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

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

Marijuana Policy        

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

Drug Testing

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

Sentencing Policy

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

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

Law Enforcement

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

California Voters OK Drug Defelonization, Reject Doctor Drug Testing

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

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

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

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

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

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

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

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

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

CA
United States

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

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

Marijuana Policy        

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

Medical Marijuana

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

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

Drug Testing

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

Sentencing Policy

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

International

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

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

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

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

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

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

Drug Policy

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

Law Enforcement

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

International

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

International

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

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

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

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

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

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

Medical Marijuana

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

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

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

Harm Reduction

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

Heroin

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

Law Enforcement

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

Sentencing

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

International

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

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

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

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

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

Marijuana Policy

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

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

Medical Marijuana

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

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

Drug Testing

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

International

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

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

Chronicle AM: UT Defelonization Proposed, TX Pot Bills Coming, Afghan Opium Fiasco, More (10/22/14)

Texas will see marijuana reform legislation next year, "Brownie Mary" Democratic Clubs come to California's East Bay, Utah will consider drug defelonization, Afghan poppy fiasco, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

Marijuana Policy Project Takes Aim at Texas. The Marijuana Policy Project is working with legislators in Austin to craft a trio of marijuana reform bills to be pre-filed next month. One would decriminalize pot possession, one would allow medical marijuana, and one would be a tax and regulate legalization bill. Click on the title for more details.

California "Brownie Mary" Democratic Clubs Spread to East Bay. Pro-marijuana legalization Democrats have organized the first "Brownie Mary" Democratic Club in the East Bay area. "Brownie Mary" Rathbun was a pioneering medical marijuana activist in San Francisco in the days before Prop 215, and the clubs are a means to articulate a marijuana reform agenda in Democratic Party circles. Now, Alameda County has one. There are others in Los Angeles, Riverside, Sacramento, San Bernardino, and San Francisco counties.

Sentencing

Utah Could Defelonize Drug Possession, Make Other Sentencing Reforms. The Utah Commission on Criminal and Juvenile Justice Wednesday unveiled a sweeping series of proposed criminal justice reforms, including reducing simple drug possession from a felony to a misdemeanor. Other proposals would make drug sales the lowest degree felony and rework "drug free zone" statutes to focus on crimes where children are present. The proposals are expected to go before the legislature in January.

Law Enforcement

A Tale of Two Texas SWAT Drug Raids Where Officers Were Killed. Mother Jones magazine examines the results in two recent Texas SWAT drug raids that left police officers dead. In one case, the shooter was a white marijuana grower. In the other, the shooter was a black man who had a glass pipe. Guess which one got charged with murder and which one didn't. A good, provocative read; check it out at the link.

International

US Spent $7.6 Billion to Fight Afghan Opium Poppy Cultivation, But It's Now at An All-Time High. The US special inspector general for Afghanistan reconstruction has called into question US drug policy there after finding that, despite the US spending $7.6 billion to fight the opium trade since it invaded in 2001, the amount of land dedicated to poppy cultivation is at an all-time high of 523,000 acres. "In past years, surges in opium poppy cultivation have been met by a coordinated response from the US government and coalition partners, which has led to a temporary decline in levels of opium production," John Sopko said in a letter to Secretary of State John Kerry, Defense Secretary Chuck Hagel, and other top US officials. "The recent record-high level of poppy cultivation calls into question the long-term effectiveness and sustainability of those prior efforts,"he said on Tuesday. "With deteriorating security in many parts of Afghanistan and low levels of eradication of poppy fields, further increases in cultivation are likely in 2014," he added.

Chronicle AM: Holder on Pot, Big $$$ for OR Init, Cairo Student Drug Tests, More (10/21/14)

Holder talks pot, more big bucks flow to Oregon initiative, federal judge to ponder whether marijuana belongs in Schedule I, the right attacks Vanita Gupta, Canada's NDP calls for decriminalization, and more. Let's get to it:

US Attorney General Eric Holder (justice.gov)
Marijuana Policy

Attorney General Holder "Cautiously Optimistic" on Marijuana Legalization. In a Monday interview with CNN, Attorney General Eric Holder said he is "cautiously optimistic" about marijuana legalization in Colorado and Washington. He said that the Justice Department was focused on eight "priority areas" when it came to legal weed, including prevention of distribution to minors, drug trafficking across state lines, and drug-related violence. "What I've told the governors of those states is that if we're not satisfied with their regulatory scheme that we reserve the right to come in and to sue them. So we'll see," Holder said.

Oregon Initiative Reports More Big Bucks Donations. The campaign committee for Measure 91 has reported receiving $800,000 in a pair of high-denomination donations. The Drug Policy Action Network, the campaign and lobbying arm of the Drug Policy Alliance, kicked in half a million bucks, while the New Approach PAC, tied to the family of the late Progressive Insurance magnate Peter Lewis, gave $300,000. Over all, Drug Policy Action Network has contributed $1.85 million and the Lewis group has given $1.25 million. The initiative campaign has spent more than $1.1 million on TV and radio ads.

Federal Judge to Consider Whether Marijuana Should Be Schedule I. A US district court judge in Sacramento will hold a hearing next Monday on whether marijuana is appropriately classified as a Schedule I drug under the Controlled Substances Act. The hearing comes in the case of United States v. Pickard, et.al. Expert witnesses, including Columbia University psychology professor Dr. Carl Hart, will testify that classifying marijuana as a Schedule I drug is not consistent with accepted scientific evidence. This is the first time in recent memory that a federal judge has granted a hearing on the issue.

Decriminalization Fails By One Vote in Columbia, MO, City Council. A move to decriminalize marijuana in Columbia failed on a 4-3 vote Monday night after hours of intense debate. City staff opposed the measure, saying it would put the city in conflict with state law, and local police also opposed it, saying it would put officers in an awkward position, especially when doing joint counter-drug operations with other state or local law enforcement agencies.

Medical Marijuana

Missouri to Begin Taking Applications for Low-THC, High-CBD Medical Marijuana. People who want to grow high-CBD, low-THC marijuana for medical purposes under a new state law can begin submitting applications to the state Department of Health beginning November 3. The state will license two growers, and the window for applications is 30 days. The growers must operate as nonprofits and must produce marijuana that is less than 0.3% THC.

Law Enforcement

Conservative Attacks on DOJ Civil Rights Nominee Gupta Get Underway. Heritage Foundation resident expert Cully Stimson has penned an opinion piece that lays out one line of attack on Vanita Gupta, the ACLU attorney just named acting head of the Justice Department's Civil Rights division and who is nominated to permanently fill the post. "The New Civil Rights Division Head Wants to Decriminalize Possession of All Drugs," is his headline -- and the gist of his argument. Click on the link to read his piece.

International

Canada's NDP Calls for Marijuana Decriminalization and Study. The New Democratic Party (NDP) will this week officially call for immediate marijuana decriminalization, with monitoring of the health and social side effects. The call will come in a supplemental document published alongside a House of Commons health committee report, which is set to be issued today or tomorrow. While the NDP's stand is progressive, it is not as progressive as the position of the Liberals, who are calling for legalization.

Cairo University Begins Mandatory Drug Testing of Students. Any student who wants to reside in school housing at the University of Cairo must undergo mandatory, suspicionless drug testing under a new university policy. Some 4,000 students have already been tested, with 9,000 more waiting their turn. No objections to the policy have been heard.

Chronicle AM: Philly Decrim in Effect, Facebook Chides DEA, Mexico Mayhem, More (10/20/14)

New pot polls in New Hampshire and North Dakota, Philly decrim goes into effect, NYC marijuana arrests continue, Nevada senator wants heroin clinics, Massachusetts' chief justice slams mandatory minimums, Facebook sends a stern letter to DEA, mayhem continues in Mexico, and more. Let's get to it:

Cartel's deadly warning: Hacked tweet from account of murdered Mexican citizen journalist.
Marijuana Policy

Arkansas Attorney General Rejects Legalization Initiative Wording. It's back to the drawing board for Mary Berry and her legalization initiative. Attorney General Dustin McDaniel has rejected the wording of the initiative, citing "ambiguities" in the text and telling her to "redesign" it. McDaniel has already approved the wording for two other initiatives, one for medical marijuana and one that would make it legal to grow and possess marijuana.

New Hampshire Poll Has Healthy Majority for Legalization. A new WMUR Granite State poll has 59% of respondents favoring marijuana legalization, with 35% opposed. Support for legalization is up eight percent over last year. Only 27% favored maintaining the pot prohibition status quo. New Hampshire is one of the states activists are eyeing for a legalization push in the next year or two.

North Dakota Poll Has Only 24% Supporting Legalization. In what must be one of most anti-marijuana poll results in recent years, a University of North Dakota College of Business and Public Administration poll found that more than two-thirds (68%) of respondents opposed marijuana legalization, with only 24% in favor. Even medical marijuana, which typically polls in the 70s or 80s with a generic question, garnered only 47% support. At least that's more than the 41% who opposed it. Click on the link for more poll details.

Dallas March for Legalization and Medical Marijuana. An estimated 5,000 people showed up in Dallas Saturday to rally for medical marijuana and marijuana legalization. The Dallas Marijuana March was sponsored by Dallas-Ft. Worth NORML.

New York City Marijuana Arrests Continue. In a report released today, the Marijuana Arrest Research Project finds that, despite campaign promises from Mayor Bill de Blasio, marijuana possession arrests are on track to equal or even surpass the number of arrests made under his predecessor, Michael Bloomberg. Despite a new mayor and new police commissioner, the NYPD continues its practice of making penny-ante pot arrests, especially of non-white people. Some 86% of those busted under de Blasio were black or Latino. New York State decriminalized personal possession of small amounts of marijuana in 1977, yet over the last twenty years, marijuana possession has become a top law enforcement priority, with nearly 600,000 people having been arrested under this provision in New York City alone, often as the result of an illegal search or as the result of a stop-and-frisk encounter when police demand an individual "empty their pockets," thus exposing marijuana to public view.

Marijuana Decriminalization Now in Effect in Philadelphia. As of today, getting caught with a little pot in Philadelphia will face no more than a $25 fine ($100 if caught smoking it) and, possibly, up to nine hours of community service. The city council approved the measure in June, and Mayor Michael Nutter (D) signed the bill into law October 1.

Wichita Advocates Try Again With New Decriminalization Initiative. Hoping that the second time is the charm, Kansas for Change is plotting a new municipal decriminalization initiative. An effort earlier this year came up short after more than half the signatures turned in turned out to be invalid. They will need to gather 3,000 valid signatures by February 19 to make the deadline for the April 2015 ballot.

NORML PAC Endorses Cory Booker in New Jersey US Senate Race. NORML is standing by Sen. Cory Booker (D) in his bid for reelection in New Jersey. The advocacy group's political action committee has again endorsed Booker, as it did during his 2013 election campaign. "Senator Booker kept the promises he made to champion crucial criminal justice and marijuana reform issues in his first term," said NORML PAC manager Erik Altieri. "If reelected for a full six year term this fall, he will be a strong crusader for rolling back our failed war on cannabis at the federal level. We encourage New Jersey voters to support him in his campaign."

Medical Marijuana

Guam Judge Dismisses Lawsuit; Medical Marijuana Vote to Go Ahead. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Asset Forfeiture

Arizona Tribal Police Seize Student's Car Over Single Joint. An Arizona State University student is going public with her complaint that the Salt River Pima-Maricopa tribal police seized her vehicle over a single marijuana cigarette. The student, identified only as Kayla, said she was pulling over for a traffic infraction, admitted to having a joint, and was then arrested for possession and DUI and her car seized. The Indian tribe's laws allow for forfeiture even for minor marijuana possession. Kayla got her car back 4 ½ months later, but only because it was registered to someone else. The tribe remains unrepentant.

Heroin

Nevada State Senator Calls for Prescription Heroin Clinics. State Sen. Tick Segerblom (D-Las Vegas) is calling for the creation of heroin clinics, where addicts could get prescribed doses of the drugs, as a means of dealing with addiction and issues associated with it. He said he will introduce a bill to that effect in the 2015 legislative session. The clinics would also provide counseling and therapy. "The goal is to get people off the street, out of the criminal element, address their addiction and then hopefully figure out a way to get them off of the drug," Segerblom said.

Sentencing

Massachusetts Supreme Judicial Court Chief Justice Calls for end to Mandatory Minimums. New chief justice of the Supreme Judicial Court Ralph Gants has called for the repeal of mandatory minimum sentences in his first public address since assuming the office. Gants, a former federal prosecutor, noted the "disparate impact" of such sentences on racial and ethnic minorities and challenged drug war orthodoxy. "How well is the status quo working?" he asked. "Heroin is cheaper, more easily available, and more deadly than it has been in my lifetime," he added. "Drug overdose is now the leading cause of accidental death in Massachusetts, exceeding motor vehicle accidents."

Law Enforcement

Facebook Tells DEA to Stop Creating Fake Accounts. The social media giant has sent a strongly-worded letter to the DEA telling the agency to stop creating accounts impersonating real people in its bid to catch drug criminals. The Facebook move comes after the agency was revealed to have used the identity of a real woman, including posting revealing photos of her, as part of its drug-fighting efforts. Facebook is "deeply troubled" by the incident, the letter says, especially since it violates its rules about only using real identities.

International

Mexico Social Media Cartel Watcher Kidnapped, Killed, Body Shown on Her Hacked Twitter Account. Reynosa physician Dr. Maria del Rosario Fuentes Rubio participated in social media crime watch activities, reporting on the doings of drug cartel members, and it cost her her life. She was kidnapped last week and her Twitter account hacked. A photo of her dead body appeared on it, along with a message warning others on her network to close their accounts. "Today my life has reached its end," read one hacked tweet. "I can only tell you not to make the same mistake I did," said another. The hackers also directly threatened another citizen journalist, @ValorTamaulipas, warning that "death is closer than you think."

Mexico Police Arrest Drug Gang Leader Linked to Missing Students. Mexican authorities said last Friday they had arrested Sidronio Casarrubias Salgado, head of the Guerrero Unidos drug trafficking organization. The group has been linked to the disappearance of 43 radical teachers' college students, who went missing after participating in political demonstrations in Iguala. Several mass graves have been found, but it's not clear if the bodies in them are those of the missing students. The incident has led to massive public protests and become a serious crisis for the government of President Enrique Pena Nieto. The same day Casarrubias was arrested, thousands marched in Acapulco to demand the students be found alive. Days earlier, demonstrators set fires in government buildings in the state capital of Chilpancingo.

Honduras Beefs Up Air Force for More, Better Drug War. The Honduran Air Force has purchased two combat fighters from Brazil's Embraer for $29 million and been donated four helicopters worth $36 million from Taiwan as part of an effort to step up its fight against drug traffickers. Honduran President Juan Hernandez has pledged to crack down on drug trafficking, and the Honduran Congress has given the okay to shoot down suspected drug planes transiting national air space.

Marijuana Smoke-In in Melbourne Goes Unimpeded by Police. Some 200 people gathered in Melbourne, Australia, Sunday for a marijuana reform rally that included lots of people smoking pot. Victoria State Police didn't bother to show up.

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