Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Canada's Marc Emery is a Man on a Mission [FEATURE]

Canada's "Prince of Pot" Marc Emery has finally returned home after spending just over 4 ½ years in US federal prison for selling marijuana seeds over the Internet. From his base in Vancouver, BC, Emery parlayed his pot seed profits into a pro-marijuana legalization political juggernaut.

Marc and Jodie Emery (wikipedia.org)
Not only did the gregarious former libertarian bookseller relentlessly hassle Canadian and American drug warriors -- including the dour then-drug czar, John Walters -- he published Cannabis Culture magazine, created the BC Marijuana Party and helped turn parts of downtown Vancouver's Hasting Street into a Western Hemisphere Amsterdam, complete with a vaporizer lounge and several other cannabis-related enterprises.

Emery also put a bunch of his money -- several hundred thousand dollars -- into financing marijuana reform efforts on the US side of the border. It's hard to say what, exactly, got him in the sights of US law enforcement, but when he was arrested by Canadian police at the behest of US authorities, the DEA was quick to gloat that it had struck a blow against the forces of legalization.

The US eventually got its pound of flesh from Emery, forcing him into a plea bargain -- to protect his coworkers -- that saw him sentenced to five years in federal prison for his seed selling. Emery did his time, was released from prison earlier this summer, then sent to a private deportation detention facility in the US before going home to Canada less than two weeks ago.

But if US and Canadian authorities thought they had silenced one of the biggest thorns in their side, they should have known better. Nearly five years in prison hasn't exactly mellowed Emery; instead, he is more committed than ever to drug war justice, and he's raring to go.

The Chronicle spoke with him via phone at his home in Vancouver Monday. The topics ranged from prison life to marijuana legalization in the US to Canadian election politics and beyond.

"If you go to jail for the right reasons you can continue to be an inspiration," Emery said. "I got a lot of affirmation, thousands of letters, people helped to cover my bills, and that's a testament to my influence. My experience was very positive. I network well and try to live in the present moment, just dealing with what's going on."

Still, Emery needed about $180,000 to get through those 4 ½ years behind bars, including more than $18,000 in email costs -- it isn't cheap for federal prisoners to send emails -- but for Emery, keeping his voice heard in the outside world was a necessity. He reports having received between $70,000 and $80,000 in donations while in the slammer.

"That still left Jodie doing the near impossible," he said. She traveled from Canada to the southern US 81 times to visit her husband, visiting him on 164 days and spending a like amount of time in transit. If it weren't for Jodie Emery, prison would have been a much lonelier place, as it is for most inmates.

"In my prison, there were 1,700 prisoners, but on an average weekend, only 25 were getting a visit," Emery noted, adding that most inmates were either black or brown. "And other than Jodie, only seven people came to visit me."

While Emery waited in prison, the world continued to turn, and he has emerged into a different place. Now, two US states and Uruguay have legalized marijuana outright, and two more states and the District of Columbia are likely to do so this fall. For the Prince of Pot, it's all good.

"I like that Washington and Colorado went for two different models, although I think the Colorado model is better and has been more quickly executed," he said. "In both places, prices haven't really dropped, but they will once other states come on board. It has been really encouraging to see that people would travel to another state to buy it legally."

That's a good thing for the cannabis culture, he said.

"We are a proud culture. Legalization means a lot of things, and one of them is the end of stigmatization. We've been picked on and scapegoated as if we were taking part in some evil practice, but that is largely over in Denver," Emery argued. "They're integrating it into the mainstream economy; we're going to see a lot of interesting things."

Unsurprisingly, the small-L libertarian and marijuana seed entrepreneur is not overly concerned that legalization will lead to the commercialization or corporatization of the herb.

"We need big money in order to have an effective lobby," he said. "When there's something that tens of millions of Americans want, the money will come, and the money is welcome. It's going to put into new products, new technologies, and we have to welcome that. Capitalism is way to make things happen legally, and we need to get those people on board."

But Emery wants people to be able to grow their own, too.

"It's not legal unless we can grow it in our backyards or fields," he said, "and as long as we can grow it, it's basically legal."

The Hastings Street headquarters. (cannabisculture.com)
That's life in these United States, but Emery, of course, doesn't live in the United States -- in fact, he is now permanently barred from entering the country -- he lives in Canada, and things haven't gone nearly as swimmingly there when it comes to freeing the weed.

A decade ago, Canada was the hope of the global cannabis culture. It appeared poised to make the move toward legalization, but first the ruling Liberals were unwilling to even push through their decriminalization scheme, and then they were defeated by the Conservatives, who went in the other direction on marijuana policy, for instance, by adopting mandatory minimum sentences for growing more than small amounts of pot.

Stephen Harper's Conservatives remain in power today, and Emery has sworn political vengeance on them. He has also aligned himself with the Liberals, whose leader, Justin Trudeau, is now an advocate of legalization. That's in line with Canadian public opinion, which consistently shows strong support for marijuana law reform, including a poll this week that showed two-thirds support for reform, with 35% saying legalize it and 31% saying decriminalize it.

The Liberals are going to try to take back the federal government in elections in October 2015, and Emery is happy to help savage the Conservatives whether it makes Liberals squeamish or not. His return just two weeks ago has already ignited a firestorm of media coverage, with his pot politics naturally front and center.

"We've now hijacked the whole conversation about the election; we are dominating the conversation," he gloated. "It's the number one election topic and has been since the second I arrived back in the country. There have been more than 150 articles about me in the last two weeks. It's a big deal, and I'm delighted it's a big deal. I have critics using up column inches to say disparaging things about me, and that's great, too. There's a real dialog going on, and we have the opportunity to change the feelings of our opponents and get them to understand the benefits to their communities in legalizing marijuana."

But can the Liberals win? Yes, says Emery.

"Election day -- October 19, 2015 -- will be legalization day in Canada. If Trudeau becomes prime minister, there is no going back," he prophesied. "And I am confident the Liberals will win. Normally, the anti-Harper vote is divided among the Greens, the NDP, the Bloc Quebecois, and the Liberals, but this time, with Trudeau being so charismatic, I am urging everyone to just this once vote for the Liberals. And the feedback I am getting is that this is going to happen, a Liberal majority is going to happen, and you should be in on it."

When it comes to marijuana reform, in Emery's eyes, Canadian politicians should take a lesson from their counterparts south of the border.

"My opinion of Americans has only improved," he said. "You did a great job in Colorado and Washington, and even your legislators are underrated. At least one from every state has gone to Colorado to check it out. It's wonderful! Up here, if it weren't for Justin Trudeau, we wouldn't hear anything."

Well, and now, Marc Emery. Again.

Vancouver
Canada

Chronicle AM: Medical Marijuana and Opiate ODs, ME Welfare Drug Test Law, Colombia Drug Talks, More (8/26/14)

Medical marijuana may reduce opioid overdose death rates, International Overdose Awareness Day is coming, the drug war claims another victim, new studies from the NIJ, and more. Let's get to it:

Medical Marijuana

Medical Marijuana States Have Lower Opiate Overdose Rates, JAMA Study Finds. States with medical marijuana laws have significantly lower rates of opiate overdose deaths than states that don't, according to an article published Monday in the prestigious Journal of the American Medical Association. The article is Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010.

Illinois Seeks Nominees for Medical Marijuana Advisory Board. The state medical marijuana program is looking for health professionals and patients to serve on its advisory board, which will be appointed by the governor. For more information, visit the Illinois Medical Cannabis Pilot Program.

New Mexico Cannabis Medical Advisory Board Holds Public Hearing on Proposed New Rules. The state's cannabis program's Medical Advisory Board (MAB) held a public hearing yesterday on proposed rule changes to the program. The MAB is frustrated that the Department of Health did not formally consult with it before releasing proposed rule changes, which have garnered unhappy responses from patients and providers.

Harm Reduction

August 31 is International Overdose Awareness Day. In Los Angeles, members of A New PATH (Parents for Addiction Treatment and Healing) are hosting an event at the Santa Monica Pier and Palisades Park. Click on the title link for more details. For details on other Overdose Awareness Day events, visit International Overdose Awareness Day.

Drug Testing

Maine Welfare Drug Test Program Gets No Support at Public Hearing. Health and Human Services Commissioner Mary Mayhew told a public hearing on Gov. LePage's (R) welfare drug testing plan that it was a "common sense approach," but no one else seemed to agree. The ACLU of Maine and Maine Equal Justice Partners vehemently differed. The drug testing scheme, which had been okayed in 2011, but which LePage just rolled now as he faces reelection, would require people with past felony drug convictions to be tested before being approved. A written public comment period is open through Sept. 7, after which Attorney General Janet Mills, a Democrat, will need to sign off on whether the final rule complies with federal law and the intent of the original state-level legislation.

Drugs and Crime

National Institute of Justice Releases Reports on Crime and Drugs. The National Criminal Justice Reference Service at the National Institute of Justice has released five technical reports on drugs and crime. They are: How Much Crime Is Drug-Related? History, Limitations, and Potential Improvements of Estimation Methods, Reducing Drug Violence in Mexico: Options for Implementing Targeted Enforcement, Measuring the Costs of Crime, Drug Control and Reductions in Drug-Attributable Crime, and Managing Drug-Involved Offenders. Click on the title link for more details.

Law Enforcement

Puerto Rico Police Officer is Year's 30th Drug War Fatality. Puerto Rican police officer Geniel Amaro Fantauzzi died Monday after being taken off life support six days after he was shot and critically wounded during a drug raid at a residence. He was an agent of the Humaco Drug Division.

International

Colombia Drug Policy Talks Get Underway. The National Dialog for the Future of Drug Policy got underway last Friday in Bogota. The meeting with members of academia, political groups, and unions is the first of 10 national and regional forums organized by the ministries of Justice, Health and Social Welfare, and Public Affairs. In the first forum, a survey of 61 recognized drug experts was presented, with all 61 saying drug policy "must change" and 42 of them considering current policy "ineffective, costly, and repressive."

Puerto Rico Drug Agent Dies of Drug Raid Wounds

A Puerto Rico police officer shot during a drug investigation last week has died. Agent Geniel Amaro Fantauzzi becomes the 30th person to die in US domestic drug law enforcement operations so far this year.

According to El Nuevo Dia, Fantauzzi died Monday afternoon after being shot the previous Tuesday.

Fantauzzi, 35, a member of the Humaco Drug Division, was on a raid with four other agents at the April Gardens complex in Rio Piedra when he was hit by several bullets fired by one William Vazquez Tirado.

One other agent was wounded, but the wounds are not life-threatening.

It's not clear what happened to Vazquez Tirado.

Rio Piedras, PR
United States

Chronicle AM: Oregon Marijuana Legalization Endorsement, PA Mandatory Minimums, Heroin Maintenance, More (8/25/14)

The Oregonian says legalize it, so do Vermont GOP gubernatorial candidates, LEAP founder says legalize heroin, a Pennsylvania court throws out mandatory minimums, Vancouver's SALOME participants will get their heroin, and more. Let's get to it:

Diacetylmorphine (pharmaceutical heroin) will soon be on its way to Vancouver. (wikimedia.org)
Marijuana Policy

Oregon's Largest Newspaper Endorses Measure 91. In a Sunday editorial, the Oregonian has endorsed marijuana legalization in general and New Approach Oregon's initiative, Measure 91, in particular. Click on the title link to read the newspaper's reasoning.

Vermont GOP Governor Candidates Agree Marijuana Should Be Legal. In interviews with Vermont Public Radio, all three Republican gubernatorial candidates said they agreed that marijuana should be legalized. Steve Berry of Wolcott, Scott Milne of Pomfret and Emily Peyton of Putney are competing in tomorrow's primary. Peyton and Berry came out strongly for legalization, while Milne said he would sign a bill if it got to his desk. Milne is the leading contender.

Massachusetts Supreme Judicial Court Upholds Eviction of Public Housing Tenant for Marijuana Criminal Activity. With marijuana decriminalized in the state, can a public housing tenant still be evicted for possession of less than an ounce? That question remains undecided after the state's high court sidestepped it in Figgs v. Boston Housing Authority. A lower court had held that the tenant could not be evicted for simple possession, but the high court reversed, saying the facts in the case showed not just possession, but also that the tenant's roommate sold marijuana and possessed a weapon. Figgs is going to have to find a new place to live now.

Medical Marijuana

Arizona Advocates File Lawsuit over PTSD Treatment Restrictions. The Arizona Cannabis Nurses Association filed a lawsuit last Friday challenging limits imposed on patients with PTSD who seek to use medical marijuana. Health Director Will Humble has ruled that PTSD patients can only use medical marijuana if they are already getting some other form of treatment for PTSD. The lawsuit is in Maricopa County District Court.

Kansas Democratic Party Endorses Medical Marijuana. Kansas Democrats now formally support medical marijuana, they announced during their statewide Demofest convention Saturday night. "Kansas Democrats support the availability of marijuana for medical use and protection of patients from criminal arrest and prosecution." the plank says. The platform link wasn't working as of Tuesday night, but you can try it here.

Sentencing

Pennsylvania Superior Court Rules Mandatory Minimums Unconstitutional. In a decision last week, the court has thrown out the use of mandatory minimum sentences as violating the constitution. The ruling came in Pennsylvania v. Newman, where James Newman had received a mandatory minimum 5-year sentence for possession of drugs and a gun. Relying on a line of federal court decisions beginning with Apprendi v. New Jersey, the Superior Court held that, in sentences based on the elements of the crime, jurors -- not judges -- must find that those elements existed.

California Fair Sentencing Act Heads for Governor's Desk. After a final Senate concurrence vote last Thursday, the Fair Sentencing Act is now headed for the desk of Gov. Jerry Brown (D). The act, Senate Bill 1010, would eliminate the sentencing disparities between crack and powder cocaine offenses by reducing the penalty for crack offenses.

Heroin

Boston Globe Op-Ed Calls for End to Heroin Prohibition. A Sunday op-ed in the Globe published by former New Jersey narcotics officer and Law Enforcement Against Prohibition founder Jack Cole forthrightly calls for ending heroin prohibition. Police efforts to repress heroin "did more harm than good, and the harder my colleagues and I tried, the more damage we did," he writes. "As a police officer, I understand the instinct to mete out punishment, send a message, put somebody away for abusing drugs. Nonetheless, my experience has shown me that it is futile, counterproductive, and dangerous to try to arrest our way out of this very real problem." There's much more; click on the title link to read the whole thing.

International

Number of Disappeared in Mexico Keeps Rising. The number of people who have vanished since former President Felipe Calderon initiated his drug war in 2006 has increased to some 23,000, according to the Interior Ministry. More than 12,000 disappeared during the Calderon sexenio, and nearly 10,000 more have vanished during the first two years of the Enrique Pena Nieto presidency. Human rights groups say these official numbers are low.

Two-Thirds of Canadians Support Marijuana Law Reform. A new Forum Research poll finds that 66% of Canadians favor either legalizing and taxing marijuana or taking pot possession out of the criminal code (decriminalizing it). Some 35% said legalize it, while another 31% said decriminalize it. Only 16% said they were happy with the marijuana law status quo.

Canada's SALOME Study Will Get Prescription Heroin By Christmas. Vancouver heroin addicts participating in the Study to Assess Longer-term Opioid Medication Effectiveness (SALOME) will have legally prescribed heroin by Christmas, their attorney said last week. They won the right to use heroin as a maintenance drug after the BC Supreme Court in May granted them an injunction exempting them from a federal government ban on such uses. The pharmaceutical grade heroin is coming from a European manufacturer.

Australian National Council on Drugs Softens on Medical Marijuana. The Australian National Council on Drugs today released Medicinal Use of Cannabis: Background and Information Paper, which concedes that pharmaceutical marijuana products are effective for treating some forms of pain, reducing nausea, and helping people with wasting syndrome. The backgrounder comes as clamor grows, especially in Victoria, for legalizing medical marijuana.

(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.)

Did You Know D.A.R.E. Lacked Scientific Evaluation Until 2009?, from ProCon.org

Did you know the D.A.R.E. (Drug Abuse Resistance Education) program was excluded from the Dept. of Education's "National Registry of Evidence-based Programs and Practices" until 2009, because it didn't have a "scientifically tested," "evidence-based" curriculum? Read the details on dare.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.

Read last week's ProCon.org "Did You Know" Chronicle blurb 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.

Chronicle AM: AR Initiative Rejected, SWAT Lobby Gears Up, Israel Bans New Synthetics, More (8/22/14)

It's back to the drawing board for an Arkansas legalization initiative, we have a pair of Minnesota court cases, the Michael Brown killing starts bleeding into drug-policy related areas, Israel bans new synthetics, and more. Let's get to it:

history repeats itself (image is of and infamous 1914 NYT editorial)
Marijuana Policy

Arkansas Attorney General Rejects Wording for Legalization Initiative. Attorney General Dustin McDaniel has rejected the proposed wording for a prospective 2016 legalization initiative, the Cultivate Hemp and Regulate Marijuana Amendment. The name and ballot title are ambiguous and have "misleading tendencies," McDaniel wrote. Read the opinion here.

Fewer Than One in Five New Yorkers Oppose Marijuana Reform. According to a new Quinnipiac Poll, only 19% of New Yorkers oppose legalizing marijuana for personal or medical use, while 44% say it should be available for medical purposes and another 35% say it should be legal for personal use.

Asset Forfeiture

Minnesota Supreme Court Rules Evidence from Illegal Search Can't Be Used in Asset Forfeiture Proceedings. The state high court ruled Wednesday that evidence derived from a traffic stop that was determined to be unlawful cannot be used to seize someone's property. The court held that Fourth Amendment proscriptions against unlawful search and seizure apply to civil cases as well. The case is Daniel Garcia-Mendoza v. 2003 Chevy Tahoe.

Drug Testing

Minnesota Drug Testing Law's Worker Protections Don't Extend Outside State, Federal Court Rules. The state's Drug and Alcohol Testing in the Workplace ACT (DATWA) doesn't apply to state residents working or applying to work outside the state, a federal court has ruled. DATWA provides employees with the right to challenge positive drug test results and to try to seek treatment before being fired, but in Olson v. Push, Inc, the court ruled that those protections did not apply to drug tests taken for employment outside Minnesota.

Law Enforcement

SWAT Lobby Gears Up to Keep Access to Surplus Military Equipment. In the wake of unrest in Ferguson, Missouri, after the police killing of Michael Brown, the practice of equipping local law enforcement with surplus military equipment has come under significant criticism. Now the "SWAT lobby," in the form of the National Tactical Officers Association, is moving to ensure that access to military hardware remains unimpeded. It sent a mass email to all congressional offices lamenting the situation in Ferguson, but the bottom line was that police need that surplus military equipment.

Race

The Return of the Drug Crazed Negro. Reason magazine's Jacob Sullum has penned a piece noting the revival of a century-old racist trope -- that of the drug-crazed black man -- in the wake of the police shooting of 18-year-old black man Michael Brown in Ferguson, Missouri. Sullum notes that conservative commentators have been quick to speculate that he was hopped up on PCP or some other drug that made him crazy enough to attack a cop. Autopsy results say he had smoked marijuana.

International

Young Europeans Split on Marijuana Legalization. The European Union's polling arm Eurobarometer has found Europeans 15 to 24 divided on legalization. According to its poll of 13,000 respondents, 45% favored marijuana legalization, with 53% opposed. European youth was much more unified when it came to other drugs -- more than 90% said drugs like cocaine, ecstasy, and heroin should be illegal.

Israel Bans 10 New Synthetic Drugs. Health officials in Israel have banned 10 new synthetic drugs, or "kiosk drugs," as they are known there. They include synthetic cannabinoids, stimulants, and hallucinogens.

Chronicle AM: OR Dems Just Say Yes, DEA Tightens Screws on Vicodin, CT's First Dispensary Opens, Peru Coca Eradication, Venezuela Plane Shootdowns (8/21/14)

Oregon Dems just say yes, Connecticut's first dispensary opens, the DEA tightens the screws on Vicodin, guess who's more likely to get busted for pot in Ferguson, Missouri, and more. Let's get to it:

coca plants (unodc.org)
Marijuana Policy

Oregon Democratic Party Endorses Legalization Initiative. Oregon's Democratic Party has endorsed Measure 91, the New Approach Oregon marijuana legalization initiative. "A majority of Americans and large majority of Democrats now support state regulation of legal marijuana use," the party said. "Measure 91 is the right approach to legalization in Oregon, strictly regulating use while funding law enforcement and schools. Vote Yes on 91."

No Decriminalization Vote in Toledo in November. Even though Northwest Ohio NORML turned in sufficient signatures to qualify a decriminalization initiative for the local ballot earlier this month, voters will not have a chance to get their say in November because the city council failed to act by today. The council doesn't have another meeting set until last week. It's unclear if the initiative is now dead, or if it will go on the ballot at a later date.

Medical Marijuana

Connecticut Gets First Medical Marijuana Dispensary. The first dispensary in the state opened Wednesday night in South Windsor. Prime Wellness of Connecticut is the first of six dispensaries approved for licenses by the Department of Consumer Protection. The rest will be opening in coming weeks or months.

Prescription Opiates

DEA Tightens Rules on Popular Pain Relievers. It is about to get more difficult to obtain popular pain medications based on hydrocodone, including widely prescribed drugs such as Vicodin. The DEA announced today that it is moving hydrocodone combination drugs from Schedule III of the Controlled Substances Act (CSA) to Schedule II. Drugs containing only hydrocodone were already placed on Schedule II, but drug combinations containing hydrocodone plus other substances, such as aspirin or acetaminophen, have been Schedule III since the CSA was passed in 1970.The DEA will publish the final rule establishing the change in the Federal Register tomorrow. It will go into effect in 45 days.

Law Enforcement

Blacks in Ferguson, Missouri, More Than Three Times More Likely Than Whites to Be Arrested for Marijuana Possession. In its podcast this week, Missouri drug reform group Show-Me Cannabis points to the drug war connection in the tensions between police and residents in the predominantly black St. Louis suburb of Ferguson, plagued by more than 10 days of unrest since the killing of unarmed black teenager Michael Brown. Show-Me's John Payne points out that black residents of Ferguson are 3.25 times more likely to be arrested for marijuana possession than whites. Click on the title link to listen to the podcast.

International

West Africa Drugs Commission Head Says Region Must Step Up, Deal With Political Weakness. Former Nigerian President Olusegun Obasanjo, who also heads the West Africa Commission on Drugs, said countries in the region must confront their political and institutional weaknesses if they are to get a handle on the drug trade. "West Africa is no longer only a transit zone of drugs but an attractive destination where pushers take advantage of the weak political system to perpetuate their trade," he said during a meeting with Ghana's President John Mahama."We believe that we should confront openly the political and governance weaknesses which the traffickers exploit," Obasanjo said. "Drug barons can buy, they can do, and they can undo -- buy officials in the military, security and pervert justice." The commission has called on West Africa to decriminalize drug use and treat the issue as a public health problem.

Peru Aims to Eradicate 75,000 Acres of Coca Plants This Year. Peru's anti-drug agency, DEVIDA, says it has already eradicated 30,000 acres of coca plants this year and plans to eradicate another 45,000 acres by years' end. The eradication is being done manually and in tandem with $90 million crop substitution program. About 125,000 acres are under cultivation for coca. Peru is arguably the world's largest coca producer (vying with Colombia), and 90% of the crop is estimated to be destined for the illicit cocaine trade.

Venezuela Has Shot Down at Least Three Suspected Drug Planes in Last Year. At least three planes flying out of Mexico and suspected of carrying drugs have been shot down over Venezuela since last November. This Vice News report goes into detail on the search for one of the missing pilots.

DEA Tightens Rules on Popular Pain Relievers

It is about to get more difficult to obtain popular pain medications based on hydrocodone, including widely prescribed drugs such as Vicodin. The DEA announced today that it is moving hydrocodone combination drugs from Schedule III of the Controlled Substances Act (CSA) to Schedule II.

Drugs containing only hydrocodone were already placed on Schedule II, but drug combinations containing hydrocodone plus other substances, such as aspirin or acetaminophen, have been Schedule III since the CSA was passed in 1970.

The DEA will publish the final rule establishing the change in the Federal Register tomorrow. It will go into effect in 45 days.

This is the end result of a rescheduling request first submitted in 1999, and another indication of retreat from the looser prescribing of opiate pain medications that began about 15 years ago. It comes as prescription overdose deaths and rising levels of heroin addiction are sparking public and official concern.

"Almost seven million Americans abuse controlled-substance prescription medications, including opioid painkillers, resulting in more deaths from prescription drug overdoses than auto accidents," said DEA administrator Michele Leonhart. "Today's action recognizes that these products are some of the most addictive and potentially dangerous prescription medications available."

Moving these hydrocodone combination products to Schedule II will significantly tighten access to them. Patients will not be able to get refills on the same prescription, but will have to go back to the doctor's office to get another one. Doctors will no longer be able to call in prescriptions. And pharmacies will have to store the drugs in secured vaults.

"This is substantial," said Dr. Nathaniel Katz, assistant professor of anesthesia at Tufts University School of Medicine in Boston. "It's a sign of a shift toward more cautious opioid prescribing. This will be an inconvenience to some, but policy is a machete not a scalpel and you have to figure out where to use it. I think people will be more helped than harmed," he told the New York Times.

But Dr. John Mendelson, a professor of medicine at the University of California-San Francisco, and an addiction specialist, told the Times he thought the change would lead to an increase in prescriptions of other drugs such as oxycodone, and a rise in the use of heroin.

Other pain management experts have yet to offer opinions, but there is likely to be criticism that the move will create more obstacles for chronic pain sufferers, including those who have problems making it to the doctor's office for a visit to get a prescription written. As many as 100 million Americans suffer from chronic pain, according to a 2011 study from the Institute of Medicine.

Washington, DC
United States

Medical Marijuana Update

There will be no medical marijuana initiative in Oklahoma this year, Jeb Bush comes out against Florida's medical marijuana initiative, San Diego patients are trying a novel tack in their battle with the city, and more. Let's get to it:

California

Last Tuesday, Madera County supervisors adopted a revised cultivation ordinance that will dramatically increase fines for violating it. All grows must be in an enclosed 120-square foot building. The current fine is $250 for growing "outside" the ordinance; the revised ordinance increases the fine to $250 per plant.

Last Wednesday, eight San Diego patients filed a complaint against the city and the mayor charging that the city's harsh land use and other restrictions on dispensaries and collectives violates the Americans with Disabilities Act. The complaint charges the city with violating state law with its restrictions. The complaint seeks to suspend enforcement of the city's ordinance until it is resolved.

On Tuesday, California advocates raised the alarm on an amended medical marijuana bill. A bill intended to force law enforcement to return unlawfully seized medical marijuana has been amended in the Assembly Appropriations Committee to gut that language, and that has Americans for Safe Access raising the alarm. Senate Bill 1193 has been turned from a good bill into a bad one, the group says, and is asking sponsor Sen. Noreen Evans (D-Santa Rosa) to pull it. Click on the link to add your two cents.

Florida

Last Friday, Jeb Bush came out in opposition to the state's medical marijuana initiative. Former Republican state governor and potential 2016 presidential candidate Jeb Bush has come out against Amendment 2, the state's medical marijuana initiative. "Florida leaders and citizens have worked for years to make the Sunshine State a world-class location to start or run a business, a family-friendly destination for tourism and a desirable place to raise a family or retire," Bush said. "Allowing large-scale, marijuana operations to take root across Florida, under the guise of using it for medicinal purposes, runs counter to all of these efforts," he added. Bush appears to be out of step with Florida voters, who are supporting the measure in the 85-90% range, according to recent polls.

Hawaii

On Monday, advocates announced medical marijuana events this weekend. The Drug Policy Forum of Hawaii and the American Civil Liberties Union of Hawaii (cofounders of the Medical Cannabis Coalition of Hawaii) have announced three free public events on medical marijuana policy next weekend. "Policy Perspectives on Medical Marijuana" will take place in Oahu and Hilo, while a talk session will be held in Kona. Click on the link for more details.

Iowa

Last Thursday, the state announced public hearings about its new CBD cannabis oil law. Iowans who have something to say about the state's new law decriminalizing the possession of low-THC, high-CBD cannabis oil for epileptics will get a chance at a series of public hearings. They will be held in six cities: Council Bluffs, Davenport, Des Moines, Mason City, Ottumwa, and Sioux City. Click on the link for times and dates, as well information on submitting comment via email or snail mail.

Minnesota

On Tuesday, a Minnesota mom has been arrested for giving her son cannabis oil too soon. Although the state this year passed a law allowing for the use of some forms of medical marijuana, it doesn't go into effect until next July. That's too long to wait for Angela Brown, who traveled to Colorado to obtain cannabis oil for her 15-year-old son. Now she is facing two criminal misdemeanors, including child endangerment. The family says it is now considering moving to Colorado so the boy can get his medicine without his mom facing prosecution.

Oklahoma

Last Saturday, organizers conceded that their initiative signature-gathering campaign would fall short. There will be no medical marijuana initiative in the Sooner State this year. Saturday was the deadline for handing in signatures, and organizers concede they don't have enough valid signatures. They vow to be back at next year.

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

This Week's Corrupt Cops Stories

Florida deputies get suspended in an excessive force investigation, a Miami sergeant gets popped for perverted play with a teen boy, and a couple of jail guards get caught doing what they always get caught doing. Let's get to it:

In Ocala, Florida, five Marion County sheriff's deputies were suspended without pay Monday while authorities investigate whether they used excessive force while arresting a suspect in a drug raid. The sheriff's office said a videotape made during the raids showed officers using force "which appeared to be potentially excessive" in the arrest of Derrick Price. Price's booking photos show a large bruise under his left eye. The deputies were part of a SWAT team, the Unified Drug Enforcement Strike Team.

In Miami, a Miami-Dade police sergeant was arrested last Wednesday on charges he got a 15-year-old boy high on drugs and alcohol and then groped him and masturbated in front of him. Sgt. James Edwards III, a 27-year veteran of the force, allegedly gave the teen "honey whiskey," marijuana, and ecstasy and took an ecstasy tablet himself, then turned on a porn video and started groping the kid. Edwards has reportedly confessed. He is charged with lewd and lascivious behavior and exhibition.

In Greer, South Carolina, a Spartanburg County jail guard was arrested last Wednesday after he got caught selling drugs to an undercover officer. Robert Bolick is accused of peddling suboxone sublingual films and alpazolam. Bolick allegedly said he sold the drugs to earn money. He is charged with three counts of possession of a Schedule IV drug with intent to distribute.

In Tucker, Arkansas, a state prison guard was arrested Saturday for allegedly bringing drugs and contraband into the prison. Xzraier Clark got caught with rolling papers, marijuana, and assorted pills stuffed down his underwear while trying to clear security at the prison. It's not clear what the precise charges are.

Chronicle AM: Scary Alaska Marijuana Poll, Maryland SWAT Raids, West Africa Drug Meeting (8/20/14)

An unsettling poll in Alaska, Minnesota medical marijuana mom gets busted, there's money to be made in drug testing, Maryland SWAT teams have been busy, a West African meeting on drugs is underway, and more. Let's get to it:

Marijuana Policy

Alaska Legalization Initiative Trails in Poll. The people trying to legalize marijuana in Alaska are in for a tough battle, if the most recent Public Policy Polling survey is any indicator. That poll, taken at the end of July and the beginning of this month, has the marijuana legalization initiative trailing, 44% to 49%. That's a reversal from PPP's last poll on the topic in May, which had the initiative leading by a margin of 48% to 45%. Neither set of numbers is likely to lead to smiling faces at the Campaign to Regulate Marijuana Like Alcohol in Alaska, the group behind Measure 2.

Washington Attorney General Files Brief in I-502 Lawsuit. Attorney General Bob Ferguson has filed a brief in a lawsuit filed by would-be marijuana business operators seeking to overturn local bans on such businesses. The brief argues that nothing in the state's voter-approved marijuana legalization law overrides the authority of local governments to regulate businesses, including marijuana businesses. In other words, the attorney general is supporting the localities against the marijuana business people.

Stoner Arrested for Growing Pot. Sorry, we couldn't resist (and it's a slow news day). Charlottesville, Virginia, resident Paul Stoner has been arrested by the Blue Ridge Narcotics and Gang Task Force for allegedly growing $10,000 worth of marijuana. He is charged with manufacturing marijuana and possessing a handgun while in possession of more than a pound of pot.

Medical Marijuana

Minnesota Mom Busted for Giving Son Cannabis Oil Too Soon. Although the state this year passed a law allowing for the use of some forms of medical marijuana, it doesn't go into effect until next July. That's too long to wait for Angela Brown, who traveled to Colorado to obtain cannabis oil for her 15-year-old son. Now she is facing two criminal misdemeanors, including child endangerment. The family says it is now considering moving to Colorado so the boy can get his medicine without his mom facing prosecution.

Drug Testing

Big Bucks to Be Made in the Drug Testing Industry, Report Says. The drug testing industry racked up $2.8 billion in sales last year and is expected to continue to grow, according to a new report from industry watcher Kalorama Information. The report, Drugs of Abuse Testing Markets, says the market is expected to crack the $3 billion mark next year. "Continued demand for testing in the workplace in sports and in government and demand for fast reliable new tests and technologies will be the catalyst for sustained growth" said Bruce Carlson, publisher of Kalorama Information."New drugs are also a factor."

Law Enforcement

More Than 6,500 SWAT Raids in Maryland Since 2010. According to data from the Maryland Statistical Analysis Center, which is required to be reported under a state law passed in the wake of the infamous Prince Georges County SWAT raid that killed the dogs of Berwyn Heights Mayor Cheye Calvo, SWAT teams in the state have been deployed more than 6,500 times in the past four fiscal years. That's 4.5 SWAT raids per day. Prince Georges County (suburban DC) carried out by far the most raids, accounting for 31% of all state SWAT raids. About 90% of SWAT deployments were to execute search warrants, but less than half of those warrants were for violent crimes. The available data doesn't separate out drug offenses.

International

Kofi Annan, Olusegun Obasanjo Meet With Ghanaian President on Drug Policy. The chairman of the West African Commission on Drugs, Olusegun Obasanjo, and its most prominent member, former UN Secretary-General Kofi Annan, are meeting today with Ghanaian President John Mahama to discuss regional approaches to the illicit drug trade in the region. The commission earlier this summer called the drug trade a threat to West African institutions, public health, and development and urged regional governments to reform their drugs laws, including by decriminalizing drug possession.

Alaska Marijuana Initiative Trails in Poll

 

The people trying to legalize marijuana in Alaska are in for a tough battle, if the most recent Public Policy Polling survey is any indicator. That poll, taken at the end of July and the beginning of this month, has the marijuana legalization initiative trailing, 44% to 49%.

That's a reversal from PPP's last poll on the topic in May, which had the initiative leading by a margin of 48% to 45%.

Neither set of numbers is likely to lead to smiling faces at the Campaign to Regulate Marijuana Like Alcohol in Alaska, the group behind Measure 2. The conventional wisdom among initiative experts is that they should be polling 60% or better when the campaign begins.

Support for legalization is strong among very liberal (70%), liberal (67%), and moderate (54%) Alaskans. The problem is that Alaska is not a very liberal state. Only 24% of those polled described themselves as liberal or very liberal, while 43% described themselves as conservative or very conservative. Only a third (33%) of conservative voters support the initiative, and only a sixth (16%) of very conservative voters did so.

That sentiment appears to extend to a demographic that generally supports marijuana legalization: young people. While, nationally, around two-thirds of voters 18 to 29 support legalization, in the PPP Alaska poll that figure was only 48%.

But, as Firedog Lake's Jon Walker pointed out, Alaska is a relatively tough place to poll accurately because of its small population, economic diversity, and geographic size. Measure 2 supporters are going to have to hope that those difficulties mean that these poll results are an artifact, not an omen. But they will be doing more than hoping as the campaign heads for its final couple of months.

AK
United States

Chronicle AM: Oregon Initiative Buying Ads, South Portland Maine to Vote, Saudi Arabia Killing People (8/19/14)

Big money for TV ads in Oregon, another Maine city will vote on marijuana legalization, a good bill goes bad in California, and Saudi Arabia executes four hash smugglers. Let's get to it:

Marijuana Policy

South Portland, Maine, to Vote on Legalization Initiative in November. The city council Monday night approved putting on the November ballot an initiative that would legalize the possession of up to an ounce of marijuana. The move comes after advocates collected enough voter signatures to force the issue. Neighboring Portland, Maine's largest city, passed a similar initiative last year.

Oregon Legalization Initiative Will Buy $2.3 Million in TV Ads. New Approach Oregon, the group behind the state's marijuana legalization initiative, said Monday it will buy $2.3 million worth of TV ads. The first ad will feature Richard Harris, the former head of addictions and mental health for the state Health Authority, who says that marijuana is "a pretty benign drug" and that criminalizing it has been a policy failure.

Medical Marijuana

California Advocates Raise Alarm on Amended Medical Marijuana Bill. A bill intended to force law enforcement to return unlawfully seized medical marijuana has been amended in the Assembly Appropriations Committee to gut that language, and that has Americans for Safe Access raising the alarm. Senate Bill 1193 has been turned from a good bill into a bad one, the group says, and is asking sponsor Sen. Noreen Evans (D-Santa Rosa) to pull it. Click on the link to add your two cents.

International

Saudi Arabia Executes Four Hash Smugglers. Four members of the same family were executed by Saudi authorities Monday for attempting to smuggle "large quantities" of hashish into the kingdom. The executions came despite protests from family members that the men had been tortured into confessing during interrogations. The killings are part of a surge of executions in the kingdom lately, with 32 people executed this year and 17 in the past two weeks alone. Saudi Arabia applies the death penalty to a number of crimes, including drug trafficking and apostasy, as well as murder and rape.

Chronicle AM: SWAT Teams in the News, Santa Fe Decrim Init, Barcelona Cannabis Clubs (8/18/14)

SWAT teams are in the news, the RAVE Act gets critiqued as counterproductive, there will be no medical marijuana initiative in Oklahoma, but it looks like there will be a decriminalization initiative in Santa Fe, and more. Let's get to it:

Demonstration in support of Barcelona's cannabis clubs (fac.cc)
Marijuana Policy

Santa Fe, New Mexico, Decriminalization Initiative Qualifies for Ballot. The Santa Fe city clerk has determined that an initiative to decriminalize marijuana possession in the city has qualified for the November ballot. Now the city council must either vote to change the city ordinance or send the measure to the voters. This measure will eliminate jail time for the possession of less than 1 ounce of marijuana and possession of marijuana paraphernalia for personal use and will result in no more than a simple $25 fine, as well as make marijuana possession the lowest priority for the Santa Fe Police Department.

Medical Marijuana

Oklahoma Initiative Effort Will Fall Short, Organizers Concede. There will be no medical marijuana initiative in the Sooner State this year. Saturday was the deadline for handing in signatures, and organizers concede they don't have enough valid signatures. They vow to be back at next year.

Hawaii Medical Marijuana Events Slated. The Drug Policy Forum of Hawaii and the American Civil Liberties Union of Hawaii (cofounders of the Medical Cannabis Coalition of Hawaii) have announced three free public events on medical marijuana policy next weekend. "Policy Perspectives on Medical Marijuana" will take place in Oahu and Hilo, while a talk session will be held in Kona. Click on the link for more details.

Law Enforcement

Georgia County Won't Pay Medical Bills for Toddler Injured in SWAT Raid. Habersham County, Georgia, says it will not pay the hospital bills for Bounkham "Baby Boo Boo" Phonesavah, the 19-month-old toddler severely burned when a SWAT team executing a drug arrest warrant threw a flash-bang grenade into his home during a May drug raid. The person the police were looking for wasn't there. Look for a civil lawsuit.

Tampa Police Review Finds No Problem With SWAT Team Killing of Man in Minor Marijuana Raid. SWAT team members acted appropriately when they shot and killed 29-year-old Jason Westcott during a May drug raid, a Tampa Police internal review has found. Police entered the residence where Westcott and a roommate were sleeping, then encountered him with a handgun in the bathroom, where they shot and killed him. Police seized less than $2 worth of marijuana at the scene. There are problems with the investigation that led to the raid, too; click on the May drug raid link to read more.

New York Governor Candidate Randy Credico Arrested, Jailed for Making Video of Cops Arresting Black Man in Subway. Randy Credico, challenger to incumbent Gov. Andrew Cuomo in next month's Democratic primary, was arrested and jailed for videotaping undercover transit police aggressively arresting a black man Friday afternoon. He is charged with menacing a police officer, obstructing government administration and resisting arrest and disorderly conduct. Credico has been arrested more than 20 times, mostly for civil disobedience actions or videotaping police activities.

Justice Department Ups the Ante on FedEx with New Money Laundering Charges. Federal prosecutors in San Francisco unveiled a new indictment against FedEx last Thursday that adds money laundering to a list of charges alleging that the delivery company knowingly shipped illegal prescription drugs from two online pharmacies. The company was already facing 15 conspiracy and drug charges and is looking at a fine of up to $1.6 billion if found guilty. UPS paid the feds $40 million last year to settle similar charges.

RAVE Act Has Done More Harm Than Good, Study Finds. The 2003 RAVE Act (Reducing Americans' Vulnerability to Ecstasy Act) has not reduced the drug's popularity, but has instead endangered users by hampering efforts to protect them. The law held club owners and produces criminally responsible for drug use at their events, and that made them disinclined to provide harm reduction services -- providing free bottled water of allowing groups like DanceSafe to do informational flyering or drug testing -- because that could be used as signs they were aware of drug use. "There were a lot of groups like that, and there was a lot of educational information about drugs being made available," study author University of Delaware sociologist Tammy Anderson said. "Today, clubs and promoters are reluctant to take those precautions because it could be used as evidence against them. The RAVE Act is a relic of the War on Drugs," she said. "It never worked in the past, and it's not working now." Her research was presented Sunday at the American Sociological Association annual meeting in San Francisco.

International

Vietnam Sentences Six to Death for Heroin Trafficking. A court in northern Vietnam sentenced six people to death last Thursday for trafficking Laotian heroin destined for China. The six were convicted of trafficking 240 pounds of the drug. Under Vietnamese law, the death penalty can be imposed for offenses involving as little as 3.5 ounces of heroin.

Barcelona to Shut Down Dozens of Cannabis Clubs. The city of Barcelona moved quietly last week to shut down about a third of the city's 145 cannabis clubs, citing "deficiencies" in management at nearly 50 of them. Those "deficiencies" included the illegal sale of marijuana, trying to attract non-members to their premises, and creating problems for the neighborhoods where they operate. Under Spanish law, the clubs can operate as members-only establishments where participants share their collective crops. The Spanish Federation of Cannabis Associations has asked for better regulations to avoid illegal practices.

(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 -- August 15, 2014

The California legislature acts on harm reduction, but kills medical marijuana regulation, Jeb Bush takes a stand on medical marijuana, New Hampshire bans a kind of synthetic cannabinoid, and more. Let's get to it:

Jeb Bush comes out against Florida's medical marijuana initiative. (wikipedia/gage skidmore)
Medical Marijuana

California Medical Marijuana Statewide Regulation Bill Dies. A controversial bill that would have imposed statewide regulations on California's multi-billion dollar medical marijuana industry died yesterday in Sacramento. The bill, Senate Bill 1262, was blocked by the Assembly Appropriations Committee, and the effort to impose some order on the industry is now dead for another year. The bill sponsored by Sen. Lou Correa (D-Santa Ana) was supported by law enforcement and the state's municipalities, as well as by some elements of the state's medical marijuana community. But it was also strongly opposed by other elements of the medical marijuana and drug reform communities.

Jeb Bush Joins Opposition to Florida Medical Marijuana Initiative. Former Republican state governor and potential 2016 presidential candidate Jeb Bush has come out against Amendment 2, the state's medical marijuana initiative. "Florida leaders and citizens have worked for years to make the Sunshine State a world-class location to start or run a business, a family-friendly destination for tourism and a desirable place to raise a family or retire," Bush said. "Allowing large-scale, marijuana operations to take root across Florida, under the guise of using it for medicinal purposes, runs counter to all of these efforts," he added. Bush appears to be out of step with Florida voters, who are supporting the measure in the 85-90% range, according to recent polls.

Harm Reduction

Overdose Prevention, Syringe Access Bills Pass in California. Two harm reduction bills, one allowing pharmacists to dispense unlimited numbers of syringes without a prescription and the other allowing them to dispense the overdose drug naloxone, have passed the California legislature. The bills are Assembly Bill 1535 (syringes) and Assembly Bill 1743 (naloxone). They now go to the desk of Gov. Jerry Brown.

New Synthetic Drugs

New Hampshire Declares State of Emergency Over "Smacked" Synthetic Marijuana. Gov. Maggie Hassan (D) yesterday declared a state of emergency to quarantine a synthetic cannabinoid product marketed under the name "Smacked." Her action comes after 44 people reported overdosing on the stuff after smoking or ingesting it. No deaths have been reported. Officials have revoked the business licenses of three Manchester stores where the stuff has been found.

International

BC Court Rules Ban on Medical Marijuana Edibles Unconstitutional. The BC Court of Appeals ruled yesterday that it is unconstitutional to ban licensed medical marijuana users from possessing medical marijuana edibles or other products, such as creams or salves. The court ordered parliament to redraft the Controlled Drugs and Substances Act to allow for such uses of medical marijuana. The case is Regina v. Owen Smith.

Colombian President Endorses Medical Marijuana Bill. President Juan Manuel Santos said Thursday he was endorsing newly introduced legislation to allow for the medicinal use of marijuana. The bill was introduced last month by a member of the governing coalition.

WOLA Brief on Ecuador Drug Policy. The Washington Office on Latin America (WOLA) has released an issue brief, "Reforms and Contradictions in Ecuador's Drug Policy." The brief comes as a sweeping new penal code reflecting some drug reforms goes into effect and examines the complexities and contradictions of implementing the new law.

California Medical Marijuana Regulation Bill Dies

A controversial bill that would have imposed statewide regulations on California's multi-billion dollar medical marijuana industry died yesterday in Sacramento. The bill, Senate Bill 1262, was blocked by the Assembly Appropriations Committee, and the effort to impose some order on the industry is now dead for another year.

Steve DeAngelo at Oakland's Harborside dispensary. It and thousands more will remain unregulated at the state level. (leap.cc)
The bill sponsored by Sen. Lou Correa (D-Santa Ana) was supported by law enforcement and the state's municipalities, as well as by some elements of the state's medical marijuana community. But it was also strongly opposed by other elements of the medical marijuana and drug reform communities.

Under the status quo, access to medical marijuana is largely determined by geography. Conservative areas of the state have tended to impose not only bans on dispensaries, but also bans on cultivation, sometimes even for personal amounts. It was not clear that SB 1262 would ameliorate that situation.

The bill also ran into problems trying to determine what entity would govern medical marijuana in the state. A competing bill from Assemblymember Tom Ammiano (D-San Francisco) would have had the state Department of Alcohol Control regulate medical marijuana, but that bill was defeated earlier.

The Correa bill originally gave control to the Department of Public Health, but was then amended to give control to the Department of Consumer Affairs. But Consumer Affairs seemed distinctly uninterested in the task; its representatives didn't bother to show up for any stakeholder meetings.

The Assembly Appropriations Committee also balked at the cost of the bill, which was estimated at $20 million to start the program. That figure, which was just released Monday, came as a bucket of cold water on bill supporters.

Now, it's back to the drawing board.

Sacramento, CA
United States

Harm Reduction Measures Pass in California

With the Golden State's legislative clock ticking down toward session's end, two harm reduction measures have been approved this week. One would expand access to sterile syringes; the other would expand access to the overdose prevention drug naloxone.

Yesterday, the Assembly gave final approval to Assembly Bill 1743, sponsored by Assemblymember Phil Ting (D-San Francisco), which would allow pharmacies to sell an unlimited amount of syringes without a prescription. The bill has already passed the Senate and came back to the Assembly for a final concurrence vote.

"Syringes can be bought over the counter in nearly every state because the policy saves lives without taxpayer expense," said Ting. "Mountains of research and the medical community stand squarely behind this bill. We are not innovating, we are playing catch up. By signing the bill, the Governor can put California in step with the rest of the nation."

"This bill is an exciting breakthrough," said Laura Thomas, Deputy State Director for the Drug Policy Alliance. "Pharmacy syringe access is a proven and cost-effective way to save lives by reducing the spread of HIV and hepatitis. It has taken years of advocacy to receive such strong support for sterile syringe access inside the State Capitol."

Under a current law that expires at the end of this year, pharmacies can sell up to 30 syringes without a prescription. Without passage of a new syringe access law, only pharmacists in the 15 counties and 4 cities that have declared injection drug-related public health emergencies would be able to continue dispensing syringes without a prescription.

Also yesterday, the Assembly gave final approval to Assembly Bill 1535, sponsored by Assemblymember Richard Bloom (D-Los Angeles). The bill would allow pharmacists to provide naloxone without a prescription. The measure had already passed both houses and came back to the Assembly for a final concurrence vote.

"The bipartisan support of the legislature is gratifying and will directly help many California families," said Assemblymember Bloom (D-Santa Monica). "As the bill heads to the Governor's desk, I am committed to continuing our efforts to stop the epidemic of overdose deaths."

"This bill reaching the Governor is a triumph for all Californians who love someone at risk of an overdose," said Meghan Ralston, Harm Reduction Manager for bill cosponsor the Drug Policy Alliance. "California has thousands of pharmacies, and lives can be lost in the minutes waiting for a police officer or ambulance to arrive with naloxone to reverse an overdose. This would make it easier for caregivers and family members to keep naloxone on hand for use in those critical moments."

Both bills now go to the desk of Gov. Jerry Brown (D).

Sacramento, CA
United States

Did You Know Why Some Performance Enhancing Drugs Are Legal While Others Are Banned?, from ProCon.org

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Did you know why (supposedly) athletes are allowed to use some drugs but not others? Read the details on sportsanddrugs.procon.org, part of the ProCon.org family.

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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.

Chronicle AM -- August 14, 2014

A bill to end the crack/powder cocaine sentencing disparity is close to becoming law in California, the US Sentencing Commission still has work to do on mandatory minimums, the 50th anniversary of America's first pot protest will be commemorated this weekend, and more. Let's get to it:

There's action on sentencing on a couple of fronts today. (supremecourt.gov)
Marijuana Policy

50th Anniversary of First Pot Protest to Be Commemorated at Seattle Hempfest This Weekend. On August 16, 1964, a lone crusader named Lowell Eggemeier marched into the San Francisco Hall of Justice, fired up a joint, and puffed it in the presence of the police inspector. "I am starting a campaign to legalize marijuana smoking," he announced, "I wish to be arrested." He was promptly hauled off to jail for marijuana possession, at that time a felony. California NORML will lead a commemoration of Eggemeir's historic first step Saturday at the Hempfest in Seattle.

National Council of State Legislatures to Consider Marijuana Reform Resolution Next Week. The council's Law and Criminal Justice Committee will consider a resolution encouraging prohibiting the federal government from enforcing federal marijuana laws in states that have authorized either medical marijuana or adult marijuana sales and use. Click on the link to read the resolution.

Medical Marijuana

Public Hearings Set for Iowa's New CBD Cannabis Oil Law. Iowans who have something to say about the state's new law decriminalizing the possession of low-THC, high-CBD cannabis oil for epileptics will get a chance at a series of public hearings. They will be held in six cities: Council Bluffs, Davenport, Des Moines, Mason City, Ottumwa, and Sioux City. Click on the link for times and dates, as well information on submitting comment via email or snail mail.

Harm Reduction

Federal Overdose Prevention Act Text Now Available Online. Sen. Jack Reed (D-RI) filed the bill, Senate Bill 2755, on July 31, and the text is now available online. The bill would create a task force to come up with ways to reduce overdose deaths. Click on the link to read the bill.

Sentencing

US Sentencing Commission Includes More Work on Mandatory Minimums As Part of Next Year's Priorities. The Commission today approved its list of priorities for the coming year and includes "continued work on addressing concerns with mandatory minimum penalties." The Commission said it would "once again set as its top priority continuing to work with Congress to implement the recommendations in its 2011 report on federal mandatory minimum penalties, which included recommendations that Congress reduce the severity and scope of some mandatory minimum penalties and consider expanding the 'safety valve' statute which exempts certain low-level non-violent offenders from mandatory minimum penalties.

California Fair Sentencing Act Passes Assembly. The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law. The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D). The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.

International

British Drug Minister Calls for Legalizing Medical Marijuana. British Drug Minister Norman Baker is calling for new drug laws that allow the use of marijuana to treatment certain medical conditions in a letter he will send to Health Minister Jeremy Hunt. Baker is a Liberal Democrat, the junior partner in the Conservative-led government. Lib Dems have a significantly softer drug policy line than the Tories, as was evidenced yet again when the Tories immediately slapped down Baker's proposal.

California Fair Sentencing Act Passes Assembly

The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law.

California Fair Sentencing Act sponsor Sen. Holly Mitchell (senate.ca.gov)
The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D).

The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.

People of color account for over 98% of persons sent to California prisons for possession of crack cocaine for sale. From 2005 to 2010, blacks accounted for 77.4% of state prison commitments for crack possession for sale, Latinos accounted for 18.1%. Whites accounted for less than 2% of all those sent to California prisons in that five year period. Blacks make up 6.6% of the population in California; Latinos 38.2%, and whites 39.4%.

"Same crime, same punishment is a basic principle of law in our democratic society," said Senator Holly Mitchell (D-Los Angeles), chair of the Black Caucus and member of the Senate Public Safety Committee. "Yet more black and brown people serve longer sentences for trying to sell cocaine because the law unfairly punishes cheap drug traffic more severely than the white-collar version. Well, fair needs to be fair," she said as she introduced the bill in March.

"Whatever their intended goal, disparate sentencing guidelines for two forms of the same drug has resulted in a pattern of institutional racism, with longer prison sentences given to people of color who are more likely than whites to be arrested and incarcerated for cocaine base offenses compared to powder cocaine offenses, despite comparable rates of usage and sales across racial and ethnic groups," she added.

Legislative analysis suggests the bill could save the state roughly $11 million a year in lowered incarceration costs, which would be only slightly offset by increased probation costs and decreased asset forfeiture revenues.

"The current disparities in our drug laws amount to institutional racism," said Lynne Lyman of the Drug Policy Alliance. "The Fair Sentencing Act will take a brick out of the wall of the failed 1980's drug war era laws that have devastated communities of color, especially Black and Latino men. The time has long come."

The bill has broad support not only from civil rights, racial justice, and criminal justice reform organizations, but also the endorsement of the district attorneys of the counties of Los Angeles, San Francisco, Santa Barbara, and Santa Clara.

Sacramento, CA
United States

Medical Marijuana Update

California's controversial medical marijuana regulation bill is going down to the wire, Delaware will soon see its first dispensary, Guam will vote on a medical marijuana initiative in November, and more. Let's get to it:

Arizona

On Monday, Northern Arizona University rejected a medical marijuana research proposal from Dr. Sue Sisley. Dr. Sisley, who was fired by the University of Arizona over what she says is her support medical marijuana, has lost a bid to do her study at the University of Northern Arizona. She had received FDA approval and a $1 million grant from the Multidisciplinary Association for Psychedelic Studies to study its effects on PTSD in veterans, but that study is now in limbo until she finds a new home for it.

California

On Wednesday, the Assembly put off deliberating on the medical marijuana regulation bill until tomorrow. The bill, Senate Bill 1262, is supported by law enforcement and state municipalities, as well as by some member of the medical marijuana community, but not by others. This is the last chance to get a regulation bill through in Sacramento this year.

Delaware

On Wednesday, Delaware officials signed the contract for the First State's first dispensary. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.

Guam

Last Thursday, the Electoral Commission approved putting a medical marijuana initiative on the November ballot. The commission approved putting the Joaquin "KC" Concepcion II Compassionate Cannabis Use Act of 2013 on the ballot. The act would allow for the creation of medical marijuana dispensaries, with regulations and rules to be developed later by a government commission. The commission had balked at the move, but a Guam Supreme Court decision earlier last week said the legislature has the right to put measures before the voters. Under Guam law, the referendum must get more than 50% of the voters of all voters who vote in the general election, not just a simple majority.

Illinois

Last Friday, officials announced that medical marijuana licensing starts next month. Patients and caregivers wanting to enroll in the state's medical marijuana program can begin applying for licenses on September 2. Application materials are available at the web site for the Medical Cannabis Pilot Program.

Oklahoma

On Wednesday, Gov. Mary Fallin (R) said she supported limited access to CBD cannabis oil. She asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.

Oregon

On Monday, Oregon banned medical marijuana patients from being daycare providers. Oregon's Early Learning Council has passed a temporary rule barring child daycare owners and operators from holding medical marijuana cards. Owners and operators must now also report this information to the council. The rule doesn't apply to users of any other medicines.

Utah

As of Monday, the state had issued its first registration cards for high-CBD cannabis oil treatment. The Department of Health has issued registration cards to 11 patients for its new program allowing people with severe epilepsy to use high-CBD cannabis oil. People with the cards can legally possess high-CBD cannabis oil, but they will have to get it out of state. The main producer of the extract, next door in Colorado, has a lengthy waiting list.

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

This Week's Corrupt Cops Stories

More problems for the scandal-tainted dope squads in Detroit and Philadelphia, a new Jersey college cop admits to peddling pills, and a Texas parole officer gone bad goes to prison. Let's get to it:

In Detroit, six members of a Detroit Police narcotics unit were suspended last Thursday after a surveillance video showed them taking a box away from a medical marijuana dispensary they raided without ever turning it in to evidence. It is part of a large Internal Affairs probe of the now-disbanded Narcotics Section, which has been revamped after allegations of major problems in the unit. One sergeant and five officers have been suspended with pay while investigators try to figure out what was in the box.

In Philadelphia, a Philadelphia narcotics officer was taken off the streets last Friday after he admitted lying in open court and on a search warrant affidavit. Officer Christopher Hulmes is now under internal investigation over the admission that he lied in the case of a man he arrested in Kensington. Just two weeks ago, six other Philadelphia narcotics officers were indicted on federal corruption charges for a pattern of ripping off drug dealers.

In Camden, New Jersey, a former Richard Stockton College police officer pleaded guilty last Thursday to selling drugs to a DEA agent and an informant. Marcus Taylor, 41, admitted selling oxycodone tablets and copped to distribution and possession with intent to distribute oxycodone. He's looking at up to 20 years in federal prison.

In Houston, a former state parole officer was sentenced Tuesday to five years in federal prison for taking bribes from a suspected heroin dealer. Crystal Washington took bribes from one of her parolees over a three-year period and also warned him about a Houston police investigation. She was convicted of conspiracy to possess with intent to distribute heroin, plus conspiracy to commit extortion.

Chronicle AM -- August 13, 2014

A key California sentencing reform bill gets a final Assembly vote tomorrow, the Oregon legalization initiative gets some organized oppositions, Delaware gets a step closer to its first dispensary, Marc Emery gets to go home, and more.

Canadian "Prince of Pot" Marc Emery is reunited with wife Jodie after spending five years in US prison. (wikipedia.org)
Marijuana Policy

Oregon Legalization Initiative Gets Organized Opposition. The Oregon District Attorneys Association and the Oregon State Sheriff's Association are gearing up to do combat against Measure 91, the state legalization initiative. The two groups say they are deciding right now how much money to spend trying to defeat the initiative, which has already raised more than a million dollars.

Federal Judge Throws Out Case Challenging Washington's Authority to Tax Marijuana. US District Judge Marsha Pechman has dismissed the lawsuit, ruling that the federal courts lacked jurisdiction. Dispensary operator Martin Nickerson, who was being prosecuted on federal marijuana charges filed the suit, arguing that he couldn't pay the state tax without incriminating himself. His attorney, Douglas Hiatt, said he will refile the lawsuit in state court.

Wichita City Council Votes Against Putting Decriminalization on November Ballot, But Maybe in April. After a decriminalization initiative signature drive came up short, the city council declined last night to put the measure on the November ballot, but said it would work with organizers to put it on ballot next April.

Medical Marijuana

Delaware Officials Sign Contract for First Dispensary in the First State. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.

Oklahoma Governor Says She Supports Limited CBD Cannabis Oil Access. Gov. Mary Fallin (R) today asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.

Harm Reduction

With New Law in Effect, Minnesota Cops Start Carrying Overdose Reversal Drug. Sheriff's deputies in Hennepin County (Minneapolis) have become the first in the state to start carrying the overdose reversal drug naloxone after a new law went into effect August 1. The law also contains a 911 Good Samaritan provision providing limited immunity for people who seek medical assistance for those suffering drug overdoses. Last year, 56 people died of heroin overdoses in the county and another 29 died in the first six months of this year.

Sentencing

California Fair Sentencing Act Gets Assembly Floor Vote Tomorrow. The bill, Senate Bill 1010, would eliminate the sentencing disparity between crack and powder cocaine. It has already passed the state Senate. Click here to contact state legislators; click the title link for more bill information.

International

Marc Emery is Now Back Home in Canada. Canadian "Prince of Pot" Marc Emery is now back home in Canada after serving nearly five years in US federal prison for selling marijuana seeds. He landed in Windsor, Ontario, right around 4:20pm yesterday after leaving a private US deportation detention facility where he had been held after being released from US prison last month. He has vowed to wreak political vengeance on the Conservatives, who allowed him to be extradited to the US.

Algeria Has Seized More Than 95 Tons of Moroccan Hash so Far This Year. That's up over the same period last year by about 25 tons. Morocco is the world's largest hash producer, with most of its product headed for European markets.

Chronicle AM -- August 12, 2014

Everybody must be at the beach, because it's pretty quiet on the drug reform front. But Philly faces a class action lawsuit over asset forfeiture, the DEA gets caught wasting taxpayer money, and there's marijuana policy action down South America way. Let's get to it:

Tax dollars go up in smoke as DEA pays an Amtrak snitch nearly a million bucks for freely available passenger information.
Marijuana Policy

Saginaw, Michigan, City Council Approves Decriminalization Vote. The city council voted last night to approve placing a decriminalization initiative before the voters in November. The council is required by state law to place qualifying citizen initiatives on the ballot, but four of the nine council members still voted against. Saginaw is one of more than a dozen Michigan towns and cities where citizen decriminalization initiatives are aiming for the November ballot.

Medical Marijuana

Oregon Bans Medical Marijuana Patients From Being Daycare Providers. Oregon's Early Learning Council has passed a temporary rule barring child daycare owners and operators from holding medical marijuana cards. Owners and operators must now also report this information to the council. The rule doesn't apply to users of any other medicines.

Asset Forfeiture

Class Action Lawsuit Filed Against Philadelphia Forfeiture Practices. The Philadelphia District Attorney's Office is violating the constitution with its asset forfeiture practices, a class action lawsuit alleges. The city seizes an average of $5.8 million worth of assets a year, nearly four times the amount seized in Kings County (Brooklyn), New York, or Los Angeles County, both of which have larger populations. Lead plaintiff Christos Sourovelis sued after the city seized his home when his son was arrested for drug possession. His two co-complainants also allege their homes were seized although they committed no crimes.

Law Enforcement

DEA Paid an Amtrak Informant Nearly A Million Bucks for Freely Available Information. The DEA paid an Amtrak employee some $854,460 over two decades for providing passenger list information that the agency could have obtained for free, Amtrak reported Monday. The Amtrak inspector general says the DEA is already part of joint drug task force with Amtrak's police agency and could have obtained the information for no cost. Sen. Charles Grassley (R-IA), senior Republican on the Senate Judiciary Committee, sent a letter Monday to DEA head Michele Leonhart saying the incident "raises some serious questions about the DEA's practices and damages its credibility to cooperate with other law enforcement agencies."

International

Brazilian Senate Has Public Hearing on Marijuana Legalization. The Senate's Human Rights Commission debated marijuana legalization at a public hearing Monday. It is one of a series of public hearings about whether to introduce a legalization bill in the legislature.

Chilean Woman Becomes First Official Latin American Medical Marijuana Patient. The Chilean Institute for Public Health has approved the use of the marijuana extract tincture Sativex for a woman suffering from breast cancer and lupus. Cecilia Heyder is most likely the first officially approved medical marijuana patient in Latin America.

Costa Rica Lawmaker Files Medical Marijuana, Hemp Bill. Lawmaker Marvin Atencio of the Citizen Action Party held a press conference in San Jose Monday to announce that he had filed a bill to legalize medical marijuana in the Central American nation. The bill would create an institute within the Health Ministry to supervise it and would allow private concessions to grow marijuana -- for a hefty price tag. The bill would also legalize industrial hemp. Citizen Action controls the government, but does not have a majority, so the bill would require support from other parties to pass.

Comedian Randy Credico's Deadly Serious Quest to Run New York [FEATURE]

New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.

Credico campaign ad in The Nation magazine
But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.

"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.

Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.

Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.

Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.

But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:

  • legalize marijuana;
  • close Attica prison;
  • ban racial profiling and end stop and frisk;
  • end the Rockefeller drug laws; and
  • direct election of all criminal judges.

The Candidate (credico2014.com)
"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."

[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]

Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.

"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."

Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.

"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.

But Credico even argues that he should have the right to do blow, if that's what he wants to do.

"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.

At a forum at the New York Society for Ethical Culture (credico2014.com)
Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.

"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.

"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."

Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.

"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."

Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.

Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.

"I don't get no respect," he intoned. "I'm running against two people from the ruling class."

But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.

(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.)

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