The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:
[image:1 align:right]Marijuana Policy
Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.
Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.
Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.
New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.
Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.
California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.
DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."
Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.
Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.
New Synthetic Drugs
Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.
Chronicle AM: TX Marijuana, TN Asset Forfeiture Reformer, LA DA MedMJ Delivery App Lawsuit, More (12/314)
Houston's police chief criticizes marijuana prohibition, marijuana reform will be before the Texas legislature, LA's DA sues to block a medical marijuana delivery app, a Massachusetts activist pushes boundaries, a Tennessee DA vows to end civil asset forfeiture, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Marijuana Reform Bills Coming in Next Texas Legislature. There will be at least two bills seeking to reform the Lone Star State's marijuana laws when the legislative session begins next month. Rep. Harold Dutton (D-Houston) has pre-filed HB 00414I, which would move simple possession from a more serious to a less serious misdemeanor, but would leave intact the possibility of arrest, as well as impose a stiff $500 fine. The Marijuana Policy Project says the bill doesn't go far enough and that it is working with Rep. Joe Moody (D-El Paso) to introduce a full-blown decriminalization bill, with no arrest and a maximum $100 fine.
Houston Police Chief Says Marijuana Prohibition Failed Policy, Feds Need to Step Up. In an in-depth interview with Dean Becker of the Drug Truth Network, Houston Police Chief Charles McClelland described marijuana prohibition as a failed policy and said the federal government needed to address it. "Most police chiefs understand that when it comes to marijuana use, we cannot (continue) to criminalize such a large population of society that engage in casual marijuana use," McLellan said. "We can't, you just can't continue to do that, we understand that." Click on the links to hear the full interview.
Head of Epilepsy Foundation Wants CBD Cannabis Oil Available Nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.
Massachusetts Activists Pushes Boundaries With Allston CBD Shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."
LA City Attorney Sues to Block Medical Marijuana Delivery App.The LA city attorney's office Tuesday filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the only one that's been targeted.
Tennessee DA to End Civil Asset Forfeiture. Ray Crouch, DA for the 23rd Judicial District, has announced that his office will no longer pursue civil asset forfeiture cases. The state's civil asset forfeiture has come under repeated criticism for abuses, and Crouch is responding. "I will sit here and guarantee you do not have to be afraid of our office, of the Drug Task Force seizing your property if you're not committing a criminal act," Crouch said. "We're not going to be using civil forfeiture to take anybody's money. If we do, it will be in criminal court because you will be charged with a crime." Click for more detail on the policy changes under Crouch.
Federal Comprehensive Addiction and Recovery Act Gets New Sponsor. The measure, S 2839, is a wide-ranging effort to deal with rising levels of opiate addiction and addresses prevention, naloxone access and training, alternatives to incarceration, "criminal justice medication-assisted treatment and interventions," and more. It has seven cosponsors -- five Democrats and two Republicans. The latest is Sen. Chuck Schumer (D-NY). The bill is before the Senate Judiciary Committee.
Federal Second Chance Reauthorization Act Gets New Sponsor. The measure, HR 3465 (companion legislation is S 1690) would extend and expand grants for drug treatment, "offender reentry substance abuse and criminal justice collaboration," and other grants under the 1968 omnibus crime control act. It has 46 cosponsors -- 37 Democrats and nine Republicans. The latest is Rep. Randy Forbes (R-VA). It is currently before the Crime, Terrorism, Homeland Security and Investigations Subcommittee of the House Judiciary Committee.
The Kettle Falls Five case gets postponed, ASA starts a petition to protect California patients who need organ transplants, Minnesota begins implementing its new medical marijuana law, and more. Let's get to it:
On Tuesday, the head of the Epilepsy Foundation said he wants CBC cannabis oil available nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.
On Monday, ASA announced a petition drive seeking support for a California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Accessis leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.
On Tuesday, Los Angeles announced it had shut down more than 400 dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.
Also on Tuesday, the LA city attorney sued to block a medical marijuana delivery app. The LA city attorney's office filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the first to be targeted by authorities.
Last Thursday, an Arizona professor fired for medical marijuana research got new funding to continue her work. Researcher Dr. Sue Sisley, who was fired from her job at the University of Arizona over her medical marijuana research, has been awarded a $2 million grant from the state of Colorado to continue her research into the effects of medical marijuana on veterans with PTSD.
On Tuesday, a Massachusetts activist went public with his boundary-pushing Allston CBD shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."
On Monday, the state named two medical marijuana growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.
Late last month, the state decided to appeal a lower court ruling that cities can ban dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.
On Monday, trial in the Kettle Falls Five federal medical marijuana case was postoned.A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Chronicle AM: Overdose Deaths, Naloxone Price Hikes, How Weed Can Win in 2016, New Synthetics, More (12/2/14)
A new report suggests how to win pot legalization initiatives in 2016, a closely watched medical marijuana trial is delayed, there's naloxone and overdose death news, Mexican pot farmers are getting squeezed from competition north of the border, and more. Let's get to it:
[image:1 align:right]Marijuana Policy
Moms Key Demographic for Winning Initiatives, Research Report Argues. Women between 30 and 55 are the key demographic group for winning marijuana legalization initiatives, according to a new report from the Global Drug Policy Observatory. The report, "Selling Cannabis Regulation: Learning From Ballot Initiatives in the United States in 2012," analyzed the 2012 initiative efforts in Colorado, Oregon, and Washington, as well as looking at the 2010 Prop 19 effort in California. The campaigns in Colorado and Washington successfully targeted that key demographic, the analysis found. The report also found that key messages to voters were that legalization would free up scarce law enforcement resources and that it would create new tax revenues. There's plenty more to read in the report; click on the link for the whole thing.
Marijuana DUI Breathalyzer Test Coming? Researchers at Washington State University are working to develop a marijuana breathalyzer that could detect THC on a driver's breath. The researchers said the device would probably not provide an exact reading of the amount of THC, but could help officers determine if there is probable cause for a DUI arrest. But a follow-up THC blood test would still be necessary for use as evidence in court. Researchers said they hope to start testing this device in the first half of next year.
Arizona Legislative Analysts Say Legal Pot Could Generate $48 Million a Year in Tax Revenues. The Joint Legislative Budget Committee has produced a report estimating tax revenues from legalization at $48 million a year. The report was produced in September, but details were not released until the Phoenix alternative weekly New Times obtained a copy Monday. The report was in response to a Democratic bill to legalize marijuana. That bill was killed in April, but could be back next year. And there is a legalization initiative effort underway for 2016, backed by the Marijuana Policy Project.
Trial Postponed, New Judge Assigned in Widely Watched Federal Medical Marijuana Case of Kettle Falls Five. A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.
Los Angeles Has Shut Down More Than 400 Dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.
North Carolina Harm Reduction Coalition's Members Save Over 200 North Carolinians From Drug Overdoses With Naloxone. The Coalition announced today that it had received a report of its 208th overdose reversal using the opioid antagonist naloxone (brand name Narcan). The Coalition has distributed over 5,100 overdose prevention kits containing naloxone since August 2013. That was made possible by the passage of a 911 Good Samaritan/naloxone access law in April 2013. For more information on overdose prevention training or how to receive a naloxone kit, go here.
Naloxone Price Going Up Dramatically. Just as police departments across the country make plans to stock up on the opioid overdose reversal drug naloxone, manufacturers are jacking up prices. In Georgia, police report the price of a kit jumped from $22 to $40, while New York City is reporting a 50% price increase. Manufacturers have not explained the increases, but some activists have suggested that with the surge in orders from government entities, the makers have seen a chance to grab windfall profits."We've had a pretty steady price for several years now,"said Matt Curtis, the policy director of VOCAL-New York, an advocacy group. "Then these big government programs come in and now all of a sudden we're seeing a big price spike. The timing is pretty noticeable."
CDC Reports Drug Overdose Deaths More Than Doubled Between 1999 and 2012. In 2012, more than 41,000 people died of drug overdoses in the US, more than doubling the figure of 17,000 in 1999. Of the 41,000 drug overdoses in 2012, 16,000 were from opioid pain relievers (although that number actually decreased 5% from 2011), while nearly 6,000 were from heroin. Thus, legal and illegal opioids accounted for more than half of all overdose deaths in 2012. The overall overdose death rate also doubled, from 6.1 deaths per 100,000 in 1999 to 13.1 in 2012. The highest rates of overdose deaths were in West Virginia (32 per 100,000), Kentucky (25 deaths per 100,00 people), New Mexico (24.7 per 100,00 people), Utah (23.1 per 100,00 people) and Nevada (21 per 100,00 people). The report is "Trends in Drug Poisoning Deaths, 1999-2012."
Sen. Chuck Schumer Wants $100 Million to Fight Heroin. Sen. Schumer (D-NY) is seeking an emergency appropriation for a "heroin surge" to combat increased heroin addiction and overdoses. He wants $100 million appropriated to the High Intensity Drug Trafficking Area (HIDTA) program. The move would increase HIDTA funding to $338 million nationwide, if the funding is approved in the federal budget.
Kansas Welfare Drug Testing Law Not Catching Many. That's at least in part because the state is not actually testing many welfare applicants. After four months in effect, the state has tested only 20 applicants, of whom four tested positive. The testing is only required for people who are visibly using drugs, been recently arrested on a drug charge, or were found during a questionnaire screening to be likely to be using drugs. The state has paid $500,000 for the program so far, but has not achieved the $1.5 million in savings from people being disqualified for benefits earlier estimated because it has tested and disqualified so few people.
New Synthetic Drugs
New Synthetics and the Changing Global Drug Marketplace. Stanford University drug policy analyst Keith Humphreys has penned an informative piece on the increasing shift from natural, plant-based drugs to synthetic ones as well as the shift to on-line drug selling and buying. This phenomenon could "upend traditional understanding of drug markets and drug policy," he writes. There's much more; check it out at the link.
US Marijuana Production Hurting Mexican Pot Farmers. National Public Radio's John Burnett reports from the Mexican state of Sinaloa that Mexican marijuana producers are being squeezed by made-in-America weed. "Two or three years ago, a kilogram [2.2 pounds] of marijuana was worth $60 to $90,"one grower there told him. "But now they're paying us $30 to $40 a kilo. It's a big difference. If the U.S. continues to legalize pot, they'll run us into the ground." That grower said if matters continued as they were, he would plant opium poppies instead. The report also quotes a DEA official as saying Mexican cartels are now importing high-quality American weed to Mexico for high-end customers.
Chronicle AM: CA MedMJ Organ Transplant Petition, PA Harm Reduction Law, TX Fake Pot Bill, More (12/1/14)
Oregon's dispensary law continues to be thrashed out in the courts, a Pennsylvania 911 Good Samaritan and naloxone access law has gone into effect, Minnesota gets medical marijuana growers, there's a Texas bill targeting synthetic cannabinoids, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
APA Call for Papers on Marijuana Legalization. The American Psychological Association's (APA) journal, Psychology of Addictive Behaviors, is seeking empirical (research, both original and meta-analyses) and theoretical (review) papers examining trends in marijuana use and use disorders and clinically-related research on the drug's addictive potential and health effects. The APA notes that policy is shifting "toward medicalization and legalization of marijuana" and says that "research on the potential effects of this drug is critical as the public health significance of marijuana is debated in this country." Click on the link for submission requirements and deadlines.
Alaska Marijuana Business Group Angling for Industry-Friendly Rules. A small number of people interested in getting into the marijuana business in Alaska have formed the Coalition for Responsible Cannabis Legislation to advocate for regulations and rules that will "let the market decided who makes it or who fails," said the Coalition's Bruce Shulte. The group says it will work with legislators and the Alcoholic Beverage Review board to guide rulemaking. The state has until late next year to come up with regulations and to decide whether to use the review board to regulate marijuana or create a new entity.
Oregon to Appeal Court Ruling that Cities Can Ban Dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.
Minnesota Names Two Medical Marijuana Growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.
ASA Petition for California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Access is leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant Act. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.
Pennsylvania Harm Reduction Law Goes Into Effect. A state law that puts the opiate overdose reversal drug into the hands of first responders went into effect today. The law also contains a 911 Good Samaritan provision, providing some legal protections for people who witness and report overdoses. The law is Act 139. The state has recorded more than 3,000 opiate overdose deaths since 2009.
Texas Bills to Ban Synthetic Marijuana Proposed. State Sen. Joan Huffman (R-Houston) has pre-filed two bills aimed at criminalizing synthetic cannabinoids in the Lone Star State. The two bills, Senate Bill 172 and Senate Bill 173 designate certain synthetic cannabinoids as controlled substances under the state Controlled Substances Act. Huffman is chairwoman of the Senate Republican Caucus and vice-chair of the Senate Criminal Justice Committee. She won Texas Monthly's award for "worst legislator of 2013," in part because of her intransigently conservative stands on criminal justice issues.
Uruguay Ruling Party Keeps Presidency, Marijuana Law Should Be Safe. Pepe Mujica's legacy as the man who legalized marijuana in Uruguay should be safe after his Broad Front's candidate, Tabare Vazques, won Sunday's election to succeed him. Center-right opposition candidate Luis Lacalle Pou had threatened to repeal much of the law if he was elected. Vazquez, however, is not as enthusiastic about the law as Mujica was, and has said he might modify it. Roll out of the pharmacy sales portion of the law was supposed to happen at year's end, but was just pushed back until at least March.
Australia Goes Wild With Drug Dog Searches, Doesn't Find Much. Police in New South Wales are subjecting thousands of people to "intrusive and humiliating" police searches after being falsely identified by drug-sniffing dogs as carrying drugs, according to statistics revealed after a request from the New South Wales Green Party. Nearly 17,800 people were searched after being alerted on by drug dogs, but in nearly two-thirds (64%) of those cases, no drugs were found, and only 2.4% of searches led to successful prosecutions. The Greens complained that the use of drug dogs outside festivals was potentially dangerous, causing some users to either take all their drugs before traveling to events and others to consume them in a panicked fashion when it becomes evident a drug dog sniff looms.
New Zealand Meth Use Up After "Legal Highs" Banned. Addiction specialists are reporting that former meth users have gone back to the drug after the country reversed course and criminalized new synthetic drugs. The country had sought to regulate the new synthetics, but reversed course in May after loud public discontent with open drug use and strange behavior. "People who have used methamphetamine in the past are now going back to using it after the legal highs came off the market," explained one addiction counselor.
Chronicle AM: Green Friday, CA Drug Prisoners Walk Free, Mexico Crime Plan, N Korea Meth, More (11/28/14)
California's Prop 47 sentencing reform is kicking in with a vengeance, it's Green Friday in legal pot states, and there's a whole raft of international news. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
In Legal Marijuana States, Black Friday is Green Friday. Legal marijuana retailers in Colorado and Washington are getting in the holiday spirit by offering "Green Friday" specials to customers. Kindman Premium Cannabis in Denver is offering $50 ounces to the first 16 Colorado residents today and tomorrow, while the Green Room in Boulder has their $50 eighths on sale for $40. Some Washington state retailers are offering similar deals.
With Threat of Initiative Looming, Some Key Massachusetts Lawmakers Start Talking Legalization. Some Bay State lawmakers are saying it's time to pass a bill to tax and regulate marijuana, or else the voters are going to do it themselves. "It's almost certain to be on the ballot in 2016, I think people are going to vote for it, and I think we have the responsibility to do it right," said state Sen. Will Brownsberger, chairman of the legislature's judiciary committee. "I don't think it's wisest to leave it to whoever is writing the ballot question." Not everyone agrees, including Committee on Public Health Chair Rep. Jeffrey Sanchez and Republican Governor-elect Charlie Baker. But if the legislature doesn't act, an initiative looks very likely in 2016.
Arizona University Professor Fired for Medical Marijuana Research Gets Colorado Grant to Study Pot and PTSD. Researcher Dr. Sue Sisley, who was fired from her job at the University of Arizona over her medical marijuana research, has been awarded a $2 million grant from the state of Colorado to continue her research into the effects of medical marijuana on veterans with PTSD.
California Drug Offenders Being Freed Under Prop 47. Hundreds of jail and prison inmates have already been released in the three weeks since California voters approved Proposition 47, which retroactively reduced drug possession (and some other minor offenses) from a felony to a misdemeanor. Scores more people are flooding courts with applications to have their records cleansed of felonies. Nearly 5,000 people in state prison and tens of thousands more in county jails and on probation are probably eligible for resentencing. Those who completed their sentences years ago also can have their felonies erased. Also, thousands of probationers will be released from regular monitoring. Foes expect the worst, but time will tell.
Mexican President Announces National Anti-Crime Plan. Under intense political pressure after the apparent kidnapping and murder of 43 radical teachers' college students in Guerrero in September in a collaboration between corrupt politicians, corrupt police, and drug gangsters, President Enrique Pena Nieto Thursday announced a plan designed to cool public outrage and reform the nation's notoriously corrupt police forces. Pena Nieto is proposing giving Congress the power to dissolve corrupt municipal police and also placing local police under the control of the nation's 31 state governments. The same day Pena Nieto made the announcement, police in Guerrero announced the discovery of 11 burned and decapitated bodies (not the missing students). Similar anti-crime plans aimed at corrupt local police were announced in 2004 and 2008, but didn't succeed in rooting out the problem.
Colombia President Announces Crop Substitution Pilot Program, Says Will End Need for Aerial Fumigation of Coca Crops. President Juan Manuel Santos announced Tuesday a pilot program for crop substitution in southern Putumayo state and said there will be "no more need" for aerial fumigation of crops once it is implemented. The pilot program is set to start in April. Crop substitution is a key part of the interim agreement on drugs between Colombia and the leftist guerrillas of the FARC. The two forces have been in extended peace negotiations for the past two years.
Uruguay Delays Marijuana Pharmacy Sales. Although the Uruguayan government had initially planned to start allowing the sale of marijuana in pharmacies by year's end, it has now pushed that goal back to March, and perhaps further. National Drugs Board General Secretary Julio Calzada told reporters Wednesday that the delay loomed. The Reuters report linked to here mentioned "a variety of hurdles," but didn't specify what they are. Under Uruguay's legalization, people can grow up to six plants at home, organize into collectives to grow jointly, or register with the government and buy their pot at the drug store -- once the government crosses those hurdles.
Malay Man Gets Death Sentence for 20 Pounds of Weed. The Malaysian High Court in Alor Setar has sentenced a 37-year-old Penang man to death for trafficking 9.4 kilos of marijuana. Akbar Ali Abdul Rahman was convicted under the Dangerous Drugs Act 1952, which imposes a mandatory death sentence for some drug offenses.
North Korea as China's Meth Supplier. The Guardian has in-depth reportage on North Korea's methamphetamine industry, which it says is flooding northwest China with the drug. The report says the Hermit Kingdom's meth industry has shifted from centralized and government-controlled production to decentralized, privatized production. North Korea denies it's doing any such thing. A very informative read.
Australia Report Finds Drug Enforcement Doesn't Affect Drugs on the Street. The New South Wales Bureau of Crime Statistics and Research has released "the most comprehensive assessment of drug law enforcement ever undertaken in Australia," and found no evidence that increased drug law enforcement -- as measured through seizures and arrests of drug dealers -- affected the amount of drugs on the street or reduced hospital admissions related to hard drugs. The report is "Supply Side Reduction Policy and Drug-Related Harm."
Medical Marijuana Bill Filed in Australia's Tasmania. A bill to allow for medical marijuana and set up a controlled farming regime was filed Thursday in the Tasmania state parliament. Local media says the bill has "broad support," and was cosponsored by a Liberal, a Liberal Democrat, and a Green. The bill is not yet available on the Tasmania parliament web site.
State-level marijuana law reform won big in this month's elections, with legalization initiatives triumphing convincingly in Alaska, Oregon, and Washington, DC. The Florida medical marijuana initiative lost, but only because it had a higher bar of 60% of the popular vote. It ended up with 57%, a clear sign of solid majority support. And don't forget Guam -- the US territory approved medical marijuana with 56% of the vote.
[image:1 align:left caption:true]Local marijuana reform initiatives also fared well. In Maine, Massachusetts, and Michigan, activists built on earlier successes to win more victories this year, while in New Mexico, voters in Albuquerque and Santa Fe voted in favor of decriminalizing pot possession.
All in all, a good year for marijuana law reform, the second good election year in a row. Since 2012, voters in four states and DC have been asked to legalize marijuana. They've now said yes in all of them.
And now, eyes to turn to 2016 and beyond. There are excellent prospects for more victories in the West, as well as in the Northeast. And there could be some surprises lurking out there in the middle of the country.
California, of course, is the big prize, and efforts are already well underway to ensure that legalization is on the ballot in 2016 -- and that it actually wins this time. Arizona and Nevada are also on the radar, and the Nevada initiative campaign has already turned in twice the number of signatures needed to make the 2016 ballot.
In the Northeast, both Maine and Massachusetts are initiative states, and legalization appears headed for the ballot in both. In Rhode Island and Vermont, the push will come in the state legislatures.
"Things are clearly headed in the right direction," said Marijuana Policy Project (MPP) communications director Mason Tvert, scanning the post-election terrain. "Even in a midterm where we saw large Republican gains, we also saw large gains for marijuana policy reform. A lot of people would say the turnout was smaller and more conservative, yet we still saw strong majorities approving measures making marijuana legal in various states and cities."
MPP will be backing 2016 initiatives in five states, Tvert said, although the Nevada legislature could ease its burden by just approving an initiative rather than punting to the voters.
"In Nevada, the petition drive has just wrapped up. At this point, our goal there is to pass the ballot initiative; if the legislature chooses to take an objective look and give it some real consideration, that would be excellent, too," he said.
"We also have committees filed to support initiatives in Arizona, California, Maine, and Massachusetts," Tvert said. "In California, we want to begin to raise money to support that effort, but it's pretty early in the process. We expect to see very solid support for such a measure in California, especially running in a presidential election year when support for legalizing marijuana has been growing nationwide. Prop 19 got 47% in 2010; that will be six years ago come 2016."
"We have a pretty comprehensive statewide coalition working on this," said Dale Gieringer, executive director of California NORML, which is a key part of that grouping, the California Coalition for Cannabis Policy Reform. "The coalition includes us, the Prop 19 people, Law Enforcement Against Prohibition, MPP, the Emerald Growers Association, and the Drug Policy Alliance (DPA) has been a partner in this, too."
A little less than two years out, it's a work in progress, said Gieringer.
"Pretty much all the leading groups interested in drug reform are interested in collaborating, but exactly how that will work hasn't been settled yet," he said.
Now that four states and the District of Columbia have legalized marijuana, Gieringer sees some political space for pushing the envelope.
"Home cultivation will be in it," he said. "They have that in Oregon and Colorado, and we're going to have it in California. I also want to provide for on-site consumption; we're working to get that instituted here in Oakland. In Colorado, they banned public use, which is one thing if you mean smoking pot on the street, but governments tend to have an expansive view of what constitutes public use, like a public accommodation under the Civil Rights Act. I think we can provide for licensed on-site consumption, at least by local option."
And no reason to make what he called "unnecessary concessions."
"We have a DUID law, and we don't need to change that," he said. "They didn't do that in Colorado and Oregon, and we don't need to do it. We learned a lesson in Washington -- that lack of an express DUID provision didn't make a difference -- and we're not going to repeat that."
Although more than any other group in the coalition, CANORML represents the interests of marijuana consumers, Gieringer said it's not pot smokers or growers who are going to make an initiative victorious.
[image:2 align:right caption:true]"Marijuana users are 12% to 15% of the population here; we really have to depend on more than that," he said. "The users and growers will not determine this campaign. And I'm sure there will be people discontented with however the initiative turns out; there always are. But there aren't that many growers in the state, anyhow. Some growers didn't like Prop 19, but it failed for other reasons. It didn't win in Los Angeles County, and that's not because of the growers."
In some states, such as Massachusetts, activists have been piling up marijuana reform victories for years. MassCANN/NORML and the Drug Policy Forum of Massachusetts have an unbroken record of winning non-binding public policy questions on marijuana reform issues going back seven election cycles. Voters in the Bay State have also signaled their approval of marijuana law reform by passing statewide medical marijuana (2008) and decriminalization initiatives (2012).
Now, Bay State Repeal has formed to free the weed in 2016, and it has a pot populist tinge to it. The group wants home cultivation, not just to keep prices down, but "to keep the cops from busting through the door just because there is marijuana growing there" and it wants taxation and regulation, but only "moderate," not "cash-cow taxation or giant licensing fees."
In Maine, where MPP has been active, putting successful municipal legalization initiatives on the ballot in Portland and South Portland (but losing one in Lewiston), there could be not one but two legalization initiatives unless differing actors come together. In addition to the MPP effort, a new group, Legalize Maine, is also moving forward with plans for an initiative.
As with Bay State Repeal, there is a pot populist tinge. Legalize Maine couches its argument not only in terms of justice and common sense, but also talks about jobs and economic development. And it wants marijuana regulated in a way that "focuses on people instead of large economic interests that seeks to dominate the marijuana industry."
Legalization could also pop up in some unexpected places, too. While the major movement organizations already have selected targets for 2016 and have plans well afoot, things could break faster than the big players anticipate, and local activists in some states -- Arkansas and Missouri, for example -- may manage to get initiatives on the ballot without significant outside support.
In Missouri, Show Me Cannabis has been undertaking a vigorous and energetic campaign to put an initiative on the ballot in 2016. It submitted its initiative to state officials earlier this month; the first step in getting the measure before the voters. Similar efforts by different groups are also underway next door in Arkansas.
Those Ozark-area efforts don't have the backing of big national organization behind them, but that could change.
[image:3 align:right caption:true]"If these initiatives are well-drafted and the polling is strong, we'll help as best we can, but we're not making any financial commitments," said DPA executive director Ethan Nadelmann. "We have a major commitment in California, and we're helping MPP draft initiatives in other states. In Missouri, let's make sure there's a solid draft initiative, and if the polling is there, well, a victory in Missouri would be very compelling."
Seeing marijuana legalization creep along the West Coast, make inroads on the East Coast, and maybe even in the Ozarks would make for a very impressive 2016, but some Midwestern activists are looking further down the road.
Led by indefatigable Tim Beck, Michigan activists have managed to pass municipal personal legalization initiatives in all the state's largest cities in the past few years. This year, they went eight for 13 with similar initiatives in smaller Michigan communities.
Michigan voters also approved marijuana in a statewide initiative in 2008, but, for Beck, getting the state's dispensary situation settled -- not legalization -- is the first order of business.
"Although the state legislature is totally controlled by the GOP, we've been working with them, and they've kind of seen the light on a regulated system with a lot of local control, which is big with Republicans," he said. "We have one of the best medical marijuana laws in the country, and it's going to get better with a regulated dispensary system, as well as ingestibles. We won 95-14 in the House, and it's going through the Senate now," he said.
"We have over 1.5 million people now living in cities that have decriminalized," Beck said. "And we liberated 140,000 this year -- on the cheap. This has an impact. When we have dispensaries and when we have decriminalization, local officials won't be able to say 'Oh, we don't want marijuana here,' because the voters do."
Legalization may not be the first order of business, but it is the ultimate goal, Beck said.
"My philosophy has never been that the solution is medical, but straight-out, unadorned legalization, but we're -having to do it on our own," he explained. "Michigan is fly-over country for the big players. It's a large state with a population of more than 10 million, so it's expensive to win a campaign, and it's a bit more conservative than the East or West coasts."
That means Michigan needs to be patient.
"Our realistic priority for the next couple of years is to work with the legislature," Beck said. "We have a new class of entrepreneurs who have come out of the closet, and we've been able to fund our own lobbyist to the tune of about $150,000. Once we get dispensaries, then we'll turn to decriminalization at the statehouse. We had a decriminalization bill this year, but it was introduced by a Democrat and went nowhere."
Beck is also waiting for the opinion polls to move further in the right direction.
"There's a weird dichotomy in our polling," the veteran activist explained. "We get well over 60% saying yes to reallocating police resources away from small-time marijuana users, but when it comes to legalization, that number drops dramatically. We might be at 50%; we'll do another poll at year's end, but I don't think much will change. It's hard to demand that anyone open their checkbook when you're only running 50%. We have to just keep going on an incremental basis. Maybe by 2018 or 2020, we'll be ready."
While Beck counsels patience, Nadelmann is counseling prudence. And while he is of course happy that all the legalization initiatives passed, he doesn't want people to think it's going to be a walk in the park from here on in.
"The downside is a sense of overconfidence, a feeling that marijuana will legalize itself," he said. "That could make it more difficult to fundraise if there's a sense that you can put anything on the ballot and not anticipate serious opposition. There could be a sense in the industry that you can be free riders while the activists raise the money."
There are other potential pitfalls. Entrepreneurs trying to push the envelope could push too far, Nadelmann said.
"Don't forget the Montana disaster," he warned, referring the wide open medical marijuana expansion there that created a backlash that drove the industry back into the ground. "Don't be short-sighted and greedy, and contribute and support the organizations working on this."
And don't forget federal pot prohibition.
It's one thing for a handful of states -- or even more -- to legalize marijuana, but as long as federal marijuana prohibition remains on the books, even the legal marijuana states could theoretically face a concerted federal effort to roll back the clock. Using federal marijuana prohibition as a hammer, a hostile Congress and president could wreak havoc with state-level regulation and taxation. (Ironically, a move to do that could result in marijuana being legal to smoke and possess in those states, but not to sell or be taxed or regulated.)
But if repealing federal pot prohibition is the Holy Grail, reformers still have a ways to go.
"A lot more states are going to have to approve this before it gets to the point where repeal can pass," said Nadelmann. "When you look at medical marijuana and how slowly that moves on Capitol Hill, you see that it wasn't until this year that we actually got something passed, and that was just to stop federal interference in medical marijuana states. I'm more optimistic about winning votes like that next year, to get the federal government out of the way."
Congress has not been especially responsive to growing support for marijuana legalization, and there's no reason to expect that to change anytime soon, Nadelmann said.
"It's hard to imagine Congress playing any sort of leadership role on this stuff," he explained.
Maybe when we have 24 legal marijuana states, not just four of them. That means there's still plenty of work to be done at the state house and the ballot box.
Help for veterans could be on the way, plans for 2016 initiatives are getting underway, Arizona doctors win a court case, existing programs in the Northeast expand, and more. Let's get to it:
Last Thursday, a bipartisan group of legislators filed a bill to allow Veterans Affairs doctors to recommend medical marijuana. A dozen House members led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA) introduced the Veterans Equal Access Act Thursday. The bill would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. Click on the link to see all the sponsors and more details of the bill. The bill is not yet available on the congressional web site.
Last Thursday,the Arizona appeals court ruled doctors can't be charged for making medical marijuana referrals. The Court of Appeals ruled that doctors who recommend medical marijuana to patients are not subject to criminal charges even if they failed to do a review of a year's worth of patient records. Police sent an informant to the office of Dr. Robert Gear in 2012, and Gear signed a medical marijuana certification based on a physical exam, but before receiving the patient's records. Prosecutors in Navajo County charged him with forgery and fraud, but the appeals court ruled that the state medical marijuana law gives him immunity. "In enacting the (law), the voters explicitly barred prosecution of a physician for providing 'written certifications' or 'for otherwise stating' that certain patients may benefit from `the medical use of marijuana,'" presiding Judge Patricia K. Norris wrote in the opinion. The case is State v. Gear.
On Wednesday, a state doctors' panel heard requests to add more qualifying conditions. The state Medical Marijuana Program's Board of Physicians heard from patients and advocates pleading with them to expand the state's medical marijuana law to include more medical conditions. The board has received petitions seeking to add severe psoriasis and psoriatic arthritis; sickle cell disease; Tourette's disorder; and post-laminectomy syndrome with chronic radiculopathy -- chronic pain after back surgery -- to the list of qualifying maladies. The program is accepting written submissions, petitions, and testimony from the public until December 12 and will deliberate on the issue in January. If it approves adding new conditions, that's just the first step. Click on the link for all the bureaucratic details.
On Monday, Florida advocates announced plans for a 2016 initiative. United for Care, the group behind this year's medical marijuana initiative that came up just short, has announced it will try again in 2016. "We are swiftly mobilizing a new petition push to get medical marijuana" on the 2016 ballot, United for Care director Ben Pollara told supporters this week in a fundraising announcement. This year's Measure 2 won 57% of the vote, but it needed 60% because it was a constitutional amendment. It looks like the group is going to go the constitutional amendment route again, despite the higher bar it creates.
Last Thursday, the state Pharmacy Board punted on reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.
Last Wednesday, state officials announced Nevada will honor out-of-state medical marijuana cards. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.
Last Friday, the state approved its fourth dispensary. The state Health Department has issued a permit for a fourth dispensary to start growing medical marijuana ahead of a scheduling opening next spring. The Breakwater Alternative Treatment Center won approval last Friday.
Last Saturday, activists met to plot next moves on medical marijuana. Activists met over the weekend in Sioux Falls to plot how to move forward in a state that has twice rejected medical marijuana at the ballot box. A 2006 initiative lost by just four points, but a 2010 initiative lost by a whopping 32 points in the year of the Tea Party. Now, supporters will try to get a bill moving in the state legislature, but if that fails, they are pondering a 2016 ballot initiative.
On Monday, a key state senator outlined her medical and recreational marijuana regulation bill. State Sen. Jeanne Kohl-Welles (D-Seattle) said she plans to file a bill that would regulate both recreational and medical marijuana in a single system, slash marijuana taxes, and allow home cultivation of up to six plants for any adult-- not just medical marijuana patients or caregivers. The bill would phase out collective gardens and generally fold the medical marijuana system into the state's regulated marijuana system. Kohl-Welles hasn't filed the bill yet and said she is consulting with stakeholders and legislators, but she said she would pre-file it next month.
Also on Monday, Seattle's mayor released his medical marijuana regulation plan. Mayor Ed Murray's office unveiled its plan for regulating medical marijuana collective gardens and dispensaries. The plan would create two classes of collective gardens. Class 1 would operate dispensaries, while Class 2 would not and is subject to fewer regulatory restrictions. Under state law, recreational marijuana is regulated at the state level, but medical marijuana is not. While efforts to regulate medical are likely in the state legislature next year, Murray said even if they pass, they wouldn't go into effect until 2016, so the city is moving to regulate now.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Chronicle AM: Bad Cops in CO, CT MedMJ, VA Decrim Bill, WA Drug Defelonization Bill, More (11/26/14)
We have a couple of disturbing Colorado police stories, a marijuana decrim bill will be filed in Virginia, and a drug decrim one in Washington state, Connecticut patients seek to expand the list of conditions, Florida will try again on medical marijuana, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
New Idaho Group Forms to Fight for Pot Law Reform. A new group has formed to push for marijuana legalization in a most pot-unfriendly place: Idaho. Although it now borders two legal marijuana states -- Oregon and Washington -- Idaho continues its last-century approach to marijuana. Now, New Approach Idaho wants to change that with a new initiative effort. It has its work cut out for it: The last time activists tried to get an initiative on the ballot there, they were only able to come up with 11,000 of the necessary 60,000 voter signatures.
Virginia Legislator Will File Decriminalization Bill in January. State Sen. Adam Ebbin (D-Alexandria) has said he will fill a bill to decriminalization the possession of small amounts for the next session of the legislature. "This is not going to legalize marijuana. It is going to make it no longer have a criminal penalty," he said. Under current law, a first possession offense is a misdemeanor punishable by up to 30 days in jail and a $500 fine. Ebbin's bill would make possession a civil offense, with a maximum $100 fine.
Connecticut Doctors' Panel Hears Request to Add More Conditions. The state Medical Marijuana Program's Board of Physicians heard today from patients and advocates pleading with them to expand the state's medical marijuana law to include more medical conditions. The board has received petitions seeking to add severe psoriasis and psoriatic arthritis; sickle cell disease; Tourette's disorder; and post-laminectomy syndrome with chronic radiculopathy -- chronic pain after back surgery -- to the list of qualifying maladies. The program is accepting written submissions, petitions, and testimony from the public until December 12 and will deliberate on the issue in January. If it approves adding new conditions, that's just the first step. Click on the link for all the bureaucratic details.
Florida Advocates Announce Plans for a 2016 Initiative. United for Care, the group behind this year's medical marijuana initiative that came up just short, has announced it will try again in 2016. "We are swiftly mobilizing a new petition push to get medical marijuana" on the 2016 ballot, United for Care director Ben Pollara told supporters this week in a fund raising announcement. This year's Measure 2 won 57% of the vote, but it needed 60% because it was a constitutional amendment. It looks like the group is going to go the constitutional amendment route again, despite the higher bar it creates.
Citizen Video Captures Denver Police Beating Drug Suspect, Knocking Down Pregnant Wife; Cops Tried to Destroy Evidence. Denver resident Levi Frasier happened upon two police officers attacking a man on the ground and began recording with his tablet computer. Police were repeatedly punching the man in the head, and when his seven-month pregnant wife approached the scene, one of the officers swept her legs out from under her, dropping her to the ground. When police noticed Frasier recording the scene, they seized his tablet without his consent or a warrant and erased the video. But Frazier had software that automatically uploaded his videos to the cloud, and now he has made it available to a local TV station, which is raising many questions about the incident. Click on the link to see the video and the TV station's investigative report.
One Colorado Town's Horribly Out of Control Snitch-Driven Drug Busts. The Denver alternative weekly Westword has a lengthy investigative report on a series of drug busts in the town of Trinidad that repeatedly wrapped up innocent people based on the word of confidential informants who stood to benefit from snitching out others. Most of the cases have now been dismissed, but not without severe damage to the innocent. Local police and prosecutors seem not to care much. Click on the link to read the whole damning piece.
Drug Defelonization Bill to Be Filed in Washington State. State Reps. Sherry Appleton (D-Bainbridge Island) and Jessyn Farrell (D-Seattle) will reintroduce legislation to make drug possession a misdemeanor instead of a felony. The bill will be identical to House Bill 2116, which didn't pass this year. The effort is being supported by Sensible Washington.
Cannabis Cafe Quietly Operating in Halifax, Nova Scotia. A members-only marijuana consumption club, the High Life Social Club, has been open for business since early September. The club doesn't allow pot smoking, just vaporizing, nor does it actually sell marijuana -- it's a BYOB (bring your own buds) operation, and local police seem to be okay with it. The only requirement for membership is a payment of $5 and an ID showing you are over 18.
Chronicle AM: DC Pot Bill Moves, Seattle MedMJ Plan, BC Prescription Heroin, Malta Drug Decrim, More (11/25/14)
A marijuana tax and regulate bill advances in DC, a legalization bill gets filed in Georgia, Seattle's mayor has a plan to regulate medical marijuana, prescription heroin is coming to Vancouver, Malta is ready to decriminalize drug possession, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
DC City Council Committee Approves Tax and Regulate Bill. The council's Committee on Business, Consumer, and Regulatory Affairs today voted in favor of legislation to tax, regulate, and license the production, distribution, and sale of marijuana in the nation's capital. The bill is B20-466, the Marijuana Legalization and Regulation Act. Movement on the bill comes just three weeks after DC voters overwhelmingly approved the Measure 71 marijuana possession and cultivation legalization initiative. That initiative didn't address taxation and regulation because it could not do so under DC law, which leaves such moves to the council. And the council is moving.
Georgia State Senator Files Legalization, Medical Marijuana Bills. State Sen. Curt Thompson (D-Norcross) Monday pre-filed bills to legalize both medical and recreational marijuana. SR 6 is a resolution calling for a state constitutional amendment to legalize marijuana, while SB 7 is a full-fledged medical marijuana bill that would allow patients to grow their own and possess up to two ounces, allow registered caregivers to grow for patients, and allow for dispensaries.
New Mexico State Representative Talks Pot Legalization. A marijuana legalization bill died in the legislature this year, and prospects for passage in the incoming, even more heavily Republican legislature next year are not good. But that's not stopping Rep. Bill McCamley (D-Las Cruces). He says the state needs to have the legalization conversation, and he's making his case today during a meeting of the interim Health and Human Services Committee. Click on the link for some McCamley quotes.
Seattle Mayor Releases Medical Marijuana Plan. Mayor Ed Murray's office Monday unveiled its plan for regulating medical marijuana collective gardens and dispensaries. The plan would create two classes of collective gardens. Class 1 would operate dispensaries, while Class 2 would not and is subject to fewer regulatory restrictions. Under state law, recreational marijuana is regulated at the state level, but medical marijuana is not. While efforts to regulate medical are likely in the state legislature next year, Murray said even if they pass, they wouldn't go into effect until 2016, so the city is moving to regulate now.
Australia's Queensland to Toughen Penalties for Drug Dealers in Fatal Overdoses. The Queensland state government is set to introduce a bill today that would compel courts to consider the death of a drug user an aggravating factor in sentencing of drug dealers. Attorney General Jarrod Bleijie said the bill was inspired by a case last year in which a man was sentenced only to probation after supplying a shot of morphine to a minor who died of an overdose.
Prescription Heroin Coming to Vancouver. Doctors in Vancouver have received the first shipment of prescription heroin to be used by former participants in a clinical heroin maintenance trial. In all, 120 severely addicted people have been approved by Health Canada to receive the drugs. The first shipment will begin to be administered this week to the first 26 participants. The patients will go to a clinic two or three times a day to receive and inject the drug. They must then wait at the clinic for at least 20 minutes to nurses can monitor them. The project is an outgrowth of the North American Opiate Medication Initiative (NAOMI) and the follow-up Study to Assess Longer-term Opioid Medication Effectiveness (SALOME).
Chile Celebrates Fourth Legalize Festival. Thousands of people attended the fourth annual Legalize festival in Santiago Monday. Part pot party, part political protest, the festival includes expositions, panels, and live music. Ancient British rockers Deep Purple were among the bands playing yesterday.
Malta Ponders Bill to Decriminalize Drug Possession. A major drug reform bill, the Drug Dependence Bill, which would decriminalize the first-time possession of drugs, went to parliament Monday. First offenders would face only fines, but repeat offenders would have to appear before a Drug Offender Rehabilitation Board and could be ordered to drug treatment if appropriate. People could grow one marijuana plant without being subject to mandatory jail time, and the bill would also allow for the use of medical marijuana.
Chronicle AM: US Agents on Mexico Drug Raids, New Federal Cash Seizure Guidance, New Pain Pill, More (11/24/14)
Some House Republicans still want to mess with DC legalization, a key Washington state solon is planning a bill that would fold medical marijuana into the legal regulation system, federal officials issue a new code of conduct for highway asset seizures, US Marshals are reportedly going on drug raids in Mexico, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Some House Republicans Plan to Try to Block DC Legalization. While some GOP senators have no interest in blocking DC's legalization initiative, some GOP House members do. Rep. Andy Harris (R-MD) said he "absolutely" intends to block implementation, but that he probably wouldn't try to do so until next year. Earlier this year, he successfully attached an amendment to the DC appropriation bill to block decriminalization, and that amendment passed the House, but was never taken up by the Democratically-controlled Senate. Harris called legalization "crazy policy."
Washington State Senator Outlines Marijuana Regulation Bill. State Sen. Jeanne Kohl-Welles (D-Seattle) said she plans to file a bill that would regulate both recreational and medical marijuana in a single system, slash marijuana taxes, and allow home cultivation of up to six plants for any adult -- not just medical marijuana patients or caregivers. The bill would phase out collective gardens and generally fold the medical marijuana system into the state's regulated marijuana system. Kohl-Welles hasn't filed the bill yet and said she is consulting with stakeholders and legislators, but she said she would pre-file it next month.
New Jersey Okays Fourth Dispensary. The state Health Department has issued a permit for a fourth dispensary to start growing medical marijuana ahead of a scheduling opening next spring. The Breakwater Alternative Treatment Center won approval last Friday.
South Dakotans to Try Legislature, But Hold 2016 Initiative in Reserve. Activists met over the weekend in Sioux Falls to plot how to move forward in a state that has twice rejected medical marijuana at the ballot box. A 2006 initiative lost by just four points, but a 2010 initiative lost by a whopping 32 points in the year of the Tea Party. Now, supporters will try to get a bill moving in the state legislature, but if that fails, they are pondering a 2016 ballot initiative.
Kentucky 911 Good Samaritan Bill Proposed. At a press conference last Friday, state Sen. Chris McDaniel said he wants to file a bill that would exempt drug overdose victims and people who seek help for them from being charged with drug possession offenses. "This should be another tool to keep people from dying, and that's what we're after," he said. But McDaniel also said such an exemption from prosecution could only be used once.
Federal Officials Issue New Guidance for Highway Seizures. Officials with the White House's High Intensity Drug Trafficking Areas (HIDTA) program have issued new guidance for highway police in a bid to curb questionable civil asset forfeiture seizures of cash and property from drivers. The voluntary code of conduct reminds state and local police that the need to observe the Constitution and the civil rights of motorists. "Emphasize interdiction programs are NOT purposed for enhancing agency budgets," the code says. "Underscore forfeited ill-gotten proceeds be spent prudently in accordance with applicable statutes, sound policies and regulations." Asset forfeiture programs are currently under an intense spotlight in the wake of repeated revelations about abuses and aggressive enforcement by police.
FDA Approves Second Hydrocodone-Only Pain Pill. The Food and Drug Administration has approved Purdue Pharma's extended-release Hydrocodone tablet Hysingla for use. The agency said Hysingla is designed to be difficult to abuse, but acknowledged it could still be. It is the fourth opioid to be granted abuse-deterrent status, after Purdue's reformulated Oxycontin, it's oxycodone-naloxone combo Targiniq, and Pfizer's morphine-naltrexone combo Embeda. And it is the second hydrocodone-only pill approved by the agency. FDA approved Zohydro in October 2013.
US Marshals Are Going on Drug Raids in Mexico. The Wall Street Journal has reported that members of the US Marshals Service have been taking part in drug raids disguised as Mexican Marines. Mexican officials flatly deny the charge, but the newspaper reported that the Marshals Service sends small teams several times a year to help hunt drug suspects, some of whom are not even wanted by the US. The Journal cited a July incident in which a US Marshal was shot and wounded while attached to Mexican Marines patrolling a field in Sinaloa. Six cartel members were killed in the ensuing shootout.
Australian MPs to Introduce Federal Medical Marijuana Bill. Members of parliament from the Labor, Liberal, and Green parties will this week file a bill that would allow medical marijuana to be grown under federal license. The bill would not require states to allow medical marijuana, but it would create a federal model and address how medical marijuana would be supplied. The MPs will brief colleagues on the plan Wednesday.
Australia's Tasmania Rejects Medical Marijuana. Tasmanian Health Minister Michael Ferguson has rejected an interim report calling for allowing the use of medical marijuana. He ruled out any changes to current laws, citing advice from the Tasmania Police. He said that Tasmania Police would not seek to criminally pursue terminally ill medical marijuana users.
Chronicle AM: Federal VA MedMJ Bill, CRS Report on Federal Pot Tax, Swiss Cannabis Clubs, More (11/21/2014)
Some Alaska officials are proving recalcitrant when it comes to legal marijuana, there could be a Senate hearing on pot legalization with DC in the cross hairs, congressional researchers release a report on a federal pot excise tax, asset forfeiture could play a role in hearings for the new attorney general nominee, and more. Let's get to it:
[image:1 align:right]Marijuana Policy
GOP Senator Who Will Chair DC Oversight Committee Wants Hearing on Legalization. Sen. Ron Johnson (R-WI), the likely next chairman of the Homeland Security and Governmental Affairs Committee, which has jurisdiction over the District of Columbia, said Thursday he wants to hold a hearing on marijuana legalization. He told reporters such a hearing would focus on how legalization has worked in other states. He also said he generally supports more autonomy for the District, but didn't say whether he thought DC should be able to legalize marijuana.
Congressional Research Service Releases Report on Federal Marijuana Taxation. Congress's non-partisan research arm has released a comprehensive report on the federal government setting an excise tax on the production and sale of marijuana and marijuana-related products. The report suggests that under nationwide legalization, a $50 an ounce federal excise tax would raise about $7 billion a year, and that prices could drop to as low as $80 a pound. Click on the link for more.
Washington State Pot Tax Revenues Exceed Expectations. State officials said Wednesday that they expect legal marijuana to generate $694 million in revenue through the middle of 2019. That's up from a September estimate of $636 million. The state expects to collect nearly $43 million in pot taxes by the middle of next year, $237 million more in the 2015-2017 budget biennium, and $415 million more in the 2017-2019 budget biennium.
Key Alaska Prosecutor Says Marijuana Prosecutions to Continue. John Skidmore, director of the state Department of Law's criminal division, said prosecutors will continue to move on marijuana cases despite the voters' approval of legalization earlier this month. "We are not blind or oblivious to the fact that there is a change coming, but the change is not here yet," he said. "We did communicate to our folks that right now it is business as usual. We are evaluating what to do in the future." After Washington legalized marijuana in 2012, many prosecutors quashed pending marijuana cases, and some prosecutors have done the same in Oregon this year.
Anchorage Assemblywoman Wants to Ban Pot Sales. Assemblywoman Amy Demboski has prepared an ordinance to prohibit marijuana cultivation, production, testing and sales in Anchorage. Such a move would be legal under the provisions of Measure 2, which allows local option. She said she doesn't want the Alaska's largest city to be "a guinea pig" for the rest of the state.
Bipartisan Group of Legislators Files Federal Bill to Allow VA Doctors to Recommend Medical Marijuana. A dozen House members led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA) introduced the Veterans Equal Access Act Thursday. The bill would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. Click on the link to see all the sponsors and more details of the bill. The bill is not yet available on the congressional web site.
Arizona Appeals Court Rules Doctors Can't Be Charged for Medical Marijuana Referrals. The Court of Appeals ruled Thursday that doctors who recommend medical marijuana to patients are not subject to criminal charges even if they failed to do a review of a year's worth of patient records. Police sent an informant to the office of Dr. Robert Gear in 2012, and Gear signed a medical marijuana certification based on a physical exam, but before receiving the patient's records. Prosecutors in Navajo County charged him with forgery and fraud, but the appeals court ruled that the state medical marijuana law gives him immunity. "In enacting the (law), the voters explicitly barred prosecution of a physician for providing 'written certifications' or 'for otherwise stating' that certain patients may benefit from `the medical use of marijuana,'" presiding Judge Patricia K. Norris wrote in the opinion. The case is State v. Gear.
Asset Forfeiture Could Be Issue for New Attorney General Nominee. President Obama's nominee to replace Eric Holder as attorney general, US Attorney for the Eastern District of New York Loretta Lynch, bragged back in January about how her office seized nearly a billion dollars through civil asset forfeiture. But with the issue in the limelight now, it may come back to bite her during her confirmation hearings. Asset forfeiture reform bills have been filed in the Congress, newspapers across the country are editorializing about abuses, and congressional Republicans are sure to use any ammunition they can to try to damage the president's nominee.
Cannabis Clubs Coming to Switzerland? Officials in Geneva are exploring whether to allow marijuana social clubs, while the city has joined Bern, Basel, and Zurich in creating an expert working group to craft details for a potential pilot project. Marijuana is not legal in Switzerland, but possession of less than 10 grams is effectively decriminalized. Click on the link for an informative overview.
Chronicle AM: USA Today Slams Asset Forfeiture, NY Times on AFT Drug Stash House Stings, More (11/20/14)
A new Maine legalization group lays out its vision, take your medical marijuana card when you go to Nevada next year, asset forfeiture gets ripped by USA Today, the New York Times takes a look at a questionable law enforcement practice, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
New Maine Legalization Group Wants Home Grows, Social Clubs. Calling itself Legalize Maine, a new group has emerged with a plan to free the weed there. Group organizer Paul McCarrier said his plan is "home grown" -- a jab at the Washington, DC-based Marijuana Policy Project (MPP), which has been laying the groundwork for statewide legalization there for the past several years -- and would allow for home cultivation, the use of marijuana in social clubs, and an 8% tax on sales. MPP has not released details of what it will propose for the 2016 ballot, but its local initiatives in the state did not address home cultivation or allow for social clubs. Click on the link to read more detail on the Legalize Maine plan.
Iowa Pharmacy Board Punts on Reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.
Nevada Will Honor Medical Marijuana Cards from Other States. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.
Civil Asset Forfeiture Should "Go Away," Says USA Today. USA Today has joined the growing ranks of newspapers calling for state and federal civil asset forfeiture reform. In a Wednesday editorial, the country's third-largest daily circulation newspaper said asset forfeiture had come "unmoored" from its original intent of taking the profit out of crime and now appeared like something "one might expect in a banana republic, not the United States." The newspaper called for action on pending federal asset forfeiture reform bills and ended its editorial thusly: "Civil asset forfeiture is government at its absolute worst -- intimidating helpless citizens for its own benefit. It needs to go away."
New York Times Examines ATF Fake Drug Stash House Rip-Off Stings. The Times turns a jaundiced eye to the Bureau of Alcohol, Tobacco and Firearms' (ATF) use of imaginary stash-house stings, where undercover agents entice people into participating in what they thought were robberies of drug stash houses, only to be arrested and imprisoned, sometimes for decades. The newspaper notes that although most of the stings have survived legal challenges, some federal judges are now throwing out such cases. One federal judge in Los Angeles threw out a case earlier this year, citing "outrageous government misconduct" with the ATF "trawling for crooks in seedy, poverty-ridden areas -- all without an iota of suspicion that any particular person has committed similar conduct in the past." Almost all of the people wrapped up in the stings have been brown or black. Clarence Walker has covered this issue for the Chronicle here and here.
Argentina As Latin America's Newest Drug Trafficking Hub. Argentina is emerging as a new drug trafficking hub, according to this analysis in World Politics Review. Author Benoit Gomis points to a number of factors ranging from geography to the size of the Argentine drug market, as well as infiltration by regional drug operations, weak law enforcement, and corruption. Gomis suggests one thing Argentina can do is emulate its neighbor Uruguay, which legalized marijuana last year in a bid to undercut the drug trade. Click on the link to read the whole thing.
California continues to see dispensary battles, Rhode Island's third dispensary opens, medical marijuana is moving in the South, and more. Let's get to it:
As of Wednesday, the Charlotte's Web Medical Hemp had picked up three more cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapeutic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.
Last Wednesday, the city of La Mesa was moving to shut down three dispensaries. The move comes after voters there failed to pass a municipal initiative to authorize and regulate the dispensaries. The dispensaries have until November 22 to close their doors, city officials said.
Last Thursday, San Diego moved ahead on shutting down unpermitted dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.
Last Friday, state officials announced a hearing on adding new qualifying conditions. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.
Last Friday, a state judge rejected the Health Department's medical marijuana grower lottery plan. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.
On Monday, a state legislator prefiled a low-THC, high-CBD medical marijuana bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.
On Monday, a Board of Pharmacy committee heard debate on reclassifying marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.
Last Thursday, a state commission approved medical marijuana regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.
On Wednesday, the state's third and final dispensary opened. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.
Last Thursday, a state senator said he will introduce a medical marijuana bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Oregon cities will fight to be allowed to tax marijuana, the CRS says state-level legalization leaves the US vulnerable to criticism on international drug treaties, federal reform bills pick up more sponsors, Hawaii medical marijuana patients get some rental protections, Iran is fine with executing drug traffickers, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Congressional Research Service Says Legalization Leaves US Vulnerable to Charges It Violates International Drug Treaties. In a report released this week, the Congressional Research Service said state-level marijuana legalization challenges the international drug treaties, but that legalization in the District of Columbia would be the most direct affront because Congress has oversight over DC laws and the ability to void them. "This line of reasoning suggests that if Initiative 71 is permitted to take effect, this inaction by the federal government may strengthen the [International Narcotics Control] Board's argument that the United States has not fulfilled its commitments under the Single Convention," the report said. Congress could challenge DC legalization, but it appears there is little interest in doing so.
Oregon Cities Seek to Tax Marijuana. The League of Oregon Cities says it will ask the legislature to amend the voter-approved Measure 91 legalization initiative to explicitly allow local taxes imposed before the measure was approved earlier this month. Measure 91 sponsors say they will oppose the move because it could drive prices up high enough to encourage users to continue to resort to the black market. The legislature is considering forming a joint committee to consider this and regulatory issues in the wake of Measure 91's passage. Measure 91 allows for the state to tax marijuana, but not localities. Some 70 Oregon localities passed tax measures before Measure 91 was approved.
Federal Charlotte's Web Medical Hemp Act Picks Up New Cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapuetic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.
Hawaii Law Protecting Medical Marijuana Patient Housing Rights Goes Into Effect. As of this month, a new law voids provisions in state rental agreements that previously allowed for tenants to be evicted based on their status as registered medical marijuana patients. The Medical Cannabis Coalition of Hawaii fought for and now applauds this step toward protecting patient rights. The law does not, however, protect people living in government-subsidized housing.
Federal Civil Asset Forfeiture Reform Act Picks Up New Cosponsor. The bill, HR 5212, would strengthen protections against asset forfeiture and require that seizures be proportional to the offense. It was sponsored by Rep. Tim Walhberg (R-MI) and now has 20 cosponsors -- 15 Republicans and five Democrats. The latest is Rep. Tony Cardenas (D-CA). The bill is before the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Federal Comprehensive Addiction and Recovery Act Picks Up New Cosponsors. The bill, S 2389, was introduced by Sen. Sheldon Whitehouse (D-RI). It would provide grants to community-based anti-drug coalitions, create treatment instead of incarceration programs, and provide for evidence-based opioid treatment interventions, among other provisions. It now has six cosponsors -- four Democrats and two Republicans. The latest are Sens. Dianne Feinstein (D-CA) and Al Franken (D-MN). It is before the Senate Judiciary Committee.
Federal Smarter Sentencing Act Picks Up New Cosponsors. The bill, HR 3383, was introduced by Rep. Raul Labrador (R-ID) and would allow federal judges to sentence most drug offenders without regard to mandatory minimum sentences. It would also allow crack cocaine offenders sentenced before 2010 to seek sentence reductions. It now has 55 cosponsors -- 36 Democrats and 19 Republicans, and is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Federal Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, HR 3465, was introduced by Rep. James Sensenbrenner (R-WI) and would expand federal grants to aid former prisoners reentering society. It has 45 cosponsors -- 37 Democrats and eight Republicans. The latest is Rep. Grace Meng (D-NY). It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Massachusetts Chief Justice Renews Call for End to Mandatory Minimums for Drug Offenders. After a visit to Worcester Trial Court to meet with local court officials and employees, Supreme Judicial Court Chief Justice Ralph Gants reiterated an earlier call to abolish mandatory minimums for drug offenders. He said he wants "individualized, evidence-based" sentencing. "Everybody sort of feels that the drug problem is not getting any better. I think everybody recognizes that we're not going to incarcerate ourselves out of the problem," he said.
Massachusetts Criminal Justice Panel Recommends Eliminating Mandatory Minimums for Drug Offenders. The Special Commission to Study the Commonwealth's Criminal Justice System has recommended ending mandatory minimum sentences for all drug offenses in the state. It is also calling for parole eligibility for all inmates who have served at least two-thirds of the lower end of their sentences, except for those convicted of murder or manslaughter. The commission is working on a report for incoming Gov. Charlie Baker (R). Baker signaled support for ending mandatory minimums for drug offenders during the campaign.
Iran Rejects Criticism of Its Resort to the Death Penalty for Drug Traffickers. Iranian Justice Minister Mostafa Pourmohammadi Tuesday rejected criticism from human rights campaigners and UN human rights bodies over its frequent executions of drug traffickers. "We do not accept the statements made by the UN human rights bodies that drug-related convicts should not be executed," he said. He added that anyone who smuggles or deals drugs deserves to be executed.
Report on Drug Policy Progress in Asia. The Open Society Foundations Global Drug Policy Program has published "Moving the Needle on Drug Policy in Asia," which examines innovations in drug policy in an area that boasts some of the world's harshest drug policies. The report looks at harm reduction programs in Taiwan and drug treatment programs in Malaysia. Click on the title link to read it.
Get ready for "Marley Natural" weed, there are now competing legalization efforts in Maine, a high-CBD medical marijuana bill is the first one pre-filed for next year in Georgia, the DC city council approves civil asset forfeiture reform, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
Bob Marley Will Become a Marijuana Brand. The family of legendary Jamaican reggae singer and ganja lover Bob Marley has inked a deal with an American private equity group to sell marijuana under the "Marley Natural" name. The deal is with Privateer Holdings, which says on its web site that "Marley Natural is born of Bob Marley's deep respect for the power of nature to heal and inspire us. True to his ideals, we will cultivate fine cannabis, blend infused topicals, and craft accessories that celebrate life, awaken well-being and nurture a positive connection with the world." The Marley-branded weed is expected to show up next year in places where it is legal.
St. Louis Post-Dispatch Supports Putting Marijuana on the Ballot in 2016. In an editorial last week, The St. Louis Post-Dispatch came out in support of the Show Me Cannabis petition drive to put a pot legalization constitutional amendment initiative on the 2016 ballot. "The time for a statewide debate over marijuana legalization is ripe," the newspaper editorialized. "Let the great pot debate of 2016 begin." The Post-Dispatch is Missouri's second largest daily circulation newspaper.
Second Legalization Effort Emerges in Maine. A new group has emerged seeking to free the weed in Maine. Legalize Maine says it will take "a homegrown approach" to legalization and will include the legalization of marijuana social clubs. It has registered the LegalizeMaine.org and LegalizeMaine.com web sites, but there's nothing on them yet. The Marijuana Policy Project has been working Maine for the past several years and plans to run a 2016 legalization initiative there. This could complicate matters.
Georgia Legislator Pre-Files Low-THC, High-CBD Medical Marijuana Bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.
Iowa Board of Pharmacy Committee Hears Debate on Reclassifying Marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.
Rhode Island's Third and Final Dispensary Opens Tomorrow. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.
DC City Council Votes Unanimously for Civil Asset Forfeiture Reform. The council voted unanimously today to reform the way the nation's capital handles asset forfeiture. The measure would direct seized funds to the city's general fund instead of the police department and it establishes more protections for citizens in the asset forfeiture process.
Marijuana Legalization Debated in Frankfort. For the first time, a German city has officially debated changing its marijuana laws. Officials heard from police, economists, doctors, and drug counselors. A city health department official, Rosemarie Heilig, called for a pragmatic approach to dealing with marijuana that stresses counseling and therapy instead of punishment.
Chronicle AM: Congress Unlikely to Mess With DC Marijuana Legalization, Guatemala Could Legalize Next Year, More (11/17/14)
Congress may "just say meh" to DC legalization, Washington state's first pot auction was a success, it's back to the drawing board for Florida Charlotte's Web regulators, Lebanese hash farmers have an unusual problem, Guatemala's president said pot legalization could be coming soon, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Congressional Republicans Not Too Interested in Blocking DC Legalization. Congressional Republicans, eager to wage battle against President Obama and the Democrats on immigration reform and the Affordable Care Act, don't appear that interested in trying to block the District of Columbia from implementing the marijuana legalization initiative voters approved on Election Day. The Washington Post quoted several senators who said they had other things on their minds. "That's pretty far down my list of priorities," said Sen. Lindsey Graham (R-NC). "I haven't given it one thought," said Sen. Rob Portman (R-OH). The Post also quoted a Heritage Foundation analyst as saying trying to block DC legalization could cost valuable political capital and expose a rift between GOP social conservatives and libertarians.
Washington State's First Pot Auction Brings in $600,000. In the first auction of legally licensed and produced marijuana in the state, Fireweed Farms sold more than 300 pounds of pot Saturday at an average price of $2,000 a pound. That's a $600,000 payday for the growers.
Pot Smoking Tickets Up Nearly Five-Fold in Denver. Through the first three quarters of this year, Denver police have cited 668 people for public pot smoking, compared to just 117 during the same period last year. That's a 471% increase. Even under legalization, public display and consumption of marijuana remains a no-no. Some advocates said public consumption will be an issue until the city allows for it to be consumed in bars or pot clubs.
Florida Judge Rejects Medical Marijuana Growers Lottery Plan, Sends Health Department Back to Drawing Board. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.
Scranton Times-Tribune Calls for Asset Forfeiture Reform. One of Pennsylvania's mid-level newspapers has jumped on the asset forfeiture reform bandwagon. In a Monday editorial, The Scranton Times-Tribune called for federal civil asset forfeiture reform. Citing "pervasive abuses" by state, local, and federal law enforcement agencies, the newspaper called on the Congress to pass pending asset forfeiture reform legislation, and for Pennsylvania officials to examine whether the state's asset forfeiture law needs reform as well.
DEA Pays Visit to NFL Teams Over Use of Pain Relievers. Spurred by reports of widespread use of prescription pain relievers in a recent lawsuit filed against the NFL, DEA agents Sunday visited several NFL teams to question medical staff members about their prescribing practices for drugs used to energize players before games and relieve their pain afterward. The DEA characterized the visits as "administrative," and nothing was seized and no one detained. "Our role is law enforcement, and we have the regulatory authority to make sure anyone who has a license operates within the law," said DEA spokesman Rusty Payne.
Chicago Recovery Alliance's Harm Reduction Gets Work Some Notice. The DePaul University newspaper The DePaulia has profiled the Windy City's Chicago Recovery Alliance and the harm reduction work in which it is engaged. The newspaper calls harm reduction "a small movement in the United States meant not to stigmatize drug users, but to safely educate and assist drug users with the ultimate purpose of reducing risk and eliminating drug-related complications and deaths." It's actually a pretty good overview of the harm reduction field.
With Lebanese Army Busy with Syrian Civil War, Hash Farmers Are Cursed By Oversupply. For the second year in a row, the Lebanese Army has been too concerned with the fighting on its borders to get around to eradicating marijuana crops in the Bekaa Valley, but the hash farmers can't win for losing. Now they face a flooded market and falling prices. Before the Syrian civil war and the glut, farmers were getting $1,500 for 1.2 kilos of hash; now that price has fallen to $500. Not only is the glut the problem, but political and military insecurity have made smuggling more difficult as well, feeding further downward price pressures.
Guatemala President Says County Could Legalize Marijuana Next Year. In an interview with TeleSur TV on Saturday, President Otto Perez Molina said Guatemala would decide early next year whether to follow Uruguay on the path to marijuana legalization. Perez Molina has also made similar noises about legalizing opium poppy production. Stay tuned.
Chronicle AM: NYC Council Head Says Legalize, UT Drug Defelonization Move, Burma Opium, More (11/14/14)
New York's city council speaker says legalize it, there are medical marijuana moves in Connecticut and Maryland, a Utah commission suggests defelonizing drug possession, a Peruvian petition seeks to end arrests for drug use, which is not a crime in Peru, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
New York City Council Speaker Says Legalize It. Melissa Mark-Viverito, speaker of the New York City Council, has come out for marijuana legalization. "It's not something we can just do randomly, but with a thought process, and looking how it's being implemented in other areas. But I do support the legalization of marijuana," she said in response to a reporter's question. "States are speaking. Based on the conversations that we see happening nationally, and how people feel about it, I think that it's just something that is appropriate at this time." At least four other council members, including Rafael Espinal, Stephen Levin, Mark Levine, and Jumaane Williams, have also pronounced in favor of freeing the weed.
San Diego Moves Ahead on Shutting Down Unpermitted Dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.
Maryland Commission Approves Medical Marijuana Regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.
South Carolina Senator Will Introduce Medical Marijuana Bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.
Connecticut to Consider Adding New Qualifying Conditions for Medical Marijuana. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.
The Orange County Register Calls for Federal Asset Forfeiture Reform. In a Thursday editorial, The Orange County Register wrote that one way a divided Congress could show some bipartisanship is by passing asset forfeiture reform legislation. "Civil asset forfeiture hasn't made many headlines until this year. But its very obscurity has bred a degree of corruption that badly undermines the integrity of law enforcement -- from local police all the way to the FBI," the newspaper noted, calling the process "rife with abuse." The suburban Los Angeles daily, California's 5th largest circulation newspaper, also said asset forfeiture too often resembled "literal highway robbery -- committed by the very people charged to serve and protect." The Civil Asset Forfeiture Reform Act (HR 5212) is pending in the Congress.
Report on the 10th National Harm Reduction Coalition Conference. The Harm Reduction Coalition's 10th national conference took place late last month in Baltimore. Click on the title link to get a lengthy and informative report on it from the North Carolina Harm Reduction Coalition's Tessie Castillo.
Utah Crime Commission Calls for Defelonzing Drug Possession. In a report released Thursday, the Criminal and Juvenile Justice Commission rolled out a package of recommendations for controlling prison population growth, including making first-time drug possession a misdemeanor instead of a felony. All of the report's recommendations were approved unanimously by the commission. Now, it will be up to the legislature to enact them.
Another Year of Rising Opium Production in Burma. The Irawaddy Journal and Magazine has a lengthy report on this year's opium crop in the Shan state. Production is up for the sixth year in a row, and Burma now accounts for 18% of global opium production, according to the UN Office on Drugs and Crime (UNODC). "We could not grow any other plants here to make a living, except poppy. If they [the government] ban it, we will have no other jobs," said a 50-year-old villager. A good read; check it out.
Petition Urging Peruvian Government to Stop Arresting People for Drug Use, Which is Not a Crime. Drug use is not a crime under Peruvian law, but more than half of all drug trafficking charges are for drug use -- not drug trafficking. Activists in Peru have been working to get police to actually obey the law and not arrest drug users, but so far to no avail. Now, there is a petition directed at Interior Minister Daniel Urresti and the National Police, urging them to abide by the law. Click on the link to sign it. They are seeking 25,000 signatures, but only have 526 so far. Okay, make that 527 now.
Saudi Arabia Executes Another Drug Offender, 22nd This Year. A Pakistani man convicted of smuggling heroin into the kingdom in his intestines was beheaded in Kharj Thursday. Niaz Mohammed Ghulam Mohammed was the seventh person beheading for drug trafficking this month, and the 22nd of the year. Drug offenders account for about 40% of all Saudi executions so far this year.
Chronicle AM: Afghan Opium Funds Elections, Big WA Pot Auction, NV Signatures Handed In, More (11/13/14)
More poppies are growing than ever in Afghanistan, and they helped fund the recent presidential election; the UNODC head tsk-tsks at US legalization votes, Nevada petitioners hand in 2X the signatures needed, federal bills get more sponsors, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
UN Anti-Drug Chief Says Legalization in US States Violate Drug Treaties. Yuri Fedotov, head of the UN Office on Drugs and Crime (UNODC), said Wednesday that American states that have legalized marijuana are not in line with international drug conventions. "I don't see how (the new laws) can be compatible with existing conventions," he told reporters. Fedotov is coming to Washington next week to discuss the issue with the US State Department and other UN agencies.
US Representatives from Marijuana States Urge Colleagues Not to Interfere. Members of Congress from states that have legalized marijuana held a press conference in Washington, DC, today to urge Congress not to try to interfere with state-level legalization. Democrats from Colorado (Jared Polis), Oregon (Earl Blumenauer), and the District of Columbia (Eleanor Holmes Norton) were joined by Republican California Congressmen Dana Rohrabacher. With some congressional Republicans grumbling, DC would appear to be at some risk of interference, since Congress controls the purse strings.
Nevada Legalization Petitioners Turn in Twice the Number of Signatures Needed. It looks like Nevada is going to vote on legalization in 2016 (if the legislature doesn't act first). The Coalition to Regulate Marijuana Like Alcohol in Nevada Wednesday turned in 200,000 signatures for its proposed 2016 legalization initiative. It only needs 101,667 valid voter signatures to qualify for the ballot. Once the signatures are validated, the measure will head for the 2016 ballot unless the legislature decides to just pass it itself next year.
Oregon Liquor Control Commission Has Updated FAQs for Recreational Marijuana. In response to public queries, the commission has updated its recreational marijuana FAQs page. Click on the link to see the updates. Here is the full FAQs page.
RAND Briefs Vermont Lawmakers on Legalization Issues; Public Hearing, Too. The RAND Corporation's Drug Policy Research Center, which has been contracted by the state to prepare an in-depth report on the potential financial and social impact of legalization, briefed lawmakers Wednesday with the report's outlines. Center co-director Beau Kilmer told the lawmakers the report will cover the state's marijuana "landscape," analyze health and safety issues, review alternate approaches to taxation and regulation, and provide financial projections. Kilmer identified nine questions lawmakers should be asking themselves; click on the link to see them. The briefing was followed by a public hearing that took place on closed circuit television on towns around the state. The RAND report is due in January.
Virginia Decriminalization Bill Filed. State Sen. Adam Ebbin (D-Arlington) has filed a bill that would decriminalize the possession of less than an ounce of marijuana. The bill will be considered in the new session beginning in January. It is SB 686.
Washington Pot Farmer to Auction Off A Ton of Weed. Well, this should help with those reported shortages plaguing the Washington state legal marijuana market. Fireweed Farm, a licensed marijuana producer in Prosser, has announced that its crop is in and processed, and it will be selling its one-ton harvest to the highest bidder (heh) on Saturday.
Federal Charlotte's Web Medical Hemp Act Picks Up New Sponsors. The bill would remove low-THC, high-CBD cannabis oils from Schedule I of the Controlled Substances Act. It's newest sponsors are Reps. Mike Honda (D-CA), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Alan Nunnelee (R-MS), Richard Hanna (R-NY), and Allen Lowenthal (D-CA). The bill was introduced by Rep. Scott Perry (R-PA) and now has 32 cosponsors -- 18 Democrats and 14 Republicans. It has been assigned to subcommittees of the House Judiciary and House Energy and Commerce Committees.
Georgia Low-THC, High-CBD Medical Marijuana Bill to Be Debated in January. Lawmakers who tried and failed to get a low-THC, high-CBD medical marijuana passed this year will be back at it in the coming session. The bill sponsor, Rep. Allen Peake (R-Macon), said he will introduce an improved bill to be debated in January. He said he hopes to file it next month.
Federal Civil Asset Forfeiture Reform Act Picks Up New Sponsors. The bill, HR 5212, is sponsored by Rep. Tim Wahlberg (R-MI) and would tighten requirements for asset forfeiture. The latest cosponsors are Reps. Sam Farr (D-CA), James Moran (D-VA), Steve Stockman (R-TX), Henry Johnson (D-GA), Tom McClintock (R-CA), and Kerry Bentivolio (R-MI). The bill now has 19 cosponsors -- 15 Republicans and four Democrats. It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Pardons and Clemency
Arkansas Governor Pardons Son for Marijuana Conviction. Gov. Mike Beebe (R) has issued a pardon for his son, Kyle Beebe, who was convicted in 2003 of marijuana possession with intent to deliver. It is one of 25 pardons he is issuing before leaving office in January. Beebe has issued more than 700 pardons during his time in office, including a number of other first time drug offenders.
Federal Second Chance Reauthorization Act Picks Up New Sponsors. Introduced by Rep. James Sensenbrenner (R-WI), the bill would expand grant programs aimed at helping people upon their release from prison. The House version, HR 3465, has now picked up Reps. Peter DeFazio (D-OR), Zoe Lofgren (D-CA), and Suzan DelBene (D-WA), while the Senate version, S 1690, is now cosponsored by Sen. Benjamin Cardin (D-MD). The House version now house 44 cosponsors (36 Democrats and eight Republicans), while the Senate version, introduced by Sen. Pat Leahy (D-VT), now has 22 cosponsors (17 Democrats, four Republicans, one independent).
Key West Settles With Job Applicant Who Refused Drug Test. The city of Key West, Florida, will pay $75,000 to a former resident who refused to take a pre-employment drug test after applying for a position with the city and was then eliminated from consideration. The city will also pay $60,000 to the ACLU of Florida, which represented Karen Cabanas Voss. She had sued, arguing that the city's drug testing policy was unconstitutional, and a federal district court judge found in her favor.
Opium Helped Fund Afghan Elections, UNODC Says. The amount of land planted with opium poppies this year is at record levels, UN officials said Wednesday, and they said this year's presidential election campaign was part of the reason. "With the presidential election ongoing, there was a huge demand of funding," said Jean-Luc Lemahieu, a senior official with the UN Office on Drugs and Crime (UNODC). "And that funding is not available in the licit economy, and that money has to come from somewhere, so they turned to the illicit economy." In its annual opium survey, UNODC found that the area under cultivation had increased 7%, while eradication decreased by 63% between last year and this year.
It's been a quiet week on the medical marijuana front, perhaps a post-election lull. But there is news from California, Colorado, and Rhode Island. Let's get to it:
On Tuesday, activists complained that California veterans were being denied pain medications over their medical marijuana use. California NORML reported that it is being contacted by veterans who are being told by their VA doctors that they must choose between their prescription pain medications and medical marijuana. The group reports "a spate of complaints" from Long Beach and Loma Linda after scheduling changes for some prescription drugs recently took effect. Those changes entail stricter reporting requirements for doctors, and that, among other factors, seems to have spurred the tightening up. Click on the title link for more details and a plan for action from Canorml and Veterans for Medical Cannabis Access.
On Tuesday, Colorado reported another $30 million month in medical marijuana sales. September sales were at $31.6 million, down slightly from August's $33.4 million. The all-time high was in February, when medical marijuana sales totaled $36 million. Recreational sales are also running about $30 million a month.
On Wednesday, the ACLU filed a lawsuit over medical marijuana employment discrimination. The ACLU of Rhode Island has filed a lawsuit on behalf of a URI graduate student who was denied summer employment this year at a fabrics company because of her status as a registered medical marijuana user. The suit is on behalf of Christine Callaghan, a graduate of the Savannah College of Art and Design who is studying textiles and working towards a masters' degree in that field at URI. She has participated in the medical marijuana program for almost two years to deal with frequent, debilitating migraine headaches. She lost a pain internship offer with Darlington Fabrics after disclosing her medical condition and medical marijuana patient status. The lawsuit argues that failure to hire because of a potential employee's patient status is discriminatory under the state's Civil Rights Act.