A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.
[image:1 align:left caption:true]Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.
Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.
"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.
More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.
"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."
The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.
And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.
Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).
At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.
And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.
Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.
"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."
[image:3 align:left]"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.
"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.
While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.
"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."
A national clinical cannabis conference is coming to Portland next month, state legislatures continue to deal with medical marijuana and CBD bills, Colorado wants to crack down on high plant-count patients, and more. Let's get to it:
Last Friday, the American Academic of Neurology endorsed the use of medical marijuana for MS. The group recommended oral cannabis extract to help ease spasticity symptoms and pain in patients with multiple sclerosis, along with other therapies, in new, evidence-based complementary and alternative medicine (CAM) recommendations.
On Monday, the announcement went out for the Eighth National Clinical Conference on Cannabis Therapeutics. The state-of-the-art conference, cosponsored by Patients Out of Time and the University of California-San Francisco School of Medicine, will take place in Portland, Oregon, on May 8-10. Click on the link for more details and registration information.
On Monday, the US Supreme Court refused to overturn an Arizona court ruling ordering a sheriff to return medical marijuana seized from a patient. Yuma County had refused to return medicine seized from a California woman who was authorized to use medical marijuana. She sued, and Arizona courts agreed her medicine must be returned. Now, the Supreme Court has declined to intervene in the case.
On Wednesday, demonstrators protested the blocking of a bill that would allow approved PTSD research to go forward. Supporters of medical marijuana research are trying to put state Sen. Kimberly Yee in the hot seat because the Senate Education Committee chairwoman is blocking a bill that would allow monies collected under the state's medical marijuana program to be used to help fund an approved trial of medical marijuana for treating PTSD in veterans. The bill is House Bill 2333, which has already passed the House.
Last Wednesday, the state Supreme Court upheld local cultivation bans. The state Supreme Court denied review of an appellate court decision upholding the rights of local governments to completely ban personal cultivation by medical marijuana patients. The ruling came in a lawsuit sponsored by California NORML, which had asked the high court to "depublish" the decision. "We are deeply disappointed by the court's decision," said CANORML Director and Prop 215 coauthor Dale Gieringer, "They have effectively undermined Prop. 215's stated purpose 'to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes.'"
Last Thursday, the Fresno city council appointed a committee to review medical marijuana growing. Council President Steve Brandau appointed a temporary panel charged with finding solutions to a problem that pits seeking to grow their medicine against neighbors who don't like it. The move comes after protests in the wake of the council's move last month to ban indoor grows.
On Tuesday, Los Angeles reported that 450 dispensaries had filed renewals to pay city business taxes next year. But under the Proposition D dispensary regulation measure passed by voters last year, only 140 dispensaries are allowed to operate in the city. The city has been attempting to force non-allowed dispensaries out of business, but it looks like they aren't going without a fight and are willing to pay taxes to the bitter end.
Last Thursday, the Department of Public Health said it wants to limit high plant-count patient and caregiver grows. Currently, caregivers can serve more than five patients by applying for a "medical necessity" waiver from the department, and plant counts can be increased from just six with a doctor's recommendation, which is often the case with patients who make their own concentrates or edibles. Department officials said they would ask the legislature to draft new laws to tighten the "loopholes," but will seek public input first. Some patient advocates are not happy.
Last Thursday, a Senate committee approved a CBD medical marijuana bill. A bill that would allow doctors to prescribe "non-euphoric" marijuana strains for seizure or cancer patient passed the Senate Criminal Justice Committee. Senate Bill 1030 is now headed for the Appropriations Committee. A companion bill is also moving in the House.
Last Thursday, the House approved a CBD medical marijuana bill. The measure, Senate Bill 124, passed on a unanimous vote. The bill then went back to the Senate, which had already approved it, for approval of slight changes.
On Monday, the Senate gave final approval to Senate Bill 124. The bill would allow Kentuckians to use cannabidiol in two cases: a prescription from a doctor at the University of Kentucky or the University of Louisville research hospitals or a trial from the US Food and Drug Administration. The bill will become law unless Gov. Steven Beshear (D) vetoes it.
Last Thursday, the Senate approved a full-blown medical marijuana bill. The measure, Senate Bill 923 now goes to the House, where a similar bill has already been passed. The bill would allow seriously ill residents suffering from certain qualifying conditions to use medical marijuana if their doctors recommend it. Possession limits and regulations governing cultivation and dispensary facilities would be determined by the state prior to implementation.
On Monday, the Massachusetts Municipal Association released a report with recommendations for local governments trying to navigate the state's new medical marijuana law. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers.
On Tuesday, a Senate panel heard testimony on a CBD medical marijuana bill. The Senate General Laws Committee heard the testimony, but did not vote on the bill. The measure, Senate Bill 951, is not expected to pass this session.
Last Friday, the Legislative Commission gave final approval for medical marijuana growing, processing, and selling rules. The regulations spell out requirements for testing laboratories, cultivation operations, processing facilities and dispensaries. Although dispensaries are legal in Nevada as of this week, it could be late this year before any are actually open for business and selling medicine to patients.
Last Saturday, Gov. Cuomo and legislative leaders failed to include medical marijuana in their state budget proposal, greatly lessening the chances for passage of the Compassionate Care Act this year. Advocates are calling on the Senate to act on the measure, which has passed the Assembly repeatedly in previous years, only to be bottled up in the Senate.
Last Thursday, the Bandon city council approved a 120-day moratorium on dispensaries. The council said the move gives the city time to plan for siting and regulating such facilities. The ordinance also declared an emergency so the moratorium would go into effect immediately. Under a new state law allowing dispensaries, localities can ban them, but for no more than one year.
Last Friday, the Oregon Health Authority reported that 22 dispensaries have been approved statewide so far. Portland has the most registered shops with nine, followed by Eugene with five. Bend and Salem now have two each, while Springfield, Corvallis and Hermiston all have one. One shop declined to have its location disclosed. The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.
On Monday, the Oregon Health Authority issued revised rules for marijuana edibles. Earlier draft rules had banned all edibles, but under the new ones, only edibles "attractive to minors" are forbidden. The agency revised the rules after receiving hundreds of complaints.
On Tuesday, Lane County commissioners voted down a proposed yearlong dispensary moratorium. The measure failed 1-4 after numerous people spoke out against it. Lane County followed the town of Veneta in considering but ultimately dropping a proposed moratorium in recent weeks. The Lane County communities of Florence and Junction City have enacted one-year bans, while city leaders in Springfield, Creswell, Coburg and Cottage Grove are still weighing the issue. The Eugene City Council has not scheduled a discussion.
On Monday, the Senate began debating a medical marijuana bill. Advocates of the move argue legalization will dramatically cut crime and legal costs on the Caribbean island, but some legislators and health officials are wary.
On Tuesday, the legislature approved a CBD medical marijuana bill. The measure, Assembly Bill 726, was approved by the state Senate on the last day of the session. It had already passed the Assembly and now goes to the governor's desk.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
DEA Administrator Michele Leonhart told a congressional committee today her agency is "fighting back" against Justice Department p
A new Pew Research poll has some surprising and heartening results, Madison (WI) says legalize it, Wisconsin passes a CBD medical marijuana bill, misbehaving cops get noticed, the Russians are griping about the Aghan poppy crop again, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Dane County (Madison), Wisconsin, Voters Say Legalize It. Voters in Dane County approved a non-binding advisory referendum calling on legislators to legalize marijuana in the land of the Cheese Heads. The referendum passed with 64.5% of the vote.
Missouri Senate Panel Holds Hearing on Medical Marijuana Bill. The Senate General Laws Committee heard testimony on a medical marijuana bill Tuesday, but took no action. The measure, Senate Bill 951, is not expected to pass this session.
Wisconsin CBD Medical Marijuana Bill Passes Legislature. The Wisconsin legislature has approved a CBD medical marijuana bill. Assembly Bill 726 passed the Senate Tuesday, the last day of the legislative session. It had already passed the Assembly.
Pew Poll Finds Tectonic Shift Underway on Drug Policy. A new Pew Research Center poll finds that the public is ready for a truce in America's long-running drug war. Two-thirds favored treatment over jail for heroin and cocaine users and strong majorities said that alcohol was more harmful than marijuana. Click on the link for full poll results, or read our feature story on it in this issue.
US Senator Calls on DEA to Implement Prescription Drug Take Back Program. Sen. Amy Klobuchar (D-MN) took to the Senate floor Tuesday to press the DEA to implement a 2010 law based on bipartisan legislation she sponsored. The law expands drug take back programs. "Prescription drug abuse has reached crisis levels and is leading to a spike in heroin abuse as well, and we should spare no effort to reverse this deadly trend," Klobuchar said. "My drug take back law will help keep drugs out of the wrong hands and prevent prescription drug abuse as well as heroin abuse. The Administration needs to implement this common sense law so that we can give families new tools to help fight this devastating epidemic." No word yet on any DEA response.
Minnesota Occupy Activists Given Drugs By Cops Can Sue, Judge Rules. In a bizarre story out of Minneapolis, a federal judge has ruled that Occupy activists plied with marijuana by Minnesota police doing a drug identification training exercise during the protests can sue. Law enforcement agencies that employed the officers involved had filed a motion to throw out the case, but US District Court Judge John Tunheim rejected the motion, noting that "in light of the clear prohibition on providing illicit drugs to citizens," the agencies "are not entitled to the protection of qualified immunity." Click on the link for all the weird details.
Lawsuit Charges Corruption, Harassment Among Alabama Narcs. A former Walker County deputy who worked for the department's Narcotics Enforcement Team before he was fired has filed a lawsuit against the county and the sheriff charging he was fired for cooperating in an FBI investigation of his boss, who killed himself after stealing drug money to pay personal bills and support his mistress. Click on the link for all the sordid details.
Russian Drug Czar Charges NATO Doesn't Care About Afghan Drug Production. NATO's decision to phase out cooperation with Russia in training anti-drug officers for Afghanistan reveals the alliance's unwillingness to really combat drug production in this country, Viktor Ivanov, the chief of the Russian Federal Drug Control Service, told Interfax on Wednesday. "This is not surprising. What could you have expected from NATO?" Ivanov said. "NATO has long been pursuing a policy aimed at the presence of its military component in Afghanistan. Now they are pulling out of this country, leaving massive drug production there," Ivanov said. Afghanistan accounts for nearly 90% of the world's illicit opium production, according to the UN.
Washington, DC Mayor Vincent Gray Monday signed the marijuana decriminalization bill passed last month by the city council. It's not quite a done deal yet, though -- Congress has 60 working days to object, but to stop the bill, it must pass a resolution blocking it, and President Obama must sign it. So it appears likely that the nation's capital will have decriminalized pot possession by the time Congress leaves town for the August recess.
[image:1 align:right]"DC lawmakers heard loud and clear the public's demand to end marijuana arrests and passed one of the strongest decriminalization laws in the whole country, said Grant Smith, policy manager with the Drug Policy Alliance. We don't expect members of Congress to object to saving taxpayer dollars and advancing racial justice here in the nation's capital."
The decriminalization bill, the Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409) makes possession of less than an ounce of marijuana a civil offense punishable by a fine of only $25 (the cheapest of any decriminalization state). It also explicitly prohibits police from using the smell of marijuana as a pretext for stopping and searching people.
The bill advanced through the DC political process on a wave of concern that marijuana laws in the nation's capital were being enforced in a racially discriminatory fashion and is seen by council members and advocates alike as a model for reducing racial disparities in the criminal justice system.
Last July, the American Civil Liberties Union released The War on Marijuana in Black and White, which found that black people in the District are eight times more likely to be arrested for marijuana possession than whites, and the Washington Lawyers' Committee on Civil Rights and Urban Affairs released Racial Disparities in Arrests in the District of Columbia, 2009-2011, which found that blacks accounted for nine out of 10 drug arrests in the District.
Those grim realities were at the forefront as a broad spectrum of DC faith, community, and advocacy groups praised Mayor Gray's signing of the bill.
[image:2 align:left caption:true]"Passage of this law gets to the unspoken imbalances in our justice system for people of color and it is the voice of the people who ensured its passage," said Collective Power, a grassroots alliance of District residents concerned about the disproportionate criminalization and discrimination of communities of color. "The District of Columbia must be at the forefront of decriminalizing 'being black and brown' and this is the start."
"The passing of the decriminalization marijuana bill is the first step in the right direction to dismantling the immoral war on drugs that has devastated communities of color," said Rev. Kelly D. Wilkins with the Covenant Baptist United Church of Christ.
"Although I do not advocate or condone the use of marijuana, I support this bill because far too many of our people have been targeted, locked up, thrown away and placed outside of our society due to a small amount of marijuana, said Reverend George C. Gilbert, Jr. with Holy Trinity United Baptist Church.
"This bill is one of the first measures to address racial profiling in drug arrests, both procedurally and substantively. We are confident that Congress shares the District's concerns about disparities in enforcement and the disturbing trends we are seeing nationwide," said Patrice Amandla Sulton with the NAACP DC Branch.
"This historic legislation exists because DC residents and their leaders decided to change an ugly reality: Black people are stopped, searched, and arrested under marijuana prohibition far more than whites, when both groups use the drug at similar rates," said Seema Sadanandan, Program Director at the ACLU of the Nation's Capital.
[image:3 align:right]"I've talked to hundreds of people in the District's black and brown communities who have been stopped and searched because police officers claimed they smelled marijuana, only to find no evidence of the drug whatsoever," Sadanandan continued. "Children on their way home from school, parents on their way to work -- marijuana odor has become the flimsy excuse for treating people of color like criminals. With this decriminalization legislation, we will take a critical step toward ending the racial profiling of entire communities."
If and when the law goes into effect, DC will join 17 states that have already decriminalized small-time marijuana possession. But passage of the decriminalization bill into law is by no means the end to marijuana politics in the District -- in fact, it could be just a first step on a path toward outright legalization, either through the council or through the initiative process.
Before the council right now is a full-blown marijuana legalization bill, Council Bill 20-466, which has been sitting in the Judiciary and Public Safety Committee since it was introduced last fall by Councilmember David Grosso.
"I congratulate Mayor Gray for signing this practical reform that should result in fewer people being burdened with a trip to the courthouse for small amounts of marijuana. More people than ever are hopeful the mayor will next support full legalization," said the campaign's chairman, Adam Eidinger.
Given time limitations, Eidinger and the DC Cannabis Campaign can't sit around waiting for the city council to act or for a new mayor to be chosen. They need to start gathering signatures now if they are to try to qualify for the November ballot. They only have until July 7 to come up with 25,000 valid voter signatures, but if they do, the passage of the decriminalization bill may be a significant victory that ends up forgotten in the accelerating rush toward repealing pot prohibition.
No April Fools' stories here -- the mayor of Washington really did sign a decriminalization bill, the Kentucky legislature really did pass a CBD medical marijuana bill, the US government really won't help Honduras shoot down drug planes, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
DC Mayor Signs Decriminalization Bill. District of Columbia Mayor Vincent Gray signed the marijuana decriminalization bill already passed by the city council Monday. It's still not quite a done deal, though; it must still get past the Congress, which has 60 days to stop it. We will have a feature story on the signing later today.
California Cannabis Hemp Initiative is Back and Seeking Signatures Again. The California Cannabis Hemp Initiative, which failed to meet a signature-gathering deadline earlier this year, has been re-filed and is again seeking to come up with enough signatures to qualify for the November ballot. The followers of legendary activist Jack Herer have tried each election cycle for years to qualify, but have never managed to do it. They need slightly more than half a million signatures by August.
The Eighth National Clinical Conference on Cannabis Therapeutics to be Held May 8-10; Registration Now in Progress. The medical marijuana organization Patients Out of Time and the University of California-San Francisco School of Medicine are sponsoring the conference on the state of the art (and science) on medical marijuana in Portland, Oregon. Click on the link for all the details.
Arizona State Senator Blocks Funding for Long-Sought Medical Marijuana Research. Supporters of medical marijuana research are trying to put state Sen. Kimberly Yee in the hot seat because the Senate Education Committee chairwoman is blocking a bill that would allow monies collected under the state's medical marijuana program to be used to help fund an approved trial of medical marijuana for treating PTSD in veterans. The bill is House Bill 2333, which has already passed the House. A demonstration is set for tomorrow in Phoenix. Click on the title link for more details.
Kentucky Legislature Passes CBD Medical Marijuana Bill. The state Senate Monday gave final approval to a bill that would allow research hospitals to prescribe CBD cannabis oil to children with seizures. Senate Bill 124 now goes to the desk of Gov. Steve Beshear (D).
Medical Marijuana Dropped from New York State Budget. On Saturday, Governor Cuomo, Speaker Sheldon Silver, and Senate Co-Presidents Dean Skelos and Jeffrey Klein announced that they had reached a budget agreement, but the deal excluded a medical marijuana bill, the Compassionate Care Act. The Assembly had included the proposal as part of their one-house budget bill, but the Senate and governor refused to include the bill in the final budget. The Compassionate Care Act has passed the Assembly four times, has bipartisan support in the Senate, and is supported by a super-majority of New York voters. But Senate leaders have refused to let the bill come up for a vote.
Oregon Health Authority Rethinks, Revises Rules to Allow Edibles, But. The Oregon Health Authority on Monday issued revised rules for marijuana-infused products, allowing the sale of baked goods and other sweets but banning marijuana-laced sweets "attractive to minors." The authority had recently issued draft rules banning edibles, but backed off in the face of strong opposition.
Puerto Rico Senate Debating Medical Marijuana. The Puerto Rican Senate is currently discussing the legalization of marjhuana for medical use and its cultivation. Advocates of the move argue legalization will dramatically cut crime and legal costs on the Caribbean Island. Click on the link for more details.
Congressman Wants to Ban Zohydro. Massachusetts Democratic Rep. Stephen Lynch has filed a bill that would ban Zohydro, the powerful opioid pain reliever recently approved by the Food and Drug Administration. The bill is House Resolution 4241. Similar legislation has been filed in the Senate by Sen. Joe Manchin (D-VA).
Portland, Oregon, Commissioner Wants to Slash Dope Squad Funding. Portland Commissioner Steve Novick is working to convince his colleagues to cut half of the money budgeted for Portland Police Bureau's Drugs and Vice Division, arguing that other city services demand higher priority -- such as disaster preparedness and pedestrian safety. He argues that the division is engaged in a "failed 40-year effort to interrupt the supply of drugs." He makes his case before the commission today.
US Won't Help Honduras Shoot Down Suspected Drug Planes. The US will no longer provide radar information that could help the Honduran government shoot down suspected drug planes, US embassy officials in Tegucigalpa confirmed Monday. Honduras passed a law in January that allows military force against suspected drug planes if approved by the Honduran defense secretary.
Britain to Set Drugged Driving Per Se Standards. The British government is about to set drugged driving standards for a number of substances, some legal and some not. These are not "zero tolerance" standards, but will allow drivers to have small amounts of the substances in their blood without triggering drugged driving charges. Click on the link to see the limits for various substances.