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California's Six Largest Cash Crops: Marijuana is a Monster [FEATURE]

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

California's agricultural bounty is fabled, from the endless olive and almond groves of the Central Valley to the world-class grapes of the Napa Valley to the winter vegetables of the Imperial Valley to the garlic fields of Gilroy, and beyond. But the biggest item in California's agricultural cornucopia is cannabis.

According to report last week from the Orange County Register, California's marijuana crop is not only the most valuable agricultural product in the nation's number one agricultural producer state, it totally blows away the competition.

Using cash farm receipt data from the state Department of Food and Agriculture for ag crops and its own estimate of in-state pot production (see discussion below), the Register pegs the value of California's marijuana crop at more than the top five leading agricultural commodities combined.

Here's how it breaks down, in billions of dollars:

  1. Marijuana -- $23.3
  2. Milk -- $6.28
  3. Almonds -- $5.33
  4. Grapes -- $4.95
  5. Cattle, calves -- $3.39
  6. Lettuce -- $2.25

That estimate of $23.3 billion for the pot crop is humongous, and it's nearly three times what the industry investors the Arcview Group estimated the size of the state's legal market would be in the near post-legalization era. So, how did the Register come up with it, and what could explain it?

The newspaper extrapolated from seizures of pot plants, which have averaged more than two million a year in the state for the past five years, and, citing the UN Office on Drugs and Crime, used the common heuristic that seizures account for only 10% to 20% of drugs produced. That led it to an estimate of 13.2 million plants grown in the state in 2015 (with 2.6 million destroyed), based on the high-end 20% figure.

It then assumed that each plant would produce one pound of pot at a market price of $1,765 a pound. Outdoor plans can produce much more than a pound, but indoor plants may only produce a few ounces, so the one-pound average figure is safely conservative.

The $1,765 per pound farm gate price is probably optimistic, though, especially for outdoor grown marijuana, which fetches a lower price than indoor, and especially for large producers moving multi-dozen or hundred pound loads.

They grow pot plants by the millions in the Golden State. (Twitter)
And maybe law enforcement in California is damned good at sniffing out pot crops and seizes a higher proportion of the crop than the rule of thumb would suggest. Still, even if the cops seized 40% of the crop and farmers only got $1,000 a pound, the crop would still be valued at $8 billion and still be at the top of the farm revenue heap.

And it would still exceed the estimate of what the state's legal marijuana market would look like -- in 2020. Arcview estimated revenues of $6.5 billion by then under legalization. For 2015, the year the Register is looking at, Arcview pegged the state's legal (medical) market at $2.8 billion.

Even making conservative assumptions about the value of the pot crop, it's clear that California pot producers are growing billions of dollars' worth of marijuana that is not accounted for by the state's legal market. Where does it all go? Ask any of those state troopers perched like vultures along the interstate highways heading back east.

That's a phenomenon that's not going to stop when California's legal marijuana market goes into full effect. It's not going to stop until people in states like Illinois and Florida and New York can grow their own. In the meantime, California pot growers are willing to take the risk if it brings the green.

This Week's Corrupt Cops Stories

A newly elected West Virginia sheriff has a meth problem, a Kentucky drug detective develops a case of sticky fingers, and more. Let's get to it:

In Spencer, West Virginia, the newly elected Roane County sheriff was arrested Tuesday on charges he stole methamphetamine from the evidence room of his previous employer, the Spencer Police Department. Sheriff Bo Williams faces removal from office after being charged with grand larceny. He had been placed on leave and resigned from the Spencer Police in December after investigators found evidence bags in his car and home. Williams has admitted to the theft and said he had been strung out for more than a year.

In Louisville, Kentucky, a former Louisville Metro Police detective pleaded guilty December 22 to stealing cash from UPS packages he was inspecting as part of the Narcotics Airport Interdiction Team. Kyle Willet, 48, "would identify UPS packages that possibly contained cash. He would then take the packages to his vehicle and open them. On a number of occasions, he then stole the contents of (the) packages." Federal prosecutors said he got away with nearly $75,000 in cash. Willet's attorney said that he was sorry, "but I think it's important for everyone to know that's whose money it was. It's cartel drug dealer money." Willet copped to one count of theft from interstate commerce and is looking at up to 10 years in federal prison when sentenced in April.

In Philadelphia, a former Bucks County jail guard was sentenced last Wednesday to between six and 23 months in prison for trying to smuggle suboxone into the Bucks County Correctional Facility in return for a $500 bribe. John Christopher Dingle, 36, copped to one count of possession with intent to deliver a controlled substance. Dingle said he was trying to help a prisoner who had helped him maintain order, but the prisoner's girlfriend was secretly working with the cops, and he was arrested after accepting suboxone strips as part of the plan.

2016: People Still Killed in US Drug War at the Rate of One a Week [FEATURE]

With 2016 now behind us, it's time for some year-end accounting, and when it comes to fatalities related to drug law enforcement, that accounting means tallying up the bodies. The good news is that drug war deaths are down slightly from last year; the bad news is that people are still being killed at the rate of about once a week, as has been the norm in recent years. There were 49 people killed in the drug war last year.

This is the sixth year that Drug War Chronicle has tallied drug war deaths. There were 54 in 2011, 63 in 2012, 41 in 2013, 39 in 2014, and 56 in 2015, That's an average of just a hair under one a week during the past six years.

The Chronicle's tally only include deaths directly related to US domestic drug law enforcement operations -- full-fledged, door-busting, pre-dawn SWAT raids, to traffic stops turned drug busts, to police buy-bust operations. Some of the deaths are by misadventure, not gunshot, including several people who died after ingesting drugs in a bid to avoid getting busted and two law enforcement officers who separately dropped dead while.

Many of those killed either brandished a weapon or actually shot at police officers, demonstrating once again that attempting to enforce drug prohibition in a society rife with weapons is a recipe for trouble. Some of those were homeowners wielding weapons against middle-of-the-night intruders who they may or may not have known were police.

But numerous others were killed in their vehicles by police who claimed suspects were trying to run them down and feared for their lives when they opened fire. Could those people have been merely trying to flee from the cops? Or were they really ready to kill police to go to avoid going to jail on a drug charge?

Which is not to understate the dangers to police enforcing the drug laws. The drug war took the lives of four police officers last year, one in a shootout with a suspect, one in an undercover drug buy gone bad, one while doing a drug interdiction training exercise at a bus station, and one while engaged in a nighttime drug raid over a single syringe. That's about par for the course; over the six years the Chronicle has been keeping count about one cop gets killed for every 10 dead civilians.

Here are December's drug war deaths:

On December 7, in Dallas, Texas, Keelan Charles Murray, 37, shot and killed himself as local police operating as part of a DEA drug task force attempted to arrest him for receiving a package of synthetic opioids. Police said they were clearing the apartment when they heard a gunshot from upstairs. A Duncanville police officer then shot Murray in the shoulder, and Murray then turned his own gun on himself. Murray was locally notorious for having sold heroin to former Dallas Cowboy football player Matt Tuinei, who overdosed on it and died in 199. Dallas Police are investigating.

On December 11, in White Hall, West Virginia, Marion County police attempting to serve a drug arrest warrant shot and killed Randy Lee Cumberledge, 39, in the parking lot of the local Walmart. Police said they spotted Cumberledge's vehicle, but when they approached and ordered him to show his hands, he put his vehicle into gear and "drove aggressively" toward a deputy. Both the deputy and a White Hall police officer opened fire, killing Cumberland. There was no mention of any firearms recovered. The West Virginia State Police are investigating.

On December 12, in Byron, Georgia, member of a Peach County Drug Task Force SWAT team shot and killed Rainer Smith, 31, when he allegedly opened fire on them with a shotgun as they forced their way into his home to arrest him. Smith wounded two Byron police officers before return fire from police killed him. Police said no one answered the door when they arrived, so they forced their way in, and were immediately met by gunfire. Smith's live-in girlfriend and infant daughter were in the home with him. They were uninjured. The Georgia Bureau of Investigation is investigating.

On December 21, in Knox, Indiana, Knox Police shot and killed William Newman, 46, as they attempted to arrest him for possession of methamphetamine, failure to appear for dealing meth, and violating parole. Police said Knox attempted to flee, almost running down an officer, and they opened fire. He died in a local hospital hours later. The Indiana State Police are investigating.

Chronicle AM: MA MJ Shop Delay Protested, Prison Population Still Dropping, More... (12/30/16)

Massachusetts marijuana shops get delayed by six months, Nevada personal legalization goes into effect next week, the national prison population continues a slow decline, and more.

Hemp is on the move in America. (Vote Hemp)
Marijuana Policy

Amid Protests, MA Governor Signs Law Pushing Back Legalization Implementation. Gov. Charlie Baker (R) Friday signed into law a bill delaying the opening of retail marijuana shops for six months, from January 2018 to July 2018. He did so as demonstrators gathered at the capitol to protest the measure, which was hot-rodded through the legislature by a mere handful of solons on Wednesday. The delay "not only flies in the face of the will of the voters who voted for the January 2018 deadline, it shows contempt for the legislature itself, having been passed, not after three readings to the full House and Senate, but in the course of less than an hour by just two senators and five representatives," said the Massachusetts Cannabis Reform Coalition, which organized the protest.

Nevada Legalization Goes Into Effect Next Week. Voters approved the Question 2 marijuana legalization initiative in November and will begin to enjoy the fruits of their victory on January 1, when the new law goes into effect. It will allow people 21 and over to possess up to an ounce of weed or an eighth-ounce of cannabis concentrates. But retail sales won't go into effect until the state sets up a regulatory structure. The state has until January 2018 to get it done.

Industrial Hemp

Vote Hemp Issues Year-End Report: Four More Hemp States. The industry lobbying and educational group points to hemp victories in Alabama, Florida, Pennsylvania, and Rhode Island this year, as well as hemp-related bills passing in some other states that have already approved industrial hemp production. In all, hemp bills were introduced in 29 states in 2016.

Sentencing

Nation's Prison Population Now at 13-Year Low. Driven largely by a drop in the federal prison population, the country's overall prison and jail population dropped 2% in 2015, pushing it down to levels not seen in more than a decade, the Bureau of Justice Statistics reported Thursday. The decline continues a downward trend that began in 2009. A 7% decline in federal prisoners accounting for 40% of the overall decrease, but states including California and Texas also saw significant prisoner population reductions.

Activist and Author Tony Papa Wins a Pardon. The Drug Policy Alliance's Tony Papa was granted a pardon by New York Gov. Andrew Cuomo Friday. Papa served 12 years of a 15-to-life sentence for drug trafficking before he was granted clemencyby then Gov. George Pataki (R) in 1997. Since then, he has authored two books, pursued a career as an artist, and been a devoted drug reform activist.

International

Poll: British Columbia Voters Ready to Legalize Hard Drugs to Fight Opioid Crisis. A new survey of provincial attitudes toward drugs and addiction finds that nearly two-thirds of residents are open to considering hard drug legalization in the context of the province's ongoing opioid crisis. Some 63% said they were either completely willing to consider legalization or open to considering it with more information, while only 20% flat-out rejected it. Another 17% said they were not willing now, but might change their minds with new information.

The Top Ten Domestic Drug Policy Stories of 2016 [FEATURE]

As 2016 comes to a tumultuous end, we look back on the year in drugs and drug policy. It's definitely a mixed bag, with some major victories for drug reform, especially marijuana legalization, but also some major challenges, especially around heroin and prescription opioids, and the threat of things taking a turn for the worse next year. Here are the ten biggest domestic drug policy stories of the year. (Check back for a top ten international drug policy stories soon.)

1. Marijuana Legalization Wins Big

Legalization initiatives won in California, Maine, Massachusetts, and Nevada, losing only in Arizona. These weren't the first states to do so -- Colorado and Washington led the way in 2012, with Alaska, Oregon, and Washington, DC, following in 2014 -- but in one fell swoop, states with a combined population of nearly 50 million people just freed the weed. Add in the earlier states, and we're now talking about around 67 million people, or more than one-fifth of the national population.

The question is where does marijuana win next? We won't see state legalization initiatives until 2018, (and conventional wisdom may suggest waiting for the higher-turnout 2020 presidential election year), and most of the low-hanging fruit in terms of initiative states has been harvested, but activists in Michigan came this close to qualifying for the ballot this year and are raring to go again. In the meantime, there are the state legislatures. When AlterNet looked into the crystal ball a few weeks ago, the best bets looked like Connecticut, Maryland, New Mexico, Rhode Island, and Vermont.

2. Medical Marijuana Wins Big

Medical marijuana is even more popular than legal marijuana, and it went four-for-four at the ballot box in November, adding Arkansas, Florida, Montana, North Dakota to the list of full-blown medical marijuana states. That makes 28 states -- more than half the country -- that allow for medical marijuana, along with another dozen or so red states that have passed limited CBD-only medical marijuana laws as a sop to public opinion.

It's worth noting that Montana is a special case. Voters there approved medical marijuana in 2004, only to see a Republican-dominated state legislature gut the program in 2011. The initiative approved by voters this year reinstates that program, and shuttered dispensaries are now set to reopen.

The increasing acceptance of medical marijuana is going to make it that much harder for the DEA or the Trump administration to balk at reclassifying marijuana away from Schedule I, which is supposedly reserved for dangerous substances with no medical uses. It may also, along with the growing number of legal pot states, provide the necessary impetus to changing federal banking laws to allow pot businesses to behave like normal businesses.

Drug reformers are nervous about the future. (Gage Skidmore/Creative Commons)
3. The Republicans Take Control in Washington

The Trump victory and Republican control of both houses of Congress has profound drug policy implications, for everything from legal marijuana to funding for needle exchange programs to sentencing policy to the border and foreign policy and beyond. Early Trump cabinet picks, such as Alabama Sen. Jeff Sessions (R) to lead the Justice Department, are ominous for progressive drug reform, but as with many other policy spheres, what Trump will actually do is a big unknown. It's probably safe to say that any harm reduction programs requiring federal funding or approval are in danger, that any further sentencing reforms are going to be in for a tough slog, and that any federal spending for mental health and substance abuse treatment will face an uphill battle. But the cops will probably get more money.

The really big question mark is around marijuana policy. Trump has signaled he's okay with letting the states experiment, but Sen. Sessions is one of the most retrograde of drug warriors in Washington. Time will tell, but in the meantime, the marijuana industry is on tenterhooks and respect for the will of voters in pot legal states and even medical marijuana states is an open question.

4. The Opioid Epidemic Continues

Just as this year comes to an end, the CDC announced that opioid overdose deaths last year had topped 33,000, and with 12,000 heroin overdoses, junk had overtaken gunplay as a cause of death. There's little sign that things have gotten any better this year.

The crisis has provoked numerous responses, at both the state and the federal levels, some good, but some not. Just this month, Congress approved a billion dollars in opioid treatment and prevention programs, and the overdose epidemic has prompted the loosening of access to the opioid overdose reversal drug naloxone and prodded ongoing efforts to embrace more harm reduction approaches, such as supervised injection sites.

On the other hand, prosecutors in states across the country have taken to charging the people who sell opioids (prescription or otherwise) to people who overdose and die with murder, more intrusive and privacy-invading prescription monitoring programs have been established, and the tightening of the screws on opioid prescriptions is leaving some chronic pain sufferers in the lurch and leading others to seek out opioids on the black market.

5. Obama Commutes More Than a Thousand Drug War Sentences

In a bid to undo some of the most egregious excesses of the drug war, President Obama has now cut the sentences of and freed more than a thousand people sentenced under the harsh laws of the 1980s, particularly the racially-biased crack cocaine laws, who have already served more time than they would have if sentenced under current laws passed during the Obama administration. He has commuted more sentences in a single year than any president in history, and he has commuted more sentences than the last 11 presidents combined.

The commutations come under a program announced by then-Attorney General Eric Holder, who encouraged drug war prisoners to apply for them. The bad news is that the clock is likely to run out before Obama has a chance to deal with thousands of pending applications backlogged in the Office of the Pardons Attorney. The good news is that he still has six weeks to issue more commutations and free more drug war prisoners.

6. The DEA Gets a Wake-Up Call When It Tries to Ban Kratom

Derived from a Southeast Asian tree, kratom has become popular as an unregulated alternative to opioids for relaxation and pain relief, not to mention withdrawing from opioids. It has very low overdose potential compared to other opioids and has become a go-to drug for hundreds of thousands or perhaps millions of people.

Perturbed by its rising popularity, the DEA moved in late summer to use its emergency scheduling powers to ban kratom, but was hit with an unprecedented buzz saw of opposition from kratom users, scientists, researchers, and even Republican senators like Orrin Hatch (R-UT), who authored and encouraged his colleagues to sign a letter to the DEA asking the agency to postpone its planned scheduling.

The DEA backed off -- but didn't back down -- in October, announcing that it was shelving its ban plan for now and instead opening a period of public comment. That period ended on December 1, but before it did, the agency was inundated with submissions from people opposing the ban. Now, the DEA will factor in that input, as well as formal input from the Food and Drug Administration before making its decision.

The battle around kratom isn't over, and the DEA could still ban it in the end, but the whole episode demonstrates how much the ground has shifted under the agency. DEA doesn't just get its way anymore.

7. Federal Funds for Needle Exchanges Flow Again

It actually happened late in 2015, but the impact was felt this year. In December 2015, Congress approved an omnibus budget bill that removed the ban on federal funding of needle exchanges. The ban had been in place for 20 years, except for a two-year stretch between 2009 and 2011, when Democrats controlled the House.

Federal funding for needle exchanges is another drug policy response that could be endangered by Republican control of both the Congress and the presidency.

Vancouver's safe injection site. Is one coming to a city near you? (vch.ca)
8. The Slow Turn Towards Safe Injection Sites Accelerates

When will the US join the ranks of nations that embrace the harm reduction tactic of supervised drug consumption sites? Maybe sooner than you think. Moves are underway in at least three major US cities to get such facilities open, a need made all the more urgent by the nation's ongoing opioid crisis, as the Drug Policy Alliance noted in a December report calling for a number of interventions, including safe injection sites, to address it.

In New York City, the city council has approved a $100,000 study into the feasibility of safe injection sites, while in San Francisco, city public health officials have endorsed a call for them there and have even suggested they need as many as a half dozen. But San Francisco Mayor Ed Lee opposes them, so battle lines are being drawn.

The best bet may be Seattle, where city and surrounding King County officials are on board with a plan to open safe injection sites to fight heroin and prescription opioid abuse. That plan, conceived by the Heroin and Prescription Opiate Addiction Task Force, was released in September.

9. Asset Forfeiture Reform Advances

Nearly 20 years after Congress passed limited federal civil asset forfeiture reform, the practice is now under sustained assault in the states. More than a half-dozen states had passed civil asset forfeiture reforms before the year began, and this year the following states came on board (although some of the new laws did not end, but only modified or restricted civil asset forfeiture): California, Florida, Mississippi, Nebraska, Ohio, Oklahoma, Tennessee, and Wyoming.

And next year looks to be more of the same. Bills have already been filed in Missouri and Texas, and renewed efforts are likely in New Hampshire and Wisconsin, where they were thwarted this year.

10. The DEA is Busting Fewer People

The Transactional Records Access Clearinghouse (TRAC) reported in December that convictions for drug cases referred by the DEA continued a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

This Week's Corrupt Cops Stories

A Maryland police drug lab director gets caught with her hand in the cookie jar, a Texas border town cop gets nailed for ripping off cocaine, and more. Let's get to it:

In Millersville, Maryland, the head of the Anne Arundel County Police drug lab was arrested last Wednesday for allegedly stealing prescription opioids and other drugs from drug drop-off boxes. Annette Box, 48, went down after she got into a traffic accident and investigators found pills in her car that were not prescribed to her. She had 29 Atropine tablets, 31 Diazepam tablets, 29 Tramadol pills, 50 hydromorphone pills, one Alprazolam pill, and one hydrocodone pill. She faces one count of possession of a controlled substance for each kind of pill.

In Columbus, Indiana, the former Columbus Police narcotics division supervisor was sentenced last Wednesday after he pleaded guilty to stealing drugs from the department. Jeremy Coomes, 39, admitted taking drugs from the evidence room, but he won't have to do any jail time if he keeps his nose clean. He was sentenced to nine years, but will serve the first year under house arrest and the next five years on probation.

In McAllen, Texas, a former Mission police officer was sentenced last Wednesday to 25 years in prison for stealing cocaine and then arranging a fake bust to cover up the theft. Hector Mendez, 46, a former DEA task force member, was convicted of stealing nearly 15 kilograms of cocaine from a Mission home, diluting the cocaine, and then letting some of the cut dope be seized during a fake drug bust. He was convicted of conspiracy to possess with intent to distribute and possession with intent to distribute cocaine.

Chronicle AM: CO Caregiver Plant Limit to Drop Big-Time Next Week, Aussie Poll Has Pro-Pot Plurality, More... (12/27/16)

Colorado caregivers will have to dramatically trim their gardens beginning January 1, Kansas medical marijuana mom Shona Banda has a federal lawsuit thrown out, Australian public opinion is shifting in favor of marijuana legalization, and more.

Kansas medical marijuana mom Shona Banda's federal lawsuit got tossed.
Medical Marijuana

Colorado Caregiver Plant Limits Shrink Dramatically As of Next Week. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Federal Judge Throws Out Kansas Medical Marijuana Mom's Lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Heroin and Prescription Opioids

Top Maine Republican Wants Single Committee to Handle Opioid Crisis. Assistant House Minority Leader Ellie Espling (R-New Gloucester) is calling for a single committee to handle bills addressing the state's opioid problem. Drug policy current is handled by three main committees -- Health and Human Services, Judiciary, and Criminal Justice and Public Safety -- but Espling said she doesn't want solutions placed in "silos." But neither the Democratic House leadership nor the Republican Senate leadership has signed on to her idea.

International

Poll: More Australians Now Favor Pot Legalization Than Don't. According to data from the Australian National University, 43% of Australians polled support marijuana legalization, with 32% opposed, and the rest undecided. Support is up nine points since 2013, when only 34% favored legalization and 44% were opposed.

Chronicle AM: OR Dispensaries Patient Only, Only Pure Cocaine Weight for OH Sentences, More... (12/26/16)

A new study finds that traffic fatalities decline in medical marijuana states, the Ohio Supreme Court rules that only the weight of pure cocaine -- not filler -- can be used in sentencing determinations, the Republic of Georgia walks away from jailing pot smokers, and more.

Starting next week, Oregon pot buyers will need a patient card if they want to buy at dispensaries. (Creative Commons/Wikimedia)
Medical Marijuana

Study: States With Medical Marijuana Laws See Decline in Traffic Deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Oregon Dispensaries Go Back to Selling Only to Patients Next Week. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Sentencing

Ohio Supreme Court Rules Cocaine Sentences Must Be Based on Weight of Cocaine, Not Filler. In a decision that could reopen the sentencing of people who were sent to state prison for possessing more than a hundred grams of cocaine, the state Supreme Court has ruled that sentences must be based on the amount of pure cocaine suspects had, not the entire amount of suspected drugs. "The state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold," Justice Judith Ann Lanzinger wrote for the 4-3 majority. The decision was based on the legislature's 1995 and 2011 rewriting of the state's drug laws, which defined cocaine as a drug by itself without adding any "mixture."

International

Georgia Constitutional Court Strikes Down Jail for Marijuana Possession. The Constitutional Court ruled last Thursday that possession and consumption of marijuana is no longer a jailable offense. "The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, storage and product on, are unconstitutional," it said in a statement. The ruling came in response to a lawsuit filed by the Public Defender's Office, which called imprisoning people for pot "irrelevant, too strict, and degrading." Marijuana possession was not a criminal offense in Georgia until 2006, when then President Mikheil Saakashvili launched an anti-drug campaign. Last year, the Constitutional Court struck down a law that imposed a prison sentence of up to 12 years for possession.

Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Chronicle AM: DEA Brass Move to Pharma, Indonesia Top Narc Wants to Kill Users, More... (12/22/16)

Top DEA officials have left the agency for positions with opioid-producing pharmaceutical companies, Pennsylvania's roll-out of medical marijuana starts rolling, Oregon's largest city will allow pot delivery services, and more.

Dozens of DEA officials have put down the badge to pick up big bucks from Big Pharma.
Marijuana Policy

New Hampshire Legislators Will Try Again to Legalize It Next Year. After years of frustration, state Senate Minority Leader Jeff Woodburn (D-Dalton) says next year is the best chance yet for legalization. Woodburn says he is drafting a two-part bill, with the first part essentially legalizing possession, cultivation, and sales by removing all criminal penalties and the second part setting up a study committee to put together a regulatory system for an adult use market by 2019 or 2020. A new governor, John Sununu, Jr., may ease the way. Unlike his Democratic predecessor, Maggie Hassan, Sununu has shown an openness to considering reforms.

Portland, Oregon, Okays Delivery Services. The city council voted Wednesday to approve "marijuana couriers" and other marijuana-related "micro-businesses" as a means of removing financial barriers for would-be entrepreneurs. Portland is the only city in the state to have approved pot delivery services.

Medical Marijuana

Arizona Prosecutor Will Appeal Ruling Telling Him Not to Obstruct Medical Marijuana Businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said Wednesday he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Pennsylvania Will Issue 27 Dispensary Permits in First Phase of Program Roll-Out. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

Heroin and Prescription Opioids

Dozens of Top DEA Officials Leave to Go to Work for Opioid Pharmaceutical Companies. It's the revolving door at work: Dozens of DEA officials have been hired by pharmaceutical companies that manufacture or distribute opioid pain medications, most of them directly from the DEA's diversion division, which is responsible for regulating the industry. The hires come in the midst of a DEA crackdown to curb rising opioid use. "The number of employees recruited from that division points to a deliberate strategy by the pharmaceutical industry to hire people who are the biggest headaches for them," said John Carnevale, former director of planning for the White House's Office of National Drug Control Policy, who now runs a consulting firm. "These people understand how DEA operates, the culture around diversion and DEA;s goals, and they can advise their clients how to stay within the guidelines."

Drug Testing

Wisconsin Governor Doesn't Want to Drug Test Students, Just Poor People. Gov. Scott Walker (R) said that while he wants to fight opioid use, he doesn't think drug testing high school students is a high priority. "There are plenty of ideas that have come up, but this isn't one of them," he said in reference to a bill filed by Rep. Joel Kleefisch (R-Oconomowoc). He is down with forcing people on food stamps to undergo drug tests, though.

International

Indonesia Anti-Drug Chief Says Drug Dealers and Users Should Be Shot. Taking a page from Philippines President Rodrigo Duterte, Budi Waseso, head of the National Narcotics Agency, has called for the killing of drug dealers and users. "Don't hesitate to shoot drug traffickers, drug dealers and drug users. Anyone involved in drug trafficking should be punished harshly, including traitors in the BNN [National Narcotics Agency] body. "Drug dealers have been all out in their efforts to market drugs. We have to be all out as well to fight them," said Budi, adding that the agency is already cooperating with the military to tackle drug-related crimes. "For the military, I think the word war can already be interpreted. Let's together clear these drugs for the sake of future generations," added Budi.

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