Author of Pot Law Downplays War on Weed

The author of Washington's new legal pot law said that there is really nothing new about 8 former DEA chiefs' demands to nullify the new pot laws in both Colorado and Washington. Alison Holcomb said that these are the same arguments that she has been hearing for years and some are accusing these DEA chiefs of irrelevant meddling in the state's affairs. While these arguments may be nothing new, a bigger issue looms on the horizon for these two states: how to respond to legal marijuana for adult recreational use.

According to the federal government, marijuana is a dangerous and illegal drug that has no medicinal value and should not be used either recreationally or medicinally. In addition, a United Nations drug agency recently urged the U.S. to fight legalizing marijuana in these states because it directly violated international drug treaties.

If the federal government tries to challenge Washington's legal pot law, then State Attorney General Bob Ferguson said that he is ready to fight and respond legally.

"I understand their perspective, but my job as lawyer for the state is to uphold Initiative 502 and that's what I intend to do."

                   --Washington State Attorney General Bob Ferguson

For now, legislators and Washington residents await U.S. Attorney General Eric Holder's decision on how the federal government will respond to adults who choose to use legal marijuana recreationally. His decision is imminent and is expected to be announced sometime this month.

California Voters Strongly Support Legalizing Marijuana

California is currently the state with America's largest medical marijuana industry and it looks like California voters would like it to stay that way. A California Field Poll released in February 2013 showed that voters strongly support the existence of medical marijuana dispensaries. In addition, they favor legalizing marijuana for recreational use and would like the federal government to stay out of California cannabis businesses all together. In fact, 67% of Californians oppose an ongoing crackdown on businesses who are selling pot for medicinal use.

This poll's results come at a time when the California State Supreme Court is deliberating on whether cities and counties in California have the right to ban marijuana dispensaries or not. This poll also comes only three months after Colorado and Washington both passed measures to legalize marijuana.

"This poll…heartens me and makes me feel validated"

          --Steve DeAngelo, Director of California's largest medical marijuana dispensary

However, California's four U.S. attorneys do not seem to feel the same way as their voters. All four have brought criminal cases against some of the medical marijuana growers and even sent threatening letters to several other growers in attempts to seize their properties.

Many believe that California politicians, who continue to oppose medical marijuana and its distribution in California, are going to see serious consequences at election time and that this poll demonstrates the growing public trend favoring legalizing marijuana.

"I think it shows that it's going to in in 2016, and it's just a matter of writing the best law that we can."

          --Richard Lee, Proposition 19

Hawaii State Senate Makes Moves to Decriminalize Pot for Personal Use — But will Fine Users with $1,000 Civil Penalty

Hawaii may be joining the ranks of Washington and Colorado in the decriminalization of cannabis, with its state senate unanimously approving a bill to allow personal possession if up to an ounce.

However, it's not entirely clear toking for those looking to get a little Maui in your wowie — the bill would fine those caught with pot for personal use $1,000. The fine would be a civil, not criminal, penalty, reports Honolulu TV station KITV.

 The rationale of the bill is that it would relieve the state's courts of their backlog of marijuana cases, while emphasizing that possession is still a crime. Despite the message the senate wants to send, law enforcement is against the bill and believes it will make enforcement more difficult.

Medical Pot to be Taxed Three Times, If Washington Law Passes

Washington state lawmakers are considering a bill that would apply a 25 percent tax at each of the growing, distribution and selling levels involved with medical marijuana.

Steve Schechter, owner of a dispensary, told the The Everett Herald that a an ounce of pot currently going for $280 in his shop would go up to $350 if the new law goes into effect. Schechter added that the price hike would price medical cannabis out of the reach of those who need it the most.

There's also no guarantee that the revenue will be put toward any research regarding pot, rather than being absorbed into the larger state budget.

The taxes are being proposed on cannabis flagged for medical use because without it, pot sold in dispensaries would be cheaper than marijuana sold for recreational use. Local and state sales taxes would also be charged.

Oregon Congressman Puts Name on Legislation to End Pot Prohibition, Allow Standard Business Deductions for Dispensaries

While many congressmen say something should be done about marijuana, Oregon Representative Earl Blumenauer is taking up the cause of actual federal reform of marijuana laws, Politico reports.

Blumenauer, along with 13 other co-sponsors, introduced legislation that would allow medical marijuana use at the federal level and allow dispensaries to take deductions other business are allowed to take.

Though many states have OK'd the medical use of pot (most by popular vote), the federal government continues to shut down dispensaries on the grounds of violating drug laws and despite promises made by President Barack Obama that he would not make medical marijuana prosecutions a priority.

The IRS has ruled dispensaries are not eligible for standard business deductions such as rent and payroll. Without these deductions, a dispensary's tax rate could hit 75 percent.

"Frankly, the people in the federal hierarchy are in an impossible position," Blumenauer said. "[This bill] gets the federal government and the Department of Justice out of this never-never land."

Pot Sells Out — MBAs Poised to Invade Legalized Marijuana Industry

Though the popular image of the medical marijuana grower and dealer is of a hippie eschewing anything to do with "the man," button-down Ivy League MBAs — for better or worse — are becoming the new face of legalized cannabis.

Seattle NPR affiliate KPLU profiles Privateer Holdings, which developed the Leafly website (known as the Yelp of medical marijuana). With the passage of legalized pot in Washington, the company's partners, Yale MBAs, have employed lobbyists to push legislators to allow large scale grow operations.

But that's not all — Privateer Holdings wants the cannabis industry to start taking cues from more mature agricultural markets. "If you go Nebraska, if you go to Lincoln, Nebraska and you look at corn there’s corn banks and corn insurance and agricultural supply houses and corn associations and high fructose corn syrup and there’s hundreds of sub industries around corn and all of those opportunities will exist in the cannabis industry," Brendan Kennedy, one of the partners, said.

However, other aren't so thrilled with the prospect of marijuana becoming King Cannabis.

Alison Holcomb, who spearheaded the Initiative 502 effort that legalized recreational pot in Washington and Drug Policy Director for the ACLU of Washington stated in a letter to the liquor control board, "Large industries that have large overhead and are interested in maximizing their profits are going to target their advertising in ways to promote marijuana use, not simply meet current demand where it currently exists."

Marijuana Dispensaries on the Vegas Strip? It's Becoming More Likely

Las Vegas' State Senator, Tick Segerblom is proposing Nevada OK cannabis dispensaries for patients with a recommendation and a card, the Las Vegas Sun reports.

Unlike California's dispensary model, which is mired in questions of profit vs. non-profit status, Segerblom spelled out how he saw Nevada embracing access for patients. The Gaming Control Board, which now strictly oversees the state's casinos, will be given jurisdiction over the dispensaries.

Segerblom added, "We’re going to have places you can go with a card where you can legally purchase marijuana. It’ll be a for-profit. It won’t be a co-op. It won’t be run by the government… It’ll be taxed and the revenue will be used to do something good. Those are the details we haven’t gotten to yet." 

Nevada's current medical marijuana law has many legal ambiguities and the state's supreme court is expected to take up the issue. Establishing a dispensary system is a step toward clarifying the law.

"Let’s go back and do what we should have done 10 years ago. It’s something that it’s time has come. Colorado has it. Arizona has it. California has it. Oregon has it. Washington State has it. We’re surrounded by it," Segerblom said.

California Takes a Look at Zero Tolerance Drugged Driving Law, Reveals Potentially Confusing Implementation

California State Senator Lou Correa is proposing a "zero tolerance" law for drugged driving. Correa describes the bill as an expansion of existing drunk driving laws, reports KPBS.

The proposed bill would outlaw any levels of Schedules I through IV when anyone gets behind the wheel. This would include illegal drugs to over the counter drugs like non-drowsy cold and allergy medicine. (You can see where this is going, don't you?)

The proposed bill also makes no distinctions regarding medical marijuana. The debate surrounding Washington state's legalization put the spotlight on how long THC remains detectable in the body — which current research pegs at a month.

Think you'd be safe with a bona fide prescription for traditional pills and not a recommendation for cannabis? Think again. The law would make criminals out of anyone with any medication or drugs in their system, regardless of recommendation or prescription.

Opponents of the bill are calling for an impairment test instead of a "zero tolerance" law.

Think there's too many pot shops in Los Angeles? Consider the Alternative — One Dispensary for an Entire State

Though many might bemoan the number of dispensaries in Los Angeles, San Francisco and Seattle, an article by The Daily Beast highlights what life is like on the other side of the spectrum.

New Jersey has one medical marijuana dispensary to serve over 1,000 patients for the entire state. But that's not to say Greenleaf Compassion Center takes care of all the patients in the state — there's many others that are suffering that the dispensary can't accept because it doesn't have the inventory.

Marta Portuguez, who suffers from 11 ailments, including fibromyalgia and gastroparesis, told the website, "I keep waiting for them to call. I have my card. I’m ready to go. I passed...This is my body. I should be able to obtain any medicine that I deem OK for me. This is not the government’s right to decide!"

Many have claimed that New Jersey Gov. Chris Christie has intentionally skewed the medical marijuana regulations to intentionally ensure that it's nearly impossible for any new dispensaries to open. Christie has also appointed an ex-law enforcement officer known to be hostile to the idea of dispensaries to oversee the program.

Dr. Jeffrey Pollack, one of 199 doctors in New Jersey who can recommend cannabis to patients, added, "They’ve done everything to make the system fail in the long run."

Washington Likely to Seek a Firm for Pot Consultant Job — Feel Free to Scratch Your Head Now

Over 100 people applied for the pot consultant positions offered by state of Washington. These experts will establish regulations regarding growing, processing and selling marijuana in a legal marketplace, with knowledge of the current underground prices for pot.

But despite being overwhelmed by former medical marijuana and black market cannabis dealers gone straight who would know about the realities of pot, there's a very good chance that none of them may meet the state's requirements for a consultant.

If you have an MBA and have a consulting firm, like Deloitte and Touche, Ernst and Young and KPMG, you probably will qualify for this job...because if there's one thing huge business consultant firms can do, it's offering advice about legalized pot. And firing people.

Valerie Bauman, a staff writer with the Puget Sound Business Journal who's been following Washington's search for consultants, wrote (emphasis ours), "During my coverage of I-502, I’ve received a number of emails from readers who wanted to apply for the job of marijuana consultant. Unfortunately, no such job for an individual exists. The state is looking for a team or a firm – or a combination of companies – to submit a proposal for the consultant work."

Federal Judge Rules Against Oakland and World's Largest Medical Pot Dispensary; Not All Legal Avenues Exhausted

A federal judge rejected Oakland's attempt to defend the Harborside Health Center, considered to be the world's largest medical marijuana dispensary, the Los Angeles Times reports.

Cedric Chao, an attorney representing Oakland, challenged the federal government's crackdown on medical marijuana dispensaries, legal in California through a voter initiative. U.S. Magistrate Judge Maria-Elena James found no legal grounds for the city's action.

If the dispensary closes, Chao argued, its 108,000 patients will be forced to illegal avenues to secure their legal medical marijuana, which would lead to a public health and safety crisis.

However, not all of Oakland's options are exhausted. Oakland also challenged the federal government using the Administrative Procedure Act. Federal regulations follow the letter of the Administrative Procedure Act's law.

James ruled that Oakland did not fulfill the legal procedures to file a suit under the act.

States Attempt to Sort Out Driving While High Laws — But Are Finding Out Marijuana is Not the Same as Booze

Mother Jones takes a hard look at an issue that's coming to light as medical pot use is on the rise and many states consider legalization: driving while high.

Medical marijuana advocates in Washington derided I-502 before it passed because of its low THC threshold for impaired driving (5 nanograms per milliliter of blood) and that research has shown that THC persists in the body up to a month after ingestion in sizable amounts. Nevada and Ohio have taken a harder line at 2 nanograms, and others have enacted zero-tolerance laws.

While these laws are rooted in drunk driving policies, marijuana researchers have discovered driving while high is not the same as driving drunk.

Jan Ramaekers, a marijuana researcher, said, "The reality is that alcohol and cannabis are two very different drugs that affect people in very different ways."

High drivers tend to slow down and leave room around them while driving, which is the opposite of boozed-up drivers who speed and are overly aggressive. This does not mean high drivers are safer drivers — they're still two to six times more likely to be in accidents.

Democratic Administration Continues to Arrest Increasingly Unionized Marijuana Workforce

The New Republic examines the connection between labor and the medical marijuana and burgeoning legalized pot business. Despite the usually strong bond between the Democratic party and unions, the Obama administration's Department of Justice has continued to incarcerate dispensary workers and seize the assets of the owners.

This is despite the fact that those that work behind the counter in the medical cannabis industry are increasingly unionized by the United Food and Commercial Workers and that he proprietors of those businesses fully support their employees' right to organize. Medical marijuana is one of the few bright spots for unions, which have faced decreased membership.

The hippies usually associated with the access movement are inclined to allow unionization, while the newer, business-minded owners see labor as a way to legitimize their business.

The organization efforts of the UFCW also helped move legalization from a fringe issue, which historically had little attention and a negligible chance of passing, to a mainstream political cause that passed in Washington and Colorado as well as getting 45-plus percent of the vote in California.

Potential State-Sanctioned Pot Consiglieres Meet with Washington's Liquor Control Board

Though the call for consultants knowledgeable in all aspects of cannabis cultivation, processing, distribution and pricing seemed outrageous, about 75 people met with Washington state officials to learn more about the contract, the Puget Sound Business Journal reports.

Though pot use is legal for those over 21 in Washington, the state now has to deal with the actual administration of the law. To assist the Liquor Control Board with establishing rules and regulations for pot, Washington put out the call for consultants.

Those that showed up expressed concerns that bidding for the consultant position would be violating the state's conflict of interest laws. Those who would want to consult would also want a stake in the market — which would ultimately take many qualified candidates out of the running.

Others were worried about incriminating themselves, especially in light of the federal government leaving the door open to arrests of those involved in Washington's marijuana industry (despite being legalized).

However, many others felt they were already known to state and federal law enforcement because of their long history in growing, processing and distributing pot.

The U.S. Won't Study Pot…But the Israelis Will

Imagine a place where a government's response to studying medical marijuana is something other than a seven year old putting their fingers in their ears and saying, "I CAN'T HEAR YOU! LALALALALALA!" at the top of their lungs.

Amazingly, such a place exists. In fact, it's a place where most anti-drug crusaders consider holy. It's called Israel. Those "Just Say No" types would probably not be interested to know that THC was discovered there and that rabbis seem to have no problems with marijuana use.

Zach Klein, a specialist in medical marijuana policy (Wouldn't it be nice if we had one of those at the federal level?) with researchers from Tel Aviv University studied medical pot at 19 nursing homes, according to the National Pain Report.

Though it was a small-scale study with just 19 participants, 17 of the seniors regained lost weight. Complaints of pain, stiffness, tremors and insomnia went away once the patients began treatment with cannabis. It also helped those who were holocaust survivors and suffered from post-traumatic stress disorder. Most of those taking part in the study were also able to reduce the number of pills they were taking each day.

"This is just the tip of the iceberg. It’s the future. This is God’s doing, and it’s marvelous in our eyes," Klein said. But it's not like we'd be able to find any of this out in the U.S., given the state of federal "drug enforcement."

Potential LA Mayors Face Off in Debate, Former Tech Honcho Pleitez Wants the Market to Decide How Many Dispensaries Should be Open

The issue of medical marijuana dispensaries took center stage, to no one's surprise, at the latest Los Angeles mayoral debate sponsored by the League of Women Voters.

Councilman Eric Garcetti and City Controller Wendy Greuel both called on the federal government to reclassify marijuana as a medicine and also call for greater regulation as to where dispensaries can open and can remain open.

However, Garcetti said about 100 dispensaries were "about right," while Greuel didn't give an exact number.

Former tech executive Emanuel Pleitez seemed open to a laissez-faire attitude toward the dispensaries. He feels the marketplace should decide how many dispensaries the city should support and that "politicians shouldn't be in the business of setting numbers."

The sole Republican of the forum, Kevin James, called the City Council out for not being able to do anything about putting any sort of order on the dispensaries in Los Angeles.

"More pot clinics than Starbucks? Unbelievable," the Los Angeles Times reports James as saying. "Only this City Council could put a moratorium on 180 or so pot clinics — and it skyrockets to over 1,000."

Wanted: Marijuana Consultants — Apply to the State of Washington

Do you know the difference between kush and sativa? Or how to cook with pot (and I don't mean pot of the stainless steel variety)? Any idea of how to grow and process weed? If so, the state of Washington may have a job for you.

State officials are looking for those with expertise in cannabis to assist its state Liquor Control Board to help get its sanctioned marijuana industry up and running. Washington is in search for consultants to help form a committee that will help iron out the details for regulations to govern its voter-approved legalization law, the Puget Sound Business Journal reports.

According to the article, the state is specifically looking for individuals with product and industry knowledge, product standards and testing, usage and consumption validation (to "keep pricing at black-market levels") and product regulation.

Medical Marijuana Group Teams Up with Herbal Products Association to Expand Lobbying Efforts

The American Herbal Products Association, founded 32 years ago to represent botanical medicine companies, is now allied with Americans for Safe Access and will provide recommendations to states interested in regulating medical marijuana.

More importantly, the AHPA, which has spent more than $2 million for lobbying since 1998, will open new doors for the ASA's efforts to reach out to those in power. The partnership will also help medical marijuana advocates to advance the cause of cannabis as a medicine — despite, most recently, a court decision that refuses to reclassify the drug.


Michael McGuffin, American Herbal Products Association president, stated to The Huffington Post: "The AHPA Cannabis Committee includes in its charter a responsibility to develop policy recommendations that support safe use of products derived from cannabis species. This initial work should be well received by state regulators, who share our commitment to ensuring safe access to medical marijuana for their citizens."

Washington: State is Ready for Federal Challenge to Legal Pot Law

U.S. Attorney General Eric Holder met with Washington state Gov. Jay Inslee to discuss its recent legalization of pot. Though Holder had no comment for reporters, Crosscut reports Inslee dominated the meeting and made sure the federal government understood that Washington was going forward with implementing its legalization law.

"I don't believe we should put the brakes on this," Inslee told the press after the meeting. "We should continue in a rational way to make these rules, and that's the direction we're going to pursue."

Though the two discussed issues such as implementation, taxation, regulating pot under the law and how Washington will keep the pot from neighboring states, Attorney General Bob Ferguson has lawyers looking over the law and coming up with defenses in case the federal government sues the state.

Will Pot Treat Combat Vets with PTSD? The Government Doesn't Know and Doesn't Care

The courts may have decided that marijuana has no medical use, but how would they know unless they study it? Federal red tape is keeping an Arizona researcher from looking into benefits pot might have for vets with PTSD.

Dr. Sue Sisley received the OK to research the effectiveness of using marijuana to treat combat vets from the FDA in 2011, but the National Institute on Drug Abuse refuses to authorize the study. The NIDA is the only federal agency that grows marijuana for legitimate research.

"It's in the pipeline waiting in limbo until we can persuade NIDA to sell us the study drug and the DEA to give us a permit so we're allowed to store the drug on campus," Sisley told Phoenix's CBS5.

But Dr. Richard Strand with the Arizona Wellness Chamber of Commerce is much more frank in his assessment of the situation: "NIDA will not fund any research whose goal is to find benefits of medical marijuana."