Tag Archives: decriminalize

Warren wants to pull pot shops out of banking limbo

As pot shops sprout in states that have legalized the drug, they face a critical stumbling block — lack of access to the kind of routine banking services other businesses take for granted.

U.S. Sen. Elizabeth Warren, a Massachusetts Democrat, is leading an effort to make sure vendors working with legal marijuana businesses, from chemists who test marijuana for harmful substances to firms that provide security, don’t have their banking services taken away.

It’s part of a wider effort by Warren and others to bring the burgeoning $7 billion marijuana industry in from a fiscal limbo she said forces many shops to rely solely on cash, making them tempting targets for criminals.

After voters in Warren’s home state approved a November ballot question to legalize the recreational use of pot, she joined nine other senators in sending a letter to a key federal regulator, the Financial Crimes Enforcement Network, calling on it to issue additional guidance to help banks provide services to marijuana shop vendors.

Twenty-eight states have legalized marijuana for medicinal or recreational use.

Warren, a member of the Senate Banking Committee, said there are benefits to letting marijuana-based businesses move away from a cash-only model.

“You make sure that people are really paying their taxes. You know that the money is not being diverted to some kind of criminal enterprise,” Warren said recently. “And it’s just a plain old safety issue. You don’t want people walking in with guns and masks and saying, ‘Give me all your cash.””

A spokesman for the Financial Crimes Enforcement Network said the agency is reviewing the letter.

There has been some movement to accommodate the banking needs of marijuana businesses.

Two years ago, the U.S. Department of the Treasury gave banks permission to do business with legal marijuana entities under some conditions. Since then, the number of banks and credit unions willing to handle pot money rose from 51 in 2014 to 301 in 2016.

Warren, however, said fewer than 3 percent of the nation’s 11,954 federally regulated banks and credit unions are serving the cannabis industry.

Taylor West, deputy director of the National Cannabis Industry Association, a trade organization for 1,100 marijuana businesses nationwide, said access to banking remains a top concern.

“What the industry needs is a sustainable solution that services the entire industry instead of tinkering around the edges,” Taylor said. “You don’t have to be fully in favor of legalized marijuana to know that it helps no one to force these businesses outside the banking system.”

Sam Kamin, a professor at the University of Denver Sturm College of Law who studies marijuana regulation, said there’s only so much states can do on their own.

“The stumbling block over and over again is the federal illegality,” he said.

The federal government lumps marijuana into the same class of drugs as heroin, LSD and peyote. Democratic President Barack Obama’s administration has essentially turned a blind eye to state laws legalizing the drug, and supporters of legalizing marijuana hope Republican President-elect Donald Trump will follow suit.

Trump officials did not respond to a request for comment. During the presidential campaign, Trump said states should be allowed to legalize marijuana and has expressed support for medicinal use. But he also has sounded more skeptical about recreational use, and his pick for attorney general, Alabama U.S. Sen. Jeff Sessions, is a stern critic.

Some people in the marijuana industry say the banking challenges are merely growing pains for an industry evolving from mom-and-pop outlets.

Nicholas Vita, CEO of Columbia Care, one of the nation’s largest providers of medical marijuana products, said it’s up to marijuana businesses to make sure their financial house is in order.

“It’s not just as simple as asking the banks to open their doors,” Vita said. “The industry also needs to develop a set of standards that are acceptable to the banks.”

Feds won’t reclassify marijuana, say it has no accepted medical use

The Obama administration will keep marijuana on the list of the most dangerous drugs, despite growing popular support for legalization, but will allow more research into its possible medical benefits, the Drug Enforcement Administration announced this week.

The DEA said the agency opted not to reclassify marijuana after a lengthy review and consultation with the Health and Human Services Department, which said marijuana “has a high potential for abuse” and “no accepted medical use.”

“We are tethered to science and bound by statute,” DEA spokesman Rusty Payne said Thursday.

The decision to keep marijuana in the same class of drugs as heroin and peyote comes amid growing national support for the legalization of pot. More than half the states have legalized the drug for either medicinal or recreational use.

The DEA said it plans to make it easier for researchers to study possible medical benefits by expanding the number of entities that can legally grow marijuana for research purposes.

Currently only researchers at the University of Mississippi are allowed to grow pot, as part of a contract with the National Institute on Drug Abuse.

Allowing for further research is the latest step forward in the federal government’s evolving position on the drug, although legalization advocates claim it doesn’t go far enough.

The DEA’s latest review was prompted by requests from the former governors of Rhode Island and Washington. They requested that marijuana be considered a Schedule II drug, along with cocaine, morphine and opium.

The decision was announced in a lengthy notice in the Federal Register.

UN hears major differences on global approach to drugs

Jamaica defended its decriminalization of possession of small amounts of marijuana. Iran said it seized 620 tons of different types of drugs last year and is helping protect the world from “the evils of addiction.” Cuba opposed the legalization of drugs or declaring them harmless.

The first U.N. General Assembly special session to address global drug policy in nearly 20 years heard major differences on the approach to drug use on its second day on April 20.

On the liberalization side, Canada’s Health Minister Jane Philpott announced that the government will introduce legislation to legalize marijuana next spring. She said Canada will ensure that marijuana is kept out children’s hands, and will address the devastating consequences of drugs and drug-related crimes.

Jamaica’s Foreign Minister Kamina Johnson Smith told delegates that the government amended the Dangerous Drugs Act last year to give tickets for possession of less than two ounces of cannabis instead of making it a felony offense, and to legalize the sacramental use of marijuana by Rastafarians. It also established provisions for the medical, scientific and therapeutic uses of the plant, she said.

Smith said Jamaica is finalizing a five-year national drug plan including programs to reduce demand for drugs, provide for early intervention and treatment of drug users, and promote rehabilitation and social reintegration.

Michael Botticelli, director of the White House Office of National Drug Control Policy, stressed that “law enforcement efforts should focus on criminal organizations — not on people with substance use disorders who need treatment and recovery support services.”

He called for drug policies in every country to address the needs of underserved groups including women and children, indigenous people, prisoners, and lesbians, gays, bisexual and transgender people.

On the tough enforcement side, Indonesia’s Ambassador Rachmat Budiman said “a zero-tolerance approach” is needed to suppress and eliminate the scourge of drugs.

He said drug trafficking rings are using new “psychoactive substances” and the Internet to penetrate all levels of society, including the young generation, and pose “a serious threat which requires extraordinary efforts.”

Like Indonesia, Iran imposes the death penalty on drug traffickers.

Iran’s Justice Minister Abdulreza Rahmani Fazli told the high-level meeting that the Islamic Republic has spent billions of dollars in its campaign against armed drug traffickers.

He said Iran is ready to host an international conference on countering drugs and drug-related crimes along the Balkan route, one of the two main heroin trafficking corridors linking opium-producing Afghanistan to the huge markets of Russia and Western Europe. It usually goes through Pakistan to Iran, Turkey, Greece and Bulgaria across southeastern Europe to the Western European market, and has an annual market value of some $28 billion, according to the U.N. Office of Drugs and Crime known as UNODC.

Fazli said the conference, in collaboration with the UNODC and countries on the route, would tackle ways to combat drug-related money laundering and detect drug trafficking ringleaders.

Cuba’s Justice Minister Maria Esther Reus Gonzalez asked how the world couldn’t be worried when the world drug problem has become “deeper and more intensified” with 246 million people using illicit drugs, according to UNODC.

“It will be really difficult to solve the problems of mass production of and trafficking in drugs from the South, if the majority demand from the North is not eliminated,” she warned.

Reus Gonzalez also warned that legalizing drugs won’t solve the problem either and will only open “more dangerous gaps for the stability of our nations.” She reiterated “Cuba’s absolutely commitment to achieving societies free of illicit drugs.”

Delaware decriminalizes marijuana

Delaware Gov. Jack Markell has signed legislation decriminalizing possession of small amounts of marijuana.

Markell signed the bill earlier this week, shortly after it passed the Democrat-controlled Senate on a straight party-line vote.

The measure also received no Republican support when it passed the Democrat-led House earlier this month.

Republicans say it sends the wrong message to young people, even though it keeps simple possession a criminal offense for anyone under 18.

The legislation takes effect in six months. It eliminates criminal penalties for possession by an adult of 1 ounce of marijuana or less for personal use. Instead, it would be a civil offense punishable by a $100 fine.

Smoking pot in a moving vehicle, in public areas or within 10 feet of public property would be a misdemeanor.

Pediatrics group changes pot policy as legalization marches forward

The nation’s most influential pediatricians group updated its policy on marijuana to recommend the drug be removed from the government’s most restrictive category, which includes heroin and other narcotics said to have no accepted medical use.

The American Academy of Pediatrics proposed reclassifying marijuana as a Schedule II controlled substance to allow for greater scientific research and experimentation.

The academy also said marijuana could be a viable treatment option for severely ill children. The new AAP policy, published online in Pediatrics, said pediatric use should only be considered “for children with life-limiting or severely debilitating conditions and for whom current therapies are inadequate.”

The AAP does not advocate legalizing recreational marijuana and it does not deal with marijuana use among adults.

The AAP policy was last updated in 2004. Since then, marijuana laws have changed considerably. Four states — Alaska, Colorado, Oregon and Washington — have legalized recreational marijuana while 19 states have decriminalized pot possession in small amounts. Also, 23 states have legalized medical marijuana.

The Marijuana Policy Project, an organization at the forefront of reforming drug laws, is lobbying to pass a medical marijuana bill in Pennsylvania this year or next year and in Texas in 2015 or 2017. The MPP also is working to expand access under Minnesota’s medical marijuana provision and helping to implement the legislation in Illinois, where the first retail licenses were issued earlier this month.

Illinois lawmakers also could decriminalize marijuana this year and make pot a ticketable offense. Elsewhere, decriminalization is on the legislative agenda in Hawaii, Virginia, Delaware and New Hampshire.

“Criminalizing someone for possessing a small amount of marijuana causes far more harm than marijuana itself,” said Matt Simon, the Goffstown, New Hampshire-based New England political director for the MPP.

Three out of five adults in New Hampshire support removing criminal penalties for marijuana possession, according to a WMUR Granite State Poll released last April. 

In neighboring Vermont, lawmakers could pass recreational marijuana legislation this year or next. But, with bipartisan support for a bill, Rhode Island is in a position to become the first state to legalize recreational marijuana through the legislative process rather than by ballot initiative.

At the federal level, American Indian tribes attending a conference later this month plan to discuss the legalization of pot. Their move follows a Justice Department announcement in December clearing the way for tribes to grow and sell marijuana.

And members of the U.S. House are considering a pair of bills that would end federal marijuana prohibition, as well as a measure sponsored by three Democrats and five Republicans that would allow Veterans Affairs doctors to prescribe medical marijuana.

“Our antiquated drug laws must catch up with the real suffering of so many of our veterans,” said U.S. Rep. Dana Rohrabacher, R-Calif., a co-sponsor of the Veterans Equal Access Act. “This is now a moral cause and a matter of supreme urgency. It is unconscionable that a VA doctor cannot offer a full range of treatments, including medical marijuana … to an American veteran who fought valiantly for our country. Conscience dictates that we not coldly ignore these desperate men and women and that we remove government from its paternalistic stance between patient and doctor.”

More than 20 percent of the 2.8 million U.S. veterans who have served in Iraq and Afghanistan suffer from PTSD and depression. In addition, a recent study found that of the nearly 1 million veterans who receive opioids to treat painful conditions, more than half continue to consume chronically or beyond 90 days. Another study found that the death rate from opiate overdoses among VA patients is about double the national average.

The bill’s sponsors said in states where these patients can legally access medical marijuana, the hands of VA doctors should not be tied.

“We should be allowing these wounded warriors access to the medicine that will help them survive and thrive, including medical marijuana, not treating them like criminals and forcing them into the shadows,” said U.S. Rep. Earl Blumenauer, D-Ore. “It’s shameful.”

On the books… 

In Wisconsin, AB 726 exempts a very limited class of people from criminal penalties for the use and possession of cannabidiol “in a form without a psychoactive effect.” The law, signed by the governor last April, allows people with seizure disorders to get their physician’s approval to possess cannabidiol. However, according to the Marijuana Policy Project, the legislation “doesn’t give patients a realistic way to obtain their medicine in Wisconsin” and “may be unworkable even for the limited population it’s meant to help.”

Medical marijuana bills have repeatedly been offered in Wisconsin, and a bill likely will be introduced this legislative session. Advocates, however, do not expect it to reach a floor vote.

D.C. votes to decriminalize marijuana

The District of Columbia City Council on March 4 voted to remove criminal penalties for the possession of marijuana in amounts of one ounce or less.

The bill would treat such possession as a civil offense.

It still needs the approval of Mayor Vincent Gray and then Congress.

The council vote was 10 to 1, with one abstention.

“This vote is proof: The people of Washington, DC, are tired of living in a city where a Black person is eight times more likely to be arrested for marijuana possession than a white person, despite similar rates of use,” said Seema Sadanandan of the ACLU. “This legislation is a victory for racial justice — a crucial step towards eliminating racial profiling in the enforcement of drug laws and the disproportionate punishments suffered by people of color in this city.”

Last year, the ACLU released a report showing the the severe racial disparities in arrests in the district for marijuana possession.

Ezekiel Edwards, director of the ACLU’s Criminal Law Reform Project, said, “With its decriminalization bill, Washington, D.C., joins the ever-growing number of cities and states enacting marijuana reform. We look forward to the day when the whole country has rejected marijuana prohibition and the unfair burdens it places on people of color.”

The bill, titled the Marijuana Possession Decriminalization Amendment Act of 2014, would allow police to fine a person $25 for possessing an ounce or less of marijuana, while also requiring forfeiture of the marijuana and any paraphernalia connected to personal consumption or transport.

Marijuana’s march to mainstream confounds feds

It took 50 years for American attitudes about marijuana to zigzag from the paranoia of “Reefer Madness” to the excesses of Woodstock back to the hard line of “Just Say No.”

The next 25 years took the nation from Bill Clinton, who famously “didn’t inhale,” to Barack Obama, who most emphatically did.

And now, in just a few short years, public opinion has moved so dramatically toward general acceptance that even those who champion legalization are surprised at how quickly attitudes are changing and states are moving to approve the drug – for medical use and just for fun.

It is a moment in America that is rife with contradictions:

-People are looking more kindly on marijuana even as science reveals more about the drug’s potential dangers, particularly for young people.

-States are giving the green light to the drug in direct defiance of a federal prohibition on its use.

-Exploration of the potential medical benefit is limited by high federal hurdles to research.

Washington policymakers seem reluctant to deal with any of it.

Richard Bonnie, a University of Virginia law professor who worked for a national commission that recommended decriminalizing marijuana in 1972, sees the public taking a big leap from prohibition to a more laissez-faire approach without full deliberation.

“It’s a remarkable story historically,” he says. “But as a matter of public policy, it’s a little worrisome. It’s intriguing, it’s interesting, it’s good that liberalization is occurring, but it is a little worrisome.”

More than a little worrisome to those in the anti-drug movement.

“We’re on this hundred-mile-an-hour freight train to legalizing a third addictive substance,” says Kevin Sabet, a former drug policy adviser in the Obama administration, lumping marijuana with tobacco and alcohol.

Legalization strategist Ethan Nadelmann, executive director of the Drug Policy Alliance, likes the direction the marijuana smoke is wafting. But he knows his side has considerable work yet to do.

“I’m constantly reminding my allies that marijuana is not going to legalize itself,” he says.

By the numbers:

Eighteen states and the District of Columbia have legalized the use of marijuana for medical purposes since California voters made the first move in 1996. Voters in Colorado and Washington state took the next step last year and approved pot for recreational use. Alaska is likely to vote on the same question in 2014, and a few other states are expected to put recreational use on the ballot in 2016.

Nearly half of adults have tried marijuana, 12 percent of them in the past year, according to a survey by the Pew Research Center. More teenagers now say they smoke marijuana than ordinary cigarettes.

Fifty-two percent of adults favor legalizing marijuana, up 11 percentage points just since 2010, according to Pew. Sixty percent think Washington shouldn’t enforce federal laws against marijuana in states that have approved its use. Seventy-two percent think government efforts to enforce marijuana laws cost more than they’re worth.

“By Election Day 2016, we expect to see at least seven states where marijuana is legal and being regulated like alcohol,” says Mason Tvert, a spokesman for the Marijuana Policy Project, a national legalization group.

Where California led the charge on medical marijuana, the next chapter in this story is being written in Colorado and Washington state.

Policymakers there are struggling with all sorts of sticky issues revolving around one central question: How do you legally regulate the production, distribution, sale and use of marijuana for recreational purposes when federal law bans all of the above?

How do you tax it? What quality control standards do you set? How do you protect children while giving grown-ups the go-ahead to light up? What about driving under the influence? Can growers take business tax deductions? Who can grow pot, and how much? Where can you use it? Can cities opt out? Can workers be fired for smoking marijuana when they’re off duty? What about taking pot out of state? The list goes on.

The overarching question has big national implications. How do you do all of this without inviting the wrath of the federal government, which has been largely silent so far on how it will respond to a gaping conflict between U.S. and state law?

The Justice Department began reviewing the matter after last November’s election and repeatedly has promised to respond soon. But seven months later, states still are on their own, left to parse every passing comment from the department and President Obama.

In December, Obama said in an interview that “it does not make sense, from a prioritization point of view, for us to focus on recreational drug users in a state that has already said that under state law that’s legal.”

In April, Attorney General Eric Holder said to Congress, “We are certainly going to enforce federal law. … When it comes to these marijuana initiatives, I think among the kinds of things we will have to consider is the impact on children.” He also mentioned violence related to drug trafficking and organized crime.

In May, Obama told reporters: “I honestly do not believe that legalizing drugs is the answer. But I do believe that a comprehensive approach – not just law enforcement, but prevention and education and treatment – that’s what we have to do.”

Rep. Jared Polis, a Colorado Democrat who favors legalization, predicts Washington will take a hands-off approach, based on Obama’s comments about setting law enforcement priorities.

“We would like to see that in writing,” Polis says. “But we believe, given the verbal assurances of the president, that we are moving forward in Colorado and Washington in implementing the will of the voters.”

The federal government has taken a similar approach toward users in states that have approved marijuana for medical use. It doesn’t go after pot-smoking cancer patients or grandmas with glaucoma. But it also has warned that people who are in the business of growing, selling and distributing marijuana on a large scale are subject to potential prosecution for violations of the Controlled Substances Act – even in states that have legalized medical use.

Federal agents in recent years have raided storefront dispensaries in California and Washington, seizing cash and pot. In April, the Justice Department targeted 63 dispensaries in Santa Ana, Calif., and filed three asset forfeiture lawsuits against properties housing seven pot shops. Prosecutors also sent letters to property owners and operators of 56 other marijuana dispensaries warning that they could face similar lawsuits.

University of Denver law professor Sam Kamin says if the administration doesn’t act soon to sort out the federal-state conflict, it may be too late to do much.

“At some point, it becomes so prevalent and so many citizens will be engaged in it that it’s hard to recriminalize something that’s become commonplace,” he says.

There’s a political calculus for the president, or any other politician, in all of this.

Younger people, who tend to vote more Democratic, are more supportive of legalizing marijuana, as are people in the West, where the libertarian streak runs strong. In Colorado, for example, last November more people voted for legalized pot (55 percent) than voted for Obama (51 percent), which could help explain why the president was silent on marijuana before the election.

“We’re going to get a cultural divide here pretty quickly,” says Greg Strimple, a Republican pollster based in Boise, Idaho, who predicts Obama will duck the issue as long as possible.

Despite increasing public acceptance of marijuana, and growing interest in its potential therapeutic uses, politicians know there are complications that could come with commercializing an addictive substance, some of them already evident in medical marijuana states. Opponents of pot are particularly worried that legalization will result in increased adolescent use as young people’s estimations of the drug’s dangers decline.

“There’s no real win on this from a political perspective,” says Sabet. “Do you want to be the president that stops a popular cause, especially a cause that’s popular within your own party? Or do you want to be the president that enables youth drug use that will have ramifications down the road?”

Marijuana legalization advocates offer politicians a rosier scenario, in which legitimate pot businesses eager to keep their operating licenses make sure not to sell to minors.

“Having a regulated system is the only way to ensure that we’re not ceding control of this popular substance to the criminal market and to black marketeers,” says Aaron Smith, executive director of the National Cannabis Industry Association, a trade group for legal pot businesses in the U.S.

See Change Research, which analyzes the marijuana business, has estimated the national market for medical marijuana alone at $1.7 billion for 2011 and has projected it could reach $8.9 billion in five years. Overall, marijuana users spend tens of billions of dollars a year on pot, experts believe.

Ultimately, marijuana advocates say, it’s Congress that needs to budge, aligning federal laws with those of states moving to legalization. But that doesn’t appear likely anytime soon.

The administration appears uncertain how to proceed.

“The executive branch is in a pickle,” Rep. Ed Perlmutter, D-Colo., said at a recent news conference outside the Capitol with pot growers visiting town to lobby for changes. “Twenty-one states have a different view of the use of marijuana than the laws on the books for the federal government.”

While the federal government hunkers down, Colorado and Washington state are moving forward on their own.

Colorado’s governor in May signed a set of bills to regulate legal use of the drug, and the state’s November ballot will ask voters to approve special sales and excise taxes on pot. In Washington state, the Liquor Control Board is drawing up rules covering everything from how plants will be grown to how many stores will be allowed. It expects to issue licenses for growers and processors in December, and impose 25 percent taxes three times over – when pot is grown, processed and sold to consumers.

“What we’re beginning to see is the unraveling of the criminal approach to marijuana policy,” says Tim Lynch, director of the libertarian Cato Institute’s Project on Criminal Justice. But, Lynch adds, “the next few years are going to be messy. There are going to be policy battles” as states work to bring a black market industry into the sunshine, and Washington wrestles with how to respond.

Already, a federal judge has struck down a Colorado requirement that pot magazines such as High Times be kept behind store counters, like pornography.

Marijuana advocates in Washington state, where officials have projected the legal pot market could bring the state a half-billion a year in revenue, are complaining that state regulators are still banning sales of hash or hash oil, a marijuana extract.

Pot growers in medical marijuana states are chafing at federal laws that deny them access to the banking system, tax deductions and other opportunities that other businesses take for granted. Many dispensaries are forced to operate on a cash-only basis, which can be an invitation to organized crime.

It’s already legal for adults in Colorado and Washington to light up at will, as long as they do so in private.

That creates all kinds of new challenges for law enforcement.

Pat Slack, a commander with the Snohomish County Regional Drug Taskforce in Washington state, said local police are receiving calls about smokers flouting regulations against lighting up in public. In at least one instance, Slack said, that included a complaint about a smoker whose haze was wafting over a backyard fence and into the middle of a child’s birthday party. But with many other problems confronting local officers, scofflaws are largely being ignored.

“There’s not much we can do to help,” Slack says. “A lot of people have to get accustomed to what the change is.”

In Colorado, Tom Gorman, director of the federal Rocky Mountain High Intensity Drug Taskforce, takes a tougher stance on his state’s decision to legalize pot.

“This is against the law, I don’t care what Colorado says,” Gorman said. “It puts us in a position, where you book a guy or gal and they have marijuana, do you give it back? Do you destroy it? What in effect I am doing by giving it back is I am committing a felony. If the court orders me to return it, the court is giving me an illegal order.”

More than 30 pot growers and distributors, going all-out to present a buttoned-down image in suits and sensible pumps rather than ponytails and weed T-shirts, spent two days on Capitol Hill in June lobbying for equal treatment under tax and banking laws and seeking an end to federal property seizures.

“It’s truly unfortunate that the Justice Department can’t find a way to respect the will of the people,” says Sean Luse of the 13-year-old Berkeley Patients Group in California, a multimillion-dollar pot collective whose landlord is facing the threat of property forfeiture.

As Colorado and Washington state press on, California’s experience with medical marijuana offers a window into potential pitfalls that can come with wider availability of pot.

Dispensaries for medical marijuana have proliferated in the state. Regulation has been lax, leading some overwhelmed communities to complain about too-easy access from illegal storefront pot shops and related problems such as loitering and unsavory characters. That prompted cities around the state to say enough already and ban dispensaries. Pot advocates sued.

In May, the California Supreme Court ruled unanimously that cities and counties can ban medical marijuana dispensaries. A few weeks later, Los Angeles voters approved a ballot measure that limits the number of pot shops in the city to 135, down from an estimated high of about 1,000. By contrast, whitepages.com lists 112 Starbucks in the city.

This isn’t full-scale buyer’s remorse, but more a course correction before the inevitable next push to full-on legalization in the state.

Baker Montgomery, a member of the Eagle Rock neighborhood council in Los Angeles, where pot shops were prevalent, said May’s vote to limit the number of shops was all about ridding the city of illicit dispensaries.

“They’re just not following what small amounts of rules there are on the books,” Montgomery said.

In 2010, California voters opted against legalizing marijuana for recreational use, drawing the line at medical use.

But Jeffrey Dunn, a Southern California attorney who represented cities in the Supreme Court case, says that in reality the state’s dispensaries have been operating so loosely that already “it’s really all-access.”

At the Venice Beach Care Center, one of the dispensaries that will be allowed to stay open in Los Angeles, founding director Brennan Thicke believes there still is widespread support for medical marijuana in California. But he says the state isn’t ready for more just yet.

“We have to get (medical) right first,” Thicke said.

Dunn doubts that’s possible.

“What we’ve learned is, it is very difficult if not impossible to regulate these facilities,” he said.

Other states, Colorado among them, have had their own bumps in the road with medical marijuana.

A Denver-area hospital, for example, saw children getting sick after eating treats and other foods made with marijuana in the two years after a 2009 federal policy change led to a surge in medical marijuana use, according to a study in JAMA Pediatrics in May. In the preceding four years, the hospital had no such cases.

The Colorado Education Department reported a sharp rise in drug-related suspensions and expulsions after medical marijuana took off. An audit of the state’s medical marijuana system found the state had failed to adequately track the growth and distribution of pot or to fully check out the backgrounds of pot dealers.

“What we’re doing is not working,” says Dr. Christian Thurstone, a psychiatrist whose Denver youth substance abuse treatment center has seen referrals for marijuana double since September. In addition, he sees young people becoming increasingly reluctant to be treated, arguing that it can’t be bad for them if it’s legal.

Yet Daniel Rees, a researcher at the University of Colorado Denver, analyzed data from 16 states that have approved medical marijuana and found no evidence that legalization had increased pot use among high school students.

In looking at young people, Rees concludes: “Should we be worried that marijuana use nationally is going up? Yes. Is legalization of medical marijuana the culprit? No.”

Growing support for legalization doesn’t mean everybody wants to light up: Barely one in 10 Americans used pot in the past year.

Those who do want to see marijuana legalized range from libertarians who oppose much government intervention to people who want to see an activist government aggressively regulate marijuana production and sales.

Safer-than-alcohol was “the message that won the day” with voters in Colorado, says Tvert.

For others, money talks: Why let drug cartels rake in untaxed profits when a cut of that money could go into government coffers?

There are other threads in the growing acceptance of pot.

People think it’s not as dangerous as once believed; some reflect back on what they see as their own harmless experience in their youth. They worry about high school kids getting an arrest record that will haunt them for life. They see racial inequity in the way marijuana laws are enforced. They’re weary of the “war on drugs,” and want law enforcement to focus on other areas.

“I don’t plan to use marijuana, but it just seemed we waste a lot of time and energy trying to enforce something when there are other things we should be focused on,” says Sherri Georges, who works at a Colorado Springs, Colo., saddle shop. “I think that alcohol is a way bigger problem than marijuana, especially for kids.”

Opponents have retorts at the ready.

They point to a 2012 study finding that regular use of marijuana during teen years can lead to a long-term drop in IQ, and a different study indicating marijuana use can induce and exacerbate psychotic illness in susceptible people. They question the idea that regulating pot will bring in big money, saying revenue estimates are grossly exaggerated.

They counter the claim that prisons are bulging with people convicted of simple possession by citing federal statistics showing only a small percentage of federal and state inmates are behind bars for that alone. Slack said the vast majority of people jailed for marijuana possession were originally charged with dealing drugs and accepted plea bargains for possession. The average possession charge for those in jail is 115 pounds, Slack says, which he calls enough for “personal use for a small city.”

Over and over, marijuana opponents warn that baby boomers who are drawing on their own innocuous experiences with pot are overlooking the much higher potency of the marijuana now in circulation.

In 2009, concentrations of THC, the psychoactive ingredient in pot, averaged close to 10 percent in marijuana, compared with about 4 percent in the 1980s, according to the National Institute on Drug Abuse. An estimated 9 percent of people who try marijuana eventually become addicted, and the numbers are higher for those who start using pot when they are young. That’s less than the addiction rates for nicotine or alcohol, but still significant.

“If marijuana legalization was about my old buddies at Berkeley smoking in People’s Park once a week I don’t think many of us would care that much,” says Sabet, who helped to found Smart Approaches to Marijuana, a group that opposes legalization. “But it’s not about that. It’s really about creating a new industry that’s going to target kids and target minorities and our vulnerable populations just like our legal industries do today.”

So how bad, or good, is pot?

There are studies that set off medical alarm bells but also studies that support the safer-than-alcohol crowd and suggest promising therapeutic uses.

J. Michael Bostwick, a psychiatrist at the Mayo Clinic, set out to sort through more than 100 sometimes conflicting studies after his teenage son became addicted to pot. In a 22-page article for Mayo Clinic Proceedings in 2012, he laid out the contradictions in U.S. policy and declared that “little about cannabis is straightforward.”

“Anybody can find data to support almost any position,” Bostwick says now.

For all of the talk that smoking pot is no big deal, Bostwick says, he determined that “it was a very big deal. There were addiction issues. There were psychosis issues. But there was also this very large body of literature suggesting that it could potentially have very valuable pharmaceutical applications but the research was stymied” by federal barriers.

Marijuana is a Schedule I drug under 1970 law, meaning the government deems it to have “no currently accepted medical use” and a “high potential for abuse.” The only federally authorized source of marijuana for research is grown at the University of Mississippi, and the government tightly regulates its use. The National Institute on Drug Abuse says plenty of work with cannabis is ongoing, but Bostwick says federal restrictions have caused a “near-cessation of scientific research.”

The American Medical Association opposes legalizing pot, calling it a “dangerous drug” and a public health concern. But it also is urging the government to review marijuana’s status as a Schedule 1 drug in the interest of promoting more research.

“The evidence is pretty clear that in 1970 the decision to make the drug illegal, or put it on Schedule I, was a political decision,” says Bostwick. “And it seems pretty obvious in 2013 that states, making their decisions the way they are, are making political decisions. Science is not present in either situation to the degree that it needs to be.”

The National Institute on Drug Abuse’s director, Dr. Nora Volkow, says that for all the potential dangers of marijuana, “cannabinoids are just amazing compounds, and understanding how to use them properly could be actually very beneficial therapeutically.” But she worries that legalizing pot will result in increased use of marijuana by young people, and impair their brain development.

“You cannot mess around with the cognitive capacity of your young people because you are going to rely on them,” she says. “Think about it: Do you want a nation where your young people are stoned?”

As state after state moves toward a more liberal approach to marijuana, the turnaround is drawing comparisons to shifting attitudes on gay marriage, for which polls find rapidly growing acceptance, especially among younger voters. That could point toward durable majority support as this population ages. Gay marriage is now legal in 12 states and Washington, D.C.

On marijuana, “we’re having a hard time almost believing how fast public opinion is changing in our direction,” says Nadelmann of the Drug Policy Alliance.

But William Galston and E.J. Dionne, who co-wrote a paper on the new politics of marijuana for the Brookings Institution, believe marijuana legalization hasn’t achieved a deep enough level of support to suggest a tipping point, with attitudes toward legalization marked by ambivalence and uncertainty.

“Compared with attitudes toward same-sex marriage, support for marijuana legalization is much less driven by moral conviction and much more by the belief that it is not a moral issue at all,” they wrote.

No one expects Congress to change federal law anytime soon.

Partisans on both sides think people in other states will keep a close eye on the precedent-setting experiment underway in Colorado and Washington as they decide whether to give the green light to marijuana elsewhere.

“It will happen very suddenly,” predicts the Cato Institute’s Lynch. “In 10-15 years, it will be hard to find a politician who will say they were ever against legalization.”

Sabet worries that things will move so fast that the negative effects of legalization won’t yet be fully apparent when other states start giving the go-ahead to pot. He’s hoping for a different outcome.

“I actually think that this is going to wake a lot of people up who might have looked the other way during the medical marijuana debate,” he says. “In many ways, it actually might be the catalyst to turn things around.”

Past predictions on pot have been wildly off-base, in both directions.

The 1972 commission that recommended decriminalizing marijuana speculated pot might be nothing more than a fad.

Then there’s “Reefer Madness,” the 1936 propaganda movie that pot fans rediscovered and turned into a cult classic in the 1970s. It labeled pot “The Real Public Enemy Number One!”

The movie spins a tale of dire consequences “leading finally to acts of shocking violence … ending often in incurable insanity.”

Associated Press writers Kristen Wyatt in Denver, Gene Johnson in Seattle, Lauran Neergaard in Washington and AP researcher Monika Mathur in Washington contributed to this report.


Vermont lawmakers vote to decriminalize marijuana

State lawmakers gave final approval on May 13 to a measure that will decriminalize possession of limited amounts of marijuana in Vermont.

The bill is headed to Gov. Peter Shumlin, who is expected to sign it into law in coming weeks and make Vermont the 17th state in the nation to decriminalize or legalize marijuana.
 
“We applaud the Vermont Legislature for adopting this much-needed legislation and setting an example for other states in the region and around the country,” said Matt Simon, a legislative analyst for the Marijuana Policy Project. “The exceptionally broad support demonstrated for this measure reflects the progress our nation is making toward adopting a new and more sensible approach to marijuana policy.”

He added, “The days of criminalizing people simply for using a substance less harmful than alcohol are coming to an end.”

The bill, introduced by state Rep. Christopher Pearson of Burlington with a tripartisan group of 38 co-sponsors, will remove criminal penalties for possession of up to an ounce of marijuana and replace them with a civil fine, similar to a traffic ticket.

Those under age 21 would be required to undergo substance abuse screening.

Under current state law, possession of up to two ounces of marijuana is a misdemeanor punishable by up to six months in jail for a first offense and up to two years in jail for a subsequent offense.

Vermont Attorney General William Sorrell and Public Safety Commissioner Keith Flynn testified in favor of the bill, and nearly two-thirds of Vermont voters support such a proposal, according to a survey conducted by Public Policy Polling in February 2012.

Montana governor signs bill decriminalizing gay sex

An obsolete law deeming gay sex as deviant – akin to bestiality – was stricken from Montana code on April 18, prompting gay rights activists to say they hope that full legal equality may be close at hand.

When Democratic Montana Gov. Steve Bullock signed Senate Bill 107 decriminalizing gay sex, cheers erupted in the Capitol’s Rotunda. It had been 16 years after the state Supreme Court ruled the law unconstitutional and 24 years after gay rights activists began their fight to take government out of the bedroom.

“I am not going to speak too long because, frankly, the longer I talk, the longer this embarrassing and unconstitutional law stays on the books,” Bullock said.

The victory, though a powerful one for the gay community in Montana, is highly symbolic with no tangible benefits aside from striking the obsolete law condemning gay sex from Montana code. The outdated code has not been used to prosecute individuals for years. And previous efforts to offer gays and lesbians protection under the law, including a push to prohibit civil discrimination, have been thwarted by a GOP-controlled Legislature.

Rep. Jerry Bennett, R-Libby, said he holds no ill will toward gay people, but he and other Republicans opposed the legislation and similar efforts along religious lines. He added that there is a bi-partisan movement to “protect the family,” defining marriage as between a man and a woman, and gay rights efforts could have “long-term ramifications.”

“This isn’t over,” he said. “We will see a continual push for recognition of unions … for health insurance. All kinds of things will come out of this.”

The decriminalization bill passed the House on a 64-35 vote, and it cleared the Senate 38-11. In both cases, Republicans joined minority Democrats to advance the legislation, as gay rights activists hailed their success as a sea change within the GOP.

“In the past we’ve seen members of the Republican caucus say, I can’t stand with you because it will cost me my re-election,” said activist Jamee Greer, a lobbyist with the Montana Human Rights Network.

Gay rights activists are hopeful the bi-partisan effort is a catalyst for further change. They say that gay equality aligns itself with the fundamental libertarian values of privacy and a live-and-let live attitude pervasive in Montana – especially among Republicans who subscribe to a strong Libertarian undercurrent.

This year an effort to prohibit discrimination against gays and lesbians in housing and employment was tabled by a conservative House committee. That plan and another to legalize gay marriage remain priorities in future sessions, Greer said.

“As more and more LGBT people come out to their friends and their neighbors,” Greer said, “it’s going to be harder to discriminate against them.”

Where’s the smoke: legalize marijuana efforts in 2013

The Marijuana Policy Project has released its strategy and goals for the year, with pushes for legalization in multiple states.

Vermont. Democratic Gov. Pete Shumlin supports decriminalizing marijuana. MPP says the Vermont Legislature is poised to pass the bill he wants, and marijuana could be decriminalized by this summer.

New Hampshire. Democratic Gov. Maggie Hassan supports legalizing medical marijuana and MPP is optimistic that legislation similar to bills that former Gov. John Lynch vetoed will pass this year.

Rhode Island. The state has legalized medical marijuana and decriminalized possession of marijuana. Next, MPP wants to pass legislation that would allow the tax-and-regulate sale of marijuana. “There is now considerable momentum,” the MPP strategy announcement said.

California, Maine and Oregon. MPP wants to pass tax-and-regulate bills in each of the state. But if lawmakers reject the drives, MPP will sure statewide ballot initiatives in November 2016. Such campaigns were successful in Washington and Colorado last year.