The Maryland Senate today overwhelmingly approved a marijuana decriminalization bill with bipartisan support. It now heads to the House of Delegates.
No legalization for Maryland this year, the ASA national conference is coming soon, Utah (!) passes a package of policing reform bills, welfare drug testing goes down in flames in Indiana, the Swiss ponder cannabis clubs, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Michigan Activists Plan Slew of Local Reform Initiatives. Marijuana reform activists are planning "a tsunami move in November 2014," with plans to put initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older on the local ballot in at least eight towns and cities, and perhaps a dozen more. The Safe Michigan Coalition, the folks behind successful initiatives in Lansing, Ferndale, and Jackson last year, are also behind this effort.
NORML PAC Endorses Tommy Wells for DC Mayor. NORML PAC, the campaign and lobbying arm of NORML, announced today that it is endorsing Councilman Tommy Wells for mayor of Washington, DC. "Councilman Wells is a passionate crusader for the cause of marijuana law reform," stated NORML PAC manager Erik Altieri, "Wells showed his skill and acumen for the issue when he championed the District's marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor's office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation."
Maryland Legalization Bill Dies, But Decriminalization Bill Still Lives. A bill that would have legalized marijuana in Maryland, House Bill 880 from Rep. Curt Anderson (D-Baltimore), died for lack of support in committee yesterday, but a decriminalization bill, Senate Bill 364, filed by Sen. Robert Zirkin (D-Montgomery) passed the Senate and is now before the House Judiciary Committee.
Colorado Appeals Court Rules Some Marijuana Convictions Can Be Thrown Out. Some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in Colorado, the state's second-highest court ruled Thursday. The Colorado Court of Appeals said people whose cases were under appeal when Amendment 64 on recreational marijuana took effect in December 2012 are eligible to have their convictions reversed. The case is Colorado v. Brandi Jessica Russell.
ASA National Conference in Washington, DC, April 5-7. The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), formally announced today its second annual Unity Conference, "Navigating Medical Cannabis in the Mainstream," to be held in Washington, DC on April 5-7, 2014. The conference will highlight medical and legal experts, policymakers, and a wide array of workshops and panels focusing on scientific research, strategic planning, and skills building. Click on the links for more details.
Washington Medical Marijuana Regulation Bill Dies. A legislative effort to roll Washington's medical marijuana program into its I-502 legal marijuana system has died at the last minute after House Republicans tried to use it to divert a share of marijuana tax revenue to cities and counties. Senate Bill 5887 sponsor Sen. Ann Rivers (R-La Center) said the bill was doomed by "immovable positions" even after a last-minute push by the governor. The bill would have required existing dispensaries to either get legal under I-502 or close, would have ended collective gardens, and would have reduced the amount of marijuana patients could possess and the number of plants they could grow.
Utah CBD Medical Marijuana Bill Passes Legislature. A bill that would allow children with epilepsy to use CBD cannabis oil has passed the legislature and now heads for the governor's desk. House Bill 105 won final approval in the House Thursday.
Pre-Job Offer Drug Tests Violate ADA, Federal Court Rules. Pre-offer drug tests to determine the use of both legal and illegal drugs violates the Americans with Disabilities Act's (ADA) prohibition on pre-offer medical inquiries, a federal court in Pennsylvania ruled last week. The ADA contains an exception for tests solely "to determine the illegal use of drugs," but the court held that the urine drug screens qualified as medical exams because they tested not just for drugs but also for other medical purposes. The case is EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center.
Indiana Welfare Drug Testing Bill Dies on Ties Vote in Senate. A bill to drug test welfare recipients suspected of using drugs died last night on a dramatic tie vote in the Senate. Senate Bill 1351 had already passed the House by a margin of 81-17, but Senate opponent said the measure unfairly targeted poor people and that other states that have adopted such programs have found they were not cost effective.
Utah Legislature Passes Policing Reform Bills. Three bills to impose some controls on law enforcement have been sent to the governor's desk in Utah. House Bill 70 originally would have limited the use of "dynamic entry" search warrants to situations involving violent crime, but was watered down. It still, however, imposes some restrictions on such searches. Senate Bill 185 would require police agencies with SWAT teams to report on why and how often they are used. Only Maryland has approved a similar law. And House Bill 185 requires police to obtain a warrant before searching the contents of a cell phone, including bulk data collection through technologies like Stingray.
Drugged Driving Bill Passes Vermont House. A bill that makes it easier for police to charge drivers with drugged driving passed the House Thursday. House Bill 501 changes existing law to use the same definition of "under the influence"of drugs as has been established for alcohol. Under current law, drugged driving can only be proven if someone drives unsafely, but the proposed law would change that to enable a conviction "when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug." The state Supreme Court has held that any drug presence constitutes "under the influence." The bill now heads to the Senate.
Swiss Cities Consider Backing Cannabis Clubs. Municipal governments in at least five Swiss cities are considering plans to allow "cannabis clubs" or user associations. Local governments in Basel, Bern, Geneva, Lausanne, and Zurich are contemplating the move, with Geneva taking the lead. A working group will present a final proposal to authorities in June, but the move would require changes in federal law.
British Deaths From New Synthetics "Inflated," Former Drug Advisors Say. The National Program on Substance Abuse Deaths (NSPAD) reported 68 deaths in 2012 from the use of "legal highs" or new synthetic drugs, but two former government drug advisors say that figure includes many deaths from substances that "are already illegal, not new, and/or not psychoactive." Professor David Nutt and Dr. Les King of the Independent Scientific Committee on Drugs said only 11 of the 68 deaths actually occurred with new synthetics. "What is certain is that if the current government review of legal highs is to be taken seriously and lead to health improvements then there must be a proper definition of terms and improved data collection," they said. "Moreover the data must be properly and independently audited so the effects of any change in the law can be properly evaluated."
(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
Attorney General Holder endorses federal drug sentencing reductions, CBD medical marijuana bills move in the South, a New Hampshire decriminalization bill advances, Zohydro may get some competition, and the UN is generating plenty of news, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Marylanders Rally for Legalization. Nearly 100 supporters of sweeping changes in Maryland's marijuana laws rallied in Annapolis Thursday before planned legislative hearings on bills to legalize -- or at least decriminalize -- possession of the drug. The House Judiciary Committee is hearing a series of marijuana reform bills this afternoon, including a legalization bill (House Bill 880) from Rep. Curt Anderson (D-Baltimore).
Maryland Poll Has Slim Majority for Legalization. As the legislature considers marijuana reform bills, a new Goucher Poll has support for legalization at 50.1%, with 39.4% opposed. The poll also had a whopping 89.6% in favor of medical marijuana.
New Hampshire Decriminalization Bill Passes House. The House approved a decriminalization bill by a veto-proof margin Wednesday. House Bill 1625, sponsored by Rep. Adam Schroadter (R-Newmarket) and a bipartisan group of seven cosponsors including Sen. Jeff Woodburn (D-Dalton), would make possession of up to one ounce of marijuana punishable by a civil fine of up to $100. It would also make cultivation of up to six plants a Class A misdemeanor instead of a felony. Currently, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Now, it's on to the state Senate.
Kentucky Senate Approves CBD Medical Marijuana Bill. The Senate passed a bill allowing doctors to prescribe and patients to use CBD cannabis oil for medical reasons Wednesday. The bill passed with no opposition. Senate Bill 124 now goes to the House.
Georgia Senate Committee Approves CBD Medical Marijuana Bill. The Senate Health and Human Services Committee unanimously approved House Bill 885, which would allow patients to use CBD-based cannabis oils. It also amended the bill to allow parents to bring the oil into the state without facing penalties. The bill has already passed the House and now awaits a Senate floor vote.
South Carolina Senate Panel Approves CBD Medical Marijuana Bill. A subcommittee of the Senate Committee on Medical Affairs approved a bill allowing people suffering from epilepsy to use CBD cannabis oil Wednesday. Senate Bill 1035 still needs to pass the full committee. Similar legislation is moving in the House.
Tennessee Hemp Bill Wins House Committee Vote. A bill that would allow the cultivation of hemp for research purposes passed the House Agriculture and Natural Resources Committee Wednesday. House Bill 2445 now heads for the House Finance Ways and Means Committee.
Mississippi Food Stamp Drug Testing Bill Heads to Governor. A bill that would require applicants for Temporary Assistance for Needy Families (TANF) to undergo drug testing if there is a suspicion they are using drugs passed the Senate Wednesday and now goes to the desk of Gov. Phil Bryant (R), who has made it a keystone of his legislative agenda. House Bill 49 passed the Senate after debate in which supporters couched the program as an additional benefit that could help somebody struggling with addiction, while opponents said it was unfairly singling out the poor.
ASAM White Paper Calls for Vastly Expanded Drug Testing. The American Society for Addiction Medicine (ASAM) has published a white paper by former NIDA director and present day drug testing consultant Robert Dupont calling drug testing "underutilized" and arguing it should be expanded to be include people of all ages in virtually all aspects of daily life. The totalitarian vision is ably critiqued by NORML drug testing expert Paul Armentano (click the title link), as well as by progressive talk radio host Thom Hartman, who countered Dupont with an op-ed entitled "It's Time to End All Drug Testing." Both Armentano's and Hartman's critiques are worth the read.
Oxycontin Maker Offers Alternative to Zohydro. Purdue Pharma, the manufacturer of Oxycontin, says it has completed testing of an abuse-resistant version of the painkiller hydrocodone, a surprise development that could derail sales of the recently launched Zohydro, a similar medication that has been criticized for lacking such safeguards. Purdue Pharma says it plans to submit its extended-release hydrocodone drug to the Food and Drug Administration later this year. Shares of rival Zogenix Inc. plunged more than 20% after the announcement, which appears to jeopardize sales of the company's just-launched drug Zohydro. Zogenix began shipping Zohydro to pharmacies last week.
Attorney General Holder Endorses Proposal to Cut Federal Sentences. US Attorney General Eric Holder today endorsed a proposal from the US Sentencing Commission to reduce the sentences of people convicted of federal drug trafficking offenses by about a year, from an average of 62 to months to an average of 51 months. "This overreliance on incarceration is not just financially unsustainable," Holder said. "It comes with human and moral costs that are impossible to calculate."
Listen to the UN Commission on Narcotic Drugs Sessions. You can do it by clicking on the UNODC's webcast page at the link above. Also, Oregon activist Doug McVay has uploaded audio of the second part of today's plenary session here. There will be more updates on McVay's weekly Drug War Facts podcast.
UNODC Panel Says Criminalizing Drug Use "Not Beneficial". Today, a key working group of the United Nations Office on Drugs and Crime (UNODC) announced the release of groundbreaking recommendations discouraging criminal sanctions for drug use. The Scientific Consultation Working Group on Drug Policy, Health and Human Rights of the UNODC -- which includes Nora Volkow, head of the US National Institute on Drug Abuse (NIDA) -- is releasing the recommendations at the High-Level Segment of the 57th UN Commission on Narcotic Drugs. The working group recommendations say "criminal sanctions are not beneficial" in addressing the spectrum of drug use and misuse.
UNODC Sees "Serious Setbacks" in Fight Against Drugs. Addressing the opening session of the Commission on Narcotic Drugs (CND), UN Office on Drugs and Crime (UNOC) head Yury Fedotov said the global fight against drugs had suffered "serious setbacks," including record opium crops in Afghanistan, violence linked to drug trafficking in Central America, and weak West African states succumbing to the blandishments of traffickers. While he said legalization was no solution, he did add that: "A public health response to the drug use problem should consider alternatives to penalization and incarceration of people with use disorders."
Caricom Creates Commission to Study Marijuana Legalization. The leaders of the Caricom Caribbean trade bloc announced today that they are creating a commission to study the impact of legalizing marijuana. The move came at the end of a two-day summit where members discussed a preliminary report on decriminalization. The commission is charged with presenting its report in early July for a Caricom summit in Antigua.
Iran Executed More Than 300 People for Drugs Last Year, Report Says. A report from the nonprofit group International Campaign for Human Rights in Iran released Wednesday says Iran executed 331 people on drug-related charges last year. The drug executions accounted for almost half of all executions in the Islamic Republic, the report found. The UN Office on Drugs and Crime sponsors anti-drug programs in Iran, and is under increasing pressure from European donor countries to put in place measures to stop its support from contributing to the death penalty.
Dire Prospects for Afghanistan Drug War, Analysis Finds. A new analysis from Alex Pollard-Lipkis of Foreign Policy in Focus finds that "if costly drug war strategies in Afghanistan have been unsuccessful even with a strong US military presence, they won't stand a chance after the US withdraws." The analysis critiques contemporary US approaches and peeks into the post-US future. Click on the title link to read the whole thing.
Yep, you read that right. The global anti-drug bureaucracy doesn't think it's a good idea to criminalize drug use.
Marijuana and epilepsy are in the news, Sanjay Gupta strikes again, and state houses across the country are grappling with medical marijuana and CBD bills. Let's get to it:
Last week, GW Pharmaceuticals announced that the FDA had granted orphan drug designation to a cannabis-based drug developed to treat childhood-onset epilepsy, The drug, called Epidiolex, contains a highly purified, plant-derived form of cannabidiol (CBD), a non-psychoactive compound found in marijuana that doesn't produce the "high" sensation associated with THC, the plant's main psychoactive ingredient. CBD has long been used as a treatment for Dravet syndrome, a rare and severe form of epilepsy in children, and GW Pharmaceuticals sees Epidiolex as useful in treating both Dravet and Lennox-Gastaut syndrome (LGS), another rare form of childhood epilepsy.
On Tuesday, CNN's Dr. Sanjay Gupta aired a new special on medical marijuana. The special, Weed 2: Cannabis Madness: Dr. Sanjay Gupta Reports was preceded by an op-ed in which Gupta "doubled down" on his support for medical marijuana.
On Wednesday, the AHP released a scientific review on epilepsy. The American Herbal Pharmacopoeia released Cannabis in the Treatment of Epilepsy, which compiles much of the leading and historical research on epilepsy and cannabis (medical marijuana) for use by scientists, physicians, patients, and parents, as well as those producing and manufacturing it for treatment.
On Tuesday, a revised CBD Medical Marijuana bill passed the state Senate. The bill, Senate Bill 174 was revised by its sponsors so that the University of Alabama-Birmingham could conduct a research study. It now moves to the House.
On Monday, the LA city attorney said 100 dispensaries had been shuttered since the city started enforcing new rules restricting them. City Attorney Mike Feuer said that besides enforcing the rules, the city had also successfully fended off legal challenges. The city attorney said he couldn't say how many marijuana dispensaries are now open in Los Angeles, since there is no permitting process for the shops. Before the measure passed last spring, police estimated roughly 700 dispensaries were operating, though others pegged the number far higher.
On Tuesday, a bill to further restrict dispensary locations died in committee. The measure, Assembly Bill 1588, would have widened "dispensary free" zone around schools from 600 feet to 1,000 feet, but was been blocked in the Assembly Public Safety Committee, Assembly Minority Leader Connie Conway (R-Tulare) said Tuesday. Conway is the author of the bill in question.
Also on Tuesday, the DEA and LAPD raided and closed four dispensaries. They hit the Black Rose dispensary in Fairfax, Downtown Medical Caregivers off Main Street, Washington and Western Medical Group in Harvard Heights, Herbman in Exposition Park and two homes in Beverly Hills. The same person owns all the dispensaries, the DEA said.
Also on Tuesday, Los Angeles reported it had collected $1.6 million in taxes from dispensaries for 2013.
Also on Tuesday, the San Diego city council gave final approval to medical marijuana regulations. Under the ordinances, dispensary operators must get conditional-use permit from the city -- which will be good for five years -- and an annual public safety permit from the San Diego Police Department. Collectives may not be within 1,000 feet of public parks, churches, child care centers, playgrounds, residential care facilities, schools and other dispensaries, and not be within 100 feet of residential zones. Dispensaries also are barred from having on-site medical professionals -- a law intended to prevent such businesses from becoming "one-stop shops." This should mark an end to a three-year battle that began after the council passed more restrictive regulations in 2011.
On Wednesday, San Bernardino SWAT teams raided two dispensaries. Little more is known at this point.
Last Friday, state regulators recommended added PTSD as a qualifying condition. The Michigan Medical Marihuana Review Panel appointed by the Department of Licensing and Regulatory Affairs has decided to recommend that the department add PTSD to the list of qualifying conditions for medical marijuana. It is now up to Steve Arwood, Director of the Department of Licensing and Regulatory Affairs, to accept or reject the recommendation.
On Tuesday, a pair of medical marijuana bills got a hearing. Two bills that would legalize the manufacture and sale of medical marijuana-infused products such as brownies and oils and permit communities to allow and regulate marijuana dispensaries in their towns got a hearing in the Senate Government Operations Committee hearing Tuesday, but no vote. Committee chair and Senate Majority Leader Randy Richardville (R-Monroe) is not expected to schedule another hearing for at least a couple of weeks. The bills are House Bill 5104 and House Bill 4271.
Also on Tuesday, the Howell city council approved a dispensary moratorium. Council members said they were waiting for clarity from the state legislature.
On Friday, the House passed a medical marijuana home cultivation bill. The measure, House Bill 1622, would allow patients and/or caregivers to grow up to two plants until dispensaries open near their residences. The bill now goes to the state Senate.
Last Friday, the health department said it would not consider expanding its qualifying disease list until 2015. The state's medical marijuana law, signed four years ago, required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. But it is too soon to add more illnesses and place greater demands on the program, Health Department Commissioner Mary O'Dowd's spokeswoman Donna Leusner said.
On Monday, Assembly Democrats rolled a medical marijuana bill into this week's budget proposal. The move is designed to get some traction for medical marijuana, which has been stymied for years in the state Senate.
Last Thursday, the Medford city council voted for a moratorium on dispensaries. But it will take another vote, on a second reading of the bill, to enact it formally. The city argues that despite state action, marijuana is still illegal under federal law. Last fall, it revoked the business license of Mary Jane's Attic and Mary Jane's Basement, located in a shopping center.
Last Friday, the Senate gave final approval to the statewide dispensary regulation bill. The final version of the bill gives local governments the ability to ban dispensaries, but only for one year. The bill now goes to Gov. John Kitzhaber (D), who has not said whether he will sign it.
On Tuesday, state officials said 281 dispensaries began the process of registering with the state. A new law, passed in 2013, directed the Oregon Health Authority to create a registry of medical marijuana facilities. Those facilities must follow security and testing rules and they have to carefully track the marijuana coming in and out of their stores. The state, meanwhile, has two regulators who will inspect the establishments annually.
Last Thursday, a CBD medical marijuana bill won a House committee vote. The bill calls for clinical trials of a CBD-based drug and would also allow doctors to prescribe CBD oil pharmaceuticals, although it's unclear whether all doctors would be able to do so.
On Tuesday, the state Senate passed a CBD medical marijuana bill. The bill would allow compassionate use of non-intoxicating cannabis oil by Utahns with untreatable epilepsy. It passed the Senate by a wide margin, despite reservations some senators have about the oil's safety and long term benefits. House Bill 105 now goes back to the House, which had already passed it, but now must sign off on changes in the Senate version.
On Wednesday, the state Senate passed a medical marijuana expansion bill. The bill lifts the 1,000-patient cap on the state's dispensaries and authorizes two more dispensaries. Senate Bill 247 now heads to the House.
On Saturday, the state Senate approved a bill regulating dispensaries as part of an effort to roll the medical marijuana system into the state's new legal marijuana system. The current unregulated dispensaries would have to close or obtain a state license by September 2015. The bill also allows patients to grow their own, but reduced the amount they can grow and possess. Senate Bill 5887 now goes to the House. The legislative session ends this week.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]