Chronicle AM: Delaware Decriminalizes, Supremes Make Synthetic Convictions More Difficult, More (6/19/05)
The marijuana reform bandwagon rolls through Delaware, federal bills on opiates and racial profiling get filed, the Supreme Court issues an interesting decision on synthetic drug sales, and more.
[image:1 align:right caption:true]Marijuana Policy
Delaware Decriminalizes Marijuana Possession. With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults. The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor. Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.
Missouri Cannabis Conference Next Weekend. Missouri advocacy groups Show Me Cannabis and Missouri NORML are holding a joint conference beginning next Friday in Kansas City. Click on the title link for all the details.
Heroin and Opiates
Federal Bill to Deal With Opiate Use Filed. A bipartisan group of six House members Thursday filed HR 2805 as a multi-pronged effort to grapple with opiate and heroin use. Several other bills on the topic have already been filed. This one would increase prescription monitoring requirements, create an inter-agency task to develop best practices for pain management, create a grant program to increase the number of first responders carrying the opiate overdose reversal drug naloxone, and direct the drug czar's office to establish a public awareness program.
New Synthetic Drugs
Supreme Court Rules People Can't Be Convicted for Selling Synthetic Drugs If It's Not Clear They're Illegal. A unanimous US Supreme Court ruled Thursday that people cannot be convicted for selling synthetic drugs unless prosecutors prove they knew the drugs were prohibited by law. Stephen McFadden had been convicted of violating the Controlled Substance Analog Enforcement Act for selling "bath salts," and a federal appeals court ruled that trial court jury instructions saying he could be convicted if the jury found he intended the drugs for human consumption. But the Supreme Court disagreed, saying prosecutors must prove the defendant knew the substance was either a controlled substance or an analog. The case is McFadden v. United States.
Federal Racial Profiling Bill Introduced. Sen. Ben Cardin (D-MD) Thursday filed S 1610, which would eliminate racial profiling by police officers and promote accountability for state and local law enforcement. The bill also has provisions to eliminate sentencing disparities and promote reentry programs. It has not yet been assigned to a committee.
Marijuana's going to be legal in Oregon next month, and a new website will help explain things, the focus is on Gov. Cuomo now that an emergency access medical marijuana has passed the New York legislature, Vermont's top jailer comes out for decriminalization of drugs, and more.
[image:1 align:right caption:true]Marijuana Policy
With Legalization Looming, Oregon Regulators Launch Informational Website. The Oregon Liquor Control Commission has launched an educational website laying out what is and isn't allowed under the state's marijuana legalization law, which is set to go into effect July 1. Check it out at the link.
New York Early Access Medical Marijuana Bill Heads to Governor's Desk. A bill that would allow early access to medical marijuana passed the Senate Monday night after already being approved in the Assembly. The move comes as a year has gone by since Gov. Andrew Cuomo (D) signed the Compassionate Use Act into law, but not one patient has yet to be able to legally obtain any. This bill would provide expedited access to seriously ill patients.
Kentucky Legislators Ponder How to Spend $10 Million to Fight Heroin. Recently passed legislation allocated $10 million to fight heroin, and now legislators are trying to figure out where to put that money. Justice Secretary Michael Brown recommended spending it on jail treatment programs, mental health centers, transitional care for pregnant drug-using women, and faster prosecutions against heroin dealers. It will be up to the legislature to agree or not.
Vermont Corrections Commissioner Calls for Drug Decriminalization. Vermont Department of Corrections Commissioner Andy Pallito has said that drug possession should be decriminalized and the war on drugs declared a failure. "Possession of drugs for personal utilization -- if somebody is not hurting anyone [else], that should not be a criminal justice matter," Pallito said. "I don't think anybody can say that putting somebody with an addiction problem through the corrections system is a good idea. We should go to the Portugal model, which is to deal with the addiction and not spend the money on the criminal justice system," Pallito said. "We spend so much money on corrections that could be done differently. The only way to do it is spend less on corrections and more on treatment." There's much more at the link.
Putin Opposes Drug Legalization. Russian President Vladimir Putin said Wednesday he opposed drug legalization. "Of course, we must take into consideration in our current work that a range of governments have begun a true campaign on the legalization of certain types of narcotics, or so-called recreational drugs. We, of course, are against such approaches and this point of view needs to be more actively moved forward on all international platforms," Putin said during a government council meeting.