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Source: @norml
Posted By: norml@weedconnection.com
media :: news
- Thu, 29 Aug 2013 04:20:21 PST

Justice Department Says It Won't Challenge State Laws Permitting Marijuana Legalization And Sales

Washington, DC: Federal justice officials will not challenge the implementation of laws in Colorado and Washington that allow for the production, consumption, and sale of marijuana to those over 21 years of age. Voters in both states approved initiatives in November allowing for the licensed production and retail sales of the plant, both of which are anticipated to begin early next year.

A Justice Department memorandum, authored by US Deputy Attorney General James Cole on Thursday, to US attorneys in all 50 states directs prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant's production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

"This is a historic step forward," stated NORML Communications Director Erik Altieri. "Assuming the Department of Justice stays true to their word, these states and others will no doubt move forward with the state-licensed regulation of cannabis for adults. The public has evolved beyond the simplistic, failed policies of cannabis prohibition and are seeking pragmatic, regulatory alternatives. It is encouraging to see that the federal government no longer intends to stand in their way."

United States Attorneys will individually be responsible for interpreting the new federal guidelines and how they apply to any cases that they intend to prosecute. However, according to sources cited by the Huffington Post, "prosecutors would no longer be allowed to use the sheer volume of sales or the for-profit status of an operation as triggers for prosecution, though these factors could still affect their prosecutorial decisions."

The memo affirms that cannabis still remains a Schedule I controlled substance under federal law.

To date, 20 states and the District of Columbia have enacted legislation to allow for the physician-authorized consumption of cannabis. Seven of those states, as well as Washington, DC, also allow for the state-licensed cultivation and sale of marijuana to qualified patients. Two states - Colorado and Washington - allow for the licensed commercial production and retail sale of cannabis for non-medical purposes.

Earlier this week, United States Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, scheduled a Congressional hearing to discuss the present conflicts between state and federal marijuana laws. The hearing is scheduled for Tuesday, September 10, at 10am Eastern Standard Time. Both US Attorney General Holder and Deputy Attorney General James Cole are scheduled to testify at the hearing.

Canada: Nation's Police Chiefs Endorse Plan To Cite, But Not Arrest, Minor Marijuana Offenders

Winnipeg, Canada: Canada's police chiefs have endorsed the notion of citing, rather than arresting, those persons found with personal use amounts of marijuana. The Canadian Association of Chiefs of Police voted overwhelmingly in support of the proposed policy change at its annual meeting last week in Winnipeg, Manitoba.

"The current process of sending all simple possession of cannabis cases under the Controlled Drug and Substances Act to criminal court is placing a significant burden on the entire Justice system from an economic and resource utilization perspective," stated CACP President Chief Constable Jim Chu in a press release.

The Association proposed allowing police the discretion to issue tickets for minor marijuana violators in lieu of making a criminal arrest. Allowing police to utilize this option would prevent offenders from "receiving a criminal record, which can place significant barriers on travel, obtaining employment, bonding and citizenship," the agency stated.

Variations of this policy, commonly referred to as 'decriminalization,' are presently imposed in 16 US states, including California, Connecticut, Massachusetts, Mississippi, and Nebraska.

The Association's endorsement came just days after Justin Trudeau admitted to having used cannabis while serving as a member of Parliament. Public support for Trudeau, who is campaigning to become Prime Minister, has increased since his admission.

Study: Cannabis Use Associated With 'Significant Improvement' In Palliative Oncology Care

Haifa, Israel: The consumption of cannabis is effective in treating symptoms associated with cancer and conventional anti-cancer therapies, such as nausea, weight loss, pain, and fatigue, according to observational study data published in the journal Evidence-Based Complimentary and Alternative Medicine.

Israeli investigators surveyed the use of cannabis on various cancer-related symptoms in 131 patients over the course of multiple interviews. Cancer symptoms as well as cannabis side effects were documented on numerical scales from zero to 4.

"All cancer or anti-cancer treatment-related symptoms, including nausea, vomiting, mood disorders, fatigue, weight loss, anorexia, constipation, sexual function, sleep disorders, itching, and pain had significant improvement," authors reported. "No significant difference was found in the level of infections, mouth dryness, cough, shortness of breath, diarrhea, and leukocyte count or albumin level during the time between the two interviews."

Researchers concluded: "The population of the prolonged users in the current study reported significant improvement in all aspects of supportive and palliative oncology care. ... A slight reduction in the need for opioids and antidepressant drugs was seen in the study group. ... [T]he improvement in symptoms should push the use of cannabis in the practice of oncology palliative treatment."

Full text of the study, "The medical necessity for medicinal cannabis: prospective, observational study evaluating the treatment in cancer patients on supportive or palliative care," appears in Evidence-Based Complimentary and Alternative Medicine.

Comptroller's Office: Legalizing Marijuana In NYC Would Yield $431 Million Annually In Savings And Revenue

New York, NY: Regulating and taxing marijuana for New York City residents age 21 and over would yield an estimated $431 million in annual savings and revenue, according to a report released last week by the New York City Comptroller's Office. The mission of the Comptroller's Office is to ensure the financial health of New York City by advising the Mayor, the City Council, and the public of the City's financial condition.

The report, entitled "Regulating and Taxing Marijuana: The Fiscal Impact on NYC," estimates that regulating and taxing the commercial production and retail sale of cannabis to adults would yield an estimated $400 million annually. This figure is based on existing estimates regarding cannabis' present market price and demand in New York City, as well as by calculating the imposition of an excise tax (on commercial production) and a sales tax (on retail sales).

Authors further estimate that $31 million dollars would be saved annually by eliminating citywide misdemeanor marijuana possession arrests [NY State Penal Law 221.10 - possession of any amount of cannabis in public view], which in recent years have totaled approximately 50,000 arrests per year - largely as a result of law enforcement's aggressive use of 'stop-and-frisk' tactics. Persons arrested are often under age 25 and disproportionately are people of color. Combined, blacks and Hispanics make up 45 percent of marijuana users in New York City, but account for 86 percent of possession arrests, the Comptroller's report found.

The Office did not quantify the broader economic impacts of legalization, including the costs of lost time, work, and other opportunities currently imposed on those arrested. The report's authors also acknowledged that they did not quantify the costs of incarceration, which are largely borne by the state, or other secondary fiscal impacts of legalization, such as the positive or negative effects on public health spending.

Following the Office's analysis, City Comptroller and Mayoral candidate John Liu spoke out in favor of legalizing the consumption of cannabis by adults, stating: "New York City's misguided war on marijuana has failed, and its enforcement has damaged far too many lives, especially in minority communities. It's time for us to implement a responsible alternative. Regulating marijuana would keep thousands of New Yorkers out of the criminal justice system, offer relief to those suffering from a wide range of painful medical conditions, and make our streets safer by sapping the dangerous underground market that targets our children."

Full text of the study is available online at: https://comptroller.nyc.gov/wp-content/uploads/documents/NYC_RegulateMarijReport.pdf

New Jersey: Governor Agrees To Amend Aspects Of State's Medical Cannabis Program

Trenton, NJ: Republican Gov. Chris Christie on Friday agreed to provisions modifying some of the rules governing the state's medical marijuana production and distribution program.

Governor Christie expressed conditional support for Senate Bill 2842. Specifically, he agreed to provisions amending the requirement that state-licensed medical cannabis producers and distributors be limited to providing patients with only three strains of the plant - a regulatory rule that has been in place since the program's inception some three years ago. Proponents of the rule change have argued that lifting the three-strain cap will foster the production and distribution of varieties of cannabis high in CBD (cannabidiol) content. Cannabidiol is a non-psychotropic cannabinoid that possesses a variety of therapeutic properties. However, it is typically present only at low levels in conventional strains of marijuana, which typically are bred to possess higher quantities of THC - the primary psychoactive ingredient in cannabis.

The Governor rejected language in the bill that sought to simplify access to medicinal cannabis for qualified patients under age 18. Present regulations require an adolescent to receive approval from as many as three health care professionals - a pediatrician, a psychiatrist, and a physician registered with the state's medical marijuana program - before he or she may be legally able to access cannabis therapy. Adults only need a single recommendation by a physician registered in the state's program in order to qualify for a recommendation. To date, only two pediatricians and only 18 psychiatrists participate in the state's medical cannabis program.

The Governor also rejected language allowing for the distribution of cannabis-infused edible products, instead arguing that such products ought to be limited only to those under the age of 18.

Governor Christie's conditional vetoes send the bill back to lawmakers for further action. On Monday, members of the state Senate voted 34-1 in favor of an amended version of SB 2842. Members of the Assembly have yet to take up the measure.


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