 17 states and several large American cities. That means violators are subject only to small civil fines. The citations are similar to traffic tickets and leave no public record.

Texas forbids marijuana for any use

Cannabis is illegal in Texas for any use, so decriminalization would be a big step for Dallas. Users can still be arrested, incarcerated, and fined up to $2,000 for each offense. If decriminalization passes, officers would avoid arrest.

Brown’s plan would save police a large amount of money and significant resources. He said he thinks it’s good policy, though he’s unsure about its effect on crime fighting in the city. Dallas currently arrests 120 people a month for simple possession.

Each case requires that the arresting officer contact a supervisor to come to the scene and oversee a field drug test. If the results are positive for marijuana, the suspect faces automatic arrest and jail time.

The process eats up “about an hour,” said Deputy Police Chief Gary Tittle. “Sometimes more than that, depending on how far the shift supervisor has to drive to get to the scene.” Decriminalizing cannabis could halve that time, Tittle said.

“We believe it’ll shave 30 minutes off all of those low-level drug calls,” Tittle said. “So those officers will be back in the 911 pool responding to other issues faster.”

Improved response times

Whether the item passes the council, it is likely to pick up some support there. Council Member Philip Kingston, who sits on the Public Safety Committee, agreed with Brown and Tittle that waiting for a sergeant to respond to a minor marijuana crime is a critical waste of time and manpower.

“We just heard from David Brown that he’s stretched to the limit, and response times are suffering,” Kingston said. “And so when I see the number of arrests for marijuana-only, I think [the department] is wasting those resources. That is contributing and compounding the problem of low response times.”

And then there’s the civil rights angle. Kingston said “it’s not justice” to jail a person for possessing small quantities of cannabis. And pervasive racial disparities in arrest patterns hurt “poor and minority communities,” he said, ” and I don’t see the justice in starting a criminal record for just this.”

Could Dallas Decriminalize Cannabis?

Studies: CBD Can Help with Epilepsy

Finally, some science.

Two new studies back the long-held belief that certain forms of marijuana are highly effective at treating severe seizure disorders. The results are tentative, as more research is needed, but they are very hopeful for children with epilepsy and their parents.

The first study was announced at the annual meeting of the American Epilepsy Society in December. Authored by Orrin Devinsky, the director of the comprehensive epilepsy center the New York University Langone Medical Center, the report found that CBD, a chemical found in cannabis, can effectively reduce seizures in pediatric epilepsy patients.

Devinsky and his team spent three months examining 261 patients who suffer from severe seizure disorders. Most were children, and the average age was 11. They were tested at 16 sites across the United States, and each was given repeated drop-size doses of concentrated CBD by mouth. They continued taking their regular anti-seizure medications.

Resultant decline in convulsions

At the end of the testing period, scientists concluded the marijuana led to an average 45 percent decline in convulsions. The results weren’t perfect. Five percent of subjects suffered some degree of side effects, including diarrhea and spikes in liver enzymes. And 12 percent quit the drug before the study was completed because they didn’t feel it was helping.

But Devinsky called the study’s conclusions “promising” and said they offer “hope to the children and their families who have been living with debilitating seizures.”

The results of a second survey, also released at the meeting of the American Epilepsy Society, were less positive. But the study included a much smaller sample size, just 25, and that means the results may not be reliable.

That study found at least a 50 percent drop in seizures in 10 of the children who were examined. Another 12 dropped out and stopped taking the drug. And one child stopped using marijuana after reporting that his convulsions were happening more frequently.

Non-intoxicating component of marijuana

CBD, or cannabidiol, is a chemical found in most cannabis. Unlike THC, it doesn’t get users high, but it is thought to be effective in treating epilepsy and other conditions. Families across the country have reported dramatic reductions in their children’s seizures, and some have gone so far as to move to Colorado, where CBD is easiest to obtain.

But that evidence is strictly anecdotal, and scientists tend to reject anecdotal evidence in favor of hard, empirical data. Many doctors and researchers have been skeptical that marijuana can effectively treat anything, let alone severe seizures.

Thankfully, however, the data is starting to prove them wrong. That could make all the difference for the many young patients who desperately need relief – any kind of relief – from their disorders.

Studies: CBD Can Help with Epilepsy

Celeb Chicago Chef to Make Marijuana Edibles

Few things mix as well as marijuana and food. Still, it’s rare to find both a good cook and a good budtender in the same person. That’s about to change.

Mindy Segal, a well-known Chicago chef, said in December that she would use her culinary talents to whip up cannabis edibles for medical marijuana patients. She will be baking for Cresco Labs, a cultivation company with three grow sites in Illinois, and she’s likely the first celebrity chef to join the marijuana industry.

Segal said she would be baking granola bites, chocolate brittle bars, cookie batter, and hot chocolate. The recipes come from Cookie Love, a cook book she wrote dedicated to cookies, and should be out by the end of February.

Illinois adopted medical marijuana by legislation in 2013. The first dispensaries started serving patients in November. Patients with any of roughly 40 listed diseases are eligible for medical cannabis; the list includes cancer, multiple sclerosis, and HIV/AIDS.

Edible products increasingly popular

The stores initially didn’t sell edibles because they’re harder to make than most other marijuana products. But if the experience of other states is any guide, edibles will likely become even more popular in Illinois than smokeable cannabis.

Segal, 48, isn’t entirely new to marijuana baking. She has “dabbled” in cannabis cooking before, she said, but only for personal use, not to sell. She said she gave the food to friends who suffer from chronic pain.

Tastier medicine for patients

She said she plans to take her business to other states that allow medical marijuana. There are currently 33, though edibles are not allowed in more than a dozen of these states. Segal said she hopes that the better her food tastes, the more it will help patients whose disease or treatment makes it hard to eat.

“I have a lot to learn and a lot to give,” she said. “I’m hoping I can be a leader in the industry.”

Segal said she would use different strains and experiment with potency and various recipes. She said she would start with a peanut butter brittle, a salted toffee smoked almond brittle, and caramelized white chocolate with hints of butterscotch.

Cresco, meanwhile, will be responsible for dosing the food accurately so patients get exactly the amount of cannabis they need. Segal said she picked the company because co-founder Joe Caltabiano survived cancer himself and has a “heartfelt approach.”

More celebrity chef involvement expected

And Segal may not be alone. Though she was vague on details, she told a reporter there are other celebrity chefs who might join the industry.

She plans to do the cooking at Cresco’s grow site in Joliet, Ill., one of as many as 22 such farms across the state. Segal said she would supervise the Joliet kitchen but wouldn’t do the daily baking herself.

“Having someone with Mindy’s name brand and credibility enter the cannabis industry says a lot about where this industry is headed,” said Cresco’s other co-founder, Charles Bachtell.

For now, Segal said, she hopes to expand her business to at least five other states in the near future. If her cannabis treats are a hit, she could go even farther than that.

Celeb Chicago Chef to Make Marijuana Edibles

New Jersey Lawmakers Talk Legalization

New Jersey Gov. Chris Christie has famously promised to stamp out marijuana legalization if he’s elected president. But he may soon have a fight over cannabis closer to home.

A state Senate panel held a hearing in November to discuss new legislation that would legalize marijuana for recreational use. New Jersey already allows medicinal cannabis, though Christie has tried to block that program in the past.

Lawmakers predicted a fight with the governor, who has taken a staunch anti-marijuana position during his beleaguered run for the GOP nomination. Christie, whose candidacy is likely headed for the dustbin, has promised to stop Colorado and other states from allowing legal cultivation, sale, and possession of the drug. It hasn’t done him much good on the campaign trail.

Bill to legalize and regulate marijuana

New Jersey Sen. Nicholas Scutari, a Democrat, introduced the bill that would legalize, regulate, and tax cannabis for adults over 21. His plan, he said, would kill the black market and create a new, legal, billion-dollar industry.

“I believe our state should lead the way,” Scutari said.

Christie’s predecessor, a Democrat, signed medical marijuana into law shortly before leaving office, and Christie tried repeatedly to kill the program. He has said he would never allow legalization in New Jersey while he’s governor and has threatened to use the White House to intervene in states that already allow legal cannabis.

“As a former federal prosecutor, I’ve been the most outspoken person in this race on this issue,” Christie said in a recent interview. “I am completely, 100 percent opposed to drug legalization. That’s different than being for treatment.”

Indeed, Christie has developed a reputation for compassion when it comes to addicts, and has repeatedly called for drug treatment rather than arrest and incarceration. A video of him speaking at a diner about his law school friend has gone viral; the friend died of a heroin overdose after a legal prescription for painkillers turned into a severe addiction.

Christie staunchly opposed to cannabis legalization

But his position is much less forgiving when it comes to legalizing cannabis. With the possible exception of Louisiana Gov. Bobby Jindal, who likewise stands no chance of winning the nomination, Christie has taken the hardest anti-marijuana position of any candidate.

The state Senate hearing, held Nov. 16, included testimony from several pro-legalization advocates and civil liberties experts. Udi Ofer, executive director of the New Jersey branch of the ACLU, pointed to the viral video of Christie’s diner speech, noting a disconnect between the governor’s words on addiction and his actions on cannabis law.

“Here we have a governor who talks about how the war on drugs has failed,” Ofer said. “Yet we have seen arrests increase over time. There’s an inconsistency there.”

New Jersey Lawmakers Talk Legalization

Court Says Toking in Car Is "Public"

A Michigan appellate court ruled in November that medical marijuana patients may not legally consume the drug in their cars while parked on public property.

The opinion was handed down on a 2-1 vote by the justices of the state’s Court of Appeals. It held against a man who was busted two years ago after police said they caught him smoking cannabis in his car while parked at the Soaring Eagle Casino.

Robert Michael Carlton was arrested in August 2013 after security guards at the casino tipped police they had seen him smoking a joint in his car. They said they watched him over a closed camera security system.

The fact that Carlton was sitting in his car with the windows rolled up and the doors locked did not protect him from the statute that prohibits public consumption, the justices wrote. That’s because the car was parked in a parking lot that was open to the public, they wrote.

Carlton is a legitimate medical marijuana patient

Carlton faces a marijuana charge that police say stemmed from his public consumption violation. He is a registered medical marijuana patient, a fact his lawyers stressed before the court.

The attorneys argued that the charges should be dismissed because Carlton is a legitimate patient and because he was toking in a privately owned car with the windows and doors closed and locked. The car wasn’t open to the public, they argued, so his use shouldn’t be treated as a crime. The court, however, disagreed.

The justices sided with prosecutors, who contended that it didn’t matter whether Carlton was inside a privately owned car. The car was parked in a lot that is open to the public, prosecutors said, and that means he was smoking in public.

Case sent back for trial

Carlton had won before a trial judge, who dismissed the charges, and that decision was upheld by an intermediary appellate court. But the Court of Appeals voted to reverse the dismissal, sending the case back for trial.

“The electors chose to exclude patients who smoke medical marijuana in any public place from the protections of the act,” justices Michael J. Kelly and Christopher M. Murray wrote in the majority opinion.

The parking lot is accessible to anyone visiting the casino, the justices wrote, and the public is allowed to use it. While Carlton’s car is private property, they held, “the person is at the same time located in a public place.”

Justice Douglas Shapiro wrote a dissenting opinion, arguing that his colleagues were “too quick to ignore the common-sense privacy component of a personal vehicle.” Michigan’s medical marijuana statute “leaves open the possibility that in some circumstances, a private vehicle can constitute a ‘private place’ even though it is located in an area to which the public has access.”

Shapiro noted that security guards were the only people who witnessed Carlton’s toking, and they only saw it over a camera network. No one else was in the vicinity, and no one else could see or smell what he was doing.

“Under these circumstances, I see no reason why we are better suited to deciding the issue than a jury,” Shapiro wrote.

Court Says Toking in Car Is "Public"

Alaska Could Allow Marijuana Bars

Marijuana is already legal in Alaska, but it won’t go on sale in retail stores until next year. When it does, stoners may be in for a pleasant surprise: The state might let them use their favorite drug on the property.

The state’s Marijuana Control Board voted 3-2 in November to allow customers to use cannabis at the store that sells it to them. This would in effect open the door to the kind of pot bars tokers have pushed for elsewhere.

The vote is only a first step. Lt. Gov. Byron Mallott, a Democrat, must approve it before it could take effect. But if it becomes policy, marijuana shops would be allowed to set aside designated toking areas and permit customers to smoke or otherwise consume the drug there.

Cannabis use limited to private property

No other state yet allows adults to smoke anywhere outside private property, a rule that limits most people to smoking at home. Marijuana advocates note that this encourages irresponsible consumption by forcing tokers to hide their use.

In Colorado and other states with legalization, many users – both tourists and residents – smoke in their cars, often while driving. This is not a good thing, for obvious reasons. Efforts to legalize commercial cannabis clubs in Colorado have so far come up short.

Of the board’s five members, two voted against on-site consumption rules, including the member who represents the public health sector and the member who represents the public safety industry (police). Doctors and cops have been among the slowest groups to get on board with legal reform.

The vote will send the new regulation to the state for a legal review before Mallott signs or rejects it. Until he does, the board has put off any detailed discussion of what Alaska’s marijuana shops should look like or how they would be regulated.

Marijuana social clubs remain illegal

Shops would still have to comply with bans on any kind of indoor smoking, so the designated areas would have to be outside – not a pleasant prospect in Alaska in the winter. Marijuana social clubs, which allow private members to bring their own cannabis, are still illegal, said board Director Cynthia Franklin.

These clubs sprang up in the years before legalization was passed at the polls in 2014. Their owners have argued that they’re legal because their membership is private, but the state has decided that the clubs are in fact open to the public and violate laws against public consumption.

The debate that preceded that decision often grew heated, as advocates pointed to the downsides of a rule against cannabis bars. In August the board sought to ban all such clubs, discussing proposed regulations that would have prevented any kind of public gathering spot for stoners. Local reaction was deeply negative.

Board members complained at the time that they lacked the authority to create a license type for on-site marijuana consumption. Only four licenses were created when voters legalized: retail, manufacturing, cultivation, and testing labs.

Under the new policy approved in November, the board adopted rules that would allow a retail license holder to set aside space for consumption. And it would redefine retail shops as private rather than public spaces.

Alaska Could Allow Marijuana Bars

Rihanna Says No to "MaRihanna"

If it seemed too sweet to be true, that’s because it was. Sadly, contrary to the celebrity gossip circuit, hip hop legend Rihanna will not be dipping her toes into the waters of legal marijuana anytime soon.

That word came from her people, who denied the hot rumor that the singer planned to open a first-of-its-kind celebrity cannabis business, based in Colorado. She was going to call it “MaRihanna by Rihanna,” according to the rumor.

This particular urban legend apparently got its start at a High Times Cannabis Cup event in Negril, Jamaica, in November. Someone who claimed to be at the event tipped CelebStoner, a marijuana gossip website, that she had announced her plans to an audience there.

“MaRihanna by Rihanna is truly the first mainstream cannabis brand in the world and proud to be a pioneer,” Rihanna allegedly said. “Marihanna is blazing a trail for the industry.”

According to myth, the singer planned to open shop in Colorado by the first quarter of 2016. She was allegedly planning to sell three strains: Karibbean Kush, Haitian Haze and Jamaican High Grade, along with edibles and marijuana concentrates.

But Rihanna and her staff shot down the story immediately, saying it was “completely untrue” and noting that she had no plans to relocate to Colorado or open any business there. Rihanna is currently working on a joint venture with Samsung, ANTIdiaRY, which was launched while the rumor was still circulating.

It’s not a stretch to imagine Rihanna involved in the legal cannabis industry. She is outspoken about her use of the drug, weaving it into her songs and performances, and two years ago she posted a pic of her toking under the hashtag #legalizeit.

But there were a few big clues this was just another empty Internet rumor – and not an especially creative one, at that. The strain names may be the most obvious giveaway; Haiti isn’t exactly known for its bumper crop of THC, and “Jamaican High Grade” sounds like something out of a Cheech & Chong movie – way back in the late 1970s.

Rihanna Says No to "MaRihanna"

New Hampshire Patient Seeks MJ from Maine

Medical marijuana is on its way to the Granite State, but for at least one local woman, it literally may not get there fast enough.

Linda Horan suffers from terminal cancer and could die at any time. Now her lawyer says he believes she is eligible to get medicinal cannabis from dispensaries in Maine, even though MMJ is not yet available on the retail market in her home state. If she succeeds, it would mark the first time a state has allowed a patient to get a head start by buying from a neighboring state.

Linda Horan, who lives in Concord, N.H., has applied for a medical cannabis ID card before the first dispensaries open. Her lawyer, Paul Twomey, filed court papers Nov. 19 outlining her case.

Horan has asked a judge to force health authorities to issue her a card promptly so she can use it to buy medical marijuana in Maine. That state allows reciprocity arrangements, meaning some patients from out of state may buy and use medicinal cannabis there.

Lawyers for the state told the court Horan’s request would undercut the state’s program and its need to limit the drug’s distribution. They say Horan should have to wait like everyone else.

Horan would be covered under new MMJ law

But that is a luxury she may not have. After a hearing earlier in November, she said she could well be dead by the time the first dispensaries open in New Hampshire next year. Horan, a retired telephone worker and labor activist, suffers from terminal cancer, a condition that will be covered by MMJ once it takes effect.

The case was heard by Merrimack County Superior Court Judge Richard McNamara, but he didn’t say during the hearing whether he would rule in Horan’s favor. The hearing was an opportunity for lawyers on both sides to submit arguments and other paperwork.

Assistant New Hampshire Attorney General Francis Fredericks said Horan is misrepresenting Maine’s reciprocity law. Maine, Fredericks said, only allows out-of-state students and vacationing tourists to use medical marijuana, not people who cross the state line only to buy or consume the drug. Federal law prohibits any interstate shipment of cannabis, so presumably Horan would be forced to use her medication in Maine.

Fredericks also noted that Granite State law doesn’t allow patients to get their marijuana from any source other than a state-licensed alternative treatment center (ATC).

“This system of checks and balances involving the distribution of a controlled substance to New Hampshire patients is deliberate and, until an ATC is operational, it is incomplete,” Fredericks wrote in court filings for the state.

Maine dispensary owners have shown support

At least two dispensary owners from Maine signed affidavits for Twomey testifying that they would provide Horan with cannabis once she has a New Hampshire ID card. Twomey told the court Horan has invitations from several Maine residents, including a state lawmaker who helped pass medical cannabis six years ago.

Lawmakers who helped enact medical marijuana in New Hampshire, meanwhile, said they were frustrated with the attempts to block Horan from getting her medicine. State Rep. Renny Kushing said health authorities were wasting time and money when they could be helping patients.

“People should have been going out of their way to treat her and every other patient with dignity and compassion rather than throwing up barriers,” Cushing said. “Virtually every lawmaker is shaking their heads in disbelief.”

New Hampshire Patient Seeks MJ from Maine

Cops Close Marijuana Dispensaries in Michigan

Police in Western Michigan raided three medical marijuana dispensaries in November, shuttering the business and seizing cannabis, cash, and other evidence.

The raids took place Nov. 18 in Kent County, which includes Grand Rapids. Police there said the shops were operating illegally, as Michigan does not currently allow dispensaries.

Officers with the area’s Metropolitan Enforcement Team and the Kent County Sheriff’s Department raided the shops at night. Police declined to say exactly why they targeted the stores, or what kind of charges might follow, but said they found marijuana, money, and other evidence inside the dispensaries.

At least one of the shops was new. The TPC dispensary, located in Rapids, opened in recent weeks. Neighbors of the shop said they were surprised by the busts, especially considering that the state allows medicinal cannabis.

“It kind of shocked me,” said Klayton Steffes, a nearby resident. “I saw all the squad cars and I was like wow, they are already getting raided. My mom uses medical marijuana as kind of a pain reliever. I know she comes over here. It’s nice. It’s convenient. It’s down the corner from my house.”

Police didn’t say whether they have any suspects, and they hadn’t made any arrests as of Nov. 19. Officers said the shops may have common ownership, but didn’t name the alleged owners. The investigation started with an anonymous tip, the sheriff’s department said.

MMJ legalized in 2008

Medical marijuana has been legal in Michigan since 2008, when it was approved at the ballot box by wide margins. A majority of voters supported MMJ in every county in the state, yet local law enforcement has tried repeatedly to stop patients from getting their medicine.

Police and prosecutors in Michigan have an especially hard time accepting that MMJ is law. An assistant prosecutor in the Upper Peninsula tanked a criminal trial last year after she went on a courtroom rant against legal medicinal cannabis.

Dispensaries have never been explicitly legal in Michigan. They weren’t covered by the 2008 ballot initiative, and the state Supreme Court ruled that police can use local nuisance laws to force unapproved shops to close.

Patients permitted to cultivate

Patients may still grow their own marijuana, or they may pay caregivers to grow for them under limited circumstances. But they have no way to buy the drug on the retail market, and that means that patients without green thumbs and without access to caregivers must buy from the black market.

That could soon change. The state House passed a bill in October that would legalize dispensaries across Michigan and create a state board to license the shops, growers, processors, shippers, and testing laboratories that make up the medicinal marijuana industry.

It remains unclear whether the bill can win a Senate majority or Gov. Rick Snyder’s signature. Snyder, a conservative Republican, hasn’t committed to the legislation, but its prospects are considered good.

Ironically, GOP dominance in Michigan state government could help the bill. Republicans tend to oppose marijuana reform more than Democrats, but MMJ is widely popular in Michigan, and lawmakers there may try to take advantage of that fact by pushing the dispensary legislation through the Senate.

In a politically divided state, this might prove more difficult, as both sides could find it impossible to negotiate laws that alleviate all their concerns. But in a one-party state such as Michigan, popular bills often makes its way to the governor’s desk faster.

Cops Close Marijuana Dispensaries in Michigan

Marijuana and Pregnancy: An Overreaction?

Pregnant women are well advised to stay away from alcohol, hard drugs, and cigarettes. The evidence on all of these substances is clear: They do real harm to fetuses, harm that can follow a baby into childhood and beyond.

Smoking while pregnant can result in birth defects, low birth weight, and even fatality: Babies born to mothers who smoke are at greater risk of sudden infant death syndrome. Drinking while pregnant causes fetal alcohol syndrome. And illegal drug use can lead to miscarriage, infant addiction, and fetal death.

But what about marijuana? Is it OK to toke while pregnant, or will you do more harm than good?

Warning labels on cannabis products

As it turns out, this is a hotly debated issue right now. In November, the American Medical Association, the nation’s largest group of doctors, proposed a warning label for cannabis products: “Marijuana use during pregnancy and breastfeeding poses potential harms.”

Contrast that with one of the warnings required on every tobacco product: “Smoking by pregnant women may result in fetal injury, premature birth, and low birth weight.” Note the cigarette warning is much more specific than the proposed cannabis label.

The reason for the distinction is that we have a lot more evidence that tobacco hinders fetal development than we do that marijuana is harmful in pregnancy. The same is true of alcohol and drugs such as cocaine and heroin.

Lack of research on marijuana’s effect on pregnancy

It’s not an academic issue. In October, an Ohio couple temporarily lost custody of their newborn daughter after hospital blood tests returned a positive result for non-psychoactive metabolites of THC. The tests did not provide evidence the fetus had been exposed to THC or its psychoactive effects; in other words, it never got high.

Hollie Sanford acknowledged she used a marijuana tea to treat her morning sickness and to alleviate chronic pain caused by a pinched sciatic nerve. She said she researched the drug and determined it was much safer than prescription pain pills. Statistically speaking, she was right.

But a judge didn’t see it that way, and took the child from Hollie and her husband. The girl was returned after several days following a higher court ruling. But Hollie was forced to promise not to use cannabis, even though it’s safer than the alternatives.

Cannabis is safer than opiate alternatives

Why the fuss if there’s no evidence cannabis harms fetuses? More than anything, it’s probably an attempt by doctors, lawmakers, and regulators to mitigate the inevitability of marijuana reform.

Legalization is coming, and many physicians are unhappy about it. They insist cannabis should be evaluated by the FDA before patients may use it – a political and practical impossibility – and often discourage patients from toking even if it helps them.

The AMA may be issuing its proposal in hopes it can at least limit the public’s exposure to marijuana. And by doing so, the nation’s doctors may end up sending patients like Holly straight into the arms of notoriously addictive opiate painkillers – and those really do hurt babies.

Marijuana and Pregnancy: An Overreaction?

New Jersey Teen Can Use Marijuana at School

A New Jersey schoolgirl with autism and severe epilepsy will be able to return to classes after the state’s governor signed a law granting her the right to use medical marijuana at school.

Gov. Chris Christie’s signature came after months of legal wrangling over Genny Barbour’s rights to medication. Hers was one of the first cases in the country to raise the question of whether students may use the drug on school campuses.

Almost every school in the United States – possibly all of them – are designated “drug free school zones.” Penalties for any kind of drug possession are even harsher than they are under other circumstances. And these designations make it impossible for school officials to allow MMJ use.

Second state to allow CBD oil at school

New Jersey is now the second state, after Colorado, to enact laws that create an exception for non-intoxicating medicinal cannabis. This preparation, known as CBD oil, is what Barbour uses to treat her seizures and autism.

“We never thought that it would happen,” Lora Barbour, Genny’s mother, told People magazine. “It was Governor Christie who passed this bill. We thought we would have to battle everything through the court system.”

The governor’s support came as something of a surprise, given his long record opposing medical marijuana reforms. Christie is running for president and has carved out a (small) niche as the candidate most strongly opposed to legalization of any kind.

Surprising support from Gov. Christie

But the governor is also a passionate supporter of treatment rather than jail time for addicts. He has spoken about the issue convincingly on the campaign trail, and a video of one such speech quickly went viral.

The law he signed was inspired by Genny, 16, and her struggle to take MMJ at school. Her symptoms wax and wane throughout the day, based on her cannabis intake. That meant her afternoons were especially hard to manage because she couldn’t take the drug on campus. Now that shouldn’t be a problem.

Genny was attending schools in half-day increments because she had to return home in the afternoons for her medicine. She is now able to return to a full-day schedule, her mother said.

New law bars involvement of school nurses

Following the law, Genny’s school, the Larc School of Bellmawr, adopted a new policy that lets her use her medication between classes. She must administer the drug with her mother’s help, since the policy bars school nurses from taking part. She is limited to non-intoxicating cannabis oil.

School officials touted their new policy as the first of its kind, but Colorado lawmakers voted in May to adopt similar rules statewide. It is unclear how many students have taken advantage of that law, but it was inspired by at least one teenager who fought for access to MMJ.

Lora Barbour said she’s still upset that the state failed to allow help from a school nurse. Officials still aren’t treating her daughter’s medicine as medicine, she said.

“It’s frustrating, because is it a medicine or is it not a medicine?” Lora Barbour said. “What parent has the time to go into the school every day to do it?”

New Jersey Teen Can Use Marijuana at School