Sentencing

RSS Feed for this category

Here Comes the Big One: The ReformCA Marijuana Legalization Initiative [FEATURE]

The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.

The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs.

"We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot," ReformCA said. "We engaged in extensive discussions with thousands of stakeholders across California, including community leaders, activists, elected officials, city and county employees and locals."

ReformCA also consulted with the California NAACP, the Latino Voters' Leagues, Law Enforcement Against Prohibition, and medical, health care and environmental groups. It took part in lengthy discussions with the Drafting Advisory Group, which includes state and national activist and industry groups, including the Drug Policy Alliance, the Marijuana Policy Project, Americans for Safe Access, the California Cannabis Industry Association, the Greater Los Angeles Collective Alliance, the Emerald Growers Association, New Approach, the Harborside Group, and the Council on Responsible Cannabis Regulation.

"We've filed our proposed initiative language based on the policy priorities and common sense reforms Californians have been asking for for six years now" and the Manatt, Phelp and Phillips Law Firm has created "an elegant policy document," ReformCA said, adding that it was crafted to comport with the guidelines laid down by pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy and to complement the statewide medical marijuana regulation scheme approved last month by the legislature.

A handful of other legalization initiatives have already been filed, and some are approved for signature gathering, but there isn't much sign that any of them have the bucks or the organization to get the job done. It takes some 365,000 valid voter signatures to qualify for the November 2016 elections, a number that means paid signature gathering at a cost that could run a million dollars or more.

And that's just to get on the ballot. With 38 million residents and some of the country's largest media markets, California is an expensive place to run an initiative advertising campaign -- as in $10 million or $20 million or more.

Let the campaign begin! (reformca.com)
There is money out there, and unlike 2010, when Richard Lee's Proposition 19 came up short, both financially and at the polls, the state's already existing legal (medical) marijuana industry looks to be gearing up to help. Earlier this year, Weedmaps.com contributed $2 million toward the cause, with half going to an initiative campaign committee that will spend it on the initiative it likes best. The other half is going to a PAC that will work to elect pro-legalization candidates. Facebook cofounder Sean Parker, who did support Prop 19, says he will probably invest in a legalization initiative, too.

But if, as expected, both the Drug Policy Alliance and the Marijuana Policy Project get behind the ReformCA initiative -- they were a teensy bit nervous last week -- that should help open the floodgates and pave the way to getting those signatures and making the ballot.

This is a first draft of the initiative, and the campaign is seeking feedback before filing a final version, but only until midnight Pacific Time this Wednesday. Here's what it will do:

  • Personal Use and Cultivation. Legalizes possession of up to an ounce by people 21 and over and allows for personal cultivation of up to 100 square feet and the possession of "the results of lawfully harvested homegrown cannabis."
  • Unlawful Acts. A $100 fine for minors possessing or sharing not more than an ounce with other minors; a $500 fine for adults providing less than an ounce to minors, for minors who possess more than an ounce but less than a pound, for adults who possess more than an ounce, for public consumption, and for smoking up in a moving vehicle; either a misdemeanor or infraction (prosecutor's choice) for possessing more than a pound, selling more than an ounce but less than a pound, growing marijuana beyond 100 square feet without a license or as a minor; a felony for providing pot to minors under 18, distribution to other states, growing on federal or state protected lands, or engaging in violence.
  • Driving. No measuring metabolites. Instead: "A person shall be deemed to be under the influence of cannabis if, as a result of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle or operate a vessel with the caution of a sober person, using ordinary care, under similar circumstances. This standard shall be the sole standard used in determining driving under the influence allegations."
  • Employment. Does not affect employers' ability to fire employees for marijuana use.
  • Medical Marijuana. With limited exceptions, "does not infringe upon the protections granted under the Compassionate Use Act of 1996," grants business licenses to existing, compliant medical marijuana businesses.
  • Regulated Marijuana Commerce. Establishes the California Cannabis Commission and the Office of Cannabis Regulatory Affairs to regulate and rule-make; envisions licenses for cultivation, nursery, manufacturing, distribution, transportation, retail, and testing enterprises.
  • Local Control. Cities and counties can ban marijuana commerce, including retail outlets, but not delivery services, but only by popular vote -- not by executive or legislative action. This means the default position is "no ban."Localities cannot ban personal cultivation.
  • Taxation. Tax on cultivators of $2 per square foot licensed; production tax paid by first purchaser of $15 an ounce ($5 an ounce for first 500 pounds from small producers); 10% retail sales tax -- half to the state and half to the locality.

Remember this is just the draft, but ReformCA is finally out of the gate. California should join the ranks of the legalization states next year, and the Control, Regulate and Tax Cannabis Act of 2016 is the most likely vehicle.

Oakland, CA 95472
United States

Chronicle AM: Senate Has Deal on Sentencing Reform, OR Legal Pot Sales Begin Today, More (10/1/15)

Oregon dispensaries can now sell marijuana to all comers (21 and over), a bipartisan group of senators announces a deal on major sentencing reform, Albuquerque's mayor vetoes decrim again, heroin policy on the campaign trail is featured, and more.

now on sale to adults in Oregon (wikimedia/Mangokeylime)
Marijuana Policy

Family Physicians Say Marijuana Should Be Decriminalized, Rescheduled. Meeting in Denver, the American Academy of Family Physicians has passed two resolutions on marijuana policy. The first originally called for legalization, but was watered down to decriminalization, while the second calls on the DEA to move marijuana from Schedule I to Schedule II of the Controlled Substances Act. Click on the link for details on the debate.

California Marijuana Arrests Decline to Lowest Level Since 1966. Data from the FBI's annual Uniform Crime Report shows that pot arrests in the state are at the lowest in nearly 50 years. Some 19,711 people were arrested on marijuana charges last year, down slightly from 20,346 in 2013. Arrests have nose-dived since the state decriminalized possession in 2008. But some things apparently never change: Blacks were arrested for marijuana offenses at a rate more than twice their percentage of the state's population.

Legal Recreational Marijuana Sales Are Now Underway in Oregon. Medical marijuana dispensaries across the state began selling pot to anyone with an ID showing he is 21 or over today. State officials moved to allow dispensaries to start selling recreational marijuana early in order to allow Oregonians to have a place to legally purchase it until adult use shops open next year. Not all dispensaries are participating; about 200 of the 345 in the state are.

Albuquerque Mayor Vetoes Decriminalization (Again). Mayor Richard Berry has vetoed a decriminalization ordinance passed by the city council. He vetoed a similar measure last year. In a veto statement, he said he had a "hard time signing legislation that preempts state and federal law." Except that it doesn't. Decriminalization has majority support in the city and Bernalillo County, but the mayor doesn't appear to be listening.

Heroin and Prescription Opiates

Heroin As a Campaign Issue. This USA Today story looks primarily at the attention Hillary Clinton is paying to heroin and opiate addiction in New England and the role of Vermont Gov. Peter Shumlin (D) in advising her on drug policy, but also mentions Carly Fiorina and Bernie Sanders. Jeb Bush has also been talking about addiction this week.

Sentencing

Senators Reach Deal on Sentencing Reform Package. A bipartisan group of senators announced a historic deal on criminal justice reform Thursday, rounding out a negotiation process that has lasted almost five months. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release, among other things. Look for a Chronicle feature story on this in coming days.

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

Chronicle AM: The Pope on Dope, Marijuana Arrests Jump, NYC Safe Injection Site Campaign, More (9/28/15)

The pope criticizes the drug war at the UN, the president addresses overdoses and addiction in his weekly address, marijuana arrests jumped last year, a campaign to bring safe injection sites to New York City is launching, and more.

Pots busts jumped last year. Why?
Medical Marijuana

Minnesota Lawmakers Get Earful from Patients at Hearing. The task force overseeing the state's medical marijuana program heard from patients and providers at a hearing last Friday, with complaints about high prices and logistical problems getting lots of attention. Click on the link for more details.

Drug Policy

Pope Francis Criticizes War on Drugs. During his address to the United Nations last Friday, Pope Francis turned from criticizing "systemic violence" in places like Syria and Ukraine to addressing violence linked to drug prohibition -- although without calling it that. "Along the same lines I would mention another kind of conflict which is not always so open, yet is silently killing millions of people. Another kind of war experienced by many of our societies as a result of the narcotics trade," Pope Francis said. The drug war is failing, the pontiff said, and it brings dire consequences. "[It is] a war which is taken for granted and poorly fought. Drug trafficking is by its very nature accompanied by trafficking in persons, money laundering, the arms trade, child exploitation and other forms of corruption," he continued. Click on the link for a full transcript of his remarks.

President Obama Uses Weekly Address to Talk About Preventing Substance Abuse. Obama used his weekly radio address last Saturday to encourage people to participate in "National Drug Take-Back Day" that same day, warning that too many Americans are dying of drug overdoses. "More Americans now die every year from drug overdoses than they do in car crashes," he said. "And most of those deaths aren't due to drugs like heroin or cocaine, but rather prescription drugs." Click on the link for a full transcript of the president's address.

International Drug Policy Conference in DC in November. The Drug Policy Alliance is hosting the world's premier drug policy conference in suburban Washington, DC, on November 18-21. Click on the link for much more information.

Harm Reduction

Campaign for Supervised Injection Sites Coming to New York City. The Open Society Foundation will host a town hall Wednesday on innovative solutions to public drug use and overdosing, including supervised injection sites. It's the opening salvo in a campaign to bring such sites to New York City. While a proven harm reduction measure, no such sites currently operate in the United States. Click on the link for more.

Law Enforcement

Nationwide Marijuana Arrests Jumped Last Year. The FBI has released its annual Uniform Crime Report. The report shows that nearly 701,000 people were arrested for marijuana offenses in 2014, up from 693,000 the previous year. Nearly 90% of all arrests were for possession.

International

United Nations Will Monitor Honduras War on Drug Gangs. The UN will open a human rights monitoring office in Honduras to monitor potential human rights violations by security forces as they pursue their war on drug gangs, President Juan Hernandez said Sunday. Hernandez and his predecessor, Porfirio Lobo, have increasingly relied on the military to fight gangs, and complaints about human rights violations have been piling up.

Bolivian Drug Law Reforms Would Reduce Penalties for "Microtraffickers," Consumers. The government of President Evo Morales has proposed reforms of the country's drug laws that would cut sentences for consumers and small-time traffickers. The proposal has been sent to the Legislative Assembly. Click on the link to read more in Spanish.

Chronicle AM: Republicans on Drugs, O'Malley on Marijuana, NC Needle Bill Advances, More (9/17/15)

Republican presidential contenders spar over drug policy, Martin O'Malley talks marijuana, Ohio's Supreme Court slaps down biased ballot language for ResponsibleOhio's initiative, pot people will march in Vienna on Saturday, and more.

logo of the Michigan Cannabis Coalition, one of two groups trying to put legalization on the 2016 ballot
Marijuana Policy

Martin O'Malley Meets With Colorado Marijuana People, Calls for Reclassification. Former Maryland governor and Democratic presidential contender Martin O'Malley met Thursday with state marijuana regulators, activists, and industry representatives and said he would immediately change federal marijuana policy if elected. He reiterated his pledge to reclassify marijuana as Schedule II, but stopped short of calling for legalization.

Michigan Initiatives in Midst of Signature Gathering. Two competing legalization initiatives are now deep in the signature-gathering phase. The Michigan Cannabis Coalition says it has collected nearly 170,000 signatures, which its petitioners are trying to verify as valid on the spot. Initiatives need some 252,000 valid voter signatures to qualify for the November 2016 ballot. A second initiative campaign, MI Legalize didn't provide precise figures but said it is "on pace" to qualify for the ballot. MCC would let the legislature set taxes for marijuana sales and establish licensing requirements for stores. It would limit personal grows to two plants. MI Legalize would peg the retail pot sales tax at 10%, put licensing in the hands of local communities, and allow up to 12 plants for personal grows.

Ohio Supreme Court Orders New Ballot Language for ResponsibleOhio Initiative. Handing a rebuff to state officials, the high court agreed with ResponsibleOhio that the state's description of the initiative "inaccurately states pertinent information and omits essential information. The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters." Now, the state Ballot Board must submit new, more accurate language. It could meet again as early as Friday. The state did win on one issue, though: Its language referring to the initiative as a "monopoly" will stay.

Drug Policy

GOP Candidates on Drugs At Last Night's Debate. Republican presidential contenders tangled over drug policy, with Sen. Rand Paul describing the damage of the war on drugs, recommending treatment and drug courts, and articulating a states' rights position on marijuana legalization, while Jeb Bush 'fessed up to smoking pot as a teenager, also endorsed treatment and drug courts, and hit back at Paul over heroin use. The anti-legalization Gov. Chris Christie touted his state's drug sentencing reforms, and Carly Fiorina claimed special consideration because her stepdaughter died of a drug overdose. Click on the link for a full review.

Heroin and Prescription Opiates

Massachusetts Bill Would Ban Oxycontin for Children. Responding to the FDA's approval of the use of Oxycontin for pain relief for children, a state representative has filed a bill to prohibit doctors in the state from prescribing the drug to kids. Rep. Diana DiZoglio (D-Methuen) filed House Docket 4154, which has yet to be assigned a bill number.

Harm Reduction

North Carolina Senate Passes Pilot Project/Needle Disposal Bill. The Senate today unanimously passed House Bill 712, which does two things. First, it states that anyone who declares a syringe or sharp object to a law enforcement officer prior to search cannot be charged for possession of the object or for any drug residue inside the object. This bill improves H 850, the needlestick prevention bill passed in 2013, which protected people from the paraphernalia charge, but not from the residue charge. Second, the bill authorizes two to four North Carolina counties to establish pilot programs to collect and safely dispose of used syringes in their communities. The North Carolina Harm Reduction Center will start these pilot programs on December 1, 2015 in Cumberland and Haywood counties. The bill has already passed the House and awaits the governor's signature.

International

Marijuana Activists to March in Vienna This Weekend. Organizers expect up to 10,000 people to march through Vienna on Saturday to protest drug law "reforms" that will still criminalize medical marijuana patients. The march is being led by Legalize! Osterreich, which has begun a parliamentary initiative to legalize marijuana. That initiative has 15,000 signatures so far.

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

Chronicle AM: CO Pot Tax Holiday, Toledo Decriminalizes, So Does South Palm Beach (Sort Of), More (9/16/15)

Marijuana, marijuana, marijuana. It's almost all pot news today, from Colorado taxes to decrim in Toledo and South Palm Beach, to a new federal bill aimed at ending DEA funding of marijuana eradication, and more.

Marijuana Policy

Congressmen Introduce Bipartisan Bill to Eliminate DEA Marijuana Eradication Program. US Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) today filed a bill that would end the DEA's Domestic Cannabis Eradication/Suppression Program. That program funds state and local law enforcement efforts to find and destroy marijuana grow sites. The bill would bar the use of such funds for that purpose. It's not yet available on the congressional website.

Colorado Becomes First State to See Marijuana Tax Revenues Exceed Alcohol Tax Revenues. In the past fiscal year, the state took in $70 million in marijuana taxes, far above the $42 million it got from taxes on alcohol.

Colorado Pot Tax Holiday Today. Because of a quirk in state law, the state must suspend collecting marijuana taxes today. The state underestimated total state tax collections in 2014, which results in the automatic suspension of "new" taxes, such as those imposed on marijuana under legalization there. Pot shops expect big crowds. The taxes return tomorrow.

Toledo Decriminalization Measure Passes Overwhelmingly. Voters approved the Sensible Toledo decriminalization ordinance by a margin of more than two to one. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

West Palm Beach Approves Ordinance Giving Police Possession Ticket Option.The city council Tuesday night approved an ordinance giving police the option of issuing $100 fines instead of misdemeanor charges against people caught with 20 grams or less of weed. The move is part of a South Florida trend toward de facto decriminalization.

Medical Marijuana

Iowa Activists Use Primary Attention to Pressure Candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.

International

In India's Punjab, Half of All Prisoners Are Drug Offenders. Of the 26,000 inmates behind bars in Punjab, 47% have either been convicted or are awaiting trial under the country's Narcotic Drugs and Psychotropic Substances Act. The crush of drug inmates is overwhelming jails in the state, which have an official capacity of 19,000. Many of the drug inmates are considered "addicts," and many of the state prisons have become "de-addiction centers."

Chronicle AM: CA on Verge of Regulating MedMJ, Federal No Mandatory Minimums Drug Bill Filed, More (9/11/15)

Nearly 20 years after the passage of Prop 215, California may finally get statewide medical marijuana regulation; the Illinois governor's veto pen has an impact, but also gets blunted; there's a new report on drug policy and human rights in Latin America, and more.

Rep. Maxine Waters (D-CA) has filed a bill to end mandatory minimum sentences for drug offenses. (house.gov)
Marijuana Policy

Illinois Decriminalization Bill Dies… For Now. The bill, House Bill 218, passed out of the legislature, only to be the subject of an amendatory veto by Gov. Bruce Rauner (R), in which he made several changes to the text of the bill. Now, the clock has run out on the legislature approving that language, but a new bill is expected to emerge and the state could still pass decriminalization this year.

Medical Marijuana

California Legislators Set to Pass Historic Medical Marijuana Regulation Package. Before day's end, the legislature is expected to approve bills that would finally bring statewide regulation to the thriving industry. The bills, Assembly Bill 266 and Senate Bill 643, are to be amended and passed today and then signed by Gov. Jerry Brown (D). Passage should create a full-fledged, highly regulated system with licensing for all stages of cultivation, production, distribution, and sales.

Illinois Governor Vetoes Medical Marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Heroin and Prescription Opiates

Senators Call for Review of FDA Decision on Oxycontin for Kids. A bipartisan group of senators have asked the Senate Health, Education, Labor, and Pensions Committee to investigate the Food and Drug Administration's August decision to approve the use of the powerful pain reliever in pediatric patients. The senators called the FDA move "a step in the wrong direction" in the face of growing levels of opiate dependency and abuse.

Illinois Legislature Overrides Veto of Heroin Treatment Funding. The state Senate Wednesday voted 44-11 to override Gov. Bruce Rauner's (R) veto of portions of an omnibus heroin bill that would have mandated Medicaid paying for drug treatment for heroin users. The state House had already voted to override, so now the whole range of House Bill 1 will go into effect.

Asset Forfeiture

California Legislature Kills Asset Forfeiture Reform Bill. Under heavy lobbying pressure from law enforcement, the state Assembly Wednesday killed Senate Bill 443, which would have reformed civil asset forfeiture in the state. The bill had enjoyed bipartisan support and nearly unanimous votes prior to the final Assembly vote. But there is still a chance the bill will be reconsidered and passed today, the last day of the session. Stay tuned.

Sentencing

Senator Kelly Ayotte Introduces Bill to Increase Fentanyl Trafficking Sentences. Sen. Ayotte (R-NH) Thursday filed S. 2027 to increase penalties for the synthetic opioid. There are no particulars on the bill available yet.

Rep. Maxine Waters Introduces Bill to End Mandatory Minimums for Drug Offenses. Rep. Waters (D-CA) Thursday filed H.R. 3489, "to eliminate mandatory minimum sentences for all drug offenses." There are no particulars on the bill available yet.

International

New Report Examines Drug Policy and Human Rights in Latin America. The Argentine Center for Legal and Social Studies (CELS) has released a new report, The Impact of Drug Policy on Human Rights: The Experience of the Americas, covering a wide range of issues, from long prison sentences for minor drug offenses to the way harsh drug policies run counter to international human rights standards. The report also highlights how such policies have a disproportionate effect on the poor, minorities, and other vulnerable members of society.

Chronicle AM: Pot Polls in MI & SC, CA Diversion Bill Goes to Governor; Ecuador Retrenches, More (9/10/15)

New polls show majority support for legalization in Michigan and overwhelming support for having the feds butt out in South Carolina, efforts to get a medical marijuana regulation bill passed in California are still alive, Ecuador's president wants to toughen sentences for small-time dealers, and more.

Marijuana Policy

Michigan Poll Has Support for Legalization at 56%. A new Public Sector Consulting/Denno Research/Michigan Public radio poll has support for legalization at 56.7%. Support was split between those who wanted only limited commercial production (21.2%), those who wanted to allow home growing (26.7%), and those who wanted to leave it to local governments (7.8%). The poll comes as several ballot initiatives are being developed.

South Carolina Poll Finds Voters Want Feds to Butt Out on Marijuana Policy. A survey commissioned by Marijuana Majority had 65% of respondents agreeing that "states should be able to carry out their own marijuana laws without federal interference, with only 16% agreeing that "the federal government should arrest and prosecute people who are following state marijuana laws."

Medical Marijuana

California Medical Marijuana Regulation Going Down to the Wire. The clock is ticking on the state's legislature, and Wednesday, officials from organized labor, local government, and law enforcement sent a letter to legislative leaders voicing concern about the legislature's inability to get a regulation bill done. "We note, respectfully, that there are no significant policy differences between the two houses of the Legislature on this issue, based on the latest versions of the language that each have produced and made available for distribution," states the letter from the UFCW Western States Council, League of California Cities, and state Teamsters and police chiefs organizations. "The existing differences between the houses on this issue therefore appear to reside elsewhere." One issue appears to be who gets to take credit for passing a regulation bill. More at the link.

New Jersey Appeals Court Rules Smell of Marijuana Is Still Enough for a Warrantless Search. Even though medical marijuana is legal in the state, an appeals court ruled Tuesday that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

Drug Policy

California Legislature Passes Pretrial Diversion Bill to Protect Immigrants. The Assembly Wednesday gave final approval to Assembly Bill 1351, which would prevent deportation and loss of public benefits for minor drug law violations by diverting offenders out of the criminal justice system before adjudication of their cases. The bill now goes to the desk of Gov. Jerry Brown (D).

International

Ecuador to Toughen Penalties for "Microtraffickers." In something of a policy reverse, President Rafael Correa has launched an effort to increase penalties for small-time drug dealers. His proposal would modify the country's drug sentencing scheme, which had effectively decriminalized the possession of up to a gram of heroin or 50 grams of cocaine. Correa introduced the sentencing reforms earlier in his term, but now says they amount to "impunity" for "microtraffickers."

Chronicle AM: MA Legalization Inits Get Go-Ahead, DC Needle Exchanges Cut HIV Infections, More (9/8/15)

Two sets of Massachusetts legalizers get the go-ahead for signature gathering, Denver activists will negotiate with the city over social marijuana use, Hillary Clinton unveils drug policy proposals, DC HIV infections drop thanks to needle exchanges, and more.

Democratic presidential contender Hillary Clinton rolls out drug policy proposals. (state.gov)
Marijuana Policy

Two Competing Massachusetts Legalization Initiatives Okayed for Signature Gathering. State Attorney General Maura Healey last week approved the competing initiatives, one from Bay State Repeal and one from the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol. Click on the group links to read the initiatives. The groups must collect 64,750 valid voter signatures by November to qualify for next year's ballot.

ResponsibleOhio Supporter Sues Secretary of State Over Sweeping Election Fraud Investigation. An unnamed individual has filed a federal lawsuit against Secretary of State Jon Husted (R) over his investigation of alleged electoral fraud in the ResponsibleOhio signature-gathering campaign. The suit argues that the probe will have a chilling effect on First Amendment rights of Ohioans who support the legalization effort and seeks an injunction to halt the investigation. Husted subpoenaed various ResponsibleOhio records, including "documents or electronically stored information related to or reflecting names of persons who created usernames and passwords to download petitions" from the group's website.

Albuquerque Decriminalization Effort is Back. Two city councilors, including council president Rey Garduno, filed a municipal decriminalization ordinance last Friday. They also filed a measure to make possession violations the lowest law enforcement priority. The council voted 5-4 last year for a decriminalization ordinance, only to see it vetoed by Mayor Richard Berry, who is still there. A vote is expected on September 21.

Denver Social Use Initiative Withdrawn; Organizers Seek Negotiated Deal With City. The Campaign for Limited Social Use, which submitted more than 10,000 signatures for a measure that would allow marijuana use in businesses only open to adults, has pulled the initiative before it could be certified for the ballot, saying it instead prefers to negotiate an agreement with city officials. The successful signature-gathering campaign should help the group in the negotiations.

Asset Forfeiture

Oklahoma ACLU Releases Seizure Data Report. The state affiliate of the ACLU has released a report showing that nearly two-thirds of all cash seized under state asset forfeiture laws was seized from people never charged with -- let alone convicted of -- a crime. The report comes as the legislature ponders a bill that would reform or eliminate civil asset forfeiture.

Drug Policy

Hillary Clinton Releases Drug and Alcohol Policy Proposals. The Democratic front-runner is calling for $10 billion in new federal grants to fight drug and alcohol addiction, which she called "a quiet epidemic" in the country. She identified five goals: better drug education for teens, increasing the availability of drug treatment, increasing naloxone (Narcan) access, broadening drug and prescription monitoring programs, and emphasizing treatment over prison for low-level drug offenders. Click on the link for more details.

Illinois House Overrides Governor's Veto of Heroin Treatment Funding. The House has successfully voted to override Gov. Bruce Rauner's (R) veto of parts of the Heroin Crisis Act. The override attempt now moves to the state Senate. Rauner vetoed sections of the bill that would offer Medicaid services to some heroin users, saying the state couldn't afford it.

Harm Reduction

DC HIV Infections Drop Dramatically With Needle Exchange Programs. The average monthly rate of new HIV infections in the nation's capital dropped by 70% after the District implemented a needle exchange program in 2008, according to a study released last week by George Washington University's Milken Institute School of Public Health. The program prevented 120 new cases of HIV/AIDS, saving the city some $44 million over just two years, the study found.

International

Mexican Opium Production on the Increase. Officials in both the US and Mexico are saying that Mexico's opium production jumped by 50% in 2014 alone. The increase is being tied to rising levels of heroin and opiate addiction in the US, but also to marijuana legalization in some US states -- legalization is pushing down the price of marijuana in Mexico, making opium poppies a more attractive alternative. Much more at the link.

Mexican Judge Okays Use of CBD Cannabis Oil for Epileptic Girl. A Mexico City administrative law judge has approved the use of CBD cannabis oil to treat Graciela Elizalde Benavides, an eight-year-old girl suffering from epilepsy. The judge ordered federal authorities to allow the girl's parents to import the drug. It's not clear when that will actually happen.

Bulgarian Member of Parliament Will File Medical Marijuana Bill. Independent lawmaker Velizar Enchev has announced he will introduce a medical marijuana bill this month. "Thousands of people are suffering in Bulgaria," he said. Last month, he launched a petition drive to gage support for medical marijuana. That petition now has some 3,730 signatures. Earlier this year, a judge acquitted a multiple sclerosis patient accused of growing his medicine, saying "numerous international studies" had proven the efficacy of medical marijuana.

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

Chronicle AM: Utah SWAT Raids Almost All Drugs, Bolivia Reduces Coca Growing (Again), More (8/18/2015)

A Wisconsin tribe may legalize marijuana, Ohio foes line up against the legalization initiative there, more Washington state dispensaries will be forced to close, a Utah SWAT reporting law shows what those squads are up to -- and it isn't hostage situations or "active shooters" -- Bolivia coca growing down, and more.

Bolivian President Evo Morales had a few choice words for US drug policy. (wikimedia.org)
Marijuana Policy

Ohio Legalization Initiative Foes Get Organized. Business, children's advocacy, parents, religious groups, and other groups organizing to defeat the ResponsibleOhio marijuana legalization initiative have formed an opposition organization, No on 3. Some are opposing it because of its limitations on who could grow commercial marijuana; others, like the Ohio Children's Hospital Association, have more traditional plaints: "The legalization of marijuana in Ohio at this time and the way issue three proposes would set too dangerous of a precedent and put at risk the other three million kids in the state," said Nick Lashutka, president of the association.

Wisconsin's Menominee Tribe to Vote on Legalizing Marijuana. The Menominee, one of the poorest tribes in the country, are set to vote this week on whether to legalize and sell marijuana. The move comes after the state rejected the tribe's plan to build a casino in Kenosha. The Menominee say they are interested in marijuana to "Explore all opportunities to diversify the tribe's economy, create jobs, and provide revenue to the tribe necessary to fund health, education, social, law enforcement and and other important services."

Medical Marijuana

Most Tacoma Dispensaries to Be Shut Down. The city council this week decided to shut down most of the city's 60 unregulated medical marijuana dispensaries. The dispensaries have 45 days to close. After passage of Senate Bill 5052, which essentially folds the medical marijuana system into the recreational marijuana system, dispensaries and collective gardens will have to get licenses from the state beginning next July 1 or shut their doors.

Heroin and Opioids

Massachusetts Officials Want to Jack Up Penalties for Fentanyl. State Attorney General Martha Healey joined legislators and law enforcement officials at a press conference Tuesday to press for legislation that would double prison sentences for people caught in possession of more than 10 grams of the synthetic opioid fentanyl. People caught with large amounts of heroin face up to 30 years, but under a lacuna in state law, people caught with large amounts of synthetic opioids can only be charged with possession with intent to distribute, with a maximum sentence of 10 years. "By criminalizing the trafficking of fentanyl, we will give police and law enforcement the tools they need to get this deadly drug off the streets and out of the hands of those struggling with addiction," Healey said. Some 1,200 people died of drug overdoses in the state last year, and another 312 in the first quarter of this year. [Ed: Why 10 years isn't more than enough for almost any law enforcement purpose, especially in a time of mass incarceration when that type of sentencing is coming under increasing criticism from across the political aisle, is not clear. How sad that a Democrat and former civil rights official in a liberal state is campaigning for longer sentences.]

Law Enforcement

Utah SWAT Reporting Law Shows Overwhelming Majority of Deployments Were for Drug Raids. Utah passed a SWAT reporting law last year, and now the first numbers are in. They show that SWAT teams were deployed nearly twice a day (559 reported incidents, with 25% of agencies failing to report) and, most startlingly, 83% of all SWAT deployments were to serve search warrants for drug offenses. Two-thirds (65%) of the drug raid SWAT deployments either "no-knock" or "knock and announce" raids where police force entry into homes without giving residents a chance to just let them in. Much more at the link.

International

Bolivia Coca Production Falls for Fourth Straight Year. The UN Office on Drugs and Crime announced Monday that the amount of land devoted to coca production dropped by 11% last year, continuing a trend that has seen land devoted to coca drop by more than a third since 2010. President Evo Morales touted his government's approach as more effective than the US-led war on drugs. "Eradication and fighting a war on drugs with military bases is not the solution, as we've seen in some Andean countries, where there are US officials waging the war on drugs," he said. He was referring to the world's two largest coca and cocaine producers, Colombia and Peru, where eradication efforts have provoked sometimes bloody strife.

Chronicle AM: The Case of the Dead ND Student Snitch, Brit Police Force De Facto Decriminalizes, More (7/21/15)

There will be an open container law for weed in Washington state, Rep. Earl Blumenauer (D-OR) files a bill to expunge some federal marijuana offense records, cops in one British county effectively decriminalize small-time marijuana offenses, there's a mystery surrounding a dead North Dakota student informant, and more.

British police in Durham have decided they have better things to do than go after small-time pot offenders. (wikimedia.org)
Marijuana Policy

Congressman Introduces Federal Clean Slate for Marijuana Offenses Act. Rep. Earl Blumenauer (D-OR) today introduced a bill designed to expunge federal marijuana offenses that are no longer illegal in a number of states. The Clean Slate for Marijuana Offenses Act of 2015 would clear the records of those federally charged with state-legal marijuana activity and those federally charged with possession of less than an ounce. It's not yet up on the congressional web site. Activists said its effects would be mainly symbolic.

Marijuana Legalization Money Being Raised in Maine. There are two competing legalization campaigns in the state, and both are fundraising. The Marijuana Policy Project-affiliated Campaign to Regulate Marijuana Like Alcohol has raised $104,166 so far this year, with $50,000 coming from MPP in June, while Legalize Maine has raised $55,575.

Washington State Has Open Container Law for Marijuana. Effective September 26, drivers will be required to store their weed in the trunks of their vehicles in an unopened container, or in a part of the passenger compartment "not normally occupied or directly accessible by" the driver or passengers. That's a provision of House Bill 1276, which Gov. Jay Inslee (D) signed into law on June 30. Medical Marijuana 

Michigan Panel Defers Decision on Medical Marijuana for Autism. The Michigan Medical Marijuana Review Panel postponed action on recommending whether or not autism should be a qualifying condition for medical marijuana. The panel said it wanted more time to review the evidence.

Sentencing

Federal Prosecutors Really Want Their Mandatory Minimums. Although only a tiny fraction of federal drug crimes involve violence, federal prosecutors are demanding that their mandatory minimum sentences be left unchanged. National Association of Assistant US Attorneys head Steve Cook warns that it would be "a huge mistake" to change federal sentencing laws. "The federal criminal justice system is not broken," he added, claiming that "drug trafficking is inherently violent." Oddly enough, only 142 of more than 20,000 federal drug offenses prosecuted last year involved violence or threats of violence. Cook also wants more prisons, calling them "a good investment."

Law Enforcement

Did a North Dakota Student Get Killed After Campus Cops Turned Him Into a Snitch? The Minneapolis Star-Tribune has a lengthy piece on the case of Andew Sadek, who went missing two weeks before graduation last year. His body was later found in the Red River with a bullet wound to the head and a backpack full of rocks. He had been busted for small-time marijuana sales on campus and agreed to become an informant for campus police. No one has been charged in his death, and police aren't even certain if it was a homicide or a suicide. Read the whole thing.

International

British Police Force Quits Trying to Find Small Pot Grows. The police in County Durham and Darlington are giving up on proactively tracking down small marijuana grows in a de facto move toward decriminalization. Durham Police and Crime Commissioner Ron Hogg said police there will also offer people caught with small amounts of weed to avoid criminal prosecution by entering a program aimed at ending low-level offending. "By and large we are saying it is not the top of our list to go out and try to pick up people smoking joints on street corners but if it's blatant or we get complaints, officers will act," Hogg said. "It's about keeping people out of the criminal justice system and reducing costs, it's about being more productive with the way we approach things. It's also about seeking to prevent future use by keeping people out of prison."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School