Chronicle AM: Obama on DC Pot Laws, WI "Cocaine Moms" Law Challenged, No More 'Shrooms in Bali, More (12/12/14)
The president weighs in on congressional moves to block DC marijuana legalization, Oklahoma could be joining the cannabis oil medical marijuana club, a Wisconsin woman sues over the "cocaine moms" law, the ACLU is looking to sue a Connecticut housing agency over mandatory drug tests, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Obama Thinks Congress Should Not Interfere With DC Pot Laws. As the battle continues over whether Congress has managed or not to block the District of Columbia's Measure 71 legalization initiative, President Obama has weighed in. In a Thursday press conference, White House press secretary Josh Earnest said the president did "not believe Congress should spend a lot of time interfering with the citizens of District of Columbia." Asked specifically about Measure 71, Earnest noted that the measure had been approved by the voters and that, "on principle," that Congress shouldn't interfere with home rule. But Earnest also noted that Obama supports passing the omnibus spending bill that would, some say, overturn the measure.
Cannabis Oil Bill Should Be Filed Today in Oklahoma. Rep. John Echols (R-Oklahoma City) has said he plans to file a low-THC cannabis oil bill today. The bill would only allow for use my children suffering from epilepsy. The news comes as the director of the state's drug agency says he now backs a study that would make the medicine available to sick children.
Connecticut Public Housing Agency Under Fire for Suspicionless Drug Testing of Applicants. The Norwalk Housing Authority (NHA) requires mandatory, suspicionless drug testing of people applying to live there, and the ACLU of Connecticut is looking for people who want to sue the agency over the issue. "We urge you to repeal this policy because this suspicionless drug testing violates guarantees in the United States and Connecticut constitutions against unreasonable searches and seizures," wrote ACLU staff attorney David McGuire in a December 2013 letter to the Authority. "We would like to hear from any potential tenant who objects to the suspicionless drug test so that we can consider legal action," McGuire said Wednesday. To make matters worse, the NHA is the only housing authority in the country to drug test using hair follicles, which unlike urine or blood samples, can reveal drug use going back weeks or even months.
Georgia Judge Convicted of Planting Drugs on Woman. A woman accused a judge of propositioning her when she appeared before him to seek warrants against people who had assaulted her, so he conspired with some local cops to plant methamphetamine in her vehicle and have her arrested. Now, former Magistrate Court Judge Bryant Cochran has been found guilty of conspiracy to distribute a controlled substance, violating the civil rights of a court employee by sexually assaulting her, and witness tampering. He's looking at almost certain federal prison time when he is sentenced in February.
Lawsuit Will Challenge Wisconsin's "Cocaine Mom" Law. A woman who was jailed after admitting past drug use while seeking a pregnancy test and medical help for depression is filing suit to have the state's "cocaine mom" law thrown out. That law allows authorities to detain and force treatment on pregnant women suspected of drug or alcohol use. Tammy Loertscher of Medford is filing the suit with the assistance of National Advocates for Pregnant Women, which says the Wisconsin "fetal protection" law is one of the most sweeping in the nation.
Hungary's Prime Minister Wants Drug Tests for Journalists and Politicians. Hungary's rightist prime minister, Viktor Orban, who has vowed to make the country a "non-liberal" state, called today for mandatory drug testing for journalists and politicians. "The government decided that it will rid Hungary of the drug mafia in this term," Orban said. "Politicians, journalists and those filling positions of public trust have to be included (in the drug tests) because it is clear that those who consume drugs cannot be relied on in the fight against drugs." Orban's statement isn't sitting well with journalists and civil libertarians, with the Association of Independent Journalists calling his proposal "legally and morally deeply outrageous." Earlier this week, the mayor Budapest calling for drug testing teens as well, but that proposal appears have been dropped.
Just a Reminder: Magic Mushrooms Are Now Illegal in Indonesia.Magic mushrooms had long been excluded from Indonesian drug laws, and were openly sold and used, especially in the popular tourist destination of Bali, but that's no longer the case. They are now considered a Type 1 narcotic since the law was revised earlier this year, and police are on a campaign to let people know. "All people who consume and trade in magic mushrooms are violating the Narcotics Law," Denpasar Police drug section head Comr. I Gede Ganefo said recently. "Many people do not yet know that magic mushrooms are illegal and they could face a prison term if they sell or consume them. They think it is all right as they grow naturally in manure," Ganefo said. Police said the informational campaign will become an enforcement campaign starting January 1. "Next month [Jan. 2015], there will be no more tolerance. If we find any people selling or consuming magic mushrooms, we will arrest them. They could face the same charges as those using marijuana and other drugs, a minimum four-year and maximum 12-year prison term," Ganefo said.
There are conflicting views on the fate of DC's legalization initiative, the Justice Department okays marijuana growing on Indian reservations, Spaniards now support marijuana legalization, and more. Let's get to it:
[image:1 align:left caption:true]DC Legalization Still Alive? Democrats Think So. Despite the language Republicans managed to include in the "CRomnibus" federal spending bill interfering with the District of Columbia's right to set its own marijuana policies, several leading Democrats say that the Initiative 71 marijuana possession and cultivation legalization initiative is still alive. House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, who represents DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds D.C.; Rep. Nita Lowey (D-NY), the Ranking Democrat on the House Appropriations Committee; and others have said that the D.C. rider allows Initiative 71 to stand. The D.C. government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.
DC Legalization Still Alive? Republicans Just Say No. While Democrats argue that marijuana legalization was "enacted" by the voters on November 4 and thus will prevail, Republicans beg to differ. They argue that because the initiative has not been transmitted to Congress or passed congressional review, it has not been enacted. "It's pretty clear," said Rep. Andy Harris (R-MD) who led the charge against decriminalizing pot in DC with a rider that was not included in the final bill. "You can't enact anything once the rider's passed. The legalization is not enacted." We probably haven't heard the final word on this just yet.
Justice Department Okays Indian Tribes Growing, Selling Marijuana. In new guidance to US Attorneys, the Justice Department is telling them not to prevent tribes from growing or selling marijuana on tribal lands, even in states that have not legalized it. It is unclear how many tribes will take up the offer; while some see pot sales as a source of potential revenue, others are strongly opposed to the use or sale of marijuana on their lands. The Justice Department will generally not attempt to enforce federal marijuana laws on tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.
Michigan Welfare Drug Testing Bill Heads to Governor's Desk. A two-bill package that would impose suspicion-based drug testing on some welfare recipients has passed the legislature and now awaits the signature of Gov. Rick Snyder (R). The bills would create a pilot drug testing program to begin by next October. Under the bills, welfare applicants would be screened, and if the screening suggests "reasonable suspicion" they are using drugs, a drug test would be required. Although Republican sponsors said they were concerned about children, Republicans defeated a move to allow an appointed adult to receive funds for children if their parents are disqualified because of drug use.
Poll Finds a Majority of Spaniards Say Legalize Weed. Some 52% of Spaniards are ready to legalize marijuana, according to a new poll from the Foundation for Aid Against Drug Addiction. That's well above previous surveys from the same group conducted in 1999 and 2004. "There has been a development around the image of this drug, which could have contributed to an increase of a more cannabis-friendly population," the foundation noted.
Despite the language Republicans managed to include in the "CRomnibus" federal spending bill interfering with the District of Columbia's right to set its own marijuana policies, several leading Democrats say that the Initiative 71 marijuana possession and cultivation legalization initiative is still alive.
[image:1 align:left]A close reading of the relevant language in the bill shows that while it would block the District council from enacting a pending bill to tax and regulate marijuana, it would not undo DC's decriminalization law that is already on the books. The language around Initiative 71 is less clear, but Democrats involved with the negotiations say it is clear that the legislative intent of the rider in question was to allow both decriminalization and Initiative 71 to stand.
House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, the Congressional Delegate from DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds DC; Rep. Nita Lowey (D-NY), the ranking Democrat on the House Appropriations Committee; and others have said that the DC rider allows Initiative 71 to stand. The DC government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.
"Initiative 71 was enacted on November 4th when 70% of DC voters approved it, said Bill Piper, director of national affairs for the Drug Policy Alliance. "Voters wanted to reduce racial disparities in the criminal justice system and focus police resources on serious and violent crime. The will of the people should stand. While Initiative 71 won't take effect until after the Council transmits it to Congress in January and it goes through an administrative 30-day review period, it has very clearly already been enacted by the voters."
The Drug Policy Alliance is urging the DC city council to transmit Initiative 71 to Congress as soon as it convenes in January.