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Chronicle AM -- July 2, 2014

The Louisiana State Bar goes where the state legislature wouldn't, the Florida medical marijuana initiative gets a big cash donation, the CDC issues an eye-opening report on opioid prescribing, some Vancouverites celebrate Canada Day with an illegal open marijuana market, and more. Let's get to it:

According to the CDC, 46 people a day die of prescription opiate overdoses. (wikimedia.org)
Marijuana Policy

Iowa State NORML Sues School Over Ban on Use of Marijuana Image. ISU NORML yesterday filed a lawsuit against the university charging that administrators violated its First Amendment rights by blocking the group from using the university's mascot on their t-shirts because the t-shirts also included a marijuana leaf. The "overbroad" trademark decision effectively censors the group's goal of "challenging the orthodoxy that marijuana use should be prohibited." The university initially approved the design, but withdrew approval after getting negative feedback from the public.

Louisiana State Bar Backs Marijuana Reform. The Louisiana State Bar Association has approved a resolution backing efforts to classify simple possession of marijuana as a misdemeanor, rather than a felony. An effort to pass a similar bill failed this year in the state legislature.

Medical Marijuana

John Morgan Kicks in Another $4 Million for Florida Initiative. Prominent Florida attorney and Amendment 2 initiative backer John Morgan has contributed another $4 million of his own money to ensure the medical marijuana initiative wins in November. Because the initiative is a constitutional amendment, it needs 60% of the vote to pass.

New Jersey Legislator Files Medical Marijuana Fix Bill. Assemblywoman Linda Stender (D-Union) has filed a bill to fix the state's medical marijuana program, which she describes as "broken." The bill would allow patients to grow their own supplies, remove caps on the number of dispensaries, expand the list of qualifying diseases, and remove some of the law's most rigid provisions. The bill is not yet available on the legislature's web site.

High Support for Medical Marijuana in Pennsylvania Poll. The latest Franklin & Marshall College Poll has support for medical marijuana at 84% in the Keystone State. That's up three points over the same poll six months ago, and up eight points from eight years ago. A medical marijuana bill is currently pending in the state Senate.

In Massachusetts, No Tax on Medical Marijuana -- Yet. Legislators in Boston Tuesday voted not to approve taxes on medical marijuana, but instead to send the proposal to study, which generally means it's dead. The vote came in the Revenue Committee.

Prescription Drugs

New CDC Report on Opioid Prescribing. A new Centers for Disease Control and Prevention (CDC) report, Opioid Painkiller Prescribing: Where You Live Makes a Difference, finds that Americans were prescribed 259 million bottles of opioid pain relievers in 2012, but that there is great regional variety in levels of pain reliever prescribing. Doctors in Alabama, for example, wrote opioid prescriptions at a rate three times higher than those in Hawaii. The highest prescribing rates are generally in the Deep South and the Appalachian Midwest. Forty-six people die every day from prescription opioid overdoses, but efforts to restrict access to opioids in some states have managed to lower deaths. The report did not address the the possible impact of such restrictions on undertreatment of pain.

International

Australian Octogenarian Drug Reformer Named Victorian of the Year. Professor David Penington, 84, who has called for marijuana and ecstasy to be legalized and who heads a committee advising the Victoria state government on drug policies, has been named Victorian of the Year at a national ceremony in Melbourne. "At the age of 84 I was really looking forward to genteel disappearance from the scene," he said, adding that he would use his new honor to continue to push for drug refom. "The reality is that prohibition just hasn't worked for 100 years and the problems are getting worse," Professor Penington said. "We've got to find better ways to handle illicit drugs."

Canada Day Marijuana Street Market in Vancouver Goes Unimpeded. As our northern neighbor celebrated its national holiday yesterday, a street market outside the Vancouver Art Gallery offered up hash brownies and fudge, as well as dime bags and joints of BC bud, despite such acts being illegal. Vendors said the market was a protest "to legalize marijuana." A Vancouver police officer watching the scene from his bicycle said he was there in case anyone needed help, but that police would not stop anyone from selling marijuana.

An Industry Emerges: The NCIA Cannabis Business Summit in Denver [FEATURE]

The exhibition hall in the Denver Convention Center last week was a wonder to behold. Automated, high-capacity marijuana trimming machines. Industrial strength cannabis oil extraction devices. Marijuana real estate specialists. Marijuana accountants. Marijuana attorneys -- real estate, intellectual property, contracts. Marijuana consultants. Marijuana investment advisers. Point-of-sale marijuana sales tracking systems. Chemical testing companies. Vaporizer sellers. Odor-proof bag producers. Automated rolling machine makers. Anything and everything to do with the business of legal marijuana. All in a high-gloss trade show environment.

It was the National Cannabis Industry Association's (NCIA) Cannabis Business Summit, which brought more than 1,200 registrants to the state capital that for now at least is also the capital of legal marijuana. And it represents a new phase in the evolution of marijuana policy.

This is not your father's marijuana movement. There were lots of men in dark suits and ties, lots of women in snappy professional attire. A few dreadlocks here and there, but only a few. And nary a tie-dye to be found. There wasn't a whole lot of talk about how "We have to free the weed, man;" although social justice including ending prohibition came. up. There was a whole lot of talk about business opportunities, investment strategies, and how to profit from crumbling pot prohibition, as well as the dangers and pitfalls facing would-be entrepreneurs in an industry still illegal under federal law.

The legal marijuana industry has been bubbling up for awhile now, building from the quasi-legalization that is medical marijuana in Wild West California and the more regulated, but still thriving medical marijuana industry in states like Colorado, Oregon, and Washington. In the past decade or so, the High Times Cannabis Cup has evolved from a November trip to Amsterdam to a virtual traveling circus of all things pot-related. And marijuana trade expos have drawn crowds in the tens of thousands.

But one can reasonably argue that last week's Cannabusiness Summit represents the maturation of marijuana as an All-American business opportunity. With Colorado this week beginning to accept applications from people who don't represent medical marijuana dispensaries (for the first six months of commercial legalization, only operating dispensaries could apply) and Washington state set to see its first retail marijuana operations next week, the era of legal marijuana is truly upon us. And it's likely to continue to expand, with Alaska, Oregon, and Washington, DC, poised to join the ranks of the legalizers after elections later this year.

Talking up the product in the exhibition hall.
The Cannabis Business Summit was, unsurprisingly, mainly about the nuts and bolts of operating a legal marijuana business. It could have been any industrial trade show and conference, except this was about weed. Panels covered topics such as "Grow 101: Cultivation Facility Build-Out and Management Best Practices," "Advanced Cultivation: Scalability, Sustainability, and Growth Management," "Protecting Your Investment: Risk Management and Insurance for the Cannabis Industry," and "International CannaBusiness Opportunities." And that was just session one of day one.

Marijuana is an industry on a roll, and the NCIA can point to its own success as exhibit one.

"We now have over 600 marijuana business members, and that has doubled since January," said NCIA founder and executive director Aaron Smith in a keynote speech. "When Steve Fox and I started the NCIA in 2010, we had 20 members. Investors and entrepreneurs are rushing into this new space."

That, in turn, is allowing NCIA to expand its operations, Smith said.

"We're seeing more experienced business people because they understand what a trade association is," Smith explained. "So we've been able to staff up, we have a full-time DC lobbyist, which is a first for the industry, and we've already contacted every congressional office on the Hill and had sit-down meetings with half the House offices and 30 Senate offices. We're also attending campaign fundraisers on behalf of the NCIA."

Although the conference was all about business, Smith made clear that the NCIA had not forgotten that these business opportunities have come about because of a decades-long movement for social justice and human liberation around marijuana policy.

"We have to acknowledge those who came before us," he told his audience of businesspeople. "Before we were an industry, we were a movement, and we are still a social movement. The growth of this new industry will drive the final nail in the coffin of marijuana prohibition, so that no one is put in a cage for using a beneficial, extremely therapeutic herbal product ever again."

NCIA executive director Aaron Smith gives a keynote address.
The industry has to put its best face forward, Smith said.

"We are still under scrutiny, the world is watching Colorado and Washington, as well as the medical marijuana states, and we have to lead by example," he said. "Be a good neighbor and corporate citizen. Reach out to neighborhood associations and work with them. Contribute to the community. Be a model citizen. Be professional. Don't use marketing you wouldn't want your mother to see."

Smith wasn't the only NCIA officer to warn the industry it needed to watch its step. NCIA deputy director Taylor West had more words of wisdom in a session on marketing and communications.

"This is a cultural movement in the midst of an enormous wave, and we have the opportunity to define an idea on the rise, to be responsible, and to do the education around that," she said. "We are building an industry from scratch, and we have to take this opportunity to make this an industry that's not like every other industry."

That requires some maturity within the industry, the communications specialist said as she displayed tacky advertising images of scantily clad women covered in marijuana buds.

"Responsible branding is important," West noted. "Don't screw it up for everybody. We don't have a rock-solid foundation, and we're still very vulnerable from a public opinion and policy standpoint. Don't market to children and don't market like children," she said. "We're like the wine industry or craft beers or wellness. No one is ever drunk in a wine commercial. And," she said, pointing to the tacky ads, "don't alienate half the population."

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the summit
There are many issues facing the nascent marijuana industry, but both the conference agenda and the talk in the corridors made it clear that the federal tax issue takes center stage. Under current federal law, marijuana remains illegal, and that means marijuana businesses cannot take standard business tax deductions under an Internal Revenue Service (IRS) provision known as 280E.

"This law must be changed, and this law can be changed. If Obama won't do it, we will do it for them," said marijuana tax attorney Henry Wykowski before heading deep into the weeds in a discussion of the intricacies of dealing with 280E.

"There is legislation to address this," said NCIA Capitol Hill lobbyist Mike Correia, pointing to Rep. Earl Blumenauer's (D-OR) House Resolution 2240, the Small Business Tax Equity Act of 2013.

But it's unlikely to go anywhere anytime time soon, Correia said. The congressional bill tracking service GovTrack.us agrees, giving the bill zero percent chance of passage this session.

"This is sitting in Ways and Means," Correia explained. "It's a Democratic bill in a Republican-controlled House, and the committee chairman is not a fan."

There is one back-door possibility for moving the bill, though, the lobbyist said.

"Every few years, the Congress addresses aspiring tax breaks," he noted. "They usually pass it in the middle of the night when no one is watching. I hope to have 280E provisions inserted into a bigger tax bill, but we need to get Republicans to support it. The Ways and Means members are not from marijuana-friendly states, so it's hard to get traction, but next year, Paul Ryan (R-WI) will be chair, and he could be more responsive."

The nascent marijuana industry has other issues, of course, but the Denver conference was a strong signal that the marijuana movement is indeed mutating into a marijuana industry. The power of American entrepreneurialism is very strong, and it looks like it's about to run right over the remnants of marijuana prohibition.

But the industry needs to remember that while we now have legal marijuana in two states, there are still 48 states to go. For people in Alabama or South Dakota or Utah, for example, the issue is not how much money you can make selling marijuana (or marijuana-related products or services), but the criminal -- and other -- consequences of getting caught with even small amounts. If the industry is indeed the movement, it needs to be putting its money where its mouth is to finish the work that remains to be done.

Denver, CO
United States

Chronicle AM -- July 1, 2014

July 1 sees new drug-related laws and regulations going into effect in various places, a University of Arizona researcher falls victim to anti-medical marijuana politics, Massachusetts is cracking down on caregivers, Ohio activists give up on a medical marijuana (and hemp) initiative this year, and more. Let's get to it:

Legal marijuana purchaser eyes the products on offer. (Sandra Yruel/Drug Policy Alliance)
Marijuana Policy

Colorado Marijuana Legalization Enters New, Expansive Phase. As of today, any state resident can apply to open a marijuana retail outlet in Colorado. Until now, only owners of already existing medical marijuana dispensaries could apply. It is expected that this new phase of the state's marijuana legalization experience will add hundreds of new marijuana-related businesses in the state.

Berkley, Michigan, Decriminalization Petitioners Hand in Signatures Today. Campaigners for a municipal decriminalization initiative in Berkley plan to turn in 700 signatures today. Berkley is one of about 20 Michigan towns where Safer Michigan is working to get similar initiatives on the ballot for either the August or November elections. Local ordinances that ease penalties for possessing marijuna already are on the books in Ann Arbor, Detroit, Ferndale, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing and Ypsilanti.

Medical Marijuana

University of Arizona Fires Medical Marijuana Researcher. The University of Arizona has abruptly fired Dr. Suzanne Sisley, who months earlier had received approval from the federal government to study the effects of medical marijuana on people suffering from PTSD. Now, her research is in jeopardy, and she is blaming state legislators who threatened university funding after her research plans made the news. "This is a clear political retaliation for the advocacy and education I have been providing the public and lawmakers," Sisley said. "I pulled all my evaluations and this is not about my job performance."

Massachusetts Crackdown on Caregivers. The state Department of Public Health has sent letters to more than 1,300 patients and 17 caregivers warning that state regulations bar caregivers from selling marijuana to more than one patient. Caregivers are the only legal avenue for patients to buy medical marijuana until dispensaries open, and that won't happen until November at the earliest. The move has forced Bill Downing, the operator of Yankee Care Givers, which supplies an estimated 1,000 patients to quit selling medical marijuana. He is urging patients to join him in a lawsuit challenging the state's interpretation of the law. "DPH is more concerned with their regulations than they are with the well-being of the citizens of Massachusetts," Downing said.

Low-THC, High-CBD Medical Marijuana Laws Go into Effect in Iowa, Utah. At least two of the states that passed limited, low-THC, high-CBD medical marijuana laws this year see those laws go into effect today. Those states are Iowa and Utah. It is unclear what impact those laws will have or how many people they will help.

Vermont Medical Marijuana Improvements Go into Effect Today. A medical marijuana improvement bill, Senate Bill 247, goes into effect today. The new law eliminates the cap of 1,000 patients who may access dispensaries, allows naturopaths to certify patients, and allows dispensaries to deliver marijuana to patients. It also authorizes a study of whether PTSD should be added as a qualifying condition.

Ohio Medical Marijuana Initiative Gives Up on 2014. Medical marijuana won't be on the ballot in the Buckeye State this year. The campaign by the Ohio Rights Group needed 385,000 valid voter signatures to qualify for the ballot this year, but had only 100,000. The good news is that those gathered signatures are still good in future years and can supply a starting point for a new campaign down the road. The initiative would also have legalized hemp production.

Drug Testing

Tennessee Food Stamp Drug Testing Law Goes into Effect. A law passed in 2012 that mandates drug testing for food stamp applicants if state workers have reason to believe they are using drugs goes into effect today. The ACLU of Tennessee is not happy: "This law singles out limited-income people and requires them to submit to humiliating and intrusive searches of their bodily fluids because they need temporary help making ends meet," said Hedy Weinberg, state director for the ACLU. "Research indicates that TANF recipients are no more likely to use illicit drugs than farmers, veterans, and students, who also receive government support. ACLU-TN wants to hear from any potential TANF recipients who do not want to submit to the required drug testing." The ACLU of Tennessee also has a web page for those who need help dealing with the law.

Sentencing

Rep. Keith Ellison is Latest Cosponsor of Smarter Sentencing Act. The Smarter Sentencing Act (House Resolution 3382) has picked up another cosponsor, Rep. Keith Ellison (D-MN). The measure now has 42 cosponsors -- 28 Democrats and 14 Republicans. The bill remains stuck in the House Judiciary Committee, where it has been sitting since October.

International

Mexican Soldiers Kill 22 Cartel Members in Michoacan Confrontation. The Mexican Army reported that it killed 22 members of the La Familia Michoacana cartel after soldiers on patrol in Tlatlaya, Michoacan, came under fire from cartel gunmen.

Another Mexican Town Tries to Ban Narcocorridos. Ciudad Obregon, Sonora, in northwest Mexico has banned the playing or performing of narcocorridos, the border ballads that glorify drug traffickers and recount their adventures. The ban follows the killing in the city of a narcocorrido singer from Phoenix, Tomas Tovar Rascon. But more than a year ago, the Mexican Supreme Court overturned a similar ban in the state of Sinaloa, so it is unlikely this ban could withstand a legal challenge -- if anyone brings one.

Filmmaker Eugene Jarecki Talks Drug Reform [FEATURE]

In a conference call Monday morning, filmmaker Eugene Jarecki discussed the impact of his award-winning drug war documentary The House I Live In and where we go from here in the fight to end the drug war and mass incarceration.

Eugene Jarcecki (wikimedia.org)
The call was the second in a series of discussions planned and organized by the Drug Policy Alliance as part of its campaign to deepen and broaden the drug reform movement. The first discussion featured Michelle Alexander, author of The New Jim Crow. Hear that conversation here.

Jarecki won the Sundance Film Festival grand jury prize for The House I Live In in 2012. The film made a shattering case against the drug war. Since its release, it has been used as a primer in faith institutions, schools and community-based organizations across the nation.

The drug reform landscape has been undergoing tectonic shifts in the two years since The House I Live In was released. It is possible, Jarecki said, that his film has played a role in shifting public opinion.

"One of the great lies that pervades the public imagination is the Hollywood lie that its movies don't shape the violence in this country," he said. "For Hollywood to pretend that movies have no role in shaping behavior is laughable. There are books that start revolutions. While Hollywood should bristle at the notion that movies create violence -- the violence comes in a society where we don't have health service and the roots of unwantedness can lead to violent behavior -- movies do shape public activity," he said.

"My movie is shaping public activity, and I am reminded by friends that this matters," the filmmaker continued. "A lot of young people will look at Michelle Alexander and say 'I want to be like that,' and that kind of example is extremely precious."

The recognition that the film would be an instrument of social change even influenced the title, Jarecki said.

"The making and handling of the film as a tool for public change and discussion" was important, he said. "We called it House over sexier titles, such as Kill the Poor or just Ghetto. I couldn't get it in a church or prison with a title like Kill the Poor. We had to choose a softer title; we weren't just thinking about the most poetic title, but really, how do we make sure this thing has legs where people all across the country can use it? We didn't want to alienate groups on the ground, and I wanted to make sure there were many groups on the ground doing this important work."

It worked. The film is now standard viewing in all the prisons in at least 11 states, and in New York, a viewing serves as an alternate punishment for juvenile offenders. And, Jarecki said, churches have been a key partner in getting the message out.

"We've found churches very welcoming, in large part because of our partnership with the Samuel Dewitt Proctor Conference," he said. "They've helped get churches across the country seeing the film, and it stretches far beyond the black church community. It's been very useful and robust. We also live stream the showings themselves to other churches. When we broadcast out of Shiloh Baptist Church, 180 other congregations also watched it."

But while Jarecki intended the film to serve polemic purposes, even he was surprised at the rapidity of the changes coming in the drug policy realm.

"The most significant surprise has been seeing the entire climate of the war on drugs change in the public imagination," he said. "When we started out, it was impossible to imagine any systemic shifts from the top. We see that the entrenched bureaucracies and corrupt interests are never open to negotiation, but the combination of the moral bankruptcy of the war on drugs and its economic bankruptcy -- 45 million drug arrests over 40 years, and what do we have to show for it? -- the catastrophic cycle of waste without achieving goals, unifies the left and the right like no other issue. The left sees a monster that preys on human rights for profit, and the right sees a bloated government program."

The policies of the war on drugs are now vulnerable, Jarecki said.

"Community groups see how it brings unfairness to communities and ravages society, so now, Washington is trying to appeal to the public by being more sensible," he argued. "This policy is vulnerable. While we've joined forces with the Drug Policy Alliance and other organizations to fight at the ground level, we're also seeing shreds of leadership from Obama, Holder, and Rand Paul. This is a moment of enormous vitality for us."

With a few exceptions, as mentioned just above, "the political class is isolated and orphaned as supporting something that doesn't make any sense," Jarecki said. "I thought I was choosing a very tough enemy, but it doesn't seem like much of a worthy adversary. The gross expenditures are hard to defend, they don't have the national security card to play anymore, the drug war has worn itself thin. 'Just Say No' and 'This is Your Brain on Drugs' hasn't worked. Instead, people just see family members with damaged lives."

It's not just in the realm of marijuana policy that the landscape is shifting in a favorable direction. The issue of the racial disparity in the drug war is also gaining traction.

"The condition of understanding the black American crisis of the drug war has moved light years in the last two years," Jarecki said. "Black folks are bizarrely and disproportionately targeted by the drug war, and that's become a common discussion. It's not a rare thing."

Still shot from The House I Live In
That understanding is extending to an acknowledgement that the war on drugs has been a brutal attack on the gains of the civil rights era, Jarecki argued.

"In the black American story, there is an argument to be made that the new Jim Crow established with the war on drugs was the final nail in the coffin of the civil rights movement," he said. "Black people are worse off economically than before the civil rights movement, and this critical viewpoint has become more widely understood."

But it's not just race. The unspeakable word in American political discourse -- class -- plays a role as well, Jarecki suggested.

"We've seen a shift from a drug war that could be described as predominantly racist to one that also has elements of class in it," he argued. "Poor whites, Latinos, women -- those are the growth areas for the war on drugs now. But let's not forget that black America is still essentially the leading link. We haven't shifted the drug war from race to class; it has diversified, it preserves its racism, but has seized market share by broadening into other class populations."

Racism and the war on drugs are only a part of a much larger problem, the filmmaker argued.

"We have to invite the country to begin seriously asking itself what kind of country it wants to be," he said. "What we are really looking at is a society that has bought into the notion that we can entrust the public good to private gain. We have industrial complexes that grip American policymaking in almost every sphere of public life, and the prison industrial complex is one of them. It is simply a crass illustration that you can feed a human being into the machine, and out comes dollar signs. This is a country without compassion, a town without pity."

And while change will come from the top, it will be impelled only by pressure from the bottom up, he said.

"Change comes from groups working together, and you start going down that road by getting out and starting walking," Jarecki advised. "It's an illusion to think we're supposed to be rescued by the government."

We have to do it ourselves.

Chronicle AM -- June 27, 2014

Things are looking good after legalization in Colorado, a medical marijuana bill moves in Pennsylvania, food stamp drug testing is on hold in Mississippi, hash battles break out in Libya, and more. Let's get to it:

Marijuana Policy

DPA Issues Report on Six Months of Legal Marijuana Sales in Colorado. Crime is down, tax revenues are up, and the marijuana industry is generating thousands of new jobs in Colorado, according to a new report from the Drug Policy Alliance. The report is Status Report: Marijuana Regulation in Colorado After Six Months of Retail Sales and 18 Months of Decriminalization.

Medical Marijuana

Pennsylvania Senate Committee Approves Medical Marijuana Bill. The state Senate Law and Justice Committee voted unanimously yesterday to approve Senate Bill 1182, which would allow qualified patients to obtain marijuana through dispensaries, but not grow their own. Neither could patients smoke their medicine, but they could use edibles or vaporize it. Now, the bill is on to the Appropriations Committee and, if it passes there, a Senate floor vote. Companion legislation in the House has yet to move.

Tulsa Medical Marijuana Petitioners Say Tulsa Cops Backed Off After They Went Public. Signature-gatherers for the Oklahomans for Health medical marijuana initiative report they are no longer being harassed by Tulsa Police after they went public with their complaints. Police had, on several occasions, stopped and investigated petitioners, at least twice after purportedly receiving complaints they were selling or smoking marijuana. The group hasn't had any formal response from Tulsa Police or city officials, but they are no longer being harassed, they said.

Drug Testing

Mississippi Food Stamp Drug Testing Implementation Delayed. A Mississippi law approved this year that would require food stamp applicants to be subject to drug testing is being delayed. It was supposed to go into effect July 1, but will be held up pending a public hearing set for July 22. The delay comes thanks to ACLU of Mississippi and the Mississippi Center for Justice, which challenged the start-up on grounds that it violated the state's administrative procedures law.

Methamphetamine

Michigan Governor Signs Package of Meth Bills. Gov. Rick Snyder (R) Thursday signed into law three bills increasing the criminalization of methamphetamine users and producers. One makes it a crime to purchase pseudoephedrine knowing it will be used to make meth, another makes it a crime to solicit someone else to do so, and the third specifies that the second mandates a 10-year prison sentence. Click on the link for more bill details.

International

Are the Latin American Drug Cartels on the Wane? Council on Hemispheric Affairs analyst Claudia Barrett has penned a provocative analysis suggesting the era of the cartels may be coming to an end. The piece is The Breakdown of Cartel Culture -- An Analysis.

Reductions in Coca Cultivation Don't Necessarily Mean Less Cocaine. The Global Post has a think piece on the reported decline in coca production and why it doesn't necessarily mean cocaine supplies are decreasing. Click on the link to read it.

Libya Hash Bust Sparks Deadly Battle. A hash bust in Benghazi last Saturday erupted into a pitched battle when armed gunmen attacked government forces who were destroying a major stash of hash seized from a cargo ship. At least seven people were reported killed. Government officials accused Al Qaeda of being involved.

Tunisia Will Reform Its Drug Laws. Tunisia is going to revamp its drug laws, a vestige of the Zine El Abidine Ben Ali dictatorship. The North African country has some 25,000 people in prison for drug offenses. Current laws don't differentiate between hard and soft drugs and require mandatory minimum prison sentences for any drug offense. A commission is expected to submit to parliament this summer an amended law that does away with the mandatory sentences of one-to-five years for drug possession.

New Zealand Poll Has Majority for Marijuana Reform. A majority of New Zealanders polled in a recent survey support reforming the country's marijuana laws. The New Zealand Herald-DigiPoll had 32% supported decriminalization and another 22% wanting it completely legalized, while 45% were opposed to any reform. Even among members of the ruling National Party, which opposes reform, 45% supported decrim or legalization.

Cops Need Warrants to Search Cell Phones, Supreme Court Rules

In an unusual unanimous decision, the US Supreme Court Wednesday ruled that police in almost all cases must obtain a search warrant before searching cell phones or other mobile devices. The ruling brings the huge amounts of data Americans store on cellphones, smartphones, and other mobile devices under the umbrella of constitutional privacy protections.

The decision came in two cases, one involving a drug bust and the other a weapons charge. The two cases were consolidated in the court's opinion in Riley v. California.

In ruling in favor of Americans' privacy, the high court rejected law enforcement arguments that cell phone searches did not require a warrant under an exception that allows police to search the contents of arrested people's pockets to ensure that they are not armed or do not destroy evidence. While that may be convenient for law enforcement, the court held, constitutional rights trump convenience.

The court was clearly aware that modern hand-held devices contain both the quality and quantity of information deserving protection as much as that afforded to people's personal property and effects in their homes.

"Modern cellphones aren't a technological convenience," Chief Justice John Roberts wrote in the unanimous opinion "With all they contain and all they may reveal, they hold for many Americans 'the privacies of life,'" he wrote.

As for law enforcement concerns that the court's ruling would prove an obstacle to some police investigations, Roberts had a pithy retort: "Privacy comes at a cost," he wrote.

And if police have reason to believe such devices may contain relevant evidence, they have recourse, Roberts wrote.

"Our answer to the question of what police must do before searching a cellphone seized incident to an arrest is accordingly simple -- get a warrant."

Of course, that means police must convince a magistrate they have probable cause to seek a search warrant.

The American Civil Liberties Union liked what it saw in the decision.

"By recognizing that the digital revolution has transformed our expectations of privacy, today's decision is itself revolutionary and will help to protect the privacy rights of all Americans," said ACLU legal director Steven R. Shapiro in a Wednesday statement. "We have entered a new world but, as the court today recognized, our old values still apply and limit the government's ability to rummage through the intimate details of our private lives."

Washington, DC
United States

Chronicle AM -- June 24, 2014

Your fearless reporter has been traveling, so the schedule is off, but the drug policy news continues. Paul Stanford calls it quits in Oregon, pot shops are coming within days in Washington, an Alabama drug task needs to reconsider its priorities (or maybe the people funding it need to reconsider theirs), and more. Let's get to it:

Coming soon to a store near you -- if you live in Washington state.
Marijuana Policy

Paul Stanford Pulls Plug on Oregon CRRH Initiative. Paul Stanford, the man behind the Campaign for the Restoration and Regulation of Hemp legalization initiatives, announced Friday that had given up the effort to qualify for the November ballot. That leaves the New Approach Oregon initiative, which is well over 100,000 signatures. It needs some 87,000 valid voter signatures to qualify, and the campaign still has another week to get more signers.

Washington State Liquor Control Board Says First Marijuana Retail Stores Will Open July 8. The board, which is charge of legal marijuana commerce, said it will issue the first licenses July 7, but that the licensees would have to spend that first day getting their product into their store tracking programs.

Medical Marijuana

Rhode Island Legislature Amends Medical Marijuana Law. The legislature has amended the state's medical marijuana law to require national criminal background checks on all caregiver applicants and the mandatory revocation of the caregiver registry ID cards for those convicted of a felony. The bill, House Bill 7610, won final approval by the Senate last Friday. It also allows landlords not to lease to cardholders who want to grow and imposes weight, plant, and seedling limits on growing co-ops.

Collateral Consequences

Missouri Governor Signs Bill to End Food Stamp Ban for Drug Felons -- With Conditions. Gov. Jay Nixon signed into a law a bill that would allow people with drug felonies to obtain food stamps, but only if they submit to drug tests and an assessment to see if they need drug treatment, which they must enroll in and complete if they are determined to need it. The bill is Senate Bill 680. The 1996 federal welfare reform law banned drug felons from obtaining food stamps, but allowed states to opt out. By now, more than 30 have.

Opiates

Federal Bill Targeting Heroin, Prescription Opiates Filed. US Sens. Kelly Ayotte (R-NH) and Joe Donnelly (D-IN) have filed legislation that seeks to respond to rising levels of opiate use by creating a "Pain Management Best Practices Inter-Agency Task Force" to develop prescribing practices that aim to ensure "proper pain management for patients, while also preventing prescription opioid abuse." Along with federal agencies such as HHS, Defense, the VA, and the DEA, the task force would include treatment providers, people from pain advocacy groups and pain professional organization, and experts in pain research and addiction research. Pain advocates will be watching carefully. The bill, Senate Bill 2504, would also provide grants to expand prescription drug monitoring programs.

Law Enforcement

Texas to Spend $1.3 Million a Week on "Border Surge" Aimed at Immigrants, Drugs. Using the influx of underage immigrants across the US-Mexican border as a jumping off point, Texas authorities announced last week they plan to spend $30 million this year tightening border security, with a major emphasis on law enforcement and cutting drug flows. Gov. Rick Perry (R) has also asked President Obama to send a thousand National Guard troops, to be joined by hundreds of Texas troopers Perry is deploying to the border. What this will mean on the ground is more troopers patrolling the highways, more surveillance, more undercover operations -- in an area already sinking under the weight of the billions spent beefing up border security since 9/11.

Alabama Drug Task Force Gets Busy With Chump Change Drug Round-Up. The West Alabama Narcotics Task Force based in Tuscaloosa arrested 24 people last Friday in a round-up that "stemmed from multiple ongoing investigations." But they were almost entirely charges like "unlawful sale of marijuana within three miles of a school" ($30,000 bond), "unlawful possession of drug paraphernalia" ($5,000 bond), and "unlawful possession of marijuana" ($15,000 bond). Only five of the charges didn't involve marijuana, and of those, three were for possession of a controlled substance, two were "unlawful sale of cocaine within three miles of a school," and one was for "interfering with government operations."

International

Vietnam Upholds Death Sentences for 29 Drug Smugglers. A Vietnamese appellate court last Thursday upheld the death sentences for 29 people convicted. The court reduced one other death sentence in the case to life in prison. The sentences came in what is Vietnam's largest heroin case ever, with 89 defendants and 1.5 tons of heroin involved.

Bolivia Coca Cultivation Drops to 11-Year Low. Coca cultivation declined 9% in Bolivia last, reaching the lowest level since 2002, according to the annual Bolivian coca survey conducted by the UN Office on Drugs and Crime (UNODC). This is the third straight decline, in line with the Bolivian government's commitment to reduce production to 50,000 acres by 2015. The 2013 crop was about 55,000 acres.

British Medical Association to Debate Legalizing Marijuana. Britain's largest doctors' organization will debate a motion calling on it to legalize marijuana as its Annual Representatives Meeting continues this week after a weekend hiatus. "The current law isn't working and only by adopting a different approach can we regulate, educate and exert a level of quality control," the motion says. "Cannabis use should be treated primarily as a health issue, not a criminal justice issue."

Worldwide Protests Set for UN Anti-Drugs Day This Thursday [FEATURE]

This Thursday, June 26, is the United Nations' International Day against Drug Abuse and Illicit Trafficking, which has been used by many governments to justify harsh crackdowns and promote harsh punishments, including exemplary executions. This year, activists around the world will hold their own demonstrations calling not for war more drug war, but for less.

While most UN anti-drug events are fairly anodyne -- last year's highlights include a "sharing best practices" seminar in Vienna and the release of the annual World Drugs Report -- other activities associated with the day are downright gruesome. In 2008, Indonesia marked the day by resuming drug executions; in 2009, China celebrated it by executing 20 people, and last year, China got a jump on events by executing six people in the run-up to anti-drug day.

Civil society is saying "enough." In more than 80 cities across the globe, activists gathering under the banner "Support, Don't Punish: Global Day of Action" will be taking to the streets to protest against policies that have led to mass incarceration, the exacerbation of health crises, and the prospering of violent criminal drug trafficking organizations. Instead, "Support, Don't Punish" will call for a more effective and humane approach to the drug issue, one based on public health, harm reduction, and human rights.

While the global drug war is estimated to cost $100 billion a year -- with unclear impact for reducing harms related to substance abuse -- "Support, Don't Punish" calls for investments in proven, cost-effective harm reduction responses for people who use drugs, and for the decriminalization of people who use drugs and the removal of other laws that impede public health services.

The campaign is truly global, with the endorsement of more than 150 organizations, including not only well-known groups such as the Drug Policy Alliance and the International Drug Policy Consortium, but also local, regional, and national groups from every continent except Antarctica.

Mass demonstrations and other actions are planned in London, New York, Paris, Warsaw, Mexico City, Kathmandu, Rome, Phnom Penh, Tbilisi, Kuala Lumpur, Moscow and more than 70 other cities. The actions include peaceful demonstrations, street performances, public meetings and workshops, social media campaigns and advertisements on public transportation and billboards.

A trio of activists in different cities around the globe contacted by the Chronicle provide a hint of what to expect.

"In London, we will be holding a demonstration outside Parliament to highlight the failure of the war on drugs and calling on the UK government to end the criminalization of people who use drugs under the 'Support Don't Punish' banner," said Niamh Eastwood, executive director of the British drug NGO Release, which is organizing the London event. "Additionally, we will be writing to the Prime Minister asking for reform of national policy and asking that the British government commit to meaningful engagement in the international discussions leading to the UN drugs summit in New York in 2016 allowing for discussion of alternatives to prohibition."

"In Mexico City, we have created a microsite that summarizes the ten reasons why every Mexican should be involved and interested in drug policy reform," said Adam Barra, program officer for the youth-oriented organization Espolea. "The site includes video capsules of public figures, as well as info graphics that present the most relevant information to form one's own opinion on drug policy. Lastly, the site includes the support of over 20 national organizations from various sectors of society and diverse thematic focuses," Barra added.

"The site will be launched on June 26, as Bee Open Space in Mexico City, and will be followed by a panel with renowned experts on the subject who will make a balance of the punitive versus the health approaches currently used in Mexico," he continued. "After the panel, guests will be invited to watch a screening of the documentary The House I Live In. We expect 50 people be present at the launching, but we expect half a million unique visits to the site over the next month."

"In Katmandu, we will convene a national symposium, as well as demonstrations and marches here and in five other Nepalese cities, said Anan Pun, founder of the Nepalese Coalition for Health, Human Rights, and Harm Reduction (Coalition H3). "We will be doing awareness-raising and media outreach, as well as building the leadership and advocacy skills of various actors, including media, civil society and community groups, and their networks."

While "Support, Don't Punish" protestors around the planet will be united in calling for reform of the UN drug control system -- the legal backbone of global drug prohibition -- each country has its own particular issues, and the campaign will be addressing those as well.

"We will be highlighting the damage caused by our drug laws at a national level," said Release's Eastwood. "In particular, the fact that drug policing disproportionately targets the Black and Asian communities, with black people being six times more likely to be stopped and searched for drugs than white people, and Asian people twice as likely to be searched. This is despite the fact that both groups use drugs at a lower rate than the white population. This is driving the racial disparity that exists in the criminal justice System in England and Wales," he explained.

"Our drug laws allow for the mass searching of certain communities. In London, for example, drugs searches make up 60% of all stop and searches. Despite being given ample opportunity to reform their practices the police have not been able to address racial disproportionately and we believe real change can only be achieved by reforming the laws and in the first instance ending criminal sanctions for possession of drugs," Eastwood explained.

"Mexico is one of the countries that has taken the war to its last consequences," said Espolea's Barra. "Official figures report over 60,000 deaths and 20,000 disappeared people in the period 2006-2012. In Mexico, only 1.8% of the population reported using drugs in the last year, yet we are seeing an average of 15,000 killings a year because of our drug policies. Former President Felipe Calderon addressed the UN and joined other countries in the region in calling for al revision of the global drug war consensus, and now we await the 2016 UN General Assembly Special Session on Drugs. It is crucial that Mexico improves its drug policy before then."

"In Nepal, we are urging all stakeholders, including the government, policymakers, and parliamentarians to make policy based on science and evidence -- fostering human rights, health and well-being of mankind rather than on total elimination of drugs from the world," said the Coalition 3H's Pun. "This is an important opportunity to build the country capacity for advocacy and mobilize the country for public health and rights-based drug policies. We need to hold our government and every other actors accountable and stand up for humane and evidence based drug policy in Nepal and elsewhere in the globe," he said.

This coming UN anti-drug day is about to get a response like never before. With the global demonstrations, the drug reform movement demonstrates both its worldwide reach and its imperative to change the world not just at the highest international levels, but at home as well. Different countries have different issues, but all of them are burdened by an international drug prohibition regime from the last century. There appears to be a growing consensus that it is time for something new.

Chronicle AM -- June 20, 2014

Two killer narcs face consequences for their actions, New York is set to become the 23rd medical marijuana state, the Pope comments on drug policy, prohibition-related violence flares in Mexico and Peru, and more. Let's get to it:

Killed by a Utah narc. Finally, there might be some justice for Danielle Willard. (facebook.com)
Marijuana Policy

FDA Studying Whether to Reclassify Marijuana. The Food and Drug Administration (FDA) is studying whether marijuana should be moved from Schedule I -- no medical use, high potential for abuse -- to a less restrictive schedule. The agency is acting at the request of the DEA, which is considering another rescheduling petition. Federal agencies have fended off efforts to reschedule marijuana for more than 40 years. The FDA reviewed marijuana's classification in 2001 and 2006 and found no reason to change it then.

Medical Marijuana

New York to Become 23rd Medical Marijuana State. The New York legislature and Gov. Andrew Cuomo (R) reached a last-minute compromise on medical marijuana this week, and today, the state Senate and Assembly approved the compromise bill, Program Bill 57. Gov. Cuomo says he will sign the bill into law, making New York the 23rd medical marijuana state.The bill is more limited than many patients and advocates would have preferred. It forbids smoking medical marijuana, although patients may vaporize or consume it in edibles. It also forbids using the raw plant. And it limits access to those with specified qualifying conditions, including cancer, multiple sclerosis, and epilepsy.

Drug Policy

Pope Says Nope to Dope. Pope Francis told participants at a drug control conference that he opposes marijuana legalization, and he's not so sure about using opiate maintenance to treat heroin users. 'Drugs are an evil, and with evil you can't give way or compromise," Francis said. "Even the partial legalization of so-called recreational drugs, besides being questionable on legal grounds, doesn't produce the intended effects," according to the text of his remarks posted on the Vatican web site.

California Set to End Ban on Food Stamps for Drug Felons. The California legislature has approved a bill that will once again allow people with drug felonies to obtain food stamps. A 1996 federal law barred drug felons from food stamp programs, but also gave states the ability to opt out. With the passage of Assembly Bill 1468, which Gov. Jerry Brown (D) is expected to sign, California will have done so. Only 12 other states continue to ban drug felons from getting food stamps.

Harm Reduction

North Carolina Injury Free Medication and Drug Overdose Prevention Summit Coming Next Month. State agencies and non-profits will take part in medication and overdose prevention summit on July 14 in Raleigh. Click on the lick for more details.

Law Enforcement

Utah Narc Charged With Manslaughter in Death of Danielle Willard. Former West Valley City Police undercover narcotics officer Shaun Cowley has been charged with manslaughter in the November 2012 shooting death of Danielle Misha Willard. Willard, who was unarmed, was shot and killed as she backed up her car in an apartment building parking lot. Cowley and another officer, who were investigating heroin sales, claimed they feared for their lives, but prosecutors didn't buy it. "Mr. Cowley acted in a reckless manner, and the evidence that we have does not support that his life was in danger or give him the justification to use the force that he did," said Salt Lake County prosecutor Sam Gill. The case has already resulted in a major shake-up in the department, and Willard's family has already filed a civil lawsuit.

Georgia Narc Must Pay Millions to Family of Pastor He Killed in Drug Investigation. A federal judge has ruled that Georgia undercover narc Billy Shane Harrison used unreasonable force in the killing of Pastor Jonathan Ayers and must pay his widow $2.5 million. Harrison shot and killed Ayers in a convenience store parking lot as Ayers attempted to drive away from undercover officers approaching him. They thought Ayers had some connection with a woman they were investigating, but he was just acting as a pastor.

International

Cartel Drug Wars Inflaming Mexico's Tamaulipas State. Dozens of people have been killed and numerous others have gone missing in Mexico's northeastern state of Tamaulipas since April as factions of the Gulf Cartel fight for dominance there. Click on the link to read more.

Peru Clashes Leave Soldier, Shining Path Guerrillas Dead. A Peruvian army soldier and three suspected Shining Path guerrillas have been killed in gun battles this week between security forces and suspected drug traffickers in the VRAE (Valleys of the Apurimac and Ene Rivers), a major Peruvian coca producing region. The soldier died fighting "narco-terrorists," Peruvian authorities said.

Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

(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.)

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