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House Farm Bill Does Not Have Food Stamps Drug Testing!

Phil reported yesterday that the House version of the US Farm Bill includes language authorizing industrial hemp production by universities for research. The full text of the bill can be read here -- look for "SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH" to read the hemp-related language.

There's more good news, which is that the bill as passed this week omits language passed in a previous version of the Farm Bill that would encourage states to drug test Supplemental Nutritional Assistance Program (SNAP -- formerly known as "food stamps") recipients. When the legislation was first passed last June (under a different bill number), it had both the (good) hemp language and the (bad) drug testing language.

In Breakthrough, Farm Bill Includes Hemp Amendment [FEATURE]

The omnibus federal farm bill approved by Congressional conference committee negotiators this week and destined to be quickly signed into law includes the hemp amendment that was approved by the House last year before the bill blew up over Republican efforts to cut food stamp spending. The final version of the farm bill passed the House Wednesday morning.

hemp field at sunrise (votehemp.com)
Originally introduced by Representatives Jared Polis (D-CO), Thomas Massie (R-KY) and Earl Blumenauer (D-OR), the hemp amendment doesn't legalize hemp production, but it does allow for research on industrial hemp by universities and state agriculture departments in the 10 states that have approved hemp production. There are two bills pending in Congress that would legalize hemp; they are House Resolution 525, the "Industrial Hemp Farming Act of 2013," and the companion legislation, Senate Bill 359.

The 10 states that have already passed laws allowing hemp production are California, Colorado, Kentucky, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia, and the vote comes as even more states are showing an interest in hemp. Hemp bills have been introduced in 11 states this year, including Hawaii, Indiana, Nebraska, New Jersey (carried over from 2013), New York, Oklahoma, South Carolina, Tennessee, Washington (two bills were carried over from 2013) West Virginia, and Wisconsin.

"Although I strongly opposed the Republican Farm Bill, I was pleased to see that the bipartisan amendment that I offered with Representatives Blumenauer and Massie was included in the final bill that passed the House of Representatives today," said Rep. Polis. "This common sense amendment will allow colleges and universities to grow and cultivate industrial hemp for academic and agricultural research purposes in states where industrial hemp cultivation is already legal. I look forward to working with my colleagues in the Senate to ensure that this language becomes law."

"This is an important victory for farmers, manufacturers, and consumers in Kentucky and across the country. Our amendment paves the way for production of industrial hemp by first allowing America's academic and research institutions to demonstrate that hemp and the products derived from hemp present a great economic opportunity for our country," said Rep. Massie. "The inclusion of our industrial hemp amendment in the farm bill reflects widespread support for cultivating industrial hemp and proves Congress can work together in a bipartisan fashion to help the American economy at a time when creating jobs is a national priority."

hemp supporter Rep. Jared Polis (D-CO) (house.gov)
"With the U.S. hemp industry estimated at over $500 million in annual retail sales and growing, a change in federal law to allow for colleges and universities to grow hemp for research would mean that we will finally begin to regain the knowledge that unfortunately has been lost over the past fifty years," says Vote Hemp President, Eric Steenstra. "The American Farm Bureau Federation announced their opposition to the controlled substance classification of hemp earlier this month, and now passage of this amendment means America can get on track to once again become the predominant producer and manufacturer of hemp -- one of the most versatile and ecological industrial crops on the planet."

The hemp amendment was among the few provisions in the farm bill that had not been previously approved by both houses of Congress. That it made it into the final version of the farm bill was a testament to the bill's support, and to some key supporters, Steenstra told the Chronicle Wednesday.

"Senator Wyden introduced an amendment to the Senate farm bill that was more expansive than the House version, but the leadership limited the votes severely and our provision never got a vote," Steenstra explained. "That, combined with the fact that Senator Leahy had basically cleared it through Judiciary, allowed it to go forward. But ultimately, Senator McConnell and other conferees spoke up for it."

Both McConnell and his fellow Kentucky US senator, Rand Paul, have been ardent hemp supporters, supporting legislation both at the state level and now, in Washington.

"This is an important victory for Kentucky's farmers, and I was pleased to be able to secure this language on behalf of our state," McConnell said in a statement issued Tuesday. "By giving states the go-ahead to cultivate hemp for pilot programs, we are laying the groundwork for a new commodity market for Kentucky farmers. By exploring innovative ways to use hemp to benefit a variety of Kentucky industries, while avoiding negative impact to Kentucky law enforcement's efforts at marijuana interdiction, the pilot programs authorized by this legislation could help boost our state's economy."

Senate Minority Leader Mitch McConnell (R-KY) played a key role. (senate.gov)
"We think this is pretty significant," Steenstra said. "It's an excellent first step to revitalize what was once a proud and significant industry in this country. A big part of our farming economy has been lost, and we have to work to recover it."

The bill not only allows universities to do hemp research, Steenstra noted, but it also allows state agriculture departments to do pilot studies.

"That's a little bit more expansive than just research," he said. "The can look into things like marketing and cultivation of hemp, and that's a significant opportunity for the 10 states where it is legal."

Steenstra didn't think inclusion of the hemp amendment in the farm bill would take the oomph out the pending hemp legalization bills.

"We've made it very clear, and all of our supporters in Congress understand this, that this is just a first step," he said. "There are a lot of people anxious to grow hemp, and this won't really solve that. We will be able to get some crops in the ground and show that hemp is not the boogie man we feared, but commercial farmers still won't be able to grow it until we get those bill passed."

Although hemp proponents are careful to draw a bright line between industrial hemp and psychoactive marijuana, the growing national debate over -- and acceptance of -- marijuana has been a help rather than a hindrance, Steenstra said.

"The reality is that hemp has been caught up in marijuana policy for 70-some years," he noted. "There is no way to deal with hemp policy without looking at overall marijuana policy. These are two separate tracks, but at the same time, having a lot of people looking at marijuana policy has been a good thing for hemp."

New leadership at the DEA would be a good thing, too, Steenstra said, moaning aloud as he recounted DEA Administrator Michele Leonhart's comment last week that the low point of her career was seeing a hemp flag fly over the US capitol.

"Of all the things she should be down about, she complains about a flag made out of non-drug hemp fiber," he said."We're hoping a more enlightened DEA head will come in and replace her and bring some sanity to policy over there."

Washington, DC
United States

Medical Marijuana Update

The Colorado Supreme Court will take up an important medical marijuana employment rights case, Connecticut selects marijuana producers, Massachusetts gets ready to announce who gets dispensaries, California localities keep moving to restrict cultivation, and more. Let's get to it:

California

Last week, Fremont delayed moving ahead with a ban on visible outdoor grows. Police and city planners had hoped to enact the ban, but the Planning Commission raised concerns about the hazards of indoor cultivation if growers are all pushed indoors. "With indoor cultivation, there are increased fire hazards, more spikes in illegal electricity use that is off the grid, and increased environmental degradation, such as mold," said Commissioner David Bonaccorsi. The Planning Commission voted 4-3 last week against the plan, but that vote is not binding, and the city council could approve the ban at its February 11 meeting.

On Tuesday, the Shasta County board of supervisors voted to ban all outdoor grows. The vote was unanimous and goes into effect in 30 days. The move also restricts indoor grows to 12 plants or fewer. The board had originally proposed allowing outdoor grows on parcels on 10 acres of more, but went for the tougher line after Sheriff Tom Bosenko told the supervisors that a complete ban on all outdoor grows would make it easier to enforce, saying that if someone saw a garden, then it was obviously illegal.

Also on Tuesday, the Butte County board of supervisors approved tough new grow rules for the second time. The rules would limit the size of medical marijuana grows to 150 square-feet on properties 10 acres or larger, 100 square-feet on properties five to 10 acres, and 50 square-feet on properties from a half-acre to five acres. On lots smaller than a half-acre, only indoor grows of less than 120 square-feet would be allowed in a building dedicated to the crop. The vote was unanimous. A final vote is set for February 11.

Colorado

On Monday, the state Supreme Court said it would take up a medical marijuana employment case. Brandon Coats, a quadriplegic, was fired from his job for using marijuana during his off hours. The court said it would look not just at whether a special Colorado law that protects legal off-the-clock activities covers marijuana. For the first time, the court announced it will also look at whether Colorado's constitution gives medical marijuana patients a right to cannabis. Colorado's Court of Appeals has previously ruled that patients don't have a right to use marijuana and that employers can fire workers for any marijuana use.

Connecticut

On Tuesday, state officials announced the selection of four medical marijuana producers. Consumer Protection Commissioner William Rubenstein, joined by Governor Dannel Malloy, Lt. Governor Nancy Wyman and other officials, announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. The anointed growers are Advanced Grow Labs, LLC of West Haven, Connecticut Pharmaceutical Solutions, LLC of Portland, Curaleaf, LLC of Simsbury, and Theraplant, LLC of Watertown.

Georgia

On Tuesday, a bill to allow epileptic children to use high-CBS cannabis oil was filed. State Rep. Allen Peake (R-Macon) said he was moved to file it after hearing from the parents of desperately ill children.

Massachusetts

On Monday, the Department of Public Health said it would issue licenses this week for up to 35 dispensaries. Under state law, each county can have up to five dispensaries.

Oregon

Last Thursday, the Ashland city council voted to allow dispensaries. It had previously enacted an ordinance effectively banning them by enacting a provision that allowed business licenses to be denied for unlawful activity.

Pennsylvania

On Tuesday, medical marijuana got a hearing at the legislature. The Senate Law and Justice Committee heard testimony on Senate Bill 1182. After emotive testimony, five more senators signed on a cosponsors of the bill.

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

Chronicle AM -- January 29, 2014

Superbowl-linked banners chiding the NFL on marijuana policy go up, drug testing of students, workers, and welfare recipients is in the news, a federal sentencing reform bill picks up support, Guatemalan peasants pick up rocks and sticks to chase off eradicators, and more. Let's get to it:

MPP's Superbowl billboards take advantage of the hoopla to challenge the NFL.
Marijuana Policy

Obama's State of the Union Remarks on Marijuana Policy. Sorry, there weren't any. Nor did he speak about sentencing reform or any other aspect of drug policy.

Superbowl Banners Chide NFL on Marijuana Hypocrisy. The Marijuana Policy Project has launched a billboard blitz on the NFL, using five billboards around MetLife Stadium, where the game will be played Sunday, to highlight the hypocrisy of the leagues' marijuana policy. The group also delivered a petition with more than 12,000 signatures to league headquarters in New York City Wednesday calling on the league to stop punishing players for using pot.

Wall Street Journal/NBC Poll Has Support for Legalization at 55%. Yet another poll is out showing majority support for marijuana legalization. The Wall Street Journal/NBC News poll has it at 55%. Click on the link for more details.

Nevada Legalization Advocates Focus on 2015. Nevada marijuana activists are crafting language for an initiative to legalize the herb with an eye on gathering enough signatures this year and next to put the measure before the state legislature. If the legislature then fails to approve it, it would go before the voters in 2016.

Medical Marijuana

Connecticut Announces Selection of First Medical Marijuana Producers. State officials Tuesday announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. Each of the four businesses now must establish escrow arrangements in the amount of $2 million, and pay their annual license fee, at which time their operating license will be issued. Producers must be operational within 180 days of licensure. Additional information about the licensed producers will be made available in the near future.

Harm Reduction

10th Annual National Harm Reduction Conference Set for Baltimore in October. This is the nation's largest annual harm reduction event. Click on the link for all the details.

Drug Testing

New Jersey School District Abandons Random Student Drug Testing Bid. The Northern Valley Regional School District has given up its effort to impose random drug testing on students involved in extracurricular activities. After a year of debate, with many parents fiercely opposing the plan, the school board voted it down 5-4.

Maine Workplace Drug Testing Bill Under Consideration. A bill backed by conservative Republican Gov. LePage and the state Department of Labor is designed to encourage an expansion of drug testing by private employers. Legislative Document 1669 would remove the current provision that requires employers to maintain an employee assistance program and pay for half the costs of drug treatment. The bill would also make it easier for employers to identify potential drug abuse by creating a probable standard for testing that could be triggered by a single accident within the workplace. The bill is opposed by labor unions and the ACLU of Maine, which calls it a serious invasion of employee privacy.

Indiana Welfare Drug Testing Bill Passes House. A welfare drug testing bill easily passed the Republican-dominated House Tuesday. House Bill 1351 would require welfare applicants to take a written test that measures their propensity to use drugs. Those whom the test says are likely to be drug users would be required to undergo drug testing. Persons who fail the drug test could keep their benefits, provided they undergo drug treatment. But, as bill critic Rep. Vanessa Summers (D-Indianapolis) pointed out, the state doesn't offer low-cost drug treatment. The bill now goes to the state Senate.

Sentencing Reform

Federal Smarter Sentencing Act Picks Up More Supporters. The Smarter Sentencing Act of 2013, which would reduce the use of mandatory minimum sentences for drug offenses, give judges more discretion to sentence beneath the mandatory minimums, and apply retroactive sentence reductions to some crack cocaine offenders, has picked up more support this year. It was introduced with two cosponsors, Sens. Mike Lee (R-UT) and Patrick Leahy (D-VT). Sens. Sheldon Whitehouse (D-RI), Rand Paul (R-KY), and Angus King, Jr (I-ME) came on board last fall, and Sens. Martin Heinrich (D-NM), Carl Levin (D-MI), and Jeff Flake (R-AZ) have joined as cosponsors this month. The link is to the bill itself.

International

Canada Opposing Harm Reduction Policies in UN Fight. In the fight over new guidelines for the global drug control regime at the United Nations, Canada is opposing efforts to place a stronger emphasis on harm reduction measures. Drug policy groups monitoring the negotiations say Canada has joined ranks with China, Egypt, Iran, Pakistan and Russia in aggressively opposing European endorsements of health policies aimed at reducing harms, such as HIV transmission, among drug users. Canada also opposes the participation of nongovernmental organizations (NGOs) in future UN drug policymaking sessions. "The Government of Canada believes that the best way to address the public health consequences of injection drug-use is to prevent people from using illicit drugs in the first place," said a Canadian government spokesperson, refusing to elaborate further.

Guatemalan Peasants Attack Opium Poppy Eradicators. Scores of opium-growing peasants in a community near the Mexican border attacked a national police contingent sent out to eradicate their crops Monday. Indian peasants in Tajumulco blocked the way and threw rocks, sticks and incendiary bombs at the contingent to stop it from reaching the croplands. Three police officers were injured, but police said they would continue eradication efforts. Last month, Guatemalan President Otto Perez Molina floated the idea of legalizing the poppy crop.

No Marijuana Decriminalization for Guyana, Home Affairs Minister Says. Guyanese Home Affairs Minister Clement Rohee Tuesday shot down any talk of liberalizing the country's marijuana laws. "As we speak at this point in time, at twenty minutes to five, on the twenty-eighth day of January, the position and the policy of the government of Guyana is to pursue a zero tolerance policy in respect of trafficking in narcotics, possession of narcotics and any other form of activity in respect of drugs that are deemed illegal according to the laws of our country and according to the treaties and conventions of an international nature which we have signed on to," the Home Affairs Minister declared.

Jamaican Government Still Scared of Western Opposition to Marijuana Reform. Foreign Affairs Minister AJ Nicholson warned Monday that Jamaica must proceed cautiously with calls to decriminalize or legalize marijuana because of fears of violating global drug control treaties and offending the US and European countries. "There is no consideration at this time about changing the treaties, but there are still some concerns about how some Western countries would view our move towards decriminalize, depenalize or anything like that," he said.

Filipino Legislators Ponder Medical Marijuana. Minority lawmakers in the Philippines are considering medical marijuana. Rep. Rodolofo Albano III said that he planned on filing a bill in March that would permit the sale and purchase of cannabis strictly for medical use.

Chronicle AM -- January 28, 2014

The hemp amendment gets included in the farm bill, Colorado's Supreme Court will review medical marijuana patients' employment rights, we have a couple of drug war horror stories, Mexico's security apparatus is joining forces with anti-cartel vigilantes, Saudi Arabia's premarital drug testing program isn't working, and more. Let's get to it:

Destiny Hoffman sat in jail for 154 days after a drug court judge forgot about her. (Clark Co. Jail)
Marijuana Policy

New Poll Has Rhode Island Majority for Legalization. A Public Policy Polling survey conducted at mid-month has 53% of Rhode Island voters in favor of changing state law to regulate and tax marijuana like alcohol. Only 41% were opposed.

Wisconsin Marijuana Legalization Bill to Be Filed. State Rep. Melissa Sargent (D-Madison) is looking for cosponsors for a marijuana legalization bill. The bill, not yet filed, would allow adults to possess limited amounts of pot and create a system of regulated marijuana commerce.

Medical Marijuana

Colorado Supreme Court to Review Case of Fired Medical Marijuana Patient. The state Supreme Court announced Monday that it would review the case of Brandon Coats, a quadriplegic who was fired from his job for using medical marijuana on his own time. For the first time, the court will consider whether the state constitution gives residents a right to use medical marijuana. A state appeals court had ruled that patients don't have a right to use marijuana, and that employers can fire them for any marijuana use.

Georgia CBD Medical Marijuana Bill to Be Filed Today. State Rep. Allen Peake (R-Macon) was expected to file a bill today that would allow children suffering from epileptic seizures to use high-CBD cannabis oil. The bill has not appeared on the legislative web site as of this afternoon.

Hemp

Hemp Amendment Included in Farm Bill, Votes Coming Soon. Congressional negotiators have included an amendment allowing for research into the uses of industrial hemp in the omnibus farm bill. Votes in both houses of Congress are expected soon.

Drug Testing

Testing for Drugs of Abuse a Multi-Billion Dollar Industry. Thar's gold in them thar urine samples, and we're not talking about the color of the liquid within. According to a new research report from Transparency Market Research, the global market in testing for drugs of abuse was valued at $2.6 billion in 2012 and is expected to grow at an annual rate of 4.8%, reaching a value of $3.4 billion by 2018. The report notes that North America, including the US, is the largest market for drug testing, followed by the UK, Japan, Germany, and other European countries.

White House Okays Drug Testing Database Plan for Truckers. The White House's Office of Management and Budget Monday signed off on a Department of Transportation draft rule that would establish a central database for positive drug and alcohol tests for commercial driver's license holders. Such a move was required by the 2012 highway spending authorization bill. It would require the employers of CDL license holders to report positive test results and refusals to the central database. Previously, results were only disclosed by carriers to other carriers seeking employment verification.

Law Enforcement

Drug Dog Bites Off Part of Woman's Face. An Oklahoma woman suffered severe injuries after a police drug dog searching her vehicle lunged into her car and bit her in the face. Emily Newman had been pulled over for speeding when a Cherokee Nation marshal asked if he could have a drug dog sniff her vehicle. The officer took her to a nearby hospital, while another officer took a family member back to the scene to pick up a piece of her face left lying on the road. It was later stitched back on at the hospital. Police said unspecified drug charges are pending.

Drug Court Judge Forgets He Jailed Woman for 48 Hours; She Rots There for 154 Days. An Indiana woman sentenced to 48 hours in jail for having violated her drug court program sat there for more than five months because her judge failed to order her release. Emily Hoffman had provided a diluted drug test, and drug court Judge Jerry Jacobi ordered her "to be held until further order of the court." The order was done without a hearing or the presence of legal counsel. Hoffman rotted behind bars until a county prosecutor reviewing old cases noticed her and ordered her immediately released. Hoffman's attorney said a civil suit is likely.

International

New Zealand Labor Party Not Interested in Marijuana Decriminalization. The Labor Party has no intention of decriminalizing marijuana even as it courts the Green Party as a potential coalition partner after upcoming elections. The Greens have long called for decriminalization and reiterated that call this week, but only half-heartedly, making clear that the issue wouldn't be a deal-breaker in coalition negotiations.

Saudi Arabia Premarital Drug Testing A Flop, Health Ministry Says. A mandatory drug testing program for prospective brides and grooms has proven useless in determining addiction levels and thus determining marriage eligibility, a top Health Ministry official said. The testing program was made mandatory after reports of widespread drug use among Saudi youth, but the ministry found that "addicts" fooled the test by abstaining from using drugs before undergoing it. [Editor's Note: "Addicts" who are able to abstain from their drug at will sort of beggar the notion of addiction.]

Canada Supreme Court Rejects Random Drug and Alcohol Testing of Employees. In a decision Monday, the Canadian Supreme Court ruled that an arbitrator's decision striking down an employer's random alcohol testing program was reasonable. The company, Irving Pulp and Paper, had unilaterally imposed the testing program, and the employees' union challenged it. The case is Communications, Energy and Paper Union of Canada, Local 30 v Irving Pulp & Paper, Ltd.

Mexico Reaches Agreement with Vigilantes to Form Rural Police. Mexican authorities and anti-cartel vigilantes in the western state of Michoacan reached an agreement Monday that would turn the paramilitary forces into "rural police." The agreement is "the integration of citizen groups into institutional life," the interior ministry said, and requires the vigilantes to provide a list of their members and arms to be vetted by security forces. In return, the authorities will provide the new rurales with "the necessary tools for their communication, movement and operation." The vigilantes are at war with the Knights Templar Cartel; some, including Knights Templar members, have accused them of being a front for another cartel, New Generation Jalisco.

Chronicle AM -- January 27, 2014

Florida's medical marijuana initiative will go to the voters in November, the DEA administrator is being both jeered and cheered for her criticism of President Obama's remarks on marijuana, the Supreme Court makes it harder to punish drug dealers for deaths related to their wares, and much more. Let's get to it:

Drug War Chronicle takes no position on the game.
Marijuana Policy

DEA Head Criticizes Obama Marijuana Remarks, Faces Calls to be Ousted. DEA Administrator Michele Leonhart last week got a standing ovation from a convention of sheriffs when she criticized President Obama's remarks on the relative safety of marijuana compared with alcohol. But now, drug reformers are calling for her head.

Colorado and Washington NORML in Superbowl "Bud Bowl" Challenge. The contenders in Sunday's NFL Superbowl game, the Denver Broncos and the Seattle Seahawks, both come from states where marijuana is legal. In honor of their hometown teams and their respective states' legal marijuana status, NORML chapters in Washington and Colorado have engaged in a friendly wager. If the Denver Broncos win, WA NORML has agreed to dress in Bronco colors of blue and orange and sing Karaoke-style Colorado's (second) official state song "Rocky Mountain High" by John Denver. If the Seattle Seahawks win, CO NORML will do the same, but in Seahawk blue and green and singing "Purple Haze" by Jimi Hendrix, a native son of Seattle. [Ed: StoptheDrugWar.org has no position on either the game or the wager.]

New Jersey State Senator Announces Plans to Introduce Marijuana Legalization Bill. State Sen. Nicholas Scutari (D) said late last week that he plans to introduce a bill to legalize marijuana. The bill is not yet filed, but envisions language that would tax and regulate marijuana like alchohol.

Harris County (Houston) DA Says Decriminalize It. Responding to Texas Gov. Rick Perry's (R) remarks last week in Davos that he supported decriminalization of marijuana possession, Harris County DA Devon Anderson said she agrees with his call for decriminalization.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes last Thursday reiterated his request that the Washington State Liquor Control Board increase the number of marijuana retail stores allowed in the city. The board has set the number at 21, but Holmes has said that is not going to be enough.

Oregon Marijuana Legalization Referendum Bill Filed. State Sen. Floyd Prozanski (D-District 4) and several cosponsors have introduced Senate Bill 1556, which would legalize, tax, and regulate marijuana possession and commerce for adults. If passed by the legislature, the measure would then go before voters on the November ballot.

Medical Marijuana

Florida Supreme Court Approves Medical Marijuana Initiative -- It's Going to the Voters! The Florida Supreme Court Monday removed the final obstacle to the state's medical marijuana initiative appearing on the November ballot. It rejected a challenge to the measure's language by Attorney General Pam Bondi (R). The initiative has already had enough signatures validated to qualify. Click on the link to read the opinion and the text of the initiative.

Guam Medical Marijuana Bill Now Calls for Referendum. Sen. Tina-Muna Barnes, sponsor of medical marijuana Bill 215, announced Monday that she has rewritten the bill "to allow for a referendum, thus placing the question before the People of Guam in the 2014 General Election." She made the change, she said, because "the overwhelming majority of senators from both parties felt that an issue of this importance should be decided by the people directly."

Medical Marijuana Dispensary Licenses Set To Be Awarded In Massachusetts. The state Department of Public Health says it hopes to award up to 35 medical marijuana dispensary licenses this week. More than a hundred applications have been submitted. State law allows up to five dispensaries in each county in the state.

Drug Testing

Bangor (PA) School District Wants Random Drug Tests for Teachers. A policy that would make the Bangor Area School District the only one in the state to require random, suspicionless drug testing of teachers is part of negotiations for a new union contract. The contract being discussed wouldn't impose random drug testing, but would require teachers to put it to a vote. The issue came to the fore in the area after a teacher died of a heroin overdose in the apartment of a wrestling coach in 2009.

Illinois Welfare Drug Testing Bill Introduced. State Rep. Dwight Kay (R-Glen Carbon) has introduced a bill that would require welfare applicants to undergo a drug test before becoming eligible to receive benefits. House Bill 4255 does not include an intermediary step of drug screening to determine which applicants are likely to be drug users, but goes straight to testing all applicants. The federal courts have found similar laws unconstitutional.

Sentencing

US Supreme Court Restricts Heroin Death Sentencing Enhancement. The US Supreme Court ruled Monday that a heroin dealer cannot be held liable for a customer's death if the heroin use was only a contributing factor and not necessarily the sole cause. Federal law imposes a 20-year mandatory minimum sentence when "death or serious injury results from the use" of an illegal drug, and prosecutors have used the statute to win the tough sentences, but the high court held Monday that prosecutors must prove that the drug was the specific cause of death, not just a contributing factor. The case is Burrage v. United States.

San Francisco Jail Population Dropping Because of Decrease in Drug Arrests. A report from the San Francisco board of supervisors' budget analysts says the jail population has dropped because of decreased drug arrests and city policies that promote alternatives to incarceration. The jail population is down 30% since 2008. The report comes as supervisors wrangle over whether the city needs a new jail and how big it should be.

Law Enforcement

DEA Busts Bitcoin Exchange CEO for Silk Road Money Laundering. Charlie Shrem, the CEO of BitInstant, a Bitcoin exchange, has been arrested by the DEA and is charged with money laundering for selling over $1 million in Bitcoins to users of the Silk Road dark web drug sales site, who used the currency to buy drugs there. Shrem faces federal money laundering charges. Shrem and an unnamed coconspirator were both charged. "Hiding behind their computers, both defendants are charged with knowingly contributing to and facilitating anonymous drug sales, earning substantial profits along the way," DEA agent James Hunt said in a release.

Virginia Bill to Criminalize "Secret Compartments" Filed. A bill introduced by state Sen. Chap Petersen (D-Fairfax) would make it a crime to knowingly have a secret compartment in a car -- even if there isn't anything in it. The bill, Senate Bill 234, makes having such a compartment a felony and defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

International

Mexican President Invites Anti-Cartel Vigilantes to Join Security Forces. Mexican President Enrique Pena Nieto said last Thursday that anti-cartel vigilantes or militias were a result of institutional weakness within national security forces and asked them to join those same security forces. He asked them to do "to do it by observing the principles and formalities of the law, fulfilling the requirements to become part of the security corps." The vigilantes are engaged in ongoing battles with the Knights Templar cartel in the state of Michoacan.

Dutch MP Calls on Government to Allow Marijuana Growing Pilot Projects. Labor MP Marith Rebel called last week for Justice Minister Ivo Opstelten to allow experiments with the legal production of marijuana. "Turning a blind eye to the fact the cafes are selling marijuana but not recognizing the fact they also have to buy it is helping criminals," Rebel said. Opstelten last month rejected calls from local councils to allow regulated grows, even though polls show majority support for the move.

New Zealand Greens Will Push for Marijuana Decriminalization, But Not Too Hard. New Zealand's Green Party says it will push for decriminalization in any post-election negotiations with Labor, but that the issue will not be a deal breaker. "I would like to progress a vast amount of our policy, and that would be one," said party coleader Metiria Turei. "We believe a drug-free lifestyle is the healthiest, but we don't believe people should be convicted of a crime, adults, if they smoke cannabis. So we still consider decriminalization is the wisest policy." But she also said the party had no bottom lines as it ponders the prospect of a coalition government with Labor.

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

Holder Says Marijuana Banking Rules Coming Soon

Attorney General Eric Holder said Thursday that the Obama administration would soon announce regulations that would allow banks to business with legal marijuana businesses. Financial institutions have been scared away from such businesses by the threat of legal action for dealing in the profits of a commodity still illegal under federal law.

Attorney General Eric Holder (usdoj.gov)
The Obama administration had previously signaled it was working to address the issue, but it now appears action is imminent.

"You don't want just huge amounts of cash in these places. They want to be able to use the banking system," Holder said during an appearance at the University of Virginia's Miller Center. "There's a public safety component to this. Huge amounts of cash -- substantial amounts of cash just kind of lying around with no place for it to be appropriately deposited is something that would worry me, just from a law enforcement perspective," he explained.

"We're in the process now of working with our colleagues at the Treasury Department to come up with regulations that will deal with this issue," and the new rules are coming "very soon," Holder said. "It is an attempt to deal with a reality that exists in these states."

Holder did not specify whether his remarks were aimed solely at Colorado and Washington, which have legalized marijuana commerce, or were directed more generally at states that allow for legal medical marijuana.

A Justice Department spokesman later "clarified" Holder's remarks to say that instead of new regulations, Holder was speaking of issuing a "guidance" to prosecutors and federal law enforcement. Whether such a "guidance" without further guarantees from the federal government will be enough to assuage bankers' fears remains to be seen.

But marijuana industry advocates applauded the attorney general's remarks.

For the legal, regulated cannabis industry, this is very welcome news," said National Cannabis Industry Association executive director Aaron Smith. "We have been anxiously awaiting clarity on the banking issue from the Justice and Treasury Departments for many months. To hear that guidance will be issued 'very soon' is encouraging. It's critical that we fix this issue before February 20, when our Colorado members must pay their first round of state taxes, or the Colorado Department of Revenue may be forced to accept more than $1 million in cash payments."

Smith added that the NCIA was "grateful" to Holder and other federal officials who have been working on the issue, and that getting it resolved "cannot come soon enough."

Washington, DC
United States

Chronicle AM -- January 21, 2014

The war on weed may be beginning to wheeze toward its end, a researcher reports, and legislators continue to introduce bills to help it on its way. Meanwhile, harm reduction down South gets some attention, a bad bill targets medical marijuana-using parents in Michigan, and Bermuda gets a decrim bill, and more. Let's get to it:

Marijuana Policy

Intensity of Marijuana Enforcement Declining, Keith Humphreys Says. Academic marijuana policy watcher and addiction specialist Keith Humphreys reports that even though marijuana use is up -- measured by total days of use nationwide -- the intensity of enforcement -- measured by overall arrests divided by total days of use -- is down by as much as 40%. Humphries attributes it to decriminalization and medical marijuana, but also notes that such policy changes often merely formalize what is already occurring on the ground.

Texas Legislature Will Be Faced With Marijuana Reform Bills Again This Year. Two Democratic Texas legislators say they will reintroduce marijuana decriminalization and medical marijuana bills that have gone nowhere in past sessions. Rep. Harold Dutton Jr. (D-Houston) will try for a fourth time to get a bill to decriminalize the possession of under two ounces passed, while Rep. Eliot Naishtat (D-Austin) will try for the seventh time to get his medical marijuana bill to a House floor vote.

Marijuana Legalization Bill Filed in Oklahoma. State Sen. Constance Johnson (D-Oklahoma City) has pre-filed a marijuana legalization bill, Senate Bill 2116. The bill would legalize possession of up to an ounce and allow for the regulation and taxation of marijuana commerce. The legislative session begins February 3. Here's what she's up against: Mark Woodward, with the Oklahoma Bureau of Narcotics, said, "I've seen it wreck more lives than any other drug."

Medical Marijuana

Michigan Bill Targets Patients Who Are Parents. Republican state Sen. Rick Jones (R-Grand Rapids) has introduced a bill designed to make it easier for the state to remove children from the homes of parents who are medical marijuana patients. Senate Bill 736 would allow judges to inspect parents' medical records to see if medical marijuana use is "appropriate" and, if the judge decides it is not, to order the parent to stop using marijuana or designate him or her an unfit parent. Jones said he introduced the bill after hearing complaints from judges. "They want it clarified that they do have the power, as judges, to consider whether or not there's medical marijuana in the home and that there will be access to children and problems," he said.

Meetings on Hawaii Medical Marijuana Law Coming to Hilo, Pahoa. The Drug Policy Action Group and the Medical Cannabis Coalition of Hawaii are holding meetings later this month in Hilo and Pahoa to provide information and get public input on what's right and what's wrong with the state's medical marijuana law, as well as discussing broader marijuana policy reform. Click on the link for details.

Harm Reduction

North Carolina Harm Reduction Coalition OD Prevention Program Gets Noticed. The North Carolina Harm Reduction Coalition (NCHRC) was crucial in getting comprehensive drug overdose prevention laws passed in Raleigh last year, and now they are getting both results and national notice. Click on the title link to read more and see video from CNN and Fox News Charlotte about the laws and the successful use of naloxone to reverse an overdose.

International

Bermuda Marijuana Decriminalization Bill Filed. A senator from the opposition People's National Party (PNP) has filed a marijuana decriminalization bill in Bermuda. The bill would remove all criminal penalties and sanctions for possession of less than 20 grams of marijuana or hashish. At a Tuesday press conference, bill sponsor Sen. Marc Daniels said, "There appears to be a tidal wave of change taking place with our neighbors to our West and South regarding cannabis and cannabis usage. Some US States are making cannabis legal for both medicinal purposes as well as recreational use. The question is whether Bermuda wants to wait until all of our neighbors make changes, or will we be bold enough to chart a new destiny and seek new ways of generating revenue; perhaps with an influx of tourists and/or from local taxes and license fees. The possibilities are endless if we only dare to be different and seize the moment as opposed to playing catch up.'

Obama Marijuana Remarks Spur Finnish Debate. President Obama's weekend remarks on marijuana are spurring debate on marijuana law reform in Finland. "The USA is the number one country in the war on drugs, so if it begins legalizing the use of marijuana, it will surely have a major effect on Europe," sociologist Jussi Perala said. "Making marijuana legal in Finland is utopic, but at some stage something should happen about it. In Finland, harsh punishment can be meted out merely for the intention to use drugs," he said.

Chronicle AM -- January 20, 2014

Marijuana law reform bills just keep coming, a most likely unconstitutional food stamp drug test bill gets filed in Georgia, Australian regulators block urine drug testing of state energy company workers, Jamaican legalizers grow impatient, and more. Let's get to it:

Jamaican marijuana users want something to smile about (wikimedia.org)
Marijuana Policy

Marijuana Legalization Resolution Introduced in New Mexico Senate. State Sen. Gerald Ortiz y Pino (D-Bernalillo County) Friday pre-filed Senate Joint Resolution 10, which would amend the state constitution to tax and regulate marijuana use by persons 21 and older. If the bill passes the legislature, the amendment would be placed on the November 2014 ballot for voters to decide.

Indiana Marijuana Decriminalization Bill Filed. State Sen. Karen Tallian (D-Portage) last week introduced Senate Bill 314, which would decriminalize the possession of up to two ounces of marijuana. Similar legislation was defeated there last year.

Medical Marijuana

Arizona Health Department Rejects Adding New Medical Marijuana-Eligible Conditions. The Arizona Health Department last Friday decided not to approve adding post-traumatic stress disorder, depression, and migraines to the official list of debilitating conditions that are treatable by medical marijuana. Director Will Humble said the decision was due to a lack of published data regarding the risks and benefits of using medicinal cannabinoids to treat or provide relief for those conditions. The department will accept new petitions January 27 through 31.

Bill to Undo Virginia's Already Toothless Medical Marijuana Law Filed. Virginia has had a law allowing for the medical use of marijuana on the books for years, but it has never actually been used. Now, a Republican legislator, Delegate Robert Marshall of Manassas, has filed a bill to repeal even that. House Bill 684 (click on the link) was set for a hearing today.

Michigan Medical Marijuana Providers Drop by Half. The number of medical marijuana patients registered with the state declined slightly in 2013, but the number of providers declined much more dramatically, by nearly 50%. The number of patients dropped from 124,000 to 118,000, a 5% decline, while the number of providers dropped from 50,000 to 27,000, according to two annual reports required by the state legislature. The decline in providers is attributed to new laws regulating the industry and adverse court rulings and prosecutions. The state did, however, realize a $6.9 million profit in receipts from fees over program costs, up from a $6.3 million profit in 2012.

New York Poll Has Strong Support for Medical Marijuana. A poll released Monday (see questions 36 and 37) showed strong support for medical marijuana in the Empire State. The Sienna Poll found majority support for the legislature taking action on the issue, while a smaller number of respondents favored Gov. Cuomo's limited pilot program. Only about one out of five respondents wanted medical marijuana to remain illegal and unavailable.

Drug Testing

Georgia Suspicionless Food Stamp Drug Testing Filed. A bill that would require all food stamp applicants to undergo mandatory, suspicionless drug testing was filed last Friday. House Bill 772 is the brainchild of Rep. Greg Morris (R-Vidalia). A similar bill passed the state legislature in 2012, but was put on hold after Florida's mandatory suspicionless drug testing was successfully challenged in the federal courts.

Methamphetamine

Indiana Meth Crackdown Bill Gets Hearing Date. A bill that would make pseudoephedrine a Schedule III controlled substance requiring a prescription and would heighten penalties for some methamphetamine possession and trafficking offenses will have a January 27 hearing. The bill, House Bill 1248 (click on the link), is sponsored by Indianapolis Republican Rep. Ben Smaltz.

International

Vietnam Sentences 30 Drug Traffickers to Death. A court in Quang Ninh province has sentenced 30 people to death in a massive heroin smuggling conspiracy case involving over two tons of the drugs. Dozens of others got prison sentences of from two years to life in the largest drug trafficking trial in Vietnamese history. Vietnam sentenced at least 86 people to death in 2012, but it's unclear how many were drug offenders.

Australia's New South Wales Unions Welcome Drug Test Ban. Unions in New South Wales cheered after the state's Fair Work Commission last week upheld a 2012 decision to block a state-owned energy company from doing drug testing based on urine samples. Such testing, which measures off-duty drug use (as opposed to on-the-job impairment), is "unjust and unreasonable," the commission said, ordering the company to use mouth swab drug tests, which would detect only immediate recent use. "While oral testing accurately identifies recent drug use... urine tests unfairly monitor workers' private lives," Neville Betts, from the Electrical Tr ades Union's NSW branch, said in a statement.

Jamaica Marijuana Reformers Want to Step Up Pressure on the Government to Act. The Jamaican Ganja Law Reform Coalition wants a more aggressive campaign to pressure parliament to act on legalizing marijuana. "We need a young MP to break the party ranks and put forward proposals for more meaningful legislation than the half steps that they are taking," coalition chairman Paul Chang told the opening session of the Cannabis Stakeholders Conference organized by the coalition. Parliament is currently dithering with bills that would decriminalize pot possession and expunge arrest record for marijuana offenses, but that's not enough, coalition members said.

Drug War Issues

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