President Obama commutes a marijuana offender's sentence, organized opposition to a legalization initiative emerges in Alaska, draconian heroin bills are moving in Louisiana, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Denver Crime Rate Drops in First Months of Legal Marijuana Sales. According to crime statistics from the Denver Police, crime is down over the previous year in the first three months of legal marijuana sales there. Violent crime (including homicide, sexual assault, robbery, and aggravated assault) fell by 6.9% in the first quarter of 2014, compared with the same period in 2013. Property crime (including burglary, larceny, auto theft, theft from motor vehicle and arson) dropped by 11.1%.
Alaska Legalization Initiative Gets Organized Opposition. An organized opposition group has emerged to campaign against the Alaska legalization initiative. A group calling itself "Big Marijuana, Big Mistake, Vote No on 2" officially filed with the Alaska Public Offices Commission last week. The group includes only a handful of Alaskans and says it is not affiliated with Project SAM, the anti-legalization group that has been playing up the "Big Marijuana" theme across the country.
Legalization Bill Filed in New Jersey Assembly. Assemblywoman Linda Stender (D-Scotch Plains) and Assemblyman Reed Gusciora (D-Trenton) have filed Assembly Bill 3094 to legalize marijuana. The bill is companion legislation to Senate Bill 1986, which was filed by Sen. Nick Scutari (D-Linden) earlier this session.
Tennessee Legislature Approves CBD Medical Marijuana Study Bill. The House voted 97-0 Monday to approve Senate Bill 2531, which would create a four-year study of the use of CBD cannabis oil in treating intractable seizures. The measure passed the Senate last week, and now goes to the desk of Gov. Bill Haslam (R).
Tennessee Senate Passes Pseudoephedrine Restriction Bill. A bill that would restrict non-prescription purchases of OTC cold medications containing pseudoephedrine, a precursor chemical in meth manufacture, passed the Senate Tuesday. The bill would cap purchases at 4.8 grams per month and 14.4 grams per year of allergy and cold medicines like Sudafed that could be bought without a prescription. The Senate version differs from the House version in the allowable amounts. The House version has already passed, too, so the two will have to be reconciled before final passage.
Draconian Heroin Bill Passes Louisiana Senate Committee. A bill to increase maximum penalties for heroin offenses from 50 to 99 years received approved Tuesday from the Senate Judiciary Committee. Senate Bill 87, sponsored by Sen. Dan Claitor (R-Baton Rouge), now heads for the Senate floor. Another draconian heroin bill, House Bill 332, sponsored by state Rep. Joe Lopinto (R-Metairie) would double mandatory minimums for heroin use and distribution. The full House passed that bill 94-1, and it will now be heard in the Senate.
President Obama Commutes Sentence for Marijuana Offender. President Obama Tuesday granted clemency to a marijuana offender sentenced to too much time because of a typographical error. Ceasar Huerta Cantu had been sentenced to 180 months in federal prison for marijuana distribution conspiracy and money laundering. Obama commuted the sentence to 138 months, which is what it would have been had his initial sentence been calculated correctly. That means Huerta will get out more than three years early. Obama commuted only one sentence in his first term but has been using the power more in his second.
Mexico Anti-Cartel Militias Refuse to Lay Down Arms. The so-called autodefensa militias in the southwest Mexican state of Michoacán -- which took up arms against the Knights Templar cartel more than a year ago -- are now refusing the government's demand to put down their weapons. The government had allowed them to keep their arms and integrate into the security forces, but early this month, announced its intention to disarm all civilians in the state. But the militias say they will disband only once the leaders of the Knights Templar Cartel are killed or arrested. "We prefer to die at the hands of the government than at the hands of a goddamned son of a bitch who dismembers and butchers you -- without releasing even a fingernail to your family. Because, that's what the criminals do," one militia leader told VICE News.
British celebrity chef Nigella Lawson is banned from the US for admitting using coke, decrim dies for the year in Maryland, CBD medical marijuana bills continue to move, the resort to the overdose drug naloxone is spreading rapidly, Guatemala's president wants to legalize marijuana and license poppies for the medical market, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Maryland Decriminalization Bill Killed; Task Force Will Study It Instead. Marijuana decriminalization is dead for the year in Maryland after a bill to do just that -- House Bill 879 -- died without a vote in the House Judiciary Committee. Instead, the committee, led by reform foe Rep. Joe Vallario Jr. (D-Prince Georges), chose to form a task force to study the issue.
Washington State Will Issue First Marijuana Store Licenses by July, Impose Lottery System. Colorado is the only state where you can walk into a store and legally purchase marijuana, but not for long. Washington state regulators announced Wednesday that the first retail marijuana licenses will be issued "no later than the first week of July." The state has already issued licenses to eight growers. After eliminating retail license applications that did not return required documents or were incomplete, the state still has more than a thousand applications for the 334 stores it will allow to open, so it is imposing a lottery system to determine who gets those licenses.
Northern Mariana Islands Senate Ponders Legalization. The Senate of the Commonwealth of the Northern Mariana Islands, a US protectorate, discussed the possibility of legalizing marijuana Wednesday. The Fiscal Affairs Committee touched on legalization when discussing a decriminalization bill, and committee member Sen. Pete Reyes (IN-Saipan) said members had asked the Senate legal counsel to research Colorado's legalization model. "Yes, the committee is tinkering with the idea, whether it's a good idea to legalize it or not. But nothing is final. Nothing is decided," Reyes told The Saipan Tribune.
New Jersey Patient Sues NJ Transit for Denying Him a Job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.
Illinois Senate Passes CBD Medical Marijuana Bill. A bill that would allow children to use high-CBD cannabis oil to treat epilepsy passed the Senate Wednesday. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.
Minnesota TV Ad Attacks Gov. Dayton for Opposing Medical Marijuana. Patients and medical marijuana advocates have unleashed an aggressive TV ad targeting Gov. Mark Dayton (DFL) for standing in the way of medical marijuana legislation. The ad features a St. Paul mother and her seizure-ridden child, whom Gov. Dayton told to just find medical marijuana on the street!
South Carolina House Passes CBD Medical Marijuana Bill. The House Wednesday passed a bill allowing people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.
Louisiana House Committee Passes Bill to Allow Overdose Reversal Drug. The House Health and Welfare Committee Wednesday passed a bill that would allow first responders to provide the overdose reversal drug naloxone (Narcan). House Bill 754 now heads for a House floor vote.
Every Cop in New York Will Carry Overdose Reversal Drug. Under a new initiative announced today by Attorney General Eric Schneiderman (D), every state and local law enforcement officer in the state will be able to carry with them the overdose reversal drug naloxone (Narcan). The Community Overdose Prevention program will provide police with kits containing two syringes filled with naloxone, two inhalers of the drug, sterile gloves and a booklet on using them. The cost of the kit is roughly $60. Each has a shelf life of about two years.
Some New Jersey Cops to Carry Overdose Reversal Drug. Police throughout Ocean and Monmouth Counties soon will be armed with a drug that can save heroin users from fatal overdose, launching a program officials hope will be adopted statewide in New Jersey. All 32 Ocean County police departments are participating in a pilot program backed by Gov. Christie, who said Wednesday that equipping police with the drug, naloxone (Narcan), would help save lives.
Louisiana House Passes Harsh Heroin Sentencing Bill. The House voted 96-0 Wednesday in favor of a bill that imposes mandatory minimum prison sentence for heroin possession and increases sentences for heroin dealers. But first, it amended House Bill 332 so that, in addition to prison time, heroin users would also have to undergo court-approved drug treatment. Under the bill, heroin possessors would have to do at least two years in prison, while dealers would see their mandatory minimum sentence doubled from five years to 10. The bill now goes to the Senate.
Mexican Drug War Victims Criticize Lack of Progress on Tens of Thousands of Cases. Families of drug war victims who were hoping to see concrete policy shifts with the change of administrations a year and a half ago are growing impatient with the lack of progress on tens of thousands of cases of murders and disappearances. An estimated 100,000 Mexicans have been killed since former President Felipe Calderon turned drug prohibition policies into a militarized offensive. The whereabouts of another 26,000 are unknown. They are Mexico's "disappeared". Some are believed to have been kidnapped by criminals, others have vanished after being taken into police custody. Click on the link for the full report.
Guatemalan President Will Present Plan to Legalize Marijuana and License Opium Production. Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. See our news brief today for more detail.
Albanian Cops Try Persuasion in Marijuana-Growing Village. Albanian Police peacefully visited the village of Lazarati this week in a bid to get school children to persuade their parents not to grow marijuana there. Lazarati is described as "a paradise for cannabis growers and criminals," and has been a no-go zone for police for nearly two decades. Villagers in the past have created armed groups to fend off eradication efforts, and even the kids didn't seem too keen on giving up the trade. "If you tell us to convince our parents not to grow cannabis, do you guarantee us that you will provide jobs for them? This is our way of life," one student replied.
British Celebrity Chef Nigella Lawson Denied Entry to US Over Cocaine Use Admission. Nigella Lawson was stopped from boarding a flight from London to the US because of her courtroom confession that she used cocaine. Lawson was never charged with a criminal offense over her confession, but the US can deny travel to foreigners who have committed offenses without being charged.
A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.
[image:1 align:left caption:true]Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.
Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.
"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.
More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.
"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."
The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.
And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.
Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).
At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.
And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.
Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.
"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."
[image:3 align:left]"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.
"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.
While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.
"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."
Garden State municipal prosecutors say legalize it, an Arizona sheriff has to give back medical marijuana seized rom a patient, Colorado wants to crack down on high plant-count patients, Louisiana takes a resolutely last century approach to heroin, Uruguay is going to seriously track its legal weed, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
New Jersey Prosecutors Say Legalize It. The New Jersey State Municipal Prosecutors Association has come out in favor of legalizing marijuana possession. The support of the prosecutors association comes as two bills were introduced this month in the legislature. The board of trustees of the municipal prosecutors association on February 21 voted to endorse legalization, said its president, Jon-Henry Barr, who is municipal prosecutor in Kenilworth and Clark.
Poll Shows Virginians Split on Legalization, Strongly Favor Medical Marijuana. A new Quinnipiac poll has Virginians narrowly opposed to legalization, with 46% in favor and 48% opposed. Medical marijuana fares much better, with support at 84%.
Wisconsin Decriminalization Bill Filed. Rep. Evan Goyke (D-Milwaukee) and 10 Democratic cosponsors have introduced a decriminalization bill, Assembly Bill 891. It has been referred to the Assembly Committee on Criminal Justice, but is not expected to go anywhere.
Wisconsin's Dane County (Madison) Votes Tomorrow on Legalization Advisory Referendum. Voters in Dane County, Wisconsin, will vote tomorrow on whether to approve an advisory referendum calling for marijuana legalization. The question was put on the ballot by County Board member Leland Pan.
Vermont Legislature Legalization Debate Killed. An effort to debate a proposal to study the impact of legalization on state revenues died in the state House. The effort came in an amendment to a miscellaneous tax bill from Rep. Kristina Michelsen (D-Hardwick), but was blocked when Rep. Thomas Koch (R-Barre Town) asked House Speaker Shap Smith to rule on whether it was germane. He ruled it wasn't.
Hundreds Rally for Marijuana Reform in Harrisburg. Supporters of medical marijuana, hemp, and decriminalization rallied by the hundreds at the Pennsylvania state capitol in Harrisburg Monday. They called it the Keystone Cannabis Reform Rally.
US Supreme Court Denies Arizona County's Appeal; Sheriff Must Give Back Seized Medical Marijuana. The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.
Oregon Has Now Approved 22 Dispensaries. The Oregon Health Authority reported 14 more dispensaries had been approved by late Friday, on top of the eight approved the previous week.The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.
Nevada Dispensary Rules Finalized. The Legislative Commission approved rules for growing, processing, and selling medical marijuana Friday. Nevada voters approved medical marijuana in 2000 but patients have had no legal way to acquire it other than to grow it. A law approved by the 2013 legislature and signed by Gov. Brian Sandoval set up a taxing and distribution system to make it accessible to patients. It could be late this year or early 2015 before medical pot is available for purchase.
California Federal Court Judge to Hear Motion on Declaring Unconstitutional Marijuana's Schedule I Classification. For the first time, a federal judge has granted a hearing on a motion to declare unconstitutional the continued classification of marijuana in Schedule I. The evidentiary hearing is currently set for June 2 before Federal District Court Judge Kimberly Mueller in Sacramento.
Colorado Health Officials Warn of Crackdown on High Plant-Count Patients. Beginning today, the state Health Department will send out letters to doctors who recommended that patients be allowed to grow elevated plant counts and the patients who benefit, requiring them to provide more documentation on the need for the extra plants. The department also unveiled a proposed bill that would strictly limit medical-marijuana caregivers -- people who grow cannabis for patients who can't grow for themselves -- to serving only five patients and growing no more than six plants per patient. Caregivers can currently apply for a waiver to serve more than five patients. The proposals did not go over well with medical marijuana supporters, with Health Department spokesmen being cursed at and called "fascists" in response.
Massachusetts Municipal Association Releases Report on State Medical Marijuana Law. The Massachusetts Municipal Association has released a report on the state's medical marijuana law, offering several suggestions for local officials trying to navigate it. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers. Municipalities, Rollins said, have the power to create zoning bylaws, ordinances, special permits or host community agreements.
West Virginia Governor Signs Mining Industry Drug Test Reporting Bill. Gov. Earl Ray Tomblin (D) has approved a bill requiring employers in West Virginia's mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training. Prior to this law, which takes effect immediately, mine industry employers were only required to submit test results to the state if a miner was fired. Employers must notify the administration within seven days if an employee tests positive, refuses a urine sample, or has submitted an adulterated sample. Suspect employees will be suspended from work until they appear before a board of appeals. New hires must submit to a pre-employment urine test.
Alabama's Jefferson County (Birmingham) Suspends Employee Drug Testing Program. Mandatory, suspicionless drug testing of all new hires in Jefferson County has been suspended pending an inquiry into whether the program is unconstitutional. Ronald Sims, the court appointed receiver in charge of the county's Human Resources Department, this month halted across-the-board drug tests and medical examinations for new county workers because, Sims said, the drug tests "likely violate individuals' rights to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution."
Friends, Family of Unarmed Man Killed in Drug Raid Rally in Tulsa. Deandre Starks was shot and killed last week by Tulsa police serving a drug search warrant. On Friday, friends and family members rallied at city hall demanding answers. Starks' mother said she believed her son was murdered. Police said they fired at him after he made a threatening movement, but Vanesta Starks wasn't buying that. "But to know that my son was shot when his hands was up in the air, surrendered. He tripped over a rail and that was the body movement. I know the story. I just want to know if somebody will come tell me why," she said.
Lawsuit Charges "License Plate Profiling" by Idaho Troopers. A 70-year-old Washington man who was arrested and his car searched by an Idaho Highway Patrol trooper solely because he had Colorado plates has filed a federal lawsuit charging "license plate profiling." Both Colorado and Washington are legal marijuana states, while Idaho is one of the most reactionary on marijuana policy. Click on the link for all the tawdry details.
Louisiana Bill Would Jack Up Sentences for Heroin Possession, Sales. A bill moving in the legislature in Baton Rouge would drastically increase prison time for heroin users and dealers, including a mandatory minimum two-year sentence for simple possession. House Bill 332 easily passed out of the House Criminal Justice Committee last week and is attracting bipartisan support, even among lawmakers otherwise skeptical of the "tough-on-crime" policies that have been blamed for Louisiana's nation-leading incarceration rate. The bill would also double the mandatory minimum sentence for heroin distribution from five years to ten.
Colombia's FARC Calls for "Humanized" Approach to Drug Policy. Colombia's counterdrug policies must have "a humanized approach in the context of integral agrarian reform" negotiators for the Revolutionary Armed Forces of Colombia (FARC) said in Havana Friday. Forced crop eradication and aerial fumigation are repressive and ineffective, the guerrillas said during ongoing peace talks with the Colombian government. The FARC supports crop substation programs as long as they are "participatory, concerted, gradual, [and] environmentally sustainable."
Uruguay to Track Marijuana from Seed to Stash With Genetic Markers, RTF Tags. Uruguay's drug czar says every legal marijuana plant in Uruguay will be registered and tracked using radio frequency tags, and that state-grown marijuana will be cloned to include genetic markers, making sure that what's grown there stays there. That's a much tougher tracking system than those imposed in Colorado and Washington, which recently legalized marijuana use. Unlike those US states, Uruguay wants authorities to be able to test the pot in any drug user's possession to determine if it came from a registered, legal source.
Jamaican Marijuana Growers Call on Government to Halt Crop Destruction. At a preparatory meeting of the Ganja Future Growers and Producers Association (GFGPA) in Kingston this weekend, some participants called for an immediate end to the destruction of marijuana crops. "Please, Mr. Government, ask you police and the army to stop digging down the world number one brand ganja," Ras Arthur Newland shouted out emphatically. "We believe the persecution and the lock-up for ganja must stop immediately." That's not the official position of the GFGPA, which said it is going to concentrate on winning decriminalization first.
US Attorney General Eric Holder had heroin on his mind Monday, using his weekly video message and an accompanying press release to draw attention to rising heroin overdose deaths and vowing to combat the problem with a combination of law enforcement, treatment, prevention, and harm reduction measures. Drug reformers generally responded positively, but called on the Obama administration to seek comprehensive, science- and health-based solutions instead of engaging in more drug war.
[image:1 align:left caption:true]"Addiction to heroin and other opiates -- including certain prescription pain-killers -- is impacting the lives of Americans in every state, in every region, and from every background and walk of life -- and all too often, with deadly results. Between 2006 and 2010, heroin overdose deaths increased by 45%," Holder said. "Scientific studies, federal, state and local investigations, addiction treatment providers, and victims reveal that the cycle of heroin abuse commonly begins with prescription opiate abuse. The transition to -- and increase in -- heroin abuse is a sad but not unpredictable symptom of the significant increase in prescription drug abuse we've seen over the past decade."
What Holder didn't mention is that the rise in prescription pain pill misuse is tied to a massive increase in prescribing opioids for pain in the past decade. A study published last fall found that between 2000 and 2010, the amount of opioids prescribed for non-cancer pain had nearly doubled, and that during the same period, the percentage of people complaining of pain who received prescriptions for opioids jumped from 11% to nearly 20%. But reining in prescriptions generally isn't the answer either.
But at the same time, a 2011 Institute of Medicine report found that while "opioid prescriptions for chronic non-cancer pain [in the US] have increased sharply… 29% of primary care physicians and 16% of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions."
As the IOM report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them." Opioid misuse and under-use of opioids for pain treatment when they are needed are problems that coexist in society. Pain pill crackdowns have also been found to result in increased use of street heroin, as a Washington Post article last week reports -- two additional reasons advocates prefer public health approaches to heroin more than law enforcement -- and why great care should be taken with the law enforcement measures.
"It's clear that opiate addiction is an urgent -- and growing -- public health crisis. And that's why Justice Department officials, including the DEA, and other key federal, state, and local leaders, are fighting back aggressively," Holder continued. "Confronting this crisis will require a combination of enforcement and treatment. The Justice Department is committed to both."
Holder pointed to DEA efforts to prevent diversion of pharmaceutical pain-relievers to non-medical users, mentioning investigations of doctors, pharmacists, and distributors.
"With DEA as our lead agency, we have adopted a strategy to attack all levels of the supply chain to prevent pharmaceutical controlled substances from getting into the hands of non-medical users," Holder said.
[image:2 align:right caption:true]Holder also pointed out that DEA had opened some 4,500 heroin investigations since 2011 and promising more to come.
But, as Holder noted, "enforcement alone won't solve the problem," so the administration is working with civil society and law enforcement "to increase our support for education, prevention, and treatment."
And although he didn't use the words "harm reduction," Holder is also calling for some harm reduction measures. He urged law enforcement and medical first responders to carry the overdose reversal drug naloxone (Narcan) and signaled support for "911 Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose.
Holder got restrained plaudits from drug reformers for his small steps toward harm reduction measures, but they called for a more comprehensive approach.
"Preventing fatal overdose requires a comprehensive solution," said Meghan Ralston, harm reduction manager for the Drug Policy Alliance. "While naloxone is an absolutely critical component, we need a scientific, health-based approach to truly address the roots of the problem. This includes improving access to effective, non-coercive drug treatment for everyone who wants it, as well as improving access to medication-assisted treatments such as methadone and buprenorphine."
[image:3 align:left caption:true]Ralston also added that just making naloxone available to cops and EMTs wasn't good enough. Friends and family members, not "first responders," are most often the people who encounter others in the throes of life-threatening overdoses.
"While we applaud Attorney General Holder's clear support for expanding access to naloxone, particularly among law enforcement and 'first responders,' we urge him to clarify that he supports naloxone access for anyone who may be the first person to discover an opiate overdose in progress," she said.
But Law Enforcement Against Prohibition (LEAP), a group of law enforcement officials opposed to the war on drugs, applauded the move, which could help soften reflexive law enforcement opposition to carrying the overdose antidote, an attitude reflected in the the International Association of Chiefs of Police's opposition to all harm reduction measures.
"Police may not be the first to embrace change, but we are slowly evolving," said Lieutenant Commander Diane Goldstein (Ret.). "We cannot arrest our way out of a public health problem, and it's clear that the Attorney General is beginning to understand that and to embrace the role of harm reduction in reducing death, disease and addiction in our communities. We still have a long way to go, but this is a good sign."
The idea is "a no-brainer," according to executive director Major Neill Franklin (Ret.). "It is simply immoral not to support something proven to save lives for political reasons," Franklin added. "Yes, police send a message when they choose not to carry naloxone. But that message is not 'don't do drugs,' it's 'if you make the wrong decisions in your life, we don't care about you.' That offends me both as a former cop and as a human being."
The nuanced pushback to Holder's law enforcement/prevention/treatment/hint of harm reduction approach is good as far as it goes, but it doesn't go far enough. Decriminalizing and destigmatizing now illicit drug use, as has been the case in Portugal, is an obvious next step, and removing the question of drugs from the purview of the criminal justice system altogether would be even better. Still, that a sitting attorney general is calling for treatment and harm reduction as well as law enforcement is a good thing, and for reformers to be calling him on not going far enough is a good thing, too.
California's Democrats endorse marijuana legalization, Caricom gets ready to talk marijuana, Attorney General Holder calls for expanded access to naloxone to prevent overdose deaths, legislatures in the Pacific Northwest make moves on medical marijuana, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Rep. Jared Polis Introduces Federal Marijuana Impaired Driving Bill. Rep. Jared Polis (D-CO), a supporter of marijuana legalization, has introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act, which would expand the federal definition of an impaired driver to include those impaired by marijuana use. The bill is not yet available online, and the devil is in the details. Stay tuned.
California Democratic Party Endorses Legalization. The California Democratic Party voted Sunday to include in its platform a plank "to support the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol."
Support for Legalization at CPAC. Attendees at the Conservative Political Action Conference in Washington included many supporters of marijuana legalization, according to both a Huffington Post informal survey and a CPAC straw poll, which had 62% saying legalize it.
New Jersey Program Won't Consider Adding New Conditions Until 2015. A Health Department spokesperson said late last week that the state's medical marijuana program will not consider expanding the list of conditions covered under state law until next year. That would appear to contradict the law, which required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. It also required the health department to produce a biennial report in 2012 and every two years after assessing whether there were enough growers to meet demand. But the Chris Christie administration didn't issue any reports at all until late last month, and now says it is too soon to add more illnesses.
Washington Senate Votes to Regulate Medical Marijuana. Legislation that would essentially fold the state's existing medical marijuana program into the I-502 legalization framework passed the Senate Saturday. Senate Bill 5887 would require dispensaries to be licensed under the legalization format. Patients could get their medicine there or grow their own, and they could voluntarily register with the state to get a partial tax break and buy greater quantities than allowed under general legalization. The measure now goes to the House, which has already passed a bill that requires mandatory patient registration. The session ends this week.
New York Assembly Democrats Roll Medical Marijuana Bill into Budget Proposal. In a bid to finally get medical marijuana through the legislature, Assembly Democrats have folded a bill to do that into this week's budget proposal. The bill resembles the Compassionate Care Act introduced by Assemblyman Dick Gottfried (D-Manhattan), but is not identical to it.
Holder Calls Heroin ODs "Urgent Public Health Crisis," Calls for Expanded Naloxone Access. US Attorney General Eric Holder Monday said the Justice Department was stepping up efforts to slow the increase in heroin overdose deaths. As part of that effort, he reiterated the administration's call for more law enforcement agencies to be equipped with the opiate overdose reversal drug naloxone (Narcan).
Pseudoephedrine Restriction Bill Introduced in Missouri House. Reps. Stanley Cox (R-118) and Kenneth Wilson (R-12) have filed a bill that lowers limits on the amount of pseudoephedrine-based medicines that people can purchase each month, sets an annual limit on purchase amounts, lowers the amount people can legally possess, and requires a prescription for anyone with a felony drug offense. House Bill 1787 is similar to legislation filed earlier this year in the Senate. That bill, Senate Bill 625, is currently before the Senate Judiciary Committee.
LEAP Proposes Amendment to UN Drug Treaties. Law Enforcement Against Prohibition (LEAP) has proposed an amendment to the UN drug treaties, the legal backbone of global drug prohibition. The amendment seeks to "eliminate the criminalization-oriented drug policy paradigm and replace it with a health, harm reduction, and human rights-oriented policy." The proposed amendment is accompanied by a letter to world leaders from LEAP executive director Neill Franklin. Read the amendment by clicking on the title link and sign onto it at the MoveOn.org link here.
Caricom Leaders to Debate Marijuana Legalization This Week. Leaders of the Caribbean Community (Caricom) trade bloc will discuss a preliminary report on decriminalizing marijuana and exploring its medicinal uses at a two-day summit beginning today on the Caribbean island of St. Vincent. The summit comes on the heels of a research report released last week by Caricom researchers that found such moves could help the region's sluggish economy.
Mexico Kills La Familia Cartel Leader -- Again. Mexican authorities are reporting that that they killed Nazario "El Mas Loco" (The Craziest One) Moreno in a shootout in Michoacan Sunday. The funny thing is that Moreno, one time leader of the La Familia Cartel, was also reported killed by authorities in December 2010. But his body was never found, and now government spokesmen say he was still alive and was acting as head of La Familia's replacement, the Knights Templar Cartel.
Oregon's medical marijuana dispensary regulation bill has gone back to the Senate with compromise language allowing only temporary local bans, a GOP US Senate candidate there says legalize it, Chuck Schumer fights heroin, Canada's Tories look to be going soft on pot law enforcement, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Alaska Legalization Debate Draws Hundreds. A week after the Alaska marijuana legalization initiative was officially certified for the ballot, hundreds of people streamed into the Wendy Williamson Auditorium at the University of Alaska in Anchorage for a debate on marijuana policy. In an opening speech, Ethan Nadelmann of the Drug Policy Alliance called the war on drugs "a rat hole of waste" and that marijuana prohibition was "grounded in bigotry, prejudice, and ignorance." Then a panel of five people, including Nadelmann, as well as an anti-legalization Project Sam representative, went at it. Click on the title link for more.
Another Missouri Legalization Initiative Approved for Signature-Gathering. Missouri Secretary of State Jason Kander approved a marijuana legalization initiative for signature gathering Wednesday. This is not one of the initiatives filed by Show-Me Cannabis, which had a bakers' dozen of similarly-worded initiatives approved earlier this year, but has decided to wait until 2016 for its effort. The initiative has a May 4 deadline for handing in petitions, and must obtain signatures from registered voters equal to 8% of the total votes cast in the 2012 governor's election from six of the state's eight congressional districts.
Maryland Sheriffs Rally Against Legalization. Local sheriffs attended a rally in Annapolis to voice opposition to proposed legislation to decriminalize marijuana in Maryland Wednesday. Sheriffs from the Eastern Shore and local police chiefs attended a rally sponsored by the Maryland Sheriff's Association and its supporters. The sheriffs are taking a stand against legalizing marijuana in Maryland, as lawmakers ponder a legalization bill.
Oregon GOP US Senate Candidate Endorses Legalization. Portland attorney Tim Crawley, who is seeking the Republican US Senate nomination, favors marijuana legalization. In a press release this week, he said he had "long been concerned with the tremendous waste of money and human potential the criminalization of marijuana has involved." In a subsequent interview, Crawley said he would support a legalization initiative in Oregon and if elected to the Senate, he would support removing marijuana from the controlled substances list.
Oregon House Passes Dispensary Regulation Bill With Only Temporary Local Bans. The statewide dispensary legalization and regulation bill, Senate Bill 1531, passed out of the House on Wednesday with a provision allowing localities to ban dispensaries, but only for a year while they develop regulations for them. The Senate has already passed a version without the temporary ban language, but is expected to accept this compromise language.
Florida CBD Medical Marijuana Bill Advances with House Committee Vote. A bill that would allow the use of high-CBD cannabis oil to treat seizure disorders passed the House Criminal Justice Subcommittee Wednesday. House Bill 843 now heads for the House Judiciary Committee.
South Carolina Medical Marijuana Bill Introduced. A bill to allow patients with specified diseases and conditions to use medical marijuana with a doctor's recommendation to use and grow their own medicine or purchase it at dispensaries has been introduced. House Bill 4879, filed by Minority Leader Rep. J. Todd Rutherford (D-Columbia, has been referred to the House Judiciary Committee.
Schumer Wants New York Heroin Database. US Sen. Charles Schumer (D-NY) called Wednesday for a standardized heroin database to fight crime and addiction related to the drug's use. "Data and information sharing drives solutions, and we're seriously lacking in that department," said Schumer. "All we know for sure is heroin is ravaging families across New York state." He called on the Office of National Drug Control Policy (ONDCP) to help set up a statewide "Drugstat" database to track heroin use patterns, hospitalizations, and overdoses, which he said could help police combat the drug.
California Informants Sue San Luis Obispo Over Rogue Narc. A civil lawsuit recently filed in federal court against the city and county of San Luis Obispo by two former confidential informants of disgraced narcotics detective Cory Pierce charges that Pierce allegedly forced the female informant to have sex with him. Pierce is currently serving a prison term for corruption. According to prosecutors in his federal trial, both informants aided Pierce in acquiring cash, oxycodone and heroin, and now allege that they were forced into indentured servitude, including being kept addicted to drugs and engaging in dangerous and illegal activities. According to prosecutors, Pierce used the informants to set up drug buys with local dealers, then later robbed them. The federal lawsuit alleges that Pierce used his position as a detective to force the woman into engaging in sex with him, including an act of oral copulation, and on another occasion, forced sexual intercourse. Click on the link for more sleazy details.
Canada's Tories Hint at Move Toward Ticketing Marijuana Possession Offenders. Conservative Justice Minister Peter Mackay said Wednesday that the government is seriously considering looser marijuana laws that would allow police to ticket anyone caught with small amounts of pot instead of laying charges, Justice Minister Peter MacKay said Wednesday. "We're not talking about decriminalization or legalization," MacKay said prior to the weekly Conservative caucus meeting on Parliament Hill. "The Criminal Code would still be available to police, but we would look at options that would... allow police to ticket those types of offenses." Liberal Party leader Justin Trudeau has called for legalization.
Vancouver Police Say They Won't Bother with Busting Dispensaries. All but a handful of medical marijuana dispensaries are supposed to be illegal after Canada's new medical marijuana law comes into effect April 1, but Vancouver police said Wednesday they are not going to bother them unless there are signs they are selling to people without a medical marijuana permit. "I don't think for now there is any plan to change the current drug policy that is in place to fit specifically with these changes," said Constable Brian Montague. "We don't have plans for massive raids on April 2nd."
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