Drug War Chronicle

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Marijuana Arrests Drop, But Still 1.5 Million Drug Arrests Last Year [FEATURE]

More than 1.5 million people were arrested for drug offenses in the US last year, and more than 693,000 of those for marijuana offenses. The figures come from the FBI's 2013 Uniform Crime Report, which was released today.

One drug arrest out of 1.5 million last year. (www.justice.gov)
That's about one pot bust and slightly more than one other drug arrest every minute, 365 days a year. The vast majority of them are for simple possession. Over 87% of all marijuana arrests and 82% of all drug arrests were for possession only.

Marijuana arrests have declined from peaks early in this century. In 2008, there were a record 872,000 marijuana arrests, so pot busts have declined by slightly more than 20% since then. But arrests for other drug offenses continue apace, actually increasingly slightly last year. Still, because of the decline in marijuana arrests, the overall number of drug arrests dropped by about 50,000.

In 2008, marijuana arrests accounted for a majority (52%) of all drug arrests. Now, it is down to 40.6%.

Some of the decline in marijuana arrests can be attributed to the passage of decriminalization and legalization laws, particularly in the West, where pot arrests accounted for only 18% of all drug arrests. California decriminalized pot possession in 2011, and Colorado and Washington legalized it in the 2012 elections.

The move to marijuana legalization is helping shrink pot bust numbers. (Sandra Yruel/drugpolicy.org)
In other parts of the country, marijuana arrests continued to roll along, even in the Northeast, where they accounted for 46% of all drug arrests. In the South, the figure was 49.8%, and in the Midwest, pot accounted for 51.7% of all drug arrests.

When it comes to race, blacks continue to be disproportionately represented among drug arrestees. African-Americans accounted for 30.7% of all drug arrests, but they only make up about 13% of the population. That means blacks are being arrested for drugs at 2 ½ times the rate their percentage of the population would predict.

Drug arrests were the single largest category of arrests made in the US and accounted for about 13% of all arrests. The 1.5 million drug arrests well exceeded second place larceny-theft (1.232 million) and third place driving under the influence (1.167 million). More than three times as many people were arrested for drug offenses than for all violent crimes combined (480,000).

The continued law enforcement emphasis on drug enforcement drew criticism from Law Enforcement Against Prohibition (LEAP).

But this attitude still persists among law enforcement. (bartoncounty.org)
"Police made more drug arrests than for any other single category of crime. Meanwhile, only 64% of murders and 48% of violent crimes generally are being solved," said LEAP executive director Major Neill Franklin (Ret.), citing the FBI statistics. "We clearly have our priorities in the wrong place."

The Marijuana Policy Project (MPP), fresh from last week's successful "marijuana midterms," pronounced itself pleased with the decline in pot busts, but called for them to end, not just diminish.

"We're pleased to see the drop, but arresting even one adult for using a substance that is objectively less harmful than alcohol is inexcusable," said MPP communications director Mason Tvert. "Every year we see millions of violent crimes attributed to alcohol, and the evidence is clear that marijuana is not a significant contributing factor in such incidents. Yet our laws continue to steer adults toward drinking by threatening to punish them if they make the safer choice. These arrest numbers demonstrate that the threat is very real," he noted.

Tvert also echoed LEAP in criticizing law enforcement priorities.

"Law enforcement officials should be spending their time and resources addressing serious crimes, not arresting and prosecuting adults for using marijuana," he said. "Every year, these statistics show hundreds of thousands of marijuana-related arrests are taking place and countless violent crimes are going unsolved. We have to wonder how many of those crimes could be solved -- or prevented -- if police weren't wasting their time enforcing failed marijuana prohibition laws."

The laws must change, he said.

"A majority of Americans think marijuana should be legal for adults and treated similarly to alcohol. Voters in four states and the District of Columbia have now passed laws that reflect that, and we expect several more will do over the next few years. It's time for our laws to catch up with public opinion."

Chronicle AM: 2016 Plans, Silk Road 2.0 Busted, Canada & Jamaica React to Marijuana Votes, More (11/6/14)

Marijuana reform activists are already eyeing 2016, and so is former New Mexico Gov. Gary Johnson, the FBI busts the latest incarnation of Silk Road, Tuesday's vote brings some joy in Canada and Jamaica, and more. Let's get to it:

Gary Johnson eyes a 2016 presidential bid (ouramericainitiative.com)
Marijuana Policy

Only 733 Days Until California Legalizes Marijuana. That's the message from the California Coalition for Cannabis Policy Reform, which is already laying the groundwork for a successful statewide marijuana legalization in 2016. Check it out.

Missouri Group Files Petition to Legalize Marijuana in 2016. The activist group Show-Me Cannabis filed a petition Wednesday for a constitutional amendment initiative to legalize marijuana in 2016. It must now undergo a review and public comment process. Once approved, supporters will have to gather 165,000 valid voter signatures to qualify for the ballot.

Drug Policy

Drug Legalizer Gary Johnson Will Run for President (Again) in 2016. Former Republican New Mexico governor, 2012 Republican presidential nomination seeker, and 2012 Libertarian Party presidential candidate Gary Johnson has announced he will run for president again in 2016. He picked up 1.3 million votes as the Libertarian candidate last time. He said he was running as a counter to Sen. Rand Paul (R-KY), who he said was only half-right on the issues.

Law Enforcement

FBI Busts Silk Road 2.0. The FBI has arrested a 26-year-old man for allegedly running the resurrected dark web online drug sales web site Silk Road 2.0. Blake Benthall was arrested in San Francisco Thursday. The original Silk Road allegedly generated over a billion dollars in sales before it was busted and its original operator, Ross Ulbricht, was arrested. Silk Road 2.0 was launched a year ago and allegedly was doing $8 million a month in sales, with over 13,000 different listings for controlled substances. Don't be surprised when Silk Road 3.0 pops up.

International

Canada Activists, Liberals Celebrate US Marijuana Legalization Votes. "I'm very happy today," said Vancouver activist Dana Larsen, who led the not yet successful drive for pot decriminalization in British Columbia last year. "It's pouring rain outside, but that's okay, it's sunshining in our hearts. The final argument from prohibitionists in Canada has always been, 'If you legalize it, America will punish us… they'll shut down our border.' That's always been the last refuge of the prohibitionists. [President] Obama is not even punishing his own states for legalizing it. It will definitely make it much easier [for a future Canadian government to legalize it.]" The Liberal Party was also pleased. "Last night, voters in Oregon, Alaska, and Washington, DC expressed their democratic will and supported the legalization of marijuana," a party spokesperson said. "A well-regulated, legal system for marijuana access promotes public safety, keeps profits out of the hands of gangs, and helps keep drugs out of the hand of children -- exactly what Liberals have been saying all along."

Jamaica Ganja Task Force Hails US Marijuana Legalization Votes. Canadians weren't the only ones smiling. Jamaica's Cannabis Commercial and Medicinal Research Task Force called the legalization votes in Alaska, Colorado, and Washington, DC, "positive developments" and urged the Jamaican government to get moving. "The CCMRT, while acknowledging the Jamaican government's positive positioning on ganja law reform, urge them to move more decisively at fundamental reform so as to ensure that Jamaica is not left behind," the group said.

Mexican Mayor and Wife Arrested in Case of Missing Student Teachers. Mexican authorities announced Tuesday that they had arrested fugitive former Iguala mayor Jose Luiz Abarca and his wife, Maria de los Angeles Pineda, in a pre-dawn raid in a Mexico City working class suburb. They fled after 43 radical student teachers went missing more than a month ago in the midst of anti-government demonstrations. Pineda is a accused of being the chief operative of the Guerreros Unidos drug gang, to whom the students were handed after being detained by Iguala police. The case is causing huge tremors in a country sick to death of official corruption and impunity.

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.)

Medical Marijuana Update

A medical marijuana initiative won in Guam, but the one in Florida lost despite winning a majority of the votes. There's other news, too. Let's get to it:

California

Last Friday,nine Lake County patients filed a $600,000 claim for damages for warrantless raids on their gardens. The move comes two weeks after a federal judge granted a preliminary injunction barring such warrantless raids. The patients claim Lake County law enforcement entered their properties and seized their goods without their consent or a search warrant. They seek recompense for their stolen goods, as well as punitive damages.

On Tuesday, Election Day was a mixed bag for local medical marijuana initiatives. Local measures to tax marijuana businesses passed in two Riverside County towns, Cathedral City and Desert Hot Springs, as well as in Santa Cruz city and county and Shasta Lake City. But measures to loosen restrictions on cultivation failed in Butte, Lake, Nevada, and Shasta Counties, and measures to allow dispensaries were rejected in Blythe, La Mesa, and Encinitas. The town of Weed approved dispensaries, but also approved an outdoor cultivation ban.

Florida

On Tuesday, the Amendment 2 initiative won a solid majority, but fell short of victory. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved. According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

Guam

On Tuesday, Guam voted approved medical marijuana. With all precincts counted, the Joaquin Conception II Compassionate Use Act of 2013 passed with 56% of the vote. The legislatively-sponsored referendum overcame both political inertia and legal challenges to make it to the ballot this year. Guam now becomes the first US territory to approve medical marijuana.

Illinois

Last Saturday, the state began a second round of patient registrations. The Illinois Department of Public Health has begun a second round of patient registrations for the state's medical marijuana program. As of last Saturday, people whose last names begin with M through Z can apply for a patient card. Patients whose last names begin with the letters A through L have been able to registers for several weeks already.

Iowa

On Tuesday, the Board of Pharmacy announced it would hold a hearing on medical marijuana. The board, which has already said the state should be moving toward allowing medical marijuana, is considering whether to make new recommendations to legislators. A board committee will meet November 17 to hear testimony. Among those addressing the committee will be long-time Iowa medical marijuana activist Carl Olsen, whose petition to the board started the ball rolling. Click on the link for meeting details.

New York

Last Thursday, New York US Representatives asked the Justice Department to let the state import high-CBD medical marijuana for sick kids. In a letter to Attorney General Eric Holder Thursday, they called on the Justice Department to find a way to let the state import medical marijuana to be used by severely ill children. The governor this year moved to allow some access to medical marijuana, but the state program will not be in full effect for more than a year. That's too long to wait, the lawmakers said. "Every day makes a difference for children with these severe disorders. Given this urgent public health need, we urge you to allow New York the ability to import finite and strictly controlled amounts of cannabidiol,"they wrote.

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

This Week's Corrupt Cops Stories

Trouble is brewing in Detroit and DC, a Texas narc gets in trouble, so does a Miami cop, so does a 
Camden cop and a suburban St. Louis one. Let's get to it:

In Washington, DC, a probe into a possibly crooked FBI agent led to at least a dozen convicts being released from prison by last Friday. The as yet unnamed agent was assigned to a DC police task force, and officials said that more cases, including one with 21 defendants, could be in jeopardy. Those freed so far have not yet had their convictions dropped; that awaits the outcome of the investigation.

In Detroit, four dope squad officers were suspended last Friday amidst an ongoing investigation into the now disbanded unit. Both the FBI and Detroit Police Internal Affairs Investigation are looking into the matter, and criminal charges could be coming. Among other things, the officers are accused of stealing big-screen TVs and video game consoles from drug dealers they raided.

In Grapevine, Texas, a Grapevine K-9 officer was on administrative leave Tuesday after being accused of stealing a case of training drugs and doing some of them. Senior Officer Danny Machio reported on October 7 that someone had broken into his patrol/K-9 vehicle and stolen the drugs, which included heroin, cocaine, and meth. An internal investigation ensued, and Macchio went missing the day he was supposed to take a drug test. He was found in the Panhandle and returned to the Dallas metro area. He now faces possible criminal drug possession and other charges.

In Miami, a Miami police officer was arrested Wednesday on charges he took money to protect drug dealers. Officer Jose Maldonaldo-Dick went down in a sting in which he oversaw drug deals involving half-pounds of cocaine and offered protection to a man he thought was a drug dealer. He got paid $1,900 for his efforts. He is now charged with two counts of cocaine trafficking and two counts of being unlawfully rewarded while working as a police officer. He's looking at to life in prison.

In Camden, New Jersey, a Camden County police officer was arrested last Wednesday in the roundup of more than 40 people allegedly involved in a drug trafficking network. Officer Ashley Bailey, whose husband was part of the network, is accused of accessing confidential law enforcement information and alerting targets of the investigation. She is charged with official misconduct, possession of a weapon for unlawful purposes, and making unlawful threats.

In St. Louis, a former suburban Hillsdale police officer was sentenced last Thursday to nearly four years in prison for helping a drug dealer rob a rival drug courier. Parrish Swanson pleaded guilty to one count of felony conspiracy to distribute heroin and attempt to distribute heroin. 

Chronicle AM: Pot Legalization Trifecta, CA Sentencing Reform Passes, FL MedMJ Fails, More (11/5/14)

Marijuana wins in Alaska, DC, and Oregon; medical marijuana barely loses in Florida, California defelonizes drug possession offenses, New Jersey reforms the bail system, and more. Let's get to it:

Marijuana Policy        

Alaska Legalizes Marijuana. In a trifecta for marijuana legalization initiatives Tuesday, Alaska has joined Oregon and Washington, DC, in voting to free the weed. That makes it the fourth state to do so. It won with 52% of the vote. Measure 2 allows adults to possess up to an ounce of marijuana and grow up to six plants (three mature). It also allows individual growers to possess the fruits of their harvest. It will set up a complete system of commercial marijuana cultivation, processing, and distribution under the purview of the Alcohol Control Board -- or, if the legislature chooses to create it, a Marijuana Control Board.

Oregon Legalizes Marijuana. Oregon has become the third state to legalize marijuana. Voters Tuesday approved Measure 91, which will legalize personal marijuana possession and cultivation and set up a system of taxed and regulated marijuana commerce. According to election results compiled by The Oregonian, with two-thirds of the votes counted, the initiative was winning with 53.7% of the vote. [Update: Measure 91 finished up with an even more impressive 55.9%.] Under Measure 91, adults 21 and over will be able to possess a half-pound of pot and grow up to four plants. The Oregon Liquor Control Commission will be charged with drafting regulations and overseeing implementation of the will of the voters. It will act in consultation with the state Department of Agriculture and the Oregon Health Authority.

Washington, DC, Legalizes Marijuana. Voters in Washington, DC, today overwhelmingly approved Initiative 71, which will make it legal for adults to possess and cultivate small amounts of marijuana in our nation’s capital. Partial election results from the DC Board of Elections Tuesday night had the initiative winning handily with around two-thirds of the vote. It was at 64.5% with 11% of precincts reporting at 10pm, the lowest figure of the day. [Update: Initiative 71 finished up with 64.7%.] That was enough for supporters to call the election. Because of District law, the initiative could address legal marijuana commerce. That is the purview of the DC city council, which has already demonstrated its friendliness to marijuana law reform by passing decriminalization earlier this year. The council is already considering a bill to legalize, tax, and regulate marijuana commerce.

GOP Congressmen Threatens to Try to Block DC Legalization. Rep. Andy Harris (R-MD) is saying he will try to block the legalization initiative just passed by DC voters. "Actions by those in DC will result in higher drug use among teens," Harris told The Washington Post. "I will consider using all resources available to a member of Congress to stop this action, so that drug use among teens does not increase." Earlier this year, Harris got the House Appropriations Committee to back a rider that would have blocked the DC city council's decision to decriminalize marijuana, but that rider didn't make it into the final DC appropriations bill.

South Portland, Maine, Votes to Legalize; Lewiston Does Not. Voters in South Portland voted 52% to 48% to approve a local legalization initiative, but voters in Lewiston did not. The measure there got only 45% of the vote. Portland, the state's largest city, passed a similar measure last year.

Massachusetts PPQs on Marijuana Legalization Pass. Non-binding public policy questions asking voters whether they approved telling their elected representatives they wanted to legalize marijuana passed in all 14 districts where they were on the ballot. Activists have been placing marijuana reform PPQs on the ballot each election since 2000, and they've never lost one. This year, most passed with more than 70% approval; the lowest passed with 54%.

Michigan Towns Split on Marijuana Initiatives. Marijuana legalization, decriminalization, or lowest law enforcement priority measures were on the ballot in 11 towns. They won in Saginaw, Berkeley, Huntington Woods, Pleasant Ridge, Port Huron, and Mt. Pleasant. They lost in Lapeer, Harrison, Onaway, Frankfort, and Clare. The state's largest cities have already approved similar measures.

New Mexico Non-Binding Decriminalization Initiatives Pass Big in Bernalillo, Santa Fe Counties. Non-binding, county level decriminalization initiatives won big in the state's largest and third-largest counties. Bernalillo County (Albuquerque) voted 59% in favor, while Santa Fe County (Santa Fe) produced an impressive 73% in favor.

Medical Marijuana

Florida Initiative Wins Majority, But Not Enough to Pass. Florida's Amendment 2 medical marijuana initiative was defeated in today's election, even though it won a majority of votes. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved. According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

Mixed Bag for California Local Initiatives. Local measures to tax marijuana businesses passed in two Riverside County towns, Cathedral City and Desert Hot Springs, as well as in Santa Cruz city and county and Shasta Lake City. But measures to loosen restrictions on cultivation failed in Butte, Lake, Nevada, and Shasta Counties, and measures to allow dispensaries were rejected in Blythe, La Mesa, and Encinitas. The town of Weed approved dispensaries, but also approved an outdoor cultivation ban.

Drug Testing

California Initiative to Drug Test Doctors Fails. Proposition 46, was drafted and backed by trial lawyers and was actually primarily about increasing the caps on medical malpractice liability payments. Drug testing doctors was added on after it proved popular in focus groups. Not surprisingly, Prop 46 was opposed by a powerful and deep-pocketed set of medical interests in what was one of the most expensive initiative campaigns in state history. It ended up with only 32% of the vote. [Update: With the rest of the votes counted, Prop 47 won with 58.7%, and Prop 46 lost with 32.8%.]

Sentencing Policy

California Initiative to Turn Drug Possession Felonies Into Misdemeanors Passes. Proposition 47, will change drug possession (and some other low-level non-violent offenses) from felonies to misdemeanors. It is viewed as a significant step in reducing mass incarceration and a retreat from the war on drugs. The popular vote in favor of Prop 47 comes just two years after voters approved another sentencing reform initiative, that one reforming the state's notorious "three strikes" law. Prop 47 got 57% of the vote.

New Jersey Bail Reform Initiative Passes. New Jersey voters have approved Public Question No. 1 to reform New Jersey’s bail system.  The narrowly-worded question allows judges to deny bail to dangerous individuals, but it ushers in broader bail reform because it is linked to comprehensive legislation, already signed by the governor, that overhauls the state’s broken bail system. The legislation implements wide-ranging reforms including non-monetary release options for low-risk individuals; a system under which pretrial release decisions are based on risk rather than resources; the use of risk assessments for suspects enabling courts to make individualized determinations of what conditions of release are appropriate; establishment of a pretrial services unit within the court system that will provide appropriate levels of monitoring and counseling for those awaiting trial.

Law Enforcement

NYPD Ordered to Quit Doing Marijuana "Buy Busts." The NYPD has been ordered by the office of Mayor Bill de Blasio (D) to quit doing penny ante pot "buy and bust" operations. The head of each borough's dope squad was summoned to NYPD headquarters last week and told to knock it off.  Police were told to focus on more dangerous drugs. The New York Post published the story, replete with unnamed law enforcement sources complaining about the move. 

Alaska Legalizes Marijuana!

In a trifecta for marijuana legalization initiatives Tuesday, Alaska has joined Oregon and Washington, DC, in voting to free the weed. That makes it the fourth state to do so.

Measure 2 allows adults to possess up to an ounce of marijuana and grow up to six plants (three mature). It also allows individual growers to possess the fruits of their harvest. It will set up a complete system of commercial marijuana cultivation, processing, and distribution under the purview of the Alcohol Control Board -- or, if the legislature chooses to create it, a Marijuana Control Board.

Despite uncertainty generated by inconsistent and conflicting poll results, Measure 2 led throughout the night as the ballots came in. According to the state Division of Election's unofficial results, just before midnight Alaska time, with 42% of the votes counted, Measure 2 was winning with 52.21% of the vote. [Update: Measure 2 finished up with 51.15%.]

But shortly after that, supporters were ready to call the election.

"The results are in, and marijuana prohibition is on its way out," said Rob Kampia, executive director of the Marijuana Policy Project. "Americans are fed up with wasteful and ineffective laws that punish adults for using a less harmful substance than alcohol. The folks trying to keep marijuana illegal are relying on the same scare tactics today that they have relied on for decades, but voters just aren't falling for it anymore. The results are particularly encouraging since voter turnout during a midterm election is typically smaller, older, and more conservative. Clearly, support for ending marijuana prohibition spans the political and ideological spectrums.

Look out for 2016, Kampia said. "Proposals to regulate marijuana like alcohol are headed for the ballots in at least five states in 2016, and they're being considered in legislatures around the country," he revealed. "This year's election was a large step forward, but the 2016 election will be a huge leap toward ending marijuana prohibition in this country once and for all."

AK
United States

California Voters OK Drug Defelonization, Reject Doctor Drug Testing

Voters in California enthusiastically approved an important sentencing reform initiative Tuesday, but overwhelmingly rejected an initiative that would have imposed drug testing on doctors in the state.

The sentencing initiative, Proposition 47, will change drug possession (and some other low-level non-violent offenses) from felonies to misdemeanors. It is viewed as a significant step in reducing mass incarceration and a retreat from the war on drugs. The popular vote in favor of Prop 47 comes just two years after voters approved another sentencing reform initiative, that one reforming the state's notorious "three strikes" law.

The failed initiative that would have imposed drug testing on doctors, Proposition 46, was drafted and backed by trial lawyers and was actually primarily about increasing the caps on medical malpractice liability payments. Drug testing doctors was added on after it proved popular in focus groups. Not surprisingly, Prop 46 was opposed by a powerful and deep-pocketed set of medical interests in what was one of the most expensive initiative campaigns in state history.

According to election figures from the California Secretary of State, with 45% of the vote counted just before midnight Tuesday, Prop 47 was winning with 56.6% of the vote, while Prop 46 was getting trounced with only 32.3%. [Update: With the rest of the votes counted, Prop 47 won with 58.7%, and Prop 46 lost with 32.8%.]

The Drug Policy Alliance, whose lobbying arm, Drug Policy Action, contributed to the smartly named Californians for Safe Neighborhoods and Schools "yes on Prop 47" campaign, pronounced itself pleased with the results.

"The overwhelming support for this reform sends a powerful message nationally, demonstrating that voters are not just ready but eager to reduce prison populations in ways that can enhance public safety," said DPA executive director Ethan Nadelmann.

Under Prop 47, up to 20,000 people doing state prison time for simple drug possession will be eligible to seek sentence cuts, and new prison admissions should drop by between 40,000 and 60,000 a year. And hundreds of thousands of Californians with drug possession felony records will be eligible to have those records automatically expunged, removing barriers to employment, housing, public benefits, and educational opportunities.

The state's county jails, which are chafing under the state's corrections "realignment," will also see reductions in prisoners, with somewhere between 10,000 and 30,000 jail beds freed up by Prop 47. Counties look to save somewhere around half a billion dollars a year, according to a brief by the Center on Juvenile and Criminal Justice.

"We’ve been trying to get simple drug possession reclassified as a misdemeanor through Sacramento for years, facing first an unwillingness from the legislature and then last year’s veto by Governor Brown," said DPA state director Lynne Lyman. "With Prop 47, California voters took the issue of smart justice into their own hands. If the people lead, the leaders will follow."

CA
United States

Oregon Legalizes Marijuana!

Oregon has become the third state to legalize marijuana. Voters Tuesday approved Measure 91, which will legalize personal marijuana possession and cultivation and set up a system of taxed and regulated marijuana commerce.

The District of Columbia earlier today approved an initiative to legalize marijuana possession and cultivation, but that initiative does not allow for taxed and regulated sales. Colorado and Washington legalized marijuana in 2012. Alaska is voting on a marijuana legalization initiative today, but results have not come in there yet.

According to election results compiled by The Oregonian, with two-thirds of the votes counted, the initiative was winning with 53.7% of the vote. That was good enough for the state's largest newspaper to call the election. [Update: Measure 91 finished up with an even more impressive 55.9%.]

Under Measure 91, adults 21 and over will be able to possess a half-pound of pot and grow up to four plants. The Oregon Liquor Control Commission will be charged with drafting regulations and overseeing implementation of the will of the voters. It will act in consultation with the state Department of Agriculture and the Oregon Health Authority.

Personal legalization will not go into effect until next July 1, and legal marijuana commerce will not begin until December 2015.

For drug reformers, Oregon is another feather in the cap on a day that already saw Washington, DC, legalize it.

"It’s always an uphill battle to win a marijuana legalization initiative in a year like this, when young people are so much less likely to vote, which makes today’s victory all the sweeter," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "The pace of reform is accelerating, other states are sure to follow, and even Congress is poised to wake from its slumber."

DPA’s lobbying arm, Drug Policy Action, was the single largest donor to the Oregon campaign and was deeply involved in the measure’s drafting and on-the-ground campaign. The campaign benefited from serious financial backing, spending more than $2 million.

"Having spent years as a prosecutor, I know that Oregon will benefit greatly from regulating marijuana, and that the example set here will influence future states in 2015 and beyond," said former Assistant State’s Attorney and Oregon resident Inge Fryklund, a member of Law Enforcement Against Prohibition (LEAP), which participated in the campaign.

"With Oregon and DC. coming on board, it's clear that Colorado and Washington voting to legalize in 2012 was no anomaly," said Tom Angell of Marijuana Majority "The trend is clear: Marijuana prohibition is coming to an end. As 2016 approaches, we can expect to see many more ambitious national politicians finally trying to win support from the cannabis constituency instead of ignoring and criminalizing us."

New Approach Oregon, the campaign behind Measure 91, was apparently too busy savoring its victory to put out a statement by press time. That's okay; we understand. 

OR
United States

Washington, DC, Legalizes Marijuana!

Voters in Washington, DC, today overwhelmingly approved Initiative 71, which will make it legal for adults to possess and cultivate small amounts of marijuana in our nation’s capital.

Partial election results from the DC Board of Elections Tuesday night had the initiative winning handily with around two-thirds of the vote. It was at 64.5% with 11% of precincts reporting at 10pm, the lowest figure of the day. That was enough for supporters to call the election. [Update: Initiative 71 finished up with 64.7%.]

"You just made history," Dr. Malik Burnett, policy manager for the Drug Policy Alliance's DC-based Office of National Affairs, wrote in an email to supporters shortly after the polls closed. "Voters passed Initiative 71 in Washington, DC."

Along with long-time DC marijuana reformer, hemp entrepreneur, and political gadfly Adam Eidinger, Dr. Burnett co-chaired, the DC Cannabis Campaign. The effort met with some initial reluctance in the DC drug reform community and managed to make the ballot in large part thanks to early financial support from the activist-minded David Bronner of Dr. Bronner's Magic Soaps. Then DPA came on board, bringing more financial and other resources with it.

Because of District law, the initiative could not address legal marijuana commerce. That is the purview of the DC city council, which has already demonstrated its friendliness to marijuana law reform by passing decriminalization earlier this year. The council is already considering a bill to legalize, tax, and regulate marijuana commerce.

"With marijuana legal in the federal government's backyard it's going to be increasingly difficult for national politicians to continue ignoring the growing majority of voters who want to end prohibition," said Tom Angell of Marijuana Majority. "I've been saying for a while that 2016 presidential candidates need to start courting the cannabis constituency, and now the road to the White House quite literally travels through legal marijuana territory."

For the first time, race played a significant role in a legalization campaign, said DPA director of national affairs Bill Piper.

"This was the first legalization campaign in which the racial disproportionality of marijuana enforcement played a major role," he noted. "Initiative 71 sets the stage for the DC council to create a new model for legalizing marijuana – one that places racial justice front and center."

While the voters in DC have now spoken on marijuana legalization, Congress still has a chance to intervene, but that appears unlikely. Congress has 30 days to act or the measure becomes law, but that require a measure to override the will of District votes to be approved by both Houses and signed into law by the president.

Congress could also attach a rider to the DC appropriations bill barring all funding to implement the measure, but it appears that the bill, which should be approved next month or early next year, will be handled through a budget deal with no riders.

Legal marijuana is coming to the nation's capital. 

Washington, DC
United States

Florida Medical Marijuana Initiative Wins Majority, But Falls Short of Victory

Florida's Amendment 2 medical marijuana initiative was defeated in today's election, even though it won a majority of votes. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved.

According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

The Amendment 2 campaign was run by United for Care/People United for Medical Marijuana, which spent more than $6 million. Its most prominent figure was attorney John Morgan, a well-known Florida political figure, who contributed $3.7 million to the cause as of September 4, according to the Orlando Sentinel.

But the opposition was also organized and rolling in cash. The Drug Free Florida campaign committee was generously and almost entirely funded by conservative Las Vegas casino magnate Sheldon Adelson, who contributed more than $5 million of the $5.6 million the campaign had raised by late October.

Most of that $5 million was spent on fear-mongering TV ads that managed to erode what had been strong initial support for the measure. Up until about a month ago, Amendment 2 had consistently polled above—sometimes well above—60%.

While bemoaning the defeat, drug reformers took some solace in Amendment 2's strong showing, with a majority voting in favor of it.

"A tremendous majority of Floridians voted to legalize marijuana for medical purposes today – and that’s what really matters notwithstanding the fact that the initiative will not be implemented," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Today’s vote is a confirmation of medical marijuana's broad support across the political spectrum and sends a powerful message not just to Florida legislators but also throughout the South and even nationally." 

"While it's disappointing that patients in Florida won't be able to find legal relief with marijuana just yet, tonight's result does show that a clear majority of voters in the Sunshine State support a new direction," said Tom Angell, executive director of Marijuana Majority. "The campaign this year faced several key challenges, including that it took place during a midterm election in which turnout dynamics don't favor marijuana reform. Next time medical marijuana is on the ballot, organizers should put patients and medical professionals at the forefront of the campaign rather than relying on a well-meaning but much less sympathetic political donor as the chief spokesperson."

Angell was referring to John Morgan, but in an email to supporters Tuesday night, Morgan gave no indication he was going away.

"We may not have passed Amendment 2 tonight, but make no mistake, tonight was a victory in the fight for medical marijuana in Florida," he wrote. "Our next governor will take the oath of office having won less than a majority of Floridians' votes. The idea that marijuana is medicine and that those suffering and in pain should not be made criminals, received a larger share of the vote than the winner of the last six gubernatorial elections and every presidential campaign in Florida for decades."

Now, he said, it is time to take the fight to the state legislature in Tallahassee. And if the legislature doesn't act, he's vowing to be back in 2016.

"And the people will not be denied a second time," he vowed.  "I have this final message to the patients in Florida - compassion may have been delayed, but it is coming."

FL
United States

Chronicle AM: Drug Issues on the Ballot, Guam Approves MedMJ, UK Drug Policy Row Continues, More (11/4/2014)

We're waiting for election results--except for Guam, where medical marijuana has already won--Britain's governing coalition continues to implode on drug policy, Paraguay tries to crack down, and more. Let's get to it:

Marijuana Policy        

It's Election Day! Marijuana Policy Reform is on the Ballot in Three States, DC, and in Various Local Elections. Voters in Alaska, Oregon, and DC are voting on marijuana legalization, while voters in Florida are voting on medical marijuana. Click on the title link for details on the various state-level initiatives. Local marijuana-related ballot issues are on the ballot in five states. Stay tuned to the Chronicle; we'll be posting election results as they come in through the evening.

Medical Marijuana

Guam Voters Approve Medical Marijuana. In the first election results of the day, voters in Guam have approved a medical marijuana initiative. With all precincts counted, the Joaquin Conception II Compassionate Use Act of 2013 passed with 56% of the vote. The legislatively-sponsored referendum overcame both political inertia and legal challenges to make it to the ballot this year. Guam now becomes the first US territory to approve medical marijuana.

Iowa Board of Pharmacy to Hold Hearing on Medical Marijuana. The board, which has already said the state should be moving toward allowing medical marijuana, is considering whether to make new recommendations to legislators. A board committee will meet November 17 to hear testimony. Among those addressing the committee will be long-time Iowa medical marijuana activist Carl Olsen, whose petition to the board started the ball rolling. Click on the link for meeting details.

Drug Testing

It's Election Day! Drug Testing Doctors is on the Ballot in California. In California, an initiative designed to increase the caps on medical malpractice awards is catching the attention not only of powerful legal and medical interests, but also drug reformers. That's because, in what opponents call a cynical ploy, the malpractice initiative leads with a provision to impose drug testing on doctors. Proposition 46, whose controversial ballot title is "Drug and Alcohol Testing of Doctors, Medical Negligence Lawsuits. Initiative Statute," would, if passed, make California the first state in the nation to impose drug testing on doctors. Click on the title link to read our feature story on the initiative.

Sentencing Policy

It's Election Day! Defelonization of Drug Possession (and Other Offenses) is on the Ballot in California. Proposition 47, the smartly named Safe Neighborhoods and Schools Act, is sponsored by two prominent California law enforcement figures, former San Diego Police Chief William Lansdowne and current San Francisco District Attorney George Gascon, and the campaign is being led by Californians for Safe Neighborhoods and Schools. It has lined up an impressive array of supporters. The initiative would attempt to address the state's chronic over-incarceration problems by moving six low-level, nonviolent crimes from felony/wobblers to misdemeanors. A "wobbler" is an offense that can be charged as either a felony or misdemeanor. Among the included offenses is simple drug possession. About 10,000 people are arrested on drug possession felonies each year in the state. Click on the link to read our feature story about the initiative.

International

Paraguay Moves to Crack Down on Drug Trafficking and Corruption. Members of the government's legislative, executive, and judicial branches met Monday and agreed on measures to thwart drug trafficking and to prevent people with links to the traffic from seeking public office. The move comes after the murder of a reporter covering the drug trade two weeks ago. In addition to barring political participation, the government agreed to move all drug trafficking trials to the capital, Asuncion. Meeting participants also discussed asset forfeiture measures, but didn't act on them. Paraguay is South America's largest marijuana producer.

British Lib Dem Minister Resigns Over Drug Policy Differences With Tories. Differences over drug policy continue to roil Britain's governing coalition. Liberal Democrat MP Norman Baker has resigned as Home Office minister after coalition senior partners, the Conservatives, rejected plans to liberalize the country's drug laws. Baker said support for a "rational, evidence-based policy" was nonexistent at the Home Office and that working with Home Secretary Theresa May on the issue was like "walking through mud." The Lib Dems have been called for drug decrimilization; the Tories aren't interested. 

Guam Voters Approve Medical Marijuana

In the first election results of the day, voters in Guam have approved a medical marijuana initiative. With all precincts counted, the Joaquin Conception II Compassionate Use Act of 2013 passed with 56% of the vote.

The legislatively-sponsored referendum overcame both political inertia and legal challenges to make it to the ballot this year. Guam now becomes the first US territory to approve medical marijuana.

The new law is vague and leaves much in the hands of the Department of Health and Social Services. It directs the agency "to regulate the use of marijuana as treatment for medical conditions or diseases specified in the proposal or designated by the Department at a later time. It further directs the Department to develop rules within nine months, consistent with the proposal to regulate all aspects of the use of marijuana for medical purposes on Guam. The proposal further removes the criminal penalties relating to marijuana when used by qualified patients pursuant to the act."

Mainland drug reformers welcomed the results from the far Pacific territory.

"That’s great news, and a positive omen, for marijuana reform efforts across the country," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Guam is quite conservative politically and home to a significant U.S. military presence, so this resounding victory is a confirmation of medical marijuana's broad support across the political spectrum."

 

"The marijuana majority is a truly global phenomenon," said Tom Angell of Marijuana Majority. "People all across the world are ready to move beyond failed prohibition laws, especially when seriously ill patients are criminalized just for following their doctors' recommendations. With these election results, US territories stretching from Guam -- where America's day begins near the International Date Line -- to Hawaii and Alaska have sensible laws that let patients use marijuana without fear of arrest. And this is just the beginning of a very big day. It's likely that we'll see other important marijuana reforms enacted today as election results come in from races across the US."

GU
United States

Chronicle AM: OR Measure 91 Looking Good, FL Amendment 2 in Trouble, Iran Drug Executions, More (11/3/14)

It's looking good in Oregon, not so good in Florida; Guam's archbishop comes out against medical marijuana, a conservative PAC funded by the Koch brothers is seeking to peel off "stoner" votes from Democrats, there's cannabis club news from Barcelona and Uruguay, Iran drug executions are in the news, and more. Let's get to it:

Execution by hanging in Iran. (iranhr.net)
Marijuana Policy        

Oregon Measure 91 At 52% in Latest Poll. It looks like Oregon will be the next state to legalize marijuana. The latest SurveyUSA poll, released last week, has the Measure 91 legalization initiate winning with 52% of the vote. Only 41% said they were voting against it. That is generally in line with other recent polls. Late in September, SurveyUSA had Measure 91 under 50%, but leading by four points, with 16% undecided. In mid-October, an Oregon Public Broadcasting poll had the measure winning with 52%, again with 41% opposed. Only one recent poll, an Oregonian poll last week, had Measure 91 trailing. In that survey, 44% were in favor and 46% opposed, with 9% undecided. But the results were well within the poll's +/-5% margin of error, and it was also weighted toward older voters.

Medical Marijuana

Another Bad News Poll for Florida's Amendment 2. Yet another poll is out showing the medical marijuana initiative, Amendment 2, failing to achieve the 60% of the vote necessary to win.  A new SEA Polling and Strategic Design poll has support for the initiative at 55%. The initiative needs 60% because it is a constitutional amendment. Other recent polls have also shown the initiative coming up short.

On Eve of Election, Guam Archbishop Urges "No" Vote on Medical Marijuana. Guam Catholic Archbishop Anthony Apuron called over the weekend for his flock to vote against the US territory's legislatively-sponsored medical marijuana initiative. Apuron cited Pope Francis's concerns that marijuana is a drug and its effects on users. The island is about 85% Catholic.

Illinois Begins Second Round of Patient Registrations. The Illinois Department of Public Health has begun a second round of patient registrations for the state's medical marijuana program. As of last Saturday, people whose last names begin with M through Z can apply for a patient card. Patients whose last names begin with the letters A through L have been able to registers for several weeks already.

Drug Policy

Conservative PAC Courts "Stoner" Vote in Bid to Peel Votes from Democrats. In what The Nation's John Nichols calls "the most cynical ploy" of this year's election season, a Koch brothers-supported group, the American Future Fund (AFF), is using social media campaigns hailing marijuana legalization, "our progressive values," and third-party candidates to attack Democratic candidates and try to peel away Democratic votes in key races. In North Carolina, an AFF ad targets Democratic US Senate candidate Kay Hagan: "Don’t even think about voting for Kay Hagan," the ad says. "She doesn’t share our values. You want legalization of marijuana, she’s against it. You want to stop sending our troops overseas, she voted for it. Vote Sean Haugh: He shares our progressive values: pro-legalization, pro-environment, more weed, less war." Haugh is the Libertarian candidate and could be the spoiler in this close race. Click on the link to read the whole piece; it's a real eye-opener.

International

Iran, Saudi Arabia Execute More Drug Offenders. Saudi Arabia beheaded two people for drug smuggling last week. Pakistani national Mohammed Gul Rahma was executed for heroin smuggling, while Saudi national Mohammed bin Noun bin Nasser Al Dhufairi was executed for smuggling amphetamine pills. Meanwhile in Iran, authorities last week hanged five people convicted of drug smuggling. They were identified only by their initials.

Iran Says Nearly All Executions are for Drug Trafficking. Responding to criticism from the United Nations over its routine resort to the death penalty, Iranian officials explained that almost all executions in the country were for drug offenses. The UN cited at least 852 executions between July 2013 and June 2014. According to Iran Human Rights Council President Javad Larijani, 93% of them were for illegal drug smuggling.

Barcelona to Bar Under-21s from Cannabis Clubs. The Catalonia parliamentary health commission is set to raise the minimum age for membership in cannabis clubs from 18 to 21 when it meets on Thursday. It is also expected to bar new clubs from opening near schools and day care centers. The new rules come after months of discussions between health officials, parliament, and club representatives in the wake of an August crackdown that saw 49 of the clubs closed. The remaining 300 clubs will now have to be licensed and will also have to wait 15 days before supplying marijuana to new members.

Registration Begins for Uruguay Cannabis Growers' Clubs. Registration has begun for marijuana growing clubs under the country's marijuana legalization law. Licensed clubs with up to 45 members will be able to grow 99 plants each year. People can already individually grow up to six plants at home. Under the law, each club member can produce a little over a pound (480 grams) a 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.)

Final Poll Has Oregon's Marijuana Legalization Measure 91 With 52%

It looks like Oregon will be the next state to legalize marijuana. The latest SurveyUSA poll, released last week, has the Measure 91 legalization initiative winning with 52% of the vote. Only 41% said they were voting against it.

That is generally in line with other recent polls. Late in September, SurveyUSA had Measure 91 under 50%, but leading by four points, with 16% undecided. In mid-October, an Oregon Public Broadcasting poll had the measure winning with 52%, again with 41% opposed.

Only one recent poll, an Oregonian poll last week, had Measure 91 trailing. In that survey, 44% were in favor and 46% opposed, with 9% undecided. But the results were well within the poll's +/-5% margin of error, and it was also weighted toward older voters.

In this latest SurveyUSA poll, the measure was more strongly supported by men (56%) than women (49%) and more strongly supported by 18-to-34-year olds (71%) and 50-to-64-year-olds (61%) than voters 65 or over (36%). Voters in the 35-to-49 age group were split evenly, with 46% in support and 46% opposed.

Nearly two-thirds of Democrats (65%) and a healthy majority of independents (57%) were in favor of Measure 91, while fewer than a third of Republicans (32%) supported it.

Oregon is a mail-in ballot state. Most ballots have been cast already. The late polls should reflect what many voters have already decided. Stay tuned tomorrow night, though; it ain't over until it's over. 

OR
United States

Federal Sentencing Reforms Go Into Effect Today [FEATURE]

Federal drug sentencing reforms adopted earlier this year by the US Sentencing Commission went into effect today. They should result in tens of thousands of federal prisoners seeing their sentences cut and being released early, as well as ensuring that future offenders are not sentenced so harshly.

The Sentencing Commission, an independent body in the judicial branch which is charged with setting federal sentencing guidelines, voted unanimously in April to reduce the guidelines for most drug sentences. Then, in July, it voted—again unanimously—to make those sentencing reductions retroactive, meaning they will be applied to current federal drug prisoners.

Congress had an opportunity to disapprove of the sentencing reductions, but failed to act, so the changes are now in effect.

As of today, current federal drug prisoners can begin petitioning courts for sentence cuts based on what the new guidelines call for. If the courts determine they are eligible for the sentence cuts and a reduction is appropriate, the sentences will be reduced. That will result in some federal prisoners getting out early, but none will be released until a year from today.

The sentence cuts will not, though, reduce mandatory minimum sentences, which are set by Congress. Prisoners serving sentences longer than the mandatory minimum may win sentencing reductions, but not below the mandatory minimum.

(The federal sentencing reform group Families Against Mandatory Minimums provides an overview page on the move and what it means, as well as FAQ page for prisoners and their families.)

For the past two decades, the Sentencing Commission has attempted to rein in the harshly punitive impulses in Congress that led it to impose lengthy prison sentences for even low-level drug offenses in the 1980s. The federal prison population has increased more than three-fold since 1980, driven largely by the war on drugs. According to the Bureau of Prisons, the 98,482 federal drug prisoners make up 48.8% of all federal prisoners.

The federal prison at Butner, NC. Will there be room at the inn? (bop.gov)
"The reduction in drug guidelines that becomes effective tomorrow represents a significant step toward the goal the Commission has prioritized of reducing federal prison costs and overcrowding without endangering public safety," Judge Patti Saris, chair of the Commission, said in a statement. "Commissioners worked together to develop an approach that advances the causes of fairness, justice, fiscal responsibility, and public safety, and I am very pleased that we were able to agree unanimously on this reasonable solution. I am also gratified that Congress permitted this important reform to go forward."

According to the Commission, more than 46,000 current drug prisoners will be eligible for sentence reductions through retroactive application of the revised sentencing guidelines. The Commission estimates that the sentence cuts will reduce the federal prison population by 6,500 within five years and more significantly as time goes on.

The Drug Policy Alliance (DPA) applauded the sentencing reductions, and especially the Commission's move to apply them to current prisoners.

"It makes little sense, of course, to reform harsh sentencing laws proactively but not retroactively," said Ethan Nadelmann, DPA executive director. "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 was right and just."

"This is an important step toward undoing some of the worst harms of the drug war by allowing people to be reunited with their families," added DPA media relations manager Tony Papa, who served 12 years in prison for a nonviolent drug offense.

The US Sentencing Commission considers retroactivity at a meeting in May. (uscourts.gov)
While the Sentencing Commission has been working for years to address prison overcrowding and unduly harsh sentencing, recent years have also seen some advances in Congress. In 2010 Congress unanimously passed legislation reducing the crack-powder cocaine sentencing disparity. Bipartisan legislation reforming mandatory minimum sentencing, the Smarter Sentencing Act (S 1410), has already passed out of committee this year and is awaiting a floor vote in the Senate. Attorney General Eric Holder has made numerous changes this year, including directing U.S. Attorneys to charge certain drug offenders in a way that ensures they won’t be subject to punitive mandatory minimum sentencing.

Sentencing Commission Chair Judge Parris said Congress still needs to get around to passing comprehensive reforms.

"Only Congress can act to fully solve the crisis in federal prison budgets and populations and address the many systemic problems the Commission has found resulting from mandatory minimum penalties," she said. "I hope that Congress will act promptly to pass comprehensive sentencing reform legislation."

Maybe then we can actually reverse the decades-long trend of sustained growth in the federal prison population. Actually, thanks to reforms already passed by Congress, we may see the first decrease in the federal prison population announced next month, when the Bureau of Justice Statistics issues its annual prison population report. The preliminary numbers suggest that the population may have peaked in 2012.

This move by the Sentencing Commission will only accelerate that (presumed) trend, but will only result in sentence reductions for about half of incarcerated federal drug offenders. There is still more work to be done. 

Washington, DC
United States

Chronicle AM: DC Council Ponders Pot, NJ Cops Get Naloxone, Denmark Funds MedMJ Research, More (10/31/14)

Oregon's Measure 91 is getting big bucks and using innovative outreach techniques in the final days, the DC council ponders how to implement pot legalization, NYC councilmembers demand the cops quit targeting minority men for pot busts, Denmark funds research on medical marijuana (but not underground trolls!), and more. Let's get to it:

Opioid overdose reversal kit handed out to police in Mercer County, NJ. (nj.gov)
Marijuana Policy       

Last Minute Contributions Boost Oregon's Measure 91. The Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance, has contributed another $250,000 to the Measure 91 marijuana legalization initiative campaign as the clock ticks down toward election day. That means Drug Policy Action has now donated $1.74 million of the $3.9 million raised by the campaign. The campaign is also getting a boost from pot legalization supporter US Rep. Earl Blumenauer (D-OR), who has made an in-kind contribution of $40,020 to help pay for TV ads.

Oregon's Measure 91 Campaign Using Innovative "Did They Vote?" Website. The campaign is using DidTheyVote.org, a web site that allows voters in the state to log on and see if their Facebook friends have voted. If the friends haven't voted, people using the web site can "nudge" them to do so. "Check to see if your Facebook friends turned in their ballots! It takes 60 seconds. If it appears the elections office hasn’t received your friends’ ballots yet, you can give them a little nudge by sending them a reminder message," the web site explains. The web site is a project of the progressive non-profit group Our Oregon.

Sacramento Federal Court Hearing on Marijuana Scheduling Ends. In a groundbreaking federal court hearing, US District Court Judge Kimberly Mueller in Sacramento has heard five days of evidence around whether marijuana is properly classified as a Schedule I drug under the Controlled Substances Act. Doctors and scientists made a strong case that marijuana does not belong in Schedule I. The judge issued no immediate ruling, but instead requested extensive briefs from the parties involved. She could rule on the issue two months from now or more. Click on the link to get some flavor of the discussion.

Five NYC Councilmembers Accuse NYPD of Continuing to Target Minority Men for Pot Arrests. Five black or Latino city council members today sent a letter to Mayor Bill de Blasio and Police Commissioner Bill Bratton charging that the NYPD continues to single out young men of color for marijuana arrests. "This is not an abstract issue for us," the letter said. "We approach this issue not just as lawmakers but also as young men of color whose lives and behavior are directly affected by the NYPD’s practices. The NYPD continues to target people who look like us, and we know from our own experiences and those of our peers that these racially skewed arrests create distrust between young men of color and the police." The letter was signed by Councilmen Ritchie Torres (D-Bronx), Carlos Menchaca (D-Brooklyn), Antonio Reynoso (D-Brooklyn), Rafael Espinal (D-Brooklyn), and Donovan Richards (D-Queens). While arrests have declined from the 50,000 in 2011 to some 29,000 last year, minority men are still the primary target, the councilmen said.

DC Council Holds Hearing on Moving Toward Legalization. With the marijuana possession and cultivation initiate Measure 71 heading for an apparent victory at the polls on Tuesday, the DC city council is moving to address how to tax and regulate legal marijuana in the District. The council's Committee on Business, Consumer and Regulatory Affairs and its Committee on Finance and Revenue held a joint hearing Thursday to begin to lay the groundwork. Click on the link for more details.

Medical Marijuana

New York US Representatives Ask Justice Department to Let State Import High-CBD Medical Marijuana for Sick Kids. In a letter to Attorney General Eric Holder Thursday, they called on the Justice Department to find a way to let the state import medical marijuana to be used by severely ill children. The governor this year moved to allow some access to medical marijuana, but the state program will not be in full effect for more than a year. That's too long to wait, the lawmakers said. "Every day makes a difference for children with these severe disorders. Given this urgent public health need, we urge you to allow New York the ability to import finite and strictly controlled amounts of cannabidiol,"they wrote.

Harm Reduction

Every Cop Car in Mercer County, New Jersey, To Be Armed With Overdose Reversal Drug. Police departments in Mercer County (Trenton) are now armed with 600 naloxone (Narcan) opiate overdose reversal kits. Beginning tomorrow, every patrol vehicle in the county will have one, as will every detective vehicle and detention center. Police in the state have begun carrying the drug since Gov. Chris Christie (R) ordered it made available throughout the state following successful pilot programs in Monmouth and Ocean counties. Officials said naloxone had saved 325 lives in the state so far.  

International

Britain's Cameron Stands Firm: No Drug Policy Review. Facing an insurrection over drug policy from the junior partners in his governing coalition, the Liberal Democrats, after a Home Office report found no obvious link between tough drug laws and drug use levels, Tory Prime Minister David Cameron is stubbornly refusing to consider any changes to Britain's drug policy. "I don’t think anyone can read that report and say it definitely justifies this approach or that approach, but the evidence is what we’re doing is working," Cameron said, citing falling levels of drug use. "I don’t believe in decriminalizing drugs that are illegal today. I’m a parent with three children; I don’t want to send out a message that somehow taking these drugs is OK or safe." In a sign of the depth of the discord between the coalition partners, Cameron's statement also included a zinger aimed at the Lib Dems: "The Lib Dem policy would see drug dealers getting off scot-free and send an incredibly dangerous message to young people about the risks of taking drugs."

Denmark to Fund Medical Marijuana Research. The Danish government agreed Thursday to distribute at least $6 million for health research that will include research on medical marijuana. The funding is part of a broader agreement to fund socially relevant research. Strangely enough, the Danish newspaper article linked to above ends by noting that "no additional funds were set aside for the study of underground trolls."

Chronicle AM: Cops for Pot Legalization, British Drug Policy Squabble, Afghan Opium Warning, More (10/30/14)

Cops raise their voices in support of marijuana legalization initiatives, the US government's Afghanistan watchdog slams our drug policies there, Louisiana bans a synthetic cannabinoid and Russia wants to do the same, Britain's Lib Dems and Tories are going at each other over drug policy, and more. Let's get to it:

Synthetic cannabinoid products (Louisiana Dept. of Health and Hospitals)
Marijuana Policy       

Cops Come Out in Support of Oregon Measure 91. Some 30 former police officers, sheriffs, prosecutors, and judges have come out in support of the Measure 91 legalization initiative. The campaign held a press conference with some of them yesterday and released a letter from them. "Treating marijuana as a crime has failed,"they said. "Arresting and citing thousands of people in Oregon and elsewhere for marijuana-related crimes is a distraction to law enforcement and a misuse of taxpayer resources. The time and money spent should go to make our communities safer. Police resources should be focused on violent criminals, thieves and criminal cartels."

Former Seattle Police Chief Campaigns for Alaska's Measure 2. Former Seattle Police Chief Norm Stamper is hitting the hustings up north to garner support for the Measure 2 legalization initiative. The Law Enforcement Against Prohibition (LEAP) member has also been making the rounds in Anchorage, appearing on talk radio shows and other media in support of the measure. He is attempting to counter opposition to the measure from the likes of the Alaska Association of Police Chiefs.

Vermont Sets Public Hearing on Marijuana Policy. The state government has set a November 12 date for a public hearing that will "provide Vermonters with the ability to contribute comments for a legislatively-mandated study on the issues involved with possible legalization of marijuana production, distribution and possession in the State of Vermont." The hearing comes ahead of a mandated January report to the legislature on issues related to marijuana legalization from Administration Secretary Jeb Spaulding. Click on the link for more event details.

New Synthetic Drugs

Louisiana Bans New Synthetic Cannabinoid. After more than 125 people got sick in Baton Rouge this month, state officials Wednesday announced an immediate ban on the synthetic cannabinoid MAB-CHMINACA. The state has twice before banned other synthetic cannabinoids, once in March and again in July. The compound has been sold in products with names like "Mojo," "Spice," and "Scooby Snax." Read the emergency rule here.

International

US Afghan Watchdog Warns on Opium. The Special Inspector General for Afghanistan Reconstruction (SIGAR), John Sopko, has warned that the country's opium economy is threatening reconstruction efforts and that the US is not adequately addressing the problem. Anti-drug efforts have "largely fallen off the Afghan agenda," he said in a quarterly report released today. Sopko also criticized the State Department's Bureau of International Narcotics and Law Enforcement Affairs for "wasting" more than $7 billion on failed drug control policies. "There is nothing that they have said to me or my staff that would indicate that there's any idea of how to improve the situation," he said in an interview ahead of the release of the report. "Has anyone had their job performance -- in the State Department, Department of Defense or [US]AID -- affected by the fact that they failed over the past 13 years to do anything on counternarcotics? No." The report itself is worth a read.

British Drug Policy Squabble. The junior and senior partners in Britain's governing coalition are going after each other in an increasingly nasty fight over drug policy occasioned by a new Home Office report on new synthetic drugs. The report found "there is a lack of clear correlation between tough drugs laws and levels of abuse." Liberal Democrat leader Nick Clegg hammered the Tories as being "frightened" of drug reform and having "a totally misplaced, outdated, backwards-looking view" on drug policy. Conservatives shot back that the Lib Dems were using the report for "naked political posturing" and accused the party of pursing "a dangerous and irresponsible" agenda of decriminalization. Get more details by clicking the links.

INCB Meets in Vienna. The International Narcotics Control Board (INCB) began its 111th session today in Vienna. At the opening, board President Dr. Lochan Naidoo stressed his concerns about insufficient access to medicines containing narcotic or psychotropic drugs and noted the obligation of treaty parties to ensure access to such medicines to ensure treatment and prevent pain and suffering.

Russian Government Submits Bill to Ban Synthetic Cannabinoids. President Vladimir Putin today submitted to the State Duma a bill to ban the sale and use of synthetic cannabinoid products. The bill names the cannabinoids as dangerous substances, bans their use, and gives the Federal Drug Control Agency authority to create a registry of such banned substances. The agency reports that more than a thousand users of the drugs have been hospitalized in the last year and 40 have died.

Austrian Neos Party Supports Marijuana Legalization. A neoliberal political party that has just won its first seats in parliament has come out in support of legalization. The Neos (or New Austria) Party embraced the position at its party conference this past weekend.  "We support self- responsibility and liberty. Legalization makes sense", party leader Mat Strolz said Tuesday. The Neos are the first part to embrace legalization in the wake of a parliamentary citizens' initiative that has so far gathered more than 27,000 signatures, making it the third most popular in Austrian history. It's not just new fringe parties that are considering the issue. The leaders of the governing coalition, the Social Democrats, will vote on legalization at their party convention next month. 

This Week's Corrupt Cops Stories

New York, San Francisco, and Phoenix all had corrupt cop cases this week. So did East Orange, New Jersey. Let's get to it:

In East Orange, New Jersey, an East Orange police officer was indicted last Thursday along with two others on charges she was dealing cocaine out of her home. Officer Rajheher Massenburg, 35, now faces charges of official misconduct and conspiracy to distribute narcotics in what appears to be a cocaine ring run by her housemate and father of her children. Her housemate got hit with more serious charges, including multiple counts of cocaine distribution.

In San Francisco, a former San Francisco police officer pleaded guilty last Thursday in a major corruption case that involved stealing money and drugs from suspects and distributing the ripped off drugs. Reynaldo Vargas copped to four felony counts and promised to testify against his former colleagues in their upcoming trial. In his plea agreement, he admitted that "I stole computers and other property from subjects during searches and arrests. I took the computers and other property, including gift cards and money, during law enforcement operations and, rather than booking them into evidence as I was required to do, I kept them for my own personal use and enrichment." He also admitted stealing marijuana from a UPS parcel police had intercepted and turning it over to informants to sell.

In New York City, a former NYPD officer was found guilty Monday of helping what he thought were drug dealers to move several kilos of heroin from the Bronx to Brooklyn. Jose Ramos went down in a sting operation and was convicted of attempted possession of a controlled substance, attempted grand larceny, and attempted robbery. It's not over for Ramos. He still faces a conspiracy count for trying to get an informant killed. The Ramos case also led directly to the NYPD ticket-fixing scandal, in which more than a dozen cops are accused of fixing parking and traffic tickets for friends and family members. Those cops go on trial in January.

In Phoenix, a former Phoenix police officer was sentenced last Friday to 3 ½ years in prison for stealing drugs from the department evidence room. William McCartney had pleaded guilty in June to one count each of theft and fraudulent schemes. He originally faced 40 counts. 

Medical Marijuana Update

A bad court ruling in Arizona, a good court ruling in Michigan, trouble for Florida's Measure 2, actions against dispensaries in California, and more. Let's get to it:

Arizona

Last Thursday, a state appeals court held that medical marijuana users can be charged with DUI even if they're not actually impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

California

Last Wednesday, four San Diego dispensaries were shut down by court order. San Diego authorities won court orders earlier in the week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

Last Thursday,the DEA raided two Los Angeles dispensaries. DEA agents raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

On Tuesday, Humboldt County supervisors approved a more restrictive cultivation ordinance. Saying they were trying to reduce neighborhood nuisances caused by excessive cultivation, supervisors voted unanimously to limit outdoor grows to 100 square feet on plots under five acres and 200 square feet on plots larger than that.

Also on Tuesday, Sonoma County supervisors directed planning officials to review the county's cultivation ordinance. Currently, people can grow up to 30 plants or up to 100 square feet. Supervisor Shirley Zane tried two years to tighten the rules, but had to back down in the face of loud opposition. Now, she wants to try again.

Florida

On Monday, another poll suggested that Measure 2 is in danger. A Gravis Marketing poll has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Also on Monday, news came that Republican money man Sheldon Adelson had put up another $1 million to defeat Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of that. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

Michigan

Last Friday, the state court of appeals held that medical marijuana users are entitled to unemployment compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania

On Monday, a state senator urged DAs to not prosecute medical marijuana cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Washington

Last Thursday,Seattle warned dispensaries they will need state licenses. The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

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

Chronicle AM: OR Measure 91 Race Tightens, ACLU Petition on Police Militarization, Chile MedMJ, More (10/29/14)

There's a scary poll out in Oregon, the Drug Policy Alliance grades the House of Representatives, the ACLU has a petition to stop the Pentagon sending surplus military equipment to police forces, and more. Let's get to it:

Announcing the first permitted medical marijuana planting in Chile today. (fundaciondaya.org)
Marijuana Policy       

Latest Poll Has Oregon Measure 91 in Dead Heat. The latest poll from the Oregonian has the Measure 91 legalization initiative trailing in a tight race, but within the poll's margin of error. The poll of likely voters had 44% supporting the measure, with 46% opposed and 9% undecided or refusing to answer. The poll's margin of error is +/- 5%. An earlier survey by Oregon Public Broadcasting had the measure leading with 52%. One possible explanation for the difference in the polls is the age breakdown among the respondents. The OPB poll had a higher number of younger voters, who tend to support the measure, but who also tend to be less likely to vote than older voters.

Drug Policy

Drug Policy Alliance Voters' Guide Grades US Representatives. The Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance (DPA), has released its 2014 Drug Policy Reform Congressional Voter Guide, which grades members of Congress on how they voted on seven key drug policy issues this year and last. The guide names 10 representatives as "champions of reform." They are Reps. Earl Blumenauer (D-OR), Steven Cohen (D-TN), Sam Farr (D-CA), Barbara Lee (D-TX), Thomas Massie (R-KY), Eleanor Holmes Norton (D-DC), Beto O'Rourke (D-TX), Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Bobby Scott (D-VA).  DPA says the guide is not just to educate voters, "but also to send a firm message to elected officials that they will be held accountable for supporting draconian policies that exacerbate the worst harms of the drug war." It names 141 representatives who failed to get a passing grade. 

Law Enforcement

ACLU Petitions to End Program Giving Surplus Military Equipment to Police Agencies. The American Civil Liberties Union (ACLU) has begun a petition drive designed to "stop arming local and state law enforcement with military equipment" and "impose a moratorium on the 1033 program to temporarily halt equipment transfers and create transparency and safeguards within this program." 1033 is the program under which surplus US military equipment, such as Humvees, armored personnel carriers, and the like are given free of charge to local and state police. The program has come under increased fire in the wake of heavily militarized police deployments in Ferguson, Missouri, after the police shooting of Michael Brown. Go to the link to sign the petition, then spread the word on social media platforms.

International

Mexico Announces Arrest of Four Drug Gang Members in Case of Missing Student Teachers. Attorney General Jesus Murillo Karam Tuesday announced the arrest of four Guerreros Unidos cartel members who allegedly confessed to participating in the disappearance of 43 student teachers a month ago after they were detained by police. Murillo said that two of those arrested had admitted receiving the students and were about to reveal their location. The case, which unveiled close ties between drug gangs and local authorities, has roiled Mexican politics ever since the students went missing.

Medical Marijuana Planted Today in Chile. After authorities in the La Florida district of Santiago, the Chilean capital, gave their permission, medical marijuana supporters today planted marijuana plants that will be harvested in April and turned into a cannabis oil to be used to treat pain in cancer patients. The project is being run by the Daya Foundation, and will also include a clinical study of marijuana's effectiveness as a pain reliever. 

Marijuana Reform on Local Ballots in Five States Next Week: The Rundown [FEATURE]

Election Day is less than a week away, and it's not just statewide marijuana, medical marijuana, sentencing reform, and drug testing initiatives that we're watching. In five states, voters in some cities or counties will have opportunities to cast ballots for local marijuana reform measures.

In four out of the five states—California being the exception—the local initiatives, some binding, some not, are chances to vote for decriminalizing or legalizing pot. In all of those states, these city- or county-level measures are just the latest steps in sometimes years-long campaigns laying the groundwork for state-level legalization, either through the ballot box or through the legislature.

California is a special case this year. With pot possession already decriminalized, its unique medical marijuana laws providing broad, if uneven, access, and the near certainty that statewide legalization is going to be on the ballot in 2016, nobody is bothering with local legalization measures in 2014 (although they had successful ones in a number of cities in the past).

In California, all the action is about medical marijuana. Let's start there.

California

With the state legislature unable or unwilling to pass statewide medical marijuana regulations, battles on the topic regularly devolve to the local level. This year is no exception. There are three broad areas of contention this year: cultivation, dispensaries, and taxes.

Four counties are dealing with cultivation issues. In Butte County, Measure B is a less restrictive ordinance than Measure A, which was passed by the board of supervisors. Both are on the ballot. In Lake County, Measure O and Measure P, both seek to overturn the restrictive Measure N, which was narrowly approved by voters last year. Measure O would allow more plants to be grown, while Measure P declares that personal—not commercial—grows  are a fundamental right and that people growing for their own use are exempt from county cultivation ordinances.

In Nevada County, Measure S would liberalize the county's restrictive cultivation ordinance by allowing indoor cultivation anywhere, eliminating some minimum distance and other restrictions, and allowing up to 60 plants to be grown on plots over 30 acres. In Shasta County, Measure A is a referendum on an ordinance banning outdoor grows and home cultivation. A "no" vote on Measure A would repeal the ordinance.

Medical marijuana remains contested terrain in California. (wikimedia.org)
Dispensaries are on the ballot in a number of cities and counties. In Orange County's Santa Ana, two competing measures are on the ballot. Measure CC would allow for a minimum of 22 dispensaries, while the more restrictive, city council-sponsored Measure BB has no minimum number of dispensaries, a higher tax rate, and more restrictions than Measure CC.

In San Diego County, two cities have dispensary measures on the ballot. In Encinitas, Measure F would allow dispensaries and tax them at a 2.5% rate, while in La Mesa, Measure J would do the same thing. In Riverside County, Blythe's Measure Z would authorize and regulate dispensaries, with a 15% business tax.

Straight taxation questions are also on the ballot in Santa Cruz County (Measure K), the city of Santa Cruz (Measure L), Shasta Lake City (Measure C), and two Riverside County communities, Cathedral City (Measure N) and Desert Hot Springs, which has both a cultivation tax measure (Measure HH) and a dispensary tax measure (Measure II) on the ballot.

[Thanks to the Drug Policy Forum of California and its November 2014 Election Guide for the information on California local initiatives.]

Maine

In Maine, the Marijuana Policy Project (MPP) and local allies are sponsoring possession legalization initiatives in two towns, Lewiston and South Portland. A similar effort in York was blocked by recalcitrant town leaders. This year's effort builds on last year's success in Portland, Maine's largest city, where a similar initiative was approved with 67% of the vote.

In Lewiston, the personal legalization initiative is Question 2; it South Portland, it is Citizen-Initiated Ordinance #5.

Lewiston is the state's second largest city, while South Portland is its fourth largest. Victories in those two cities next week, along with last year's victory in Portland, will lay the groundwork for a statewide legalization push in 2016, which MPP says is coming.

Massachusetts

For the last six election cycles, activists with the Drug Policy Forum of Massachusetts and MassCann/NORML have been laying the groundwork for marijuana law reform through the use of non-binding Public Policy Questions (PPQs), by which voters signal their reform desires to their elected representatives. The questions have been on medical marijuana, decriminalization, and legalization—and they have never lost.

MassCann/NORML practices some street activism. (masscann.org)
Public opinion in the form of successful public policy questions helped decriminalize marijuana in 2008 and legalize marijuana in 2012. This year, the questions are all about legalization, and the aim is clear: making Massachusetts a legal marijuana state within the next couple of years.

This year, the question asks: "Shall the State Representative from this district be instructed to vote in favor of legislation that would allow the state to regulate and tax marijuana in the same manner as alcohol?"

Voters will be answering that question in the following districts: 4th Barnstable, 4th Berkshire, 1st Essex, 2nd Franklin, 14th Middlesex, 15th Middlesex, 24th Middlesex, and 8th Norfolk.

But wait--there's more. Meanwhile, Bay State Repeal has an even less restrictive question on the ballot in five districts. That question asks whether voters would like to tell their representatives to "replace the state's restrictions on marijuana with a law that regulates the cultivation and commerce in marijuana by persons over the age of 21, in the same manner as laws that apply to the cultivation and sale of fruits, vegetables, and herbs."

That question will be asked the following districts: 4th Essex, 7th Essex, 8th Essex, 3rd Middlesex, and 6th Middlesex. A slightly different form of the question will be asked in the 2nd Hampshire district. 

Michigan

In an fight led by the Safer Michigan Coalition, marijuana decriminalization is on the ballot in 11 Michigan towns and cities this year. Like the efforts in Maine and Massachusetts, the effort in Michigan this year is part of an ongoing process whose ultimate end is legalization. Eleven other Michigan cities, including Detroit, Flint, Grand Rapids, Kalamazoo, and Lansing—the state's largest cities—have already passed similar measures. No city has ever defeated one.

This year, voters will have the chance to do the same in Berkley, Clare, Frankfort, Harrison, Huntington Woods, Lapeer, Mt. Pleasant, Onaway, Port Huron, Pleasant Ridge and Saginaw.

All will be voting on questions similar to this one, from Port Huron: "Shall the Charter of the City of Port Huron, Michigan be amended such that nothing in the Code of Ordinances shall apply to the use, possession or transfer of less than 1 ounce of marijuana, on private property, or transportation of 1 ounce or less of marijuana, by a person who has attained the age of 21 years?"

New Mexico

The state's most populous county, Bernalillo County, and its third most populous, Santa Fe County, will vote on advisory, non-binding questions designed to measure popular support for marijuana decriminalization.

In both counties, the question asks: "Are you in favor of the [...] County Commission supporting County, City, and Statewide efforts to decriminalize possession of one ounce or less of marijuana?"

There should also have been a pair of municipal decriminalization initiatives in Albuquerque and Santa Fe, but it didn't work out that way. The Drug Policy Alliance and Progress New Mexico worked through the summer and into the fall to put the initiatives before the voters in Albuquerque and Santa Fe, but neither actually happened.

In Santa Fe, the city council, when presented with the qualified initiative, just voted to accept it instead of putting it to a popular vote. In Albuquerque, the reason no vote is occurring is not so happy. Although the city council voted to put the initiative on the November ballot, Mayor Richard Berry (R) vetoed it.

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If the past is any indication, these building-block local initiatives should all fare very well at the polls and continue to build the number of American political jurisdictions that have gone on record for ending pot prohibition. Come back next week to see if we can confirm that. 

Chronicle AM: FL MedMJ Init in Danger, CO Legalization Report, Russia Synthetics Ban, More (10/28/14)

The Florida medical marijuana initiative appears to be in trouble, thanks in part to a deep-pocketed GOP opposition donor, a federal court is hearing evidence on marijuana's scheduling, a new report on Colorado's legalization finds less than meets the eye, Russia bans some new synthetics, and more. Let's get to it:

Florida's medical marijuana initiative faces an uphill battle in the campaign's final days.
Marijuana Policy

Federal Court Hears Arguments on Proper Scheduling of Marijuana. In a federal court hearing in Sacramento that continues today, three medical experts testified that the scientific evidence does not support classifying marijuana as a Schedule I drug under the Controlled Substances Act. This is the first time in living memory that a federal court in a criminal case has allowed discussion of marijuana's proper placement in the drug schedules. Testifying for the defense in US v. Schweder, Gregory Carter, MD, and Carl Hart, PhD, told the court that marijuana is neither "very dangerous" nor "lacking medical use," both of which are required to support a Schedule I placement.

Cincinnati City Council Moves to Fix Its Pot Policy Misstep. Ohio is a state where the possession of marijuana is decriminalized, but in 2006, the Cincinnati city council tried to crack down on it, making possession of even small amounts a misdemeanor offense under city ordinance. The council later repealed that law, admitting it was a mistake. Now, it has moved to undo one of the nastier consequences of its actions, voting Monday to allow people arrested under that ordinance to have their criminal records expunged. More than 10,000 people were arrested under the ordinance, which was in effect until its repeal in 2010.

Cato Report on Colorado Legalization: No Big Deal. For all the sturm und drang surrounding the consequences of marijuana legalization in Colorado, a new report by Harvard economist Jeffrey Miron for the Cato Institute finds it just wasn't that big a deal. Miron found little impact on crime, traffic accidents, or teen drug use -- the banes of the anti-legalization folks -- but neither did he find a big impact on the state's economy. And he found that tax revenues were lower than estimated. Miron's bottom line? "The evidence here indicates that strong claims about Colorado's legalization, whether by advocates or opponents, are so far devoid of empirical support."

Medical Marijuana

Florida's Measure 2 In Danger. A Gravis Marketing poll released Monday has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Republican Money Man Sheldon Adelson Contributes Another $1 Million to Defeat Florida's Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of it. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

International

Russia Bans Ingredients for New Synthetic Drugs. Russia has expanded its list of banned drugs to include methoxetamine, NM-018, and methylphenidate -- all used to create new synthetic drugs. The move comes after Russian senators proposed earlier this month to ban new synthetics from the moment they are discovered instead of going through the lengthy process of listing them on the Federal Drug Control Services' list of banned drugs.

It's Time to Vote! Early and All-Mail Voting is Already Underway in Initiative States

Posted in:

The November elections are a week away, but that doesn't mean you have to wait until the voting booths open. In all the states where drug policy-related initiatives are on the statewide ballot, early, absentee, and mail-in voting has already begun.

Here is the information on early voting in the initiative states courtesy of the National Council of State Legislatures:

Alaska -- The marijuana legalization Measure 2 initiative is on the ballot. Early and absentee voting began last week and continues through election day.

California -- Two drug policy-related initiatives are on the ballot. Proposition 46 would drug test doctors as part of an initiative to raise malpractice liability caps, while Proposition 47 would defelonize drug possession and other offenses. Early voting has been underway since early this month and ends next Monday.

District of Columbia -- The marijuana possession and cultivation legalization Measure 71 initiative is on the ballot. Absentee voting began last week and ends next Monday. Early voting begins tomorrow (Tuesday) and ends on Saturday.

Florida -- The medical marijuana legalization Amendment 2 is on the ballot. Early voting began this past weekend and ends Saturday.

Oregon -- The marijuana legalization Measure 91 initiative is on the ballot. Oregon is an all-mail voting state, and voting has been underway since early this month. For those who haven't mailed in their ballots, state law requires each county to have at least two drop boxes beginning this Friday.

It's time to exercise your right to vote.

Chronicle AM: Latest AK & OR Polls, AZ & MI MedMJ Rulings; Ireland Naloxone, More (10/27/14)

It's nail-biting time for the Alaska and Oregon legalization initiatives, appeals courts in Arizona and Michigan rule on medical marijuana cases, Chuck Schumer (again) wants more money to fight drugs, the acting drug czar opens the harm reduction conference (!), naloxone is coming to Ireland, and more. Let's get to it:

Ireland has approved a pilot program making the opiate overdose reversal drug available. (harmreduction.org)
Marijuana Policy

Latest Poll Has Oregon Measure 91 Under 50%, But With Four Point Lead. The latest SurveyUSA Oregon poll has the Measure 91 legalization initiative leading 44% to 40%, with 16% undecided. All recent polls have shown the measure leading, but as election day draws near, the gap is tightening and support is hovering under 50%. That means it's going to come down to two things: turn-out and how the undecideds break.

Latest Poll Has Alaska Measure 2 Under 50%, But With Four Point Lead. A new Hellenthal and Associates poll has the Measure 2 legalization initiative leading 46.5% to 42.2%, with 11.3% undecided. Those supporting Measure 2 included 29.7% who "strongly favor" and 16.8% who "somewhat favor." Among foes, 35.0% "strongly oppose" and 7.2% "somewhat oppose." Like Oregon, it looks like this one is going down to the wire, and turnout and undecideds will make the difference. Click on the title link for full poll results.

Medical Marijuana

Arizona Appeals Court Holds Medical Marijuana Users Can Be Charged With DUI Even if Not Impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

Michigan Court of Appeals Holds Medical Marijuana Users Can Get Unemployment Compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania State Senator Urges DAs to Not Prosecute Medical Marijuana Cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, has called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Harm Reduction

Acting Drug Czar Opens National Harm Reduction Conference. It wasn't so long ago that top US government officials wouldn't even say the words "harm reduction," but things have changed. Acting director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Michael Botticelli opened the 10th Annual National Harm Reduction Conference, which took place in Baltimore over the weekend. "It really is no coincidence that I'm here,"Botticelli said. "I hope that my presence here reflects the Obama administration's commitment to continuing drug policy reform." Botticelli announced no great initiatives, but he did say that he wanted to ensure that "federal policy reflects the needs of people on the ground," and also expressed the hope that his working relationship with the Harm Reduction Coalition will "continue to grow."

Heroin

Kentucky Republican Lawmakers Vow to Push Legislation Targeting Heroin Dealers. Two GOP legislators have pre-filed the Kentucky Heroin Impact Act (BR 164), which would increase criminal penalties for heroin trafficking. "Unless we take action now, our streets will be lined with dead bodies," said bill cosponsor Rep. Joe Fischer (R-Fort Thomas). The bill also calls for increased public education and more funding for drug treatment. Similar legislation died this year in the legislature.

Law Enforcement

Schumer Wants More Federal Dollars to Fight Online Drug Sales. New York US Sen. Charles Schumer (D) wants the Justice Department to turn up the heat on illicit online drug sales, he said today. He said in a statement he would fight to get more money for the department to fight "drug-related cybercrime." "These websites, by allowing users to rate the delivery services of sellers and by offering any drugs imaginable under the sun, are nothing less than an all-you-can order buffet of contraband that need to be investigated and targeted with more intensity,"he added.

Sentencing

Bail Reform Question is on New Jersey Ballot. New Jersey residents will be voting on a measure that could usher in comprehensive bail reform in the Garden State. Public Question No. 1 asks voters to change the state constitution to give judges the ability to deny bail to dangerous suspects, but it also would enact groundbreaking legislation to comprehensively reform the state's broken bail system. That legislation only goes into effect if the question passes. A recent found that on any given day, nearly 75% of the 15,000 individuals in New Jersey jails are awaiting trial rather than serving a sentence. The average length of pretrial incarceration for these individuals is more than ten months. Nearly 40 percent of the total jail population has the option to post bail but lacks the financial resources to do so and more than 10 percent of individuals could secure their release pending trial with $2,500 or less.

International

Irish Heroin Users to Get Overdose Reversal Drug Naloxone. Beginning early next year, some 600 Irish heroin and methadone users and their families will be supplied with naloxone (Narcan), the overdose reversal drug. It's a pilot program from the Health Service Executive, and follows the success of a similar project in Wales. Ireland has suffered around 200 opiate overdose deaths a year in recent years.

Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)

James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:

Leading academic marijuana policy expert Mark Kleiman grumbles, but says "yes" on Oregon Measure 91 (ucla.edu)
Asset Forfeiture

Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.

Marijuana Policy

Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.

Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.

Medical Marijuana

Four San Diego Dispensaries Shut Down By Court Order. San Diego authorities won court orders earlier this week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

DEA Raids Two Los Angeles Dispensaries. DEA agents Thursday raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

Drug Testing

Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.

International

Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.

Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.

Drug War Issues

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