Sunday, February 28, 2016

Vermont Could Legalize, Soon

Lawmakers in Vermont are moving to legalize marijuana even faster than anticipated.


Vermont State SenateThe state Senate voted in February to pass legislation that would make cannabis legal for recreational use. The drug is already allowed as medicine.


State senators voted 17-12 to approve the bill Feb. 25. The day before, they cast a preliminary vote of 16-13, according to local press reports.


The bill now moves to Vermont’s House of Representatives. If it passes there, Gov. Peter Shumlin must sign it into law. Both houses of the legislature are controlled by liberal Democrats, making it more likely the legislation will pass. Shumlin is also a liberal Democrat.


Vermont lawmakers apprehensive of moving too fast


But nothing is guaranteed. Shumlin and leading lawmakers have cautioned against moving too fast. The governor said he wants to legalize and would eventually sign legislation to accomplish that. But he hasn’t yet committed to signing this bill.


“To do it right, we must do it deliberately, cautiously, step by step, and not all in one leap as we legislate the lessons learned from the states that went before us,” he said in his State of the State address this year.


New law would make marijuana possession legal in Vermont


Marijuana VoteThe proposed law would make it legal for adults 21 and older to buy and possess up to half an ounce of marijuana. This amount is smaller than the limits adopted when Colorado, Oregon, Washington, Alaska, and the District of Columbia legalized in 2012 and 2014.


But legal pot in Vermont would mark a major victory for drug policy reformers and cannabis advocates. It would be the first time legalization has been adopted by legislature rather than public referendum. It would also mark the first time recreational cannabis has been legalized in New England.


Once Shumlin signs the bill, as expected, regulators could start issuing cultivation licenses late next year, while retail sales could start in early 2018, according to local reports.


Putting an end to the drug war


Lawmakers said they want to fix a broken criminal justice system and end the madness of the drug war.


“Most people believe the policy we have in place now is not working,” House Speaker Shap Smith said. “I think the question that has to be answered is will the alternative that’s come over from the Senate address the areas where the policy isn’t working now? Whether we can fix it this year is an open question.”


If the law takes effect, Vermont would lead the way among states moving toward legalization in 2016. Voters in California, Arizona, Maine, Massachusetts, and other states could all vote on the issue in November, while it is already slated to appear on the ballot in Nevada.



Vermont Could Legalize, Soon

Denver Crime Up, but Not Because of Marijuana

Marijuana is legal in Colorado. Crime rates are rising in the state’s biggest city. Did one cause the other?


Marijuana HandcuffsProbably not, experts say. A report in The Denver Post concludes that legalization is not to blame for a minor uptick in crime rates in the city. Even police agree.


“Crime is up,” said Sonny Jackson, spokesman for the Denver Police Department. “But I don’t know if you can relate it to marijuana.”


It’s hard to know for sure what effect legalization has had on crime in Colorado. But observers agree the impact has been small. And the data that shows a spike may be misleading.


Impact of legalization on crime has been small


The Post reported that the number of crimes reported by the city has risen by 44 percent since 2012, when voters legalized marijuana. But police have said in the past that the numbers are inflated, pointing to the FBI Uniform Crime Report as a more accurate assessment.


That report shows crime rates climbed by just 3.5 percent over the last three years. And population growth could account for some of the increase, the Post reported.


The city’s statistics played into a recent vote by New Mexico lawmakers, showing the propensity of politicians to oppose reform using fuzzy numbers. New Mexico State Sen. William Sharer, a Republican, pointed to those figures as proof legalization would lead to more crime.


The bill in New Mexico would ask residents whether they want to vote on legalizing cannabis for recreational use in November. It was defeated 24-17.


Crime reports could also affect a lawsuit pending before the U.S. Supreme Court. The justices were scheduled to discuss the case in February and decide whether to take it.


Crime reports could affect lawsuit


Marijuana CrimeThe suit, filed by officials in Nebraska and Oklahoma, seeks to scuttle legalization in Colorado by barring commercial growers and retail pot shops. The two states claim large amounts of marijuana are flowing across their borders.


The outlook in that case has improved substantially with the death of Supreme Court Justice Antonin Scalia earlier this month. But it could continue to pose a threat to reform.


In Denver, officials tracked serious crimes involving cannabis. In 2012 the city reported 223 crimes, with 172 tied to the legal marijuana industry. In 2014 the number rose to 251, with 183 tied to the industry – an increase in industry-related offenses of less than 7 percent, even as the legal market has exploded in size.


What’s more, cannabis offenses account for less than 1 percent of all crimes reported in Denver each year, according to the FBI.


“There’s absolutely no evidence that our change in marijuana laws has contributed to any specific crime increase,” said Mason Tvert, spokesman for the Marijuana Policy Project.


A study by students at Metropolitan State University in Denver last year reached the same conclusion. Even opponents of reform say Sharer was wrong about the link between crime and cannabis.


“That’s a relatively small number of crimes,” said Tom Gorman, director of the Rocky Mountain High Intensity Drug Trafficking Area, a non-profit that has fought legalization. “When you look at overall crime in Denver, there’s so many reasons that crime rises and falls.”



Denver Crime Up, but Not Because of Marijuana

Colorado Pulls Down $1B in Marijuana Sales

Colorado’s legal marijuana industry generated nearly $1 billion in retail sales during 2015, according to numbers released by the state in February.


Marijuana MoneyThe Colorado Department of Revenue, which collects state taxes, reported that cannabis sales, both recreational and medical, came in at about $996 million, a record for the industry and a 42 percent increase from 2014.


August saw a record monthly haul of more than $100 million. But the market fell just short of expectations for the year, which predicted annual revenue above $1 billion.


Still, the report marks a milestone for the state and for the legal pot industry. And for the first time, recreational sales outpaced medical sales. Customers paid $587 million for recreational marijuana and $408 million for medical cannabis.


That’s an 88 percent increase in recreational sales from 2014, while medical marijuana sales increased by just 5.8 percent. Legal recreational cannabis first went on sale in January of that year.


The sales numbers weren’t the only good news for Colorado and marijuana users. The state drew $135 million in sales taxes, excise taxes, and licensing fees. At least $35 million will go toward school construction projects, and other money will pay for drug education, addiction treatment, and police.


Other states looking at legalization should find motivation in the data from Colorado. Legal cannabis wouldn’t make up for big holes in state budgets, but taxes could relieve the high cost of the public school system. And because the taxes affect only users and marijuana businesses, they’re appealing to lawmakers and voters.


Voters in California, Nevada, Massachusetts, Maine, and Arizona are likely to vote on legalization in November. Ohio, Vermont, New York, and other states could join them.


The outlook for legalization in these places is complicated, however. Not every aspect of reform in Colorado has been rosy, and other states may see obstacles in the state’s experience.


marijuana leafFor one thing, local communities in Colorado can ban pot shops, so residents are faced with a patchwork of conflicting laws across the state. What is legal in one county may not be legal in the next.


California already faces this problem in its medical marijuana program. Hundreds of local governments have banned dispensaries and cultivation, fearful of full legalization. It could prove hard for other states to prevent these bans.


Lawmakers outside Colorado might also fear edibles, which have raised concerns in that state. Labeling and portioning problems have led to new regulations, but worries that edibles will appeal to children could give other states pause.


Banking issues also pose difficult choices for lawmakers. Almost all U.S. banks refuse to serve marijuana business because the drug is prohibited under federal law. That forces pot shops to do business only in cash – and that in turn puts farmers, drivers, and retailers at risk of violence.


These issues may not be enough to stop legalization in every state, but they could lead to a few defeats on Election Day. The view from Colorado is mostly good, but the road to nationwide reform will be bumpy.



Colorado Pulls Down $1B in Marijuana Sales

Cops Find 2,000 Plants in California Bust

A raid in Northern California turned up more than 2,000 marijuana plants in February, according to the Shasta County Sheriff’s Office.


Marijuana Bust, Shasta County, CaliforniaOfficers with the department’s Marijuana Investigation Team – a task force dedicated exclusively to busting people who grow, ship, sell, and burn a plant – served search warrants at two sites in unincorporated Shasta County.


They were joined by officers from the Shasta Interagency Narcotic Task Force; the Burney, Cal., Patrol Division; and the California Department of Fish and Wildlife Watershed Enforcement Team.


Elaborate grow operation over two sites


At the first site, the department said, officers found 1,400 plants growing inside three elaborate buildings. They also seized about 5 pounds of processed cannabis, several guns, and a large generator authorities said was used to power a commercial marijuana farm.


The second site contained a sophisticated indoor grow operation with more than 660 plants. Officers discovered several code violations there, though no one was at the property and no additional arrests were made.


Officers also confiscated two boats, a motorcycle, and a utility box trailer, all allegedly used in the operation.


Authorities said both sites were linked to George Reuben Carey, a 32-year-old resident of Oak Run, Cal. Officers said he was the primary suspect in the case.


Baron Risling, a 35-year-old resident of Hoopa, Cal., was arrested at the first location, and authorities said he had a prior felony conviction that barred him from owning firearms or bullets. Risling was booked at the Shasta County Jail and charged with possessing a gun as a felon and several violations of county health and safety codes.


Authorities said they plan to hand Risling’s case to the county prosecutor’s office. They also said they would issue an arrest warrant for Carey.


The total number of plants found in the raid was 2,154.


Marijuana busts in northern California


Police LightsNorthern California is notorious among stoners, who have seen countless busts by local officials, state agencies, and federal law enforcement. Federal raids have become less common after President Barack Obama announced a new, more liberal marijuana policy in 2013.


But local and state police continue to put pressure on growers and dispensaries. The farm busted in February was allegedly illegal, so it wasn’t covered by state laws that protect medical marijuana businesses.


Still, the bust will not make a dent in California’s cannabis supply. The state produces more of the drug than any other, supplying 60 percent of the national market. Parts of Northern California are home to the largest illicit marijuana market in the country.


The state could legalize in the November election, assuming the issue makes the ballot. A group led by tech billionaire Sean Parker has already raised more than $2 million to fund the ballot campaign.



Cops Find 2,000 Plants in California Bust

24 States Considering Legalization This Year

More than 20 states could vote to legalize marijuana in November, according to recent news reports.


american_flag_marijuanaThat means 2016 could be the biggest year yet for cannabis reform. The San Francisco Chronicle reports that elections officials in 19 states have already received petitions to legalize the drug for recreation or medicine. When additional states are added, the list grows to 24.


If the winds blow in favor of pro-pot activists, reform could literally sweep the country in this year’s election. But that probably won’t happen.


Experts say only a handful of these states stand much chance of legalizing either personal or medical marijuana use. But even that would be a huge victory, opening up large swaths of the country to legal cannabis.


25 states already permit some form of legal marijuana


Those states would add to the 35 that already permit some form of legal cannabis. Some allow any use of the drug, others allow full medical use, and the rest allow non-intoxicating medical use.


According to the Ballotpedia, the 19 states include: Arizona, Arkansas, California, Florida, Georgia, Idaho, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Utah, and Wyoming.


As several states were omitted from the list, the real total is at least 24, according to The Weed Blog. The omitted states include Vermont, Rhode Island, Connecticut, New Hampshire, and New York, all good bets to legalize in coming years. Each but New Hampshire could legalize by way of legislation rather than referendum, a first.


Marijuana is currently legal in Colorado, Washington, Oregon, Alaska, and the District of Columbia. The last two elections in these states, in 2012 and 2014, were landmarks of cannabis reform, but 2016 could ultimately be even bigger.


Election could bring legal cannabis to the East Coast


Native American MarijuanaThe election could see the arrival of legal marijuana on the East Coast (Maine, Massachusetts, Vermont, and New York), and in the Midwest (Michigan). But many of the 24 states are long shots at best.


California, Nevada, Maine, and Massachusetts are considered the best bets to legalize. Arizona is also a promising target, though politics are more conservative there.


Public support for legalization is strong and increasing across the country. The most recent Gallup poll on the issue reported 58 percent of Americans want their states to legalize.


That doesn’t mean the fight is easy now. Opposition is still fierce, especially from law-and-order politicians, police, federal agencies, and prosecutors. All these people have a financial interest in perpetuating prohibition.


Even so, 2016 is shaping up to be a banner year for marijuana reform. By the time the dust settles, weed could be legal on both coasts and in parts of the nation’s interior – a major victory for the future of legalization.



24 States Considering Legalization This Year

Sunday, February 21, 2016

What"s Next for Legal Marijuana in America?

Marijuana is at a crossroads in the United States. Four states and the nation’s capital have legalized the drug for any use, while more than two dozen others allow medical cannabis.


Marijuana VoteMore reform is right around the corner. California stands a good chance of legalizing marijuana in November, as does Nevada. Arizona, Massachusetts, Maine, Vermont, and Michigan could also move on legalization this year.


So what exactly comes next for weed? Just how rosy is the future, and where will it take hold next?


The simple answer is that 2016 is shaping up to be a great year for people who oppose cannabis prohibition. The slightly more complicated answer is that success could vary from state to state, with activists likely to pull off some efforts but not others.


The best chances appear to be in California and Nevada. Marijuana advocates in the Golden State are currently gathering signatures to put the issue on the ballot in November. They have already attracted more than $2 million in funding.


Strong support in California


Public support among California voters is well above 50 percent in most polls, suggesting the initiative stands a good chance of passing if it makes the ballot. If voters approve it, California would become the most populous state to allow legal cannabis for personal use.


Nevada will vote on legalization in 2016


A similar initiative has already satisfied election requirements in Nevada and will appear on the statewide ballot. Few pollsters have tried to measure public opinion there, but the state’s libertarian leanings suggest the plan could make it past voters.


Activists are also pushing a legal marijuana initiative in Arizona, which borders both California and Nevada. That state is more conservative, which means advocates will likely face stronger opposition.


Maine and Massachusetts gathering signatures


Legalization could be on its way to the East Coast as well. Volunteers in Maine and Massachusetts are working to put the issue on the ballot in both states, and odds in each appear to be good, if not ideal.


Michigan MarijuanaIn Vermont, lawmakers could vote to legalize pot later this year, which would make the state the first to legalize by way of its legislature.


Michigan seeks to become first legal Midwestern state


Hopes are more subdued in Michigan, the first Midwestern state to consider legalizing marijuana for recreation (voters in Ohio, a neighboring state in the Mid-Atlantic region, rejected legal cannabis last year). Michigan already allows medical marijuana, and that program is very popular, but current politics suggest legalization faces an uphill battle there.


The state’s legislature is dominated by Republicans, and embattled Gov. Rick Snyder also belongs to the GOP. Snyder’s administration is on the verge of collapse because of its response to the widespread poisoning of tap water in Flint, Mich.


Strong support in Florida


Medical cannabis could also reach voters in at least two states, Missouri and Florida. The ballot campaign in Florida faces tough odds, as proponents must win at least 60 percent of the statewide vote in November. The proposal is expected at least to make the ballot.


The idea is very popular in Florida, so it’s possible it will pass. If not, talk of legalization will likely rise again in coming years. The same is true in Missouri, where conservative opposition is strong but reformers need only one vote more than 50 percent.


It’s impossible to know just how this year will shape up for marijuana policy in America. But it’s a pretty safe bet reform will continue to roll. There isn’t much that can stop it now.



What"s Next for Legal Marijuana in America?

Study Says Marijuana Doesn"t Cause Mood Disorders

Good news for marijuana users who suffer from mental illness or have a propensity toward it: Adult use of the drug does not cause depression or anxiety, according to a new study.


DepressionThe report, published in February in the journal JAMA Psychiatry, found that smoking cannabis as an adult is not associated with any of a range of mood and anxiety disorders. That includes bipolar disorder, major depressive disorder, and any of a number of anxiety disorders.


JAMA Psychiatry is a journal of the American Medical Association. The researchers behind the study examined medical records from almost 35,000 American adults who took part in the National Epidemiologic Survey on Alcohol and Related Conditions.


The sample size is much larger than in most marijuana studies, meaning the results are more likely to be reliable. Scientists studied the prevalence of the subjects’ cannabis use between 2001 and 2002, then examined their rate of mental health disorders between 2004 and 2005.


“Cannabis use was not associated with increased risk for developing mood or anxiety disorders,” researchers said.


The study controlled for other factors that might contribute to either cannabis use or mental illness, such as family history, early childhood environment, socioeconomic conditions, and psychiatric history.


Earlier studies have suggested that marijuana use is linked to anxiety and depression. The new survey refutes that conclusion, and with better numbers.


The study did have bad news, at least in terms of public perception. When the report was published, news stories quickly trumpeted its finding that there is a correlation between cannabis use and addiction to other drugs, including alcohol.


But the association doesn’t tell us much of anything. People who use pot may indeed be more likely to develop an addiction to alcohol or cocaine or heroin – not because one thing leads to the other, but because these people have a personal predisposition toward drug use and addiction of any kind.


This is not a hard idea to prove. People who smoke cigarettes are also more likely to drink alcohol regularly, but it’s well-established that tobacco doesn’t cause alcoholism. Instead, many smokers simply like getting a buzz, any buzz.


Brain, Mental Illness“The findings concerning cannabis raise the question of whether alcohol use also contributes to the risk of subsequent substance use disorders,” said lead author Mark Olfson of Columbia University. In other words, even if one drug causes addiction to other drugs, it might be the alcohol, not the marijuana.


Olfson said the mental health data are much more interesting, especially since they contradict previous results. The earlier findings, he said, may have been a result of uncontrolled factors.


Scientists try to use strict controls in their studies. These allow them to rule out external factors that could be causing particular results. For example, a control for family upbringing could allow researchers to conclude whether that or marijuana use is the real cause of addiction.


Keith Humphreys, a specialist in addiction and mental health medicine at Stanford University, called the study “a strike against the hypothesis that cannabis use causes mood and anxiety disorders.”


There is one flaw, he said, in that it doesn’t address previous research finding an association between cannabis use and schizophrenia. But the causal link between the two has never been fully explained. As with addiction, it’s possible the marijuana use causes schizophrenia, it’s possible schizophrenia leads to marijuana use, and it’s possible something else leads to both.


“I don’t know if we will ever know because it’s just hard to predict rare events, and schizophrenia is rare,” Humphreys said.



Study Says Marijuana Doesn"t Cause Mood Disorders

Iowa State Appeals Ruling on Marijuana T-Shirt Logo

Iowa State University officials are appealing a ruling by a federal judge who said they violated the First Amendment when they barred a group of pro-cannabis students from using the school’s logo on T-shirts.


The university’s lawyers, who also represent President Steven Leath and three other administrators, are appealing a January order from a federal trial judge to the 8th U.S. Circuit Court of Appeals. They’re appealing the ruling by U.S. District Judge James Gritzner, who issued a permanent injunction prohibiting the school from blocking the T-shirts with a trademark claim.


The shirts depicted the Iowa State mascot, Cy the Cardinal, along with a depiction of a marijuana leaf. Gitzner ruled that efforts by the school to stop the students put an undue burden on them and violated their rights to political expression under the First Amendment.


Federal judge ruled in favor of students


Cy the Cardinal Iowa StateGitzner’s decision came in a lawsuit filed in 2014 by Erin Furleigh and Paul Gerlich, both former presidents of Iowa State’s branch of NORML. School officials approved the shirts but later reversed that decision, Gerlich and Furleigh said, after conservative lawmakers and donors pressured the school to backtrack.


The university also withdrew its adviser to NORML and drafted new trademark rules specifically designed to stop the student group. The rules bar any use of university logos on products endorsing illegal drugs. Marijuana is illegal for any use in Iowa.


Iowa State University gave in to Republican pressure


The court agreed with Furleigh and Gerlich that the school caved to Republican pressure and expressly acted to prevent political speech. That type of expression is explicitly protected by the First Amendment and is usually afforded more deference than trademark laws.


Robert Corn-Revere, the attorney who represented the two former students in their marijuana lawsuit, said administrators denied NORML members their basic right to express a viewpoint that conflicts with that of the school.


“ISU’s appeal to the Court of Appeals did not come as a surprise,” Corn-Revere said. “We look forward to the appellate court confirming Judge Gritzner’s well-reasoned holding that any reasonable public official would have understood that ISU’s politically motivated actions toward NORML ISU violated the First Amendment.”


University lawyers insist they have legal grounds


NORML-4201.jpgUniversity lawyers mostly ignored the First Amendment claim and insisted they have a right to enforce their trademark – even if it interferes with the protected expression of students.


“It is our view that the U.S. Constitution and a recent U.S. Supreme Court decision give us discretion in permitting trademark use,” said Iowa State spokesman John McCarroll. “We are appealing because we regard this as an important issue of law.”


If the students win the appeal, they plan to seek damages from administrators, as well as court costs and attorneys’ fees. If they lose they could appeal to the U.S. Supreme Court. Given the court’s current composition, they would stand a good chance should the justices decide to take the case.


Gritzner’s ruling, issued in January, was a setback not only for the school but for Leath and the other officials named in the suit. The judge ruled that the administrators could not claim qualified immunity, meaning they could be held personally liable for damages.


Qualified immunity protects public officials from lawsuits against them as individuals if they didn’t violate clearly established law with which a reasonable person in their position would be familiar.


“A reasonable person in defendants’ position would understand that their conduct, aimed at silencing political controversy associated with the group’s political views, was unlawful under the circumstances,” Gritzner said.



Iowa State Appeals Ruling on Marijuana T-Shirt Logo

"Organic" Marijuana Probably Isn"t Organic

“Organic” is a big selling point in the marijuana world. Stoners tend to be conscious of both environmental and health issues, and they often want cannabis that matches those interests.


Marijuana PlantBut when it comes to marijuana, “organic” doesn’t mean what most people think it does. In fact, it doesn’t mean anything at all.


“Certified” or otherwise, “organic” is just a label growers put on their product to increase profit. Some of their produce might actually be organic, but much is not.


That’s because cannabis remains illegal under federal law, even as four states have legalized it using their own laws. The federal government has defined “organic” as it applies to food, but that doesn’t cover controlled substances.


Controlled substances not covered under federal law


That means growers can claim almost any marijuana is organic, and no one can stop them. Lawmakers in Colorado could soon act on the problem by creating a statewide definition of the term and regulations to enforce it.


“Consumers have a right to know what they’re putting in their body,” said state Rep. Jonathan Singer.


Singer has authored legislation that would enact new regulations. Rather than directly creating a legal definition of “organic,” the bill would direct the state’s agricultural department to hire a third party to draft one.


Thousands of “organic” plants seized in Colorado


Certified Organic LabelWorries about organic cannabis claims surfaced last year when health officials in Denver seized thousands of plants and accused growers of using banned chemicals, none of them organic. Even so, much of this product was labeled “natural” and “organic.”


Medical marijuana patients are especially vulnerable to misleading claims about how the drug is produced. Belief that cannabis is organic is one reason many patients prefer the drug to prescription medications, said Teri Robnett, director of the Cannabis Patients Alliance.


Statewide rules should resolve the problem, Robnett said, giving patients access to healthier choices. The legal marijuana industry generally supports Singer’s legislation, but growers say they shouldn’t have to pay for the cost of enforcement.


Enforcement and regulation could be burdensome for smaller cultivators


That could be a particular burden to small “craft cannabis” cultivators, since they are charged whenever regulators inspect their plants.


The federal government defines “certified organic” as plants grown on soil free of banned substances, including most synthetic fertilizers and pesticides. The definition requires that growers get state approval for any use of prohibited chemicals for cultivation purposes.


Even with this definition, there is a considerable amount of fraud involving the use of “organic,” with marijuana and with other plants. Organic products have become increasingly popular in recent years – popular enough that they can be found even in big box retailers and warehouse grocery stores.


Cannabis is no exception. The market for organic product is large and likely to continue growing. The need for regulations and enforcement will keep growing with it.



"Organic" Marijuana Probably Isn"t Organic

Wednesday, February 17, 2016

Here"s How Scalia"s Death Could Impact Marijuana Law

Love him or hate him, Supreme Court Justice Antonin Scalia was a titan of the legal world. He had more influence on the tenor and politics of the high court than almost any other justice in American history. His bombastic but carefully constructed opinions are considered the peak of legal writing in America.


Supreme Court Justice Antonin ScaliaWith his unexpected death in February, the future of the court suddenly became a major issue in the 2016 election. But how will it affect marijuana law?


First, some background. Scalia was appointed to the court in 1986, by President Ronald Reagan. He immediately pushed the court to the right, and continued to do so throughout his tenure there.


This was not especially helpful to cannabis causes. Scalia, for example, wrote the opinion in Gonzales v. Raich, a significant ruling against medical marijuana in California.


That case declared that federal agents and prosecutors are within their authority to arrest and charge Californians who grow marijuana for medical use, even if they comply with the state laws that allow it.


This fueled a long-running campaign by U.S. attorneys and DEA agents to shutter the state’s medical cannabis program. They failed, and their efforts have tapered off, but the effect on the industry was devastating.


Otherwise, though, Scalia took a back seat on cases involving marijuana. He repeatedly stood up for the constitutional rights of criminal defendants, including drug offenders, but he never voted in favor of easing anti-cannabis laws.


In the end, his effect on marijuana law may owe less to his jurisprudence than to his death.


President Barack Obama, a liberal Democrat, now has a chance to fill Scalia’s vacant seat on the bench. Republicans in the Senate have vowed to prevent a vote on any nominee Obama picks until after the November election. If they succeed, a new justice wouldn’t take the seat for at least a year.


If a Democratic candidate wins in November, he or she would probably be able to install a liberal justice who might be friendly to marijuana concerns. But Obama may still get a chance to do that himself.


Marijuana and GavelIf he doesn’t, the court will likely decide several major cases this year by 4-4 tie votes. In that event, the lower court rulings would stand, a fact that should benefit liberals over the next several months.


There is a critical marijuana case that could soon reach the court. The justices haven’t decided yet whether to hear it, but if they do, weed would probably win.


The lawsuit was brought by Republican officials in Oklahoma and Nebraska. They claim huge amounts of marijuana are flowing into their states from Colorado, and they want the court to kill legalization in that state. Locals would still be allowed to grow marijuana and possess it but could no longer buy it in retails stores.


It’s unclear how likely the court is to accept the case, and it’s even less clear which way the justices would have leaned with Scalia still on the bench. But without him, the case is likely to tie. And that would end the lawsuit, at least for now. The same is true if the court refuses to hear the suit; at least four justices must agree to take it up.


That would be a huge win for cannabis reform. Conservative states would no longer pose a threat to Colorado’s legal pot experiment, and that in turn would free up other states to consider legalizing. So in the end, Scalia’s death could permanently change cannabis law nationwide. Let’s hope the change is for the better.



Here"s How Scalia"s Death Could Impact Marijuana Law

Tuesday, February 16, 2016

Activists Push Long-Shot Legalization in North Dakota

It’s not exactly ground zero for marijuana reform in America, but activists in North Dakota are pushing a new proposal to legalize the drug in the November election.


Advocates submitted a proposed ballot initiative to the North Dakota secretary of state’s office Feb. 10. The plan would make it legal for adults 21 and older to grow, buy, possess, and use small amounts of cannabis, as well as pipes and other paraphernalia, and would provide regulations for a new marijuana industry.


Proposal would remove cannabis from illegal drugs list


South DakotaSpecifically, the proposal would remove language defining marijuana and marijuana-based products as illegal drugs under the North Dakota Century Code. It would also delete statutory language criminalizing cannabis paraphernalia.


The initiative would also allow state and local governments to impose a sales tax capped at 20 percent, though it would leave that task to the North Dakota Legislature.


Prohibition has failed


“We don’t think the reasons for a prohibition are legitimate,” said Eric Olson of Fargo, N.D., the committee chairman for the group pushing legalization.


Olson outlined the well-known arguments for legalization, noting that cannabis doesn’t hurt other people and that treating the drug as a crime has led to huge increases in the number of Americans behind bars – especially young, black Americans.


Opponents of the idea are sure to throw around “propaganda” claiming marijuana is dangerous or addictive, Olson said. But the idea is popular, he said, and should draw enough votes to pass.


Whether that’s true is an open question, but not by much. North Dakota is easily one of the most conservative states in the country, hardly an ideal place to launch a campaign to make pot legal.


Could be difficult to find support in conservative North Dakota


He’s probably right about the tactics opponents will use should his effort make the ballot. But he’s probably wrong about the mood among voters in the state. It’s a valiant effort, but one that’s unlikely to succeed anytime soon.


Marijuana VoteThe biggest hurdle will be getting the group’s question on the ballot. That will require clearance from the secretary of state’s office and valid signatures from more than 13,000 voters statewide by July 11. First, elections officials must approve or reject the title and format of the petition, a decision expected in February.


The plan’s prospects are further clouded by a separate attempt to put medical marijuana on the ballot. That initiative, filed last fall, was initially rejected but later cleared, and volunteers are gathering signatures now. Olson said he doesn’t think two ballot questions would confuse voters, who can “vote for one or the other or both.”


That’s often not the case when voters are faced with dual ballot items. Their confusion typically leads them to reject both, according to elections experts.


Neither proposal is especially likely to appear on the ballot, let alone pass in November. Attempts to legalize cannabis on an Indian reservation in neighboring South Dakota last year met with outrage from state lawmakers and law enforcement.


Even medical marijuana has failed in North Dakota. A bill to make it legal lost by a lopsided vote in the legislature last February. That March, an attempt to approve a short-term study of medicinal cannabis also failed.



Activists Push Long-Shot Legalization in North Dakota

Saturday, February 13, 2016

What do Iowa and New Hampshire Mean for MJ?

The Iowa caucuses and the New Hampshire primary are over, and the results are in: New York real estate tycoon Donald Trump holds the Republican lead, barely, while Vermont Sen. Bernie Sanders has pulled ahead on the Democratic side – for now.


American Flag MarijuanaBut what does all this mean for marijuana in America? Is national legalization getting more or less likely? And who is best poised to get it done?


As a general, practical matter, the outcome on both sides augurs well for the future of cannabis reform. Sanders is more progressive on legalization than his only opponent, Hillary Clinton, and while Trump purportedly opposes the idea, he has backed it in the past and is notorious for his ideological inconsistency.


Of course, Iowa and New Hampshire are just two small states out of 50. Few delegates were up for grabs in either state in either party, and the field is still wide open.


The results in Iowa, which voted Feb. 9, were muddled at best. Clinton beat Sanders in a squeaker while front-runner Trump suffered a painful defeat at the hands of fellow Republican Ted Cruz, a U.S. senator from Texas.


In New Hampshire, meanwhile, Sanders scored a lopsided win over Clinton while Trump took a strong first place, followed by former Ohio Gov. John Kasich. Former Florida Gov. Jeb Bush finished third, and the results were likely to drive most other GOP contenders out of the race.


So who supports reform and what does the current race say about the odds they’ll succeed?


Sanders’ backing for legalization is well known. Of all candidates on both sides, he is the most likely to push reform while in office. Last year he sponsored legislation in the Senate that would reschedule marijuana under federal law, opening the door to federal legalization.


Marijuana Joint American FlagBut there is no guarantee yet that Sanders will win the nod. Clinton has a wider base of support in many of the states that haven’t voted yet, including minority voters, moderates, and older Democrats. Thankfully, she supports medical marijuana and has said she will keep an open mind about legalization.


There really is no Republican candidate who currently favors legalizing cannabis for personal use. But Trump was once quoted – though not recently – as supporting legalization of all drugs.


Trump is not known for consistency. He has changed virtually every position he has ever held at one time or another, and now says he opposes legalization (like Clinton, he still supports medical marijuana). But a President Trump could easily flip-flop once in office.


The race is by no means settled on either side. The GOP establishment will keep trying to derail Trump and Cruz, while Clinton will try to use more traditional Democratic coalitions to beat Sanders and his socialist followers.


In any event, the early results are a good sign for cannabis and those who smoke it. Expect to hear more about legalization on the campaign trail, much more, and get ready to cast your vote for a future with more weed in it.



What do Iowa and New Hampshire Mean for MJ?

Marijuana as Anti-Inflammatory

Marijuana has countless medical uses, but the most promising may one day help doctors get at the underpinnings of all disease.


AspirinIn recent years, health experts have come to believe that inflammation of human cells contributes to a wide range of major diseases, including heart failure, stroke, cancer, epilepsy, multiple sclerosis, Alzheimer’s disease, and many others.


This discovery is already radically changing how scientists think about illness. Instead of focusing on diet, exercise, and low-stress lifestyle as the exclusive path to health, they believe disease results in large part from inflammation within the body, which itself may result from low-grade viral infections. And they’re looking for new ways to fight this hidden menace.


Reducing cellular inflammation


Anti-inflammatory medicines are one weapon. Used in various forms for thousands of years, these drugs reduce cellular inflammation and swelling.


Anti-inflammatories are typically used to treat external inflammation of the skin: swelling caused by a wound or broken bone, for example. But they can also reduce the kind of internal inflammation thought to trigger disease.


Today most doctors rely on so-called NSAID pain relievers. These are non-steroidal medications, typically bought over the counter, that reduce localized pain by limiting swelling. They include Tylenol, ibuprofen, naproxen, and aspirin – the oldest anti-inflammatory still in use.


Inflammation caused by immune system


Inflammation is a result of the immune system. When the body is injured or infected, its white blood cells create swelling in order to kill off viruses and other harmful microbes. But sometimes the immune system overdoes it, leading to disease. NSAIDs combat this problem by suppressing the immune system briefly until the swelling subsides.


But marijuana also works well against inflammation, and scientists are increasingly looking to the cannabis plant as a new, safer form of anti-inflammatory.


NSAID pain relievers can be damaging


Marijuana OhioThe biggest problem with traditional NSAIDs is that they can damage parts of the body and even cause death. A Tylenol overdose can cause liver failure, aspirin can cause damage to the lining of the stomach, and chronic use of naproxen or ibuprofen increases risk of heart attack or stroke. This makes it much harder to use these drugs as a long-term means of fighting inflammation.


Marijuana, on the other hand, does not lead to any kind of organ damage and is never fatal. Even massive overdoses have few lasting physical consequences.


Unfortunately, cannabis is still illegal in most places, so we don’t have solid data on how effective it is as an anti-inflammatory. But early tests suggest it could make a big difference.


In 2014, for example, a prominent Ohio researcher released findings that he said show regular adult marijuana use might help prevent Alzheimer’s disease. The idea is that the drug “resets” the inflammation of nerve cells that contribute to dementia, cutting chances the disease will develop.


No one is recommending marijuana as an all-around anti-inflammatory just yet, so you shouldn’t rely on it to mend an ankle sprain or viral infection. But the hope is huge, so don’t be shocked if you one day see pot pills next to the Tylenol at drug stores.



Marijuana as Anti-Inflammatory

Friday, February 12, 2016

Colorado Sold $1 Billion in Marijuana Last Year

If the success of Colorado’s experiment in legal marijuana was in any doubt, new numbers out of the state should put those worries to rest.


Marijuana MoneyFrom January through December 2015, the Colorado cannabis industry pulled down almost $1 billion in revenue, according to The Denver Post. The newspaper analyzed statistics released in February by the state’s Department of Revenue.


There was a 42 percent increase between 2014 and last year, according to the Cannabis Business Alliance. The group issued a press statement praising the success of legalization and the $135 million in taxes raised by the industry. About $35 million of that money will pay for school construction projects.


“With greater growth and continuation of operators entering the industry, Cannabis Business Alliance members and Colorado operators have continually set the standard of the maturing industry nationwide,” said Mark Slaugh, a board member at the organization.


The industry continues to boom


The industry, Slaugh said, is booming even as lawmakers impose new regulations, including labeling rules and portion controls for edibles. “Amidst increasing regulation,” the industry is proving its legs, he said.


Colorado voters legalized marijuana for recreational use in 2012, as did voters in Washington. Oregon and Alaska joined them in 2014, along with the District of Columbia.


The experiment has been a major success, with crime rates declining, reduced unemployment, fewer people driving drunk, and arrest rates plummeting. Business has been brisk since the first pot shops opened across Colorado in January 2014.


Prices have dropped and sales have increased


The pace of sales has risen dramatically since those early days, as more stores have opened, prices have dropped, and customers have become more comfortable with buying legal cannabis.


Sales are also soaring in other states where the drug is legal for personal use. Nationwide, the legal weed industry generated $5.4 billion in 2015, a figure that could explode in coming years as more states legalize.


Marijuana Dispensary Pot ShopAmong other things, proponents say, that kind of money suggests marijuana users are happy to buy their supply legally. That willingness could make the idea of legalization more appealing to voters and lawmakers in other states.


“Squeezing out the black market”


“Coloradans are proving they prefer to buy cannabis from the regulated, legal industry rather than the black market,” said Mike Elliott, executive director of the Marijuana Industry Group. “Our industry has helped turn around Colorado’s economy, boosted tourism, revitalized business districts, and is squeezing out the black market. Colorado is proving that a licensed, tightly regulated marijuana industry is the way to go.”


Other states appear to agree. Nevada, Maine, California, and several others are likely to vote on the question in November, and the odds of success in many of these places is believed to be high. Even if they don’t all legalize, at least one of them likely will.


The big prize is California, where a legal marijuana industry could generate far more money than in Colorado. The state would likely take in several billion dollars over the first few years after legalization, a haul that could convince even more states to join the movement.



Colorado Sold $1 Billion in Marijuana Last Year

Sunday, February 7, 2016

The Biggest Drug Busts of All Time

Marijuana is legal in an increasing number of states, but it remains illegal in the others and under federal law.


weed arrest bustThat means cannabis busts are an occasional cost of doing business on the black market. In reality, the government catches almost none of the marijuana that flows across the country, but they do catch some.


Drug seizures range from the petty to the massive, and they all come with potentially serious penalties. Here are the five biggest marijuana busts of all time.


1. 2009: A bevy of law enforcement officers seized more than 330,000 marijuana plants, an amount valued at roughly $1 billion. The pot was grown in Fresno County, Cal., a rural area notorious for its tough cannabis laws. The actual bust dragged on for more than a week, with the arrest of 82 people tied to Mexican cartels.


“Fresno County is roughly the size of Connecticut, and the drug traffickers target these areas because they know there is not that significant of a law-enforcement presence,” Fresno County Sheriff Margaret Mims told CNN.


2. 2009: Federal agents nabbed roughly 50,000 pounds of cannabis, or 25 tons. Agents raided a “nondescript” home in Queens, N.Y., as part of an investigation into a Canadian drug-trafficking ring. Farmers in British Columbia grew the marijuana in hydroponic farms, then smuggled it into the United States from Eastern Canada. Agents arrested 10 people.


“These guys were doing it very big,” a New York City police officer told the New York Daily News. “The street value of what we seized is $150 million.”


Marijuana Plant Leaf3. 2007: In this massive haul, law enforcement seized more than 13 tons of cannabis that originated with the Sinaloa cartel of Mexico. Agents also took nearly 10,000 pounds of cocaine, more than 700 pounds of methamphetamine, more than 10 pounds of heroin, and more than $45 million. Known as “operation Imperial Emperor,” this bust led to more than 400 arrests.


4. 1984: The fourth-biggest pot bust in American history occurred off the coast of San Diego when the U.S. Coast Guard boarded a yacht and found 13 tons of the drug hidden on board. As officers stepped onto the boat, a passenger famously gave up the game: “Boy, are you guys in for a big surprise,” Phillip Kashnig allegedly said during the bust. “This boat is loaded with marijuana.”


5. 2007: Houston saw the fifth-largest marijuana bust. Police seized almost 10 tons of cannabis stashed inside two school buses parked in a rural area near the city. Federal agents said the haul apparently started with a Mexican cartel and was worth $13 million on the street.


Of course, these busts represent only a tiny fraction of the U.S. marijuana supply. The vast majority of product makes it across oceans, borders, and state lines with no trouble. If it didn’t, there would be no drug users in America.



The Biggest Drug Busts of All Time

Cops Nab a Ton of Marijuana in Ohio

Police in Columbus, Ohio, seized more than a ton of marijuana after an investigation into drug trafficking between Arizona and Ohio.


Marijuana Bust, Columbus, OhioThe cannabis, worth an estimated $1.3 million, was seized in early February. Four people were arrested by federal agents and face cannabis trafficking charges. Weapons charges are also possible.


Agents arrested Hope Dawn Edwards, 34; German Alfredo White, 53; Theo Lavelle Smith, 33; and Damian Edwards, 38. The government didn’t say whether both Edwards men are related. They and Smith are Columbus residents while White lives in Florida.


In addition to the marijuana, agents said they found three guns and five vehicles.


Investigation started in November


The arrests capped an investigation that started in November 2015. Investigators were pursuing what they described as a multi-kilogram cannabis ring, and they said they discovered large shipments were arriving in Columbus each month, driven by Damian Edwards, a Jamaican who allegedly goes by the unfortunate nickname “Lucky.”


The investigators said they observed the defendants renting U-Haul trucks and other large vehicles, including a semi-tractor trailer and a Dodge Durango. The four allegedly met at several locations and then moved to a nearby hotel.


All the defendants face charges of conspiracy to possess marijuana with intent to distribute it. Conviction for a conspiracy involving more than 40,000 grams of cannabis is a felony with a minimum sentence of 10 years in prison, a maximum of life, and a fine of up to $10 million.


The raid was carried out by the Ohio Organized Crime Investigations Commission; the Franklin County Sheriff’s Office; the Columbus police, the Gahanna, Ohio, police; the state attorney general’s office; the Department of Homeland Security; customs agents; Enforcement Removal Operations; and the IRS.


Source of marijuana unknown


Marijuana Arrest RateIt was unclear where the marijuana originally came from. Arizona allows medical marijuana, but otherwise the drug is illegal and isn’t widely grown. There is no large illegal industry that could supply other parts of the country.


Most likely the cannabis originated in Mexico. That would explain the involvement of customs agents and Homeland Security. The Midwest gets most of its marijuana from the West Coast, but Mexican brick is also common.


It was unclear how many shipments made it to Columbus before the bust. Ohio law bars any possession or use of the drug, even for medical use. A ballot drive to change that failed last year, but proponents plan to try again.


A ton of cannabis is a large amount by local standards, but it’s relatively small as big American busts go. The largest marijuana bust in American history involved more than 45 tons.



Cops Nab a Ton of Marijuana in Ohio

Facebook Deletes Pages About Medical Marijuana

Sometimes social media networks get it wrong. And sometimes they get it dead wrong.


social mediaFacebook has long allowed pages that promote medical marijuana – which is legal in dozens of states. But in early February advocates were stunned to discover their pages were deleted.


The network declined to explain why, but advocates said they got a message telling them Facebook doesn’t allow promotion of drugs. Apparently, not even legal drugs.


It’s unclear why Facebook caved, but the decision could have serious implications for patients and providers. Many rely on Facebook pages to track the availability of medicinal cannabis.


The deletions, first reported by news site NJ.com, hit several pages based in New Jersey, as well as pages from other parts of the country. Medical marijuana is legal in New Jersey.


Removing access to valuable patient resources


“It seems high-handed to simply shut down important resources for sick patients without even saying why or giving organizations a way to ask for reconsideration,” said patient Peter Rosenfeld. “What better use of a social media than having sites where parents of sick children can ask questions about medication and treatments?”


When advocates and patients tried to log into the pages they control, they were presented with the following message: “Your page is currently not visible on Facebook. It looks like content on your page does not follow the Facebook Community Terms and Standards.”


Facebook prohibits ads about illegal or recreational drugs


The terms of service state that Facebook “does not allow ads that promote the sale or use of . . .illegal, prescription, or recreational drugs.”


The problem is, medicinal marijuana is neither illegal nor recreational under the laws of New Jersey and other states that allow it. Technically, cannabis isn’t even a prescription drug; doctors issue recommendations for it, not prescriptions.


It’s also not clear that the deleted sites were ads or “promoted” marijuana use. Some were advocacy sites pushing for legalization and access to medical marijuana.


Cannabis is illegal under federal law, and that may be the basis for Facebook’s decision. But the weight of social change is clearly pushing toward nationwide legalization – a possibility Mark Zuckerberg may not support.


Most likely, though, the decision came from the company’s lawyers. It’s unclear what actions, if any, the federal government could take to penalize Facebook for allowing the pages – the First Amendment protects even discussion of illegal acts.


Zuckerberg moving against the tide


It’s doubtful there was any groundswell of complaints leading to the decision. Medical marijuana is popular and becoming increasingly so, headed in exactly the opposite direction of Zuckerberg’s calculation.


Alex Zaleski, founder of the New Jersey dispensary Breakwater, said the deletions are “a great disservice to our patients who rely on us to keep them updated on what is going on. We are looking into the matter and hope to resolve it in the patients’ favor as soon as possible.”


Facebook has run into similar controversy before. The company briefly banned stage names last year, enforcing its “real name” policy that requires all users to sign up under their legal names. That decision resulted in a fiery backlash after drag queens complained it might put them in danger by exposing their real names.



Facebook Deletes Pages About Medical Marijuana

Cops Seize 500 lbs of Marijuana Outside Walmart

A stop at a local Indiana Walmart went south in February when police found a large shipment of marijuana in a truck parked outside the store.


Marijuana Bust at Fishers, Ind. WalmartPolice in Fishers, Ind., said they seized 500 pounds of cannabis from the tractor trailer outside a Walmart Supercenter. The raid went down Feb. 2 early in the morning.


Police said they approached the cabin of the truck because they thought someone had robbed the driver while he slept. They then found two men sitting in the semi-tractor who said they were waiting to “make a delivery.”


One of the responding officers climbed into the back of the trailer after noticing the cargo door was damaged. Inside, he found 25 pallets of coffee creamer and several large boxes that appeared to be damaged, recently opened, and poorly sealed.


Drug-sniffing dogs alerted officers to marijuana


Officers brought in drug-sniffing dogs, who allegedly alerted to drugs in the trailer. Police searched it and allegedly found the marijuana.


Both of the occupants of the truck were arrested at about 4 a.m., police said. The driver, 25-year-old Isaac Roberto Aristiga Bojorquez of Mexico faces charges of possession of cannabis with intent to deliver more than 10 pounds of it. He was held at the Hamilton County Jail on a $70,000 bond.


But the passenger was released and wasn’t named by police. The driver allegedly confirmed that the passenger had no knowledge of the illegal drugs.


Sgt. Tom Weger, spokesman for the Fishers Police Department, said the creamer was delivered to its destination by another truck. Weger said the arrest was the latest in a string of major drug seizures in Fishers. The Walmart case marks the biggest pot bust in the city’s history, Weger said.


Drug smugglers frequently disguise shipments


Mexican Brick MarijuanaThe technique allegedly used by the driver is not new: Drug runners frequently ship their product in trucks, disguised with other, legal items.


Last month border agents in Texas stopped a shipment of large carrots after discovering the vegetables were merely orange tape cleverly wrapped around packages of cannabis.


Numerous Mexican smugglers have been arrested in recent months after trying to drive large amounts of marijuana across the border. One shipment disguised the weed as watermelons and other produce; another as packages of avocados.


Marijuana laws are severe in Indiana. Possession of more than 10 pounds with intent to distribute it is a felony punishable by at least two years in prison, as many as eight, and up to $10,000 in fines.


Fishers police released few details about the cannabis, including its estimated street value and where it came from. But the suspect’s Mexican nationality suggests it may be “brick” marijuana from that country.


It was also unclear why the two men stopped at Walmart. The creamer shipment was destined for another location, and the men apparently weren’t delivering anything to the supercenter.



Cops Seize 500 lbs of Marijuana Outside Walmart