The Huffington Post has the story here:

On the final day of the legislative session, Colorado lawmakers finally passed two historic bills to implement recreational marijuana legalization in the state — making Colorado the first state in the U.S. to take such steps toward the legal sale, regulation and tax of marijuana for recreational use.

House Bill 1317, which proposes the regulatory framework for legal marijuana, passed the Senate on a 29-6 vote and passed the House on a 37-28 vote, on Wednesday.

House Bill 1318, which proposes the tax rates which will fund the regulatory framework for legal marijuana sales and will ultimately need Colorado voter approval, passed the Senate 25-10 and passed the House 37-28, Wednesday.

Both the regulatory framework bill and the tax bill head to Gov. John Hickenlooper’s desk and appear poised to become law.

The two measures do not impact the state’s existing medical marijuana laws, nor do they interfere with existing legal protections legalizing the personal possession (up to one ounce) and cultivation (up to six plants) for non-commercial purposes.

Further details about the newly approved regulatory bills is available here.

Lawmakers’ proposed tax scheme on the commercial production and retail sale of cannabis must be approved by a majority of state voters before being implemented. Proposed taxes do not apply to those engaged in the personal cultivation or not-for-profit transfers of cannabis.

Lawmakers’ proposals come six months after 55 percent of state voters approved Amendment 64, which legalizes the adults possession and cultivation of limited quantities of marijuana, and tasked the state with establishing regulations for the retail production and sale of cannabis to the public.

House members must sign off on the Senate’s changes to the bill. It will then go to Democrat Gov. Peter Shumlin, who has publicly expressed support for liberalizing the state’s marijuana possession penalties.

If signed into law, the measure will take effect on July 1, 2013.

Vermont’s proposed law is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, and Rhode Island, where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense.

Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana. (The laws in Colorado and Washington were enacted via voter initiative while Alaska’s legal protections were imposed by the state Supreme Court.)

The unanimous ruling upheld a 4th District Court of Appeals opinion (City of Riverside v. Inland Empire Patients’ Health and Wellness Center, Inc.) which held that local zoning measures banning the establishment of brick-and-mortar facilities that engage in the distribution of cannabis to state-authorized persons are not preempted by state law. Other lower courts had ruled against such local bans, arguing that cities can’t use zoning laws to bar activity legal under state law.

It is estimated that some 200 California cities presently impose moratoriums on medicinal cannabis facilities. At least 50 municipalities have enacted local regulations licensing dispensaries.

Opined the Court:

“We have consistently maintained that the CUA (the California Compassionate Use Act aka Proposition 215) and the MMP (the Medical Marijuana program Act) are but incremental steps toward freer access to medical marijuana, and the scope of these statutes is limited and circumscribed. They merely declare that the conduct they describe cannot lead to arrest or conviction, or be abated as a nuisance, as violations of enumerated provisions of the Health and Safety Code. Nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders.”

Although language included in Proposition 215 explicitly called for the state government “to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana,” to date, lawmakers have failed to enact any specific statewide regulations regarding the retail production and distribution of cannabis to those patients authorized to consume it.

Commenting on the ruling, California NORML Coordinator Dale Gieringer said, “The court essentially affirmed the status quo. Local governments may choose to allow or limit dispensaries as they please. The unfortunate result of this decision is to leave many needy patients without legal access to medical marijuana in their communities, thereby promoting illegal black market suppliers. It is time for the state and federal governments to step up to the plate and fulfill the mandate of Prop 215 to implement a system of ‘safe and affordable’ access for all patients in medical need.”

Legislation is presently pending in both the California Assembly (AB 473) and Senate (SB 439) to impose statewide regulations governing the dispensing of marijuana produced for medical purposes.

Full text of the California Supreme Court’s opinion is available online here.

According to the poll, 85 percent of voters agree that adults ought to be allowed to use cannabis for therapeutic purposes if a physician authorizes it. The total marked an increase in support of four percent since Fox last polled the question in 2010 and is the highest level of public support for the issue ever reported in a scientific poll.

Although respondents were divided on whether they believed that “most people who smoke medical marijuana truly need it,” the overwhelming majority of voters nonetheless agreed that consuming the plant should be legal if a doctor permits it.

To date, eighteen states and Washington, DC have enacted laws authorizing the physician-supervised use of cannabis therapy. Medical cannabis legalization measures are presently pending in a number of additional state legislatures, including Illinois, New Hampshire, and New York.

Voters in the Fox News poll were less supportive of the notion of legalizing the non-medical consumption of marijuana. The poll reported that only 46 percent of voters favored broader legalization, while 49 percent of respondents opposed the idea. Self-identified Democrats (57 percent) were far more likely to support legalizing cannabis than Republicans (33 percent) or Independents (47 percent). Men (51 percent) were more likely to support legalization than were women (41 percent). Those age 35 or under were most likely (62 percent) to back legalization while those age 65 and older were least likely (31 percent) to be supportive.

By contrast, in recent months national polls by The Pew Research Center, YouGov.com, Quinnipiac University, and Public Policy Polling have reported majority public support for legalizing and regulating the adult use of cannabis.

Despite the overwhelming public support for medical marijuana law reform, legislation in Congress to amend federal law to allow for its use it states which permit it — House Bill 689, the States’ Medical Marijuana Patient Protection Act — only possess 16 co-sponsors (less than four percent of the entire US House of Representatives). The bill has been referred to both the House Energy and Commerce Committee, Subcommittee on Health and to the House Judiciary, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations — neither of which have scheduled the bill for a public hearing.

As if we didn’t know.

The GAO report assessed whether the Obama administration’s anti-drug strategies, as articulated by the White House Office of National Drug Control Policy (the ONDCP aka the Drug Czar’s office) in its 2010 National Drug Control Strategy report, have yet to achieve its stated goals.

The answer? They haven’t.

States the GAO:

“The public health, social, and economic consequences of illicit drug use, coupled with the constrained fiscal environment of recent years, highlight the need to ensure that federal programs efficiently and effectively use their resources to address this problem. ONDCP has developed a 5-year Strategy to reduce illicit drug use and its consequences, but our analysis shows lack of progress toward achieving four of the Strategy’s five goals for which primary data are available.”

In particular, the GAO criticized the administration for failing to adequately address rising levels of youth marijuana consumption. The GAO also rebuffed the ONDCP’s allegation that increased rates adolescent marijuana use are a result of the passage of statewide laws decriminalizing the plant or allowing for its therapeutic use.

“Other factors, including state laws and changing attitudes and social norms regarding drugs, may also affect drug use. We examined studies on three of these other factors, which we refer to as societal factors, which may affect youth marijuana use. … The studies that assessed the effect of medical marijuana laws that met our review criteria found mixed results on effects of the laws on youth marijuana use. … [S]tudies that assessed the effect of marijuana decriminalization that met our review criteria found little to no effect of the laws on youth marijuana use.”

You can read the full GAO report here.

From the CaribbeanBusinesspr.com

Dozens of people marched Saturday through Puerto Rico’s capital amid growing support for a recent bill filed by a former police chief that aims to legalize marijuana for personal use, unleashing an unprecedented debate in this conservative U.S. territory.

The crowd marched to the seaside Capitol building, where Sen. Miguel Pereira filed a bill this week stating it should be legal for those 21 and older to possess up to one ounce of marijuana. The former federal prosecutor and corrections secretary said possession cases are costing the government money, noting that 80% of inmates are serving time for non-violent crimes.

His comments have polarized the island, with some legislators demanding his resignation.

“It’s outrageous that someone who was elected by the people tries to use his position to cause addiction, sicken and destroy Puerto Rican society,” Sen. Itzamar Pena said.

Critics say the proposal would further fuel violence on an island of 3.7 million people that reported a record 1,117 killings in 2011, with police saying that 70% of killings are drug-related. Others expressed concern that police, teachers and doctors would smoke while working.

“This measure has to be studied extremely carefully,” Sen. José Perez Rosa said. “It’s not like alcohol, where acceptable levels (of use) exist.”

Currently, those charged with marijuana possession can face up to three years in jail and a $5,000 fine.

Justice Secretary Luis Sánchez Betances did not say whether he favored Pereira’s measure, but he said the government should find alternatives to the current law.

“This opens a public debate,” he said.

Gov. Alejandro Garcia Padilla echoed a similar sentiment in a press conference this week.

“I don’t have a problem with an open debate about the possibilities, benefits or drawbacks of such a measure,” he said, adding that the issue is not a priority for his administration.

Last year, Colorado and Washington became the first states to legalize marijuana for those over 21. The law, however, bans the public use of marijuana.

Puerto Rico joins a handful of other Caribbean islands, including Jamaica and St. Lucia, where there has been a push to legalize marijuana use.

In Jamaica, government officials previously reviewed recommendations to decriminalize possession of small amounts of marijuana. The proposal has the backing of several church leaders, but it has not gained traction on an island that remains the Caribbean’s largest pot exporter to the U.S.

In St. Lucia, supporters also have spent more than a decade lobbying the government without success to endorse a commercial hemp project.

“Regardless of your views on marijuana, it’s important that we understand the impact of current federal policy and address the conflict with those state laws that allow for medicinal or personal use of marijuana,” said Congressman Cohen. “This conflict is only going to continue to grow over the next few years and we must provide certainty to the millions of individuals and businesses that remain caught in a web of incompatible laws. A national commission would provide us with the information we need to create sensible policy going forward.”

Representative Steve Cohen is joined by Representatives Jared Polis (D-CO), Earl Blumenhauer (D-OR), Jim Moran (D-VA), and Sam Farr (D-CA).

During an interview with Barbara Walters in December of 2012, President Obama stated, “…what we’re going to need to have is a conversation about, how do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it’s legal?”

Drug Czar Gil Kerlikowske stated in January of this year that, “Coming out of the recent election, it is clear that we’re in the midst of a serious national conversation about marijuana.”

“The Obama administration has repeatedly stated that a national conversation is needed when it comes to our country’s marijuana policies, but so far that conversation has been largely one sided,” stated NORML Communications Director Erik Altieri, “It is time for federal lawmakers to listen to the voice of the majority of Americans who want to see change to our nation’s marijuana laws and for them to take part in that dialogue. NORML is pleased to have worked with Representative Cohen and his staff on this important legislation that would provide a public and professional venue for that conversation to take place. A majority of Americans agree that it is time for the United States to end it’s fruitless and expensive war on cannabis consumers and pursue policies of regulation and taxation. Enjoining this national commission would be a pragmatic and productive step towards assessing the true costs of our current prohibition and creating a framework for a functional federal policy on marijuana.”

Join NORML and federal legislators in calling for a “serious national conversation” on regulating marijuana.

Click here to quickly and easily contact your Representative and urge him or her to support this legislation.

With tongue firmly planted in her cheek, leading scholar, author and activist for youth drug education, Marsha Rosenbaum, Ph.D, from the Drug Policy Alliance, criticizes DARE’s ineffectiveness and expense for the last thirty years.

‘Just Say No’ Turns 30

Marsha Rosenbaum, Ph.D

If you are under 40, it is very likely that you, like 80 percent of schoolchildren in the U.S., were exposed to Drug Abuse Resistance Education, which celebrates its 30th birthday this month.

D.A.R.E. was created by the Los Angeles Police Department in 1983, following the rise of a conservative parents movement and First Lady Nancy Reagan in need of a cause. The purpose of D.A.R.E. was to teach students about the extreme dangers of drugs by sending friendly police officers into classrooms to help kids resist the temptation to experiment; to stand up in the face of peer pressure; and to “just say no.”

Because of its widespread use in elementary schools all across America (and in over 40 countries around the world), D.A.R.E .was evaluated extensively. The reviews consistently showed that while students enjoyed interacting with police (especially examining the sample cases of drugs used for show and tell), and may have been initially deterred, effects were short lived. In fact, by the time D.A.R.E. graduates reached their late teens and early 20s, many had forgotten what they had learned or rejected the exaggerated messages they’d heard. And by 2001, D.A.R.E. was deemed by none other than the United States Surgeon General, “an ineffective primary prevention program,” and lost 80 percent of its federal funding shortly thereafter.

Yet D.A.R.E .has kept going — trying to keep up with the times, at least rhetorically, with its new “Keepin’ it Real” curriculum. Last fall, I read with keen interest that the program in Washington State had been notified by national D.A.R.E., its oversight agency, that the subject of marijuana would be dropped from the curriculum.

What???? The very same D.A.R.E. program that taught my daughter that marijuana would lead to heroin addiction isn’t even mentioning pot? Had it given up its “reefer madness” campaign, perhaps in light of Washington’s Initiative 502 that legalized marijuana last November?

I had to call and hear for myself about these big changes.

President and CEO Frank Pegueros told me that, in fact, D.A.R.E. had changed. The didactic approach is gone, replaced by dialogue and discussion. “Just say no,” he said, “has gone by the wayside.” It sounded almost touchy feely to me.

I was encouraged, thinking for a brief moment that the chorus of anti-D.A.R.E. critics, like me, who emphasized the importance of honest, science-based drug education, had actually been heard.

But then I asked Mr. Pegueros about marijuana, and why it was dropped from the curriculum, and that’s when I got the real scoop.

Actually, it was not officially dropped. Instead, not wanting to pique students’ interest, the subject of marijuana will be discussed by D.A.R.E. officers only if it is brought up by students themselves. And what will they be told? As for content, one needs only to peruse www.dare.com to see that although the packaging may have evolved, the content has remained the same: marijuana is a very dangerous drug; medical marijuana is a hoax; and big money, rather than compassion and pragmatism, is behind legalization initiatives.

By now it is commonly known that the extreme dangers of marijuana have been exaggerated, and few users become addicted or graduate to hard drug use; roughly 70 percent of the American population supports medical marijuana; and it is public opinion that is driving initiatives and legislation to make medical marijuana available to people who need it.

If D.A.R.E. failed to convince youth a generation ago to “just say no” because its content was unbelievable, no amount of new anti-drug rhetoric will help. Students didn’t believe what they were told 30 years ago, and they’re too smart to believe it now.

And worse, D.A.R.E.’s recycled rhetoric will certainly fail to provide young people with useful information to help them make wise, health-driven decisions about dealing with the myriad of substances available to them today.

So Happy 30th D.A.R.E. Now that you’re approaching middle age, how about trying “just say know” this time around?

Marsha Rosenbaum is the founder of the Safety First drug education project at the Drug Policy Alliance and author of “Safety First: A Reality-Based Approach to Teens and Drugs.”

The survey also found that 75% of respondents supported changing the penalty for marijuana possession to a civil violation, punishable by a $100 fine and only 21% were opposed to this change.

Considering this overwhelming support, and the fact that the District of Columbia allows for ballot initiatives, Washington, DC seems incredibly ripe for reform in the very near future. While the politicians who work in Congress seem to be tone-deaf to the growing call for legalizing marijuana, those living right in their backyard have overwhelmingly made up their minds that it is time to legalize and regulate marijuana.

You can read the full results of the poll here.

The measure would amend the federal Controlled Substances Act to exempt from federal prosecution individuals and businesses, including marijuana dispensaries and/or retail outlets, who comply with state marijuana laws.

“This bipartisan bill represents a common-sense approach that establishes federal government respect for all states’ marijuana laws,” Rohrabacher said in a news release. “It does so by keeping the federal government out of the business of criminalizing marijuana activities in states that don’t want it to be criminal.”

The proposal is one of several marijuana law reform bills now pending before the United States Congress, including House Resolution 499: The Ending Marijuana Prohibition Act of 2013, House Bill 689: the States’ Medical Marijuana Patient Protection Act, and Senate Bill 359: the Industrial Hemp Farming Act of 2013.