The leader of the nation's largest drug reform group steps down, Maine becomes the eighth legal pot state, Seattle approves safe injection sites -- and isn't asking federal approval -- and more.

Marijuana Policy

Maine Becomes Eighth State to Eliminate Marijuana Possession Penalties. The personal possession and cultivation provisions of the Question 1 legalization initiative went into effect Monday. Adults may now possess up to 2.5 ounces of marijuana and cultivate up to six plants and keep the harvest without any criminal penalty. Marijuana sales won't come until next year.

Maine Governor Signs Bill Delaying Implementation of Legal Marijuana Commerce. Gov. Paul LePage (R) last Friday signed into law LD 88, which delays the onset of retail pot sales for a year. LePage had threatened to veto the bill unless it included $1.6 million to fund the costs of creating rules and regulations and unless it transferred oversight of the industry from the agriculture department to the Bureau of Alcoholic Beverages and Lottery Operations. The bill did neither of those things, but he signed it anyway.

Maryland Legalization Bill Coming. Lawmakers were set to announce today plans for a pair of bills related to marijuana legalization. One would make it legal for adults and regulate it like alcohol; the other would enact taxes on legal, non-medical marijuana. The state decriminalized pot possession in 2014.

South Dakota Bill Would End "Internal Possession" Charge for Pot. State Rep. David Lust (R-Rapid City) and Sen. Justin Cronin (R-Gettysburg) last week introduced Senate Bill 129, which would no longer make it legal for someone to have marijuana in their system. Under current state law, people who test positive for marijuana can be charged with "unlawful ingestion" or "internal possession," a misdemeanor.

Medical Marijuana

Arkansas Lawmaker Files Bill to Ignore State Voters' Will Until Federal Law Changes. State Sen. Jason Rapert (R-District 18) last week filed a bill that would delay the voter-approved medical marijuana law until marijuana is legal under federal law. The measure is Senate Bill 238, which has been referred to the Senate Committee on Public Health, Welfare, and Labor.

Utah Lawmakers Scale Back Medical Marijuana Plans. Legislators said last Friday they were retreating from plans to expand the state's CBD-only medical marijuana law and will instead call for more research. They also said they wanted to see what the Trump administration was going to do before they moved forward with a broader medical marijuana bill.

Drug Policy

Ethan Nadelmann Steps Down as Head of the Drug Policy Alliance. "The time has come for me to step aside as executive director of the Drug Policy Alliance," Nadelmann wrote in a letter last Friday to DPA staff announcing his resignation. "This is just about the toughest decision I've ever made but it feels like the right time for me personally and also for DPA. It's almost twenty-three years since I started The Lindesmith Center and approaching seventeen years since we merged with the Drug Policy Foundation to create DPA. We've grown from little more than an idea into a remarkable advocacy organization that has built, led and defined a new political and cultural movement." Click on the link to read the whole letter.

Maine Governor Wants to Ban Welfare Benefits for Drug Felons. As part of his budget proposal, Gov. Paul LePage is calling for a ban on food stamps and cash assistance for anyone convicted of a drug felony in the past two decades. He also wants to try again to pass a welfare drug test law. Similar efforts by LePage and the Republicans have failed in the past.

Drug Testing

Montana Woman Faces Felony Charge for Trying to Beat Drug Test. A Helena woman on probation who tried to pass off someone else's urine as her own to beat a drug test is now facing a felony charge of tampering with or fabricating evidence. Jessica McNees said she wouldn't have done it if she knew she faced a felony charge.

Indiana Legislator Files Bill to Criminalize Fake Urine. State Rep. Greg Beumer (R-Modoc) has filed a bill that would make it a misdemeanor crime to distribute, market, sell or transport synthetic urine with the intent to defraud an alcohol, drug or urine screening test. The measure is House Bill 1104.

Harm Reduction

Seattle Approves Nation's First Supervised Injection Facilities. The city of Seattle and surrounding King County have approved setting up "Community Health Engagement Locations," better known as supervised injecting sites, for injection drug users in a bid to reduce the associated harms. The city and county are not seeking prior federal approval and acknowledge that the federal government could intervene, but say they are confident it won't. Two such sites will be set up.

International

Colombian Government and FARC Announce Coca Substitution, Eradication Plans. The government and the leftist rebels of the FARC announced plans eradicate and provide substitute crops for some 125,000 acres of coca plants. President Juan Manuel Santos and the FARC leadership agreed on the plan as part of a peace agreement to end a civil war running since 1964. "The goal is to replace approximately 50,000 hectares of illicit crops during the first year of implementation in more than 40 municipalities in the most affected departments," the government and the rebels said in a joint statement.

Colombia Coca Producers March Against Crop Eradication, Substitution Program. Coca producers have taken to the streets to protest against the new program, undertaken jointly by the Colombian government and the FARC. "The areas with coca cultivations are isolated areas, with simple people, good workers," said Edgar Mora, leader of a coca growers' union. "Rural people haven't found an alternative to cultivating coca because if they cultivate other products they'll lose money and they don't find profitability in the legal products the government talks about."

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It's all weed news today, even from the Middle East. State legislatures are taking up marijuana-related bills, and Israel is moving to decriminalize it.

Marijuana Policy

Maine Legalization "Fix" Bill Passes Legislature. Both the House and the Senate approved LD 88 Wednesday. The bill now goes to the governor's desk. The most significant provision of the bill is a delay on retail operations by three months, into early 2019.

New Mexico Lawmakers Begin Push for Legalization Bills. Democratic lawmakers Wednesday announced a push to win approval of marijuana legalization via House Bill 89 and a yet-to-be-filed Senate companion bill. The bill would regulate marijuana commerce and apply a 15% state sales tax, with localities given the option of adding another 5%. "We create jobs, we create economic activity and we create revenues for the state," said Sen. Gerald Ortiz y Pino (D-Albuquerque) who plans to introduce the Senate version of the bill later this week. "It is one way this state has, and I think one of the most promising ways, to get back on track economically."

North Dakota Bill to Reduce Pot Penalties Filed. State Rep. Rick Becker (R-Bismarck) has filed House Bill 1340, which would reduce, but not eliminate, criminal penalties for using or selling marijuana small amounts of marijuana. Under current law, violators face up to three years in prison and a $3,000 fine. Under the bill, that would drop to one year and a $1,000 fine. The bill would make some marijuana-related offenses infractions instead of misdemeanors.

Vermont Push for Legalization Begins. Supporters of marijuana legalization gathered at the state house Wednesday for a press conference to kick off their effort to legalize it there this year. That's the Vermont Coalition to Regulate Marijuana, including representatives from Vermonters for Criminal Justice Reform, ACLU-VT, and the Marijuana Policy Project. "Massachusetts, Maine, and six other states have made marijuana legal for adult use," said Matt Simon, New England Political Director for the Marijuana Policy Project. "It makes no sense for Vermont to continue punishing adults for using a substance that is safer than alcohol. Lawmakers should move swiftly to eliminate penalties for adult possession and limited home cultivation. They can then work to implement a reasonably regulated system that will take marijuana sales out of the illicit market."

Wyoming Bill to Lessen Marijuana Penalties Filed. A bipartisan group of legislators is sponsoring House Bill 157, which would not decriminalize pot possession, but would make the maximum penalty for possession of less than three ounces a $200 fine. Under current law, violators face up to a year in jail and a $1,000 fine.

Medical Marijuana

New Hampshire Legislators Discuss Adding More Qualifying Conditions. The House Human Services, Health, and Elderly Affairs committee heard testimony on a series of bills that would add chronic pain, opioid addiction, fibromyalgia and post-traumatic stress disorder qualifying conditions to receive medical marijuana. The bills are sponsored by Rep. Joseph Lachance (R-Manchester), a medical marijuana card holder since 2015 who says "cannabis saved my life."

International

Israel Moves to Decriminalize Marijuana Use. Israeli Public Security Minister Gilad Erdan announced Thursday that he supports the decriminalization of marijuana use after the Justice Ministry called for decriminalization. It's not a done deal yet, though; the new policy will require the cabinet's approval. Erdan was head of a panel that recommended decriminalization, and now he has signed on to its conclusions.

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Maybe we should call this "This Week's Corrupt Prison Guards," since we have a trio of those bad boys, and an extremely sticky-fingered Louisiana sheriff's deputy. Let's get to it:

In Crowley, Louisiana, a former deputy's theft of funds was upgraded in an audit Monday. Maxine Trahan had been charged last April with stealing in excess of $25,000 in cash seized in drug busts, but a new audit from the state's Legislative Auditor says she actually stole $194,500. Trahan, who was the sheriff's office's spokesperson, began the pilferage in 2003, but it wasn't detected until last year. Theft and related charges are pending.

In Concord, New Hampshire, a federal prison guard was indicted January 11 for allegedly taking bribes to smuggle drugs and cell phones into the federal prison in Berlin. Latoya Sebree is accused of receiving payments in return for bringing contraband including prescription drugs, synthetic cannabinoids, and suboxone to prisoners. She is charged with bribery of a public official and providing contraband to an inmate in a federal prison.

In Montgomery, Alabama, a state prison guard was arrested Sunday after being caught carrying drugs as he came to work. Antwan Dandre Giles, 27, got nailed carrying over an ounce of meth, marijuana, synthetic cannabinoids, oxycodone, hydrocodone, and buprenorphine, and Xanax. He is charged with possession of marijuana, trafficking in illegal drugs, and five counts of unlawful possession of a controlled substance.

In Columbus, Georgia, a former Stewart County prison guard was sentenced last Thursday to six months in prison for smuggling marijuana to inmates at the county jail. James Royal, 43, smuggled the pot into the jail and then had prisoners' families pay him via Western Union money transfers. It's not clear what the precise charge was.

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The Illinois treasurer asks Trump for clarity on banking for the medical marijuana industry, North Dakota legislators work to ensure workers' compensation won't pay for medical marijuana for injured employees, and more.

Arkansas

On Monday, Athe legislature approved changes to the state's new medical marijuana law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

On Tuesday, the governor signed a pair of medical marijuana "fix" bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Illinois

On Monday, the state treasurer asked Trump for clarity on banking for the medical marijuana industry. State Treasurer Michael Frerichs sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota

On Monday, the House approved a bill preventing workers' comp from paying for medical marijuana. The House overwhelmingly approved House Bill 1156. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

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NFL players want the league to ease up on weed, an Oregon bill seeks to declare a kratom "emergency" and study whether to ban it, the Israelis are funding medical marijuana research, and more.

Marijuana Policy

NFL Players Association Will Propose Less Punitive Approach to Pot. The NFLPA is working on a proposal to change the league's drug policy to take a softer line on marijuana. The association will take the proposal its board of representatives first, and if the board approves it, on to the league. Currently, players are subject to fines or suspensions for using marijuana, whether recreationally or medicinally.

Medical Marijuana

Arkansas Governor Signs Medical Marijuana "Fix" Bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Kratom

Oregon Bill Would Declare Emergency, Study Whether to Ban Kratom. The state Senate Interim Committee on the Judiciary has filed a measure, Senate Bill 518, which would declare a kratom "emergency" in the state and direct the state Board of Pharmacy to conduct a study to see if the plant and its derivatives should be scheduled as a controlled substance under state law. The DEA is currently weighing a similar move on the federal level, but has run into stiff opposition from users and advocates.

Heroin and Prescription Opioids

Maryland Governor Rolls Out Package to Fight Heroin. Gov. Larry Hogan (R) unveiled a package of proposals to deal with heroin and prescription opioid use in the state. He wants strict limits on doctors' ability to write prescriptions for opioids, stiff penalties for sellers of those drugs, and a new "command center" to coordinate the official response. In other states where such measures have been proposed, doctors have objected loudly to politicians placing legal limits on the care they provide. Democrats in the legislature are working on their own package of measures, but have released no details.

Drug Testing

New York Bill Would Require Drug Testing Children Whose Parents Get Arrested for Drugs. A bill named after an infant who died of a drug overdose would require hair follicle testing of children if their parent or guardian has been arrested on a drug charge. Kayleigh Mae's Law is not yet on the legislative website. Kayleigh Mae Cassell was found to have been given cocaine and heroin by her mother and live-in boyfriend, both of whom have pleaded guilty in her death.

International

Israel Will Fund Research for Medical Marijuana Crops. The Ministry of Agriculture and Rural Development will fund medical marijuana research in what it says is a pioneering step to aid researchers in developing a new generation of medical marijuana products. The ministry and the Health Ministry have allocated $2.1 million US for the project.

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Colorado high court rules cops don't have to give your legal weed back if they seize if, changes in the Arkansas medical marijuana law go to the governor, there's more asset forfeiture activity in the states, Colombia's drug crop growers organize, and more.

Marijuana Policy

Colorado Supreme Court Says Cops Don't Have to Give Seized Marijuana Back. The state Supreme Court ruled Monday that police cannot be forced to return marijuana to a defendant acquitted of pot crimes, because that would cause them to violate the federal Controlled Substances Act. "The return provision requires law enforcement officers to return, or distribute, marijuana," the decision says. "Thus compliance with the return provision necessarily requires law enforcement officer to violate federal law." Three justices disagreed, however, saying that the CSA "immunizes federal and state officers from civil and criminal liability in the circumstances at issue here." But they lost.

Virginia Bill to End Drivers' License Suspension for Possession Advances. A bill that would undo an existing state law requiring the suspension of drivers' licenses for people convicted of pot possession was approved by the Senate Courts of Justice Committee Monday. The measure, Senate Bill 1091 still need approval from the full chamber.

Texas Judge Recommends No Punishment for Teacher Who Smoked Pot in Colorado. A teacher who admitted legally consuming marijuana while in Texas should not face any legal or professional penalty, an administrative judge has ruled. The Texas Education Agency sought to suspend the teacher's license for two years after she handed in a urine sample that tested positive for marijuana. The judge found that the teacher was not "unworthy to instruct" and that there was no evidence to suggest she was under the influence of marijuana while teaching. The TEA will have to make a final decision.

Medical Marijuana

Arkansas Legislature Approves Changes to Medical Marijuana Law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

Illinois State Treasurer Asks Trump for Clarity on Banking for Medical Marijuana Industry. State Treasurer Michael Frerichs said Monday he sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota House Approves Bill Preventing Worker's Comp from Paying for Medical Marijuana. The House overwhelmingly approved House Bill 1156 Monday. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

Kratom

Florida Kratom Ban Effort Gets Senate Companion Bill. Rep. Kristin Jacobs' (D) lonely crusade to ban kratom is not quite as lonely today. Democratic state Sen. Darryl Rouson has filed Senate Bill 424, which, like Jacobs' House bill, would add the active ingredients in kratom to the state's list of controlled substances.

Asset Forfeiture

Alaska Civil Asset Forfeiture Reform Bill Filed. State Rep. Tammie Wilson (R-North Pole) has filed House Bill 42, which would end civil asset forfeiture by requiring law enforcement obtain a criminal conviction before property is seized. "This has to do with the belongings that are taken," Wilson said. "They still can seized. But now there will be a process for those who were not involved to be able to get their items back without a lengthy proceeding and have to get an attorney to be able to do that."

Oklahoma Asset Forfeiture Bill Coming Back. State Sen. Kyle Loveless (R-Oklahoma City) will once again file asset forfeit legislation this year. The bill would require convictions before asset forfeiture unless the property is valued at more than $50,000, if the person denies any connection to the property, or is deported or otherwise unavailable. Similar efforts in past years have been blocked by strong law enforcement lobbying efforts.

Wisconsin Asset Forfeiture Bill Filed. A bipartisan group of lawmakers is preparing an asset forfeiture reform bill that would require a criminal conviction before any seizure takes place, that any seizure be proportional to the offense, and that proceeds from forfeitures be directed to state general funds, and not law enforcement. The bill is not yet available on the legislative website.

Drug Testing

North Dakota Welfare Drug Testing Bill Filed. State Sen. Tom Campbell (R-Grafton) has filed Senate Bill 2279, which would require the state Department of Human Services to develop a procedure for testing welfare applicants suspected of illegal drug use. The bill would deny benefits for a year to applicants who refuse a drug assessment, refuse a drug test, or don't participate in a treatment program. Similar legislation has been introduced the last three sessions. The Department of Human Services does not support it.

International

Colombia Coca, Opium, and Marijuana Farmers to Form Association. The growers are planning to found the National Coordinator of Coca, Marijuana, and Opium Growers to try "to forge a common negotiating front with the government to influence any potential agreements on drug control that come as a result of peace talks with the Revolutionary Armed Forces of Colombia (FARC). The organization would have national reach and appears to be an effort to create a political coalition with the aim of directly negotiating with the government. Notably, such a coalition could form a future political support base for an eventual FARC political party. By linking the future of a FARC party to the issue of forceful eradication, which the group would almost assuredly oppose, the pace of eradication in Colombia could end up slowing even further," Stratfor reported.

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A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2019, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

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Move over, Napa Valley, there's a new kid on the block. When it comes to spending on mind-altering substances, Americans and Canadians are shelling out just about as much for marijuana as they do for wine.

In its executive summary of a yet-to-be-released report, Arcview Marijuana Research pegs the size of the North American marijuana market -- legal and illegal -- at $53.3 billion, which puts it roughly even with the market in wine. According to Statista, US retail wines sales sit at $55.8 billion, and Canadian government figures put sales there at $3.2 billion.

Weed has not yet overtaken wine, but it's damned close. And this is happening in a marijuana market that is still mostly illegal. Yes, Canada will legalize marijuana, but it hasn't done so yet. And yes, more than half the states allow medical marijuana and eight of them have legalized it for adults, but illegal sales still account for 87% of the market, according to Arcview.

For Arcview CEO Troy Dayton, the huge illegal market is not a bane, but a boon.

"The enormous amount of existing, if illicit, consumer spending sets cannabis apart from most other major consumer-market investment opportunities throughout history," he explained. "In contrast to comparable markets with fast growth from zero to tens of billions in recent decades such as organic foods, home video, mobile, or the internet, the cannabis industry doesn’t need to create demand for a new product or innovation -- it just needs to move demand for an already widely-popular product into legal channels."

As the adult use markets in the newest legal US states (California, Maine, Massachusetts, and Nevada) and Canada are established, Arcview predicts the illegal market's share of total sales to decline. The legal market should grow from $6.9 billion last year to $21.6 billion by 2021. But even then, Arcview says, the black market will still account for two-thirds of all sales.

That's because black market operators in states that have not legalized even medical marijuana, not to mention recreational weed, will continue to thrive on an "illegality premium" or "prohibition tax" built into black market prices with no competition from legal operators.

Conversely, state-legalized sales also include an illegality premium due to federal law, and businesses are unable to reap the efficiencies of scale that fully legal businesses are able to. The marijuana prices of tomorrow may be markedly lower than the marijuana prices of today, which could mean a smaller market eventually if measured by dollars spent, even if it is larger in terms of number of customers.

Stil the marijuana market is huge by any meausre, and it's not going away -- despite what happens in Washington, DC. That's something to ponder as you sip your Chablis.

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