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Chronicle AM: Holder Ponders Rescheduling, CT MedMJ Dispensaries Open, Honduras Prez Slams Drug War; More (9/25/14)

Holder will resign, but has some parting words on rescheduling, Rahm Emmanuel supports pot decrim, but legalization is a step too far, Connecticut dispensaries are now open for business, and more. Let's get to it:

Honduran President Juan Orlando Hernandez (wikimedia.org)
Marijuana Policy

Attorney General Holder to Resign, Says We Should Consider Rescheduling Marijuana. As he announces his resignation, Attorney General Holder has signaled that he thinks it may be time to reschedule marijuana. "It's certainly a question we need to ask ourselves, whether or not marijuana is as serious a drug as heroin, especially given what we've seen recently with regard to heroin -- the progression of people, from using opioids to heroin use, the spread and the destruction that heroin has perpetrated all around our country," Holder told Yahoo global news anchor Katie Couric. "And to see how, by contrast, what the impact is of marijuana use. Now it can be destructive, if used in certain ways, but the question of whether or not they should be in the same category is something that we need to ask ourselves -- and use science as the basis for making that determination."

Chicago Mayor Emanuel Just Says No to Legalization. Just a day after he called for marijuana decriminalization and the defelonization of drug possession, Mayor Rahm Emanuel said marijuana legalization is a step too far. He was responding to remarks from potential challenger Karen Lewis, head of the Chicago Teachers Union, who suggested legalization was "another source of revenue we ought to look at."

Medical Marijuana

Connecticut Dispensaries Now Open for Business. The state's first licensed grower sent its first shipment this week to dispensaries, which promptly began selling it to qualified patients. All six dispensaries in the state should be open this week.

SurveyUSA Poll Has Florida Initiative at 53%, Needs 60% to Win. The latest SurveyUSA poll has the Amendment 2 medical marijuana initiative with 53% of the vote, but since the initiative is a constitutional amendment, it needs 60% to pass. That's a slight drop from the last SurveyUSA poll, which had support at 56%. Importantly, while only 53% said they would vote for it, only 31% said they would vote against and 15% were undecided. If the undecideds split evenly, the initiative will squeak out a victory.

More Than 350 People Applied for Illinois Medical Marijuana Business Permits. State officials said Wednesday that more than 350 people had applied to legally grow or provide medical marijuana by the Monday afternoon deadline. Some 158 people applied as potential cultivation centers, while 211 applied to operate dispensaries. The state will grant 21 grow center permits and 60 dispensary permits by year's end, with the first legally obtainable medical marijuana available by spring 2015.

Pennsylvania Senate Passes Restrictive Medical Marijuana Bill. The state Senate Wednesday approved Senate Bill 1182, after amending it to remove the ability to vaporize the plant and removing a large number of qualifying medical conditions. The bill now goes to the House.

Drug Testing

Federal Appeals Court to Hear Arguments on Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals has set a hearing date of November 20 for Florida Gov. Rick Scott's (R) welfare drug testing law. The state lost last December in US circuit court, with the trial judge ruling that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied." The state is appealing.

International

Honduras President Uses UN Speech to Rail Against Drug War. In a speech to the UN General Assembly Wednesday, Honduran President Juan Orlando Hernandez lambasted international drug policies "based on waging a ceaseless war on all fronts without regard to the costs." He urged creation of a "multinational force" to fight drug cartels "just like the one that this morning, President Obama asked for to confront radical fundamentalists. Today, we talk about what is happening in other regions to children, young people, families displaced by war, violence and radical extremists," he said. "But little is said about the situation of thousands of families in the northern triangle of Central America."

California Defelonization Initiative Appears Poised for Victory [FEATURE]

While the nation focuses on marijuana legalization initiatives in Alaska, the District of Columbia, and Oregon, a California initiative that would turn drug possession felonies into misdemeanors is quietly heading for a likely victory at the polls in November.

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, ranging from crime victims' groups to the Catholic Church and racial and social justice organizations.

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. (The others include shoplifting under $950, check forgery under $950, and petty theft or receipt of stolen property under $950.)

About 10,000 people are arrested on drug possession felonies each year in the state.

Passage of Prop 47 would also help the state get closer to meeting a looming deadline from the federal courts to shrink its prison population. A new study by the California Budget Project finds that Prop 47 would move in that direction by reducing the number of people sentenced to prison and by allowing those already serving time for such offenses to petition for resentencing in county jails.

In addition to reducing prison overcrowding, Prop 47 aims to reduce felony caseloads in the court system, thus freeing up criminal justice resources for more serious and violent crime. According to the non-partisan Legislative Analyst's Office, if the initiative passes, there would be "state and county criminal justice savings potentially in the high hundreds of millions of dollars annually."

Savings from a successful Prop 47 would be dedicated to investment in mental health and drug treatment (65%), K-12 school programs for at-risk youth (25%), and trauma recovery services for crime victims (10%). The impact could be substantial.

San Francisco's DA is a Prop 47 proponent. (wikimedia.org)
"This initiative is very important for California," said Anthony Thigpen, president of California Calls, an alliance of 31 community-based organizations across the state. "We need new safety priorities that stop wasting resources on over-incarceration and invest in treatment and prevention. It's better for state and local budgets, better for public safety and better for the health of all of our communities."

While mainly flying under the radar, Prop 47 has still managed to pick up popular support. A California Field Poll in June and July had the initiative winning with 57% of the vote. And just this week, the campaign got even better news. A Public Policy Institute of California poll released Tuesday had support for the initiative at 62%, with only 25% opposed.

It has also picked up financial support. According to the California secretary of state's office, Prop 47 campaign committees have taken in more than $3.4 million in donations (including more than $1.2 million from the Open Society Policy Center, $600,000 from the Atlantic Advocacy Fund, and several six-figure donations from individuals). And while the campaign has spent more than $2 million so far, it still has about $1.2 million in the bank right now, and will continue to fund raise to finance last-minute advertising.

If that is even necessary. Prop 47 has picked up organized opposition, in the form of the Californians Against Prop 47 campaign finance committee, but the committee, representing groups including the California Police Chiefs Association, the California Peace Officers Association, and the California Correctional Supervisors Association, has so far raised only $42,000. That doesn't buy a lot of TV ad time.

Opponents charge that Prop 47 would "release dangerous inmates," "tie judges' hands," and is "completely unnecessary" because the state's ongoing "realignment" is already shifting prisoners from the state to the county level. But the initiative's proponents rebut those charges, arguing that it "keeps dangerous criminals locked up," "prioritizes serious and violent crime," and "provides new funding for crime prevention and education."

California State Prison, Solano, and example of the state's voracious prison-industrial complex (cdcr.ca.gov)
"The reason I support this measure is simple: The more addiction and mental health services we provide to communities hardest hit by crime, the less likely another mom will find herself in my shoes. Having to tell your children that their daddy was shot and they will never see him again is something I wouldn't wish on anyone," said Dionne Wilson of Crime Survivors for Safety and Justice.

The group is a key part of the campaign and serves as a counterpoint to other crime survivors groups that oppose the initiative, such as Crime Victims United. That group has joined forces with law enforcement and the state district attorneys association to oppose Prop 47.

"When three out of four people go back to prison within three years -- and it's been that way for 30 years -- it's obvious that we need a new plan," Wilson continued. "This measure will save a ton of money that would be wasted on incarcerating nonviolent people for nonviolent crimes, which will then be reinvested into trauma care for victims, mental health services and drug treatment. I think that's what a sound public safety strategy looks like."

Prop 47 is also a response to the lack of action on the issue in Sacramento, or, more precisely, action thwarted in Sacramento. Last year, a defelonization bill sponsored by Sen. Jay Leno (D-San Francisco) passed the legislature, only to be vetoed by Gov. Jerry Brown (D).

"Unable to get meaningful sentencing reform through Sacramento, this initiative is a tremendous opportunity to make responsible and significant fixes to our broken criminal justice system by allowing simple drug possession and other non-violent petty crimes to be treated appropriately as misdemeanors, avoiding the lifelong collateral consequences that go along with felony records and the unsustainable court and incarceration costs that accompany mass felonization in California," explained Lynne Lyman, state director for the Drug Policy Alliance.

Prop 47 looks well-positioned to emerge victorious in November. But we're six weeks out now, and this is when initiative campaigns tend to heat up. The opposition is going to do its best to scare Californians into voting no, but it doesn't -- yet -- have enough money to make much of a media splash. At this point, it looks like California is on the verge of taking another big step toward addressing its chronic incarceration crisis.

CA
United States

Chronicle AM: Rahm Says Defelonize, Mex Prez Says Don't Legalize, Florida MedMJ Poll, More (9/23/14)

Thar's gold in them thar marijuana legalization laws, Seattle's prosecutor throws out pot possession tickets, Massachusetts medical marijuana advocates chastise the slow-moving state government, Rahm Emanuel wants to defelonize drug possession, and more. Let's get to it:

Chicago Mayor Rahm Emanuel calls for the defelonization of drug possession. (wikipedia.org)
Marijuana Policy

Legal Marijuana Sales in DC Could Net Nearly $9 Million in Tax Revenues. A report from NerdWallet estimates that the District of Columbia could net nearly $9 million a year from taxes on the sales of marijuana -- if taxation and regulation is approved in the District. The DC marijuana initiative, Measure 71, does not include provisions for taxation and regulation because DC law precludes it from doing so, but a tax and regulate legalization bill is already before the city council. The NerdWallet report also includes marijuana tax revenue projections for all 50 states.

DC Council Advances Effort to Seal Marijuana Possession Records. The DC Committee on Judiciary and Public Safety voted unanimously last week to approve B20-467, a bill that would allow people to file motions to seal records for offenses that have since been legalized or decriminalized. DC decriminalized marijuana possession earlier this year and could legalize it in November if Measure 71 passes, which means many DC residents would be able to take advantage of the law if it passes.

Seattle Prosecutor Will Drop All Pot Possession Charges. City Attorney Pete Holmes said Monday will dismiss about a hundred pot possession tickets issued by the Seattle Police Department in the first half of this year -- because most of them were written by a single police officer who disagrees with the state's marijuana legalization law. That officer, Randy Jokela, has been temporarily reassigned.

Medical Marijuana

Massachusetts Advocates Press State Leaders on Slow Implementation. Patients and advocates rallied Monday at the state house to put pressure on the Department of Health to speed up access to medical marijuana under the state's nearly two-year-old law. The rally was sponsored by the Massachusetts Patient Advocacy Alliance, whose leader, Matthew Allen, told reporters that Gov. Deval Patrick (D) had not lived up to his responsibility to implement the will of the voters.

Florida Campaign Internal Poll Has Initiative at 69%. The United for Care campaign, the people behind the Measure 2 medical marijuana initiative, released an internal poll Monday that showed support for the initiative at 69%. Because the initiative is a constitutional amendment, it needs 60% to pass. The internal poll release came after several recent polls showed the initiative hovering at the edge of defeat.

Harm Reduction

Drug Czar to Open Next Month's National Harm Reduction Conference. Michael Botticelli, the acting director of the White House's Office on National Drug Control Policy, better known as the drug czar's office, will provide the opening remarks for the 10th National Harm Reduction Conference set for Baltimore a month from now. Click on the title link or the conference link to learn more.

Sentencing

Chicago Mayor Calls for Statewide Defelonization of Drug Possession Offenses. Mayor Rahm Emanuel (D) today proposed before a General Assembly panel in Chicago that possession of up to a gram of any controlled substance be treated as a misdemeanor, not a felony, as is currently the case. Emanuel also proposed decriminalizing marijuana possession statewide. "It doesn't make sense that one arrest for a very small amount of a controlled substance can lead to a lifetime of struggles," Emanuel said. "It is time to put our sentencing policies in line with our values, reduce penalties for nonviolent, misdemeanor drug offenses so we don't put people in prison who need drug treatment."

International

Mexican President Opposes Marijuana Legalization. In an interview with Bloomberg News, President Enrique Pena Nieto said he opposes legalizing marijuana because that would be "opening the door to a large intrusion of drugs that is very damaging to the population." But he added that he was open to discussion on the issue. "I'm in agreement that we need to have a large debate in the hemisphere about the policies for this area, whether it's to tolerate or to legalize or to simply take a hemispherical definition," Pena Nieto said.

Peru Dynamiting Cocaine Plane Landing Strips, To No Avail. The Peruvian armed forces have been dynamiting clandestine airstrips in the world's number one coca growing region, the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM). But even though soldiers "cratered" 54 airstrips, Peru's counternarcotics chief, Gen. Vicente Romero, said that they were quickly repaired, with traffickers paying villagers up to $100 each to fill in the holes. Sometimes, he said, they get fixed overnight.

Iran Hangs 13 on Drug Charges. Iran has executed 13 people for drug crimes in the past week, including eight hanged in Shahab Prison in Kerman on September 18 and five, including two Pakistani women, hanged in Central Prison in Zahedan. Along with China and Saudi Arabia, Iran is one of the world's most prolific drug war executioners.

Chronicle AM: Joe McNamara Passes, Rand Paul Speech, OAS Drug Resolution, More (9/22/14)

Oregon's Measure 91 picks up a nice endorsement, a marijuana legalization vote in York, Maine, is snuffed out, decrim advances in the US Virgin Islands, Rand Paul tells the GOP to reach out on drug policy, Joe McNamara dies, the OAS passes a drug policy resolution, and more. Let's get to it:

Joseph McNamara in his days as San Jose Police Chief. (SJPD)
Marijuana Policy

Oregon Legalization Initiative Endorsed By Former US Attorney. Former Oregon US Attorney Kris Olson today endorsed Measure 91, the Oregon marijuana legalization initiative. "I enforced our marijuana laws, and they don't work," she said. "Filling our courts and jails has failed to reduce marijuana use, and drug cartels are pocketing all the profits." Olson was US Attorney for Oregon from 1994 to 2001. Meanwhile, the Oregon State Sheriff's Association has made a $100,000 donation to the No on 91 campaign.

York, Maine, Effort to Get Marijuana Vote on Ballot Thwarted. A state court judge last Friday rejected an effort to put a local marijuana possession legalization on the ballot in York. York County Superior Court Judge Paul Fritzsche sided with town councilmen, who had rejected two citizen petitions seeking the vote. Fritzsche ruled that York cannot regulate marijuana because it is governed by state and federal law. Two other Maine towns, Lewiston and South Portland, will vote in November. The state's largest city, Portland, approved a similar initiative last year.

US Virgin Islands Decriminalization Bill Wins Committee Vote. A bill that would decriminalize possession of small amounts of marijuana was approved by the Virgin Islands Senate Committee on Homeland Security, Public Safety, and Justice last Thursday. The measure is Bill 30-0018. It would make possession of an ounce or less of weed a civil offense punishable by a fine of between $100 and $200, with the possible forfeiture of the contraband.

Medical Marijuana

Today is Deadline Day for Illinois Medical Marijuana Business Applicants. People who want to operate medical marijuana businesses have until 3 pm CDT to hand in their applications to state agencies. The Illinois Medical Marijuana Pilot Program has more information.

Drug Policy

Rand Paul Calls on Republicans to Embrace Drug Reform, Other Non-Traditional GOP Planks. Sen. Rand Paul (R-KY) used a speech Saturday to the California GOP convention to call on the party to reach beyond its base by embracing issues such as drug reform, privacy in personal communications, voting rights, and an anti-interventionist foreign policy. Republicans need to "show compassion for people," especially young black and brown people disproportionately affected by the war on drugs. "If you look at surveys, it's not that they're using drugs more than your kids are using drugs, it's because they're getting caught because they live in an urban environment with more patrols, they have less good attorneys, they don't have the resources, and some of the laws are still frankly wrong," he said.

Law Enforcement

Pentagon Surplus Arms Program Let Military Weapons Go to Police Forces That Abused Civil Rights. The Pentagon's program to distribute surplus military equipment to US civilian police forces allows even agencies that have been censured by the Justice Department for civil rights violations to receive lethal weaponry. The Defense and Justice Departments have apparently not been coordinating on the program, the Associated Press reports.

Obituaries

Drug Reforming Police Chief Joe McNamara Dies at 79. One of the earliest law enforcement voices for drug reform is no longer with us. Former San Jose Police Chief Joseph McNamara died last Friday at his home in Monterey, California. He is credited with bringing progressive reforms to the San Jose Police Department in the 1970s. After retiring as police chief in 1992, he went to work at the Hoover Institution, where he continued and sharpened his criticism of the war on drugs. "He was the police chief who became the most deeply involved in the drug policy reform movement," said Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, who had worked with McNamara on issues for the past 25 years. "He was convinced the drug war was a total disaster and he needed to speak out about that."

International

OAS Issues Resolution on Drug Policy. At its 46th Special Session in Guatemala City last Friday, the Organization of American States passed a resolution calling for states to "regularly review the drug policies adopted, ensure that they are comprehensive and focused on the well-being of the individual, in order to address their national challenges and assess their impact and effectiveness." The resolution also called on states to develop drug policies "that prevent social costs or contribute to their reduction; and, when appropriate, reviewing traditional approaches and considering the development of new approaches, based on scientific evidence and knowledge." And it calls for states to develop comprehensive approaches that examine "the structural causes, triggers, and the multiple factors that contribute to violence and crime" with a view to taking them into account when drafting the 2016-2020 Hemispheric Plan of Action on Drugs. Click on the link to read the OAS press release.

Chronicle AM: DC Pot Poll, NM Pot Poll, Molly Fry Petition, EU Sides with Bolivia on Coca, More (9/19/14)

A pair of marijuana polls have good news for DC, but not so good for New Mexico, there's a move on to get Dr. Molly Fry out of federal prison, Ohio employers are pushing drug testing for students, the EU sides with Bolivia -- not the US -- on that country's coca policy, and more. Let's get to it:

Dr. Molly Fry's supporters have started a petition drive seeking a pardon for the medical marijuana practitioner. (change.org)
Marijuana Policy

New Poll Has DC Initiative at 65%. A new Washington Post/NBC News/Marist poll has the DC marijuana possession and cultivation legalization initiative Measure 71 winning easily with the support of nearly two-thirds of likely voters. That's the highest number ever polled for an actual legalization initiative. Click on the poll link for more information.

New Poll Has Legalization Coming Up Short in New Mexico. An Albuquerque Journal poll suggests it may be a good thing New Mexicans aren't voting on legalization this year. The poll asked whether respondents supported legalizing marijuana for adults with a tax and regulation scheme similar to Colorado. Only 44% were in favor, with 50% opposed. Click on the title link for more information.

Medical Marijuana

Change.org Petition to Free Dr. Mollie Fry. California medical marijuana advocate Dr. Mollie Fry is sitting in federal prison for providing the drug to sick patients. Supporters have organized a Change.org petition seeking a pardon for her. As of this writing, there are only 27 signatures. You can add yours by clicking on the title link.

Drug Testing

Ohio Industry Groups Urge Schools to Drug Test Vocational Education Students. The Mahoning Valley Manufacturer's Coalition and the Youngstown/Warren Chamber of Commerce have sent a letter to schools in Columbiana, Mahoning, and Trumbull counties urging them to drug test students who enroll in vocational training programs. While somewhere between 20% and 30% of school districts nationwide subject some students to drug testing, this is the first time we've heard of employers directly lobbying schools to do so.

International

European Union Agrees With Morales, Not Obama, on Bolivia's Coca Policy. The Obama administration this week certified that Bolivia had "failed demonstrably" to live up to US drug policy mandates, but the European Union has joined Bolivian President Evo Morales in strongly disagreeing. "In my opinion, the work we have achieved has been successful, the results as well are visible in the successful and sustained reduction of the coca production in the country, and successes as well related with the prohibition," said Timothy Torlot, head of an EU delegation in Bolivia. "My experience here, working with the Bolivians, is one of a government that seriously executes its work, that has proved its results, no need to talk with the US government about that," he added.

Non-Binding Referendum on Marijuana in Mexican State of Jalisco. The state of Jalisco, home to Guadalajara, the country's second largest city, has begun voting on a non-binding referendum on marijuana policy. The referendum asks whether medical marijuana should be legalized and whether personal possession limits should be increased. Voting takes place through Sunday. So far, medical marijuana is winning approval, but increasing possession limits is not. After the referendum, PRD legislator Enrique Velazquez will present a bill in the state congress.

Luxembourg Justice Minister Says It Is Time to Rethink Drug Policy, But Rules Out Marijuana Legalization. Justice Minister Felix Braz told the newspaper Luxemburger Wort that the country needs to rethink its drug policy, saying that criminalization and repression have not had the desired results. Braz pointed to increasing drug problems in the country. "I am convinced that we cannot help these people only through criminal justice measures," the Justice Minister said. "The fact that drug consumption increases steadily, leads us to the conclusion that we need to rethink our drugs policy. With an open spirit, we need to search for alternative solutions to get the problem under control," he added. But Braz also said that the coalition government of which he is a member is not going to legalize marijuana. Marijuana is effectively decriminalized in Luxembourg.

Chronicle AM: NFL Relaxes Marijuana Policy, Bolivia Rejects US Criticism, Aussie PM Supports MedMj, More (9/18/14)

MPP fights to get a third local Maine initiative on the ballot, Florida CBD cannabis oil growers fight for better rules, the NFL relaxes its marijuana policy, Bolivia's president rejects US claims on drugs, Australia's prime minister supports medical marijuana, and more. Let's get to it:

Bolivian President Evo Morales shrugs off US criticism of his country's drug policies. (wikimedia.org)
Marijuana Policy

MPP Files Complaint to Get York, Maine, Initiative on Ballot. The Marijuana Policy Project filed a complaint yesterday in York County Superior Court seeking a temporary injunction to force the town Board of Selectmen to put a possession legalization question on the November ballot. The board has twice refused to put the matter to voters, despite petitioners gathering enough signatures to put the measure on the ballot. The complaint seeks a hearing by tomorrow. Similar initiatives are already set for Lewiston and South Portland; Portland voted to legalize it last year.

Medical Marijuana

Florida CBD Cannabis Oil Program Delayed After Growers Complain About Proposed Rules. The Department of Health's issuance of proposed rules on who could qualify for one of five licenses to grow low-THC, high-CBD medical marijuana under a new state law have run into stiff opposition from potential growers. The growers have filed challenges to the rules, and now an administrative judge must deal with those challenges. He has up to 60 days to do so.

Drug Policy

NFL, Players Agree on New Drug Policy, League Eases Up on Marijuana. The league's new drug policy allows for immediate testing for the presence of human growth hormone (HGH). It also raises the acceptable level of THC found in a player's system from 15 nanograms per millileter to 35 nanograms. The change in policy will allow several suspended players to return immediately; others will see the lengths of their suspensions reduced.

Opiates

Senator Whitehouse Files Bill to Address Prescription Opiate, Heroin Use. Sen. Sheldon Whitehouse (D-RI) yesterday introduced SB 2389, "a bill to authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use." The next of the bill is not yet available online. The bill heads to the Senate Judiciary Committee.

North Carolina Conference on Heroin Set for February. The North Carolina Harm Reduction Coalition, legislators, medical professionals, law enforcement, and heroin users and people impacted by its use will hold a conference in February to discuss legislative solutions to heroin use and heroin-related drug overdoses. Click on the link for more information.

International

Irish Review Calls for Easing Drug Laws. A government study of sentencing policy has called for an easing of mandatory minimum sentences for serious drug dealing offenses, which currently stand at 10 years. The Strategic Review of Penal Policy also recommends increasing the monetary threshold that triggers serious drug dealing charges, which is currently at about $20,000. And it calls for increasing "good time" for good behavior in prison from 25% to 33%.

Bolivia Rejects US Claim It Hasn't Done Enough to Curtail Drug Production. Bolivian President Evo Morales, a coca growers' union leader, rejected the White House's designation last week of Bolivia as one of three countries (along with Burma and Venezuela) that had failed to comply with US drug policy mandates. "Whatever they do and whatever they say, or yell from the United States, the people won't be confused by this type of information," Morales said Wednesday in a speech. Although the US complains that "illegal cultivation for drug production remains high," the UNODC said in June that coca leaf production in Bolivia last year had declined 9% and was at the lowest level since 2002.

Mexico Orders 18 Black Hawk Helicopters for More Better Drug War. The Pentagon announced this week that it has awarded a $203 million contract to Sikorsky to build 18 UH-60M Black Hawk helicopters for the Mexican Air Force. That contract doesn't include the cost of engine and mission systems; the total cost for supplying the choppers will be about $680 million. Mexico will use the choppers "to enhance its counter-narcotics capabilities."

Australia Prime Minister Backs Medical Marijuana. Prime Minister Tony Abbott has written in a letter to a radio host saying he is prepared to support legalizing medical marijuana. "I have no problem with the medical use of cannabis, just as I have no problem with the medical use of opiates," Abbott wrote. "If a drug is needed for a valid medicinal purpose though and is being administered safely there should be no question of its legality. And if a drug that is proven to be safe abroad is needed here, it should be available. I agree that the regulation of medicines is a thicket of complexity, bureaucracy and corporate and institutional self interest. My basic contention is that something that has been found to be safe in a reliable jurisdiction shouldn't need to be tested again here."

South Africa Medical Marijuana Bill Gets Support of Christian Democrats. The Medical Innovation Bill, which would allow for the use of medical marijuana, has gained the support of the African Christian Democratic Party. The bill was reintroduced by an Inkatha Party member last week, and the governing African National Congress Party approved letting it move forward.

Bill Filed to Rein in Police Militarization [FEATURE]

Concerns about the militarization of American policing have been on the increase for some time now, but have crystallized in the wake of the heavy-handed police response to the killing earlier this summer of black teenager Michael Brown in Ferguson, Missouri.

Soldiers or police? It's the latter. (hankjohnson.house.gov)
For years, observers have noted the SWAT mission creep, where sending paramilitarized police units to deal with rare mass attacks and hostage-taking events has transmuted into the routine use of SWAT for things like serving drug search warrants. A recent ACLU report documented this trend, finding that 62% of all SWAT teams had been deployed for drug raids. And public anger over police killings -- especially of young men of color -- has been on the increase as well.

In the past decade, affairs have only accelerated as police departments around the land have availed themselves of Congress's largesse in letting them pick up surplus military equipment for free, bringing home Humvees and MRAPs, as well as all kinds of armaments and military get-up. Under the weight of all that gear, policemen who used to look like Officer Friendly have taken on the appearance of imperial storm troopers.

That has all taken place under the Pentagon's 1033 program, which allows the transfer of such equipment from war zones in Iraq and Afghanistan state and local law enforcement agencies without charge. But, critics claim, while appropriate as war materiel, much of this equipment is not suited for civilian law enforcement purposes.

Law enforcement's resort to military equipment against largely peaceful civilian protestors in Ferguson, with armored vehicles moving in to confront teenagers wearing shorts and sniper rifles aimed from turrets at local residents put the issue front and center in the national consciousness.

There were congressional hearings on the topic last week, and today, a bipartisan pair of congressmen, Reps. Hank Johnson (D-GA) and Raul Labrador (R-ID), announced that they had filed a bill to rein in the Department of Defense program that transfers surplus military equipment to state and local law enforcement agencies.

Police militarization is an attitude, too. (BCSO)
"Militarizing America's main streets won't make us any safer, just more fearful and more reticent," said Johnson in a statement announcing the bill. "Before another small town's police force gets a $750,000 gift from the Defense Department that it can't maintain or manage, it behooves us to press pause on Pentagon's 1033 program and revisit the merits of a militarized America."

The bill is HR 5478, the Stop Militarizing Law Enforcement Act of 2014. It would:

  • Prevent transfers of equipment inappropriate for local policing, such as high-caliber weapons, long-range acoustic devices, grenade launchers, armed drones, armored vehicles, and grenades or similar explosives.
  • End incentives to use equipment in circumstances when the use is unnecessary. Under the 1033 program, local police are required to use the equipment within a year, incentivizing towns to use it in inappropriate circumstances.
  • Require that recipients certify that they can account for all equipment. In 2012, the weapons portion of the 1033 program was temporarily suspended after DOD found that a local sheriff had gifted out army-surplus Humvees and other supplies. This bill would prohibit re-gifting and require recipients to account for all equipment received from DOD.
  • Remove any reference to counterdrug operations from the program, thus ensuring that law enforcement is not incentivized to use the equipment to perform arrests of those suspected of being low-level, non-violent drug offenders.

"Our nation was founded on the principle of a clear line between the military and civilian policing," said Labrador. "The Pentagon's current surplus property program blurs that line by introducing a military model of overwhelming force in our cities and towns. Our bill would restore the focus of local law enforcement on protecting citizens and providing due process for the accused."

The bill also adds requirements to enforce tracking mechanisms that keep up with and control transfers of the equipment, implement policies ensuring that police agencies can't surplus the equipment for resale and define drones more clearly. It would also specify that the use of MRAPs, grenades, and drones is not appropriate for civilian law enforcement.

In addition to Johnson and Labrador, the bill's original cosponsors are Reps. Justin Amash (R-MI), John Conyers (D-MI), Tom McClintock (R-CA), and Jim Moran (D-VA).

The move is winning kudos from drug reform organizations.

Just what every small town police department needs. (Doraville PD)
"Very occasionally and with proper oversight and training, the use of some military equipment is appropriate -- school shootings, terrorist situations and the like," said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. "But when it's routinely used against nonviolent drug offenders, it only serves to further strain police-community relations so vital to preventing and solving violent crime. This bill will correct some of the worst excesses of a potentially useful program hijacked by the war on drugs."

"In light of what we all saw in Ferguson, Missouri, the American people are clamoring for law enforcement to become less militarized. Grenades, drones, and tanks may belong on the battlefield; they certainly don't have a place on US streets," said Michael Collins, policy manager at the Drug Policy Alliance's Office of National Affairs. "Such militarization is inextricably linked to the drug war, where SWAT teams and no-knock raids have become a routine part of drug arrests, even in the case of nonviolent offenders."

The bill is a good first step in reining in law enforcement militarization, he said.

"This legislation is a thoughtful attempt at tackling a very worrying problem -- the militarization of law enforcement," Collins said. "The Pentagon program is highly problematic because preferential treatment is given to those police forces that use their equipment to fight the drug war. This bill would end that, and move us away from a heavy-handed approach to drug policy."

Washington, DC
United States

Chronicle AM: Obama Names Drug Producing Countries, CDC Overdose Report, CA Narcan Law, More (9/16/14)

Congress is back and bills are picking up cosponsors, Guam will vote on medical marijuana, Wyoming moves toward ending civil asset forfeiture reform, the president names drug producing and transit countries (again), and more. Let's get to it:

The rate of increase in opiate OD deaths is slowing. (CDC/NCHS)
Marijuana Policy

Preserving Welfare for Needs Not Weed Act Picks Up New Sponsor. The bill, HR 4137, would "prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale." Introduced in March by Rep. David Weichert (R-WA), the bill now has 16 cosponsors, all Republicans. The latest is Rep. Kevin Brady (R-TX). The House Speaker has indicated the bill could see action this week.

Medical Marijuana

Charlotte's Web Medical Hemp Act of 2014 Picks Up New Sponsors. The bill, HR 5526, would exclude low-THC, cannabidiol-based medicines from the definition of marijuana under the Controlled Substances Act. The latest cosponsors are Reps. Walter Jones (R-NC), Jan Schakowsky (D-IL), and Tom McClintock (R-CA). The bill now has 24 cosponsors -- 14 Democrats and 10 Republicans.

Guam Medical Marijuana Legislative Initiative Published, Pro and Con Arguments Sought. The Guam Election Commission has released the text for Proposal 14A, the legislatively-initiated medical marijuana measure that will go before voters in November. The election commission is urging opponents and proponents of the measure to submit written arguments not exceeding 500 words by this Friday.

At Harrisburg Rally, Top Pennsylvania House Republican Says He Supports Medical Marijuana Bill. State Rep. Mike Vereb (R-Montgomery) told a rally on the capitol steps Monday that he now supports pending medical marijuana legislation. This could be a sign that Republican opposition to Senate Bill 770 in the House is softening. The bill has some bipartisan support in the Senate, but the session only has a month left.

Asset Forfeiture

Wyoming Legislative Committee Votes to Sponsor Bill to End Civil Asset Forfeiture. The legislature's Joint Judiciary Interim Committee voted last Thursday to sponsor a draft bill for next year's legislative session that would end civil asset forfeiture in the state. The draft bill is 15LSO-009. Under the bill, defendants would have to be convicted of a crime before property could be seized, they would have to be told what property is being considered for seizure, and, if they are convicted of a crime, they could challenge the forfeiture and request a hearing.

Drug Policy

In Annual Determination, White House Names 22 Countries as Major Drug Producers or Transit Countries. The White House has named the following countries as "major drug transit or major illicit drug producing countries:" Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. Among that group, the determination singles out Bolivia, Burma, and Venezuela as "having failed demonstrably" to undertake drug war policies to Washington's liking. But it also says Washington will keep supplying aid to Burma and Venezuela because it is "vital to the national security interests of the United States."

Harm Reduction

California Governor Signs Naloxone Access Expansion Bill. Gov. Jerry Brown (D) Monday signed into law Assembly Bill 1535, which allows pharmacists to furnish the overdose reversal drug naloxone (Narcan) without a prescription. Previously, the drug was only available with a prescription or through a handful of programs throughout the state.

Prescription Pills

CDC Finds Slowing Rate of Increase in Prescription Opiate Overdose Deaths. Opioid pain relievers were involved in about 11,700 drug overdose deaths in 2011, up about four-fold over 1999, but the rate of increase in such deaths has leveled off since 2006, according to a report from the Center for Disease Control and Prevention's National Center for Health Statistics. But while ODs from opiates alone seem to be stabilizing, ODs from a combination of opiates and benzodiazepines were on the increase, with benzos involved in 31% of opiate ODs in 2011, up from 13% in 1999.

Sentencing

Second Chance Reauthorization Act Gets New Sponsor. The bill, HR 3465, would amend the Second Chance Act of 2007 to allow continued authority for grants for drug treatment in prisoner reentry programs. The bill has 41 cosponsors -- 33 Democrats and eight Republicans -- with the latest being Rep. Rodney Davis (R-IL).

House Smarter Sentencing Act Gets New Sponsor. The bill, HR 3382, would reduce mandatory minimum sentences for some drug offenses, allow for applications for resentencing for some crack offenders, and allow judges to sentence beneath mandatory minimums in some cases. The bill has 50 cosponsors -- 36 Democrats and 14 Republicans -- with the latest being Rep. Judy Chu (D-CA).

CBO Says Senate Smarter Sentencing Act Would Save $3 Billion Over Next Decade. The bill, SB 1410, would reduce Justice Department corrections spending by about $4 billion, but would also result in about $1 billion in costs related to ex-offenders receiving federal benefits earlier than they otherwise would have, the Congressional Budget Office reported. The bill would see about 250,000 prisoners released earlier than they would have been over the next decade.

International

Australia's Victoria State to See Government-Sponsored Medical Marijuana Bill. Victoria Health Minister David Davis said a bill to make it easier to conduct medical marijuana clinical trials will be introduced today.

Chronicle AM: WaPo Just Says No, WV Pain Clinics Using Narcs, More (9/15/14)

The Washington Post just says no to the DC marijuana initiative, the Oregon initiative sees a lively debate, the Madison, WI, police chief says legalize it, another drug war death, West Virginia pain patients are getting screened by narcs -- and paying for the privilege! -- and more. Let's get to it:

Imprisoned Vietnamese drug users working at a "rehabilitation center" in 2011 (hrw.org)
Marijuana Policy

Washington Post Counsels "No" Vote on DC Initiative. The editorial board of The Washington Post came out Sunday against DC's Initiative 71 legalizing the possession and cultivation of small amounts of marijuana. The paper noted that it had supported DC's recent decriminalization, but worried about "the rush to legalize marijuana." The paper warned that marijuana is "a dangerous drug" and "a gateway to more dangerous drugs." It also warned of "negative consequences" of legalization in Colorado, citing contentious information from the anti-legalization group Project SAM.

Legalization Debated in Oregon. The Salem City Club was the site of an hour-long debate last Friday over the legalization initiative, Measure 91. US Rep. Earl Blumenauer (D-OR) represented the "pro" side, while Clatsop County DA Josh Marquis represented the "con" side. Click on the title link for the flavor of the debate.

York, Maine, Initiative Still Up in Air. Will residents of York get to vote on marijuana possession legalization this year or not? The city council has rejected an initiative petition, but organizers were expected to submit a notarized version of the signatures to the town clerk, which would put the measure on the ballot. That hasn't happened yet. The Coalition for a Safer Maine only has until Friday, but the town clerk is now saying signatures may have to be re-gathered. The Coalition is considering its options. Similar initiatives are already on the ballot in Lewiston and South Portland, and Portland passes its own measure last year.

New York State Senator Says She Will Introduce Legalization Bill. Sen. Liz Krueger (D-Manhattan) said Sunday she will introduce a bill to legalize marijuana. "I will push for taxation and regulation of marijuana," she said. "I continue to work with experts around the country and to evaluate laws and regulations being put into place now." She introduced a similar bill last session that went nowhere, but she said progress on medical marijuana and factional realignments in Albany made her hopeful. "I see more hope in a Democratic majority for… pieces of legislation that weren't going anywhere," she said.

Madison, Wisconsin, Police Chief Says Legalize It. Police Chief Mike Koval came out in favor of marijuana legalization last week, saying it should be taxed and regulated, with revenues used to provide treatment for hard drug users. The war on drugs in general and on marijuana in particular has been "an abject failure," he said. "We've done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it's time to reorder and triage the necessities of what's more important now," he added.

Medical Marijuana

Florida Republican County Chairs Oppose Medical Marijuana Initiative. GOP county chairs voted last Friday to oppose Amendment 2, the state's medical marijuana constitutional amendment. They worried it would lead to widespread access to marijuana. "I do not want to see Florida turned into the pot capital of the world," said Volusia County GOP chair Tony Ledbetter, in a remark typical of Republican concerns.

Drug Testing

Wisconsin's Republican Governor Comes Out for Public Benefits Drug Testing. In a tough race for reelection, Gov. Scott Walker has come out with a proposal to drug test people seeking food stamps or unemployment benefits and he is looking for a fight with the federal government over it. The notion is politically popular, but legally and constitutionally problematic. Walker's opponent, Democrat Mary Burke, has derided Walker's plan as a campaign stunt.

Pain Treatment

West Virginia Pain Clinics Using Former Narcs to Screen Patients. People seeking medical assistance at the Hope pain clinics in Beckley, Fairmont, and Kanawha City now must undergo screening by former narcotics officers -- and pay for the privilege. The clinics are charging patients $150 to be fingerprinted, photographed, drug tested, background checked, and interviewed by the former narcs. The work is doing by a private company, but some state legislators said it should be doctors -- not police -- who are reviewing and monitoring patients.

Law Enforcement

House Judiciary Committee Hearing Thursday on DEA Oversight. The House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will meet Thursday for a hearing on DEA oversight. The only scheduled witness is DEA Administrator Michele Leonhart. Click on the link for more details.

19-Year-Old City Oklahoma Woman Shot By Cops Is Year's 33rd Drug War Fatality; Boyfriend Now Charged With Murder. An Oklahoma City woman was shot and killed by police as she attempted to drive away from a drug bust and hit an officer on foot earlier this month. Karen Cifuentes, 19, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year. Cifuentes was apparently the girlfriend of passenger Juan Manuel Aguilera Perez, 24, who reportedly threw a bag of cocaine from the car as the pair fled. Perez is now charged with first degree murder, possession of a controlled substance with intent to deliver, and possession of drug proceeds ($400 in cash). Because Perez's was allegedly in the midst of the commission of a felony -- drug sales -- when police shot Cifuentes, under Oklahoma law he can -- and has been -- charged with murder in her death.

International

Parliamentary Citizen's Initiative for Marijuana Legalization Now Third Most Successful in Austrian History. A parliamentary citizen initiative asking for marijuana legalization has now been signed by 22,392 Austrians, making it the third most successful such petition in the country's history. "This huge success motivates us to organize a parliamentary hearing in order to reduce information deficits as most Austrian politicians still reject any legalization moves," said Bernhard Amann, chairman of Legalize!Österreich.

Hundreds of Vietnamese Drug Users Flee Compulsory "Rehabilitation Center." At least 400 inmates at a compulsory drug treatment "rehabilitation center" escaped on Sunday after breaking down the gates of the center near Hai Phong City. Drug users in Vietnam are regularly arrested and sent to compulsory treatment programs, a practice that has been denounced by human rights groups. A local official was quoted as saying that the men had escaped to pressure authorities for "better policy." They can be held for up to three years in the treatment centers, which Human Rights Watch has called "little more than forced labor camps."

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

Chronicle AM: Mexican Coca, Saudis Behead Another Trafficker, Feds Raid LA Fashion District, More (9/11/14)

A federal CBD medical marijuana bill picks up more sponsors, so does a federal asset forfeiture reform bill, Georgia advocates want whole whole plant medical marijuana, Mexico's first coca patch is busted, Saudi Arabia beheads another drug offender, and more. Let's get to it:

Coca plant. Mexico has found its first plantation. (unodc.org)
Marijuana Policy

York, Maine, Selectmen Refuse to Put Legalization Initiative on Ballot, But… Town selectmen voted against putting the initiative from Citizens for a Safer Maine on the November ballot, but since petitioners have already gathered sufficient signatures to force the issue, they can get their petition notarized to be placed on the ballot. York will join Lewiston and South Portland in voting on initiatives this year; Portland approved one last year.

Medical Marijuana

Charlotte's Web Medical Hemp Act Picks Up More Sponsors. The Charlotte's Web Medical Hemp Act (HR 5226), which would exclude cannabidiol (CBD) from the definition of marijuana, has gained new sponsors. It now has 19 cosponsors -- 11 Democrats and eight Republicans. The latest are Reps. Ann Wagner (R-MO), Matthew Cartwright (D-PA), and Chris Stewart (R-UT).

Georgia Advocates Call for Whole Plant Medical Marijuana, Not Just CBD Oil. As legislative hearings in Macon continue to examine the use of CBD oil, medical marijuana advocates are calling for whole plant medical marijuana. "The cannabis plant contains many compounds that have proven to be effective in treating a variety of conditions," said Georgia C.A.R.E director James Bell. "We should not be determining who can and cannot benefit from this healing plant."

Asset Forfeiture

Civil Asset Forfeiture Act Picks Up New Sponsors. The bill, HR 5212, now has five cosponsors. The latest are Reps. Stevan Pearce (R-NM), Cynthia Lummis (R-WY), and Reid Ribble (R-WI). All cosponsors so far are Republicans. The bill, filed by Rep. Tim Wahlberg (R-MI), would increase citizen protections against federal asset forfeiture actions.

Law Enforcement

Feds Raid LA Fashion District in Cartel Money Laundering Probe. More than a thousand law enforcement officers spread out across LA's fashion district Wednesday, raiding more than 60 warehouses, storefronts, and residences, arresting nine people and seizing $65 million in cash that they said was being laundered for Mexican drug trafficking organizations. The feds called the mass bust Operation Fashion Police.

International

OAS Head Claims Regional Consensus on Drug Reform. Speaking in front of the Inter-American Dialog in Washington, DC, Organization of American States (OAS) Secretary General Jose Miguel Insulza said Wednesday that regional leaders have reached consensus on four drug policy reform issues: to emphasize a public health approach, to seek out alternatives to incarceration, to stay strong against organized crime, and to work on strengthening regional institutions. Insulza's remarks come ahead of an OAS Special General Assembly to be held in Guatemala next week.

Mexico's First Coca Plantation Discovered in Chiapas. Mexican soldiers have seized more than 1,600 coca plants being cultivated in southern Chiapas state, near the Guatemalan border. Mexican military and UN Office on Drugs and Crime (UNODC) officials said it was the first time coca planting had been discovered in the country. "It's a pretty troubling discovery," said UNODC Mexico representative Antonio Mazzitelli. It could amount to "a small-scale experiment to see if there is a possibility of replicating" coca production in Mexico. Coca is currently grown only in the Andes, although there is nothing stopping it from being cultivated elsewhere.

Saudi Arabia Beheads Another Drug Offender. Authorities in Saudi Arabia Tuesday beheaded a Pakistani national convicted of smuggling "a large quantity of heroin." They have executed at least seven other drug traffickers in recent weeks, and 49 people overall so far this year. It's unclear how many of the 49 were drug offenders.

Drug War Issues

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