Drug War Chronicle

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Did "LSD Toxicity" Kill Troy Goode, Or Was It The Police Hogtie? [FEATURE]

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

A man who died after being hogtied by police in South Haven, Mississippi, earlier this year, was killed by "complications of LSD toxicity," the State Medical Examiner office announced Tuesday, ruling the death "accidental" in an official autopsy report. But given that there are no known cases of fatal LSD overdoses, the examiner's findings are hard to credit.

Troy Goode and his wife (family photo)
The family of Troy Goode isn't buying it. And they have their own, independent autopsy findings and the science of psychedelics to back them up.

Goode, his wife, and friends were in the parking lot of a Widespread Panic concert before the show when he began behaving erratically after taking several hits of LSD. His wife attempted to drive him home, but at some point, he got out of the car and began creating a disturbance. Police were called, and they chased and arrested him, hogtieing him face down on a stretcher. He was charged with resisting arrest, then taken in an ambulance to a hospital, where he died two hours later.

Last month, Goode's family and their attorney, Tim Edwards, cited an independent autopsy report that found Goode died after being hogtied and left prone for an extended period. That stress position caused him to have trouble breathing and, as his heart attempted to compensate, it went into cardiac arrhythmia.

"He was suffocating. His heart increased into what is called tachycardia," Edwards said. "There is no scientific basis to attribute his death to LSD. This was lethal force, putting someone in a prolonged hogtied position," Edwards said. "This was not a situation where a 300-pound man attacked a police officer in the dark. This was a science nerd."

At the time, Edwards said the family was asking the Justice Department to open a civil rights investigation into Goode's death and that the family planned to file a lawsuit in January seeking compensation and a ban on hogties.

The Goode family, now represented by attorney Kevin McCormack, isn't any happier today. McCormack said he was "shocked and surprised" by the official autopsy finding.

"It says the cause of death was due to complications resulting from LSD toxicity. My initial reaction when I read that was shock and surprise. As I mentioned numerous times, there's not a single reported death in all of the medical literature from the beginning of human time, not a single reported death due to LSD toxicity," said McCormack.

"In the medical literature there are cases where people took 1000 and 7000 times more LSD than Troy did and ended up fine," said McCormack. "I have no idea what they would mean by complications. What we do know is that LSD, even extremely high doses, is very unlikely to kill anyone and that hogtieing is extremely likely to kill someone," said McCormack.

"We know why Troy died, we know what caused it, and we know it was not LSD," said McCormack.

The widely-acclaimed drug information website Erowid has reviewed the evidence around LSD fatalities, and it backs up what the Goode family lawyers have been saying: "Put simply, LSD does not cause death at recreational or therapeutic doses… Fewer than a handful of human deaths have been tied in the medical literature to the pharmacological effects of LSD, and none of these deaths have been unquestionably attributable to LSD's actions."

Erowid is relying on the scientists:

"No well-documented human deaths resulting directly from the toxic effects of LSD itself have occurred, though LSD has been implicated in accidental deaths, suicides, and homicides," Haddad and Winchester noted in 1990.

"LSD is not toxic in the biological sense," Dr. Paul Gahlinger wrote in his 2001 book "Illegal Drugs: A Complete Guide to Their History, Chemistry, Use and Abuse."

"There have been no documented human deaths from an LSD overdose," a 2008 review of the scientific literature by Passie et al concluded.

Erowid expanded on the accidental death theme to note that some deaths have been associated with inebriated or combative behavior, "including falling or jumping from a height or dying after beaten by police."

Goode was beaten by police, bitten by a police dog, and then restrained. The official autopsy notes cuts to his cheek and chin, bleeding between his scalp and his brain, more cuts or scrapes on his chest, and three fractured ribs. Goode also suffered puncture wounds from a dog bite to his left arm and bruises on both wrists, both ankles, "multiple contusions on the lower left leg," and bruises and cuts or scrapes to his right thigh.

But it was the LSD that killed him, according to Deputy Chief Medical Examiner Erin A. Barnhart, M.D., who signed the autopsy report: "Based on the autopsy findings and current investigational information, the 30-year-old male died as a result of complications of LSD toxicity."

DeSoto County District Attorney John Champion is prepared to wrap it all up. He said Tuesday that, based on the evidence, there was no police misconduct. Now it's up to the family to decide whether to pursue other means of recourse.

Southaven, MS
United States

Chronicle AM: Autopsy Claims Hogtied Man Was Killed By LSD, MA Init Hands in Sigs, More (12/1/15)

With signatures handed in today, Bay Staters should be voting on legalization next year. (www.regulatemassachusetts.org)
Marijuana Policy

Massachusetts Legalization Initiative Campaign Hands in Signatures. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol today turned in more than 103,000 signatures to advance its initiative to legalize marijuana. The campaign only needs 64,750 valid voter signatures to qualify.

Medical Marijuana

North Dakota Medical Marijuana Initiative Gets Go Ahead for Signature Gathering. An initiative campaign led by North Dakotans for Compassionate Care has been approved for signature gathering. Organizers will need some 13,000 valid voter signatures to qualify for the November 2016 ballot.

Drug Policy

Bernie Sanders Returns to Criminal Justice, Marijuana Legalization Themes. At a campaign speech in New Hampshire Monday night, the Vermont independent senator and Democratic presidential contender reiterated his concerns about drug and criminal justice policy, saying the country needs "major reforms in a very broken criminal justice system." Sanders called for investing in jobs and education, "not more jails and incarceration, removing marijuana from the Controlled Substances Act, and treating substance use "as a serious health issue, not a criminal issue."

Law Enforcement

Mississippi Man Hogtied By Police Died of "LSD Toxicity," Autopsy Says. The Mississippi State Medical Examiner has ruled that Troy Goode, who died after being hog-tied and arrested by police in Southaven after a concert, was not killed by police action. Instead, he ruled the death an "accident," related to "complications of LSD toxicity." That he actually died of "LSD toxicity" is extremely unlikely. His family attorney says the family is "shocked and surprised" by the finding.

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

Chronicle AM: DEA Snitching Issues, Dutch Towns Want Regulated Marijuana Grows, More (11/30/15)

Marijuana Policy

Cherokee Chief Vetoes Marijuana Legalization Study Resolution. The principal chief of the Eastern Band of Cherokee Indians, Patrick Lambert, has vetoed a resolution authorizing a feasibility study to examine the "issues and impacts associated with the legalization of cannabis" on tribal lands. "I have stated my opposition to the recreational use of drugs many times, and this includes marijuana," Chief Lambert wrote in his veto letter to Tribal Council Chairman Bill Taylor. Tribal members supporting legalization, organized as Common Sense Cannabis, responded with a statement saying Lambert was misguided: "In Chief Lambert's veto letter, he solely focuses on the 'recreational' marijuana, in which we call personal use. He cites recreational drug use as the problem in our community. While he is right about drug use as a problem, it does not stem from cannabis use. The problem lies with legal prescription pills and other synthetics, such as meth and heroin." The group is calling for the veto to be overridden in a tribal council meeting this Thursday.

Medical Marijuana

Florida Approves Five Medical Marijuana Growers. The state Department of Health has named the five operations that will be allowed to grow high-CBD, low-THC marijuana. The state's law limits the use of oils derived from the plants to patients suffering from cancer or a disease that "chronically produces symptoms of seizures or severe and persistent muscle spasms that can be treated with low-THC cannabis."

New Hampshire Woman Wins Approval to Seek Medical Marijuana in Maine. A woman suffering from late-stage lung cancer can seek to buy medical marijuana in neighboring Maine, a judge ruled last Tuesday. Linda Horan, 64, said she could be dead by the time dispensaries open in New Hampshire, so she sued the state to get an ID card that would allow her to purchase it in Maine. The state had argued that issuing her an ID card would undermine its need to control distribution, but the judge wasn't buying that argument. "She is suffering from a painful, terminal disease and is also undergoing chemotherapy. There is no dispute that cannabis can ameliorate some of her suffering," wrote Judge Richard McNamara. "She will suffer irreparable harm if relief is not granted."

Law Enforcement

Justice Department Inspector General Slams DEA Snitch Practices. In its semiannual report to Congress, the DOJ's OIG criticized the DEA for failing to have guidelines for the use of "high-level and media-affiliated sources," failing to effectively review snitches' authorization to conduct "Otherwise Criminal Activity," and failing to review its continued use of long-term snitches. The report also noted that the DEA was at times uncooperative, including efforts to obstruct the OIG's reviews of snitch file reviews and long delays in providing requested information.

International

European Parliamentary Council Calls for Public Health-Oriented Drug Policy. The Parliamentary Assembly of the Council of Europe, in advance of next year's UN General Assembly Special Session (UNGASS) on Drugs, has called for a public health approach to drug policy. "The Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly of the Council of Europe stresses that the world drug problem constitutes a major public health threat, for both individual drug users and society as a whole… the committee strongly supports the call for a change in approach to drug policy and calls on member States to adopt and promote a public-health-oriented drug policy based on prevention, treatment and harm reduction. It also invites all participants of the UN General Assembly Special Session on the World Drug Problem to defend a new approach to drug policy, which should shift the emphasis from criminal justice to public health."

Dutch Localities Call for Regulated Marijuana Cultivation. The association of Dutch localities, VNG, has issued a new report calling for the government to regulate and license marijuana cultivation as a means of squeezing out smugglers and organized crime. The Dutch allow for the sale of small amounts of marijuana, but there is no legal provision for supplying the crop. 'The current situation cannot continue,' the report states. 'As local officials, we are experiencing major social problems… By turning a blind eye [to marijuana], the government is giving criminals free rein to sell their products. The cannabis industry is loosely entwined with organized crime, which is also involved in ecstasy and human trafficking," the report says.

Uttarkakhand to Become First Indian State to Allow Hemp Cultivation. The state government is now allowing farmers to grow hemp plants with less than 1.5% THC for industrial purposes. The crop can only be sold to the state government, not private buyers.

Chronicle AM: AK to Allow Some Social Pot Smoking, Sentencing Reform Moves in Congress, More (11/23/15)

Marijuana Policy

You'll be able to toke up with this at some Alaska pot shops. (wikimedia.org)
Alaska Will Allow Marijuana Use at Some Stores. The state's Marijuana Control Board voted 3-2 last Friday to allow consumption at some pot shops, making it the first state to do so. Board Chairman Bruce Schulte said there seemed to be public demand for such an option.

New Jersey Marijuana Arrests Going Up, Not Down. Even as state legislators discuss marijuana legalization, New Jersey cops are busily arresting pot smokers at a record pace. Marijuana arrests jumped 10% in 2012 and 10% again in 2013, according to New Jersey State Police Uniform Crime Reports. The 24,765 marijuana arrests is the highest number in 20 years, and nearly double the amount in 1993.

Vermont Legalization Supporters Release Report. The Vermont Cannabis Collaborative has released a report outlining a legalization framework for state lawmakers. The report calls for home grows of up to nine plants, craft growers who could grow up to 99 plants, and large-scale operators, who could have a grow space of up to 30,000 feet. There's much more at the report link.

Medical Marijuana

Arizona Supreme Court Mixed Ruling on Medical Marijuana DUID. The state's high court ruled last Friday that medical marijuana cardholders don't have immunity from prosecution under the state's DUID law, but also held that cardholders can try to mount a defense showing that they did not have enough marijuana or pot metabolites in their system to actually be impaired.

Pennsylvania Medical Marijuana Bill Wins Committee Vote. The House Rules Committee voted 25-8 last Wednesday to advance a medical marijuana bill. The bill has already passed the Senate, but still needs a House floor vote. Gov. Tom Wolf (D) has said he will sign the bill.

Heroin and Prescription

Maryland Legislator Proposes Heroin Maintenance Program. Delegate Dan Morhaim (D) said last Thursday he plans to offer legislation next year to provide free heroin to addicts in a bid to reduce crime.

Asset Forfeiture

New Mexico Senators Sue Albuquerque Over Asset Forfeiture. A bipartisan pair of state senators have filed a lawsuit against the city of Albuquerque over its vehicle seizure program, which they say violates the state's recently passed asset forfeiture reforms. Sens. Lisa Torraco (R-Albuquerque) and Daniel Ivey-Soto (D-Albuquerque) are seeking an injunction to stop the city from seizing vehicles without the owner first being convicted of a crime.

Harm Reduction

FDA Approves Narcan Nasal Spray. The Food and Drug Administration last Thursday approved a naloxone nasal spray to stop or reverse opiate overdoses. The FDA said it was as effective as the injectable form of the drug.

Sentencing

Historic Sentencing Reform Bill Passes House Judiciary Committee. Last Thursday, the House Judiciary Committee voted unanimously to advance the Sentencing Reform Act. The bill, introduced by Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), and sponsored by thirty other Representatives, would reduce mandatory minimum sentences for drug offenses, expand the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and make many of the sentencing reductions retroactive. The bill is also moving in the Senate, where the Senate Judiciary Committee advanced its version last month.

International

China Bans More Than a Hundred New Psychoactive Substances. China last month banned more than a hundred new psychoactive substances, including alpha-PVP, more widely known as "flakka." It is now illegal to distribute flakka, synthetic opiates, and a score of other chemicals.

Mounting Pressure on DEA Head to Resign For Calling Medical Marijuana "A Joke"

Medical marijuana patients and supporters gathered today at DEA headquarters in Arlington, Virginia, to hand in more than 100,000 petition signatures demanding the resignation or firing of DEA Administrator Chuck Rosenberg after he called medical marijuana "a joke."

Medical marijuana is no joke said 100,000 signatures delivered to the DEA today. (wikimedia.org)

The petition, which was started only two weeks ago, has more than doubled the number of signatures on an earlier petition that helped prompt the ouster of Rosenberg's predecessor, former DEA head Michele Leonhart.

After walking from the nearby site of the International Drug Reform Conference, the group held a brief press conference in front of the DEA building. It was led by petition organizer Tom Angell of Marijuana Majority, whose own mother is a patient.

"My mom uses medical marijuana to deal with the severe pain caused by multiple sclerosis," he said. "This issue is no laughing matter for her and millions of other people who have seen the benefits of cannabis for themselves."

Also addressing the press conference were medical marijuana patients and the parents of young medical marijuana patients.

"There is no doubt that my son Jagger is alive today because of medical cannabis," said Sebastian Cotte, who helped carry the petitions. "Cannabis has tremendously decreased the pain and seizures caused by his mitochondrial disease, while improving his quality of life. For our family, this is no joke."

"There's nothing funny about suicidal thoughts, and those are something my family and I lived with day-to-day die to my military-related PTSD," said Navy veteran T.J. Thompson. "Using medical marijuana not only helps with my condition, but it has also had the added effect of making me a better father and husband."

Medical marijuana is now legal in 23 states, the District of Columbia, and Guam, and 17 more states have more limited laws allowing for the use of marijuana extracts, primarily for children suffering seizure disorders. According to Americans for Safe Access, which supported the petition, more than two million Americans now use medical marijuana in accordance with state laws.

An ever-increasing mountain of scientific studies have shown that medical marijuana is beneficial in alleviating the symptoms of serious conditions, including cancer, AIDS, epilepsy, and many others. With his remarks about medical marijuana as "a joke," DEA head Rosenberg made clear that he was either ignorant of the science around medical marijuana or indifferent to it.

The petition delivery came one day after a bipartisan group of members of Congress sent a letter to President Obama calling for Rosenberg's head, saying his comments "send a clear signal to the American people that the federal government isn't listening to them. It erodes trust. Cavalier statements like these fly in the face of state policy and the experience of millions of patients."

The letter blasted Rosenberg's statements as relics of "a throwback ideology rooted in the failed war on drugs" and accused him of "trivializing" both the science and the experience of millions of American who have used medical marijuana.

"Mr. Rosenberg's statements send a clear signal to the American people that the federal government isn't listening to them…Through his statements, Mr. Rosenberg has demonstrated that he is not the right person to hold the job of head of the DEA, and we urge you to find new leadership that can work to develop the right tools to properly rationalize our treatment of marijuana," the letter said.

It was signed by Reps. Earl Blumenauer (D-OR), Steve Cohen (D-TN), Sam Farr (D-CA), Jim McDermott (D-WA), Dana Rohrabacher (R-CA), and Ted Lieu (D-CA). Blumenauer himself took to the House floor to echo the call for Rosenberg's resignation or firing.

"This is going to be a political problem for the Obama administration until they fix it," warned Angell.

Arlington, VA
United States

Burn the Drug War on the National Mall This Saturday!

Posted in:

[Update: Catharsis took place as planned. Photos from the event can be found on the event's Facebook page.]

http://stopthedrugwar.org/files/catharsis-cell-burning.jpg
This coming weekend, the National Mall in Washington, DC, will be the scene of a two-day vigil highlighted by the ceremonial burning of an interactive art installation dedicated to victims on the drug war in the shadow of the Washington monument.

The event is Catharsis on the Mall: A Vigil for Healing the Drug War, open to the public and featuring exhibits, art, music, dance, and nationally known speakers, including famed civil rights attorney Billy Murphy Jr.; Ifetayo Harvey, who lost her father at age four to prison and deportation for a first-time drug offense; and Anthony Papa, sentenced to fifteen years to life imprisonment for a first-time drug offense.

The vigil's centerpiece is the "Temple of Essence," a structure that "offers a space for healing personal and collective trauma, engaging community, and allowing the release of negative energy." It's the temple that will burn on Saturday night.

"People will see they are not alone in this struggle," said Michael Verdon, temple artist and US Air Force veteran. "As the temple burns, we will turn our individual experiences into a collective memory and heal as a community. Afterwards, our vigil will continue with cathartic dancing until sunrise."

Members of the public are invited to share their drug war stories during open mike sessions, as well as writing them within the temple's walls and leaving mementos before it burns.

"Through art and peaceful expression, we are demonstrating the transition to a more compassionate society," said event organizer and civil rights attorney, Robert Haferd. "This vigil is the first of its kind on the National Mall, and we are delighted that the National Park Service, Park Police, and the DC Fire Department have partnered with us to make it possible.

The event is organized by Washington DC-area artists, social justice advocates, and Burning Man participants. Speakers and installations will be provided by national and local drug policy organizations, including Law Enforcement Against Prohibition (LEAP), Students for Sensible Drug Policy (SSDP) and Multidisciplinary Association for Psychedelic Studies (MAPS).

The vigil is timed to coincide with the International Drug Policy Reform Conference, which will bring more than one thousand researchers, academics and advocates to our nation's capital to work toward ending the war on drugs.

"From the recently-leaked United Nations document calling for drug decriminalization, to growing bipartisan support for ending mass incarceration and allowing cannabis research, we are transitioning from the traumatic war on drugs to policies grounded in public health and human rights," said Natalie Lyla Ginsberg, event organizer and Policy and Advocacy Manager for MAPS. "It’s time to come together to heal and celebrate."

See you there!

Washington, DC
United States

Eight States That May Legalize Marijuana Next Year [FEATURE]

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

Beginning in 2012, four states and the District of Columbia have voted to legalize marijuana. By this time next year, that number could well double, and then some. National polls now consistently show majorities in favor legalization, with a recent Gallup poll having 58% support -- tied for the highest level in the poll's history.

That doesn't mean legalization is inevitable in any given state, as the case of Ohio earlier this month demonstrated. There, an initiative led by non-movement investors who sought monopolistic control of commercial pot cultivation got trounced despite spending millions of dollars.

But the Ohio result was probably a fluke, a convergence of a number of factors, including tone-deaf initiative organizers, a flawed initiative, a widely criticized mascot, and the fact that it was an off-off-year election with low voter turnout. There is no reason to believe that legalization initiatives likely next year in other states will be defeated just because the Ohio effort went down in flames.

At this point, it looks like there are six states likely to legalize weed through the initiative process next year, with those efforts at varying stages, and a couple more that could do it through the legislative process.

Here they are:

INITIATIVE STATES

ALREADY ON THE BALLOT

Nevada. The legalization initiative from the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol qualified for the ballot last December. That means that by the time Election Day 2016 arrives, organizers will have had nearly two years to make their case to voters. Under state law, the legislature could have acted on the petitions and legalized weed, but it declined to do so, so now it goes direct to the voters. There are no recent state polls on legalization, but it had 54% support in 2013, and there is no reason to think it has declined since then.

PETITION DRIVES WELL ADVANCED

Arizona. The Marijuana Policy Project-backed Campaign to Legalize Marijuana Like Alcohol in Arizona announced last week that it had already collected 100,000 signatures for its legalization initiative. It needs to collect 150,000 valid signatures by next July to qualify for the ballot, appears well on the way to doing so, and says it is aiming for 230,000 raw signatures to have a healthy cushion. A June poll had support at 53%.

Maine. Once there were two competing initiative campaigns in the state, but now there is only one. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol has quit signature gathering for its legalization initiative and joined forces with Legalize Maine in support of its slightly looser legalization initiative. Both campaigns had gathered about 40,000 raw signatures each before coalescing. The Legalize Maine campaign will need 61,000 valid voter signatures to qualify, and it has until February 1 to get them.  That seems eminently doable, and if it makes the ballot, it should win: A poll in April had support for legalization at a whopping 65%.

Massachusetts. Unlike Maine, the Marijuana Policy Project has so far been unable to form a united front with local activists, so there are two ongoing legalization campaigns. The MPP-backed Campaign to Regulate Marijuana Like Alcohol and its legalization initiative is vying with the homegrown Bay State Repeal and its legalization initiative. As in Maine, the local initiative is slightly looser. Earlier this month, the Campaign said it has already collected 100,000 signatures. It only needs 64,750 valid signatures to qualify, so it already has a nice cushion and the rest of this month to gather more. It's not known how advanced the Bay State Repeal signature drive is, but it already looks like at least one legalization initiative will be on the ballot next year. Under state law, if an initiative has enough signatures, the legislature can then move to enact it. If the legislature doesn't act, the campaign must then gather an additional 10,800 signatures to put it before the voters. One recent poll had support for legalization at only 41%, but it had a small sample size and large margin of error. Polls from 2014 had legalization winning by anywhere from six to 13 points, and the voters previously supported medical marijuana and decriminalization initiatives with a 63% vote.

Michigan. Another state with two competing campaigns, and the one that looks the iffiest in terms of qualifying for the ballot. Some 252,000 valid voter signatures are needed to qualify, and neither campaign is there yet. Backed by Republican business interests, the Michigan Cannabis Coalition said it had collected 200,000 signatures for its legalization initiative by the end of October before making a "strategic decision" to temporarily suspend petitioning. It has until the end of January to come up with more. Meanwhile, state activists have created the Michigan Comprehensive Cannabis Law Reform Committee (MI Legalize) and are signature gathering around their own legalization initiative. Last week, they said they were 90,000 signatures short -- although it that is just raw numbers, they will need substantially more to have a comfortable cushion -- and they have until the end of December to get them. Both campaigns have money in the bank and are paying signature-gatherers.

STILL IN A CONFUSED MUDDLE

Will California activists get their ReformCA initiative on the ballot? (reformca.com
California. California should have been an almost sure there next year, and probably still is, but it is getting late in the game, and the evident divisions among legalization proponents are starting to make for some worried wondering. There are no fewer than 18 legalization initiatives in play (some various versions of the same initiative), most of which have little to no chance of coming up with the 365,000 signatures needed to qualify. State activists organized as the California Coalition for Cannabis Policy Reform (ReformCA) thought they had the support of national reform organizations and associated pots of money for their initiative, but that hasn't turned out to be the case. Instead, groups such as the Marijuana Policy Project and the Drug Policy Alliance seem to be throwing their support to an initiative sponsored by tech billionaire Sean Parker. Neither the latest version of the ReformCA initiative nor the Sean Parker initiative has been cleared for signature gathering. Both initiatives now face a ticking clock. Campaigns have six months to get those necessary signatures, but the real hard deadline is June 30. Initiatives must have been cleared for the ballot by then in order to make the November ballot. The Parker initiative will likely have the financial support to do an expedited signature-gathering campaign; whether ReformCA will remains to be seen. While the state-level polling is good -- a June poll had support at a record 54% -- this late disarray doesn't bode well.

LEGISLATIVE STATES

Rhode Island. This year, the legislature took up a legalization bill only to see it held for further study by the Judiciary Committees in both chambers. Next year, it could actually move, and it would if the legislature listens to the voters. In an April poll, 57% said they would support a bill to tax and regulate marijuana.

Vermont. This is probably the best bet for the first state to legalize pot through the legislative process. The groundwork has been being laid for years, it has the support of key state political figures, including Gov. Peter Shumlin (D) and House Speaker Shap Smith (D), and legislative hearings on how -- not whether -- to legalize next year are already underway. The legislature failed to move legalization bills this year, but the stage is set for 2016.

Medical Marijuana Update

A petition calling on President Obama to fire the DEA head keeps getting more signatures, the Florida medical marijuana initiative is halfway home on signature gathering, a New Jersey school becomes the first in the country to allow medical marijuana on campus, and more. 

National

Last Friday, a petition to fire the DEA head for calling medical marijuana "a joke" had 16,000 signatures. People so inclined can add theirs here. Actually, the petition now has some 27,000 signatures, having gained 11,000 more since the linked story was published yesterday.

By Monday, the petition had more than 80,000 signatures. Uh, make that 83,044 signatures at latest count. DEA Administrator Chuck Rosenberg is still getting heat over his statement that medical marijuana is "a joke." It's just his latest comment suggesting the nation's top drug cop is not that well-informed in his subject area.

California

Last Tuesday, the Newport Beach city council gave first approval to a medical marijuana ban. The council voted unanimously to approve the first reading of the ordinance, which will ban the cultivation, processing, distribution, and even delivery of medical marijuana. The city is acting to avoid losing licensing and regulatory authority under the Medical Marijuana Regulation and Safety Act, which was signed into law last month. The law says that if localities fail to enact rules or bans by year's end, the state will have sole licensing and regulatory authority there.

Florida

Last Friday, the state Supreme Court canceled its medical marijuana initiative hearing. Backers of a 2016 medical marijuana initiative have just seen one obstacle removed from their path. After Attorney General Pam Bondi (R) announced she would ask the high court to block the initiative, the state Supreme Court has canceled a hearing on it set for December 8. The initiative from United for Care is already well-advanced in the signature gathering process. A similar initiative failed last year with 58% of the vote—60% was needed because it was a constitutional amendment.

As of Monday, the medical marijuana initiative had nearly half the necessary signatures. The initiative from United for Care has already gathered 342,582 valid voter signatures. That puts it half-way to the 683,179 valid voter signatures to place the initiative on the November 2016 ballot. Petitioners have until February to get the rest of the signatures.

Illinois

ByMonday, more than $200,000 worth of medical marijuana had been sold in the state's first week of sales. Only a handful of dispensaries are open in the state, but they took in $211,000 in sales after opening last Monday. The medi-weed was selling for around $450 an ounce, or $16 a gram.

Maryland

Large Number of Applicants Will Delay Maryland Program. Nearly 900 people have applied to grow or sell medical marijuana in the state, and that is going to delay the program's rollout, Hannah Byron, the executive director of the state's medical marijuana commission said Thursday. She said the commission will extend the application period and revise the timeline, which had originally anticipated the first stage of the application review would be done by January.

Missouri

As of last Friday, Kansas City hospitals were denying cannabis oil to epileptic patients. That's Kansas City, Missouri. The state passed a law last year allowing for such use, but no hospitals in the Kansas City area will allow their doctors to write a recommendation. The hospitals cite lack of standardized dosages for children and concerns about side-effects and interactions with other medications. Children's Mercy Hospital in Kansas City will start a study on cannabis oil for epileptic patients next year, but has no plans to widely recommend it. On the other side of the state, the Comprehensive Epilepsy Care Center in St. Louis does allow doctors to write recommendations.

New Jersey

Last Wednesday,a Garden State school became the first in the nation to permit medical marijuana on campus. The Larc School in Bellmawr Wednesday night adopted a policy allowing a teenage girl with autism and epilepsy to consume medical marijuana edibles while at school. The move comes just two days after Gov. Chris Christie (R) signed into law a bill requiring school districts to adopt such policies.

Chronicle AM: NJ Pot Legalization Hearing, Pittsburgh Ponders Decrimalization, More (11/17/15)

Pot legalization was on the agenda in New Jersey, and decriminalization was on the table in Pittsburgh yesterday, West Virginia lawmakers ponder a food stamp drug testing bill, and more. 

Marijuana Policy

New Jersey Senate Committee Holds Hearing on Legalization. Led by Sen. Nicholas Scutari (D), the Senate Judiciary Committee Monday heard from marijuana legalization advocates, leading Scutari to clash with Sen. Joh Kyrillos (R), who complained that anti-legalization voices were not heard. Earlier, Scutari had said that anti-legalization voices would be heard at a later hearing. Monday's panelists included policy advocates, doctors, and representatives from law enforcement.

Pittsburgh to Take Up Decriminalization Bill. A bill to decriminalize small-time pot possession in the city was to be introduced today. The ordinance, based on a similar one in Philadelphia last year, would make possession of less than 30 grams of marijuana or public pot smoking a civil violation with a $100 fine. The bill is being sponsored by Councilman Daniel Lavelle.

Medical Marijuana

Florida Medical Marijuana Initiative Has Nearly 350,000 Signatures. The initiative from United for Care has already gathered 342,582 valid voter signatures. That puts it half-way to the 683,179 valid voter signatures to place the initiative on the November 2016 ballot. Petitioners have until February to get the rest of the signatures.

Drug Testing

West Virginia Legislature Ponders Welfare Drug Testing. Lawmakers Monday discussed a draft bill to allow for drug testing of some food stamp recipients. The bill would limit drug testing to people for whom there is "reasonable suspicion" of drug use. That suspicion could be aroused by an initial drug screening, if the person has a drug conviction in the past five years, and if a newborn baby born to the food stamp recipient tests positive for drugs. The bill would also allow child welfare authorities to investigate people who failed or did not take a drug test. The bill will likely be formally introduced in January.

Chronicle AM: Canada Starts to Move on Legalizing Pot, Irish Cops Support Heroin Decriminalization, More (11/16/15)

Nick Scutari tries to get the marijuana legalization ball rolling in New Jersey, a petition calling for the DEA head to be fired is going strong, Democratic candidates talk drug and crime policy at the debate, Canada moves toward pot legalization, Irish cops support heroin decrim, and more. 

Ireland's drugs minister wants to decriminalize heroin, and the cops are on board with it. (wikimedia.org)
Marijuana Policy

New Jersey Legislative Hearing on Pot Legalization Today. Sen. Nicholas Scutari (D), who filed a marijuana legalization bill, S 1896, earlier this session, is holding a hearing on the topic today. Today's witnesses will include supporters of marijuana law reform; opponents will get a chance to opine at a later hearing. No vote is expected today. "A journey of a thousand steps starts with the first," said Scutari, who as chairman of the Senate Judiciary Committee, called the hearing. "The first step was introducing the bill and this is the natural next step — to talk about the benefits of legalization and the negative impact prohibition has had."

Medical Marijuana

Petition To Fire DEA Head Over Medical Marijuana "Joke" Comment Has 80,000 Signatures. Uh, make that 83,044 signatures as of mid-afternoon today. DEA Administrator Chuck Rosenberg is still getting heat over his statement that medical marijuana is "a joke." It's just his latest comment suggesting the nation's top drug cop is not that well-informed in his subject area.

Florida Supreme Court Cancels Medical Marijuana Initiative Hearing. Backers of a 2016 medical marijuana initiative have just seen one obstacle removed from their path. After Attorney General Pam Bondi (R) announced she would ask the high court to block the initiative, the state Supreme Court has canceled a hearing on it set for December 8. The initiative from United for Care is already well-advanced in the signature gathering process. A similar initiative failed last year with 58% of the vote—60% was needed because it was a constitutional amendment.

Illinois Sees More Than $200,000 in Medical Marijuana Sales in First Week. Only a handful of dispensaries are open in the state, but they took in $211,000 in sales after opening last Monday. The medi-weed was selling for around $450 an ounce, or $16 a gram.

Heroin and Prescription Opiates

EEOC Sues Employer Who Refused to Hire Methadone User. In its latest lawsuit against employers taking actions against prescription medication users, the Equal Employment Opportunity Commission is going after a company that allegedly refused to hire a woman who is prescribed methadone to deal with her heroin addiction. EEOC alleges that the company is violating the Americans With Disabilities Act because the woman is a recovering substance abuser, has a history of disability, and was "regarded" as disabled based on her methadone use. EEOC has also sued other employers over discrimination against methadone patients, as well as other prescription drug users.

Drug Policy

Democratic Candidates Talk Drug, Crime Policy in Last Saturday's Debate. Bernie Sanders reiterated his support for ending federal marijuana prohibition, while Martin O'Malley and Hillary Clinton joined Sanders in calling for criminal justice reforms and addressing racial inequalities in the criminal justice system. Click on the link for more details.

International

Canada's Prime Minister Begins the Process of Legalizing Marijuana. Freshly-elected Liberal Prime Minister Justin Trudeau has instructed Justice Minister Jody Wilson-Raybould to begin the process of legalizing and regulating marijuana. Trudeau told Wilson-Raybould he expected her to "deliver on your top priorities," which includes "Working with the Ministers of Public Safety and Emergency Preparedness and Health, create a federal-provincial-territorial process that will lead to the legalization and regulation of marijuana."

Mexico to Consider Cutting Jail Sentences, Raising Possession Limits for Marijuana. Jumpstarted by a Supreme Court decision earlier this month allowing four Mexicans to use marijuana, the forthcoming national debate on marijuana policy will consider easing jail sentences and raising limits for personal possession of pot, Deputy Interior Minister Roberto Campa said. The national consultation is set for January through March.

Irish Police Back Decriminalizing Heroin Possession. The Garda Representative Association, which represents some 11,000 Irish police officers, is backing the government drug minister's call to decriminalize heroin possession. "I think anything that can deal with the curse of drugs and some innovating thinking on this is to be welcomed," the GRA’s general secretary, PJ Stone, said, adding that the proposal would be seen as a brave move. "We don’t even have enough cells to lock up drug users who get arrested for possessing drugs," a GRA member from Dublin added.

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

Chronicle AM: Mid-Atlantic MedMJ Moves, Bolivia's President Chooses Official Coca Drink, More (11/13/15)

Applicants have overwhelmed Maryland medical marijuana regulators, a New Jersey school becomes the first in the country to allow medical marijuana on campus, Bolivia's president chooses an official beverage, and more.

This coca liqueur is now the official drink of the Bolivian presidential palace.
Medical Marijuana

Large Number of Applicants Will Delay Maryland Program. Nearly 900 people have applied to grow or sell medical marijuana in the state, and that is going to delay the program's rollout, Hannah Byron, the executive director of the state's medical marijuana commission said Thursday. She said the commission will extend the application period and revise the timeline, which had originally anticipated the first stage of the application review would be done by January.

New Jersey School Becomes First in Nation to Permit Medical Marijuana on Campus. The Larc School in Bellmawr Wednesday night adopted a policy allowing a teenage girl with autism and epilepsy to consume medical marijuana edibles while at school. The move comes just two days after Gov. Chris Christie (R) signed into law a bill requiring school districts to adopt such policies.

Drug Policy

Senate Drug Caucus to Hold Hearing on Border, Mexican Anti-Drug Assistance Next Week. The Senate Caucus on International Narcotics Control will hold a hearing to examine drug trafficking across the Southwest border on Tuesday. The hearing will focus on the increase in illicit narcotics crossing the Southwest Border, the cartels profiting from this activity, and the nature and effectiveness of U.S. counternarcotics assistance to Mexico in reducing this flow, combatting corruption, and strengthening the rule of law.  The following witnesses have confirmed that they will attend: Mr. Michael Botticelli, Director, Office of National Drug Control Policy (ONDCP); Ambassador William Brownfield, Assistant Secretary of State for International Narcotics and Law Enforcement Affairs (INL); Mr. Jack Riley, Acting Deputy Administrator, Drug Enforcement Administration (DEA); and Todd Owen, Assistant Commissioner Office of Field Operations, U.S. Customs and Border Protection (CBP)

International

 

. Former coca grower union leader President Evo Morales has announced that a coca leaf liquor, Cocablue, is the official drink of the presidential palace. Every bottle of Cocablue (111° proof) liqueur contains 69 grams of coca leaf extract that has been decocainized and is distilled five times. One vintage is released every year and each bottle is recorded, signed and numbered. The Mayan blue colorr is said to be a natural by-product of an artisanal handcrafting technique.

Chronicle AM: Petition to Fire DEA Head Gains Traction, Colombia OKs Medical Marijuana, More (11/12/15)

There are now more than 27,000 signatures on a petition asking President Obama to fire DEA head Chuck Rosenberg over his medical marijuana comments, Denver thinks a thousand pot shops is enough, Colombia will allow medical marijuana, and more. 

Coca and cocaine production is on the upswing in Colombia. (deamuseum.org)
Marijuana Policy

ResponsibleOhio Isn't Going Away. The group behind this month's defeated marijuana "monopoly" legalization initiative isn't going quietly into that long good night; instead, ResponsibleOhio is now trying to craft an initiative that can actually win. The group seems to understand that its plan to limit commercial grow opportunities and its bud-headed mascot, Buddie, were real turn-offs.

Denver Moves Toward a Moratorium on New Pot Shops. The city is proposing changes to its marijuana ordinances that would effectively halt new marijuana stores from opening for the next two years. The city currently has more than a thousand licensed operations, and that's enough, city officials said. "We have enough marijuana in Denver," said Ashley Kilroy, Denver's executive director of Marijuana Policy. "Basically, we’re saturated." The only exceptions would be some 85 medical marijuana businesses that were licensed in 2013.

Medical Marijuana

Petition to Fire DEA Head for Calling Medical Marijuana "A Joke" Now Has 16,000 Signatures. People so inclined can add theirs here. Actually, the petition now has some 27,000 signatures, having gained 11,000 more since the linked story was published yesterday.

Kansas City Hospitals Deny Cannabis Oil to Epileptic Patients. That's Kansas City, Missouri. The state passed a law last year allowing for such use, but no hospitals in the Kansas City area will allow their doctors to write a recommendation. The hospitals cite lack of standardized dosages for children and concerns about side-effects and interactions with other medications. Children's Mercy Hospital in Kansas City will start a study on cannabis oil for epileptic patients next year, but has no plans to widely recommend it. On the other side of the state, the Comprehensive Epilepsy Care Center in St. Louis does allow doctors to write recommendations.

Asset Forfeiture

Ohio Prosecutors Lobby Against Asset Forfeiture Reform. County prosecutors from across the state lined up Wednesday to testify against House Bill 347, which would eliminate asset forfeiture without a criminal conviction. They called the tactic "a vital tool" in going after drug traffickers during a hearing of the House Judiciary Committee. Click on the link for more flavor.

International

Colombia Will Allow Medical Marijuana. Colombian Justice Minister Yesid Reyes said today that the country plans to legalize the production and sale of medical marijuana. Legalization will only apply to medical and scientific uses of the plant, he clarified. Pot possession is already legalized under Colombian Supreme Court rulings, but this move will allow for commercial medical production.

Colombia Retakes Title of World's Largest Cocaine Producer. Colombia is back on top in the cocaine production sweepstakes, according to the UN Office on Drugs and Crime. The organization puts Colombian production last year at 175,000 acres, compared to 109,000 for Peru, and 31,000 for Bolivia. The UN estimates Colombian cocaine production will increase 52% this year, in part because of the end of aerial eradication and in part because peasants believe that a looming peace deal between the government and the FARC will see benefits for farmers who abandon their crops, so they are planting coca. 

The 2015 International Drug Reform Conference is Next Week in DC! [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here

The world's premier drug policy reform conference is set for next week in suburban Washington, DC. Hosted by the Drug Policy Alliance, the 2015 International Drug Policy Reform Conference will bring well over a thousand experts and advocates together beginning next Wednesday evening and going through next Saturday evening.

Drug Policy Alliance head Ethan Nadelmann provides a stemwinder keystone speech. (osi.org)
This biennial conference is the de rigueur event of drug policy reform, and DPA's co-hosts include the ACLU, the Harm Reduction Coalition, Institute of the Black World, the International Drug Policy Consortium, Law Enforcement Against Prohibition, Marijuana Policy Project, Multidisciplinary Association for Psychedelic Studies, National Organization for the Reform of Marijuana Laws, Open Society Foundations, Samuel DeWitt Proctor Conference, Students for Sensible Drug Policy, and more.

People will be attending from around the country and around the planet, and the conference will be covering international as well as domestic drug policy concerns.

This year's conference couldn't come at a more exciting and propitious time for drug policy reform: Marijuana legalization is on the march in the US and across the world, outrageous drug sentences in the US are starting to be undone, the UN General Assembly Special Session on Drugs is set for next year, the global prohibitionist consensus is crumbling, and a more enlightened future awaits -- if we can get there from here.

And that's what the conference is about: effecting change. Attendees will be hearing from experts not only in science, medicine, and law, but also from the activists and elected and appointed officials who have successfully made reform happen.

The conference will feature a live national town hall exploring the intersections between drug reform and the Black Lives Matter movement, documentary film screenings, tours of Washington, DC's drug war history, three dozen community-based sessions, and too many panels for any one human to attend in person. (thankfully, DPA will be recording all the sessions for future reference.)

Here's just a taste of what's in store:

Ensuring Inclusion, Repairing Damage: Diversity, Equity and the Marijuana Industry

  • This roundtable will focus on how the war on drugs has harmed multiple generations through criminalization and mass incarceration. As marijuana legalization efforts move forward, who will control the industry and what will be the barriers to entry? Most importantly, how can the "green rush" be a road to repair for the traditionally marginalized and underserved?

How could weed not be on the agenda?
Beyond Marijuana: The Impact of Marijuana Legalization on Broader Drug Policy Reforms

  • Despite marijuana's broad and growing social acceptance, marijuana law violations make up almost half of all drug arrests nationally. Because of this, marijuana legalization is often touted as the first step toward dismantling the war on drugs, but legalization advocates often distinguish the substance from other illicit drugs. With this in mind, how can marijuana legalization further the movement to decriminalize other drugs?

The Drug War and the Militarization/Bastardization of the Police

  • Even though some communities have always known police brutality, issues of impunity of action and corruption are now touching upon the mainstream like never before. Supported by lawmakers and the judiciary, the police have become militarized and bastardized. What has caused the condoning of an ever increasing violent police force and how has the politics and violence of the drug trade and the drug war directly assisted with this phenomenon?

MDMA and Other Psychedelics: What Does Legal Access Look Like?

  • We all agree that criminalization of all drugs needs to end, and marijuana legalization has provided one model for that. Public and political support for moving immediately to the same model for other drugs is low -- so in what other ways can we end criminalization and create legal access for MDMA and other psychedelic drugs? What would a medical model look like? Would a spiritual model using approved guides work for something like ayahuasca? What about licensing users or specific venues? And would any of these models show promise for drugs with addiction potential like cocaine, methamphetamine or heroin?

Reform For Those Who Sell Drugs: The Third Rail of Drug Policy Reform

  • This roundtable will broach the subject of advocating for drug sellers. As we look to minimize the use of the criminal justice system where drug policy is concerned, how do we distinguish the drug dependent subsistence dealer and the more common mid-level drug dealer who's not dependent? Does compassion and the public health approach extend to those who sell drugs?

The Future of Digital Spaces, Drug Sales and Drug Policy

  • Shutting down the Silk Road and sentencing Ross Ulbricht to life in prison not only failed to end global online drug transactions, but actually led to having more digital drug marketplaces today than ever before. Join leading experts to discuss the benefits and risks of this new model of drug sales and how they can be used to help end the war on drugs.

Supervised Injection Facilities

  • Supervised injection facilities (SIFs) have been a crucial part of harm reduction initiatives allowing people to consume illicit drugs in a supervised, often clinical space. However, questions remain concerning the advantages SIFs offer and their role in addressing the HIV epidemic among people who use drugs. This session will cover campaigns and strategies, both in the United States and internationally.

There will be sessions on psychedelics. (wikimedia.org)
Drugs and America's Pop Culture: America's Untold Story!

  • From Bob Dylan to Nina Simone, Paul Robeson and Harry Belafonte, successful American artists have traditionally played a leading role in addressing social and political issues of their time. Have political activism and America's pop culture parted ways? If the criminal justice system is today's civil rights issue, what will it take to engage a cadre of pop artists who fully embrace art as politics?

Criminalized, Marginalized and "Othered": Lessons and Strategies for Fighting the Drug War in Hard Places

  • This roundtable will focus on the diverse demographics among drug users. From pregnant women to individuals in LGBT circles and HIV-affected communities, what strategies are working and what can our movement learn about organizing with criminalized, marginalized and transient constituencies? How do we build a more robust movement that addresses the challenges and concerns of those least visible and most vulnerable to drug war policies?

What Does Drug Education and Prevention Look Like in the Age of Marijuana Legalization?

  • Despite successful marijuana legalization campaigns in Colorado, Washington, and the District of Columbia and California's potential legalization vote in 2016, the rhetoric of "Reefer Madness" type messages are being renewed even though recent studies show that teen marijuana use is falling as more states legalize it. This discussion will bring together drug education and prevention experts to highlight the current research findings and map out a path for effective drug education and prevention in the age of legalization.

United Nations: What's the Opportunity?

  • The UN General Assembly Special Session (UNGASS) on Drugs is less than a year away. This gathering presents an immense opportunity to build international momentum to end the war on drugs and highlight countries that have taken significant steps in implementing sensible drug laws. This roundtable will focus on the set of "outside game" strategies taking place and ways in which UNGASS can advance the drug policy movement's common agenda.

Are the Party Kids Any Safer Yet? EDM Festivals, the Music Industry and Harm Reduction

  • Festival event producers are in a tough spot: always trying to balance demands for "zero tolerance" drug-free events versus trying their best to prepare for attendees who will use drugs. How are festivals starting to integrate drug education and onsite harm reduction services to keep their attendees safe? What challenges and limitations still remain? Will a national effort to change federal RAVE Act legislation clear the path? What more could be done?

E-Cigs and the Future of Maintenance Therapies

  • Electronic cigarettes have been the center of considerable controversy between those who see them as a public health threat and those who see them as a valuable harm reduction tool. This roundtable will discuss e-cigs as an alternative source of nicotine for those who c annot or will not quite smoking traditional cigarettes and whether these devices could herald a new era of maintenance therapies or a new era of cracking down on them.

See you there!

South Dakota Law Can Get You Busted for Using Marijuana in Another State [FEATURE]

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

South Dakota's Flandreau Santee Sioux Tribe announced over the weekend that it was suspending operations on its marijuana resort set to open on New Year's Eve and that it had burnt its pot crop. The tribe said it was seeking "clarification" from the Justice Department to ensure "the continued success of the marijuana venture."

The move comes as at least three other Indian tribes that have embarked on marijuana operations after the Justice Department seemingly gave them a green light last year have been raided by the DEA, a Justice Department agency. At this point, Indian tribes have reason to be nervous about what the federal stance really is.

But the Flandreau pot operation also drew fast and intense opposition from the state's Republican political establishment and law enforcement figures. And that opposition has brought renewed attention to one of the most bizarre state marijuana laws in the land, South Dakota's "internal possession" law.

As Republican state Attorney General Marty Jackley warned -- twice -- when the tribe announced its plans in June, "South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian country; (2) all persons, including tribal members, outside of Indian Country."

The sheriff and prosecutor of Moody County, where the Flandreau reservation is located, reiterated Jackley's point.

"Bottom line," said Sheriff Troy Wellman, "if you're non-native, it's illegal for you to have marijuana in your system, regardless of whether you're on tribal ground."

"If you are a non-tribal member that goes over onto that property and ingests marijuana in any form, you are breaking the laws in the state of South Dakota," Moody County State's Attorney Paul Lewis added.

If you do this in Denver, it get could get you busted in Deadwood.
They're not kidding. Under a state law passed in 2001 and upheld by the state Supreme Court in 2004, you can be arrested, tried, and convicted for having marijuana in your system, even if you ingested it in another state or country (or Indian reservation).

Someone who legally smokes marijuana in Colorado and then drives across the prairie to South Dakota can be charged with the crime of having smoked marijuana elsewhere. It's the same for medical marijuana patients in states bordering South Dakota. Someone who holds a Minnesota or Montana medical marijuana card, uses his medicine, and then travels to South Dakota can be charged with the crime of having medicated where it is legal.

Here is the law:

22-42-15. Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.

A Class 1 misdemeanor in South Dakota is punishable by up to a year in jail and/or a $2,000 fine. That's the same penalty as for simple marijuana possession.

Note that the law specifically allows for prosecuting people for internal possession either where they ingested the substance or where it was detected.

It's not that the cops in South Dakota are randomly accosting passersby and demanding they submit to drug tests -- probable cause is needed -- but what typically happens is that someone is arrested and police then intimidate him into consenting to a urine drug test during booking. The person is then hit with another criminal charge -- internal possession -- providing more leverage for prosecutors during plea negotiations.

"The cops took me downtown and said if I didn't piss for them, they'd stick something in my dick and take it by force," Huron resident Dave Johnson said of his 2003 internal possession bust. "They were going to take it forcefully -- that's what they told me. So I said okay."

That's still how it works. People being booked into jails are told they need to provide a urine test, and if they demur, they are threatened with a court order and the prospect of forced drug testing. Of course, consenting to such drug tests makes it impossible for defense attorneys to challenge them in court, but agreeing to be tested means not only is the prospect of a forced drug test avoided, but also that the defendant will likely be booked and released instead of being held until he can appear before a judge for a warrant hearing.

Get popped for pot possession in South Dakota and count on getting popped for "internal possession," too. (wikimedia.org)
"I defend a lot of drug cases," said Huron attorney Ron Volesky, "and I've defended several of these urine sample cases, but I haven't yet seen an instance where we could challenge a court order because everyone has voluntarily consented. As a practical matter, when the police pick someone up they say, 'Look, we can do it the hard way or the easy way; you can voluntarily consent because we have probable cause, or we can wake up the judge, have him sign an order, and take you down and have you catheterized.' They basically threaten you," said Volesky.

While South Dakota residents are the most frequent victims of the state's internal possession law, it could happen to anyone, especially visitors unaware of the law. And they don't even have to get arrested for something to face a possible prosecution. Imagine you're a medical marijuana patient visiting Rapid City for a shopping trip and your car gets T-boned by a drunk driver who runs a red light. Hospitals routinely test the blood of accident victims. Congratulations, you've just become a criminal.

South Dakota, where you can get busted for something you did legally elsewhere. Probably not a slogan the state tourism board is going to select anytime soon.

SD
United States

This Week's Corrupt Cops Stories

This week, we have a crooked jail and prison guard trifecta and a Border Patrol agent caught up with the Gulf Cartel. Let's get to it:

In Camden, New Jersey, a Camden County jail guard was arrested last Wednesday on charges he used a law enforcement secure database to unlawfully get information about a drug investigation. Jamall Danford, 39, is charged with second degree official misconduct and was jailed on $75,000 bail.

In Hebronville, Texas, a Border Patrol agent was arrested last Thursday on drug possession charges that have now morphed into murder charges. Agent Joel Luna was arrested after a raid on a relative's house turned up drugs, guns, and $90,000 in cash. Investigators say he took bribes from the Gulf Cartel to wave through vehicles carrying drugs. He now also faces capital murder and organized crime charges after being linked to the mutilation murder of Jose Francisco Palacios Paz, whose decapitated body was found floating in Laguna Madre Bay in March.

In Live Oak, Florida, a state prison guard was arrested last Thursday on charges she smuggled drugs into the Suwannee Correctional Institution. Guard Alice Edwards faces felony counts of introducing contraband into a state correctional institution and unlawful compensation by a public official.

In Ashville, Alabama, a state prison guard was arrested Tuesday for allegedly trying to bring drugs into the St. Clair Correctional Facility. Guard Stacy Bernard Brown is charged with promoting prison contraband, possession of marijuana, and possession of a controlled substance. He was arrested at work and taken from the prison to the St. Clair County Jail.

Medical Marijuana Update

The Senate approves a bill to ease medical marijuana access for vets, medical marijuana sales begin in Illinois, New Jersey's governor signs a medical marijuana school access bill, and more.

National

On Tuesday, the Senate approved a bill allowing veterans access to medical marijuana. The Senate Tuesday passed the FY2016 Military Construction and Veterans Affairs Appropriations Bill, which includes language that will allow vets to access medical marijuana in states where it is legal. The Veterans Administration had barred VA doctors from issuing medical marijuana recommendations to vets, but this bill will block the VA from spending money to punish vets who use medical marijuana and allow VA doctors to recommend it where it is legal. The language was first approved as an amendment in May; that amendment must now be approved by the House.

Also on Tuesday, calls to fire the DEA head for calling medical marijuana "a joke" grew louder. Led by Tom Angell at Marijuana Majority, medical marijuana supporters are calling on President Obama to fire DEA Administrator Chuck Rosenberg in the wake of his recent comments calling medical marijuana "a joke." "My mom is a legal patient in Rhode Island, and she uses medical marijuana to deal with the severe pain she experiences from multiple sclerosis," said Angell. "Medical cannabis is no joke to my family or the millions of other American families who have seen its real benefits." Angell has organized a Change.org petition that anyone can sign.

California

On Tuesday, the Newport Beach city council approved a ban on medical marijuana activities in the city. The unanimous vote was on a first reading of the ordinance, which would ban cultivation, as well as dispensaries and delivery services.

Illinois

On Monday, medical marijuana retail sales began in the state. The state's first dispensaries opened for business today after state regulators last week gave the go-ahead to producers to start shipping product to them. Up to eight dispensaries were expected to be open today, including several in the Chicago area. But some patients were turned away because their customer registrations with individual dispensaries had not yet been processed.

Minnesota

On Tuesday, pain patients called for access to medical marijuana. Pain patients pleaded with Health Commissioner Ed Ehlinger to override a panel of health experts who rejected allowing medical marijuana for chronic pain and allow them to use it. For more than three hours, the commissioner heard from a cavalcade of people who said they wake in pain, spend their days in pain, and spend sleepless nights because of pain. "All of this has been very helpful. It's not going to be an easy task weighing the data, weighing the input, weighing the pros and cons, weighing the risks and benefits," he said. "But that's the job I signed up for. I take it very seriously, both as a physician, as health commissioner and as a person who lives in this state." He has until the end of December to make a decision.

Michigan

Last Thursday, fired medical marijuana patients learned they can get unemployment benefits. The state Supreme Court has refused to hear an appeal from the Unemployment Insurance Agency in a case involving people who won unemployment benefits after being fired for medical marijuana use. That means that people who are registered patients who got fired after failing drug tests for marijuana will continue to be eligible for unemployment benefits.

New Hampshire

Last Wednesday, a lung cancer patient sued to get a medical marijuana card. Linda Horan, who suffers from late stage lung cancer, has filed a lawsuit against the state health commissioner in a bid to get a medical marijuana card before dispensaries open next year. The state passed a medical marijuana law two years ago, but won't issue patient ID cards until dispensaries are authorized to start selling medical marijuana next year. Horan wants her card issued now so she can obtain medical marijuana in Maine, which will serve patients from other states.

New Jersey

On Monday, the governor signed a medical marijuana school access billl. Gov. Chris Christie (R), a GOP presidential contender, signed into law Assembly Bill 4587, which requires schools providing services for the developmentally disabled to adopt policies that allow for the administration of medical marijuana to qualified patients.

New York

On Tuesday, medical marijuana patients demanded the governor sign an emergency access bill. Patients, families, and advocates rallied outside Governor Andrew Cuomo's (D) Manhattan office to urge him to sign a bill that would expedite access to medical marijuana for critically ill patients. In June, with overwhelming bipartisan support, both houses of the legislature passed A.7060 (Gottfried) / S.5086 (Griffo), directing the state to establish a program to help critically ill patients obtain emergency access to medical marijuana as soon as possible. The bill was delivered to Governor on October 30th. He has until tomorrow to sign or veto the bill; if he does neither, it will become law.

On Wednesday, Cuomo signed the bill.

South Dakota

On Monday, medical marijuana petitioners handed in signatures. Petitioners with New Approach South Dakota turned in some 16,000 raw signatures Monday, the deadline for initiatives hoping to qualify for the 2016 general election. They need 13,871 valid signatures to qualify, so there is very little room for invalidated signatures if the effort is to make it.

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

Chronicle AM: DC MJ Arrests Plummet, Senate Passes Veterans MedMj, More (11/11/15)

Decriminalization spreads in South Florida, DC pot arrests hit historic lows, the Senate passes a spending bill that should ease vets' access to medical marijuana, there are calls for the DEA chief's head after he said medical marijuana was "a joke," and more.

Pot arrests are now almost nonexistent in the nation's capital. (wikimedia.org)
Marijuana Policy

Florida's Broward County Adopts Decriminalization Ordinance. County commissioners Tuesday approved an ordinance allowing police to issue $150 citations to people caught with 20 grams or less of marijuana. Violators would also have to complete an assessment/treatment program. The move puts the county, Florida's second most populous, in line with similar moves in Miami-Dade County and Key West.

DC Marijuana Arrests Plummet After Decriminalization, Legalization. Pot arrests are at historic lows in the nation's capital after city officials decriminalized and voters then legalized marijuana possession. Possession arrests peaked at 2,346 in 2011 before declining to 895 in 2014 (only seven of them after the city's decriminalization ordinance took effect in July 2014), and only seven so far for all of this year.

Medical Marijuana

US Senate Approves Bill Allowing Veterans Access to Medical Marijuana. The Senate Tuesday passed the FY2016 Military Construction and Veterans Affairs Appropriations Bill, which includes language that will allow vets to access medical marijuana in states where it is legal. The Veterans Administration had barred VA doctors from issuing medical marijuana recommendations to vets, but this bill will block the VA from spending money to punish vets who use medical marijuana and allow VA doctors to recommend it where it is legal. The language was first approved as an amendment in May; that amendment must now be approved by the House.

Calls for DEA Chief's Head After He Said Medical Marijuana Was "A Joke." Led by Tom Angell at Marijuana Majority, medical marijuana supporters are calling on President Obama to fire DEA Administrator Chuck Rosenberg in the wake of his recent comments calling medical marijuana "a joke." "My mom is a legal patient in Rhode Island, and she uses medical marijuana to deal with the severe pain she experiences from multiple sclerosis," said Angell. "Medical cannabis is no joke to my family or the millions of other American families who have seen its real benefits." Angell has organized a Change.org petition that anyone can sign.

Minnesota Pain Patients Call for Access to Medical Marijuana. Pain patients pleaded Tuesday with Health Commissioner Ed Ehlinger to override a panel of health experts who rejected allowing medical marijuana for chronic pain and allow them to use it. For more than three hours, the commissioner heard from a cavalcade of people who said they wake in pain, spend their days in pain, and spend sleepless nights because of pain. "All of this has been very helpful. It's not going to be an easy task weighing the data, weighing the input, weighing the pros and cons, weighing the risks and benefits," he said. "But that's the job I signed up for. I take it very seriously, both as a physician, as health commissioner and as a person who lives in this state." He has until the end of December to make a decision.

International

Mexican Senator Files Bill to Allow Import of Marijuana Medicines. Sen. Cristina Diaz Salazar (PRI) has filed a bill that would allow patients import marijuana and cannabis derivatives for medical purposes. She said the bill would codify a recent court ruling that granted an 8-year-old girl's parents permission to import cannabis oil to treat her epilepsy.

Chronicle AM: AZ & MA Legalization Inits Progress, SD MedMj Init Turns in Signatures, More (11/10/15)

Initiatives aimed at next year are advancing, New Jersey's governor signs a medical marijuana access bill, Mexico's marijuana debate is about to heat up, and more.

Marijuana Policy

Arizona Legalization Initiative Has 100,000 Signatures. The Marijuana Policy Project-backed Campaign to Legalize Marijuana Like Alcohol in Arizona said Monday it had collected 100,000 signatures for its legalization initiative. The campaign needs 150,000 valid voter signatures by July to qualify for the November ballot; it says it is aiming for 230,000 raw signatures.

ReformCA Releases Revised Legalization Initiative. The California Coalition for Cannabis Policy Reform (ReformCA) has filed its revised initiative. The group says the revisions protect small and medium businesses, are stronger on environmental protection, remove the "snitch clause," and include a means for people with non-violent drug offenses to work in the industry. The ReformCA initiative is one of at least ten seeking to legalize weed in California next year. Click on the link to see the revised initiative.

Another California Legalization Initiative is Cleared for Circulation. Secretary of State Alex Padilla Monday cleared the California Cannabis Legalization Act of 2016 for signature gathering. The proponent is Arcata-based Sam Clauder III, CEO of the California Cannabis Unity Campaign 2016. The campaign has 180 days to gather 365,000 valid voter signatures to qualify for the November ballot.

Massachusetts Legalization Initiative Has 100,000 Signatures. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol said Monday it had gathered more than 100,000 signatures for its legalization initiative. The campaign only needs 64,750 valid voter signatures to qualify for the November ballot. Signatures must be turned in by the end of this month. Another reform group, Bay State Repeal, is also gathering signatures for a competing legalization initiative.

Medical Marijuana

New Jersey Governor Signs Medical Marijuana School Access Bill. Gov. Chris Christie (R), a GOP presidential contender, Monday signed into law Assembly Bill 4587, which requires schools providing services for the developmentally disabled to adopt policies that allow for the administration of medical marijuana to qualified patients.

New York Medical Marijuana Patients Demand Governor Sign Emergency Access Bill. Patients, families, and advocates rallied outside Governor Andrew Cuomo's (D) Manhattan office to urge him to sign a bill that would expedite access to medical marijuana for critically ill patients. In June, with overwhelming bipartisan support, both houses of the legislature passed A.7060 (Gottfried) / S.5086 (Griffo), directing the state to establish a program to help critically ill patients obtain emergency access to medical marijuana as soon as possible. The bill was delivered to Governor on October 30th. He has until tomorrow to sign or veto the bill; if he does neither, it will become law.

South Dakota Medical Marijuana Petitioners Hand in Signatures. Petitioners with New Approach South Dakota turned in some 16,000 raw signatures Monday, the deadline for initiatives hoping to qualify for the 2016 general election. They need 13,871 valid signatures to qualify, so there is very little room for invalidated signatures if the effort is to make it to the ballot.

Sentencing

Ohio Supreme Court to Take Up Cocaine Sentencing Weights. The state's high court is to decide whether prosecutors must test seized cocaine for purity and use the results to determine cocaine weight for sentencing purposes. Under current law, a pound of 40% pure cocaine is considered a pound of cocaine; if the high court upholds an appellate court decision, that same batch of cocaine would be only 6.4 ounces. "Ninety-nine grams of sugar mixed with one gram of cocaine is not 100 grams of cocaine," said Andrew Mayle, who represented defendant Rafael Gonzales during his trial and is now representing him on the appeal. "The more cocaine, the higher the penalty. It's not the more sugar or baking soda the higher the penalty."

International

New Canada Poll Has Support for Marijuana Legalization at 59%. A new Forum Research poll has support for legalization at 59%, up six points from a similar poll in August. The election of pro-legalization Liberal Justin Trudeau as prime minister helped, the pollster said. "Now that marijuana legalization is a likelihood rather than a vague promise, Canadians are considering the issue more closely than in the past," Forum president Lorne Bozinoff said in a press release. "They are just as much in favor of legalization as they were before the election, if not more, but they want to see it strictly licensed and controlled, not grown in basements and sold in corner stores."

Mexico President Promises Marijuana Legalization Debate. In the wake of last week's Supreme Court decision affirming the human right of Mexicans to use marijuana, President Enrique Pena Nieto has promised a major national debate on the topic. He also said that he personally opposed legalization, but that he could be persuaded to change his mind.

Mexico Poll Finds Two-Thirds Oppose Marijuana Legalization. A poll from El Universal finds that two-thirds (66%) of Mexican oppose marijuana legalization, with 60% also opposing last week's Supreme Court ruling saying marijuana use is a human right. But 63% supported President Pena Nieto's call for a national debate on the topic.

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

Chronicle AM: Dem Candidates on MJ Policy, IL MedMJ Sales Begin, Ecstasy Q&A, More (11/9/15)

Democratic presidential contenders stake out positions on marijuana, a South Dakota Indian tribe suspends its pot operations, Illinois medical marijuana sales began today, Maine's Tea Party governor threatens to call out the National Guard to fight heroin, and more.

ecstasy tablets, courtesy of a German police Dark Web bust
Marijuana Policy

Hillary Clinton Calls for Rescheduling Marijuana. In a campaign speech in South Carolina Saturday, the Democratic presidential contender called for marijuana to be moved from Schedule I to Schedule II, which would allow for federally-sponsored research on its effects. "What I do want is for us to support research into medical marijuana because a lot more states have passed medical marijuana than have legalized marijuana," she said in Orangeburg, "so we have got two different experiences or even experiments going on right now."

Bernie Sanders Criticizes Clinton's Half-Step on Marijuana. The Vermont independent senator and Democratic presidential contender responded to Clinton's call for rescheduling, noting that he has filed a bill to end federal marijuana prohibition: "I am glad to see Secretary Clinton is beginning to address an issue that my legislation addressed," he said, "but her approach ignored the major issue. Secretary Clinton would classify marijuana in the same category as cocaine and continue to make marijuana a federally regulated substance. If we are serious about criminal justice reform and preventing many thousands of lives from being impacted because of criminal convictions for marijuana possession, we must remove marijuana from the federal Controlled Substances Act and allow states the right to go forward, if they choose, to legalize marijuana without federal legal impediments," Sanders added.

South Dakota Tribe Cuts Down Plants, Suspends Marijuana Resort Plans. The Flandreau Santee Sioux Tribe said Saturday it has cut down its marijuana plants and is temporarily suspending its plan to open a pot resort. A lawyer for the tribe said leaders seek clarification from the federal government. The tribe is also running into harsh opposition from state elected and law enforcement officials, who are threatening to arrest people leaving the reservation under the state's unique "internal possession" marijuana law, which allows people to be convicted of having marijuana metabolites in their bodies.

New Jersey Senate to Hold Hearing on Legalization Next Week. Senate Judiciary Chairman Nicholas Scutari (D) today announced that he will hold a hearing of the committee next week on the issue of legalizing marijuana in New Jersey. The committee will hear from invited guests, including health professionals, law enforcement, clergy, civil rights organizations and policy experts. "There is no question that we need to update our archaic drug laws in this country and the majority of people support regulating, taxing and legalizing marijuana," said Senator Scutari. "This is a fact-finding hearing that we hope will help to continue to inform the committee and the Legislature as we take up this very important issue. This is a first step in the process of finally reversing our punitive marijuana laws that have caused harm to our residents and our communities." The hearing is set for next Monday at 1:00pm at the state house.

Medical Marijuana

Illinois Medical Marijuana Sales Begin Today. The state's first dispensaries opened for business today after state regulators last week gave the go-ahead to producers to start shipping product to them. Up to eight dispensaries were expected to be open today, including several in the Chicago area. But some patients were turned away because their customer registrations with individual dispensaries had not yet been processed.

Heroin and Prescription Opiates

Maine Governor Threatens to Call in National Guard to Fight Heroin. In his ongoing feud with the legislature over his demand for more anti-drug agents, Gov. Paul LePage (R) has now threatened to deploy the National Guard to fight heroin in the state. LePage said there is a "dire need" for a tougher response, and "You either work with me and give me some agents, or I will call the Guard up." Legislators last session approved funding for six additional drug agents, two judges and two drugs prosecutors, but that isn't enough for LePage.

New Psychoactive Substances

Bill to Further Criminalize New Psychoactive Substances Heads for House Floor. A bill that attempts to criminalize a whole list of new psychoactive substances has passed out of committee and now awaits a House floor vote. The measure is HR 3537, sponsored by Rep. Charles Dent (R-PA).

Harm Reduction

DPA and EMA Provide Q&A on MDMA. The Drug Policy Alliance and the Electronic Music Alliance have teamed up to provide a brief, harm reduction-related Q&A on ecstasy. "In order to minimize risk and focus on harm reduction, EMA and DPA suggest providing education to drug users, creating safe environments that include cool down spaces, and access to water. Lastly, they suggest testing your drugs so you know what you are ingesting." There's more at the link.

International

Georgia High Court Rules That Imprisonment for Marijuana Is Unconstitutional. Late last month, Georgia's Constitutional Court declared that imprisoning people for possessing marijuana for personal use is cruel and inhuman punishment. The ruling came in the case of a man arrested for possession of 70 grams (less than three ounces), and the court noted that the law makes no distinction between possession for personal use and possession for sale. The court suggested that the legislature address the issue.

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

Chronicle AM: State Dept OK With Legalization Elsewhere, IL MedMj Sales Monday, More (11/06/15)

It's all marijuana-related news today, with medical marijuana sales starting Monday in Illinois, the State Department saying it can live with pot legalization in other countries, the Houston DA implementing a marijuana diversion program, and more.

medical marijuana -- coming next week to Illinois (wikimedia.org)
Marijuana Policy

Bernie Sanders' Measure to End Federal Marijuana Prohibition Has Bill Number Now. The Ending Federal Marijuana Prohibition Act, which the Democratic presidential contender filed Wednesday, now has a Senate bill number. It is S. 2237.

Wyoming Legislators Want to Make Possession of a Pound of Edibles a Felony. The Joint Judiciary Committee will sponsor a bill that would make possession of more than a pound of marijuana edibles a felony. The bill originally aimed to make possession of three ounces a felony (as is the law with marijuana), but lawmakers were persuaded to up the limit to a pound. The bill comes after at least two judges have thrown out cases of edibles possession because they read state law as only addressing felony pot possession in plant form.

Houston DA Offers Diversion Instead of Arrest for Small-Time Marijuana Offenders. Harris County District Attorney Devon Anderson said Thursday that as of January 1, people caught with less than two ounces of marijuana will be offered a diversion program instead of being arrested and jailed. The program could include classes or community service. In the past year, police have been arresting and booking people, then offering them diversion, but now, they will forego the arrest and booking steps.

Medical Marijuana

Illinois Medical Marijuana Sales to Start Monday. Eight dispensaries have been licensed and will be able to sell medical marijuana to registered patients beginning Monday, state medical marijuana program director Joseph Wright said Friday. Some 3,000 Illinoisans have already registered for the program.

New Hampshire Lung Cancer Patient Sues to Get Medical Marijuana Card. Linda Horan, who suffers from late stage lung cancer, has filed a lawsuit against the state health commissioner in a bid to get a medical marijuana card before dispensaries open next year. The state passed a medical marijuana law two years ago, but won't issue patient ID cards until dispensaries are authorized to start selling medical marijuana next year. Horan wants her card issued now so she can obtain medical marijuana in Maine, which will serve patients from other states.

Michigan Medical Marijuana Patients Who Have Been Fired Can Get Unemployment. The state Supreme Court has refused to hear an appeal from the Unemployment Insurance Agency in a case involving people who won unemployment benefits after being fired for medical marijuana use. That means that people who are registered patients who got fired after failing drug tests for marijuana will continue to be eligible for unemployment benefits.

International

US State Department Says Other Countries Can Legalize Marijuana If They Want To. My, how times have changed! Responding to a press question about moves toward marijuana legalization in Canada and Mexico, a State Department spokesman said Thursday they were free to do so. "It's up to the people of each nation to decide policies," spokesman John Kirby said. "And in this case, it's up to the people of Mexico to decide which drug policies are most appropriate for their country within the framework of international law." Kirby added that the US is "firmly committed to the three UN drug conventions," but added that "the conventions allow for a degree of flexibility on how member-states implement their obligations, particularly with respect to drug use, and the conventions anticipate variations in national legal frameworks." The openness to marijuana reform is a marked contrast to the US's historical opposition to such moves, but is consistent with the policy enunciated last year by the head of the department's Bureau of International Narcotics and Law Enforcement Affairs, William Brownfield.

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

Chronicle AM: Sanders End MJ Prohibition Bill, MX Supreme Court Protects MJ Use & Growing, More (11/5/15)

Bernie Sanders makes Senate history with the first bill in that chamber to end federal marijuana prohibition, the DEA head badmouths medical marijuana, the Mexican Supreme Court issues a historic ruling on the human right to use and grow marijuana, and more.

Marijuana Policy

Bernie Sanders Files Bill to End Federal Marijuana Prohibition. Vermont independent senator and Democratic presidential contender Bernie Sanders Wednesday filed legislation in the Senate that would end federal marijuana prohibition by removing -- not rescheduling -- marijuana from the list of federally controlled substances. It is the first bill ever introduced in the Senate to end the federal war on marijuana. The bill, the Ending Federal Prohibition Act of 2015, has not yet been assigned a bill number, but the text is available here. Click on the title link to read our feature story.

Nebraska's Omaha Tribe Voices Support for Legal Marijuana Operations. Members of the Omaha tribe voting in a referendum Tuesday supported moving toward legal marijuana operations on the reservation. Some 78% said they supported medical marijuana, 67% said they supported industrial hemp, and 59% said they supported recreational use. The Omaha tribal council will now vote on all three questions, using the referendum as guidance.

Medical Marijuana

DEA Head Calls Medical Marijuana "A Joke." DEA Administrator Chuck Rosenberg Wednesday rejected smoking marijuana as a medicine. It's "a joke," he said. "What really bothers me is the notion that marijuana is also medicinal -- because it's not," Rosenberg said in a briefing to reporters. "We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don't call it medicine -- that is a joke."

Asset Forfeiture

Wyoming Legislative Committee Waters Down Reform Effort. The Joint Judiciary Committee Wednesday rejected a bill that would have ended civil asset forfeiture in favor of another bill that would require a judge to decide within 30 days whether a seizure was appropriate and to hold a hearing within 120 days. Earlier this year, the legislature passed a bill ending civil asset forfeiture, only to see it vetoed by Gov. Matt Mead (R).

Drug Testing

Wisconsin to Start Drug Testing Welfare Recipients Monday. Drug testing for some welfare recipients begins next week after Gov. Scott Walker (R) signed off on a rule from the Department of Children and Families requiring able-bodied adults to be screened for drug use before seeking benefits. "Employers across the state frequently tell me they have good-paying jobs available in high-demand fields, but need their workers to be drug-free," Walker said in a statement. "These important entitlement reforms will help more people find family-supporting jobs, moving them from government dependence to true independence."

International

Mexican Supreme Court Rules People Have the Right to Grow and Use Marijuana. In a decision that could open the door to pot legalization south of the border, the Mexican Supreme Court ruled Wednesday that individuals have the right to use and grow the plant. The decision does not undo Mexico's marijuana laws, but does open the door for a wave of legal actions that could end in their being rewritten.

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

Bernie Sanders Files Bill to End Federal Marijuana Prohibition [FEATURE]

Vermont independent senator and Democratic presidential contender Bernie Sanders Wednesday filed legislation in the Senate that would end federal marijuana prohibition by removing -- not rescheduling -- marijuana from the list of federally controlled substances. It is the first bill ever introduced in the Senate to end the federal war on marijuana.

Bernie Sanders (wikipedia.org)
The bill, the Ending Federal Marijuana Prohibition Act of 2015, has not yet been assigned a bill number, but the text is available here.

A similar bill was introduced in the House by Reps. Barney Frank (D-MA) and Ron Paul (R-TX) in 2011, but it never went anywhere.

Two years later, Rep. Jared Polis (D-CO) provided a model for the Sanders bill with a bill he proposed in 2013, and reintroduced this year as the Regulate Marijuana Like Alcohol Act (HR 1013), although there are slight differences. The Polis bill would shift authority over marijuana from the DEA to the Bureau of Alcohol, Tobacco and Firearms, while the Sanders bill would not, and the Polis bill would amend federal alcohol laws to include provisions for shipping marijuana, while the Sanders bill would not.

"Just as alcohol prohibition failed in the 1920s, it's clear marijuana prohibition is failing today," Polis said in a statement. "For decades, the federal ban on marijuana has wasted tax dollars, impeded our criminal justice system, lined the pockets of drug cartels, and trampled on states’ ability to set their own public health laws. Today's introduction of the Ending Federal Marijuana Prohibition Act in the Senate is a huge step forward in the movement to enact the commonsense drug laws needed to grow our economy and restore fairness to our justice system."

Sanders filed the bill one week after he first proposed reclassifying marijuana during a campaign speech at George Mason University.

"In the United States we have 2.2 million people in jail today, more than any other country. And we're spending about $80 billion a year to lock people up. We need major changes in our criminal justice system -- including changes in drug laws," Sanders said. "Too many Americans have seen their lives destroyed because they have criminal records as a result of marijuana use. That's wrong. That has got to change."

No other presidential contender, Democratic or Republican, has staked out a position as advanced on marijuana legalization as Sanders, although Congress is proving increasingly receptive to marijuana reform measures.

Several spending amendments aimed at blocking federal pursuit of state-legal marijuana operations have already passed the House and the Senate Appropriations Committee this year, and Senate Republicans have included spending amendments in their recent "minibus" spending package, including measures to bar the DEA from interfering with state medical marijuana laws, bar the Treasury Department from stopping banks from providing services to marijuana business, and to require the Veterans Administration to allow vets to use medical marijuana.

Also, earlier this year, Sens. Corey Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) introduced the CARERS Act (S. 683), which would legalize the medicinal use of marijuana.

The increasing acceptance of marijuana reforms in Congress comes as the American public also increasingly accepts the idea. Public opinion polls now consistently show majority support for pot legalization, including a Gallup poll last month that had 58% for legalization.

Marijuana reformers are liking what they are hearing from the Sanders camp.

"The science is clear that marijuana is less harmful than alcohol, and that should be reflected in our nation's marijuana policy," said Mason Tvert, communications director for the Marijuana Policy Project. "Sen. Sanders is simply proposing that we treat marijuana similarly to how we treat alcohol at the federal level, leaving most of the details to the states. It is a commonsense proposal that is long overdue in the Senate."

"Clearly Bernie Sanders has looked at the polls showing voter support for marijuana legalization," said Michael Collins, deputy director of national affairs for the Drug Policy Action, the political arm of the Drug Policy Alliance. "Marijuana reform was already moving forward in Congress but we expect this bill to give reform efforts a big boost."

Will Congress act to end federal pot prohibition? (wikimedia.org)
"This is the first time a bill to end federal marijuana prohibition has been introduced in the US Senate," said Tom Angell, chairman of Marijuana Majority. "A growing majority of Americans want states to be able to enact their own marijuana laws without harassment from the DEA, and lawmakers should listen. The introduction of this bill proves that the defeat of the Ohio marijuana monopoly measure that wasn't widely supported in our movement isn’t doing anything to slow down our national momentum."

"Many legislators and citizens are still hesitant to move forward with marijuana legalization initiatives in their home states because of the federal ban, which may contradict state law, making both laws difficult to follow or enforce, and making banking transactions all but impossible." said Maj. Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a criminal justice group working to legalize marijuana.

Four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have already legalized marijuana, with another handful expected to do so next year. And 23 states already have medical marijuana laws.

"As more states legalize marijuana for medical or non-medical use the pressure to change federal law will continue to grow," Bill Piper, director of national affairs at Drug Policy Action said. "There is a clear bipartisan majority in Congress for letting states set their own marijuana policies."

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

This Week's Corrupt Cops Stories

Another week, another sticky-fingered cop, another cop protecting dealers, and another jailer smuggling dope. Let's get to it:

In Johnstown, Pennsylvania, a former drug task force investigator was arrested last Tuesday on charges he tipped off a subject of interest in a heroin investigation about a looming investigation. Justin Arcurio had been fired in July after prosecutors learned he'd told a heroin trafficker that an investigation was forthcoming, and he is now charged with hindering apprehension or prosecution. He's out on $10,000 bond pending a December court date.

In Covington, Georgia, a Covington police officer was arrested last Wednesday on charges he stole a motorcycle that had been seized in a 2011 drug bust. Alex Laudermilk, who has now been fired, went down after an anonymous tipster reported that he was in possession of the bike, which had been seized by the DeKalb County Police Department. Laudermilk was working for that agency at the time the bike was seized.

In Lafayette, Louisiana, a Lafayette sheriff's deputy was arrested last Thursday after investigators found he was smuggling drugs into the jail. Deputy Tyler Bonnet is charged with malfeasance in office, distribution of Schedule I narcotics, and taking contraband to or from a prison. At last report, he was in jail at his place of employment, trying to make a $25,000 bond.

Medical Marijuana Update

More Indian tribes move toward okaying medical marijuana, a North Dakota initiative petition gets its language okayed, and more.

California

Last Wednesday, Los Angeles decided to stop giving tax permits to unlicensed dispensaries. The city council voted to stop giving tax certificates for new medical marijuana dispensaries. In 2013, the city approved Measure D, which banned most dispensaries, but that hasn't stopped them from opening. The city had been issuing tax certificates to them, but the council agreed that it was "insincere" to collect taxes from shops the city was working to shut down. Click on the link for much more detail.

On Tuesday, the Huntington Beach city council voted to keep its ban on dispensaries. The move came as the council denied appeals by four dispensaries challenging the city's eight-year-old ban on the operations. The dispensaries had operated without business permits, and the city had recently obtained temporary injunctions to shut them down.

Nevada

Last Thursday, a Nevada tribe decided to join the medical marijuana industry. The Fort McDermitt Paiute and Shoshone Tribe is planning to open a medical marijuana grow facility for economic development reasons. "Jobs to bring our people out of poverty, to create the jobs that we can better our community," said tribal president Tildon Smart. "And the profits would be used for helping out with programs." The tribe said it plans to start growing next spring.

New York

On Tuesday, the Seneca Nation approved a medical marijuana measure. Tribal members approved a measure clearing the way for the creation of a legal and regulatory framework for medical marijuana operations on the reservation. The vote was 448-364. "A decision on our Nation's path of action on medical cannabis is far from made, but now, having heard from the Seneca people, our discussions and due diligence can begin in earnest," said tribal President Maurice John. "The first step from here is establishing thoughtful regulation for how the Seneca Nation could potentially move forward."

North Dakota

On Monday, medical marijuana initiative petition language was approved. The second time was the charm. Secretary of State Al Jaeger Monday approved petition language for a medical marijuana initiative. He had initially rejected the proposal because of language flaws. The measure would create a system of state-licensed dispensaries and would allow patients to possess up to three ounces. Patients more than 40 miles from a dispensary could grow their own.

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

Chronicle AM: OH Marijuana Init Shot Down, DEA Releases National Drug Threat Assessment, More (11/4/15)

Ohio's "monopoly" legalization iniitiative got trounced, two Michigan towns vote to legalize it, the Seneca Nation marches toward medical marijuana, the DEA releases its annual threat assessment, and more.

Voters told ResponsibleOhio to take a hike.
Marijuana Policy

Colorado Voters Approve Spending Marijuana Taxes. Voters overwhelmingly approved a ballot measure that gives legislators permission to spend $66.1 million in pot tax revenues. This marks the third time in four years Colorado voters have approved spending marijuana taxes, and the 69% victory came as little surprise.

Georgia Poll Has Voters Evenly Split on Legalization. A new 11Alive/Survey USA poll has Georgia split down the middle on marijuana legalization, with 45% for and 46% against. A group called "Let Us Vote Georgia" says it will try to put the issue on the ballot for next year's election.

Ohio "Monopoly" Initiative Goes Down in Flames. The ResponsibleOhio legalization initiative was roundly defeated Tuesday, garnering only 35% of the vote. In addition to opposition from the usual suspects, the measure also aroused the ire of many Ohio legalization activists because of its provisions limiting commercial marijuana grows to only ten cultivation sites, all of them owned by the the campaign's funders.

Two Michigan Towns Vote to Legalize It. Voters in the towns of Keego Harbor in Oakland County and Portage in Kalamazoo County approved local ordinances allowing the "usage, possession, and transfer" of up to an ounce of marijuana by people 21 and over. The Keego Harbor measure passed with 55% of the vote; no totals are yet available for Portage.

Medical Marijuana

Seneca Nation Approves Medical Marijuana Measure. Tribal members approved a measure clearing the way for the creation of a legal and regulatory framework for medical marijuana operations on the reservation. The vote was 448-364. "A decision on our Nation's path of action on medical cannabis is far from made, but now, having heard from the Seneca people, our discussions and due diligence can begin in earnest," said tribal President Maurice John. "The first step from here is establishing thoughtful regulation for how the Seneca Nation could potentially move forward."

North Dakota Medical Marijuana Initiative Language Approved. The second time was the charm. Secretary of State Al Jaeger Monday approved petition language for a medical marijuana initiative. He had initially rejected the proposal because of language flaws. The measure would create a system of state-licensed dispensaries and would allow patients to possess up to three ounces. Patients more than 40 miles from a dispensary could grow their own.

Law Enforcement

DEA Releases 2015 National Drug Threat Assessment. The assessment emphasized the toll from prescription drug and heroin overdoses and identified Mexican drug trafficking organization as "the biggest criminal threat to the United States," but also warned of that "affiliated and violent gangs are increasingly a threat to the safety and security of our communities." Access the report by clicking on the title link.

International

Palestinian Authority Approves Tough New Drug Laws. President Mahmoud Abbas today signed into law legislation that creates tough new penalties, including up to life in prison, for drug dealing and manufacturing. It also creates a new anti-drug bureaucracy, a special action office for drug abuse prevention. Palestinian officials blame the Israelis for the West Bank drug problem.

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