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Chronicle AM: INCB Rejects Drug War, ME Pot Legalization Init Rejected, More... (3/2/16)

The International Narcotics Control Board takes a surprising stand, Maine's pot legalization initiative hits an unexpected roadblock, Denver NORML files a pot social club initiative, a Florida needle exchange bill heads to the governor's desk, and more.

INCB head Werner Sipp: "The conventions never called for a war on drugs." (incb.org)
Marijuana Policy

Maine Says Legalization Initiative Short on Signatures, Campaign Strongly Disagrees. The secretary of state's office today rejected the legalization initiative from the Campaign to Regulate Marijuana Like Alcohol, saying it had failed to hand in a sufficient number of valid voter signatures. The group handed in more than 99,000 signatures and only needed 61,000 valid ones to qualify for the November ballot, but the state rejected more than 48,000 signatures, and now the campaign is crying foul. "Based on documents they have provided, it appears that more than 17,000 valid signatures from registered Maine voters were excluded from the count because the signature of a single notary — whose notary commission has not expired — did not exactly match the signature the state has on file for that notary," MPP Maine political director David Boyer said in a written statement. "We are exploring all legal means available to appeal this determination and we sincerely hope that 17,000-plus Maine citizens will not be disenfranchised due to a handwriting technicality."

Mississippi House Rejects Legalization. Offered unexpectedly as an amendment to a drug penalties bill, House Bill 701, a bid to legalize marijuana went down 90-29 Tuesday. Lawmakers said it was the first time in decades, and possibly ever, that the House had voted on marijuana legalization.

New Hampshire Poll Has Strong Support for Legalization. Some 62% of adults polled in a new WMUR Granite State survey favor legalizing marijuana, and 72% of those surveyed said they would approve of selling it in licensed retail outlets.

Denver NORML Files Marijuana Social Club Initiative. The group today submitted an initiative to legalize marijuana consumption clubs and special events. "Denver residents and visitors alike need places other than private homes to legally and responsibly enjoy legal marijuana with other adults," said Jordan Person, executive director of Denver NORML. "This submission to city council is the first step. We’ll get feedback from the city, finalize the language, then start gathering signatures to put it on the ballot," Person said.

Heroin

Maine Bill to Refelonize Heroin Possession Advances. Last year, legislators voted to make small-time heroin possession a misdemeanor; this year, they are on a path to reverse themselves. On Monday, the Criminal Justice and Public Safety Committee approved LD 1554, which would let prosecutes charge anyone possessing heroin, meth, or more than 14 grams of cocaine with a felony. The bill is supported by the administration of Gov. Paul Le Page (R).

Harm Reduction

Florida Needle Exchange Bill Heads for Governor's Desk. The House today approved Senate Bill 242, which authorizes the creation of pilot program to establish needle exchange programs in Miami-Dade County.  The bill now heads to the desk of Gov. Rick Scott (R).

International

INCB Rejects War on Drugs. In its

released today, the International Narcotics Control Board criticized militaristic approaches toward drugs and said excessive punishments of drug users run counter to UN treaties. "As the Board has stated on numerous occasions, the international drug control conventions do not require the incarceration of drug users," wrote the 13 medical and legal experts who make up the board. "The conventions never called for a war on drugs," added INCB President Werner Sipp.

Bill Maher-Inspired Protest Will Smoke Out the White House

This article was produced in collaboration with AlterNet and first appeared here.

Inspired by a warning from comedian Bill Maher that progress on marijuana reform could be rolled back after President Obama leaves office, advocates in the nation's capital have announced a bold protest next month to press Obama to move on marijuana while he still can.

While Obama has largely not interfered with marijuana legalization in states that have approved it, he has also signaled that he is not going to be proactive on the issue. A little more than a month ago, he said marijuana reform is not on his list of end-of-term priorities, and his press spokesperson, Josh Earnest, paraphrased his position thusly: "'If you feel so strongly about it, and you believe there is so much public support for what it is that you're advocating, then why don't you pass legislation about it and we'll see what happens.'"

Led by indomitable DC activist Adam Eidinger, the man behind the District's successful marijuana legalization initiative in 2014, the DC Cannabis Campaign is instead calling for supporters to gather in front of the White House to demand that Obama reschedule marijuana through executive action as he has the power to do, and that he pardon people jailed for marijuana crimes. Attendees will be encouraged to fire up in acts of civil disobedience.

In an interview with US News and World Report, Eidinger predicted at least a thousand people would show up, and maybe many, many more.

"There is a huge pent-up demand for this right now, we actually do have the support to do this," he said. "We're calling on the whole country to come. This is a national mobilization. Some of us may end up in jail, and that's fine. It's actually necessary at this point."

Eidinger said the DC Cannabis Campaign has polled its supporters on whether to organize the protest after Maher warned on his HBO show legalization in the states is at risk as long as federal pot prohibition remains. Maher toked up on air as he issued his warning. Maher will be invited to attend the protest, Eidinger said.

"We have to take action now, that's the idea," Eidinger explained. "If it's not going to happen under Obama, it's sure as hell not going to happen with Hillary."

Obama, who has said he considers marijuana no more harmful than alcohol, represents the best chance for rescheduling marijuana, and for emptying the prisons of pot offenders, Eidinger argued.

"He should pardon tens of thousands of marijuana growers in jail right now. And he should be pardoning them all," he says. "The war on drugs is a failure? Mass incarceration is a failure? Then do something about it."

Protestors are not anti-Obama, Eidinger said, they just want him to do the right thing.

"This is going to be an extremely personal protest with the president," Eidinger says. "It is not going to be Trump people out there. This is going to be his so-called base that thought he would do something for us essentially giving up. The only way to stop this protest is to start doing something. We threw the gauntlet down today, essentially."

See Maher's comments here:

Washington, DC
United States

Chronicle AM: "Baby Bou Bou" Wins $3.6 Million Settlement, Pill Testing Battle Looms Down Under, More... (2/29/16)

Justice at last for Baby Bou Bou, Minneapolis decriminalizes, Ohio lawmakers resort to more drug war, Iran executes all the males in a village for drugs, Australian harm reductionists pledge to open a pill testing center at festivals despite government opposition, and more.

"Baby Bou Bou" before and after a Georgia SWAT team raided his home. (Family photos)
Marijuana Policy

North Dakota Legalization Activists Hand In Revised Initiative. Organizers of a marijuana legalization initiative that was earlier rejected by state officials resubmitted their proposal last Friday. The secretary of state now has about one month to review the petition and draft a summary that could be used during the signature gathering process.

Minneapolis Softens Pot Penalties. The city council voted last Friday to reducing small-time pot possession from a misdemeanor to a petty misdemeanor. Petty misdemeanors are not crimes under state law because they are not punishable by jail time. The move is more symbolic than anything, since pot possession is already a petty misdemeanor under state law.

Medical Marijuana

Georgia House Approves CBD Cannabis Oil Expansion, But Still No Legal Source. The House Monday approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland House Approves Medical Marijuana Expansion Bill. The House last Friday approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

New Mexico Reveals Names, Addresses of Medical Marijuana Growers, Sellers. The state Health Department has posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Law Enforcement

Family of Infant Injured in Georgia Drug Raid Wins $3.6 Million Settlement. The family of "Baby Bou Bou" Phonesavanh, who was burned by a flash bang grenade during a misbegotten, failed drug raid in Cornelia in May 2014, has been awarded $3.6 million in damages. No police were charged in the raid, which hit the wrong home. The infant's medical bills are estimated at $1 million. The Georgia county where the raid took place refused to pay them.

Sentencing

Ohio Bill to Heighten Punishments for Drug Dealers is Moving. The measure, House Bill 171, would lower the threshold for labeling someone "a major drug offender" from 250 grams of heroin to 100 grams. It passed the House last year and is currently in Senate committee hearings. The Office of the Ohio Public Defender and the ACLU of Ohio are opposing the measure, arguing that is just another criminalizing response to what should be viewed as a public health and safety issue.

International

Poll Finds Strong Majority of Canadians Support Pot Legalization. A new Globe & Mail poll has support for legalization at 68% nationwide, with majority support (55%) even in the conservative-leaning prairie provinces. Liberal Prime Minister Justin Trudeau has promised to legalize it and has called on former Toronto Police Chief Bill Blair to come up with the best model for legalization. The poll found Canadians split on home cultivation, with 49% in favor and 48% opposed.

Iran Executed Every Adult Male on Drug Charges in One Village. Iranian Vice President for Women and Family Affairs Shahindokht Molaverdi told the semi-official Mehr news agency last week that every adult male drug crimes were rampant in some areas, including "a village in Sistan and Baluchistan province where every single man was executed." Molaverdi pointed to the executions as an example of the government failing to deal with drug trafficking in its southern regions and said Tehran needs to better support the families of those executed. "Their children are potential drug traffickers as they would want to seek revenge and provide money for their families,” she said. "There is no support for these people. We believe if we do not support these people, they will be prone to crime."

Australian Festival Pill Testing Battle Heightens. Harm reductionists seeking to reduce deaths and injury among music festival goers are planning an unsanctioned pill testing scheme and will result to civil disobedience if necessary. The New South Wales government today reaffirmed its opposition to the pill testing pilot project, but activists said they will go ahead with a van staffed with toxicologists and shielded from police by barriers of supporters who will risk arrest to protect the testers from prosecution. The project is still months away from being implemented, though. 

Chronicle AM: 60% Say Legalize It in CA Poll, AK Pot Shops to Open This Fall, UT MedMj Bill Moves, More... (2/26/16)

Pot shops will come to Alaska this fall, a new poll suggest legalization will come to California this fall, a medical marijuana bill advances in Utah, the Montana Supreme Court puts the hurt on medical marijuana sales, and more. 

Opinion polls suggest marijuana is pretty well normalized in California. (Darrin Harris/Drug Policy Alliance)
Marijuana Policy

Alaska Retail Marijuana Sales to Begin This Fall. The state's Marijuana Control Board has released an updated timeline that says growing and testing licenses will be issued in June and the first retail and manufacturing facility licenses will be issued in September. Shops should open shortly after that. The Board began taking business license applications Wednesday and had 68 the first day.

New California Poll Has 60% for Legalization. A new Probolsky poll asked respondents if they would support a pot legalization initiative "likely bringing in millions in new revenues for government programs." Some 60% said they did, with only 37% opposed. Legalization was supported by all age groups except people over 65. The poll's margin of error was +/- 3.1%.

Michigan Legalization Bill Filed. State Sen. Coleman Young II (D-Detroit) has introduced Senate Bill 813, which would legalize, tax and regulate marijuana commerce in the state. The bill was filed Wednesday and referred to the Senate Judiciary Committee.   

Wyoming House Committee Strips Felony Penalty from Pot Edibles Bill. The House Judiciary Committee voted Thursday to remove language from Senate File 96 that would make possession of more than three ounces of edibles a felony. Instead, the bill now calls for increasingly stiff misdemeanor penalties for second and subsequent convictions for possessing them. The bill has already passed the Senate, so the changes will have to be thrashed out in conference committee.

Medical Marijuana

Georgia Poll Finds Strong Support for Allowing CBD Cannabis Oil Cultivation. An 11Alive News/Survey USA poll has support for growing marijuana for medical purposes at 66%, with only 23% opposed. The poll comes as the legislature is advancing a bill that would have allowed that, but had that provision stripped out in committee. The bill in question is House Bill 722.

Montana Supreme Court Radically Limits Medical Marijuana Sales. In a decision Thursday, the state's high court ruled that medical marijuana providers could be paid for their services, but limited each provider to no more than three patients, banned medical marijuana advertising, and upheld automatic reviews of physicians who recommend it to more than 25 patients. In the decision, the court largely upheld a 2011 law passed by the GOP-dominated legislature aimed at gutting the state's then free-wheeling medical marijuana program.

Utah Medical Marijuana Bill Passes Senate. The Senate voted 17-12 Thursday to approve Senate Bill 73, sponsored by Sen. Mark Madsen (R-Saratoga Springs), which would allow a medical marijuana program in the state, but now allow patients access to raw buds. The vote to approve came despite the opposition of the Mormon Church. The measure now goes to the House, where its prospects are uncertain.

Sentencing

Vera Institute of Justice Report on Jails Released. As part of its Incarceration Trends Project, Vera has released The Human Toll of Jail, which aims to raise the public perception of jail incarceration by shedding light on the everyday experiences of those who pay that toll, or work to decrease it. The report launched Wednesday with 10 stories told in interviews, video, photography, and comics journalism, including people who have been in jail and their families, a prosecutor, a public defender, a judge, and others on the frontlines of local justice systems.

International

Clashes Break Out Between Burmese Christian Anti-Drug Vigilantes and Opium Farmers. Members of the vigilante group, Pat Jasan, who had been in a stand-off with security forces near opium growing region, reported they had been ambushed by opium farmers, leaving three people injured and about 30 others taken prisoner by the farmers. Security forces had allowed the vigilantes to clear some opium fields, but they then engaged in skirmishes with farmers who have vowed to protect their crops. 

Chronicle AM: WA Drug Task to Disband, Cites Legalization; Harm Reduction Bills Advance in FL, NM, More... (2/18/16)

Even South Carolinians want drug policy reform, a Washington state drug task force calls it quits after marijuana legalization, harm reduction measures advance in Florida and New Mexico, and more.

With marijuana legal, drug task forces are having to reassess. (Darrin Frisby Harris/DPA)
Marijuana Policy

Oregon House Passes Marijuana Fine-Tuning Bill. The House voted overwhelmingly Tuesday to approve House Bill 4014, one of three bills this session aimed at fine tuning the state's marijuana legalization program. The bill removes residency restrictions for owning cannabusinesses, reduces some penalties for marijuana offenses, and adjusts licensing requirements to fit the needs of small farms, among other provisions.

Medical Marijuana

Arkansas Attorney General Approves Medical Marijuana Initiative. Attorney General Leslie Rutledge (R) has certified the popular name and title of the Arkansas Medical Marijuana Amendment of 2016. Now, initiative backers can begin the process of gathering some 85,000 valid voter signatures to qualify for the November ballot.

Asset Forfeiture

Iowa Legislature Punts on Asset Forfeiture Reform. A subcommittee of the Senate Judiciary Committee Wednesday took up Senate File 2166, which would have ended civil asset forfeiture in the state, but after a contentious hearing, the subcommittee voted to simply study the issue and develop recommendations for addressing it next year.

Drug Policy

Poll Finds South Carolinians Surprisingly Open to Drug Reforms. According to a a new poll released by the Drug Policy Alliance, a large majority of South Carolina's notably conservative primary voters supports ending mass incarceration, even across party lines. A substantial majority, furthermore, supports decriminalizing drug possession. Some 70% said they considered reducing incarceration rates an important issue and 59% said they favored decriminalizing drug possession.

Drug Testing

Maine Moves to Make It Easier for Employers to Do Drug Testing. The Department of Labor is calling on lawmakers to streamline the approval process for employee drug testing policies and to implement a program to train managers to spot drug-related impairment in the workplace. The proposal comes as an amendment to LD 1384, which is the subject of a Labor, Commerce, Research and Economic Development Committee work session today.

Harm Reduction

Florida Needle Exchange Bill Advances. The House Health and Human Services Committee Wednesday unanimously approved House Bill 81, which would create a pilot program to establish needle exchange programs in Miami-Dade County. The bill now heads for a House floor vote. Companion legislation in the Senate, Senate Bill 242, also awaits a floor vote.

New Mexico Legislature Approves Overdose Prevention Bills. A pair of bills that would allow individuals and organizations to possess and distribute the opioid reversal drug naloxone (Narcan®) have passed out of the legislature and are headed for the governor's desk. The measures are House Bill 277 and Senate Bill 262.

Law Enforcement

Washington State Drug Task Force to Disband, Cites Marijuana Legalization, Funding Cuts. The East Side Narcotics Task Force is going out of business in June after a quarter-century of fighting drug offenses. "The member agencies did an evaluation of the task force and its mission, and what we decided was that the task force had run its course and that due to a variety of challenges, it was time to sunset the task force and look at other options," Bellevue Police Chief Steve Mylett explained. One of those challenges was marijuana legalization: "When the state law changed, it made us pause and take a look at our mission," Mylett said. "When I arrived in Bellevue (in April 2015), the police chiefs were already discussing how marijuana laws were changing the whole drug trade landscape." He also complained that federal grants to fund such task forces were declining.

International

Saudis Execute Two Yemenis for Smuggling Hash. Yemeni citizens Ahmed Mubarek and Abdul Salam al-Jamali were executed in the Saudi border city of Jazan Wednesday after being convicted of smuggling hashish into the kingdom. Saudi Arabia has already executed 62 people this year, putting it on a pace to exceed last year's 153 executions, the highest number in two decades. It's not clear how many people have been executed for drug offenses.

Chronicle AM: NH, NM Legalization Bills Killed, FL & WY Forfeiture Reform Advances, More... (2/15/16)

A pair of state marijuana legalization bills get defeated, a pair of state asset forfeiture reform bills advance; House Republicans want states to be able to drug test food stamp recipients, Senate Democrats want $600 million in anti-heroin funding, Mexico cartel mayhem continues, and more.

Senate Democrats want $600 million to fight the heroin and pain pill epidemic. (Chicago PD)
Marijuana Policy

New Hampshire House Kills Legalization Bill. The House voted last Thursday to kill House Bill 1694, which would have legalized the use of marijuana by adults. The House has previously passed legalization, only to see if die in the Senate. Another legalization bill, House Bill 1610, is currently before the House Criminal Justice and Public Safety Committee.

New Mexico Senate Kills Legalization Initiative Bill. The state Senate last Friday voted 24-17 to kill SJR 5, which would have placed a constitutional amendment to legalize marijuana on the November ballot. Six Senate Democrats voted "no" along with all the Republican members.

North Dakota Legalization Initiative Needs Redo. State Attorney General Wayne Stenehjem (R) said last Thursday that a legalization petition submitted the day before was flawed because it used a list of Schedule I substances that was not current. Eric Olson, who heads the sponsoring committee for the initiative, said the committee will resubmit the petition. The group has until July 11 to come up with some 13,000 valid voter signatures.

Medical Marijuana

Hawaii Lawmakers Ponder Bill That Would Allow Outdoor, Greenhouse Grows. Under the state's medical marijuana law, the Department of Health has decided that all cultivation must take place in an enclosed structure, but lawmakers say that wasn't their intent, and they are preparing a bill that would clarify that medical marijuana could be grown in the open air, in greenhouses, or in shade houses.

Massachusetts Doubles Amount of Medical Marijuana Patients Can Purchase. The Department of Public Health last Friday more than doubled the amount of medicine patients can possess after regulators said laboratories can ensure the safety of the drug. Now, patients will be able to buy up to 10 ounces of medical marijuana every two months.

Asset Forfeiture

Florida Asset Forfeiture Reform Bill Advances. A bill that would end civil forfeiture was approved by the Senate Appropriations Subcommittee on Criminal Justice last Thursday. The measure is Senate Bill 1044, sponsored by Sen. Jeff Brandes (R-St. Petersburg).

Wyoming Asset Forfeiture Reform Bill Advances. A bill that would end civil forfeiture was approved by the House Judiciary Committee last Thursday. The measure is House Bill 14. It is nearly identical to a bill that easily passed the legislature last year, only to be vetoed by Gov. Matt Meade (R). It looks like another veto showdown could be coming.

Drug Policy

London School of Economics Issues "After the Drug Wars" Report. A new report from the London School of Economics, After the Drug Wars, calls for the war on drugs to be replaced by sustainable development goals (SDGs). The report is endorsed by Colombian President Juan Manuel Santos and five Nobel Prize recipients. "The question now is not, whether to end the 'war on drugs', but what to replace its failed policies with," said Dr John Collins, coordinator of LSE IDEAS International Drug Policy Project and editor of the report. "The path to drug peace becomes clearer if we look to the SDGs as the way to address the root causes of many socioeconomic problems, one of which is problematic drug use. It is also the way to tackle the systemic causes of illicit market violence, which is often a product of and worsened by hard-line prohibitionist policies. The global priorities should be -- develop first, manage drug issues second. If states pursue prohibitionist policies in the absence of development and political integration, the result is usually instability, violence and failures on drug control goals. To be successful states must recognise that policies need to be properly sequenced. Focusing on the SDGs over counterproductive drug control goals is the way to do this."

Democrats Seek $600 Million for Emergency Heroin Bill. Just after the Senate Judiciary Committee approved the Comprehensive Addiction and Recovery Act (Senate Bill 524), Senate Democrats announced they will try to add a $600 million funding measure authored by Sen. Jeanne Shaheen (D-NH) to the bill. The measure includes funding for treatment, prevention, and recovery at the state level, as well as funding for treatment and law enforcement programs. Senate Majority Leader Mitch McConnell (R-KY) is expected to bring the Recovery Act to the Senate floor shortly.

Drug Testing

House Republicans Pushing Measure to Allow States to Drug Test Food Stamp Recipients. Rep. Robert Aderholt (R-AL), chair of the House Agricultural Appropriations Subcommittee, last Thursday unveiled a measure that would allow states the option of drug testing people who apply for the federal Supplemental Nutrition Assistance Program (SNAP) program. The Agriculture Department, which administers the program, currently says states cannot impose new requirements, such as drug testing, under the program.

Harm Reduction

Alaska Naloxone Bill One Vote Away From Passage. A bill to increase access to opioid overdose reversal drugs passed its final House committee vote last Friday and now heads for a House floor vote. The measure, Senate Bill 23, has already passed the Senate. It grants immunity for those prescribing or administering naloxone (Narcan) and allows pharmacies to legally dispense the drugs to members of the public without a prescription.

Law Enforcement

Maine Bill to Stiffen Penalties for Out of State Drug Dealers Advances. The Criminal Justice and Public Safety Committee voted mainly along party lines last Wednesday to approve LD 1541, which would increase the sentences for out of state drug dealers. The measure advanced despite criticism that it would be difficult to prove drug importation in court and that the state already sufficiently punishes drug dealers. It is being championed by Gov. Paul Le Page, who was called for the use of the guillotine to execute drug dealers, called for vigilantes to shoot drug dealers, and accused black drug dealers from New Year of impregnating white Maine girls.

International

Four Swiss Cities to Create Cannabis Club Pilot Projects. Basel, Bern, Geneva, and Zurich have agreed to launch a pilot project for cannabis clubs where consumers could use the drug. The projects are to be run over four years and will be scientifically evaluated. But they must first be approved by canton governments and the federal office of public health.

Mexican Cartel Prison Battle Leaves 49 Dead. A battle last Wednesday between Zetas cartel members and rivals from other drug gangs left 49 people dead at the Topo Chico prison near Monterrey. One inmate was killed by gunfire; the rest by being stabbed with bottles or blades or by being hit with objects. The prison has long housed Zetas, who dominate much of its interior.

Upstart Mexican Cartel Makes a Move on Tijuana. After five years of relative peace in the border town, killings are on the increase, with many of the victims described as low-level members of the city's drug trade. The uptick in violence is being blamed on the Jalisco New Generation cartel, which has been leaving messages with mutilated corpses on city streets or hanging from bridges. People were being killed at a rate of more than two a day in January, making it the most violent January since 2010. Jalisco New Generation is believed to be challenging the Sinaloa cartel, which currently dominates the Tijuana drug trade.

A Maryland Lawmaker's Paradigm-Shifting Approach to the Heroin and Pain Pill Crisis [FEATURE]

With nearly 47,000 Americans dying of drug overdoses in 2014 -- more than from gunshots or car crashes -- the problem of heroin and prescription opioid (pain pill) addiction is getting well-deserved attention. From community town halls to state capitals, as well as in Congress and on the rival presidential campaigns, the crisis is spawning demands for solutions.

http://stopthedrugwar.org/files/dan-morhaim-180px.jpg
Dan Morhaim
The response, in general, has been more sympathetic than to earlier waves of hard drug use, such as heroin in the 1960s or crack cocaine in the 1980s, which brought down the harsh drug war policies of Nixon and Reagan. Now, there are more calls for drug treatment than for further law enforcement crackdowns, police departments are carrying overdose reversal drugs, and public health agencies are taking on a more prominent role.

But addicts continue to be arrested, with all the deleterious consequences that entails, and, when it comes to policy, the problem of addiction remains largely in the realm of criminal justice. Harm reduction practices proven in other parts of the world improve both the lives of drug users and those of the communities they live in continue to be shunted aside in the US.

That could change in at least one state. Veteran Maryland Delegate Dan Morhaim (D-Baltimore County) has just introduced a paradigm-shifting package of bills that would begin to move the state's posture toward drug use from prohibition to public health and harm reduction. Morhaim, a practicing physician with three decades of frontline hospital ERs, brings to his approach a vision formed by that experience.

If enacted, Morhaim's package would mark a radical, but commonsensical, humane, and scientifically-supported shift in Maryland's drug policies. Here's what it includes:

  • Emergency Room Treatment on Demand. House Bill 908 provides treatment on demand in emergency rooms and hospital settings. The bill requires acute care hospitals to have a counselor available or on-call at all times and specified arrangements for transferring patients to appropriate treatment settings. Addicted patients make up a large percentage of uninsured visits to ERs, making them an ideal place for initial therapeutic contact.
  • Safe Consumption Sites. House Bill 1212 allows individuals to use drugs in approved facilities while supervised by trained staff who also provide sterile equipment, monitor the person for overdose and offer treatment referrals. Similar on-going programs in Australia, Canada, and several European countries have eliminated overdose deaths, reduced the spread of disease, and provided points of accessto the most hard-to-reach drug users.
  • Drug Decriminalization. House Bill 1219 decriminalizes the possession and use of small quantities of drugs: one gram of meth or heroin, two grams of cocaine, 10 hits of MDMA, 150 micrograms of LSD. The object is to keep otherwise non-criminal drug users out of the criminal justice system, saving resources and avoiding saddling more residents with criminal records.
  • Heroin Maintenance. House Bill 1267 allows a four-year pilot study of "poly-morphone assisted treatment" with pharmaceutical grade opioids, including heroin, to treat under medical supervision a small number of hardcore users who have proven resistant to other forms of treatment. Ongoing heroin maintenance programs in several European countries have been shown to reduce illegal drug use, decrease crime, reduce the black market for heroin, and lead to less chaotic lives for their participants.

The package didn't exactly come out of nowhere. Morhaim's experiences in the ER, where he dealt not only with direct consequences of drug use -- overdoses, infections -- but also direct consequences of drug prohibition -- old women injured in muggings for black market drug money, the toll of dead and wounded in black market drug turf battles -- colored his approach.

"I'm a physician, not a prosecuting attorney," Morhaim told the Chronicle. "I come at this from a public health perspective. We talk about 'surges' to fight this and that, but what we haven't had in this country is a surge in the public health approach, real, substantive public health. This is different, and some will see it as controversial, but I'm comfortable with that. This is something that's really corroding the heart and soul of our society."

He wasn't alone.

"I've had a lot of conversations, and my district has generally been very supportive of these kind of innovative things. No negative feedback. There's a broad consensus that the war on drugs is a failure," Morhaim said. "People are really cognizant of that. And I'm an Emergency Room physician at a Level II trauma center, I've also done healthcare for the homeless. I've been on the front lines, seen the carnage, the death, the violence, and the way this affects the families, and I'm speaking from true experience, and people respect that."

Not only did Morhaim have support in his community, he had support from a strong group of advocates and experts.

"As things were coming to a head, Delegate Morhaim reached out to us at the Drug Policy Alliance (DPA)," said DPA staff attorney Lindsay LaSalle, who was involved in developing the proposals. "He said he felt like he could offer progressive solutions to the crisis and he wanted our subject matter expertise to help develop those proposals."

DPA, Law Enforcement Against Prohibition (LEAP), whose executive director, Neill Franklin, is a former Baltimore police officer, and the Open Society Foundations joined with academics, lawyers, doctors, and harm reductionists to develop and refine the policy proposals that became the bill package. Local institutions of higher learning, including the University of Maryland, the University of Baltimore, and Johns Hopkins University, had academics involved in the effort as well.

Passing the bills won't be easy, and it's not likely to happen this year, but Morhaim and his supporters are playing to win in the not-too-distant future.

"Dan is currently on the second year of a four year term," LaSalle said. "These bills were introduced strategically this term with the understanding that it would be a year of educating colleagues and generating positive media coverage. This is always a long game; we don't expect passage this year, but we hope to gain traction on one or more of these in the next two or three years."

"I've been in the legislature a long time, and I've learned you just have to be persistent, you listen and address concerns, maybe you accept an amendment to a bill," Morhaim said.

He pointed to the successful effort to get medical marijuana through the legislature.

"On that, people had suggestions, and we said let's fix it in the bill," he recalled. "Law enforcement didn't oppose it because I sat down and worked with them."

He also recalled legislative battles he had fought -- and won -- around smoking in restaurants and the use of safety seats for children.

"Banning smoking in restaurants seemed impossible in 1995, but now it's commonplace," he said. "The same with kids safety seats. Both of those were hard-fought on the political level, but when we talk to people, we can convince them. These things take time, but when you recognize what's not working, then you can explore what is. People are looking for answers."

Although Morhaim's package of bills is the most comprehensive, explicit harm reduction interventions are being considered in other places, too. California will see a safe consumption site bill introduced next week, and activists and officials in a number of cities, including New York City, San Francisco, and Seattle are laying the groundwork for such facilities at the local level.

"We're getting traction on these issues," said LaSalle. "Nevada was the first state with a heroin-assisted treatment bill, and while it didn't get out of committee, we had robust hearings, with international experts. And that California bill will be moving forward this session. Drug treatment and harm reduction don't always go hand in hand, but in this case the treatment community is cosponsoring or officially supporting safe consumption sites."

Meanwhile, some states are moving in the opposite direction. In Maine, the administration of Tea Party Gov. Paul Le Page (R) is seeking to reverse a law passed last year that defelonized drug possession. (The rambunctious Republican has also called for guillotining drug dealers, blamed black drug dealers for impregnating white Maine girls, and called for vigilantes to shoot drug dealers.) And next door in New Hampshire, the attorney general wants to start charging heroin suppliers with murder in the event of fatal overdoses. Prosecutors in other states have also dusted off long-unused statutes to bring murder or manslaughter charges.

"We need to ask those people why they're doubling down on a failed policy," said LaSalle. "Why would this work now when it's just more of the same that's been in place for four decades, and now we have use and overdoses and Hep C increasing."

"I understand the impulse to 'Do Something!' in response, and because criminalization has been our go-to response, it seems logical that increasing penalties or prosecutions is a way to solve the problem, but we know, we have shown, that it is not. It's frustrating."

It can be worse than frustrating, too, LaSalle noted.

"Using murder charges as a whipping stick in the case of overdoses is really counterproductive," she said. "If the goal is to reduce overdoses, this is going to reduce the likelihood of anyone calling 911. Maybe they shared their stash, and if they could face murder charges, they now have a serious disincentive to call."

Clearly, the war on drugs is not over. But after half a century of relying predominantly on the forces of repression to deal with drug use, a new vision, both smarter and more humane, is emerging. Now comes the political fight to enact it.

Annapolis, MD
United States

Chronicle AM: WVA Welfare Drug Test Bill Advances, ME Voters Want Drug Decrim, More... (2/9/16)

Medical marijuana bills get filed not only in Iowa, but also Australia and Greece, a new poll shows enlightened drug policy attitudes among Maine voters, Republican US senators hold competing events for and against sentencing reform legislation, and more.

Medical marijuana is seeing action at statehouses in the US and in foreign capitals. (wikimedia.org)
Medical Marijuana

Florida Medical Marijuana Bill Reemerges. A bill that would allow terminally ill patients to use medical marijuana has come out of hibernation in the House. After months on the sidelines, the bill, House Bill 307, was approved by the House Appropriations Subcommittee Tuesday on a 9-2 vote. It now needs one more committee vote before heading for the House floor.

Iowa Medical Marijuana Bill Filed. State Rep. Peter Cownie (R-West Des Moines) Tuesday filed a bill that would make it legal to grow medical marijuana, produce CBD cannabis oil, and create dispensaries. The bill is not yet on the legislative website. Republican lawmakers last year killed similar legislation.

Drug Policy

Maine Voters Support Drug Decriminalization, Not Punitive Drug Policies, Poll Finds. Nearly two-thirds (64%) of voters support decriminalizing drug possession, according to a new poll conducted by Public Policy Polling. More than seven out of 10 (71%) said substantially reducing incarceration rates was important to them. The poll comes as the state's Tea Party governor, Paul Le Page (R), is pushing legislation that would roll back reforms passed last year that make simple drug possession a misdemeanor instead of a felony.

West Virginia Senate Passes Welfare Drug Testing Bill. The Senate overwhelmingly (32-2) approved Senate Bill 6, which would create a three-year pilot program to drug test applicants for the Temporary Assistance for Needy Families (TANF) program if state employees have "reasonable suspicion" they are using drugs. "Reasonable suspicion" can be triggered by applicants demonstrating "qualities indicative of substance abuse" or having been arrested on a drug charge in the past five years. The bill now goes to the House of Delegates.

Law Enforcement

Massachusetts Bill Would Let Users Turn in Drugs Without Fear of Punishment. Rep. Ann-Margaret Ferrante (D-Gloucester) has filed a bill that would allow addicts seeking treatment to turn in unwanted drugs without the threat of prosecution. A person "who, in good faith, enters a police station and seeks assistance or treatment for a drug-related addiction, or is the subject of a good faith request for such assistance or treatment, shall not be charged or prosecuted for possession of a controlled substance" if the evidence for such a charge was gained as a result of seeking treatment. The bill is before the Joint Judiciary Committee.

Sentencing

Republican Senators and Law Enforcement Leaders Rally for Federal Sentencing Reform Bill. Sens. Charles Grassley (R-IA) and Mike Lee (R-UT) joined law enforcement leaders today for a Capitol Hill briefing in support of the Sentencing Reform and Corrections Act of 2015 (S. 2123). The briefing, supported by Law Enforcement Leaders to Reduce Crime and Incarceration, comes the same day two other Republican senators, Tom Cotton of Arkansas and Jeff Sessions of Alabama, hosted an event to oppose the bill.

International

Australian Government Files Medical Marijuana Legislation. The federal government today filed legislation to allow the cultivation of marijuana for medical or scientific purposes. The bill would create a national scheme to regulate cultivation for such purposes.

Greek Lawmakers File Medical Marijuana Bill. Twenty members of the governing Syriza Party Monday filed legislation to legalize marijuana for medical and pharmaceutical purposes. "The proven beneficial effect in cases of especially dangerous diseases, such as glaucoma, cancer, epilepsy, anorexia nervosa, malignancies make the legalization of cannabis as medicine -- already used in many developed countries -- imperative. The criminalization of cannabis use has resulted in leading many patients and their families to acquire cannabis through illegal channels, something that entails substantial loss of revenue for the State, organized crime activities and pushing patients to resort illegal activities," the lawmakers argued.

Chronicle AM: MJ Arrests Plummet in NYC & Jamaica, ME May Refelonize Drug Possession, More... (1/4/16)

What a difference a policy change makes! After decrim in Jamaica and actually enforcing decrim in New York City, marijuana arrests plummet in both places, a bill to cut pot penalties advances in Kansas, a bill to refelonize hard drug possession is in play in Maine, and more.

Jamaican ganja decriminalization has seen marijuana arrests plummet. (wikimedia.org)
Marijuana Policy

Kansas Senate Approves Cutting Marijuana Penalties. The state Senate Wednesday voted 38-1 to approve House Bill 2049, which lowers marijuana possession penalties. The bill moves first time pot possession from a Class A to a Class B misdemeanor and it moves second-time pot possession from a felony to a Class A misdemeanor. The Senate rejected an effort by Sen. David Haley (D-Kansas City) to decriminalize marijuana possession.

New York City Marijuana Possession Arrests Plummet. Marijuana possession arrests in the city hit their lowest level in 20 years last year, according to new data released by the State Division of Criminal Justice Services. Some 16,590 people were arrested for pot possession last year, down 42% from the year before and down a whopping 67% from 2011, when more than 50,000 people were arrested. While the arrests are down dramatically, what has not changed is the racial disparity in arrests: 88% of those arrested were black or Latino.

Medical Marijuana

California Governor Signs Bill to Kill Medical Marijuana Decision Deadline. Gov. Jerry Brown (D) Wednesday signed Assembly Bill 21, which will give cities and counties more time to develop local rules for commercial medical marijuana cultivation. An error in last year's statewide medical marijuana regulation bill had imposed a March 1 deadline for localities to act or they would lose control over regulating the grows to the state. More than a hundred cities and counties banned commercial cultivation in recent months as the deadline loomed.

Sentencing

Maine Officials Argue for Refelonizing Drug Possession. State Attorney General Janet Mills Wednesday asked lawmakers to approve a bill, LD 1554, that would refelonize the possession of hard drugs such as heroin and methamphetamine. The legislature last year made first-time drug possession a misdemeanor when the defendant had no previous convictions, but Mills and other administration officials argued that without the threat of a felony conviction and sentence (up to five years)) hanging over their heads, drug users could not be forced into drug treatment. " A felony charge brings with it the possibility of a significant period of probation … along with a long sentence hanging over the person," Mills said. "That kind of potential sentence gives the person an incentive to get into treatment and to demonstrate their commitment to recovery." But Mills is getting pushback from lawmakers. Another working session on the bill is set for next week.

International

Marijuana Legalization Could Cut Mexican Cartel Revenues By One-Quarter, Report Says. Mexico supplies between 30% and 50% of the pot consumed in the US, with the drug cartels raking in between one and two billion dollars a year, but that figure could be cut by up to 26% if legalization proceeds apace in the US, according to a report from the Instituto Belisario Dominguez for the Mexican Senate as it debates marijuana policy this spring. Legalization in Mexico itself "could benefit Mexico because that would increase the financial damage to the cartels, especially the Sinaloa cartel."

Jamaica Ganja Arrests Plummet After Decriminalization. National Security Minister Peter Bunning said Tuesday that police have arrested 14,000 fewer people for marijuana possession since the government decriminalized it last year. He pointed out that arrests have serious consequences, including not being able to get a visa to visit the US and problems with finding employment.

Chronicle AM: FL MedMJ Init Qualifies for Ballot, VT Gov Endorses Pot Legalization Bill, More... (1/28/16)

Busy, busy. State legislatures are in full swing, and the bills just keep coming. Meanwhile, Florida's medical marijuana initiative has qualified for the ballot, Vermont's governor endorses legalization, and more.

Heroin is on the agenda at statehouses this week. (wikimedia.org)
Marijuana Policy

Federal Judge Throws Out Lawsuit Against Colorado's Legalization. A Colorado US District Court judge has rejected a lawsuit challenging the legality of marijuana legalization in the state. The lawsuit was filed by a Washington, DC-based anti-marijuana group, the Safe Streets Alliance, and asked the court to find the state and Pueblo County guilty of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. The judge in the case rejected the claims, concluding that private parties have no standing to seek recourse for alleged violations of the Supremacy Clause, which makes federal law the supreme law of the land. Another lawsuit, filed by the states of Nebraska and Oklahoma, is still being decided.

New Mexico Poll Finds Strong Support for Legalization. Three out five (61%) adult New Mexicans support legalizing and regulating marijuana, according to a new poll from Research & Polling. The poll comes as the legislature ponders two bills, one that would amend the state constitution to let voters decide the issue, and one that is a straightforward legalization bill. The bills are Senate Joint Resolution 5 and House Bill 75, respectively.

Vermont Governor Endorses Legalization Bill. Gov. Peter Shumlin has endorsed the Senate Judiciary Committee's legalization bill, Senate Bill 137. "The War on Drugs has failed when it comes to marijuana prohibition," Gov. Shumlin said. "Under the status quo, marijuana use is widespread, Vermonters have little difficulty procuring it for personal use, and the shadows of prohibition make it nearly impossible to address key issues like prevention, keeping marijuana out of the hands of minors, and dealing with those driving under the influence who are already on Vermont's roads. The system has failed. The question for us is how do we deal with that failure. Vermont can take a smarter approach that regulates marijuana in a thoughtful way, and this bill provides a framework for us to do that."

DC Poll Finds Residents Want District to Move Ahead With Regulation -- Despite Congress. A substantial majority of District residents believe Mayor Bowser should move forward with taxation and regulation of marijuana despite Congressional prohibition, according to a survey conducted over the weekend by Public Policy Polling (PPP) for the Drug Policy Alliance, DC Vote, DC Working Families and the Washington City Paper. Two-thirds (66%) of respondents believe the mayor should pursue a legal method (such as use of reserve funds) to implement taxation and regulation of marijuana in the District. In light of congressional interference attempting to prevent such regulation, 63% of residents view marijuana legalization as a statehood issue for the District.

Medical Marijuana

Americans for Safe Access Releases Report on State Medical Marijuana Programs. The patient advocacy group graded each state and graded harshly. No state earned an "A" and only 12 earned a "B." Read the report here.

California Bill to Halt Medical Marijuana Bans Heads to Governor's Desk. After passing the Senate earlier this week, Assembly Bill 21, has now passed the Assembly and awaits a signature from Gov. Jerry Brown (D). The bill lifts a March 1 deadline for localities to regulate medical marijuana or lose control to the state. The deadline has prompted more than a hundred localtities to enact bans on various sorts in a bid to retain local control.

Florida Medical Marijuana Initiative Qualifies for the November Ballot. The group behind the effort, United for Care, said Wednesday the Division of Elections has recorded 692,981 verified voter signatures, nearly 10,000 more than needed to qualify. A similar effort won 58% of the vote in 2014, but failed to pass because constitutional amendments require 60% of the vote to pass in Florida.

Heroin and Prescription Opiates

Injection Drug Use Driving Appalachian Hepatitis B Infections. The Centers for Disease Control and Prevention report that acute Hepatitis B was up 114% in Kentucky, Tennessee, and West Virginia between 2009 and 2013. The report found that injection drug was tied to 75% of the new cases. Unlike Hep C, Hep B can be prevented with a vaccine, but vaccine coverage is low among adults nationwide.

Maine Governor Wants Gunowners to Shoot Drug Dealers. Just days after saying Maine should revive the guillotine to execute drug dealers, Gov. Paul LePage suggested just shooting them instead. "I tell ya, everybody in Maine, we have constitutional carry," LePage said in an on-camera interview in Lewiston. "Load up and get rid of the drug dealers. Because, folks, they're killing our kids," the governor said. He then denied that he was encouraging vigilantism.

New York Assembly Minority Task Force Releases Report on Heroin Addiction. The task force has come out with suggestions for combating heroin and opiate addiction. The recommendations include earlier drug education, involuntary "emergency medical" detention of addicts, and a felony "death by dealer" statute. Now, the task force must work with Assembly Democrats to create legislation.

Drug Testing

South Dakota Welfare Drug Testing Bill Killed in Committee. The Health and Human Services voted to kill a bill that would have required welfare applicants to undergo mandatory, suspicionless drug testing. Even the Republican governor had opposed the bill.

International

Producers of Prohibited Plants Issue Declaration Ahead of UNGASS. The Global Forum of Producers of Prohibited Plants (coca, opium, marijuana) is demanding that growers be heard at the UN General Assembly Special Session on Drugs in April. In a joint declaration from producers in 14 countries, the group urged an end to forced eradication of drug crops, the removal of the three plants from international drug control treaties, and sustainable rural economic development. Click the title link for a full list of participants and recommendations.

Drug War Issues

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