Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: MedMJ Moves in NJ, PA; Initiative News from CA, MS, OH; Pot Sentencing Reform in LA, More (6/30/15)

It looks like ResponsibleOhio will qualify for the November 2015 ballot, activists in California and Massachusetts move forward with their initiative campaigns, the New Jersey legislature passes a bill to let sick kids use CBD cannabis oil in school, and more. 

Initiative season is upon us. (reformca.com)
Marijuana Policy

California Legalization Initiative Okayed for Signature-Gathering. The Responsible Use Act has been cleared for signature-gathering. It has 180 days to collect 365,880 valid voter signatures, according to Secretary of State Alex Padilla. The act is one of four legalization initiatives that have been filed so far this year; a fifth is expected to drop later this summer. This act would set a retail tax of $8 an ounce on dried buds.

Louisiana Governor Signs Marijuana Sentencing Reform Law. Gov. Bobby Jindal (R) has signed into law a bill that would reform the state's marijuana sentences—the harshest in the nation. First time possession was punishable by up to six months in jail; now the maximum will be 15 days. Second offense possession was a felony punishable by up to five years in prison; now it's a misdemeanor punishable by six months. Third time was punishable by up to 20 years; now it remains a felony, but the max is only two years.

Massachusetts Activists Release Second Draft of Legalization Initiative. Bay State Repeal has submitted a second draft of its legalization initiative for informal review by the state attorney general's office. The current draft of the Marijuana Regulation and Tax Act would legalize the possession and cultivation of marijuana by adults 21 and over and envisions a system of taxed and regulated marijuana commerce. The Bay State Repeal effort is one of two potential legalization initiatives; the other is supported by the Marijuana Policy Project.

Ohio Legalization Initiative Turns In Twice the Number of Needed Signatures. The controversial but well-financed initiative to create an oligarchy of sanctioned commercial marijuana growers as part of overall legalization scheme turned in more than 695,000 voter signatures today. ResponsibleOhio only needs 305,000 valid signatures to qualify for the November 2015 ballot. At least two other groups are seeking signatures to qualify for the November 2016 ballot.

Medical Marijuana

New Jersey Legislature Approves Bill Allowing Sick Kids to Use CBD Cannabis Oil in School. The state Senate Monday approved the bill; an identical version had already passed the House. Now it's up to Gov. Christ Christie (R) to sign it.

Compromise Medical Marijuana Bill Filed in Pennsylvania. Rep. Ron Marisco (R-Dauphin) and several cosponsors have filed House Bill 1432, which would allow for the limited use of medical marijuana. The move comes as a measure that passed the Senate, Senate Bill 3, has been stuck in the House.

New Synthetic Drugs

DC City Council Considers Harsher Penalties for Synthetic Drugs. The council is set to consider emergency legislation that would allow the DC Metro Police chief to temporarily close businesses that sell synthetic drugs. The move comes after the city has seen a spike in overdoses and bad reactions linked to the new synthetics. The measure would let the city close businesses for up to four days and fine them up to $10,000.

Chronicle AM: First DE Dispensary Opens, OR Pot Legalization Starts Wednesday, More (6/29/15)

Marijuana becomes legal in Oregon this week (except for sales), Washington's legislature moves to modify pot legalization there, Delaware becomes the latest state to see dispensaries arrive, the policy folks at Rice University's Baker Center have a new drug policy report out, and more. 

Rand Paul will make history tomorrow--the first presidential candidate to seek pot industry funding. (senate.gov)
Marijuana Policy

Rand Paul to Fundraise at Marijuana Industry Event in Denver Tomorrow. The Kentucky Republican junior senator will become the first presidential candidate ever to seek funds from the marijuana industry when he appears at the Cannabis Business Summit in Denver tomorrow.

Oregon Legalization Goes Into Effect Wednesday, But No Sales Yet. Beginning July 1, adults 21 and older will be able to legally possess up to 8 ounces of marijuana in their home and up to 1 ounce of marijuana outside their home. Adults may also grow up to four plants as long as they are out of public view. The regulatory structure allowing for commercial retail sales is still in the works and will not be implemented until next year--or, at best, later this year.

Washington House Passes Legalization Changes. Last Friday, the House approved House Bill 2136, which changes several features of the state's voter-approved legalization scheme. The bill replaces the three-tier tax structure with a single 37% retail excise tax. It was also amended last Friday to eliminate language that would have required a vote of residents before towns or counties could ban licensed pot businesses. The bill now moves to the state Senate.

Medical Marijuana

Delaware's First Dispensary is Open for Business. The First State Compassion Center opened last Friday in a Wilmington industrial park. This is nearly four years after the legislature approved them, but the process was stalled when Gov. Jack Markell (D) backed away in the face of federal threats. Finally, Delaware's patients have a legal place to obtain their medicine.

Drug Policy

Baker Institute Report on Drug Policy Calls for New Paradigm. The policy experts at Rice University's Baker Institute for Public Policy are calling for a new paradigm in drug policy—one that doesn't rely almost exclusively on punishment. "The core strategies of the US war on drugs are eradication, interdiction and incarceration,” said William Martin, the institute’s director of drug policy studies. "After a 40-year and trillion-dollar effort, illicit drugs remain available to meet a remarkably stable demand,” Martin said. The report is Rx for a US Drug Policy: A New Paradigm.

Criminal Justice

Federal Bill to Undo "Over-Criminalization" Filed. Rep. James Sensenbrenner (R-WI) and 21 bipartisan cosponsors have filed HR 2944 "to improve public safety, accountability, transparency, and respect for federalism in the federal criminal law by applying the findings of the Over-Criminalization Task Force and evidence-based reforms already made in some states…" It has been assigned to the House Judiciary and House Energy and Commerce Committees.

International

Peru Ends 30-Year State of Emergency in Northern Coca-Growing Area. President Ollanta Humala announced last Saturday that the government is lifting a state of emergency imposed on the Alta Huallaga coca growing region. The announcement came the same day the government said it had captured the logistics chief of the Shining Path rebels in the area. States of emergency still exist in other coca-growing areas where the Shining Path remains a presence. At least 69,000 people were killed in the Shining Path insurgency in the 1980s, and the group remains active, although diminished, and active in the coca and cocaine trade.

Uruguay Rejects UN Criticism on Marijuana Legalization. Juan Andres Roballo, head of Uruguay's National Drug Board, said last Thursday he will present a report to the UN High Commissioner on Human Rights defending his country's decision to regulate marijuana markets. "We won't go back," he said. "Uruguay has embarked on a different path. Not only have we made proposals, we have also taken effective, concrete measures in a different sense."

Bermuda Poll Finds Rising Majority Support for Marijuana Law Reforms. Nearly eight out of 10 Bermudans want marijuana either decriminalized or legalized, up from seven out of 10 last year, according to a new Profiles of Bermuda poll. Almost 40% supported decriminalization number, and another 40% supported outright legalization. The number of people who want pot prohibition on the island to continue dropped from 27% to less than 20%. Click on the link for more poll details. 

 (This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: PA MedMJ Bill Moves, OR Early Pot Sales Possible, Global Anti-Drug Day Protests, More (6/26/15)

Oregon legislators are working to move up legal pot sales, Pennsylvania's long-stalled medical marijuana bill moves under pressure, the state will also move to address asset forfeiture reform, and Global Anti-Drug day sparks death sentences in China, protests around the world. 

It's the UN's International Day Against Drug Abuse and Illicit Trafficking. There's a new report, and protests, too. (unodc.org)
Marijuana Policy

Key Oregon Committee Approves Early Marijuana Sales. Marijuana becomes legal in Oregon next week, but the state Liquor Control Commission says it will take until the second half of 2016 for it to be ready to allow pot shops to open. The legislature thinks that's too long, and Thursday, members of the House-Senate marijuana committee voted to approve a measure that would allow sales to begin October 1. Buyers would be limited to a quarter-ounce of buds per day, and they could also buy seeds and clones, but edibles or concentrates wouldn't be allowed. The measure must still pass the legislature and be signed into law to go into effect.

Rhode Island Legislative Session Ends, But Legalization Bill Still Alive. The session recessed Thursday, but a marijuana legalization bill, Senate Bill 510, remains alive because lawmakers have signaled they may call a special session to deal with pending bills

Medical Marijuana

Pennsylvania House Health Committee Unanimously Approves Medical Marijuana Bill. The House Health Committee voted unanimously today to approve Senate Bill 3, which would allow seriously ill Pennsylvanians to access medical marijuana with recommendations from their doctors. The bill will now go to the House Rules Committee for further consideration. The bill had been bottled up by the committee chair, but a vote was allowed after Rep. Nick Miccarelli (R-Ridley Park) filed a discharge petition that would have put it before the House for a floor vote. The bill passed the Senate in May.

Asset Forfeiture

Pennsylvania Civil Asset Forfeiture Reform Push Coming. A bipartisan group of lawmakers joined a coalition of conservatives and civil libertarians this week to push for a legislative overhaul of the state's civil asset forfeiture laws. The coalition is known as Fix Forfeiture. "Asset forfeiture can be a critical tool for law enforcement to combat criminal activity," said Holly Harris, Fix Forfeiture’s senior project director. "But it’s also a tool that can be abused, entangling innocent property owners with the costly and often bizarre task of having to prove their property ‘innocent’ of criminal activity. Fix Forfeiture will work with a bipartisan group of lawmakers to pass the reform legislation introduced by Sen. Folmer and Rep. Cox to ensure the property and due process rights of innocent citizens are protected." That legislation is Senate Bill 869.

International

On the UN's Global Anti-Drug Day, Civil Society Fights Back. The UN Office on Drugs and Crime (UNODC) today released its 2015 World Drug Report as the organization marked the International Day Against Drug Abuse and Illicit Trafficking, but civil society groups around the world used the occasion to take to the streets to demand an end to the global drug prohibition regime. Click on the link for much more.

Vancouver's Cannabis Day Will Go On Despite City's Wishes. Marc and Jodi Emery, the long-time organizers of Vancouver's July 1 Cannabis Day celebrations, say the event will go despite a cease and desist letter from the city. The event needs to be permitted, the city says. "People say get a permit that is not something we’ve done for 21 years, you can’t issue a permit for people to sell pot and smoke marijuana all day, there is no permit that allows that," Emery rejoined.

China Sentences 13 Drug Offenders to Death in Public Rally. A crowd of 10,000 in Lufeng in the southern province of Guangdong watched as Chinese officials sentenced 13 drug traffickers to death and 8 more to suspended death sentences. The sentences came on the UN's International Anti-Drug Day amid a Chinese campaign to rally support for crime crackdowns. 

On the UN's Global Anti-Drug Day, Civil Society Fights Back [FEATURE]

The UN Office on Drugs and Crime (UNODC) today released its 2015 World Drug Report as the organization marked the International Day Against Drug Abuse and Illicit Trafficking, but civil society groups around the world used the occasion to take to the streets to demand an end to the global drug prohibition regime.

The report itself was relatively anodyne by UNODC standards, noting that illicit drug was "stable," with around 250 million people having used illegal drugs in the previous year. There was "little change in the overall global situation regarding the production, use and health consequences of illicit drugs," the UNODC noted.

The annual report did make note of deleterious consequences related to drug prohibition—including high overdose death rates and health consequences, as well strengthening terrorist and organized crime networks—but failed to acknowledge the role of prohibition in creating and aggravating the very problems it claims to address.

Global civil society took it upon itself to rectify that omission. Led by the International Drug Policy Consortium, dozens of groups mobilizing thousands of people marched or otherwise took action in at least 150 cities worldwide as part of the Support, Don't Punish global advocacy campaign. Support has more than tripled since 2013, when 41 cities participated.

"On the 26th June, thousands of people in over 150 cities will take part in a global day of action for the Support. Don’t Punish campaign. The campaign is a global show of force to say enough is enough – it’s time to end the wasteful and damaging war on drugs," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC).

"Governments need to wake up," declared Idrissa Ba, Executive Director of the Association Sénégalaise pour la Réduction des Risques Infectieux chez les Groupes Vulnerables (ASRDR) and member of the West African Commission on Drugs. "In the last year we’ve spent another $100 billion on fighting the drug war, and yet again we’ve seen no change, but the human cost in terms of lives lost, new HIV infections or the forced detention of people who use drugs is immeasurable. Doing the same thing over and over and expecting a different result, isn’t that the definition of madness?” 

In New York City, people from groups including the Drug Policy Alliance, Students for Sensible Drug Policy, the Harm Reduction Coalition, National Advocates for Pregnant Women, Espolea, México Unido Contra la Delincuencia, and Transform met an UN headquarters to demand reforms in the broken global drug prohibition system.

In Washington, DC, another march went from the State Department to the White House to demand that the Obama administration take stronger steps to bring about an end to global drug prohibition and the human rights abuses committed in its name, including the resort to the death penalty for drug offenses.  

"The purpose of 'Support, Don't Punish' is not only to spread global awareness about the failures of prohibition, but to demand that world leaders place human rights at the forefront of any conversation around global drug trafficking," said Jake Agliata, regional outreach coordinator for Students for Sensible Drug Policy, an organization with chapters on hundreds of campuses worldwide and which coordinated the DC march. "Executing people for nonviolent drug offenses is not acceptable, and the State Department should take steps to ensure that our tax dollars never contribute to this archaic practice."

"The World Drug Report has dutifully laid out what some of the key harms of the current system are. But the report fails to note that the system itself is a cause of those harms, not a solution for them," said David Borden, executive director of StoptheDrugWar.org, cosponsor of the DC march. "Prohibiting drugs sends both use and the trade in drugs into a criminal underground, generating untold profits for drug lords and causing terrible harms to many users. We were at the State Department today because we think the US should get behind efforts to reform the UN drug conventions. It doesn't make sense to maintain a treaty structure that is based on prohibition while the U.S. and other countries are taking steps toward legalization."

The death penalty for drugs is under attack. Here, Iran executes drug offenders. (handsoffcain.info)
The day of action is intended to help frame the debate in advance of a UN General Assembly Special Session on Drug scheduled for next April, where countries have the opportunity to revise international treaties that threaten to stand in the way of reforms such as marijuana legalization and harm reduction measures like syringe exchange.

Last month, a coalition of more than 100 organizations, including the American Civil Liberties Union and Human Rights Watch, released a sign-on letter calling on nations to begin the process of revising the drug control treaties. The letter is online here

A full list of events from Friday's global day of action is available here. Actions were set to ttake place in Australia, Brazil, Egypt, India, Mexico, Nigeria, Russia, Thailand, Ukraine, the United Kingdom, and the USA – as well as in Argentina, Belgium, Benin, Bolivia, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Colombia, Costa Rica, Denmark, France, The Gambia, Georgia, Ghana, Greece, Hungary, Indonesia, Ireland, Ivory Coast, Jordan, Kazakhstan, Lebanon, Liberia, Lithuania, Macedonia, Malawi, Malaysia, Mali, Moldova, Montenegro, Myanmar, Nepal, New Zealand, Niger, Norway, Philippines, Poland, Portugal, Puerto Rico, Romania, Serbia, Senegal, Sierra Leone, Slovakia, Spain, Switzerland, Tajikistan, Tunisia, Uruguay, Uzbekistan and Zimbabwe.

It's Full Speed Ahead for Pot Legalization in California Next Year [FEATURE]

This article was written in collaboration with AlterNet and first appeared here.

On June 14, more than 200 people gathered at the Sebastopol Grange for a fundraiser and organizing meeting of  local pot growers, the Sonoma County Growers Association. They were being mentored by their northern neighbors from Humboldt, Mendocino, and Trinity counties, the Emerald Growers Association, which already has lobbyists in Sacramento and is in the middle of the effort to legalize weed in California next year. The Emerald Triangle is the largest marijuana growing area in the country's largest marijuana producing state.

Two days later, more than a hundred people met in a conference room at the Oakland Marriot City Center to plot the intricacies of producing a statewide marijuana legalization initiative. For several hours, attendees—dispensary operators and employees, small growers, not-so-small growers, patients, consumers, interested citizens, even a nun—offered their input on a rapid-fire but seemingly endless array of issues related to legalization and how it should occur:

Who can grow it? How much? Where? Who can grow it commercially? Should there be tiered licensing to ensure small operators have a chance? Who can sell it? Can cities and counties opt out? Who should regulate it? How should it be taxed and how much? Where should the revenues go? Should there be amnesties or expungements of records? Should employees be protected from being fired for smoking on their own time? Should there be protections from child welfare services or family courts? Does impaired driving need to be addressed? What about medical marijuana? Should existing businesses get a priority?

The complexities of knitting together a legalization initiative that will satisfy the community's already well-developed interest groups become apparent. But the process is nearing its end, and, it is hoped, a repeat of the movement infighting that accompanied 2010's failed Prop 19 effort can be avoided. 

The Bay area events are nothing unusual in California this year. Pot politics is in the air. There is a lot at stake for the existing medical marijuana system as the legislature tries again to agree on a statewide regulation scheme, but beyond that, there's the whole issue of outright legalization, and that's going to come to a head in the months leading up to November 2016.

That's because Californians are extremely likely to have a chance to vote directly to approve legalization then and quite likely to do so. Polls this year are coming in with support for legalization above 50%, although not enough above for anyone to think it's going to be a slam dunk. Four legalization initiatives are already at the state attorney general's office awaiting circulating titles and summaries, while a fifth, and the one most likely to actually qualify for the ballot, is set to drop sometime this summer.

Four states and the District of Columbia have already beaten California in the race to Promised Land of legal weed (much to the chagrin of California activists), but if and when the state goes green, that could be the death knell for pot prohibition. In one fell swoop, 15% of the entire country will have legalized it--and that's not even counting other states also likely to legalize it the same day, including Maine, Massachusetts, and Nevada. When the nation's most populous state does something, the rest of us take notice.

ReformCA activists are beating the bushes. (reformca.com)
Enforcing marijuana prohibition constitutes about half of all the resources--state, local, and federal--devoted to the war on drugs. When a state as large as California rejects pot prohibition, that begins to call into queston the entire drug war model, and the resources devoted to it. Legalizing in California will have ramification far beyond the state's borders. 

The initiative everyone is waiting on is from the California Coalition for Cannabis Policy Reform, the group that organized the Oakland meeting—and 13 others just like it among stakeholders in every corner of the state. The coalition, also known by its web address, ReformCA, is working with a number of state and national organizations to get a broadly-backed legalization initiative on the ballot.

ReformCA's state supporters include California NORML, the California Cannabis Industry Association, the Emerald Growers Association, the Greater Los Angeles Collective Alliance, Oaksterdam University, and the state chapter of the NAACP. Its national allies include such deep-pocketed groups as the Drug Policy Alliance (DPA) and the Marijuana Policy Project, as well as Americans for Safe Access, Students for Sensible Drug Policy, Law Enforcement Against Prohibition, and the United Food & Commercial Workers.

"We're definitely working in coalition with a lot of organizations, including criminal justice and public health organizations," said Amanda Reiman, DPA's manager for marijuana law and policy. "They agree that legalization is the right step; that we need to regulate it. There seems to be a fair amount of unity there."

The ReformCA public forums were a deliberate way to "hear from the marijuana base," said Reiman. "They have ideas, and those come back to the coalition, but that is only a small piece of the puzzle. We've also been meeting with people who don’t come at it from a consumer or industry perspective—medical, law enforcement, public health. They have an interest in this, too; we all have a vested interest in a sound regulatory structure."

North Bay cannabis defense attorney Omar Figueroa has a hand in a couple of other initiatives that have already been filed, the California Craft Cannabis Initiative and the Marijuana Control, Legalization, and Revenue Act of 2016. Based in Sonoma County, just south of the Emerald Triangle, he's attuned to the interests of small growers, and both initiatives reflect that.

Both have provisions for marijuana cultivation licensing schemes that would leave room for the area's traditionally family-sized operations, designated "craft growers" in one and "artisan cultivators" in the other. Small-scale operations would be able to buy cultivation license for far less than operations large enough to be designated "commercial."

Whether the initiative campaigns end up folding themselves into the ReformCA campaign remains to be seen.

"The craft cannabis initiative is there for discussion purposes; I'm releasing the meme into the wild," said Figueroa. "But the other one actually has some funding behind it. It'll probably end up unifying with what ReformCA comes up with—if it's palatable."

Figueroa has his druthers and he has his bottom line.

"I'd prefer that medical marijuana be untaxed or less taxed, and I'd prefer that regulation be done by a transparent elected body like a cannabis commission," he said. "And it would be nice if existing growers got priority licensing or some sort of head start, but at a minimum would be recognizing appellations. California has world famous cannabis appellations. No one's ever heard of Denver or Boulder bud; it doesn't have that branding that Humboldt or Mendocino does.

But in the end, he's looking for an initiative that is "create no new crimes and legalizes personal cultivation."

ReformCA and the other initiative proponents aren't even the only game in town when it comes to marijuana policy reform. Their efforts are going on parallel to the work of the Blue Ribbon Commission on Cannabis Policy, led by pro-legalization Lt. Gov. Gavin Newsom (D) and the ACLU of Northern California, which will issue a much-anticipated report on July 7.

While not explicitly pro-legalization itself, the commission was formed out of the expectation that legalization is coming and in an effort to and is identifying policy issues and solutions related to dealing with it. Its membership consists of policymakers, public health experts, and academics, and its report will include input from important groups not necessarily friendly to change, such as the California Police Chiefs Association.

Waiting for the commission report is one of two things slowing the completion of the ReformCA initiative, sound Dale Gieringer, longtime head of Cal NORML, as well as a spokesman for the coalition.

"The biggest one is whether the legislature will implement a comprehensive medical marijuana regulation system this year or not, and what it would look like," he said. "But it looks like they will pass Assembly Bill 266, which is basically a multi-agency approach. I think we now have a good idea of where the legislature is headed and a solution to the problem of regulation."

The other thing is the Blue Ribbon Commission report.  

"I suspect we'll see a draft shortly thereafter, but I can't guarantee that. It may take another four to six weeks of working out," Gieringer said. "Several drafts have been circulated, and we're waiting for something from the Drug Policy Alliance, with the advice of a bunch of other people who've been consulted. But nothing has been finalized."

The clock is ticking, but the only real hard deadline facing initiatives is, ironically enough, April 20. That's when signatures have to be in if they want to make the 2016 ballot.

Still, the sooner the better. Initiatives need 585,000 valid voter signatures to qualify for the ballot, which means they better have a minimum of 800,000 or even more to account for the inevitable disqualified signatures. It also means initiatives don't manage to get on the ballot without a paid signature-gathering campaign, and the less time they have, the more they have to pay. Budget $1 or $2 million just to get those signatures.

"We could file as late as November or December," said Gieringer. "It just costs more. If we were ready now or even next month, that would give us maximum time to do everything, but it looks like it's going to be a rush."

Funding will appear, supporters said, but they are going to need a lot. The 2010 Prop 19 initiative campaign raised and spent $5 million for advertising and get-out-the-vote efforts, and that wasn't enough. California is a huge and expensive series of media markets, and organizers are thinkng they will need to spend somewhere between $10 and $20 million to ensure victory. 

The traditional deep pocketed sources of drug reform funding—the Drug Policy Alliance and its PACs, the Marijuana Policy Project and its PACs, the Peter Lewis estate—have not yet committed serious money, but they are watching with great interest.

DPA's Reiman would say little about funding, except that "the money is out there, and we're just going to have to see. Right now, we're doing our due diligence."

"I'm confident we can get the money, there are large pledges sitting on the sidelines ready to get in once signature collection starts," Gieringer said. "And there are some promising leads, although the industry itself has been very disappointing. They're quick to suggest things to make it more profitable, but not so quick to put up the money."

One exception is Weedmaps, the dispensary-locater app. The Orange Count company announced in April that it had donated $1 million to a campaign committee called Californians for Sensible Reform, which will support what it thinks is the strongest legalization measure on the ballot. Weedmaps is also throwing another million bucks into a PAC of the same name that will spend it supporting weed-friendly candidates.

California is a large, complicated state. Even its marijuana movement is large and complicated, not to mention factoring in the interests of the much, much larger non-marijuana community. Whether all the moving parts can fit together in a measure that can win at the ballot box next year is an unanswered question, but Reiman sounds confident.

"Coming up with the details is where the difficulty is, and there's always something to disagree about, but we're coming at this with such strong support, we've got the Blue Ribbon Commission, that's more academic and political weight behind this than ever before," she said. C

CA
United States

Chronicle AM: Vancouver Regulates Dispensaries, Albanian Pot Clashes, OR Pot Bill Advances, More (6/25/15)

You can listen in on the marijuana conversation in California, there's more Ohio pot legalization news, the Oregon House has passed a marijuana regulation bill, Vancouver decides to regulate its dispensaries, and more.

Vancouver dispensaries like the Green Panda will now be regulated by the city. (yelp.ca)
Marijuana Policy

Drug Policy Alliance Releases Videos of Three Marijuana Symposia in California. In an effort to educate the public and discuss pressing issues related to the legalization of marijuana in California in 2016, the Drug Policy Alliance held three symposia, each focusing on a different aspect of marijuana regulation. Videos from those symposia are now available online to view for free. The first symposia, held in Los Angeles, addressed issues related to marijuana use and public health. The second symposia, held in Oakland, addressed the social and racial justice issues related to legalization, including the modification of criminal penalties for marijuana, and the impact that prohibition has had and legalization might have on communities typically targeted by the War on Drugs. The final symposia, held in Eureka, focused on the impact that marijuana prohibition has had on the environment, and the ways in which this damage can be addressed via the regulation of marijuana cultivation. Click on the link to see the videos.

Ohio House Approves Measure Aimed at Blocking Legalization Initiative. The House voted 81-12 Wednesday to put a question before voters this November that could derail the ResponsibleOhio legalization initiative that will likely appear on the same ballot. It now goes to the Senate. The lawmakers are pushing a constitutional amendment that would block attempts to use the state constitution to create monopolies, as was the case with a casino initiative a few years ago and is the case with the ResponsibleOhio initiative, which would limit commercial grows to 10 investors who have already paid into the campaign.

Another Ohio Legalization Initiative Approved for Signature-Gathering. A legalization initiative sponsored by Ohioans to End Prohibition has been certified by the Ohio Ballot Board and can now begin signature gathering. Petitioners will now have to gather 306,000 vote signatures to appear on the ballot, most likely next year.

Oregon House Passes Marijuana Regulation Bill. The House Wednesday sweepingly approved House Bill 3400, a 127-page bill put together by members of joint legislative marijuana committee. It would impose new limits on medical marijuana growers, make it easier for the state's conservative eastern counties to opt out of legal sales, and reduce penalties for many of the state's remaining marijuana offenses. The bill now heads to the Senate. Marijuana becomes legal in Oregon as of next week, but sales are unlikely to start until next year.

Medical Marijuana

Massachusett's First Dispensary is Open for Business. The Alternative Therapies Group has opened the state's first dispensary in Salem. It only took three years once voters approved medical marijuana in 2012.

International

Vancouver Approves Regulation of Medical Marijuana Dispensaries. Ignoring the angry protests of the federal government, Vancouver city councilors voted Wednesday to regulate and license the estimated 100 dispensaries operating in the city. Dispensaries will have to pay a $30,000 license fee, and some will have to move or close because the regulations also bar them from operating within a thousand feet of schools, community centers, or other dispensaries.

Albanian Marijuana Growers in Armed Clashes With Police. At least one police officer has been killed and two wounded in fighting between police and pot growers in the town of Lazarat, known as the "cannabis kingdom" for its industrial-scale marijuana production. More than 400 police, supported by army helicopters, have surrounded the town, where they say at least 21 members of an armed group are holed up. The same thing happened last year, when police clashed with armed groups for a week before managing to take control of the town. Italian police estimate the town produces 900 tons of pot annually. 

YOU Are Needed in Tomorrow's Global Day of Action for Drug Reform!

Tomorrow, Friday, June 26, join with organizations around the world in the annual "Support. Don't Punish" Global Day of Action. If you are in Washington, DC please demonstrate with us at the US State Department and the White House Friday morning!

Support Don't Punish is an international advocacy campaign intended to raise awareness of the harms being caused by the war on drugs. The campaign aims to promote drug policies that respect human rights and protect public health, to change laws and policies that impede access to harm reduction interventions and other evidence-based services, and to end the criminalization of people who use drugs. Visit www.supportdontpunish.org for further information about the campaign. June 26 is also the United Nations' International Day Against Drug Abuse and Trafficking, and Support Don't Punish is the reform movement's global response.

Whether you live near an event location or not, or have to time to get to one, there are important ways that you can contribute to the Day of Action:

selection from the 2014 Support Don't Punish photo project

  1. Promote Support. Don't Punish. on social media. A social media guide for the Day of Action is online here. It includes actions you can take both today and tomorrow.
  2. Participate in the interactive Photo Project. This could be as simple as printing out the Support. Don't Punish. sign and taking a picture with it and sending in, or you can get a group together or do something creative. Click on the link to view examples, and please send us copies of your photos too.
  3. Attend an event -- especially ours here in Washington! There's another demonstration outside the UN in New York, and there's a full global list of all announced events published here.
  4. Sign up today for the Support. Don't Punish. "Thunderclap" -- a web site that you can authorize to post a Support. Don't Punish. message to your Facebook and Twitter accounts. All participants' messages will be posted by Thunderclap at the same time tomorrow, to make a splash and get people's attention.

Click here for the latest update from the Support. Don't Punish. campaign, and visit www.supportdontpunish.org for further information.

This Week's Corrupt Cops Stories

Two southern sheriff's deputies and a New England jail guard make the dishonor roll this week.

In Tazewell, Tennessee, a former Claiborne County sheriff's deputy was arrested last Thursday on charges he solicited bribes to make drug and weapons charges go away. Robert Glenn Chadwell was caught red-handed taking $2,000 from a man and asking for more as part of an agreement to not charge him. He has been arrested on unspecified charges, and is now out of jail on a $500,000 bond.

In Mobile, Alabama, a former Mobile County sheriff's detective was arrested Monday for stealing drugs from investigations he was assigned to. Clifton Wayne Holifield went down after an internal investigation found he was pilfering "relatively small" amounts of pills for his own use. He had resigned last November, just after the investigation began. He faces 12 counts of second-degree theft of property.

In Central Falls, Rhode Island, a former Central Falls jail guard was sentenced last Friday to three years' probation and 300 hours of community service for delivering pills and pornography to an inmate at the Wyatt Detention Center. Scott Denton, 32, copped to one count of bribery.

Medical Marijuana Update

Massachusetts finally sees its first dispensary, the White House removes a barrier to marijuana research (although others remain), a Delaware kids' CBD cannabis oil becomes law, California stays busy, and more.

Global

Last week, the Dalai Lama endorsed medical marijuana. Speaking at a an event in Guanajuato, Mexico, the spiritual leader of Tibetan Buddhism said he supported the use of marijuana for medical purposes. Speaking in response to a question about legalizing marijuana, the Dalai clarified that he opposed its recreational use, but using it medicinally would be "the exception."

National

On Monday, the White House removed a crucial barrier to marijuana research. The Obama administration announced it is ending a major impediment to marijuana research, the Public Health Service review. That hurdle, created under the Clinton administration, required all applications for marijuana research to undergo an individual review, slowing down marijuana research and making it more difficult to study than heroin or cocaine. More hurdles remain, though.

On Wednesday, the US Senate Caucus on International Narcotics Control Took Up CBD. The caucus, generally composed of old school drug warriors, somewhat surprisingly examined issues around access to CBDs, focusing on barriers to research and potential medical benefits.

California

Last Thursday, a Santa Cruz County initiative to overturn a cultivation ban qualified for the ballot. Now, county supervisors must either repeal the ban themselves or give voters the opportunity to do so. The county's ordinance banned commercial grows and limited personal grows to 100 square feet. If supervisors don't act, it could be on a June 2016 election ballot, or supervisors could call a special election.

Also last Thursday, the San Diego Planning Commission okayed a sixth dispensary. The dispensary is set to operate in Mira Mesa. The first approved dispensary in the city opened in Otay Mesa in March. San Diego allows for up to four dispensaries in each city council district.

Last Friday, a judge in Santa Ana denied a request to freeze the dispensary permitting process despite accusations that the process was unfair. That means the city can go ahead with permitting up to 20 dispensaries.

On Monday, the medical marijuana organ transplant bill passed the legislature. The bill would bar health care providers from denying access to organ transplants based solely on the patient's medical marijuana use. Assembly Bill 258 now awaits the governor's signature.

Also on Monday, a Mendocino County initiative to create a marijuana commission failed to qualify for the ballot. Proponents needed 5,004 valid signatures to qualify, but only came up with 2,797 raw signatures.

On Tuesday, Redding officials signaled that they will extend a dispensary moratorium for another year. Zoning Board officials said they would vote Wednesday night to extend the moratorium.

Delaware

On Tuesday, the governor signed a CBD cannabis oil for kids bill into law. Gov. Jack Markell (D) signed into law Rylie's Law, named after a Delaware youth who suffered from epileptic seizures. The law will allow physicians to recommend the use of CBD cannabis oils for epileptic children who do not respond to other treatments. The oil will only be available at medical marijuana dispensaries, the first of which opens Friday.

Massachusetts

Last Friday, the state's first dispensary was approved to sell medical marijuana. The Alternatives Therapy Group in Salem is ready to start selling to patients after winning a temporary waiver from state testing guidelines widely viewed as too strict. The Department of Public Health has said it will reconsider the standards. The dispensary is one of four in the state that have started growing their own supply, and is the furthest along. It opened on Wednesday.

New Jersey

On Monday, a bill to allow sick kids to use CBC cannabis oil at school was filed. Assemblymembers Pamela Lampitt (D-Camden) and Lou Greenwald (D-Camden) filed a bill that would allow children to use CBD cannabis oil at school. The bill would require parents or a designated adult to come to the school and administer the oil. The measure is Assembly Bill 4587.

New York

On Monday, an early access medical marijuana bill passed the legislature. 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.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Federal OD Prevention Bill, OH Pols Gun for Marijuana Initiative, More (6/24/15)

Ohio politicians move to undercut a marijuana legalization initiative, South Florida heads toward marijuana decriminalization, Delaware's governor signs a kids' CBD cannabis oil bill, Louisiana's governor signs an overdose prevention bill, federal lawmakers file an overdose prevention bill, and more.

The 45th annual DC Smoke-In will take place on the 4th of July. (smoke-in.us)
Marijuana Policy

Ohio House Panel Approves Measure That Could Block Legalization Initiative. A House committee Tuesday approved a resolution that could block a marijuana legalization initiative that appears to be poised to make the ballot. If approved by the legislature, the resolution would place an initiative on the November ballot that would bar amending the constitution through ballot measures that provide direct economic benefits to a few people or create monopolies. That is precisely the model adapted by ResponsibleOhio, whose initiative would allow only 10 commercial grows linked to investors in the campaign. Legal questions that could be tested if both initiatives are approved by voters are whether the ResponsibleOhio initiative will be invalidated if the amendment reform resolution gets more votes; whether it will be invalidated if amendment reform passes but with fewer votes; or whether the legalization provisions might be "severable" under Ohio law, and take effect, with only the monopoly provisions being invalidated.

Florida's Palm Beach County to Explore Relaxing Pot Penalties. Palm Beach County officials Tuesday night agreed to explore decriminalizing the possession of small amounts of marijuana. Officials cited a clogged court system and the problems that arise for people after a marijuana arrest. Neighboring Miami-Dade County officials are pondering a similar move, and so is nearby Broward County.

DC Smoke-In Will Celebrate 45th Anniversary July 4. The 45th annual DC Smoke-In is set for the 4th of July, and organizers are calling on all smoke-in alumni to return to DC for the rally, march, and concert. You might be able to legally possess a joint in the nation's capital, but federal prohibition still obtains. Click on the link for event details and more.

Medical Marijuana

Delaware Governor Signs CBD Cannabis Oil for Kids Bill Into Law. Gov. Jack Markell (D) Tuesday signed into law Rylie's Law, named after a Delaware youth who suffered from epileptic seizures. The law will allow physicians to recommend the use of CBD cannabis oils for epileptic children who do not respond to other treatments. The oil will only be available at medical marijuana dispensaries, the first of which opens Friday.

Drug Policy

New York City Council Ponders Bill to Shift Drug Policy Toward Public Health and Safety. The council is considering a measure to create an Office of Drug Strategy, which would coordinate policy and program priorities across city agencies and in collaboration with community groups. If approved, it would be the first such office in the US. The idea is to shift away from punitive criminal justice approaches and toward a public health approach.

Harm Reduction

Federal Lawmakers Introduce Overdose Prevention Bill to Combat Heroin and Opioid Overdose Crisis. Sen. Jack Reed (D-RI) and Rep. Donna Edwards (D-MD) Wednesday introduced identical bills to support the expansion of overdose prevention services. Both bills would expand community-based overdose prevention programs that provide resources to those likely to witness an overdose and be in a position to help, such as first responders and family members. Resources include trainings on how to recognize the signs of an overdose, seek emergency medical help, and administer naloxone and other first aid. Both bills would provide federal funding for the purchase and distribution of naloxone by community and public health stakeholders to people at risk of experiencing or witnessing an overdose. They are not yet available on the congressional website.

Louisiana Governor Signs Overdose Reversal Drug Access Law. Gov. Bobby Jindal (R) Tuesday signed into law House Bill 10, which allows doctors to write prescriptions for naloxone, the opiate overdose reversal drug, for drug users, friends, and family members. Louisiana law already allows first responders to carry the drug.

ProCon.org: Minimum Legal Drinking Ages in 138 Countries

Posted in:

Did you know that the minimum legal drinking age by country varies between 16 and 21 -- with some countries having no minimum drinking age, and some prohibiting alcohol?

Read about state felon voting laws, on DrinkingAge.ProCon.org, part of the ProCon.org family.

This is the fourth installment in a Drug War Chronicle "Did You Know" series of important facts from ProCon.org. Follow the Chronicle the next two weeks to read the rest, or sign up for ProCon.org's email list or RSS feed. Read last week's installment here.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format.

Announcement: Join Us at the Cannabis Business Summit and Register Today!‏

%%subject%% The following announcement is from our June sponsor, the National Cannabis Industry Association, which is holding The Cannabis Business Summit & Expo 2015, taking place this June 29 through July 1 in Denver. Use code SDW10 when you register to get a StoptheDrugWar.org member discount!

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Chronicle AM: Pregnancy and Marijuana Use, Church Group Says Decriminalize Drugs, More (6/23/15)

Guidance from a doctor's group on marijuana use and pregnancy matches what activist groups think the policy should be, the Maine legislature punts on legalization, a California bill to protect patients from discrimination in access to organ transplants passes the legislature, and more.

Pregnancy and marijuana use is in the news today. (wikimedia.org/David Roseborough)
Marijuana Policy

Doctors' Group Issues Guidance on Marijuana Use By Pregnant Women; Advocates Urge Non-Punitive Responses. The American College of Obstetricians and Gynecologists has issued guidance encouraging pregnant women to avoid marijuana use "[b]ecause the effects of marijuana may be as serious as those of cigarette smoking or alcohol consumption." The group also called for non-punitive treatment for pregnant pot smokers: "Seeking obstetric-gynecologic care should not expose a woman to criminal or civil penalties for marijuana use, such as incarceration, involuntary commitment, loss of custody of her children, or loss of housing... Drug enforcement policies that deter women from seeking prenatal care are contrary to the welfare of the mother and fetus." Noting that pregnant women who use marijuana have been arrested in numerous states, National Advocates for Pregnant Women and the Family Law and Cannabis Alliance are urging that non-punitive responses to cigarette smoking and alcohol use be applied to pregnant women who use marijuana. The two groups also call for more unbiased research on marijuana use during pregnancy.

Maine Legislature Rejects Legalization. Solons in both the House and Senate Monday rejected marijuana legalization bills, clearing the way for legalization initiatives next year. The House rejected LD 1380, from longtime legalization advocate Rep. Diane Russell (D-Portland) that would have put the issue to a popular vote, while the Senate unanimously LD 1401, sponsored by Rep. Mark Dion (D-Portland). At least two separate legalization initiative campaigns are already underway.

Medical Marijuana

US Senate Caucus on International Narcotics Control Takes Up CBD Tomorrow. The caucus, generally composed of old school drug warriors, will somewhat surprisingly examine CBDs, focusing on barriers to research and potential medical benefits tomorrow. The hearing is set for 9:30am Wednesday.

California Organ Transplant Bill Passes Legislature. The bill would bar health care providers from denying access to organ transplants based solely on the patient's medical marijuana use. Assembly Bill 258 now awaits the governor's signature.

New Jersey Bill to Allow Sick Kids to Use CBD Oil at School Introduced. Assemblymembers Pamela Lampitt (D-Camden) and Lou Greenwald (D-Camden) Monday filed a bill that would allow children to use CBD cannabis oil at school. The bill would require parents or a designated adult to come to the school and administer the oil. The measure is Assembly Bill 4587.

Drug Policy

New England Methodists Call for Drug Decriminalization. The New England Conference of the United Methodist Church, representing some 600 congregations, passed a resolution saying that "the public policy of prohibition of certain narcotics and psychoactive substances, sometimes called the 'War on Drugs,' has failed to achieve the goal of eliminating, or even reducing, substance abuse" and called for "seeking means other than prohibition to address the problem of substance abuse." The resolution was supported by Christians Against Prohibition and Law Enforcement Against Prohibition.

International

British Liberal Democrats Call for Medical Marijuana, Drug Decriminalization. The Lib Dems have offered amendment to the government's psychoactive substances bill that would decriminalize drug possession and legalize the medicinal use of marijuana. "When I was a police officer, I realized that locking up drug users is simply not the answer," said party leader Brian Paddick, who offered the amendments. "We have to learn the lessons of why our current approach is failing before we make the same mistakes with new psychoactive substances as we have done with other illegal drugs."

Chronicle AM: Dalai Lama on MedMJ, OH Initiative Shenanigans, First MA Dispensary Will Open, More (6/22/05)

Ohio's political establishment gears up to block a controversial legalization initiative, the Dalai Lama supports medical marijuana, the Obama administration removes a barrier to marijuana research, Louisiana's governor rejects clemency for a man doing 13 years for two joints, and more.

The Dalai Lama is down with medical marijuana. (wikipedia.org)
Marijuana Policy

Ohio Official Says Proposed Amendment Could Block Marijuana Legalization Initiative. GOP Secretary of State Jon Husted said last Friday that an amendment to block private-interest monopolies would render the ResponsibleOhio legalization initiative invalid if the former passed. Husted and Republican lawmakers have vowed to adopt a resolution to place the monopoly amendment on the ballot. Husted said that if that amendment passes, the ResponsibleOhio initiative would be invalid, even if it also passed, and even if it passed with more votes than the monopoly amendment. The ResponsibleOhio initiative would limit commercial marijuana growing to ten specified locations, the owners of which are also the financiers of the initiative campaign.

Montana Anti-Marijuana Initiative Proposed. Billings anti-pot zealot Steve Zabawa is back at it. In 2014, he proposed an initiative saying that any federal Schedule I controlled substance (read: marijuana) "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana." It failed for lack of signatures. Now he has filed the same initiative again.

Medical Marijuana

Dalai Lama Endorses Medical Marijuana. Speaking at a an event in Guanajuato, Mexico, last week, the spiritual leader of Tibetan Buddhism said he supported the use of marijuana for medical purposes. Speaking in response to a question about legalizing marijuana, the Dalai clarified that he opposed its recreational use, but using it medicinally would be "the exception."

White House Removes Crucial Barrier to Marijuana Research. The Obama administration announced today it is ending a major impediment to marijuana research, the Public Health Service review. That hurdle, created under the Clinton administration, required all applications for marijuana research to undergo an individual review, slowing down marijuana research and making it more difficult to study than heroin or cocaine.

First Massachusetts Dispensary Approved to Sell Medical Marijuana; One Inspection Left. The Alternative Therapies Group in Salem is ready to start selling to patients after winning a temporary waiver from state testing guidelines widely viewed as too strict. The Department of Public Health has said it will reconsider the standards. The dispensary is one of four in the state that have started growing their own supply, and is the furthest along. It must still pass a final inspection before it opens its doors. Much more at the link.

Drug Testing

California Appeals Court Upholds Making Employer Pay for Emotional Distress from Random Workplace Drug Testing. The court upheld an award for the intentional infliction of emotional distress on two law office workers pressured into taking a random drug test by their employer. The employee handbook called for random drug testing for certain safety-sensitive categories, or after an accident or for probable cause, but the company compelled all employees to undergo drug testing on one day in 2011. The two plaintiffs were awarded $15,000 each in damages by the trial court, which is what the appeals court just upheld.

Law Enforcement

Philly Court Throws Out 58 Convictions Tied to Dirty Narcs. A Common Pleas Court judge last Friday reversed 58 convictions in cases linked to six former Philadelphia narcotics officers. The six were cleared of criminal corruption charges in federal court in May, but their misdeeds have tainted hundreds of cases. The Public Defender's Office is seeking reversals of 1,370 cases, and the city is facing 135 civil rights lawsuits based on the unit's behavior. Since 2013, prosecutors have refused to prosecute cases tied to the squad after numerous allegations they planted evidence, beat and robbed suspects, and falsified paperwork. Much more at the link.

Sentencing

Louisiana Governor Rejects Clemency for Black Man Doing 13 Years for Two Joints. Gov. Bobby Jindal (R) last week denied a clemency petition for Bernard Noble, sentenced to 13 years in prison for two joints under the state's draconian marijuana laws. Jindal said he rejected clemency because Noble had not yet served 10 years in prison.

International

China's Wide Open Illegal Drug Chemical Factories. It's pretty darned easy to get new synthetic drugs by the pound or more from Chinese manufacturers, according to this New York Times report. Need spice or flakka or bath salts? It's just a few clicks away.

Telephone Town Hall with "Orange Is the New Black" Author Piper Kerman, June 29

http://stopthedrugwar.org/files/piper-kerman-255px.jpg
Piper Kerman
Mass Incarceration: A Conversation With Piper Kerman, Author of "Orange Is the New Black" -- a Telephone Town Hall Meeting Hosted by the Drug Policy Alliance -- Monday, June 29, 1:00-2:00pm ET.

Piper Kerman, author, advocate, and professor, in conversation with asha bandele, Director, Advocacy Grants Progra, Drug Policy Alliance. Visit http://bit.ly/PiperKerman to RSVP -- space is limited. Audience participation is encouraged.

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.

The Supreme Court clarifies that criminal intent matters. (supremecourt.gov)
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.

Law Enforcement

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.

Delaware Decriminalizes Marijuana Possession

This article was published in collaboration with AlterNet and first appeared here.

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.

Markell, who had earlier indicated support for such legislation, signed the bill the same day in passed the state Senate. It had passed the House earlier this month. In both chambers, it passed without a single Republican vote.

"The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most," a Markell spokeswoman said in a prepared statement.

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.

"We think this gives some protection to young people," said bill sponsor and Senate Judiciary Committee Chair Margaret Rose Henry. "We don't want to affect financial aid, we don't want to affect housing, we don't want to affect jobs... We just want people to be responsible, and this has some consequences if you're not responsible. People should do this in their own homes... It should not be done in cars. It should be done in the privacy of your own home."

"We commend Gov. Markell and the Delaware legislature for moving the state forward and leaving its antiquated marijuana possession law behind," said Robert Capecchi, deputy director of state policies for the Marijuana Policy Project, which has been working Dover for years. "Adults in Delaware will no longer be branded as criminals simply for consuming a substance that is undeniably less harmful than alcohol. Law enforcement officials will be able to spend more time addressing serious crimes instead of arresting and prosecuting adults for simple marijuana possession."

Illinois could be next. A decriminalization bill there has already passed out of the legislature and is on the desk of Gov. Bruce Rauner (R).

Dover, DE
United States

Chronicle AM: Denver Public Pot Use Effort, House GOP Eases Up on Needle Exchange Ban, More (6/18/05)

We're heavy on the marijuana news today, but there's also good news from Congress on needle exchange, and Peru's Shining Path wins a second bad-news designation from the US government.

Denver, the Mile High City. Soon, you may be able to smoke marijuana in a club there. (wikipedia.org)
Marijuana Policy

Delaware Senate Committee Approves Decriminalization. The state Senate Judiciary Committee Wednesday voted 4-2 to approve House Bill 39, which would replace criminal penalties and possible jail time for marijuana possession with a civil fine similar to a traffic ticket. The committee chair, Sen. Margaret Rose Henry (D-Wilmington), sponsored the bill. It has already passed the House, and Gov. Jack Markell (D) has said he is "hopeful" Delaware will decriminalize.

New Poll Has Strong New Jersey Majority for Legalization. A new Rutgers-Eagleton poll has support for legalizing, taxing, and regulating marijuana at 58% among Garden State residents. Click on the link for demographics and more detail.

Ohio Secretary of State Attacks ResponsibleOhio Signature-Gathering. Secretary of State John Hustad (R) said Wednesday that signature-gatherers hired by ResponsibleOhio may be responsible for fraud. He cited several irregularities, including registrants with non-existent addresses, signatures that are illegible or don't match the signature on file for the applicant in the voter's existing registration record, and multiple applications submitted on the same day for a single applicant at different locations. ResponsibleOhio denied those charges, saying it had fully complied with state election laws and that it had met earlier with Hustad, and he didn't bring up any problems with their signature-gathering. The group has gathered more than 500,000 signatures; it needs 305,000 valid voter signatures to qualify for the ballot.

Another Ohio Legalization Initiative Approved for Signature-Gathering. Two initiative campaigns have already bowed out this year, a third (ResponsibleOhio) appears poised to qualify for the ballot (but see item above), and now a fourth has been approved for signature-gathering. The latest is the Ohio Cannabis Control Amendment, proposed by Ohioans to End Prohibition. The group has only two weeks to qualify for this year's November ballot, but could continue to gather signatures beyond the July 1 deadline to try to get on next year's ballot. The group's web address -- www.legalizeohio2016.org -- suggest that next year is its real target.

Washington State Pot Workers Join UFCW. In a first for Washington, employees at the Cannabis Club Collective in Tacoma have voted unanimously to join the United Food and Commercial Workers Union (UFCW). This is the first union contract in the state's marijuana industry. The UFCW has organized medical marijuana workers in California.

Denver Activists Plan Local Initiative to Allow Limited Public Use. Some of the same people who led the statewide campaign to legalize marijuana in 2012 are now gearing up a plan to allow public use. They're talking about an initiative that would allow indoor vaping and outdoor smoking at bars and other spaces that want to do so. A public hearing on the proposal with Denver officials is going on right now.

Harm Reduction

Congressional Republicans Easing Opposition to Needle Exchange. Faced with rising heroin use in their home states and attendant public health implications from it, House Republicans are now easing their opposition to federal funding for needle exchange programs. The health spending bill now in the House would still bar federal funding to buy needles or syringes, but would allow federal block grant funds to states and localities to be used for the other costs of operating exchanges.

International

US Designates Peru's Shining Path as Narcotic "Kingpins." The remnants of the Maoist guerrilla group that plunged Peru into bloody civil war in the 1980s has been designated a Foreign Terrorist Organization since 1997, but this month, the US Treasury Department designated Shining Path as a significant foreign drug trafficking organization. Shining Path is accused of being involved in cocaine trafficking in south central Peru.

ProCon.org: Felon Voting Laws By State

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Did you know that ten states deny voting rights to some or all people with felony convictions, even after they've served their full sentences -- while two states let people in prison vote by absentee ballot?

Read about state felon voting laws, on FelonVoting.ProCon.org, part of the ProCon.org family.

This is the third installment in a Drug War Chronicle "Did You Know" series of important facts from ProCon.org. Follow the Chronicle the next few weeks to read the rest, or sign up for ProCon.org's email list or RSS feed. Read last week's installment here.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format.

This Week's Corrupt Cops Stories

Four Chicago-land cops get popped for testilying, a New York cop tried to impress a woman and ends up on probation, another jail guard goes down, and more. Let's get to it:

In Chicago, four Chicago area police officers were arrested last Monday on perjury charges for allegedly lying under oath at a drug hearing last year. Three of the four are narcotics officers with the Chicago Police, while the fourth is an officer in suburban Glenview. They are accused of "testilying" about a traffic stop in which they claimed to smell marijuana. But their own dash-cams did them in, showing that they immediately opened the vehicle door at the traffic stop. The officers are Chicago narcs William Pruente, Sgt. James Padar, and Vince Morgan and Glenview Officer James Horn. All are charged with felony counts of perjury, obstructing justice and official misconduct. If convicted, they face probation up to 5 years in prison.

In State College, Pennsylvania, a former State College police officer was arrested last Friday on charges he stole drugs from the department. Thomas Dann, 56, is accused of stealing cocaine and opiate pain relievers from the evidence room, where he was one of two evidence custodians. He faces multiple felony drug charges, as well a misdemeanor charges of theft and tampering with evidence.

In Doylestown, Pennsylvania, a Bucks County jail guard was arrested last Friday for allegedly smuggling suboxone into the jail. John Dingle, 34, is charged with possession of a controlled substance with intent to deliver and delivery of a controlled substance.

In Albany, New York, a Troy police officer was sentenced last Friday to three years' probation and a $5,000 fine after admitting that he tipped off a drug dealer about a pending raid last year. Officer Brian Gross confessed that he told a woman friend he hoped to impress that the narc squad was investigating her brother and planned to raid his home. Gross went down after a drug sweep of multiple residences came up with no drugs, and his superiors grew suspicious. He pleaded guilty to two misdemeanors, divulging evidence secured by eavesdropping to its intended target and official misconduct.

In Las Cruces, New Mexico, a former Dona Ana County jail guard was sentenced Tuesday to a year and a day in federal prison for trying to smuggle drugs into the jail. Francisco Balderrama, 27, had copped to conspiracy to distribute heroin, meth, and cocaine. Four others were arrested in the scheme as well.

Medical Marijuana Update

The Senate sends a message to the DEA, a new study deflates fears of medical marijuana leading to increased teen pot-smoking, California continues to try to regulate its medical marijuana free-for-all, and more.

National

Last Thursday, a Senate committee voted to keep the DEA out of medical marijuana states. Just a week earlier, in a series of successful amendments to the Justice Department appropriations bill, the House sent a clear message to the DEA and DOJ to stop interfering in medical marijuana states. Last Thursday, a similar message came from the Senate. The Senate Appropriations Committee voted two-to-one today in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws. Click on the link for more details and reaction.

On Tuesday, a study found that medical marijuana doesn't lead to increased youth use. A study published in the British medical journal The Lancet finds that allowing for the legal use of medical marijuana has not led to an increase in the number of teens using it in the US. The study relied on 24 years' worth of data from the Monitoring the Future surveys and found that while youth use levels were higher in some medical marijuana states, those higher levels of use had preceded the legalization of medical marijuana.

California

Last Wednesday, the Medical Cannabis Organ Transplant Act won a committee vote. The measure, Assembly Bill 258, would bar health providers from denying organ transplants to people solely because they are medical marijuana patients. It has already passed the Assembly, and was approved by the Senate Health Committee. It now heads for a Senate floor vote.

On Monday, members of a Santa Ana dispensary filed a lawsuit against local elected officials and police. The suit comes in the wake of a highly-publicized raid on the dispensary in which police were caught smashing surveillance cameras (oops, they missed one), making crude remarks about patients, and helping themselves to samples of the edibles. But the lawsuit alleges deeper problems, including collusion between Mayor Pulido, the police, and other elected officials to rig the dispensary permit system and harass unpermitted dispensaries.

Colorado

On Monday, the state Supreme Court ruled that employers can fire medical marijuana patients for off-duty use. The Court today affirmed lower court decisions allowing employers to fire employees for marijuana use while off-duty. The decision hinged on the state's lawful off-duty activities statute. The Court held that in order for the off-duty conduct to be considered "lawful," it must be legal under both state and federal law. The unanimous decision was not a surprise to advocates working to reform marijuana law and policy in Colorado. The case is Coats v. Dish Network. Coats is a quadriplegic who worked in customer service for Dish, but was fired after a random drug test turned up marijuana metabolites.

Delaware

Last Thursday, the legislature approved a youth CBD cannabis oil bill. The state Senate unanimously approved Senate Bill 90, which would allow children with epilepsy to use CBC cannabis oil. The bill, also known as Rylie's Law after 9-year-old Rylie Maedler, who suffers from severe seizures, already passed the House and now heads to the governor's desk.

Georgia

On Monday, the state unveiled its online registry for CBD cannabis oil patients. The Department of Public Health today went live with its online registry for patients authorized to use low-THC CBD cannabis oil. Also, the Georgia Commission on Medical Cannabis met for the first time.

South Dakota

Last Wednesday, a medical marijuana initiative was filed. A state activist has filed the explanation for a medical marijuana initiative with the state attorney general's office. Once it is reviewed and approved, proponents will then have 180 days to come up with 13, 871 valid voter signatures to qualify for the November 2016 ballot. Medical marijuana initiatives have twice been defeated in the state. Maybe the third time will be the charm.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Putin Says "Nyet" to Legalization, KY Divvies Up Heroin Fight Dollars, More (6/17/05)

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.

Vladimir Putin says "nyet" to drug legalization. (kremlin.ru)
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.

Medical Marijuana

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.

Heroin

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.

Drug Policy

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.

International

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.

Chronicle AM: MedMJ Doesn't Make Kids Smoke, SD Reservation Legalizes Weed, MI Pot Poll, More (6/16/05):

There's good polling news for Michigan pot legalization campaigners, a South Dakota Indian tribe legalizes weed, a new study refutes concerns that allowing medical marijuana leads to increased teen pot-smoking, and more.

tribal flag of the Flandreau Santee Sioux
Marijuana Policy

Michigan Poll Has Solid Majority Support for Legalization. A new poll from the Glengariff Group has support for marijuana legalization at 56%, with 36% opposed. The poll comes as two different groups are about to embark on signature-gathering campaigns to put an initiative on the 2016 ballot. Click on the link for more demographic data and discussion.

Flandreau Santee Sioux Become South Dakota's First Tribe to Embrace Marijuana. In a vote taken last week, the tribe's executive committee legalized the sale and use of marijuana on tribal land. The tribe has plans for a marijuana grow operation and for an establishment where people can buy and use pot. "Throughout Indian country, Flandreau's been trail-blazers,' Tribal President Anthony Reider said. 'We were with the casino, we were the second compacted tribe in the United States, the first and largest casino in between Atlantic City and Las Vegas, so it's something that's not new to us. We kind of like taking the forefront on issues."

Medical Marijuana

Study: Medical Marijuana Doesn't Lead to Increased Youth Use. A study published Tuesday in the British medical journal The Lancet finds that allowing for the legal use of medical marijuana has not led to an increase in the number of teens using it in the US. The study relied on 24 years' worth of data from the Monitoring the Future and found that while youth use levels were higher in some medical marijuana states, those higher levels of use had preceded the legalization of medical marijuana.

Georgia Unveils Online Registry for CBD Cannabis Oil Patients. The Department of Public Health today went live with its online registry for patients authorized to use low-THC CBD cannabis oil. Also today, the Georgia Commission on Medical Cannabis meets for the first time.

Methamphetamine

Meth Precursor Bill Passes New York Senate. A bill that would limit over-the-counter cold remedy sales to not more than 3.6 grams of pseudoephedrine per package and nine grams per person per month has passed the state senate. Senate Bill 627 would also require buyers to show photo ID and sign a logbook and requires retailers to electronically submit purchase information to state police before the sale is finalized, allowing state police to block sales in real time. The bill now goes to the Assembly.

Asset Forfeiture

Pennsylvania Civil Asset Forfeiture Reform Bill Filed. State Sen. Mike Folmer (R-Lebanon) has introduced Senate Bill 869, which would require a criminal conviction before property could be seized. Asset forfeiture has come under fire in the state, especially since the ACLU released a report earlier this year detailing abuses and revealing that cops had collected more than $100 million in seizures in the past decade.

The US Is Deporting Hundreds of Thousands for Drug Offenses, Many Minor [FEATURE]

(This article was written in collaboration with AlterNet and first appeared here.)

The US government wants to throw Marsha Austin out of the country. The 67-year-old grandmother came from Jamaica to New York as a lawful resident in 1985, and has lived here ever since with her husband, seven children (two more are in Jamaica), grandchildren, and great-grandchildren. All are legal residents or US citizens.

Marsha Austin and her family in the Bronx (hrw.org)
By her own admission, she had problems with drugs. "I live in a drug-infested area," she said of her neighborhood in the Bronx, and she succumbed to the lure of crack cocaine in the wake of her mother's death. Jones racked up several minor convictions before getting popped for making a $5 purchase for an undercover officer in 1995.

That was "attempted criminal sale of a controlled substance in the third degree," to which she pleaded guilty on her public defender's advice. The attorney failed to tell her the conviction could lead to deportation.

Her convictions led to little or no jail time, but in 2010, as her husband's health faltered, she violated probation by drinking alcohol. She did 90 days in jail, but instead of walking out, she was seized by immigration authorities at the end of her sentence and spent the next 2 ½ years in immigration jail awaiting deportation.

Immigration and Customs Enforcement (ICE) repeatedly opposed her release, claiming she was under mandatory detention for her drug offenses, but then released her unexpectedly in 2013. She's been in treatment since then and now proudly reports that she's been "clean as a whistle" for the past five years. Now, her husband's health is failing, as is the health of her daughter, who suffered a breakdown after her own daughter suffered a serious illness.

"My kids and my grandkids, that's what I'm living for now," she said.

But she remains in limbo. The US government still wants to send her back to Jamaica, arguing that she is subject to deportation for the "aggravated felony" of buying $5 worth of crack for a narc.

She's not alone. Beginning late in the George W. Bush years and continuing through the Obama administration, the US has been deporting and trying to deport immigrants for drug offenses at a record clip. According to a just released report from Human Rights Watch, more than 260,000 non-citizens -- legal residents and illegal immigrants alike -- were deported for drug offenses between 2007 and 2012. Shockingly, 34,000 people were deported for marijuana possession offenses alone.

The trend is upward. The number of people deported whose most serious offense was a drug crime was up 22% over that period, while the number of people deported whose most serious offense was a drug possession offense was up even more, at 43%.

Tens of thousands more have been or are being detained indefinitely in immigration jails fighting pending deportation orders. Such extended imprisonments wreak havoc on the families who husbands or fathers, wives or mothers, are caught up behind bars.

The sweeping action against non-citizens comes as part of the Obama administration's crackdown on "criminal aliens," but seems disproportionately harsh when applied to low-level drug offenders, especially people who have lived all or most of their lives here and have strong family and community roots in this country. It is also at odds with the trends toward drug decriminalization and even legalization now at play in the country.

The Human Rights Watch report, "A Price Too High: US Families Torn Apart by Deportations for Drug Offenses," documents how the US government is routinely breaking up families by initiating deportation proceedings for drug offenses, often ones decades old or so minor they resulted in little or no prison time. Researchers interviewed more than 130 affected immigrants, families, attorneys, and law enforcement officials, and incorporated new data obtained from ICE.

Here are some of the cases examined in the report:

"Raul Valdez, a permanent resident from Mexico who had grown up in the Chicago area from the age of one, was deported in 2014 because of a 2003 conviction for possession of cannabis with intent to deliver, for which he had been sentenced to 60 days in jail.

Ricardo Fuenzalida, a permanent resident from Chile now living in New Jersey, was held without bond for months fighting deportation in 2013 because of two marijuana possession convictions from 13 years earlier.

Jose Francisco Gonzalez, a permanent resident in Anaheim, California, was put into deportation proceedings and held without bond in 2014 because of a 2001 arrest for having two pot plants, despite having successfully completed a California diversion program that promised to erase his criminal record.

Abdulhakim Haji-Eda, a refugee from Ethiopia who came to the US at the age of 13, has been ordered deported as a drug trafficker for a teenage drug sale in Seattle. Now 26 years old, he has no other convictions, and is married to a US citizen with two US citizen children and another on the way.

"Antonio S.," who came to the US from Mexico when he was 12 and was eligible for a reprieve from deportation as a "DREAMer" under the executive program Deferred Action for Childhood Arrivals, was detained for over a year in Colorado and deported after a conviction for possession of marijuana, a municipal violation to which he pleaded guilty without an attorney.

"Alice M.," a 41-year-old graphic designer and Canadian citizen, [was barred] from living in the US with her US citizen fiancé because of a single 1992 conviction for cocaine possession she received in Canada in her last year of high school, a conviction that was pardoned long ago in Canada.

"Mr. V.," a refugee and permanent resident from Vietnam, was ordered deported in 2008 for a 1999 conviction for possession of crack cocaine. Although he has since been granted a full and unconditional pardon from the state of South Carolina, Mr. V. remains under a deportation order and only remains in the US because of restrictions on the repatriation of certain Vietnamese nationals."

"Even as many US states are legalizing and decriminalizing some drugs, or reducing sentences for drug offenses, federal immigration policy too often imposes exile for the same offenses," said Grace Meng, senior US researcher at Human Rights Watch and the author of the report. "Americans believe the punishment should fit the crime, but that is not what is happening to immigrants convicted of what are often relatively minor drug offenses."

The report notes that the Obama administration has been sensitive to the injustices of the war on drugs and urges it to be as sensitive to the harsh effects of its deportation policies related to drug offenses. But it is not just the federal government that can act to improve the situation. Here are the group's recommendations:

"To the United States Congress

Eliminate deportation based on convictions for simple possession of drugs.

Ensure that all non-citizens in deportation proceedings, including those with convictions for drug offenses, have access to an individualized hearing where the immigration judge can weigh evidence of rehabilitation, family ties, and other equities against a criminal conviction.

Ensure that refugees and asylum seekers with convictions for sale, distribution, or production of drugs are only considered to have been convicted of a "particularly serious crime" through case-by-case determination that takes into account the seriousness of the crime and whether the non-citizen is a threat to public safety.

Ensure that non-citizens who are barred from entering the US and/or gaining lawful resident status because of a criminal conviction, including for drug offenses, are eligible to apply for individualized consideration, i.e., a waiver of the bar, based on such factors as the above mentioned.

Eliminate mandatory detention and ensure all non-citizens are given an opportunity for an individualized bond hearing.

Redefine "conviction" in immigration law to exclude convictions that have been expunged, pardoned, vacated, or are otherwise not recognized by the jurisdiction in which the conviction occurred.

Decriminalize the personal use of drugs, as well as possession of drugs for personal use.

To the Department of Homeland Security

Provide clear guidance to immigration officials that a positive exercise of prosecutorial discretion may be appropriate even in cases involving non-citizens with criminal convictions, with particular consideration for lawful permanent residents and non-citizens whose most serious convictions are for nonviolent offenses, including drug convictions, that occurred five or more years ago.

Provide all non-citizens who have been in detention for six months or more with a bond hearing.

To State and Local Governments

Ensure drug courts and diversion programs do not require a guilty plea from defendants that would constitute a conviction that triggers deportation, mandatory detention, and other immigration consequences even upon successful completion of the program.

Remove barriers to post-conviction relief for non-citizens convicted of nonviolent drug offenses through legal error, including through guilty pleas obtained without adequate advice from defense counsel on the potential immigration consequences of the plea.

Decriminalize the personal use of drugs, as well as possession of drugs for personal use."

To be comprehensive and thorough, drug reform must encompass immigration law reform, too.

Chronicle AM: OR Pot Sales Compromise, CO Employers Can Fire MedMJ Patients, More (6/15/05)

A legislative compromise would let Oregon counties where voters opposed legalization ban pot shops, the Colorado Supreme Court rules in favor of employers over medical marijuana patients, two big eastern cities are on the verge of shifting their drug enforcement policies, and more.

No pot shops like this for Eastern Oregon under a compromise being bruited by the legislature.
Marijuana Policy

Powerful Arizona Business Group Will Oppose Legalization Efforts. One of the state's most influential business groups, the Arizona Chamber of Commerce & Industry, has announced it will oppose looming legalization initiatives there. The group said it is worried about more workplace injuries and workers' compensation claims. "We arrived at our decision after careful consideration of the experiences of other states that have legalized marijuana, the arguments of proponents and research by our foundation. After looking at all the facts, we've determined that there is no upside to the legalization of recreational marijuana," said Chamber President and CEO Glenn Hamer. "The negative consequences that could result from legalization affect our business environment and the public's health."

Oregon Legislators Make It Easier to Ban Pot Sales in Eastern Counties. In a bid to get their legal marijuana regulation bill, House Bill 3400, back on track, leaders of the committee dealing with marijuana have agreed to new legislative language that would allow local governments to ban pot sales in counties where at least 55% of voters rejected the Measure 91 legalization initiative in 2014. All of those counties are in the sparsely populated and politically conservative eastern part of the state.

Medical Marijuana

Colorado Supreme Court Rules Employers Can Fire Medical Marijuana Patients for Off-Duty Use. The Court today affirmed lower court decisions allowing employers to fire employees for marijuana use while off-duty. The decision hinged on the state's lawful off-duty activities statute. The Court held that in order for the off-duty conduct to be considered "lawful," it must be legal under both state and federal law. The unanimous decision was not a surprise to advocates working to reform marijuana law and policy in Colorado. The case is Coats v. Dish Network. Coats is a quadriplegic who worked in customer service for Dish, but was fired after a random drug test turned up marijuana metabolites.

Law Enforcement

Washington, DC, Police to Shift Drug Enforcement Focus. DC Metro Police Chief Cathy Lanier has announced that the department will revise its drug war strategy by focusing on suppliers instead of street-level buyers and by putting undercover officers back in uniform. "Our main goal is the supply," Lanier said. "We don't want to focus police efforts on just people who are addicted. We want to be focusing on the people who are bringing the stuff in."

Boston Mayor Says City Could Offer Addicts Treatment Instead of Arrest. Mayor Marty Walsh (D) said that Boston could follow in the footsteps of nearby Gloucester and offer treatment instead of arrest to opiate users seeking help. Gloucester recently announced it had adopted that policy. "I commend Gloucester for what they're doing," Walsh said. "I think it's a great idea, a great pilot program, I'm looking forward to seeing how it works and taking that model and possibly using it here in Boston." The chance of the city adopting the program is "probably pretty good... I'm not sure when, but it's probably fairly good odds," he said.

International

>Costa Rican Ministry of Health Releases Criteria for Pending Medical Marijuana Bill.Earlier this month, the Costa Rican Ministry of Health outlined the details for the implementation of a pending bill to research and regulate marijuana for medical and industrial purposes. The bill was introduced by ruling Citizen Action Party legislator Marvin Atencio last year to tax marijuana products and regulate the use of medical marijuana through registration cards for patients provided by the Ministry of Health. Ten months after Atencios's proposal, the Ministry of Health released its criteria for the implementation of the bill. Among the conditions specified by the Ministry are that medical marijuana must be used as a last resort and that recreational use of marijuana will continue to be illegal. Medical marijuana will be distributed through conventional drug stores and will follow the same prescription rules outlined by the Costa Rican Social Security System. One of Atencio's proposals to issue marijuana identity cards was discarded by the Ministry under the argument that it would entail discrimination. Atencio responded by saying that the cards would protect medical marijuana patients in encounters with law enforcement. Other conditions included the implementation of educational campaigns for the general public on what is permissible under the new bill and an emphasis on an existing law prohibiting the monopolization of research on marijuana and hemp plants.

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