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Chronicle AM: GOP Still Going After DC Pot Laws, FL Welfare Drug Test Law Blocked, More (12/4/14)

The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:

Marijuana Policy

Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.

Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.

Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.

New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.

Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.

Medical Marijuana

California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Drug Testing

DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."

Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.

Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.

New Synthetic Drugs

Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.

Medical Marijuana Update

The Kettle Falls Five case gets postponed, ASA starts a petition to protect California patients who need organ transplants, Minnesota begins implementing its new medical marijuana law, and more. Let's get to it:

National

On Tuesday, the head of the Epilepsy Foundation said he wants CBC cannabis oil available nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.

California

On Monday, ASA announced a petition drive seeking support for a California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Accessis leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.

On Tuesday, Los Angeles announced it had shut down more than 400 dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Also on Tuesday, the LA city attorney sued to block a medical marijuana delivery app. The LA city attorney's office filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the first to be targeted by authorities.

Colorado

Last Thursday, an Arizona professor fired for medical marijuana research got new funding to continue her work. Researcher Dr. Sue Sisley, who was fired from her job at the University of Arizona over her medical marijuana research, has been awarded a $2 million grant from the state of Colorado to continue her research into the effects of medical marijuana on veterans with PTSD.

Massachusetts

On Tuesday, a Massachusetts activist went public with his boundary-pushing Allston CBD shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."

Minnesota

On Monday, the state named two medical marijuana growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.

Oregon

Late last month, the state decided to appeal a lower court ruling that cities can ban dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.

Washington

On Monday, trial in the Kettle Falls Five federal medical marijuana case was postoned.A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

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

Chronicle AM: Overdose Deaths, Naloxone Price Hikes, How Weed Can Win in 2016, New Synthetics, More (12/2/14)

A new report suggests how to win pot legalization initiatives in 2016, a closely watched medical marijuana trial is delayed, there's naloxone and overdose death news, Mexican pot farmers are getting squeezed from competition north of the border, and more. Let's get to it:

Marijuana Policy

Moms Key Demographic for Winning Initiatives, Research Report Argues. Women between 30 and 55 are the key demographic group for winning marijuana legalization initiatives, according to a new report from the Global Drug Policy Observatory. The report, "Selling Cannabis Regulation: Learning From Ballot Initiatives in the United States in 2012," analyzed the 2012 initiative efforts in Colorado, Oregon, and Washington, as well as looking at the 2010 Prop 19 effort in California. The campaigns in Colorado and Washington successfully targeted that key demographic, the analysis found. The report also found that key messages to voters were that legalization would free up scarce law enforcement resources and that it would create new tax revenues. There's plenty more to read in the report; click on the link for the whole thing.

Marijuana DUI Breathalyzer Test Coming? Researchers at Washington State University are working to develop a marijuana breathalyzer that could detect THC on a driver's breath. The researchers said the device would probably not provide an exact reading of the amount of THC, but could help officers determine if there is probable cause for a DUI arrest. But a follow-up THC blood test would still be necessary for use as evidence in court. Researchers said they hope to start testing this device in the first half of next year.

Arizona Legislative Analysts Say Legal Pot Could Generate $48 Million a Year in Tax Revenues. The Joint Legislative Budget Committee has produced a report estimating tax revenues from legalization at $48 million a year. The report was produced in September, but details were not released until the Phoenix alternative weekly New Times obtained a copy Monday. The report was in response to a Democratic bill to legalize marijuana. That bill was killed in April, but could be back next year. And there is a legalization initiative effort underway for 2016, backed by the Marijuana Policy Project.

Medical Marijuana

Trial Postponed, New Judge Assigned in Widely Watched Federal Medical Marijuana Case of Kettle Falls Five. A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

Los Angeles Has Shut Down More Than 400 Dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Harm Reduction

North Carolina Harm Reduction Coalition's Members Save Over 200 North Carolinians From Drug Overdoses With Naloxone. The Coalition announced today that it had received a report of its 208th overdose reversal using the opioid antagonist naloxone (brand name Narcan). The Coalition has distributed over 5,100 overdose prevention kits containing naloxone since August 2013. That was made possible by the passage of a 911 Good Samaritan/naloxone access law in April 2013. For more information on overdose prevention training or how to receive a naloxone kit, go here.

Naloxone Price Going Up Dramatically. Just as police departments across the country make plans to stock up on the opioid overdose reversal drug naloxone, manufacturers are jacking up prices. In Georgia, police report the price of a kit jumped from $22 to $40, while New York City is reporting a 50% price increase. Manufacturers have not explained the increases, but some activists have suggested that with the surge in orders from government entities, the makers have seen a chance to grab windfall profits."We've had a pretty steady price for several years now,"said Matt Curtis, the policy director of VOCAL-New York, an advocacy group. "Then these big government programs come in and now all of a sudden we're seeing a big price spike. The timing is pretty noticeable."

CDC Reports Drug Overdose Deaths More Than Doubled Between 1999 and 2012. In 2012, more than 41,000 people died of drug overdoses in the US, more than doubling the figure of 17,000 in 1999. Of the 41,000 drug overdoses in 2012, 16,000 were from opioid pain relievers (although that number actually decreased 5% from 2011), while nearly 6,000 were from heroin. Thus, legal and illegal opioids accounted for more than half of all overdose deaths in 2012. The overall overdose death rate also doubled, from 6.1 deaths per 100,000 in 1999 to 13.1 in 2012. The highest rates of overdose deaths were in West Virginia (32 per 100,000), Kentucky (25 deaths per 100,00 people), New Mexico (24.7 per 100,00 people), Utah (23.1 per 100,00 people) and Nevada (21 per 100,00 people). The report is "Trends in Drug Poisoning Deaths, 1999-2012."

Law Enforcement

Sen. Chuck Schumer Wants $100 Million to Fight Heroin. Sen. Schumer (D-NY) is seeking an emergency appropriation for a "heroin surge" to combat increased heroin addiction and overdoses. He wants $100 million appropriated to the High Intensity Drug Trafficking Area (HIDTA) program. The move would increase HIDTA funding to $338 million nationwide, if the funding is approved in the federal budget.

Drug Testing

Kansas Welfare Drug Testing Law Not Catching Many. That's at least in part because the state is not actually testing many welfare applicants. After four months in effect, the state has tested only 20 applicants, of whom four tested positive. The testing is only required for people who are visibly using drugs, been recently arrested on a drug charge, or were found during a questionnaire screening to be likely to be using drugs. The state has paid $500,000 for the program so far, but has not achieved the $1.5 million in savings from people being disqualified for benefits earlier estimated because it has tested and disqualified so few people.

New Synthetic Drugs

New Synthetics and the Changing Global Drug Marketplace. Stanford University drug policy analyst Keith Humphreys has penned an informative piece on the increasing shift from natural, plant-based drugs to synthetic ones as well as the shift to on-line drug selling and buying. This phenomenon could "upend traditional understanding of drug markets and drug policy," he writes. There's much more; check it out at the link.

International

US Marijuana Production Hurting Mexican Pot Farmers. National Public Radio's John Burnett reports from the Mexican state of Sinaloa that Mexican marijuana producers are being squeezed by made-in-America weed. "Two or three years ago, a kilogram [2.2 pounds] of marijuana was worth $60 to $90,"one grower there told him. "But now they're paying us $30 to $40 a kilo. It's a big difference. If the U.S. continues to legalize pot, they'll run us into the ground." That grower said if matters continued as they were, he would plant opium poppies instead. The report also quotes a DEA official as saying Mexican cartels are now importing high-quality American weed to Mexico for high-end customers.

Chronicle AM: CA MedMJ Organ Transplant Petition, PA Harm Reduction Law, TX Fake Pot Bill, More (12/1/14)

Oregon's dispensary law continues to be thrashed out in the courts, a Pennsylvania 911 Good Samaritan and naloxone access law has gone into effect, Minnesota gets medical marijuana growers, there's a Texas bill targeting synthetic cannabinoids, and more. Let's get to it:

"Spice" and other synthetic cannabinoids are under the gun in Texas. (wikipedia.org)
Marijuana Policy

APA Call for Papers on Marijuana Legalization. The American Psychological Association's (APA) journal, Psychology of Addictive Behaviors, is seeking empirical (research, both original and meta-analyses) and theoretical (review) papers examining trends in marijuana use and use disorders and clinically-related research on the drug's addictive potential and health effects. The APA notes that policy is shifting "toward medicalization and legalization of marijuana" and says that "research on the potential effects of this drug is critical as the public health significance of marijuana is debated in this country." Click on the link for submission requirements and deadlines.

Alaska Marijuana Business Group Angling for Industry-Friendly Rules. A small number of people interested in getting into the marijuana business in Alaska have formed the Coalition for Responsible Cannabis Legislation to advocate for regulations and rules that will "let the market decided who makes it or who fails," said the Coalition's Bruce Shulte. The group says it will work with legislators and the Alcoholic Beverage Review board to guide rulemaking. The state has until late next year to come up with regulations and to decide whether to use the review board to regulate marijuana or create a new entity.

Medical Marijuana

Oregon to Appeal Court Ruling that Cities Can Ban Dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.

Minnesota Names Two Medical Marijuana Growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.

ASA Petition for California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Access is leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant Act. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.

Harm Reduction

Pennsylvania Harm Reduction Law Goes Into Effect. A state law that puts the opiate overdose reversal drug into the hands of first responders went into effect today. The law also contains a 911 Good Samaritan provision, providing some legal protections for people who witness and report overdoses. The law is Act 139. The state has recorded more than 3,000 opiate overdose deaths since 2009.

New Synthetics

Texas Bills to Ban Synthetic Marijuana Proposed. State Sen. Joan Huffman (R-Houston) has pre-filed two bills aimed at criminalizing synthetic cannabinoids in the Lone Star State. The two bills, Senate Bill 172 and Senate Bill 173 designate certain synthetic cannabinoids as controlled substances under the state Controlled Substances Act. Huffman is chairwoman of the Senate Republican Caucus and vice-chair of the Senate Criminal Justice Committee. She won Texas Monthly's award for "worst legislator of 2013," in part because of her intransigently conservative stands on criminal justice issues.

International

Uruguay Ruling Party Keeps Presidency, Marijuana Law Should Be Safe. Pepe Mujica's legacy as the man who legalized marijuana in Uruguay should be safe after his Broad Front's candidate, Tabare Vazques, won Sunday's election to succeed him. Center-right opposition candidate Luis Lacalle Pou had threatened to repeal much of the law if he was elected. Vazquez, however, is not as enthusiastic about the law as Mujica was, and has said he might modify it. Roll out of the pharmacy sales portion of the law was supposed to happen at year's end, but was just pushed back until at least March.

Australia Goes Wild With Drug Dog Searches, Doesn't Find Much. Police in New South Wales are subjecting thousands of people to "intrusive and humiliating" police searches after being falsely identified by drug-sniffing dogs as carrying drugs, according to statistics revealed after a request from the New South Wales Green Party. Nearly 17,800 people were searched after being alerted on by drug dogs, but in nearly two-thirds (64%) of those cases, no drugs were found, and only 2.4% of searches led to successful prosecutions. The Greens complained that the use of drug dogs outside festivals was potentially dangerous, causing some users to either take all their drugs before traveling to events and others to consume them in a panicked fashion when it becomes evident a drug dog sniff looms.

New Zealand Meth Use Up After "Legal Highs" Banned. Addiction specialists are reporting that former meth users have gone back to the drug after the country reversed course and criminalized new synthetic drugs. The country had sought to regulate the new synthetics, but reversed course in May after loud public discontent with open drug use and strange behavior. "People who have used methamphetamine in the past are now going back to using it after the legal highs came off the market," explained one addiction counselor.

Chronicle AM: Bad Cops in CO, CT MedMJ, VA Decrim Bill, WA Drug Defelonization Bill, More (11/26/14)

We have a couple of disturbing Colorado police stories, a marijuana decrim bill will be filed in Virginia, and a drug decrim one in Washington state, Connecticut patients seek to expand the list of conditions, Florida will try again on medical marijuana, and more. Let's get to it:

Marijuana Policy

New Idaho Group Forms to Fight for Pot Law Reform. A new group has formed to push for marijuana legalization in a most pot-unfriendly place: Idaho. Although it now borders two legal marijuana states -- Oregon and Washington -- Idaho continues its last-century approach to marijuana. Now, New Approach Idaho wants to change that with a new initiative effort. It has its work cut out for it: The last time activists tried to get an initiative on the ballot there, they were only able to come up with 11,000 of the necessary 60,000 voter signatures.

Virginia Legislator Will File Decriminalization Bill in January. State Sen. Adam Ebbin (D-Alexandria) has said he will fill a bill to decriminalization the possession of small amounts for the next session of the legislature. "This is not going to legalize marijuana. It is going to make it no longer have a criminal penalty," he said. Under current law, a first possession offense is a misdemeanor punishable by up to 30 days in jail and a $500 fine. Ebbin's bill would make possession a civil offense, with a maximum $100 fine.

Medical Marijuana

Connecticut Doctors' Panel Hears Request to Add More Conditions. The state Medical Marijuana Program's Board of Physicians heard today from patients and advocates pleading with them to expand the state's medical marijuana law to include more medical conditions. The board has received petitions seeking to add severe psoriasis and psoriatic arthritis; sickle cell disease; Tourette's disorder; and post-laminectomy syndrome with chronic radiculopathy -- chronic pain after back surgery -- to the list of qualifying maladies. The program is accepting written submissions, petitions, and testimony from the public until December 12 and will deliberate on the issue in January. If it approves adding new conditions, that's just the first step. Click on the link for all the bureaucratic details.

Florida Advocates Announce Plans for a 2016 Initiative. United for Care, the group behind this year's medical marijuana initiative that came up just short, has announced it will try again in 2016. "We are swiftly mobilizing a new petition push to get medical marijuana" on the 2016 ballot, United for Care director Ben Pollara told supporters this week in a fund raising announcement. This year's Measure 2 won 57% of the vote, but it needed 60% because it was a constitutional amendment. It looks like the group is going to go the constitutional amendment route again, despite the higher bar it creates.

Law Enforcement

Citizen Video Captures Denver Police Beating Drug Suspect, Knocking Down Pregnant Wife; Cops Tried to Destroy Evidence. Denver resident Levi Frasier happened upon two police officers attacking a man on the ground and began recording with his tablet computer. Police were repeatedly punching the man in the head, and when his seven-month pregnant wife approached the scene, one of the officers swept her legs out from under her, dropping her to the ground. When police noticed Frasier recording the scene, they seized his tablet without his consent or a warrant and erased the video. But Frazier had software that automatically uploaded his videos to the cloud, and now he has made it available to a local TV station, which is raising many questions about the incident. Click on the link to see the video and the TV station's investigative report.

One Colorado Town's Horribly Out of Control Snitch-Driven Drug Busts. The Denver alternative weekly Westword has a lengthy investigative report on a series of drug busts in the town of Trinidad that repeatedly wrapped up innocent people based on the word of confidential informants who stood to benefit from snitching out others. Most of the cases have now been dismissed, but not without severe damage to the innocent. Local police and prosecutors seem not to care much. Click on the link to read the whole damning piece.

Sentencing

Drug Defelonization Bill to Be Filed in Washington State. State Reps. Sherry Appleton (D-Bainbridge Island) and Jessyn Farrell (D-Seattle) will reintroduce legislation to make drug possession a misdemeanor instead of a felony. The bill will be identical to House Bill 2116, which didn't pass this year. The effort is being supported by Sensible Washington.

International

Cannabis Cafe Quietly Operating in Halifax, Nova Scotia. A members-only marijuana consumption club, the High Life Social Club, has been open for business since early September. The club doesn't allow pot smoking, just vaporizing, nor does it actually sell marijuana -- it's a BYOB (bring your own buds) operation, and local police seem to be okay with it. The only requirement for membership is a payment of $5 and an ID showing you are over 18.

Chronicle AM: DC Pot Bill Moves, Seattle MedMJ Plan, BC Prescription Heroin, Malta Drug Decrim, More (11/25/14)

A marijuana tax and regulate bill advances in DC, a legalization bill gets filed in Georgia, Seattle's mayor has a plan to regulate medical marijuana, prescription heroin is coming to Vancouver, Malta is ready to decriminalize drug possession, and more. Let's get to it:

Pharmaceutical diacetylmorphine AKA diamorphine AKA heroin. Now on prescription for some in Vancouver. (wikipedia.org)
Marijuana Policy

DC City Council Committee Approves Tax and Regulate Bill. The council's Committee on Business, Consumer, and Regulatory Affairs today voted in favor of legislation to tax, regulate, and license the production, distribution, and sale of marijuana in the nation's capital. The bill is B20-466, the Marijuana Legalization and Regulation Act. Movement on the bill comes just three weeks after DC voters overwhelmingly approved the Measure 71 marijuana possession and cultivation legalization initiative. That initiative didn't address taxation and regulation because it could not do so under DC law, which leaves such moves to the council. And the council is moving.

Georgia State Senator Files Legalization, Medical Marijuana Bills. State Sen. Curt Thompson (D-Norcross) Monday pre-filed bills to legalize both medical and recreational marijuana. SR 6 is a resolution calling for a state constitutional amendment to legalize marijuana, while SB 7 is a full-fledged medical marijuana bill that would allow patients to grow their own and possess up to two ounces, allow registered caregivers to grow for patients, and allow for dispensaries.

New Mexico State Representative Talks Pot Legalization. A marijuana legalization bill died in the legislature this year, and prospects for passage in the incoming, even more heavily Republican legislature next year are not good. But that's not stopping Rep. Bill McCamley (D-Las Cruces). He says the state needs to have the legalization conversation, and he's making his case today during a meeting of the interim Health and Human Services Committee. Click on the link for some McCamley quotes.

Medical Marijuana

Seattle Mayor Releases Medical Marijuana Plan. Mayor Ed Murray's office Monday unveiled its plan for regulating medical marijuana collective gardens and dispensaries. The plan would create two classes of collective gardens. Class 1 would operate dispensaries, while Class 2 would not and is subject to fewer regulatory restrictions. Under state law, recreational marijuana is regulated at the state level, but medical marijuana is not. While efforts to regulate medical are likely in the state legislature next year, Murray said even if they pass, they wouldn't go into effect until 2016, so the city is moving to regulate now.

International

Australia's Queensland to Toughen Penalties for Drug Dealers in Fatal Overdoses. The Queensland state government is set to introduce a bill today that would compel courts to consider the death of a drug user an aggravating factor in sentencing of drug dealers. Attorney General Jarrod Bleijie said the bill was inspired by a case last year in which a man was sentenced only to probation after supplying a shot of morphine to a minor who died of an overdose.

Prescription Heroin Coming to Vancouver. Doctors in Vancouver have received the first shipment of prescription heroin to be used by former participants in a clinical heroin maintenance trial. In all, 120 severely addicted people have been approved by Health Canada to receive the drugs. The first shipment will begin to be administered this week to the first 26 participants. The patients will go to a clinic two or three times a day to receive and inject the drug. They must then wait at the clinic for at least 20 minutes to nurses can monitor them. The project is an outgrowth of the North American Opiate Medication Initiative (NAOMI) and the follow-up Study to Assess Longer-term Opioid Medication Effectiveness (SALOME).

Chile Celebrates Fourth Legalize Festival. Thousands of people attended the fourth annual Legalize festival in Santiago Monday. Part pot party, part political protest, the festival includes expositions, panels, and live music. Ancient British rockers Deep Purple were among the bands playing yesterday.

Malta Ponders Bill to Decriminalize Drug Possession. A major drug reform bill, the Drug Dependence Bill, which would decriminalize the first-time possession of drugs, went to parliament Monday. First offenders would face only fines, but repeat offenders would have to appear before a Drug Offender Rehabilitation Board and could be ordered to drug treatment if appropriate. People could grow one marijuana plant without being subject to mandatory jail time, and the bill would also allow for the use of medical marijuana.

Chronicle AM: US Agents on Mexico Drug Raids, New Federal Cash Seizure Guidance, New Pain Pill, More (11/24/14)

Some House Republicans still want to mess with DC legalization, a key Washington state solon is planning a bill that would fold medical marijuana into the legal regulation system, federal officials issue a new code of conduct for highway asset seizures, US Marshals are reportedly going on drug raids in Mexico, and more. Let's get to it:

WA state Sen. Jeanne Kohl-Welles (D-Seattle) is moving to fold medical marijuana into the legal pot regulatory system.
Marijuana Policy

Some House Republicans Plan to Try to Block DC Legalization. While some GOP senators have no interest in blocking DC's legalization initiative, some GOP House members do. Rep. Andy Harris (R-MD) said he "absolutely" intends to block implementation, but that he probably wouldn't try to do so until next year. Earlier this year, he successfully attached an amendment to the DC appropriation bill to block decriminalization, and that amendment passed the House, but was never taken up by the Democratically-controlled Senate. Harris called legalization "crazy policy."

Washington State Senator Outlines Marijuana Regulation Bill. State Sen. Jeanne Kohl-Welles (D-Seattle) said she plans to file a bill that would regulate both recreational and medical marijuana in a single system, slash marijuana taxes, and allow home cultivation of up to six plants for any adult -- not just medical marijuana patients or caregivers. The bill would phase out collective gardens and generally fold the medical marijuana system into the state's regulated marijuana system. Kohl-Welles hasn't filed the bill yet and said she is consulting with stakeholders and legislators, but she said she would pre-file it next month.

Medical Marijuana

New Jersey Okays Fourth Dispensary. The state Health Department has issued a permit for a fourth dispensary to start growing medical marijuana ahead of a scheduling opening next spring. The Breakwater Alternative Treatment Center won approval last Friday.

South Dakotans to Try Legislature, But Hold 2016 Initiative in Reserve. Activists met over the weekend in Sioux Falls to plot how to move forward in a state that has twice rejected medical marijuana at the ballot box. A 2006 initiative lost by just four points, but a 2010 initiative lost by a whopping 32 points in the year of the Tea Party. Now, supporters will try to get a bill moving in the state legislature, but if that fails, they are pondering a 2016 ballot initiative.

Harm Reduction

Kentucky 911 Good Samaritan Bill Proposed. At a press conference last Friday, state Sen. Chris McDaniel said he wants to file a bill that would exempt drug overdose victims and people who seek help for them from being charged with drug possession offenses. "This should be another tool to keep people from dying, and that's what we're after," he said. But McDaniel also said such an exemption from prosecution could only be used once.

Asset Forfeiture

Federal Officials Issue New Guidance for Highway Seizures. Officials with the White House's High Intensity Drug Trafficking Areas (HIDTA) program have issued new guidance for highway police in a bid to curb questionable civil asset forfeiture seizures of cash and property from drivers. The voluntary code of conduct reminds state and local police that the need to observe the Constitution and the civil rights of motorists. "Emphasize interdiction programs are NOT purposed for enhancing agency budgets," the code says. "Underscore forfeited ill-gotten proceeds be spent prudently in accordance with applicable statutes, sound policies and regulations." Asset forfeiture programs are currently under an intense spotlight in the wake of repeated revelations about abuses and aggressive enforcement by police.

Prescription Opiates

FDA Approves Second Hydrocodone-Only Pain Pill. The Food and Drug Administration has approved Purdue Pharma's extended-release Hydrocodone tablet Hysingla for use. The agency said Hysingla is designed to be difficult to abuse, but acknowledged it could still be. It is the fourth opioid to be granted abuse-deterrent status, after Purdue's reformulated Oxycontin, it's oxycodone-naloxone combo Targiniq, and Pfizer's morphine-naltrexone combo Embeda. And it is the second hydrocodone-only pill approved by the agency. FDA approved Zohydro in October 2013.

International

US Marshals Are Going on Drug Raids in Mexico. The Wall Street Journal has reported that members of the US Marshals Service have been taking part in drug raids disguised as Mexican Marines. Mexican officials flatly deny the charge, but the newspaper reported that the Marshals Service sends small teams several times a year to help hunt drug suspects, some of whom are not even wanted by the US. The Journal cited a July incident in which a US Marshal was shot and wounded while attached to Mexican Marines patrolling a field in Sinaloa. Six cartel members were killed in the ensuing shootout.

Australian MPs to Introduce Federal Medical Marijuana Bill. Members of parliament from the Labor, Liberal, and Green parties will this week file a bill that would allow medical marijuana to be grown under federal license. The bill would not require states to allow medical marijuana, but it would create a federal model and address how medical marijuana would be supplied. The MPs will brief colleagues on the plan Wednesday.

Australia's Tasmania Rejects Medical Marijuana. Tasmanian Health Minister Michael Ferguson has rejected an interim report calling for allowing the use of medical marijuana. He ruled out any changes to current laws, citing advice from the Tasmania Police. He said that Tasmania Police would not seek to criminally pursue terminally ill medical marijuana users.

Chronicle Book Review: Mexico on the Brink

Hidden Dangers: Mexico on the Brink of Disaster by Robert Joe Stout (2014, Sunbury Press, 210 pp., $16.95 PB)

Today is the official 104th anniversary of the beginning of the Mexican Revolution. The uprising that began then lasted for nearly two decades and by the time it was over, nearly two million Mexicans were dead, and the country was changed forever. That revolution overthrew a sclerotic, encrusted dictatorship that advanced the country materially and brought it to the brink of the modern era, but which ignored the interests of the vast majority of Mexicans.

Are we about to see a repeat? That's probably premature, but it's notable that authorities in Mexico City have canceled the official commemorative parade set for today, afraid of trouble breaking out. There has already been trouble in Mexico City today, anyway -- with masked demonstrators attempted to block access to the international airport -- so that decision may well be a prudent one.

What is motivating the protests today -- and for nearly the last two months -- is the disappearance (and almost certain murder) of 43 radical students from a provincial teachers' college in the south central state of Guerrero. It seems clear that the students and their threats of demonstrations were seen as a threat by Maria de los Angeles Pineda, the wife of Iguala Mayor Jose Luis Abarca. Pineda, who has been identified as a leader of the Guerreros Unidos organized crime group (commonly referred to as cartels), is believed to have ordered Iguala municipal police to "take care of" the unruly students.

According to a version of events delivered by Mexican Attorney General Jesus Karam Murillo, Iguala police shot up the commandeered public buses the students were riding in (commandeering buses is not unusual in political protests), killing some of the students on the spot. The remaining students were then allegedly turned over by Iguala police to Guerreros Unidos gang members, who, according to Karam, killed them all, burned their bodies, chopped them to bits, and threw them in a river.

Of course, it took Karam a month to make that announcement, and in the meantime, anger over the disappearances grew by the day. Demonstrators attacked and burnt part of the state capitol complex in Chilpancingo; they attacked and burnt municipal buildings in Iguala; they fought pitched battles with police on the road to the Acapulco airport. And the demonstrations and solidarity protests are spreading.

This is a brutal scandal that has shaken even brutal scandal-plagued Mexico. Federal authorities have now arrested the mayoral couple, along with dozens of police men and gang members (some are undoubtedly both). The governor of Guerrero has been forced to resign. And President Enrique Nieto Pena and his government are now besieged, even though the mayor and the governor belonged to another political party.

This may be the landmine that sets off a long pent-up social explosion south of the border. I use the word "landmine" deliberately, for that is the precise term used by long-time journalist and current Oaxaca resident Robert Stout in his new book, Hidden Dangers. Although it appears to have been largely written before Pena Nieto took office nearly two years ago, it seems remarkably prescient.

In Hidden Dangers, Stout identifies several festering -- and interconnected -- problems facing Mexico, the result of ongoing economic and political changes.Looming large among the potential landmines are emigration, the war on drugs, rising popular political movements of resistance, official corruption and impunity, and increasing environmental degradation.

With the case of the missing 43 students, Mexico is stepping on two of those landmines: the war on drugs and the problem of official complicity and corruption. As Stout makes clear, Mexico's drug corporations (he never uses the word "cartels") have thrived in an atmosphere of violence and corruption and official complicity. I wouldn't say that drug money has corrupted Mexico's institutions because they have been deeply corrupted for years, as Stout illustrates throughout the book, but it has deepened the corruption and blurred the line between organized crime and state power.

What Stout has to say about the drug cartels and the counterproductive policies adopted on both sides of the border to stop them is probably not new to regular readers of these pages. Through violence and cold, hard cash, the cartels manage to suborn security forces, elected officials, and legitimate businesses alike. And heavy-handed, militaristic attempts to quash them, especially with an army that seems to have no notion of human rights, has only resulted in more violence and more mistrust of government.

But it is complicated, and looking at Mexico solely through the prism of its war on drugs is too narrow a focus to get a good grasp on the country's realities. Mexico's drug cartel problem doesn't exist in a vacuum; it is part and parcel of a deeper social and political malaise, which, in Stout's view, is related to the country's authoritarian, unresponsive government and its inability or unwillingness to address the country's aching concerns.

And it's not just the PRI, the party that emerged from the Revolution to govern the country as "the perfect dictatorship" until the election of Coca Cola executive Vicente Fox in 2000. One of Stout's contributions to our understanding is his explication of the authoritarian character that defines all political parties in Mexico. Whether it’s the PRI or the rightist PAN or the leftist PRD, all have adapted the same top-down, strongman politics that characterized the PRI in its heyday.

It is worth noting that the mayor of Iguala and his wife are members of the PRD, which is a sad reflection on the Mexican left. But Mexicans don't need to read Stout's book to understand that the same rot grips all the parties, and that's part of the reason even the PRIista Pena Nieto is feeling the heat over the Iguala disappearances. The problem is systemic, Mexicans understand this, and that's why they're so angrily taking to the streets right now.

Hidden Dangers does a very good job of tying together the disparate "landmines" facing Mexico right now. Especially for readers who have approached the country primarily through the lens of drug policy, it is a welcome opening of perspective. And, at only a bit more than 200 pages, it's a relatively quick read, packed with information and plenty to ponder. Check it out. 

Chronicle AM: USA Today Slams Asset Forfeiture, NY Times on AFT Drug Stash House Stings, More (11/20/14)

A new Maine legalization group lays out its vision, take your medical marijuana card when you go to Nevada next year, asset forfeiture gets ripped by USA Today, the New York Times takes a look at a questionable law enforcement practice, and more. Let's get to it:

Highway patrol or highwayman? Asset forfeiture gets more criticism. (flickr.com)
Marijuana Policy

New Maine Legalization Group Wants Home Grows, Social Clubs. Calling itself Legalize Maine, a new group has emerged with a plan to free the weed there. Group organizer Paul McCarrier said his plan is "home grown" -- a jab at the Washington, DC-based Marijuana Policy Project (MPP), which has been laying the groundwork for statewide legalization there for the past several years -- and would allow for home cultivation, the use of marijuana in social clubs, and an 8% tax on sales. MPP has not released details of what it will propose for the 2016 ballot, but its local initiatives in the state did not address home cultivation or allow for social clubs. Click on the link to read more detail on the Legalize Maine plan.

Medical Marijuana

Iowa Pharmacy Board Punts on Reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.

Nevada Will Honor Medical Marijuana Cards from Other States. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.

Asset Forfeiture

Civil Asset Forfeiture Should "Go Away," Says USA Today. USA Today has joined the growing ranks of newspapers calling for state and federal civil asset forfeiture reform. In a Wednesday editorial, the country's third-largest daily circulation newspaper said asset forfeiture had come "unmoored" from its original intent of taking the profit out of crime and now appeared like something "one might expect in a banana republic, not the United States." The newspaper called for action on pending federal asset forfeiture reform bills and ended its editorial thusly: "Civil asset forfeiture is government at its absolute worst -- intimidating helpless citizens for its own benefit. It needs to go away."

Law Enforcement

New York Times Examines ATF Fake Drug Stash House Rip-Off Stings. The Times turns a jaundiced eye to the Bureau of Alcohol, Tobacco and Firearms' (ATF) use of imaginary stash-house stings, where undercover agents entice people into participating in what they thought were robberies of drug stash houses, only to be arrested and imprisoned, sometimes for decades. The newspaper notes that although most of the stings have survived legal challenges, some federal judges are now throwing out such cases. One federal judge in Los Angeles threw out a case earlier this year, citing "outrageous government misconduct" with the ATF "trawling for crooks in seedy, poverty-ridden areas -- all without an iota of suspicion that any particular person has committed similar conduct in the past." Almost all of the people wrapped up in the stings have been brown or black. Clarence Walker has covered this issue for the Chronicle here and here.

International

Argentina As Latin America's Newest Drug Trafficking Hub. Argentina is emerging as a new drug trafficking hub, according to this analysis in World Politics Review. Author Benoit Gomis points to a number of factors ranging from geography to the size of the Argentine drug market, as well as infiltration by regional drug operations, weak law enforcement, and corruption. Gomis suggests one thing Argentina can do is emulate its neighbor Uruguay, which legalized marijuana last year in a bid to undercut the drug trade. Click on the link to read the whole thing.

Chronicle AM: OR Pot Tax Battle, MA Mandatory Minimums Under Fire, More (11/19/14)

Oregon cities will fight to be allowed to tax marijuana, the CRS says state-level legalization leaves the US vulnerable to criticism on international drug treaties, federal reform bills pick up more sponsors, Hawaii medical marijuana patients get some rental protections, Iran is fine with executing drug traffickers, and more. Let's get to it:

Iran says drug traffickers deserve to be executed. (iranhr.net)
Marijuana Policy

Congressional Research Service Says Legalization Leaves US Vulnerable to Charges It Violates International Drug Treaties. In a report released this week, the Congressional Research Service said state-level marijuana legalization challenges the international drug treaties, but that legalization in the District of Columbia would be the most direct affront because Congress has oversight over DC laws and the ability to void them. "This line of reasoning suggests that if Initiative 71 is permitted to take effect, this inaction by the federal government may strengthen the [International Narcotics Control] Board's argument that the United States has not fulfilled its commitments under the Single Convention," the report said. Congress could challenge DC legalization, but it appears there is little interest in doing so.

Oregon Cities Seek to Tax Marijuana. The League of Oregon Cities says it will ask the legislature to amend the voter-approved Measure 91 legalization initiative to explicitly allow local taxes imposed before the measure was approved earlier this month. Measure 91 sponsors say they will oppose the move because it could drive prices up high enough to encourage users to continue to resort to the black market. The legislature is considering forming a joint committee to consider this and regulatory issues in the wake of Measure 91's passage. Measure 91 allows for the state to tax marijuana, but not localities. Some 70 Oregon localities passed tax measures before Measure 91 was approved.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapuetic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

Hawaii Law Protecting Medical Marijuana Patient Housing Rights Goes Into Effect. As of this month, a new law voids provisions in state rental agreements that previously allowed for tenants to be evicted based on their status as registered medical marijuana patients. The Medical Cannabis Coalition of Hawaii fought for and now applauds this step toward protecting patient rights. The law does not, however, protect people living in government-subsidized housing.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Cosponsor. The bill, HR 5212, would strengthen protections against asset forfeiture and require that seizures be proportional to the offense. It was sponsored by Rep. Tim Walhberg (R-MI) and now has 20 cosponsors -- 15 Republicans and five Democrats. The latest is Rep. Tony Cardenas (D-CA). The bill is before the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Drug Treatment

Federal Comprehensive Addiction and Recovery Act Picks Up New Cosponsors. The bill, S 2389, was introduced by Sen. Sheldon Whitehouse (D-RI). It would provide grants to community-based anti-drug coalitions, create treatment instead of incarceration programs, and provide for evidence-based opioid treatment interventions, among other provisions. It now has six cosponsors -- four Democrats and two Republicans. The latest are Sens. Dianne Feinstein (D-CA) and Al Franken (D-MN). It is before the Senate Judiciary Committee.

Sentencing

Federal Smarter Sentencing Act Picks Up New Cosponsors. The bill, HR 3383, was introduced by Rep. Raul Labrador (R-ID) and would allow federal judges to sentence most drug offenders without regard to mandatory minimum sentences. It would also allow crack cocaine offenders sentenced before 2010 to seek sentence reductions. It now has 55 cosponsors -- 36 Democrats and 19 Republicans, and is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Federal Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, HR 3465, was introduced by Rep. James Sensenbrenner (R-WI) and would expand federal grants to aid former prisoners reentering society. It has 45 cosponsors -- 37 Democrats and eight Republicans. The latest is Rep. Grace Meng (D-NY). It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Massachusetts Chief Justice Renews Call for End to Mandatory Minimums for Drug Offenders. After a visit to Worcester Trial Court to meet with local court officials and employees, Supreme Judicial Court Chief Justice Ralph Gants reiterated an earlier call to abolish mandatory minimums for drug offenders. He said he wants "individualized, evidence-based" sentencing. "Everybody sort of feels that the drug problem is not getting any better. I think everybody recognizes that we're not going to incarcerate ourselves out of the problem," he said.

Massachusetts Criminal Justice Panel Recommends Eliminating Mandatory Minimums for Drug Offenders. The Special Commission to Study the Commonwealth's Criminal Justice System has recommended ending mandatory minimum sentences for all drug offenses in the state. It is also calling for parole eligibility for all inmates who have served at least two-thirds of the lower end of their sentences, except for those convicted of murder or manslaughter. The commission is working on a report for incoming Gov. Charlie Baker (R). Baker signaled support for ending mandatory minimums for drug offenders during the campaign.

International

Iran Rejects Criticism of Its Resort to the Death Penalty for Drug Traffickers. Iranian Justice Minister Mostafa Pourmohammadi Tuesday rejected criticism from human rights campaigners and UN human rights bodies over its frequent executions of drug traffickers. "We do not accept the statements made by the UN human rights bodies that drug-related convicts should not be executed," he said. He added that anyone who smuggles or deals drugs deserves to be executed.

Report on Drug Policy Progress in Asia. The Open Society Foundations Global Drug Policy Program has published "Moving the Needle on Drug Policy in Asia," which examines innovations in drug policy in an area that boasts some of the world's harshest drug policies. The report looks at harm reduction programs in Taiwan and drug treatment programs in Malaysia. Click on the title link to read it.

Drug War Issues

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