Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM -- August 1, 2014

The New York Times isn't done talking about marijuana, a House committee hears about stoned driving, you can comment now on Maryland's draft medical marijuana regulations, federal asset forfeiture and overdose prevention bills get introduced, and more. Let's get to it:

The New York Times says it's time for Reefer Madness to come to an end.
Marijuana Policy

New York Times Has a Week's Worth of Legalization Editorials. The Times's editorial last Sunday calling for the end of federal marijuana prohibition, Repeal Prohibition, Again, was only the beginning. Throughout this week, the "newspaper of record" has kept at it -- and there's still more to come. The other editorials printed so far are Let States Decide on Marijuana, The Injustice of Marijuana Arrests, The Federal Marijuana Ban is Rooted in Myth and Xenophobia, and What Science Says About Marijuana. Still to come are editorials addressing track records and regulation. There is also a blog post providing background on the Times's decision to endorse legalization.

House Holds Hearing on Stoned Driving. The House Oversight and Government Reform Committee held a hearing yesterday on driving under the influence of marijuana, "Planes, Trains and Automobiles: Operating While Stoned," but the upshot was that the federal government has very little information about stoned driving and little basis for setting a legal limit for marijuana impairment. "No one is arguing that [driving while high is] a good idea, but the fact of the matter is that we don't have a lot of data," said Democratic Rep. Gerry Connolly. "[Public policy has] got to be based on science, and we need more of it." Researchers testifying before the committee agreed. Click on the hearing link to watch the whole thing.

Washington Attorney General Intervenes in I-502 Lawsuits. Attorney General Bob Ferguson yesterday moved to intervene in three marijuana lawsuits filed against the cities of Wenatchee and Fife, which have passed local ordinances barring the operation of retail marijuana outlets. An opinion released by Ferguson in January concluded that I-502 does not bar localities from banning such businesses, so it appears he will be siding with the localities.

More Michigan Towns to Vote on Marijuana Reform Measures. Three more Michigan communities have joined the list of towns and cities that will vote on municipal legalization measures. Saginaw, Clare, and Harrison all have measures that have qualified for the ballot. In Saginaw, up to an ounce would be legalized; in Clare and Harrison, up to 2.5 ounces. More than a dozen Michigan communities are expected to vote on reform measures in November.

Portland, Oregon, Moves to Tax Marijuana Before It's Even Legal. The city of Portland has created a marijuana advisory committee in anticipation of voters legalizing marijuana statewide in November. The committee is discussing where to allow pot shops, but it is also moving to create a city sales tax -- and it has to do that before the November election because the language of the New Approach Oregon initiative does not allow cities to impose taxes beyond the state tax imposed by it. The thinking is that if a tax is passed before the election, it can be grandfathered in.

Medical Marijuana

Maryland Medical Marijuana Draft Regulations are Now Available -- And You Have Until Tuesday to Comment. Maryland's medical marijuana commission has released draft regulations for cultivators and physicians. The Marijuana Policy Project has some problems with them, including calls for an "unnecessary" training course on medical marijuana for all certifying physicians, mandatory drug testing for patients, and a requirement that doctors specify dosage and strain type. These are draft regulations, but the period for comment on the draft ends Tuesday. Interested parties can email the commission to register their comments.

Legitimate Use of Medicinal Marijuana Act Picks Up New Cosponsor. House Resolution 4498, the Legitimate Use of Medical Marijuana Act, has picked up a fourth cosponsor, Rep. Earl Blumenauer (D-OR). The bill, sponsored by Rep. Morgan Griffith (R-VA), would move marijuana from Schedule I to Schedule II of the Controlled Substances Act and block the act from being used against medical marijuana in states where it is legal.

Sentencing

Smarter Sentencing Act of 2014 Picks Up New Cosponsor. Senate Bill 1410, the Smarter Sentencing Act of 2014, has picked up its 31st cosponsor, Sen. Patty Murray (D-WA). The bill would allow judges in some cases to sentence without regard to mandatory minimums, reduces mandatory minimums, and allows people sentenced for crack offenses after the 2010 Fair Sentencing Act went into effect to seek sentence reductions.

Harm Reduction

Senator Jack Reed Introduces Overdose Prevention Act. Sen. Jack Reed (D-RI) and four Democratic cosponsors today introduced the Overdose Prevention Act, which would expand overdose prevention services and providing funding for access to the overdose reversal drug naloxone. The bill is not yet up on the congressional web site.

Asset Forfeiture

Rep. Tim Walberg Introduces Asset Forfeiture Reform Bill. Rep. Tim Walberg (R-MI) has filed House Resolution 5212, the Civil Asset Forfeiture Reform Act. The bill would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to  prove a property owner's involvement in criminal activity. This is the second asset forfeiture reform bill filed in as many weeks. Last week, Sen. Rand Paul (R-KY) filed the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.

Law Enforcement

Justice Department Report Scolds DEA for Leaving Student in Cell for Five Days. A Justice Department report on the detention of San Diego student Daniel Chong, who was left unattended in a holding cell for five days at a DEA office there, has concluded that the DEA did not take simple measures to ensure that detainees are not forgotten. The report also slammed the agency for having the same agents who left Chong in the cell conduct the investigation into how it happened. Chong earlier received a $1.4 million payout from the DEA to settle a lawsuit he brought against the agency.

International

Russian Drug Agency Proposes Giving Social Benefits to Recovering Drug Users. In something of a surprise move, the Russian Federal Drug Control Service has proposed providing free housing, food subsidies, and home health care to help recovering drug users progress in their rehabilitation. The bill would add drug addicts to a list of categories of people considered socially vulnerable, such as senior citizens and people with disabilities. The proposal has drawn harsh criticism from opponents, who argue that it would encourage drug use.

Chronicle AM -- July 31, 2014

One study finds that Colorado is doing just fine with marijuana legalization, another finds that kids aren't smoking more pot in medical marijuana states, there's trouble in Albuquerque, Detroit police go on yet another well-publicized mass drug sweep, Marc Emery vows revenge, and more. Let's get to it:

Seattle PD has adjusted well to marijuana legalization. With one apparent exception. (Seattle PD)
Marijuana Policy

Brookings Institution Report Finds Colorado's Legalization is Succeeding. The Brookings Institution's Center for Effective Public Management today released a report on how well Colorado is managing marijuana legalization. The title of the report, "Colorado's Rollout of Legal Marijuana is Succeeding," pretty much spells it out. "The state has met challenging statutory and constitutional deadlines for the construction and launch of a legal, regulatory, and tax apparatus for its new policy," according to the report authored by John Hudak, a Brookings fellow in Governance Studies. "In doing so, it has made intelligent decisions about regulatory needs, the structure of distribution, prevention of illegal diversion, and other vital aspects of its new market. It has made those decisions in concert with a wide variety of stakeholders in the state." Click on the link to read the full report.

Georgia Libertarian Party Endorses Marijuana Legalization. The Libertarian Party of Georgia says "legalize it." In a Wednesday press release, the party came out four-square for legalization. "Georgia voters should be allowed to vote on the issue", said state party chair Doug Craig. "If the voters were allowed to vote we believe they would vote to legalize. Rights should never be determined by popular vote, but polling gives us a good indication on where the public stands on the issue. As Libertarians, we support giving the public the freedom to choose. Lawmakers should study the issue and allow public input into forming a better policy that stops treating otherwise law abiding citizens as criminals."

Albuquerque Decriminalization Initiative Up in the Air After City Messes Up Signature Requirements. What a mess! The city of Albuquerque told initiative organizers they needed 11,000 signatures to qualify for the ballot, so to ensure that they had a comfortable cushion, organizers turned in 16,000 signatures. Then, two days after signatures were handed in, the city said it had made a mistake, and organizers needed 14,000 signatures to qualify. The measure could still qualify, but if it comes up with more than 11,000 valid signatures, but less than the 14,000 needed to make the ballot, look for legal action.

East Lansing, Michigan, Decriminalization Initiative Campaign Turns in Signatures. The Coalition for a Safer East Lansing turned in about 2,300 signatures for its decriminalization initiative Tuesday. If they end up with enough valid signatures to qualify, the measure will go on the ballot in November. Similar efforts are afoot in more than a dozen other Michigan towns and cities.

Medical Marijuana

National Bureau of Economic Research Report Finds Medical Marijuana Has Not Led to More Teen Use. The finding comes in the working paper Medical Marijuana Laws and Teen Marijuana Use. "Our results are not consistent with the hypothesis that the legalization of medical marijuana caused an increase in the use of marijuana among high school students. In fact, estimates from our preferred specification are small, consistently negative, and are never statistically distinguishable from zero," the authors said.

Drug Policy

Broad Coalition Forms to Highlight Plight of Drug War's Youngest Victims. More than 80 civil rights, immigration, criminal justice, racial justice, human rights, libertarian and religious organizations are joined by notable figures such as Michelle Alexander in calling for an end to the war on drugs in the name of protecting children both in Latin America and here in the United States. They have all signed on to a letter of support for new policies. The signatories -- which include the Black Alliance for Just Immigration, Center for Constitutional Rights, Institute of the Black World, Presente.org, Students for Liberty, United We Dream, William C. Velasquez Institute, and the Working Families Organization -- are notable for their diversity in cause and focus, yet have come together around the issue of the drug war's impact on youth, at home and abroad. Click here for a full list of supporters.

Law Enforcement

Detroit Police in Yet Another Militarized Drug Blitz. In the latest in a series of mass raids under the rubric of "Operation Restore Order," heavily armored Detroit Police SWAT teams and other officers targeted the Ninth Precinct on the city's east side today. More than a hundred police were involved. The first house they hit had no drugs, the second contained some weapons and drug paraphernalia, the third resulted in the seizure of a couple dozen crack rocks.

One Seattle Police Officer Wrote 80% of Marijuana Tickets; Now, He's Off the Streets. One police officer who apparently doesn't think much of Washington's marijuana legalization law -- he wrote snide remarks on some of the tickets -- is responsible for a whopping 80% of all public pot smoking tickets written by the Seattle Police in the last six months. In one instance, Officer Randy Jokela used a coin toss to decide whom he would cite. He has been assigned to other duties while the department's Office of Professional Accountability investigates.

International

Marc Emery Vows Political Revenge on Canadian Conservatives. Out of prison in the US, but still stuck in an American deportation center awaiting his return to Canada, "Prince of Pot" Marc Emery is vowing political revenge on Canada's Conservatives. He has served nearly five years in federal prison for selling marijuana seeds after the Conservatives allowed him to be extradited from Canada. "My own government betrayed me and I'm going to wreak an appropriate amount of political revenge when I get home and campaign against the Conservative government," Emery said. "The whole thing is nonsense. I should never have been turned over to the US government," said the fervent Liberal supporter. Canadian elections are next year.

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

Marijuana Industry Steps Up on Edibles, Retailing

Faced with growing concern about the use of marijuana "edibles" (food products containing marijuana) and taking preemptive steps toward industry self-education and self-regulation, the National Cannabis Industry Association (NCIA) announced Wednesday that it is launching training courses for edibles makers and "budtenders," or retail sales people.

shopping at the marijuana store (Sandra Yreul/Drug Policy Alliance)
"The interest in edibles and other infused products keeps growing," said NCIA deputy director Taylor West. "We know our industry is under a microscope, and we want to make sure cannabis product-makers continue developing the highest quality and safest products possible."

But it's not just interest in edibles that's growing. Edibles have been behind some of the biggest scare stories to come out of Colorado, including the case of the African student who plunged to his death after eating a marijuana cookie and the case of the man who shot and killed his wife hours after ingesting edibles, not to mention the now infamous Maureen Dowd column in which the New York Times columnist ate an entire marijuana candy bar and got way too high.

Much of the news coverage has omitted the fact that the man also had taken prescription pain pills, raising the question of whether a drug interaction may have produced the violent behavior, according to MSNBC. The article also pointed out that Colorado sees an average of two alcohol-related deaths each week. But there is legitimate concern over how best to handle edible marijuana, the rareness of such incidents notwithstanding.

That concern extended to the state legislature, which quickly passed House Bill 1366 regulating edible sales earlier this year. Gov. John Hickenlooper (D) signed that bill into law in May.

The NCIA is addressing those concerns with, among other things, a ServSafe Food Safety Basics Course designed just for marijuana industry professionals. Based on a curriculum originally developed by the National Restaurant Association, the course will teach participants about the significance of foodborne illness, proper personal hygiene, time and temperature control, how to prevent cross-contamination, cleaning, sanitizing and emergency procedures, and more.

It also offering up a Sell-SMaRT Responsible Cannabis Vendor course that will teach marijuana dispensary employees, or "budtenders," responsible selling practices, such as how to check ID, educate customers about responsible consumption, and handle tricky situations.

These courses are developed and facilitated by Maureen McNamara, founder of Cannabis Trainer, an NCIA member business. McNamara has been teaching the ServSafe course to traditional food industry professionals for the last 18 years, but this will be her first course geared solely for makers of marijuana edibles. She will also be working with the Colorado Marijuana Enforcement Division to design the Responsible Cannabis Vendor Program this year.

"This is a great example of how the industry is self-regulating to make marijuana-infused products as safe as possible for consumers," said Art Way, director of the Drug Policy Alliance (DPA)'s Colorado office. "We applaud NCIA for taking this important step forward."

For more information about the training programs, including time, date, location, and cost, click here.

Denver, CO
United States

Medical Marijuana Update

A pair of federal bills get filed, California's medical marijuana wars continue, Florida looks set to pass medical marijuana this fall, pressure is rising for New York to get its program up and running, and more. Let's get to it:

National

Last Thursday, US Senator Rand Paul (R-KY) filed a medical marijuana amendment to Senate Bill 2569, the "Bring Jobs Home Act." It would explicitly allow states to pass medical marijuana laws despite the provisions of the federal Controlled Substances Act. The amendment would also bar prosecutions of patients and doctors for engaging in medical marijuana activities in states where it is legal.

On Monday, a Pennsylvania Republican filed a bill to allow low-THC, high-CBD medical marijuana. Rep. Scott Perry (R-PA) introduced a bill that would exempt low-THC, high-CBD marijuana from the federal Controlled Substances Act. The bill is the Charlotte's Web Medical Hemp Act (House Resolution 5226).

Arizona

On Tuesday, a fired University of Arizona medical marijuana researcher lost her appeal. Dr. Sue Sisley, the University of Arizona researcher whose pending study of medical marijuana to treat PTSD among veterans was halted when she was fired last month, has lost an appeal to regain her job. Sisley is now looking for a new academic home to pursue the research.

California

On Tuesday, police in Redding raided the Planet Herb Collective. They arrested two women running the collective, which they said was operating in violation of a local ordinance banning them. The two women face charges of criminal conspiracy and sale of marijuana.

Also on Tuesday, the Cathedral City council voted to permit dispensaries. The council voted 3-2 to allow three dispensaries to open. Cathedral City becomes the second Coachella Valley community to allow dispensaries; Palm Springs is the other.

Also on Tuesday, Riverside County supervisors voted to approve draft regulations penalizing medical marijuana grows. People growing fewer than a dozen plants in unincorporated areas of the county would be charged with an infraction and hit with fines, while people growing more than 12 plants would face a misdemeanor charge and six months in jail.

Florida

On Monday, a Quinnipiac University poll found overwhelming support for medical marijuana. The poll had support at 88%. Floridians will vote on a medical marijuana initiative in November.

Minnesota

Last Thursday, the state named a medical marijuana director. The state Department of Health has named department employee Michelle Larson the first-ever director of the Office of Medical Cannabis. She is charged with managing the office's staff and creating and implementing administrative policies for things like an application process for a manufacturer and a patient registry. The state's law limits medical marijuana to eight specified diseases or conditions and does not allow for the use of smoked marijuana.

New York

Last Thursday, a poster child for medical marijuana died without her medicine. Nine-year-old Anna Conte, whose family has been at the center of the Empire State medical marijuana debate, has died without ever gaining access to marijuana medicines that may have alleviated her condition. Conte suffered from Dravet Syndrome, which caused her to suffer hundreds of crippling seizures every day. The state passed a medical marijuana law last month, but it won't go into effect for another year and a half.

On Wednesday, Gov. Cuomo told the state Health Department to hurry up with medical marijuana. Impelled by the deaths of two children with epileptic seizure disorders whose conditions could be alleviated with medical marijuana, Gov. Andrew Cuomo sent a letter to the Department of Health urging it to find ways to "accelerate the process for this specific dire population." Cuomo added that he looked forward "to any progress you can make for the children of our state living with epilepsy."

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

This Week's Corrupt Cops Stories

A six-pack of dirty narcs gets nailed in Philly, a trio of crooked jail guards gets popped in New York City, an upstate New York cop gets busted for providing heads-ups to suspects, and a former West Virginia cop heads to prison for ripping off pain pills. Let's get to it:

In New York City, three Rikers Island jail guards were arrested Tuesday on charges they smuggled prescription pills, cocaine, and other drugs into the jail. Current guards Steven Dominguez, 26, and Infinite Divine Rahming, 30, and former guard Deleon Gift went down in a sting operation. They now face charges including conspiracy, bribery, and drug possession.

In Troy, New York, a Troy police officer was arrested Wednesday on charges he tipped off drug suspects about an impending state police raid. Patrolman Brian Gross, a 10-year veteran of the force, was assigned to assist the State Police narcotics team and came under suspicion after five February drug raids failed to turn up any drugs. He is accused of informing one person of an impending raid, with that person then informing the raid target. He faces felony charges of tampering with physical evidence, and misdemeanor charges of official misconduct and second-degree obstructing governmental administration. He is free on his own recognizance.

In Philadelphia, six narcotics officers were arrested Wednesday on a host of corruption charges, including robbery, extortion, kidnapping, and drug dealing. They are accused of ripping off hundreds of thousands of dollars in drugs and cash from suspected drug dealers, kidnapping and threatening their victims, falsifying reports to conceal their theft of drug proceeds, and much, much more. The six charged are Thomas Liciardello, 38; Brian Reynolds, 43; Michael Spicer, 46; Perry Betts, 46; Linwood Norman, 46; and John Speiser, 44. Federal prosecutors asked that they be held without bail because of their proclivities toward violence.

In Clarksburg, West Virginia, a former Shinnston police officer was sentenced Monday to four to 16 years in prison for confiscating hydrocodone from people and then keeping the pills for himself. Charles Roscoe Henning III pleaded guilty last month to four counts of obtaining a controlled substance by misrepresentation by fraud, forgery, deception or subterfuge.

Chronicle AM -- July 30, 2014

Marijuana arrests are up in a third of the states, the drug czar's office responds to the New York Times, Dr. Carl Hart wins a literary award, Philly narcs get busted, and more. Let's get to it:

Bus ad for the Alaska marijuana legalization campaign.
Marijuana Policy

ONDCP Responds to New York Times Call to End Federal Marijuana Prohibition. In a Monday night blog post, the Office of National Drug Control Policy (ONDCP -- the drug czar's office) responded to the New York Times's Sunday editorial calling for the end of federal marijuana prohibition. "Marijuana legalization is not the silver bullet solution," ONDCP proclaimed. "The New York Times editorial team failed to mention a cascade of public health problems associated with the increased availability of marijuana," the blog post reads. "While law enforcement will always play an important role in combating violent crime associated with the drug trade, the Obama Administration approaches substance use as a public health issue, not merely a criminal justice problem." Click on the link to read the whole post.

NORML PAC Endorses Constance Johnson for US Senate in Oklahoma. NORML PAC, the campaign and lobbying arm of the National Organization for the Reform of Marijuana Laws (NORML) has endorsed state Sen. Constance Johnson (D) for the US Senate in Oklahoma. Johnson has been an advocate for medical marijuana and marijuana legalization and, this year, has been leading a petition drive to put legalization on the November ballot. "I'm incredibly thankful for NORML's endorsement, " said Sen. Johnson. "After years of stonewalling in the state legislature, I'm taking this fight to the people. It's time for the people of Oklahoma to speak on this issue." The Democratic primary is August 26.

Marijuana Arrests Up in Many States. Although annual marijuana arrests nationwide declined by 3.3% between 2008 and 2012, they increased in at least 17 states, according to a report published by NORML, Marijuana in the States 2012: Analysis and Detailed Data on Marijuana Use and Arrests. South Carolina and the District of Columbia saw the biggest increases, but DC has just decriminalized marijuana possession, so that should change soon. Marijuana arrests accounted for two-thirds of more of all drug arrests in five states: Nebraska (74.1%), New Hampshire (72%), Montana (70.3%), Wyoming (68.7%) and Wisconsin (67.1%).

Alaska Legalization Campaign Unveils News Bus Ads. The Campaign to Regulate Marijuana Like Alcohol In Alaska unveiled a series of bus ads yesterday in Anchorage that highlight the relative safety of marijuana compared to alcohol. The ads will appear throughout the week on city buses.

National Cannabis Industry Association Announces Food Safety Program for Edibles Makers and Responsible Selling Program for Retailers. The National Cannabis Industry Association will hold a ServSafe Food Safety training for edibles makers and a responsible selling program for budtenders in Denver next month. Click on the link to register.

Medical Marijuana

New York Governor Tells Health Department to Hurry Up with Medical Marijuana. Impelled by the deaths of two children with epileptic seizure disorders whose conditions could be alleviated with medical marijuana, Gov. Andrew Cuomo today sent a letter to the Department of Health urging it to find ways to "accelerate the process for this specific dire population." Cuomo added that he looked forward "to any progress you can make for the children of our state living with epilepsy."

Fired University of Arizona Medical Marijuana Researcher Loses Appeal. Dr. Sue Sisley, the University of Arizona researcher whose pending study of medical marijuana to treat PTSD among veterans was halted when she was fired last month, has lost an appeal to regain her job. Sisley is now looking for a new academic home to pursue the research.

Law Enforcement

Six Philadelphia Narcs Charged in Corruption Probe. The long-running scandal around Philadelphia's out-of-control narcotics units took another twist today when federal prosecutors filed criminal charges against six of them, including robbery, extortion, kidnapping, and drug dealing. They are accused of shaking down drug dealers and stealing hundreds of thousands in cash and drugs over a six-year period. Federal prosecutors asked that they be held without bail, given their violent histories.

Drug Science

Dr. Carl Hart's "High Price" Wins Science Writing Award. Dr. Carl Hart, a neuroscientist and associate professor of psychology and psychiatry at Columbia University (and Drug Policy Alliance board member), has been awarded the PEN/EO Wilson Literary Science Writing Award for his memoir, "High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society." Read our review of "High Price" here.

International

Medical Marijuana Civil Disobedience Action in Italy. Activists affiliated with the Italian Radical Party have engaged in civil disobedience over medical marijuana by planting seeds to grow specifically selected marijuana plants to treat patients with multiple sclerosis. The move is a result of frustration with the lack of effective access to medical marijuana in the country, where only 60 patients manage to obtain Dutch-produced medical marijuana through the Public Health Service. Click on the link for more details.

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

Chronicle AM -- July 29, 2014

Marijuana Policy

New York gubernatorial candidate Randy Credico slams Cuomo on clemency. (credico2014.com)
Colorado, Washington Senators Urge White House to Intervene to Fix Muddled Federal Marijuana Policies. All four US senators from the legal marijuana states signed onto a letter to the White House yesterday saying that federal policies about marijuana in states where it is legal are "at odds with one another" and asking the administration to establish "consistent and uniform" guidelines across the federal government. "Without such guidance, our states' citizens face uncertainty and risk the inconsistent application of federal law in Colorado and Washington state, including the potential for selective enforcement actions and prosecution," wrote Sens. Mark Udall and Michael Bennett of Colorado and Patty Murray and Maria Cantwell of Washington.

Oregon Legalization Initiative Picks Up Endorsements. The New Approach Oregon marijuana legalization initiative has announced endorsements from three groups: the Oregon State Council for Retired Citizens, the Oregon Criminal Defense Lawyers Association, and the national group Law Enforcement Against Prohibition.

No Legalization Vote in Grosse Point, Michigan, After All. A marijuana legalization initiative won't be on the ballot in Grosse Point this fall after city officials disqualified some signatures over a technicality. One set of signatures had the wrong date on it, disqualifying 106 of the 596 signatures turned in and leaving the signature count at 490, five fewer than needed to make the ballot.

Albuquerque Decriminalization Initiative Supporters Hand in Signatures. Supporters of a decriminalization initiative in New Mexico's largest city handed in 16,000 signatures to city officials Monday. They need 11,203 valid signatures to qualify for the November ballot. A similar effort in Santa Fe came up short last week, but there is still time to gather more signatures there.

York, Maine, Selectmen Reject Putting Legalization Ordinance on Ballot; Advocates Will Have to Come up With More Signatures to Force Vote. If the people in York want to vote to legalize marijuana, they will have to do it themselves. The town Board of Selectmen yesterday voted not to put a legalization initiative on the November ballot, so now advocates will have to come up with 613 more signatures to force a vote.

Harm Reduction

UNODC Issues Call for Harm Reduction Proposals from Civil Society Organizations. The UN Office on Drugs and Crime has issued a call for civil society organizations to apply for funding to support work in harm reductions. The proposals should be strategic initiatives addressing HIV prevention, treatment, care, and support among injection drug users. The deadline for applications is August 20. Click on the link for more details and to apply.

Law Enforcement

The Year's 27th Drug War Death. The Drug War Chronicle has been tracking deaths related to US domestic drug law enforcement activities since 2011. We're going to start including them here, beginning with the death last week of Ohio resident Agyasi Ector, 27, who was walking to his job when he was struck and killed by a vehicle being driven at high speeds as it was being chased by police doing a drug investigation. Police said they plan to charge the driver with murder, but hold themselves blameless in the high-speed pursuit. Click on the link for more details and for links to previous drug war deaths.

Sentencing

Paul Ryan's Poverty Plan Includes Nod to Sentencing Reform. Rep. Paul Ryan (R-WI)'s plan to address poverty in America includes some mention of sentencing reform. He calls for reduced resort to mandatory minimum sentencing and encourages states to enact sentencing reforms as well.

Independent New York Governor Candidate Slams Cuomo Over Failing to Use Clemency Powers. Independent gubernatorial candidate and political gadfly Randy Credico accuses Gov. Andrew Cuomo of Grinch-like behavior in failing to exercise his power to grant clemency and pardons to prisoners and ex-prisoners. Cuomo has granted zero clemencies. Credico notes that previous governors have made use of that power, but that Cuomo is even worse than his father, Mario Cuomo, who "granted an enemic 33 pardons while bouncing and stuffing 30,000 poor blacks and Latinos into the 36 new state prisons he built with funds that could have been used for low cost housing or improving the school system."

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

Membership: "High Price" Signed (reduced price), "After Legalization" (e-book)

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Dear StoptheDrugWar.org supporter:

Thank you to those of you who have responded to our membership offers and donation requests. We continue to offer the following items (as well continue other items through our donation form's drop-down menu):

E-Book: "After Legalization: Understanding the Future of Marijuana Policy," by John Walker of Firedoglake. Read our review of the book, by Drug War Chronicle editor Phil Smith, here. Donate $12 or more to StoptheDrugWar.org, and we will email you a code and instructions for downloading After Legalization (epub or mobi format).

Author-Signed: Dr. Carl Hart's "High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society" -- now for a reduced minimum donation amount of $35. (Author-signed copies will be sent for as long as current stocks last. After they run out, we reserve the right to send unsigned copies if necessary.)

For a minimum donation of $40, you can request both High Price and After Legalization. For any premium order, make sure to specify your request using our donation form's drop-down menu, or use the comment box for any special instructions.

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Although we've asked for the above-listed minimum donation amounts to qualify for these gifts with your membership, I also hope you'll donate more if you can afford to. Things have changed in the drug reform funding scene, making our organization more dependent on membership to continue our programs.

Also note that donations to StoptheDrugWar.org can be tax-deductible, supporting our educational work, or non-deductible, supporting our lobbying work. (Note that selecting any gift items reduces the amount of your donation that is deductible -- which with a smaller gift amount can be most of it.) Donations can be made by credit card or PayPal at http://stopthedrugwar.org/donate, or sent by mail to P.O. Box 9853, Washington, DC 20016. If you are donating by check, please make it payable to DRCNet Foundation (if tax-deductible) or Drug Reform Coordination Network (if not deductible). If you wish to donate stock, the information to give your brokerage is Ameritrade, (800) 669-3900), DTC#0188, and account number 781926492 for tax-deductible gifts or 864663500 for non-deductible gifts -- please make sure to contact us if donating in this way.

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Washington, DC
http://stopthedrugwar.org

Did You Know? 23 States' and DC's Medical Marijuana Laws, from ProCon.org

Did you know that 23 states and the District of Columbia have laws legalizing medical marijuana? Read the details on medicalmarijuana.procon.org, part of the ProCon.org family.

Follow Drug War Chronicle for more important facts from ProCon.org over the next several weeks, or sign up for ProCon.org's email list or RSS feed.

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.

Rand Paul Files Crack Sentencing Reform Bill

Sen. Rand Paul (R-KY) last Thursday filed Senate Bill 2657 the RESET (Reclassification to Ensure Smarter and Equal Treatment) Act to eliminate the sentencing disparity between crack and powder cocaine. The potential 2016 GOP presidential contender unveiled the bill publicly the following day as he pitched his criminal justice reforms before an African-American audience at the National Urban League.

Rand Paul (congress.gov)
The bill would also reclassify some low-level federal drug possession offenses from felonies to misdemeanors. And it seeks to address the issue of drug weights in food items by clarifying that only the weight of the drug itself -- not the weight of the food containing it -- can be used in charging decisions, thus resulting in lesser charges for defendants.

As of early Tuesday morning, the text of the bill is not yet up on the congressional web site, but can be viewed here.

The 2010 Fair Sentencing Act reduced the crack/powder cocaine sentencing disparity from 100:1 to 18:1, but this bill would totally equalize the penalties by removing the sentencing enhancements for crack.

It's been a busy month for Paul when it comes to criminal justice matters. In addition to the RESET Act, he has also introduced an asset forfeiture reform bill and a medical marijuana amendment explicitly allowing states to set their own laws. And he also cosponsored, along with Sen. Cory Booker (D-NJ), another sentencing reform bill.

Washington, DC
United States

Pedestrian Killed in Drug Investigation Police Chase

An Ohio man walking to his job was struck and killed by a vehicle being driven at high speeds as it was being chased by police doing a drug investigation. Agyasi Ector, 27, becomes the 27th person to die in US domestic drug law enforcement operations so far this year.

According to WDTN 2 TV News, citing law enforcement sources, Trotwood Police began chasing a vehicle "as a result of a drug operation." During the chase, the fleeing vehicle reached speeds of up to 100 mph, Captain John Porter said.

The vehicle crashed on Shiloh Springs Road near Olive Road, where Ector was walking. He was struck by the vehicle and killed.

The two men in the fleeing vehicle, who have not yet been identified, were treated for non-life-threatening injuries at a local hospital. Police said they face possible charges of murder and felonious assault.

Captain Porter said that despite the fatal result of the high-speed pursuit, police did everything right.

"It wasn't the officer that crashed in this," he said. "It wasn't the officer that lost control in this particular situation. We prepare the officers very specifically on policy and procedure, and as far as we can tell from our preliminary investigation, our officers followed all of those policies and procedures."

WDTN 2 TV News obtained a copy of the department's pursuit policy. It says pursuits should be called off if "the risk of continuing the pursuit is greater to the member and the community than the risk the suspect poses to the community if they escape."

Trotwood, OH
United States

Chronicle Book Review: To End the War on Drugs

To End the War on Drugs: A Guide for Politicians, the Press, and Public by Dean Becker (2014, DTN Media, 340 pp., $19.95 PB)

Dean Becker is on a crusade. As I write these words, the Houston-based activist, advocate, and journalist is in Washington, DC, preparing for a Tuesday press conference in which he, along with other drug reform advocates, will announce a "Summer Reading Assignment" for Congress, the executive branch, the Supreme Court, and the governors of the 50 states. The assignment is to read his new book, To End the War on Drugs.

(Just last week, Becker put out a special "Policy-makers edition" of the book for this purpose.)

Becker is convinced that if the politicians just understood how horribly wrong-headed and misguided drug prohibition is, they would see the error of their ways and repent. I'm not sure I share his trust in the power of truth to overcome hide-bound thought processes and entrenched interests, but To End the War on Drugs is chock-full of argument and information that will be of great use to anyone seeking an understanding of how far off-the-rails our prohibitionist drug policies have taken us.

To End the War on Drugs is a compilation (and, hopefully, not the culmination) of Becker's 15 years in the trenches of what I call drug reform movement journalism. By that I mean reporting that seeks to accurately portray the effects of drug prohibition as well as the battles to change the drug laws, but which is informed by a certain editorial perspective. That perspective is that the drug war is a disaster.

When I first started covering the drug war for the Chronicle 13 years ago, I was almost alone in providing systematic coverage. There was High Times, but there weren't the dozens of marijuana-related magazines and hundreds of pot-related blogs that there are now. There wasn't much interest in marijuana reform in the mainstream media, let alone much concern about prison overpopulation, racism, and law enforcement militarization. The blogosphere was in its infancy. It was a pretty lonely beat, but Dean Becker was there.

He's been at it since 1999, creating his own movement journalism version of a media empire, beginning with the Drug Truth Network's Cultural Baggage radio shows broadcast from Houston's Pacifica radio station, which currently airs on around a hundred stations, and now including the Unvarnished Truth TV program. At the same time, Becker has also been an activist, working with the Drug Policy Forum of Texas and once heading Houston NORML.

The words of those Becker interviewed for the programs form the bulk of To End the Drug War. The book contains excerpts from interviews with more than a hundred people involved in the drug war or in ending it, including politicians, cops, lawyers, judges, researchers, scientists, and even other journalists (including yours truly, whose comments on the Mexican drug war a few years ago warranted a few pages). There is plenty of ammunition in there for folks seeking to demolish drug prohibition.

And that's exactly what Becker wants to do. He makes no bones about it. The interview excerpts make up the bulk of the book, but they are divided into various topics, with Becker providing an introductory page or two for each topic, and that's when Dean gets to shine. Journalists are usually doing the listening, not the talking -- watch out when we get a chance to say what's actually on our minds!

In his mini-essays, Becker makes it crystal clear that his mission, his obsession, his over-riding goal, is to drive a stake through the heart of the drug war. His is a demand for freedom and justice, and he is happy to leave the hesitations, the equivocations, and the qualifications to others. And he doesn't pull a lot of punches.

"Incrementalism" is, in Becker's view, a trap, a detour, a diversion. Drug prohibition, with all its horrors, has gone on more than long enough, and half-measures like drug decriminalization are not sufficient to end the evil. It is time to quit screwing around and end the drug war, he writes.

Similarly, while of course Becker wants marijuana legalization -- and he wants it now! -- he also understands that the drug war doesn't end with weed. It isn't white pot smokers who are filling our prisons, and legalizing weed isn't going to empty them out. It's going to take actually ending drug prohibition. Incremental measures such as sentencing reforms -- while a blessed relief to the victims of the drug war -- aren't going to end the injustice.

When it comes to drug prohibition, Becker is an absolutist. And I don't think that's a bad thing. To End the Drug War is his cri de couer. It deserves to be widely read, not only by those seeking ammunition to reinforce their policy positions on the drug war, but by those decision-makers and opinion-shapers at whom it is aimed.

Chronicle AM -- July 28, 2014

The New York Times comes out for marijuana legalization, a Florida poll finds majority support for it, Rand Paul introduces a bill to wipe out the crack/powder cocaine sentencing disparity, and more. Let's get to it:

The nation's "newspaper of record" wants to free the weed. (wikimedia.org)
Marijuana Policy

New York Times Editorial Board Calls for End to Federal Marijuana Prohibition. What is arguably the most influential and respected newspaper in the United States is ready to free the weed. In a Sunday editorial, the New York Times called forthrightly for the end of federal marijuana prohibition. "The federal government should repeal the ban on marijuana," the newspaper proclaimed. "We reached that conclusion after a great deal of discussion among the members of The Times's Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws."

Alaska Legalization Initiative Backers File Campaign Finance Complaint Against Foes. The Campaign to Regulate Marijuana Like Alcohol in Alaska has filed a complaint with the Alaska Public Offices Commission charging that the "Big Marijuana, Big Mistake, Vote No on 2" campaign deceived the public trust when its campaign spokesperson, Kristina Woolston, said her employer, Northwest Strategies is donating its time to the campaign. State law requires that donations be filed as campaign contributions.

Florida Poll Finds 55% for Marijuana Legalization. A majority (55%) of Floridians are ready to legalize marijuana, a new Quinnipiac University poll has found. It looks to be a generational thing; 72% of people under 30 support it, but only 36% of people 65 and older do. The poll also had 88% support for medical marijuana.

More Michigan Towns to Hand in Local Decriminalization Initiative Signatures Tomorrow. Initiative organizers in Port Huron, Lansing, and Portage are preparing to hand in signatures for local decriminalization initiatives tomorrow. The Safer Michigan Coalition says organizers have already handed in signatures in 14 other towns: Frankfort, Huntington Woods, Mt. Pleasant, Pleasant Ridge and Utica; in prior weeks, they did so in Berkley, Grosse Pointe Park, Harrison, Hazel Park, Lapeer, Montrose, Oak Park, Onaway and Saginaw.

Santa Fe, New Mexican, Decriminalization Initiatives Comes Up Short on Signatures. A campaign to put a municipal decriminalization on the Santa Fe ballot in November has hit a bump. Only 3,569 of the 7,000 signatures it handed in were valid; it needs 5,763 to qualify. But campaigners still have more time to gather more.

Medical Marijuana

Bill to Allow Low-THC, High-CBD Medical Marijuana Filed in US House. Rep. Scott Perry (R-PA) today introduced a bill that would exempt low-THC, high-CBD marijuana from the federal Controlled Substances Act. The Charlotte's Web Medical Hemp Act is not yet available on the congressional web site.

Law Enforcement

Staten Island Narcs Are NYPD's Most Sued. Seven of the 10 most sued NYPD officers work out of a Staten Island narcotics unit, according to an analysis by the New York Daily News. Those Staten Island narcs account for 21% of the more than 600 cases filed against NYPD officers in the past decade. Taxpayers have shelled out more than $6 million to settle suits against them. Most of the suits against them allege false arrests for charges that are later dropped. Detective Vincent Orsini, who has been sued 21 times since 2003, with payouts of nearly $1.1 million, is the most-sued cop on the Island.

Sentencing

Rand Paul Introduces Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. Sen. Rand Paul (R-KY) last Thursday filed the RESET (Reclassification to Ensure Smarter and Equal Treatment) Act to eliminate the sentencing disparity between crack and powder cocaine. The 2010 Fair Sentencing Act reducing the disparity from 100:1 to 18:1, but this bill would totally equalize the penalties. The bill would also reclassify some low-level federal drug possession offenses from felonies to misdemeanors. It is not yet up on the congressional web site.

International

Gun Battles Continue in Northeast Mexico Across from US Border. Fighting between various Mexican drug cartel factions in the northeastern state of Tamaulipas continues. Gun battles in Reynosa, just across the Rio Grande River from McAllen, Texas, left six suspected cartel gun men dead, including at least one killed by Mexican marines.

New York Times: End Federal Marijuana Prohibition

What is arguably the most influential and respected newspaper in the United States is ready to free the weed. In a Sunday editorial, the New York Times called forthrightly for the end of federal marijuana prohibition.

"The federal government should repeal the ban on marijuana," the newspaper proclaimed. "We reached that conclusion after a great deal of discussion among the members of The Times's Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws."

The Times's Editorial Board pondered whether to maintain federal prohibition while allowing the states to experiment with legalization, but decided that was not the best option.

"We considered whether it would be best for Washington to hold back while the states continued experimenting with legalizing medicinal uses of marijuana, reducing penalties, or even simply legalizing all use. Nearly three-quarters of the states have done one of these," the Times said. "But that would leave their citizens vulnerable to the whims of whoever happens to be in the White House and chooses to enforce or not enforce the federal law."

The social consequences of marijuana prohibition are "vast" and its result is "racist, falling disproportionately on young black men, ruining their lives and creating new generations of career criminals," the Times said.

Meanwhile, "the evidence is overwhelming that addiction and dependence are relatively minor problems, especially compared with alcohol and tobacco. Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. Claims that marijuana is a gateway to more dangerous drugs are as fanciful as the 'Reefer Madness' images of murder, rape and suicide."

Coming up with systems to regulate marijuana sales, production, and distribution is a "complex" task, "but those problems are solvable, and would have long been dealt with had we as a nation not clung to the decision to make marijuana production and use a federal crime," the Times said.

Bottom line? "We recognize that this Congress is as unlikely to take action on marijuana as it has been on other big issues. But it is long past time to repeal this version of Prohibition."

New York, NY
United States

Florida Man Killed in Drug Bust Gun Battle

A Belle Isle, Florida, man died Wednesday during a gun battle with undercover deputies trying to seize a package from his home. Giles Harrison Carter, 29, becomes the 26th person to die in US domestic drug law enforcement operations so far this year.

According to WOFL Fox 35 Orlando, citing police sources, undercover Orange County sheriff's deputies belonging to the department's narcotics unit were attempting to intercept a package from a home when Carter opened fire, then retreated inside his house. Deputies said he barricaded himself inside and continued to exchange gunfire with them.

"During the shooting, the deputies had some conversation with him [Carter]. They were identified," said Orange County Sheriff Jerry Demings during a news conference held on Wednesday afternoon. "He [Carter] had a handgun. At that point, the gun was pointed directly at them, is what I'm being told at this time. They fired at him, he retreated into the home and came back and fired another volley of rounds at the deputies."

Sheriff Demings did not say whether the undercover deputies "were identified" as such by Carter before that point.

An Orange County SWAT team was called in to rescue the deputies, who were "pinned down by the gun fire." After a brief conversation between Carter and the SWAT team, the team entered the home and reported finding him dead.

It's not clear whether Carter was shot by police or died at his own hand. Nor is it clear whether he was the intended recipient of the package or what was actually in it.

Carter, an Army veteran, had been arrested for possession of marijuana and drug paraphernalia last Friday. But other than that, he had no criminal record, his attorney in that case said.

"Mr. Carter is fairly new to the area, and he had previously been in the US military. He told me he was a veteran, and we were approaching the State Attorney's Office about avoiding prosecution completely and looking into a pre-trial diversion program to keep his record clean, so that he could obtain and maintain security clearances with the federal government," said attorney John Gihon. "Mr. Carter, he was a smart guy. He was intelligent and educated, and it really came across in the short time that I knew him. To find out now that he's dead; that's really a shock to me."

The Florida Department of Law Enforcement (FDLE) will conduct the deputy involved shooting investigation and the Orange County Sheriff's Office Professional Standards section will conduct an administrative review.

Belle Isle, FL
United States

Chronicle AM -- July 25, 2014

Wichita looks set to vote on decriminalization this fall, Rand Paul (busy, busy) files a federal asset forfeiture reform bill, drug users finally get a voice at the International AIDS Conference, and more. Let's get to it:

http://stopthedrugwar.org/files/KFC_logo2.jpg
Marijuana Policy

Wichita Decriminalization Initiative Campaign Turns in Twice the Necessary Signatures. Organizers of a decriminalization initiative signature-gathering campaign yesterday turned in 5,800 signatures to get the initiative on the November ballot. Kansas for Change needs 2,928 valid voter signatures to qualify. They turned in the signatures at 4:20pm.

Five People Ticketed for Marijuana Possession in First Week of DC Decriminalization Law. DC police have cited five people for marijuana possession in the week since the DC decrim law went into effect. Four of the five citations came in predominantly black areas of the city east of the Anacostia River. Last year, before decrim, police made about 11 marijuana possession arrests a day.

Poll: California Latinos Strongly Oppose Deportation for Marijuana Possession. A new poll from Latino Decisions and Presente.org finds that nearly two-thirds (64%) of California Latinos strongly oppose deporting non-citizens for marijuana possession. Marijuana possession is the fourth most common criminal offense leading to deportation, according to a 2012-2013 study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

Asset Forfeiture

Rand Paul Files Asset Forfeiture Reform Bill. Sen. Rand Paul (R-KY) has filed a bill to reform federal asset forfeiture laws. Yesterday, he introduced the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime. The FAIR Act would also require that state law enforcement agencies abide by state law when seizing property. It would also remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

International

Drug Users Get a Voice at Global AIDS Conference. For the first time, a group of drug users has been allowed space at the International AIDS Conference, taking place this year in Melbourne, Australia. The International Network of People Who Use Drugs (INPUD) had a booth at the conference and also held a movie premiere event at the conference for the film, "We are Drug Users."

British National Survey Finds Slight Overall Increase in Drug Use. The number of drug users in Britain increased by 0.7% last year, according to the 2013 to 2014 Crime Survey for England and Wales. Some 8.8% of adults used drugs in the past year; 6.6% used marijuana. Cocaine was the second most commonly used drug, at 2.4%.

Guatemalan President Still Mulling Marijuana Legalization. President Otto Pérez Molina said in an interview in Washington yesterday that he hadn't ruled out the possibility of legalizing marijuana. "Right now we have a commission that's following what's been happening in Uruguay, Portugal, Holland, Colorado, and the state of Washington," he said. "I expect to receive the studies, analysis and recommendations at the end of the year and from there we will make the decisions that would best fit our country." Pérez Molina will be hosting an international conference on drug policy in Guatemala in September.

WOLA Releases Analysis of Ecuador Drug Policy Trends and Contradictions. The Washington Office on Latin America (WOLA) has published "Reforma y contradicciones en la politica de drogas de Ecuador." The report identified advances and blockages in Ecuador's path to a more progressive drug policy. Click on the link to read it in Spanish or use your translate button or wait a few days for WOLA's English version to read it in English.

Rand Paul Files Asset Forfeiture Reform Bill

Sen. Rand Paul (R-KY) has filed a bill to reform federal asset forfeiture laws. Yesterday, he introduced the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.

A modern form of highway robbery?
It also takes aim at state and local law enforcement agencies who evade state laws requiring that seized assets go into state general funds or other specified destinations by instead turning their seizures over to a federal agency, which delivers back 80% of the value of the seized goods to the local or state law enforcement agency involved.

The FAIR Act would require that state law enforcement agencies abide by state law when seizing property. It would also remove the profit incentive for forfeiture by redirecting forfeitures' assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime," Sen. Paul said.

The bill has been referred to the Senate Judiciary Committee. As of today, it has no cosponsors.

Washington, DC
United States

Chronicle AM -- July 24, 2014

There's dollar signs coming with marijuana legalization laws, Rand Paul moves to protect medical marijuana, but it's too late for one New York girl, there's a new opiate pain reliever out there (with a twist), and more. Let's get to it:

Chilean Senator Isabel Allende Bussi wants to legalize marijuana possession and cultivation. (wikimedia.org)
Marijuana Policy

Oregon Marijuana Legalization Could Generate $38.5 Million in Taxes in First Year, Report Says. An economic study commissioned by New Approach Oregon, the people behind the marijuana legalization initiative just approved for the November ballot, finds that legalization would produce $38.5 million in tax revenues in its first year.

Medical Marijuana

Rand Paul Files Medical Marijuana Amendment. US Senator Rand Paul (R-KY) today filed an amendment to Senate Bill 2569, the "Bring Jobs Home Act," that would explicitly allow states to pass medical marijuana laws despite the provisions of the federal Controlled Substances Act. The amendment would also bar prosecutions of patients and doctors for engaging in medical marijuana activities in states where it is legal.

New York Poster Child for Medical Marijuana Dies Without Her Medicine. Nine-year-old Anna Conte, whose family has been at the center of the Empire State medical marijuana debate, has died without ever gaining access to marijuana medicines that may have alleviated her condition. Conte suffered from Dravet Syndrome, which caused her to suffer hundreds of crippling seizures every day. The state passed a medical marijuana law last month, but it won't go into effect for another year and a half.

Minnesota Names Medical Marijuana Director. The state Department of Health has named department employee Michelle Larson the first-ever director of the Office of Medical Cannabis. She is charged with managing the office's staff and creating and implementing administrative policies for things like an application process for a manufacturer and a patient registry. The state's law limits medical marijuana to eight specified diseases or conditions and does not allow for the use of smoked marijuana.

Prescription Opiates

FDA Approves Oxycodone/Naloxone Combo Pain Reliever. The Food and Drug Administration (FDA) has approved a new opioid pain reliever that combines oxycodone and naloxone. Targiniq ER, produced by Purdue Pharma, the maker of Oxycontin, included naloxone to block the euphoric effects of oxycodone, making it less likely to be misused.

International

Poll Finds Strong Australian Majority for Medical Marijuana. A new ReachTel survey finds that nearly two-thirds of respondents support legalizing medical marijuana. Support was highest among people between 51 and 65. The poll comes as New South Wales inches toward approving medical marijuana.

Chilean Senators Propose Legalizing Marijuana Possession, Cultivation. Four Chilean senators have introduced a bill that would legalize the possession and cultivation of small amounts of marijuana for personal use, as well as for "therapeutic and spiritual reasons." The legislators include Sen. Isabel Allende Bussi, daughter of Salvador Allende, who died in the midst of a rightist military coup to overthrow him in 1973, and Juan Pablo Letelier, the son of Orlando Letelier, a Chilean politician assassinated by the Pinochet government in Washington, DC, in 1976.

Rand Paul Files Medical Marijuana Amendment

US Senator Rand Paul (R-KY) today filed an amendment to Senate Bill 2569, the "Bring Jobs Home Act," that would explicitly allow states to pass medical marijuana laws despite the provisions of the federal Controlled Substances Act. The amendment would also bar prosecutions of patients and doctors for engaging in medical marijuana activities in states where it is legal.

Rand Paul (congress.gov)
The amendment, No. 3630, is not yet available on the congressional web site, but a copy has been made available to the Chronicle.

"Notwithstanding section 708 of the Controlled Substances Act or any provisions of law (including regulations), a State may enact and implement a law that authorizes the use, distribution, possession, or cultivation of marijuana for medical use," the amendment says.

"No prosecution may be commenced or maintained against any physician or patient for a violation of Federal law (including regulations) that prohibits the conduct described in subsection (b) [Ed.: The paragraph above.] if the State in which the violation occurred has in effect a law described in subsection (b) before, on, or after the date on which the violation occurred."

The amendment then lists the 32 states and the District of Columbia that have laws allowing for the use of medical marijuana, including some that only allow for the use of low-THC, high-CBD cannabis oils.

Senate Bill 2569 was introduced in the Senate earlier this month.

Washington, DC
United States

Medical Marijuana Update

Medical marijuana takes another step toward self-regulation, patients and supporters rally for a fired Arizona medical marijuana researcher, Illinois expands its medical marijuana program, and more. Let's get to it:

National

On Wednesday, a national herbal medicine industry group issued guidelines for medical marijuana manufacturers. The American Herbal Products Association (AHPA) released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona

On Monday, a state court judge ruled that patients can sell to other cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants for sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a higher court ruling (favorable or otherwise) would set precedent statewide.

On Tuesday, veterans gathered at the University of Arizona to demand reinstatement of a medical marijuana researcher. The veterans gathered at the UA College of Medicine in Phoenix to protest the firing and demand the reinstatement of Dr. Sue Sisley, who was set to do FDA-approved research into medical marijuana for veterans with PTSD before she was fired. Sisley accuses political opponents of medical marijuana of being responsible for her termination.

On Wednesday, the campaign to reinstate medical marijuana researcher Dr. Sue Sisley picked up steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of the medical marijuana researcher, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now had over 67,000 signatures (30,000 of them from Tuesday alone) and a there is also a Facebook page supporting her.

Arkansas

On Monday, the state attorney general rejected the wording of a medical marijuana initiative. Attorney General Dustin McDaniel has rejected the wording of an initiative aimed at putting medical marijuana on the 2016 ballot. The initiative is sponsored by Arkansans for Compassionate Care, which tried unsuccessfully to get a similar initiative on the ballot this year.

California

Last Wednesday, a Northern California congressman called on federal prosecutors to go after "trespass" marijuana growers, not people complying with state law. US Rep. Jared Huffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

Last Friday, a Kern County judge ruled that a collective can appeal a court decision overturning the county's Measure G dispensary ordinance. Superior Court Judge Kenneth Twisselman ruled that the Highway 99 Collective can appeal his earlier ruling that Measure G violated state environmental laws. Highway 99 was the only collective to comply with Measure G and had been cleared to operate under the restrictive ordinance.

On Monday, the San Bernardino city attorney called on the city council to begin studying ways of enforcing its dispensary ban -- including by allowing a small number of dispensaries. City Attorney Gary Saenz acknowledged the "futility and high cost" of attempting to eradicate dispensaries and suggested the council "move the distribution of medical marijuana from the black market to the regulated market."

On Monday, the San Jose city clerk reported that a signature-gathering campaign to protect the city's dispensaries had fallen short. That means most of the city's 80 dispensaries will have to close by next July. A restrictive ordinance passed by the city council last month limits them to less than 1% of the city's parcels.

Illinois

On Sunday, the governor signed a bill to expand access to medical marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico

Last Thursday, the state backed off on proposed changes to the medical marijuana program. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

New York

Last Thursday, a state-level medical marijuana business alliance was formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

Washington

Last Thursday, the UFCW said it would start representing Washington medical marijuana workers. The United Food and Commercial Workers (UFCW) Local 367 announced this week that it expects to represents workers at a Puyallup medical marijuana collective. The UFCW represents a variety of retail, food processing, manufacturing, and production workers, but has also been active in the medical marijuana industry and has a Cannabis Workers Rising campaign, especially in California, where it has organized numerous work sites.

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

This Week's Corrupt Cops Stories

More cops with pain pill problems, another jailer busted, another cop caught in a protection sting, and another cop gets caught peddling steroids and prescription drugs. Let's get to it:

In Pacific, Missouri, a Pacific police officer was arrested last Thursday on charges he stole hydrocodone and oxycodone from the department evidence room. Arthur Tullock, 55, is accused of "appropriating" the pills for his own use. He is charged with two counts of theft of a controlled substance and is now out on bail.

In Dawson, Georgia, a Terrell County jail guard was arrested last Friday after he got caught bringing drugs into the jail. Jantzsen Richardson is charged with possession of marijuana, but more charges are pending.

In Waycross, Georgia, a former Pierce County sheriff's deputy was sentenced last Wednesday to 93 months in federal prison for protecting drug dealers. Randy Strickland, 55, agreed to act as a look-out for people he believed were dealing meth, but he was actually caught up in a sting by a snitch monitored by federal agents. He had only sought $100 for providing security.

In Fort Lauderdale, Florida, a former West Palm Beach police officer was sentenced last Friday to five years in prison for selling drugs while on duty, in uniform, and carrying his service weapon. Dewitt McDonald, 46, admitted illegally selling steroids and prescription drugs and copped to one count of carrying a firearm during a drug trafficking offense.

In Clarksburg, West Virginia, a former Shinnston police officer was sentenced Monday to four to 16 years in prison for confiscating hydrocodone from people, then removing pills from the pill bottles before turning them in to the evidence room. Charles Roscoe Henning III had pleaded guilty last month to four counts of obtaining a controlled substance by misrepresentation by fraud, forgery, deception or subterfuge.

Chronicle AM -- July 23, 2014

South Portland, Maine, will vote on marijuana legalization in November, medical marijuana researcher Dr. Sue Sisley's campaign to be reinstated is picking up steam, Mississippi officials get an earful at a public forum on a welfare drug testing law, and more. Let's get to it:

Evo Morales is not only president of Bolivia; he's also the president of the country's largest coca growers' union. (wikimedia)
Marijuana Policy

South Portland, Maine, Marijuana Possession Legalization Initiative Qualifies for November Ballot. Officials in South Portland confirmed today that a citizen initiative to make marijuana possession legal for adults within city limits has qualified for the November 2014 ballot. Citizens for a Safer Maine, a Marijuana Policy Project affiliate, submitted more than 1,500 signatures, and just 959 valid signatures of registered city voters were required. The South Portland City Council will consider whether to enact the measure or refer it to city voters at its meeting scheduled for August 4.

Delaware House Hearing on Marijuana Decriminalization Today. The House Public Safety and Homeland Security Committee is holding a hearing on a decriminalization bill today. The amended version of House Bill 371 would make possession of up to an ounce a civil offense, punishable only by a fine. Under current law, small time possession is a misdemeanor that can garner up to six months in jail.

Medical Marijuana

National Herbal Medicine Industry Group Issues Guidelines for Medical Marijuana Manufacture. The American Herbal Products Association (AHPA) today released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona Judge Rules Patients Can Sell to Other Cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants to sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a favorable higher court ruling would set precedent statewide.

Campaign to Reinstate Arizona Medical Marijuana Researcher Picks Up Steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of medical marijuana researcher Dr. Sue Sisley, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now has 66,000 signatures (30,000 of them from yesterday alone) and a there is also a Facebook page supporting her.

Drug Testing

Mississippi Public Forum on Welfare Drug Test Law Leads for Calls to Amend It. A welfare recipient, civil liberties advocates, and Democratic politicians strong criticized the state's new law mandating drug testing for some welfare recipients at a public hearing yesterday. They called for it not to be implemented until it can be amended by the legislature. No one spoke in support of the law.

Law Enforcement

Orange County, Florida, Women Sue SWAT Team Over Violent Drug Raid. A mother and daughter are suing the Orange County Sheriff's Office after a SWAT team drug raid left a family dog dead and the daughter wounded by police gunfire inside their own home. The raid was aimed at a relative who didn't even live at the residence. Police found marijuana seeds and "drug paraphernalia" in the room where the relative had stayed, but charges against him were later dropped.

International

Bolivian President Wins Reelection as Head of Country's Largest Coca Growers Union; Vows to Expand Crop if Re-Elected as President. Evo Morales was a coca grower union leader before he was elected president of the country, and he's still a coca grower union leader. He was just reelected as head of the union, and he told union members that Bolivia needs a new law for coca production that would allow for expanded cultivation.

Membership: "High Price" Signed (reduced price), "After Legalization" (e-book)

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Dear StoptheDrugWar.org supporter:

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Although we've asked for the above-listed minimum donation amounts to qualify for these gifts with your membership, I also hope you'll donate more if you can afford to. Things have changed in the drug reform funding scene, making our organization more dependent on membership to continue our programs.

Also note that donations to StoptheDrugWar.org can be tax-deductible, supporting our educational work, or non-deductible, supporting our lobbying work. (Note that selecting any gift items reduces the amount of your donation that is deductible -- which with a smaller gift amount can be most of it.) Donations can be made by credit card or PayPal at http://stopthedrugwar.org/donate, or sent by mail to P.O. Box 9853, Washington, DC 20016. If you are donating by check, please make it payable to DRCNet Foundation (if tax-deductible) or Drug Reform Coordination Network (if not deductible). If you wish to donate stock, the information to give your brokerage is Ameritrade, (800) 669-3900), DTC#0188, and account number 781926492 for tax-deductible gifts or 864663500 for non-deductible gifts -- please make sure to contact us if donating in this way.

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Sentencing Commission Cuts Up to 46,000 Drug War Prisoners' Sentences [FEATURE]

In a much anticipated move, the US Sentencing Commission last Friday voted unanimously to retroactively apply previously approved reductions in federal sentencing guidelines to federal drug war prisoners already serving their sentences. The move means more than 46,000 federal prisoners will be able to apply for sentence reductions.

"This amendment received unanimous support from Commissioners because it is a measured approach," said Judge Patti Saris, chair of the Commission. "It reduces prison costs and populations and responds to statutory and guidelines changes since the drug guidelines were initially developed, while safeguarding public safety."

It's not going to be a flood of inmates suddenly walking out of federal prisons. Prisoners will not be able to seek sentence cuts until November 1 and none will be released before November 1, 2015. Those cuts will average about two years, turning what are currently average 11-year sentences to average nine-year sentences.

It is not quite a done deal. Congress has until November 1 this year to move to block it, but there appears to be little sign of any significant effort underway to do so.

The move is the latest in an effort by the Sentencing Commission to reduce the excesses of drug sentencing resulting from harsh laws passed mostly in the 1980s. It comes as the federal prison population continues to expand, even as state prison populations have begun to shrink following the enactment of sentencing reforms at the state level.

Before the Commission acted, it opened the issue to public comment, and the response indicated intense interest in making the move. The Commission received some 65,000 letters during the comment period, the vast majority endorsing the proposed change. Commenters included nearly a dozen US senators and representatives, including members of both the House and the Senate judiciary committees, all of them in support of the move, as well as federal judges, civil liberties, civil rights, and sentencing and drug reform groups.

According to the federal Bureau of Prisons, there are 100,549 people serving federal time for drug offenses, accounting for nearly half (49.7%) of all federal prisoners. The next two biggest categories are weapons offenses (15.7%) and immigration offenses (10.4%).

Sentencing Commission Chair Judge Patti Saris (uscourts.gov)
The federal prison population has tripled since 1991, largely driven by harsh drug war sentences, the Sentencing Commission found, and the federal prison budget is now eating up $6 billion a year, or one quarter of the entire Justice Department budget. The federal prison system is currently 32% over capacity, with that figure rising to 52% over capacity in maximum security prisons.

The Sentencing Commission acted in April to redress harsh prison sentences by reducing the base offense levels in drug quantity tables in the federal sentencing guidelines so that drug offenses are scored lower in the federal sentencing grid. That reduces the length of possible sentences for a given offense under the guidelines.

"The Commission has the statutory duty to ensure that the guidelines minimize the likelihood that the federal prison population will exceed capacity," Judge Saris explained. "Reducing the federal prison population has become urgent, with that population almost three times where it was in 1991" and high prison costs "are reducing the resources available for federal prosecutors and law enforcement, aid to state and local law enforcement, crime victim services, and crime prevention programs -- all of which promote public safety," she added.

"Many of the same factors which led us to vote in April to reduce drug guidelines support making those reductions retroactive," Saris continued. "The same changes in the guidelines and laws I mentioned earlier that made the lower guideline levels more appropriate prospectively also make lower guideline levels appropriate for those offenders already in prison, most of whom were convicted after many of these statutory and guideline changes were already in place. In addition, retroactive application of the amendment would have a significant impact on reducing prison costs and overcapacity, which was an important purpose of the amendment, and the impact would come much more quickly than from a prospective change alone."

The Sentencing Commission's action was greeted with cheers from the drug reform and sentencing reform communities.

The Sentencing Commission during a May public hearing. (uscourts.gov)
"We did it!" exclaimed Families Against Mandatory Minimums (FAMM) president and founder Julie Stewart. "We got full retroactivity of the drug guideline amendment! Because of your help, 46,000 federal drug offenders sentenced before November 1, 2014, will now be eligible to file a motion in federal court asking for a shorter sentence. I am thrilled with this outcome, especially because we did it together," she said. "More than two dozen FAMM supporters were present with me in the hearing room when the Commission voted in favor of full retroactivity. All of us were overjoyed at the result."

"The Sentencing Commission has promoted fundamental fairness by making its amendment retroactive, ensuring that sentence dates do not determine sentence lengths," said Marc Mauer, executive director of the Sentencing Project. "This vote reflects an historic shift in the decades-long war on drugs, which has filled half of federal prison cells with people convicted of drug offenses. That war has come at a ruinous cost for all Americans, but particularly for communities of color. Not only has there been an enormous financial cost to the public, but there is little evidence to suggest that excessively punitive federal drug policies have improved public safety," he said.

"Retroactive application of the drug guidelines amendment is an important step toward addressing the unjust racial disparities produced through federal sentencing policies as well," Mauer added. "Because drug law enforcement has disproportionately affected African Americans and Latinos, reduced drug penalties will help to mitigate the effect of harsh sentencing policies on communities of color."

"It makes little sense, of course, to reform harsh sentencing laws proactively but not retroactively," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "But that's what politicians do when they're scared of allowing people out of prison early. The Sentencing Commission really had no choice but to rectify the moral absurdity of keeping people locked up based on sentences that are no longer the law. What they did today was right and just."

The Sentencing Project's Mauer told the Chronicle Tuesday he thought it unlikely that Congress would attempt to block the reform.

"I have not heard of any significant opposition that is developing," he said. "My guess is that since it was a unanimous recommendation from the commission and that this is an election year and members have that on their minds, I'm optimistic there won't be any serious threat of this not going through."

Still, prisoners, their friends, families, and supporters will be waiting for that November deadline for congressional action to pass before they exhale. But it does look as if the federal government has taken a rather significant step in reversing some of the worst excesses of the drug war.

Oregon Marijuana Legalization Initiative Qualifies for November Ballot

The New Approach Oregon marijuana legalization initiative has qualified for the November ballot, the secretary of state's office reported today.

It won't get a measure number until next month.

First word came in an email from New Approach Oregon's Anthony Johnson. When the Chronicle contacted Johnson to confirm the email, he said "I got the call from the secretary of state's office today."

The initiative had needed some 87,000 valid voter signatures to qualify; it handed in about 145,000 a couple of weeks ago.

That means Oregon will join Alaska in voting on marijuana legalization this year. The District of Columbia is also likely to join that list; the cultivation and possession legalization initiative there is awaiting certification after handing in more than twice the number of signatures required to make the ballot.

Colorado and Washington led the way in 2012. Now, at least two more states, and probably DC, have the chance to legalize it this year. And then comes 2016.

Eugene, OR
United States

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