Author: Administrator

German Marijuana Regulation Eases on Cultivation

Although medical marijuana has been legal in Germany since 2008, German Marijuana patients have not been allowed to grow it themselves. Instead, medical marijuana patients in Germany had to rely on a heavily restricted program distributed by prescription in pharmacies.

Unhappy with the costs of the medical marijuana, which is not covered by health insurance, five patients with chronic pain  filed suits to gain permission from Germany’s Federal Institute for Drugs and Medical Devices to grow their own medical marijuana. Each plaintiff already had a permit to use medical marijuana.

The administrative court in the western city of Cologne said that some patients with medical marijuana permits would be allowed to grow their own, but each case would be individually reviewed adding that a key condition was that “access by third parties to the plants and products must be sufficiently restricted”.

Colorado and Washington have already successfully legalized recreational marijuana use in their states. Now, along with Alaska, Oregon will be allowing voters to decide if recreational marijuana use is right for their states this November.

Dominique Lopez, metro regional organizer for New Approach Oregon, said in a statement. “Treating marijuana use as a crime has failed, but together we can win a more sensible approach and better the lives of Oregonians.”

The New Approach Oregon campaign was successful in gaining enough signatures to qualify a measure to legalize, tax and regulate marijuana for adults 21 and over, on the ballot. Officially called the Control, Regulation and Taxation of Marijuana and Hemp Act, The measure would allow for licensed manufacture and sale, of marijuana, as well as ensure the safe distribution of the drug by placing authority to oversee and regulate recreational sales under the jurisdiction of the Oregon Liquor Control Commission. Legal sales would begin in January 2016.

According to the measure, recreational marijuana would be taxed at $1.50 a gram or $35 an ounce. That money would be used for schools, law enforcement, drug treatment programs and mental health programs.

The measure would allow a person to possess up to eight ounces of marijuana in their home, and one ounce on their person in public. It would also allow a person to grow up to four plants.

Who is Against Medical Marijuana and Why?

When we see the ads on tv vilifying marijuana legalization proposals, we have to ask ourselves “what is their motive?” Marijuana has been legally used for thousands of years. It’s medicinal and industrial uses have been well known throughout time. It’s intoxicating effects were appreciated by all cultures in history. So why do some groups adamantly stand by prohibition laws that never should have been passed to begin with? (Marijuana was placed on the controlled substances act in 1970 under recommendation of the Attorney General who stated it should only be placed there until the National Commission on Marihuana and Drug Abuse study is completed. In 1972, the study was completed and it recommended the legalization of Marijuana. No government action was taken.

Marijuana Decriminalization in Washington D.C.

Possession of under an ounce of marijuana is no longer a criminal offense in the nations capitol. But just because it is not a criminal offense, doesn’t mean it is legal. Confused? Let’s try to clear things up.

Is marijuana legal or not?

Marijuana is still illegal in Washington D.C.. However, being caught with it will only result in the confiscation of the marijuana and a $25.00 fine as opposed to arrest. It is also no longer a crime to posses paraphernalia such as pipes, bongs or rolling papers.

Selling marijuana, as well as smoking it in public will still land you in prison, as will driving under the influence of marijuana.

Being under the influence of marijuana, as well as smelling like marijuana will no longer be considered reasonable suspicion of a crime.

In 2010, more than 54 percent of marijuana arrests in D.C. were sole possession charges.

Who’s Jurisdiction?

One issue likely to add to some of the confusion surrounding Washington D.C.’s marijuana decriminalization efforts is that many parts of the city are federal land and policed by federal police. Washington D.C.’s marijuana decriminalization does not change the rules for them. As USA Today points out this leaves some places in the city where people will be able to get a $25 ticket on a street, and go to jail for the same thing when they step up onto the sidewalk.

The Washington D.C. Metropolitan Police Department emphasized the jurisdiction issues with a statement on its website which reads in part:

Although the District of Columbia has decriminalized possession of up to one ounce of marijuana, federal law continues to prohibit the possession or use of any amount of marijuana. As a result, federal law enforcement officers may arrest anyone in the District of Columbia for possession or use of any amount of marijuana as a violation of federal law. For example, the U.S. Park Police can arrest a person for possessing or using any marijuana on the National Mall, Rock Creek Park, or any other National Park Service land.

 

In some sort of bizarre word game today the Obama Administration said that marijuana laws are a states rights issue. This coming from a presidency that has shown nothing but contempt for states rights.  Of course, this was in opposition to a Republican led effort to meddle in the affairs of Washington DCs new marijuana decriminalization policies.

Republicans, who claim to stand by a platform of less government interference, and states rights, seem to think it is the governments place to dictate marijuana policy to states.

The White House took the conservative position of stating that The Obama administration believes marijuana policy is a states’ rights issue.  An odd statement considering the Obama administration is launching more raids on medical pot than the Bush administration did.

In a recent Rolling Stone interview with President Obama, the President justified the raids by saying: I can’t ask the Justice Department to say, “Ignore completely a federal law that’s on the books.” The Controlled Substances Act of 1970 places marijuana into the schedule 1 classification meaning it has no known medical value. If marijuana was simply to be moved to a schedule 2 classification (like cocaine) it would be perfectly legal to be grown, cultivated, and used for medical purposes in this country. Would it take an act of congress to move marijuana from schedule 1 to schedule 2? No. According to the law itself, under Part B: 811 (a) … the Attorney General may by rule add to such a schedule or transfer between such schedules any drug or other substance (emphases added).

What that means is the Surgeon General, Rear Admiral Boris Lushniak, who was named to the position by President Obama on July 16^th, 2013, could create marijuana reform simply by writing a note saying “Marijuana has shown considerable medical value, and I am therefore moving it from Schedule 1 to Schedule 2.” And poof… medical marijuana would be legal in all 50 states, and then it would truly be a “States Rights” issue as to weather the state wants to re-criminalize it.

It is really sad that this level of politics is going on while sick people are being denied their medicine, and young adults who where force fed pharmaceuticals during their adolescents are now having their records tarnished for being caught with an herb.

 

Colorado Marijuana Demand Report Released

The Colorado Department of Revenue and The Marijuana Policy Group released a report entitled “Market Size and Demand for Marijuana in Colorado”.  The report estimates the total demand for marijuana in the state and reveals a number of new and unique characteristics related to Colorado’s market for marijuana.

The report states “The demand for marijuana by Colorado adult residents is estimated to be 121.4 metric tons in 2014. In addition, the demand by visitors to the state is estimated to be 8.9 metric tons for a total estimated demand of 130.3 metric tons.”  That’s 31 percent higher than a previous Department of Revenue estimate and 89 percent higher than a study by the Colorado Futures Center.

The report also reveals there are 485 thousand “regular” adult marijuana users in Colorado (or 9% of the population). The highest frequency users (near daily) account for 66.9% of demand.

The Colorado Marijuana Tourism trade is also booming, with purchases by out-of-state visitors currently representing about 44% of metro area retail sales and about 90% of retail sales in heavily visited mountain communities. And by “heavily visited mountain communities”, I am sure they mean the ski resorts…

The entire report can be downloaded here

When combined with previous reports about the decrease in violent crime in Colorado since the legalization of recreational marijuana use, and the higher then anticipated tax revenues, the idea of recreational marijuana may be becoming more and more attractive to other states looking to boost their economy. However one must wonder what the effect of those other states legalization efforts will have on Colorado where nearly half of all demand is coming from marijuana tourism.