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Teen ER visits linked to marijuana climbing in legal era, doctor finds

Published: May 18, 2017, 2:18 pm • Updated: May 18, 2017, 3:49 pm

By John Ingold, The Denver Post

The number of teenagers going to the emergency room at Children’s Hospital Colorado for what appeared to be marijuana-related reasons increased significantly after legalization, a new study by a Children’s doctor found.

Dr. Sam Wang said his study contrasts with surveys that suggest youth marijuana use in Colorado has not increased since legalization. But he said the study also has its limitations, meaning it adds important data to the debate over legalization but is not the final word on it.

“Everything has to be taken with a grain of salt,” he said. “I don’t think one database is perfect. But this is just another way to look at the data that shows more teenagers are coming to the ER.”

Wang gathered data on marijuana-related emergency room visits to Children’s Hospital and its satellite clinics for teenagers and young adults up to age 21 by looking at two measures.

The first is a hospital billing code used on a patient’s chart when marijuana is involved in a patient’s medical problem. Wang said marijuana might not be the primary reason the patient went to the hospital, but marijuana usually has to be sufficiently connected to the patient’s symptoms to warrant the code being written down. He said it is unlikely the code would be put on a patient’s record for marijuana use unrelated to the symptoms.

The second measure is when a patient has a urine drug screen that comes back positive for marijuana. Such drug screens occur when a patient ingested an unknown substance or before a patient undergoes a psychiatric evaluation.

Collecting those numbers, Wang said he found that 106 teens and young adults visited Children’s emergency room for marijuana-related reasons in 2005 and that number jumped to 631 in 2014. The rate of those visits increased as well — though by 2015 marijuana still accounted for only four out of every 1,000 visits.

Perhaps most worrisome, Wang said he found that the number of kids and young adults in the emergency room for marijuana-related reasons and who subsequently needed a psychiatric evaluation also increased rapidly — from 65 in 2005 to 442 in 2014. Wang said patients who receive psychiatric evaluations may be severely intoxicated or may have tried to commit suicide or talked about committing suicide.

Colorado’s medical marijuana dispensaries began opening in large numbers in 2010, and Colorado voters legalized the sale and possession of limited amounts of marijuana for any purpose in 2012, with recreational stores opening on Jan. 1, 2014.

“Looking at the trend, it is definitely significant,” Wang said.

Wang’s study results were first presented earlier this month at an academic conference in San Francisco. He said he hopes to publish the findings in a journal later this year.

The findings add another layer to understanding how marijuana legalization has affected kids. Thus far, much of the survey data of Colorado teens has suggested little impact. Both state and federal surveys have found that Colorado teen marijuana use rates — though among the highest in the country — have remained flat since legalization.

“Our worst nightmares haven’t materialized,” Colorado Gov. John Hickenlooper said earlier this year of legalization.

In a previous study, though, Wang found that the number of young kids going to the emergency room for accidental marijuana exposure increased following legalization. He said his new study shows there is still more to learn about why a subset of kids is ending up in the hospital.

“We’re finding things contrary to other national survey data,” he said. “And so we feel like, to really better understand the impact in this particular population, I think we need to use multiple data sources.”

This story was first published on DenverPost.com

Colorado representatives intro bill to shield state marijuana laws from federal preemption

Published: May 18, 2017, 12:59 pm • Updated: May 18, 2017, 1:04 pm

By Alicia Wallace, The Cannabist Staff

Colorado Reps. Diana DeGette and Mike Coffman have introduced a bill to protect states’ marijuana laws from federal enforcement.

The Respect States and Citizens Rights’ Act of 2017 aims to insert a provision into the Controlled Substances Act that would ensure against federal preemption of state law:

“(b) SPECIAL RULE REGARDING STATE MARIHUANA LAWS.–In the case of any State law that pertains to marihuana, no provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of State law on the same subject matter, nor shall any provision of this title be construed as preempting any such State law.”

Related: Why the federal government still calls cannabis “marihuana”

The bipartisan bill is a reintroduction of legislation proposed by DeGette, a Democrat, and Coffman, a Republican, following Amendment 64’s passage in 2012.

Passing the bill “is now more important than ever before,” DeGette said in a statement, referring to signals that the Trump administration may bring greater enforcement against state marijuana laws.

“My colleagues and I — along with our constituents — spoke out frequently during the Obama administration to make clear we didn’t want the federal government denying money to our states or taking other punitive steps that would undermine the will of our citizens,” DeGette said in the statement. “Lately, we’ve had even more reason for these concerns, given Trump administration statements. This bill makes clear that we’re not going back to the days of raids on legal dispensaries, of folks living in fear that they’re not going to get the medical marijuana they need, or that they might get jailed for using it.”

Coffman, in a statement, argued that this issue is a matter of states’ rights:

“While I have opposed the legalization of marijuana, the people of Colorado voted for an initiative in 2012 that legalized marijuana and placed it in our state’s constitution. … Since this is clearly not a matter of interstate commerce, I believe that the people of Colorado had every right, under the U.S. Constitution, to decide this issue for themselves and as their representative in Congress, I have an obligation to respect the will of the people of Colorado and that’s why I’m reintroducing this bill with Congresswoman DeGette.”

The Cannabist has requested interviews with DeGette and Coffman.

This story is developing and will be updated.

Alicia Wallace joined The Cannabist in July 2016, covering national marijuana policy and business. She contributes to the Denver Post’s beer industry coverage. In her 14 years as a business news reporter, her coverage has spanned topics such as the…

Analysis: U.S. marijuana policy will make it NAFTA’s biggest loser as Canada and Mexico cash in

Published: May 18, 2017, 12:47 pm • Updated: May 18, 2017, 12:53 pm

By Luis Gómez Romero, The Conversation

Luis Gómez Romero is Senior Lecturer in Human Rights, Constitutional Law and Legal Theory University of Wollongong

The president of the United States, Donald Trump, prides himself on his business acumen. But his protectionism may get America a truly bad deal when it comes to North America’s next big market: marijuana. The Conversation

Fulfilling a campaign promise, on April 13 Canadian Prime Minister Justin Trudeau presented a bill to legalize cannabis for recreational uses (medical marijuana has been legal in the country since 2001).

Two weeks later, Mexico’s Congress followed suit, passing a bill to authorize cannabis use for medical and scientific purposes.

Two of three North American countries are now well positioned to unlock an industry that, according to Forbes magazine, was worth an estimated US$7.2 billion in 2016 and is projected to grow at a compound annual rate of 17%.

In the US, on the other hand, a protectionist administration has threatened to withdraw from the “terrible” North American Free Trade Agreement (NAFTA) and actively relaunched the US drug war. It looks like America’s businessman president may allow his country to miss out on the cannabis boom.

Prohibition is a commercial disaster

Medical marijuana research is a growth industry. Cannabinoids, a main (non-psychoactive) chemical component in marijuana, hold significant prospects for development in the pharmaceutical industry, as potentially does tetrahydrocannabinol (THC), the ingredient that makes users feel high.

Marijuana has been scientifically proven to soothe the effects of chemotherapy, treat glaucoma and ease some chronic pain. But many fields of inquiry remain untapped, thanks in large part to stringent US laws that classify cannabis as a Schedule I drug. That’s the most tightly restricted category, reserved for substances with “no currently accepted medical use.”

Pharmaceutical companies are keen to further disprove that thesis, knowing they will soon be able to patent cannabis-based medicines in both Mexico and Canada. Patients and doctors, too, have pleaded for restrictions on medical marijuana research in the US to be eased.

In the US, eight states and Washington, DC, have also legalized recreational marijuana. A total of 29 states plus the nation’s capital have legal medical cannabis.

But US Attorney General Jeff Sessions (who has declared that he “rejects the idea that America will be a better place if marijuana is sold in every corner store”) and Homeland Security chief John Kelly (who has erroneously called marijuana a “dangerous gateway drug“) consistently overlook this fact.

The Trump administration is determined to revamp prohibitionist policies. In a radical rollback of Barack Obama’s compassionate approach to nonviolent drug offenders, Sessions has actually ordered federal prosecutors to charge suspects of any drug-related crime with the “most serious, readily provable offence”, or whichever crime entails the harshest punishment.

This move will have well-documented implications for law enforcement. In 2015, marijuana arrests outweighed those made for all violent crimes combined, including murder and rape, 574,000 to 505,681, according to the NGO Human Rights Watch.

Now America’s drug war will have commercial consequences too. In the US, the National Institute on Drug Abuse has developed research mainly on the negative effects of cannabis, only marginally considering its potential medical uses.

Medical trials conducted on human beings require permission from several federal agencies, including the Department of Health and Human Services, the Food and Drug Administration, and, when it comes to illegal substances, the Drug Enforcement Agency. That makes getting clearance for cannabis trials unduly complicated.

The inconsistencies between federal and state legislation also discourage research because they do not offer a secure legal ground for patenting cannabis-based medicines. Potential investors in medical cannabis are forced to consider not only corporate competition but also criminal prosecution.

Likewise, because budding American cannabis producers struggle to access investment funding, the industry’s growth potential remains stunted.

Outsmarting Trump

If all of this sounds bad for American investors and patients, it’s good news for Mexico and Canada.

The Mexican medical marijuana bill championed by President Enrique Peña, who is not a bold politician, is quite limited. It emerged in response to the story of Grace, a profoundly epileptic eight-year-old girl for whom cannabis oil, illicitly administered by her desperate mother, proved a literal lifesaver.

Story continues below video

Fox News says Colo town “overrun” by weed-smoking panhandlers. Residents push back

Published: May 18, 2017, 12:00 pm • Updated: May 18, 2017, 12:00 pm

By Shane Benjamin, The Durango Herald

Fox News on Wednesday portrayed Durango as a picturesque mountain town – once vibrant and upscale, “dotted with luxury hotels” – but recently “overrun by panhandlers,” thanks, in part, to legalized marijuana.

The story, headlined “Legalized marijuana turns Colorado resort town into homeless magnet,” was the most-read U.S. story Wednesday on FoxNews.com.

It was written by Joseph J. Kolb, a Fox contributor who was in town for a soccer shootout last weekend, according those he interviewed. For his 850-word piece, Kolb quoted five sources: a man holding a cardboard sign; a gift shop manager; an anonymous hotel clerk; Durango Police Chief Kamran Afzal; and Tim Walsworth, executive director of Durango Business Improvement District,

In an interview Wednesday, Walsworth took exception with Kolb and his story, saying the reporter barely identified himself, omitted comments that didn’t fit his angle and based the article on a few opinions. The result was a superficial glance at an issue in a community the writer was passing through, those who talked to him said.

Read more of this story at DurangoHerald.com

This story was first published on DurangoHerald.com

David Clarke, who says he’s taking a top post at Homeland Security, thinks marijuana is gateway to heroin

Published: May 18, 2017, 9:18 am • Updated: May 18, 2017, 9:26 am

By Polly Washburn, The Cannabist Staff

The Associated Press reports that Milwaukee County Sheriff David Clarke, who has built his career on talking tough on crime, drugs, and illegal immigration, says he’s accepted a job as an assistant secretary in the Department of Homeland Security (DHS).

Clarke said in an interview with WISN-AM Wednesday that he will work as a liaison in the Office of Partnership and Engagement, coordinating with state, local and tribal law enforcement agencies.

Clarke frequently appears on conservative talk shows and Fox News to state his views on crime in the United States, and doesn’t shy away from controversial statements about crime and African Americans.

A strong critic of former President Barack Obama and the Black Lives Matter movement, and a strong supporter of Donald Trump, Clarke spoke at the 2016 Republican National Convention, rallying the crowd with the phrase “Blue Lives Matter” and calling protests in Ferguson, Missouri and Baltimore, Maryland a “collapse of social order.”

Clarke includes marijuana in the category of dangerous drugs. In a House Judiciary Committee hearing in 2015, Rep. Steve Cohen (D-TN) asked Clarke, “You said that illegal drug use is the scourge of the black community and it is a problem and leads to a great deal of violent crime… Would you agree that marijuana possession is not the scourge of the Black community, and does not lead to violent crime the same way that meth, crack cocaine or heroin do?”

Clarke responded, “No, I wouldn’t agree with that at all.”

In case that double-negative-filled Q&A was unclear, Clarke took to Twitter late in 2015 to express his feelings about marijuana as “a gateway drug to heroin use”:

https://t.co/7sGmpB0hjt This while we debate legalizing marijuana which is a gateway drug to heroin use. I won’t let them have it both ways.

— David A. Clarke, Jr. (@SheriffClarke) December 22, 2015

In April 2016, Clarke posted a sarcastic tweet critiquing recreational marijuana in response to a New York Times article on Ohio murders connected to an illegal marijuana grow operation:

https://t.co/KNwxEQ4hXp Just a little recreational marijuana. What’s the harm right? Take the crime out of it we’re told. Tax it.

— David A. Clarke, Jr. (@SheriffClarke) April 25, 2016

Clarke had recently praised his apparent new boss, newly-installed Secretary of the Department of Homeland Security, John Kelly, for meeting with survivors of crime, contrasting him to former President Obama, who visited convicted felons in federal prison:

Secretary Kelly of @DHSgov meets with survivors of victims of crime. Obama first ever POTUS to visit criminals in federal prison. Says a lot pic.twitter.com/NnuEpcj0QC

— David A. Clarke, Jr. (@SheriffClarke) April 26, 2017

According to the Associated Press, Craig Peterson, a Clarke spokesman, said the sheriff would not comment further and that “he felt the need to tell folks he had accepted the position so the governor could get the ball rolling” on appointing a replacement.

DHS spokeswoman Jenny Burke issued a statement that “such senior positions are announced by the Department when made official by the Secretary. No such announcement with regard to the Office of Public Engagement has been made.”

Clarke would be leaving office with several pending lawsuits against him, including one filed by relatives of 38-year-old Terrill Thomas, an inmate who prosecutors say was deprived of water as punishment.

Associated Press Reporting from Ivan Moreno

Polly joined The Cannabist in December 2016 as a digital producer. She has been creating print, web and video content for a couple of decades. She returned to her home town of Denver in 2012 after living in eleven other cities in four countries, and…

S.D. Native American tribe’s cannabis resort consultant faces trial on drug charges

Published: May 18, 2017, 7:58 am • Updated: May 18, 2017, 7:58 am

By James Nord, The Associated Press

PIERRE, S.D. — Roughly two years after an American Indian tribe began an ambitious push to open the nation’s first marijuana resort in South Dakota, a consultant who helped pursue the stalled venture is heading to trial on drug charges.

Jury selection starts Thursday in the case of Eric Hagen, a consultant who worked with the Flandreau Santee Sioux Tribe on its operation about 45 miles north of Sioux Falls. Hagen was indicted on state marijuana charges months after the tribe destroyed their crop amid fears of a federal raid.

Here’s a look at key information about the trial:

What’S Going On?

Hagen and fellow consultant Jonathan Hunt, officials with Monarch America, a Colorado-based company in the marijuana industry, were charged last year after assisting the tribe.

The Santee Sioux began a marijuana growing operation after the Justice Department outlined a new policy clearing the way for Indian tribes to grow and sell marijuana under the same conditions as some states that have legalized pot.

State Attorney General Marty Jackley warned against the idea from the outset. The tribe ultimately destroyed its crop in November 2015 after federal officials signaled a potential raid.

Jackley announced charges against Hagen and Hunt about nine months later. Hagen, 34, of Sioux Falls, has pleaded not guilty to charges of conspiracy to possess, possession and attempted possession of more than 10 pounds of marijuana.

He faces a maximum penalty of 10 years in prison on both the conspiracy and possession counts and 7 1/2 years on the attempted possession count. Hunt last year pleaded guilty to a drug conspiracy count after agreeing to cooperate with law enforcement.

Court documents say Hunt ordered marijuana seeds from a company in the Netherlands that were shipped surreptitiously to the tribe’s office in 2015. Authorities say he and others cultivated the plants at the Flandreau grow facility before they were burned.

Legal Issues

The state doesn’t have jurisdiction over the tribe. But prosecutors argue that state courts have jurisdiction over non-Native Americans who commit “victimless” crimes in Indian Country, so Hagen can be prosecuted. Hagen’s defense has argued that the federal government has jurisdiction.

The Defense

Hagen’s defense against the indictment is that the marijuana belonged to the tribe. Mike Butler, Hagen’s attorney, said Jackley doesn’t have jurisdiction to charge the tribe, so perhaps the prosecution is “an offshoot of his frustration that he couldn’t impose his will on the tribe.”
“The tribe voted to enact a law. The tribe paid for this stuff. The tribe ultimately voted to burn it. Not my client,” Butler said. “It was the tribe’s exclusive possession in this case.”

Butler said law enforcement was fully informed and involved from the beginning of the venture. He pledged to appeal if Hagen is convicted.

“This is a one-of-a-kind prosecution,” said Tim Purdon, a former U.S. attorney for North Dakota. “That doesn’t mean it’s a bad one. It’s just, this is truly groundbreaking.”

The Project

When tribal leaders initially touted their plan to open the resort on tribal land in Flandreau, President Anthony Reider said they wanted it to be “an adult playground.”

They projected as much as $2 million in monthly profits, with ambitious plans that included a smoking lounge with a nightclub, bar and food service, and eventually an outdoor music venue. They planned to use the money for community services and to provide income to tribal members.

Reider said after the marijuana was burned that federal officials had concerns about whether the tribe could sell marijuana to non-Indians, along with the origin of the seeds used for its crop.

Purdon, now a partner at the Minneapolis law firm Robins Kaplan, said that if Hagen is convicted, it would put a “huge chill on non-Native consultants working with tribes who are interested in exploring medical or adult use cannabis.”

The Tribe

Reider this week called the prosecutions of Hagen and Hunt “very unfortunate,” saying that the tribe originally reached out to Monarch America about the project.

He said the Santee Sioux have looked into the possibility of growing marijuana again, but said they’re waiting for more clarity at the federal level with President Donald Trump’s new administration.

The grow facility hasn’t been used since the marijuana crop was burned, Reider said.

“It’s unfortunate that we were unable to be successful with the project,” he said. “We were hoping with the revenues to do a lot of positive things for the tribe and the local community.”

Follow James Nord on Twitter at https://twitter.com/Jvnord

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