Drug Testing

RSS Feed for this category

The Top 10 Domestic Drug Policy Stories of 2013 [FEATURE]

Last year is receding in the rear view mirror, but before looking forward to the battles of 2014, let us take a moment to savor what was, overall, a pretty big year for drug reform on the domestic front. Unsurprisingly, marijuana makes up a lot of the news, but there were also signs that America's decades-long incarceration fever is breaking, and even though the impulse to scapegoat the downtrodden through public benefits drug testing remains strong, it doesn't really seem to be picking up much traction, and the year ended with suspicionless public benefits drug testing slapped down by a federal judge. Here are the highlights of 2013:

October Senate Judiciary Committee hearing on state marijuana legalization
#1 The Obama Administration Doesn't Try to Block State Marijuana Legalization

While the truly historic moments in US marijuana legalization -- the November 2012 election victories in Colorado and Washington and the commencement of legal marijuana sales in Colorado on Wednesday -- neatly bracketed 2013, history was being made by the Obama administration as well. The first presidency to deal with states voting to legalize marijuana for adults in direct contravention of federal law did so in a remarkably reasonable fashion: by largely getting out of the way. In August, Deputy Attorney General James Cole issued a three-page memorandum affirming that the US Justice Department would allow the two states to move forward with statewide efforts to license and regulate the adult marijuana market. Cole later reaffirmed the agency's position in testimony before the US Senate, stating, "We will not … seek to preempt state ballot initiatives."

#2 State Officials Don't Try to Block Marijuana Legalization Where Voters Approved It

Kudos are also due to legislators, elected officials, and functionaries in Colorado and Washington, who accepted the voters' choice to legalize marijuana with apparent good faith. The Washington state Liquor Control Board and Colorado legislators both came up with workable ways of implementing the will of the voters, while being careful to also heed the concerns of those worried about problems legalization could bring with it. Colorado's system rolled out this week and Washington's will come in a matter of months.

#3 Public Support for Marijuana Legalization in the US Reaches All-Time Highs

If 2012 was the year public opinion in favor of marijuana legalization reaching the tipping point, 2013 was the year it went over it. An October Gallup Poll had support for legalization a record-breaking 58% nationwide. That was in line with a number of other polls since the 2012 elections that showed support either above or just below 50%, depending on the pollster. The on-going sea change in public opinion has also been apparent in polls showing majority support not just where it might be expected, like California, but also where it isn't, like Louisiana and Texas, both of which reported late year majorities for legalization.

Capital City Care medical marijuana dispensary, Washington, DC
#4 The Advance of Medical Marijuana Continues

Bills legalizing medical marijuana passed in Illinois and New Hampshire, bringing the number of states that allow it to 20, along with the District of Columbia. Dispensaries opened for the first time in New Jersey, Rhode Island, Vermont, and the District of Columbia. And bills that will allow dispensaries to open this year passed in Nevada and Oregon. About two dozen states saw medical marijuana legislation filed last year; expect a similar level of activity this year.

#5 The Number of State, But Not Federal, Prisoners in America Keeps On Declining

For the third year in a row, the number of people in prison in the US declined, the Justice Department's Bureau of Justice Statistics reported in July. (The figures are actually for year's end 2012, but the report came out in 2013, so here we are.). The figures do not include jail inmates. At the end of 2012, there were 1,571,013 prisoners in America, down 1.7% (or 27,770 inmates) from the previous year. Breaking down the numbers, that means that somewhere north of 330,000 people were serving time for drug crimes in US prisons at the end of last year, down from a record high of nearly half a million at the beginning of the century. The decline is because of shifts in sentencing policies in the states; the federal prison population kept expanding, although at a lower rate than over the past decade.

#6 Momentum for Sentencing Reform Grows in Washington

The clamor to do something about drug sentencing reverberated throughout the nation's capital in 2013. In August, Attorney General Holder announced an administration package of sentencing reforms, some of which could be enacted administratively, such as prosecutors not routinely resorting to mandatory minimum charging decisions, but others of which require congressional action. And while Congress didn't actually pass anything, it laid the groundwork for action next year. Senate Judiciary Chairman Sen. Patrick Leahy (D-VT), an increasingly loud critic of mandatory minimums, allied himself with Sen. Rand Paul (R-KY) to introduce the Justice Safety Valve Act of 2013, and similar legislation has been introduced in the House. In another sign of interest in sentencing reform, 10 members of the House Judiciary Committee formed an "over-criminalization" task force in May. The Senate Judiciary Committee held a hearing on mandatory minimum sentencing in September to whip up support for their legislation and other sentencing reform bills, and the committee held a mark-up session on the bills in December. The stage appears set for real movement this year.

#7 "Defelonization" Emerges as a Sentencing Policy Option for States

Although, over the years, 13 states and the District of Columbia have moved to reduce incarceration burdens by treating simple drug possession offenses as misdemeanors instead felonies -- defelonization -- the idea got renewed impetus in 2013, especially on the West Coast. In California, a bill that would have allowed prosecutors the option of charging felony possession cases passed the legislature, and in Washington state, legislators and activists announced late last year that they would try to move a similar bill there this year. Unfortunately, California Gov. Jerry Brown (D) vetoed the defelonization bill, but as a result of that veto, the San Francisco DA and the San Diego police chief have filed a defelonization initiative. While 2013 was a building year for defelonization efforts, they could well bear fruit this year.

#8 A Tough Year for Public Benefits Drug Testing Bills

Legislation seeking to make public benefits beneficiaries pass drug tests continued to popular in Republican-dominated state legislatures in 2013, with bills introduced in at least 30 states, but by year's end, only a handful had actually passed, and all of those were "reasonable suspicion" bills instead of bills requiring mandatory, suspicionless drug testing. Drug testing bills passed in Kansas (welfare, unemployment), North Carolina (welfare, passed over the Republican governor's veto), Michigan (unemployment), and Texas (unemployment). But as the year went on, there was rising criticism of the cost of enforcing such legislation and the small number of actual drug users found in states that had previously passed similar bills, including Minnesota, Oklahoma, and Utah. And the last day of 2013 saw a federal judge throw out Florida's suspicionless welfare drug testing law as unconstitutional. The up side is that that ought to drive a stake through the heart of any more suspicionless drug testing bills; the down side is that legislators elsewhere have already figured that out, which is why all of the 2013 bills that passed were "reasonable suspicion" bills.

#9 Historic Firsts for Hemp

Not only were industrial hemp bills filed in both houses of Congress last year, but for the first time ever, the House passed a hemp production measure. The measure was an amendment to the farm bill, but unfortunately, the entire bill was defeated after Republicans attempted to attach drug testing provisions for food stamp recipients. A later version of the bill passed without the hemp amendment. Still, there is hope that the hemp amendment, which also had Republican support, will reemerge whenever the Senate and House meet in conference committee. Meanwhile, more states took up hemp legislation, with a bill passing Kentucky and another one passing in Colorado (as part of the implementation of Amendment 64). Hemp bills were also filed in California (approved in the state Senate), Missouri, New Jersey, and Vermont (as part of a broader legalization bill). And in November, a Colorado farmer oversaw the first hemp crop harvest since World War II., even though it remains illegal under federal law.

#10 Obama Exercises Clemency Power, Commutes Sentences of Clarence Aaron, Seven Others

Just before year's end, President Obama granted clemency to eight crack cocaine offenders, bringing an early Christmas present to poster boy for drug war sentencing excess Clarence Aaron and seven other crack cocaine offenders. Aaron has served more than 20 years for his peripheral role in a cocaine conspiracy, and the others were serving equally onerous sentences. The commutations were a departure for the Obama administration, which has been the stingiest in recent presidential history when it comes to the pardon power. Before the pre-Christmas commutations, Obama had issued only one commutation, where someone currently serving a sentence is actually released from prison, and 39 pardons of people who had already been released, some of them decades ago.

Chronicle AM -- January 2, 2014

The New Year starts off with a whole bunch of marijuana news, the DEA Cartagena prostitution scandal gets an update, another Republican governor calls for welfare drug testing, and a South Korean comedian gets hammered for toking up. And more. Let's get to it:

South Korean comedian and actress Song In Hwa gets sent to jail for smoking pot. (Facebook)
Marijuana Policy

Colorado Marijuana Stores Open for Business; Sky Doesn't Fall, But Crowds Form. Crowds of would-be customers braved long lines in frigid, snow-blown conditions Wednesday to be able to participate in the historic first day of legal retail marijuana sales to adults in Colorado. The biggest apparent problem was feared supply shortages, leading some retailers to either limit purchases to a quarter-ounce (state law allows purchases of up to an ounce for residents) or raise prices, or both.

Washington State Marijuana Business Applications Top 5,000. As of year's end, state officials have processed more than 5,000 marijuana business applications, the state Liquor Control Board, which is in charge of the process, said Tuesday. There were 1,312 applications for retail outlets, but the state plans to cap their number at 324, so there will be competition. There were also 2,113 applications for cultivation licenses and 1,512 for processing facilities. And there will be more. Although the application window closed December 20, officials are still processing backlogged applications.

New Hampshire House to Vote This Month on Legalizing Marijuana. The New Hampshire House will vote later this month on a bill that would legalize the possession of up to an ounce by adults 21 and over. But even if it passes the House, it faces an uphill battle. Last year, the Senate rejected a bill to decriminalize a quarter-ounce, and Gov. Margaret Hassan (D) opposed even decrim.

Vermont Marijuana Legalization Bill Introduced. State Sen. David Zuckerman (P-Chittenden) has introduced a bill to tax, regulate, and legalize the production, sale, and use of marijuana, but he said he doubted it would pass this year. The state decriminalized possession last year, and Gov. Peter Shumlin (D) has said legalization isn't a priority this year. The Marijuana Policy Project said it would use this year to build a consensus for legalization, with an eye on 2015.

Marijuana Decriminalization Bill Coming Back in Hawaii. Marijuana decriminalization got through the state Senate last year, but got stuck in the House. Proponents will try again this year, Pam Lichty of the Drug Policy Forum of Hawaii told local media.

Medical Marijuana

Illinois Medical Marijuana Law Goes Into Effect. Illinois' medical marijuana law went into effect on New Year's Day. Sort of. Patients aren't protected until they have signed up with a state registry, which will not be open until the spring at the earliest, and regulatory agencies are going to spend the next four months establishing rules and regulations for cultivation and distribution. Cultivation applications might be accepted by the fall. In the meantime, the state has created the Medical Marijuana Pilot Program web site, which will have updates and information on the state's progress.

Washington State Wants Medical Marijuana Businesses to Pay Taxes. The state Department of Revenue said Tuesday it will send letters to several hundred medical marijuana businesses informing them that they need to be registered and paying taxes. The department is giving the businesses until January 24 to comply. Some medical marijuana businesses already pay taxes, but others don't, arguing that medical marijuana should be treated like prescription drugs, which are untaxed.

Drug Testing

Mississippi Governor to Push for Welfare Drug Testing. In an interview with the Associated Press, Mississippi Gov. Phil Bryant (R) said he wants to require drug tests for recipients of the Temporary Assistance to Needy Families (TANF) program. Bryant's comments came just hours after a federal judge threw out Florida's suspicionless welfare drug testing law as unconstitutional and as "reasonable suspicion" welfare drug testing laws in states like Utah and Minnesota have come under fire as costly and unnecessary.

Law Enforcement

Sleazy Details of DEA Cartagena Prostitution Scandal Emerge. A FOIA request from Foreign Policy has resulted in the release of a Justice Department Office of the Inspector General report on the scandal surrounding Secret Service and DEA agents who accompanied President Obama to the Summit of the Americas in Cartagena, Colombia, in April 2012. The report is full of juicy, sleazy detail on agents making dozens of calls to prostitutes on their government-issued cell phones, searching for dates with transvestite prostitutes, and seeking to redefine "sex" as not including paying hookers to masturbate them and "prostitution" as not what they had engaged in by paying hookers for sex acts. The OIG said that latter claim defied "common sense and legal definitions." Click on the link for more.

International

South Korean Comedian Gets Six Months in Jail for Smoking Pot. South Korean comedian Song In Hwa was sentenced to six months in prison last Saturday after she was found guilty of using marijuana on two separate occasions, one of them in a Las Vegas hotel room, the other one with her older sister in an unspecified location. The older sister got hit even harder, getting two years in prison. Both sisters also received additional years of jail time with the remainder of the sentences suspended. "Marijuana use by a celebrity is not a light crime given its bad influence on society, but considering the defense's recognition of the crime, her reflection, and the fact that it was only two times, we gave her a suspended sentence," the court said.

Peru Will Seek to Increase Coca Eradication This Year. Peru has set a target of eradicating 75,000 acres of coca this year, the head of the country's anti-drug agency, DEVIDA, said Wednesday. That's up from about 58,000 acres actually eradicated last year. Peru has surpassed Colombia as the world's number one coca and cocaine producer, and the government of President Ollanta Humala has taken an increasingly hard line against illicit coca-growing. Eradication efforts will target the Apurimac, Ene, and Mantaro river valleys (VRAEM). The government also plans alternative development and crop substitution schemes for some 75,000 coca-growing families.

TNI Issues Report on Corruption and Drug-Related Violence in Rosario, Argentina. The Transnational Institute has released the first report in its new Briefing Series on Drug Markets and Violence, focusing on the interior Argentine city of Rosario. Illicit drug trafficking and associated violence and corruption went unremarked there until the killing on New Year's Day 2012 of three community activists sparked attention. Click on the link for the full report

Dutch Crackdown on Marijuana Grow Leads to Increased German Cultivation. German police said Thursday that they have seen a large increase in marijuana grows in empty buildings in the northeastern state of Mecklenburg Western-Pomerania. They blame a Dutch crackdown on marijuana growers that has been in place since 2011. Since then, German cops in the state have busted 50 big grows, up from one or two a year before then.

Swansea University Global Drug Policy Observatory Up and Running. The recently created Global Drug Policy Observatory at Britain's Swansea University, whose goal is "promoting evidence and human rights based drug policy through the comprehensive and rigorous reporting, monitoring and analysis of policy developments at national and international levels," is open for business. Check out its new web site by clicking on the link above.

Judge Strikes Down Florida Welfare Drug Test Law

Happy holidays, indeed! First Uruguayan President Mujica give us a Christmas present by signing his country's law legalizing marijuana commerce (no surprise there, really), and now, a federal judge throws invites us to welcome the new year with a ruling throwing out Florida Gov. Rick Scott's (R) welfare drug testing law.

Curses, foiled again...
In a ruling out of Orlando today, US District Court Judge Mary Scriven permanently halted enforcement of the law, agreeing with an earlier court finding that "there is nothing inherent in the condition of being impoverished that supports the conclusion that there is a concrete danger that impoverished individuals are prone to drug use...."

The law required anyone applying for welfare benefits to undergo a drug test without any particularized suspicion that he or she was using drugs. The federal courts have been loath to okay suspicionless drug testing, with a few notable exceptions for workers in public safety positions and some school kids.

The case is Lebron v. Florida Department of Children and Families. We'll have more on it later.

Oh, and the never-say-die Gov. Scott says he will appeal.

Location: 
Orlando, FL
United States

Chronicle AM -- December 20, 2013

A pair of state appeals courts slap down cops who take people's medicine and won't give it back, there are problems with Kansas' drug testing law, Peru is buying shining new toys to prosecute its drug war, and more. Let's get to it:

Hash is medicine, and the cops have to give it back, the Oregon appeals court ruled. (wikimedia.org)
Marijuana Policy

DPA California Initiative Revised. The Control, Regulate and Tax Marijuana initiative, filed earlier this month by the Drug Policy Alliance (DPA), has been revised. The new version increases the personal grow limit from four plants to six, makes the 1,000-foot buffer rule around schools optional instead of mandatory, and makes the California Industrial Hemp effectively immediately. Left intact were no changes in criminal penalties, no changes in the state's medical marijuana law, and a 25% tax on adult retail sales. DPA head Ethan Nadelmann said in a conference call yesterday that the group would decide early next year whether to move forward for 2014.

Medical Marijuana

Oregon Appeals Court Rules Cops Must Give Back Seized Medical Hash. The Oregon Court of Appeals ruled Wednesday in Oregon v. James Jonathan Ellis that a medical marijuana patient whose hash was seized during an arrest can get it back. A district court judge had refused to order it returned, finding that hash wasn't covered under the state's medical marijuana law, but the appeals court disagreed, citing the federal Controlled Substances Act's definition of marijuana, which Oregon's law adopted, and which includes "every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin."

Colorado Appeals Court Rules Cops Must Give Back Seized Medical Marijuana. The Colorado Court of Appeals ruled Thursday in Colorado v. Robert Clyde Crouse that a district court judgment ordering Colorado Springs Police to return marijuana seized from leukemia patient Crouse was correct. Colorado Springs authorities had argued that federal drug laws preempted their returning Crouse's medicine, but neither the district court nor the appeals court was buying it.

Wyoming Legislator to Introduce Medical Marijuana Bill. Rep. Sue Wallis (R-Recluse) said this week that she intends to introduce a bill in the legislative session that starts early next year to allow the use of marijuana for medicinal purposes. Wallis said the death a year ago of her husband, Rod McQueary, brought the issue of legalizing medical marijuana into sharp focus for her. She said he benefited greatly from medical marijuana from Colorado in his last days.

Asset Forfeiture

Michigan Legislator Introduces Asset Forfeiture Reform Bill. Rep. Jeff Irwin (D-Ann Arbor) has introduced a bill, House Bill 5213,that would prohibit civil asset forfeiture unless and until a person is convicted of a criminal offense. "Asset forfeiture was sold as a needed tool for law enforcement to attack drug kingpins and gang leaders," Rep. Irwin said. "[But] too often, law enforcement uses the current asset forfeiture law to take tens of millions of dollars every year, mostly from low-level users and small-time dealers. We need to change how asset forfeiture works. By requiring a person be convicted of a crime before their seized property is subject to forfeiture, we will stop the worst abuses and curtail the insidious incentives that lead some law enforcement to short circuit due process and the fundamental principle that a person is innocent until proven guilty."

Drug Testing

Kansas Drug Testing Law Punishes Welfare Recipients, But Lets Lawmakers Skate. The Kansas legislature this year passed a bill, Senate Bill 149, that allows for drug testing of welfare recipients. Amid charges of hypocrisy, solons added language to include drug testing of themselves. But Wednesday, the director of Legislative Administrative Services, who is charged with implementing legislator testing, told legislative leaders that the law does not include any ramifications for a positive drug test and does not explicitly make the results public, so he will be treating them as confidential medical records.

Sentencing

Connecticut Sentencing Commission Recommends Cutting Drug-Free Zones. The Connecticut Sentencing Commission recommended Thursday that lawmakers sharply curtail drug-free zones around schools. The commission said they created racial disparities, unfairly affecting blacks and Latinos, who are more likely to dwell in urban areas, where schools and day cares are more densely packed. The commission recommended scaling the zones back from 1,500 feet to 200 feet. It also recommended limiting drug-free zone charges to those actually intending to infringe on the zones, as opposed to those just passing through.

International

Peru in Half-Billion Dollar Deal to Buy Russian Helicopters for Anti-Drug, Anti-Terrorism Effort. The Peruvian and Russian governments announced a deal Wednesday in which Russia will provide 24 Mi-171 helicopters to the Peruvian armed forces. The Peruvians plan to use them for anti-narcotics and anti-terrorism work in the central mountain areas where coca leaf and cocaine production are widespread.

Belgian Cannabis Social Club Raided. Belgian police acting on orders of the Justice Ministry raided the country's second cannabis club Wednesday (sorry, link in Dutch only). Raiders hit the Mambo Social Club in Hasselt, which follows the country's one-plant-per-person guidelines, seizing plants, records, and computer equipment. No word yet on any criminal charges.

Welfare Drug Testing Bill Passes Michigan Senate

In one of its final acts of the 2013 session, the Michigan Senate last Thursday passed a bill that would allow drug testing of some welfare recipients for "reasonable suspicion." The bill passed the GOP-dominated chamber on a straight party line vote.

The measure is Senate Bill 275, sponsored by Sen. Joe Hune (R-Hamburg Township). A similar measure passed the House in May. Neither bill has been approved by the other chamber, but both will still be alive and could pass next year.

The bill directs the state Department of Human Services to set up a three-county pilot project of drug screening and testing for the Family Independence Program, the state's program that provides cash assistance to poor families with children and pregnant women.

If the initial screening creates "reasonable suspicion" of drug use, recipients would be required to submit to a drug test. Those who tested positive would be referred for treatment, with a second positive test leading to loss of benefits.

"We have children going to school hungry every day without proper clothing because their parents are addicted to drugs and alcohol," claimed state Sen. Rick Jones (R-Grand Ledge) in remarks reported by Michigan Live. "They receive welfare money but they don't spend it on their children. They spend it on their addiction."

The measure passed the Senate in a straight party-line vote. All Democrats opposed the measure despite winning an amendment that would allow children whose parents test positive for illegal drugs to continue receiving benefits through a third party, such as a guardian.

Drug testing has been a big issue for Michigan Republicans this year. Earlier this year, the legislature passed and Gov. Rick Snyder (R) signed into law a bill allowing the state to cut unemployment benefits to anyone who failed a pre-employment drug test.

Lansing, MI
United States

Chronicle AM -- December 16, 2013

Uruguay's president defends marijuana legalization there and finds an ally, marijuana bills are popping up in some surprising countries, the Justice Department says we have a federal prison crisis, and much more. Let's get to it:

Uruguayan President Jose Mujica has some harsh words for his critics and finds some support, too.
Marijuana Policy

Denver City Council Takes Up Decriminalization for 18-to-20-Year-Olds. The Denver city council will today vote on whether to decriminalize marijuana possession for people between the ages of 18 and 20. Councilman Albus Brooks, who is pushing the measure, said it would address an inequity in how offenses are currently prosecuted. Juveniles with small amounts are not arrested, but instead sent to a juvenile assessment center, and adults 21 and over who violate the city's pot laws face only small fines, but people over 17 but younger than 21 face up to a year in jail. Brooks' bill would treat the under-21s like those over 21.

Missouri Marijuana Legalization Debate in St. Louis Wednesday. Show-Me Cannabis Regulation executive director John Payne will debate Jason Grellner of the Missouri Narcotics Officers Association Wednesday night in St. Louis. Click on the link for details. Show-Me Cannabis Regulation is attempting to get a legalization initiative on the 2014 ballot.

Medical Marijuana

Public Hearing on New York Medical Marijuana Bill on Long Island Wednesday. The New York Assembly Health Committee will hold hearings on pending medical marijuana legislation Wednesday on Long Island. Click the link for time and place details.

Illinois Launches Medical Marijuana Information Website. Illinois state officials have launched a new website described as the "central location" for information on new medical marijuana laws that go into effect January 1. The public can learn about implementation updates, draft and final administrative rules, application forms, FAQ's, press releases and other materials related to medical cannabis on the site.

Massachusetts Medical Marijuana Dispensary Selection Committee Named. The Department of Public Health last Thursday named the members of a committee that will review 100 applicants for up to 35 dispensaries. Click on the link to see the complete list.

Drug Testing

Minnesota Welfare Drug Testing Law Could Be Costly. A new state law requiring welfare recipients with past felony drug convictions to submit to drug tests "could end up costing taxpayers far more than it saves" while burdening poor families with complex paperwork they could find it difficult to comply with, county officials and advocacy groups said. The law contains costly local mandates and complicated rules that apply only to a tiny fraction of state welfare recipients. Only 0.4% of Minnesota welfare recipients have felony drug convictions, compared to 1.2% among the adult population overall. "I don't think anyone is under the illusion that this is about saving taxpayers money," said Heidi Welsch, director of family support and assistance for Olmsted County. "This is punitive."

Defense Department Now Testing for Synthetic Marijuana. The Defense Department has begun testing for synthetic cannabinoids in its random drug testing program, the head of the program said Friday. "The message we're getting out now is that when you participate in our random urinalysis program, synthetic marijuana products or synthetic marijuana will now be tested along with our other drugs," Army Lt. Col. Tom Martin said. Fake weed had been showing up in 2.5% of drug tests in a random study conducted by the Army, he added.

Sentencing

Justice Department Identifies "Growing Crisis" in Federal Prison System as "Increasingly Critical Threat." An Office of the Inspector General report issued last week, Top Management and Performance Challenges Facing the Department of Justice-2013, identified a number of challenges facing the department, but singled out "the growing crisis in the federal prison system" as an "increasingly critical threat" to the department's ability to fulfill its mission. The crisis is two-fold, the report says: escalating costs of running the prison system and rising security and safety issues due to chronic overcrowding. The department identified sentencing reform initiatives and the Smart on Crime initiative as responses, but noted that their impacts are still unclear.

Cornyn Introduces Federal Prison Reform Bill. Sen. John Cornyn (R-TX) last week introduced the Federal Prison Reform Act (Senate Bill 1783), which would allow nonviolent, low-risk offenders to complete work, education, skills training, or rehabilitation programs in order to earn up to half of their remaining sentence in home confinement or a halfway house. Cornyn is a member of the Senate Judiciary Committee, where the bill has been referred.

International

Uruguay's President Has Harsh Words for INCB Head. Uruguayan President Jose Mujica fought back this weekend after Raymond Yans, head of the International Narcotics Control Board (INCB) criticized Uruguay's decision to legalize marijuana and said it had failed to consult with the board. "Tell that old man to stop lying," Mujica said in an interview with Uruguay's Canal 4. "Let him come to Uruguay and meet me whenever he wishes… Anybody can meet and talk to me, and whoever says he couldn't meet with me tells lies, blatant lies. Because he sits in a comfortable international platform, he believes he can say whatever nonsense," he added. Mujica noted the INCB's relative quiescence before the legalization of marijuana in two US states and accused him of having double standards. "Does he have different rules: one for Uruguay and other for the world's strong countries?"; he asked.

Guatemalan President Supports Uruguay Marijuana Legalization. At a Central American summit in Panama City Saturday, Guatemalan President Otto Perez Molina called Uruguay's marijuana legalization "an important step" that could serve as "a pilot plan" in the regional war against drug trafficking. "I think the step Uruguay took is an important one and is a valuable experience," Pérez Molina said. "It could serve as a pilot plan for all of Latin America, and we hope it will be an experience that eventually all countries can adopt," he added.

Israeli Knesset Passes Medical Marijuana Bill. The Knesset Sunday approved an updated version of Israel's medical marijuana law that will centralize marijuana collection and increase the number of doctors allowed to prescribe it. Some medical marijuana growers and patients aren't happy with the centralization, saying that direct contact between patients and growers is important.

Slovenia Parliament Will Discuss Marijuana Legalization Bills. After a pro-legalization citizens' initiative succeeded in forcing parliament to take up the issue, the Slovenian parliament will hold formal hearings on three legalization bills. It's not clear when that will happen.

Sri Lanka Government Will Submit Medical Marijuana Bill. Sri Lanka's minister of indigenous medicine, Salinda Dissanayake, said Saturday he will submit a bill to parliament to allow marijuana to be used as medicine. The bill would amend the country's Ayurveda Act, which deals with traditional medicine. The same ministry had tried in 2008 to get permission to grow marijuana as medicine, but that didn't happen.

Chronicle AM -- December 13, 2013

It looks like Washington state medical marijuana patients will continue to be able to grow their own, Seattle City Attorney Pete Holmes wants to welcome pot tourists, the Michigan Senate takes aim at welfare drug users, Indian Maoists are profiting from prohibition, and more. Let's get to it:

India's Maoist Naxalities -- profiting from prohibition. (wikimedia.org)
Marijuana Policy

Seattle City Attorney Wants to Accommodate Pot Tourists. Seattle City Attorney Peter Holmes has warned the city council against passing rules that will make it harder for tourists to enjoy legal marijuana. "We need to recognize that tourists are coming to this state to sample wine, to sample Washington marijuana, to sample any of the attributes of this destination city; that we accommodate that somehow," he told KPLU FM.

Medical Marijuana

Washington State Leaning Toward Allowing Home Medical Marijuana Grows. Members of the state Liquor Control Board signaled Friday they will recommend medical marijuana patients continue to be allowed to grow their own medicine. The state Health and Revenue departments and the liquor board had earlier proposed outlawing home growing once I-502 takes effect, but aroused a storm of outrage from patients and their supporters. The board is expected to formally recommend allowing the grows next week.

Colorado Could Cut Patient Fees. State health officials want to reduce the fee paid by licensed medical marijuana patients. The Board of Health will hear a proposal next week to drop the annual fee from $35 to $15. That's because the fund that pays for the patient registry has a $13 million surplus, and the fee is not supposed to be about generating revenue, just paying for the costs of the program. There are nearly 113,000 registered patients in the state.

Second Hearing Held on Guam Medical Marijuana Bill. A pending medical marijuana bill on Guam got a second public hearing Thursday. The island's public health director said he could not support the bill because there was no funding for regulation, but patients and medical marijuana supporters testified in support of the bill. The measure, Senate Bill 215, remains alive, and cosponsor Sen. Tina Muna Barnes said she was working on amendments based on feedback from the public.

Drug Testing

Michigan Senate Approves Welfare Drug Testing Bill. The Michigan Senate Thursday approved Senate Bill 275, which would set up a pilot program to start subjecting some welfare recipients to drug testing. Recipient would be screened and those for whom there was "a reasonable suspicion" of drug use would have to submit to a drug test. A first failed drug test would result in a referral to treatment, a second would result in loss of benefits. The Republican-supported bill passed on a straight party line vote. Similar legislation has been approved in the House.

Sentencing

Report Reviews Changes in Federal Sentencing Since Booker. A new report, Legal Change and Sentencing Norms in Federal Court: An Examination of the Impact of the Booker, Gall, and Kimbrough Decisions, finds that not that much has changed. A series of Supreme Court decisions beginning with Booker held that federal sentencing guidelines are merely advisory, and expectations were that their impact would be significant. But "the findings suggest that sentencing policy changes at the national level -- including reforms mandated by these cases -- neither uniformly nor dramatically transformed sentencing practices. Factors in individual cases were the largest predictor of sentencing outcomes over all time periods. Sentencing behavior across districts changed incrementally over time but did not dramatically shift during major policy changes."

International

Indian Maoists (Again) Linked to Black Market Marijuana Trade. India's long-festering revolutionary Maoist movement, the Naxalites, is once again linked to the illicit trade in drugs. Officials in Odisha are complaining that they cannot eradicate the Naxalites until they "have control over the illegal cultivation of cannabis, which, according to intelligence sources, has become a major source of funding for the Maoists." Six of eight named districts where large-scale pot growing is "a well known fact" are known as "highly Naxal-infested districts." The state government is engaged in manual eradication, but is considering aerial spraying.

Costa Rica Public Opinion Not Ready for Marijuana Legalization. Costa Rica is not ready to legalize marijuana, according to a new public opinion poll. The survey from the School of Statistics at the University of Costa Rica found that only 15% favored legalization, while 50% were opposed. Medical marijuana fared better, with 53% in favor.

British Activist to Open "Cannabis Café" in Manchester. Notorious marijuana activist Colin Davies, who once handed a bouquet of flowers including marijuana to the queen, has announced plans to open a cannabis café in Manchester. Davis, who was once jailed for marijuana trafficking, said no pot would be sold at the café; instead it will be BYOB. Marijuana remains a Class B drug in Britain, so Davis should be looking for a police reaction.

Michigan Senate Republicans Scapegoat Poor With Welfare Drug Test Bill

In one of its last acts of the legislative session, the Michigan Senate passed a bill mandating drug testing for selected welfare applicants and recipients. It was a straight party-line vote.

Scrooge goes to Lansing. Bah, humbug! (wikimedia.org)
The bill, Senate Bill 275, is similar to a measure passed earlier this year by the House. It would require the state Department of Human Services to create a drug screening and drug testing pilot project in three counties. People who are determined to be at risk of drug use would be required to take a drug test. If they failed, they would be referred to a drug treatment program. A second failed drug test would result in the loss of benefits.

Senate Republicans originally wrote the bill so that children whose parents were cut off because of a failed drug test would lose their benefits as well. Because they care so much about the kids, I suppose. Democrats managed to get an amendment passed that would allow a third party to receive the benefits for the children.

The Republican-dominated legislature earlier this year passed a bill, signed into law by Republican Gov. Rick Snyder, allowing the state to cut off unemployment benefits for anyone who fails a drug test required by a prospective employer.

I'll write a straight news article about this later today. But I'll take a moment now to note that this kind of cheapjack, poor-bashing legislation is almost entirely the exclusive domain of the Republican Party.

Location: 
Lansing, MI
United States

Chronicle AM -- December 11, 2013

Uruguay legalizes the marijuana trade (and the usual suspects object), Denver provides a helpful guide to legalization there, Human Rights Watch scorches Louisiana for its AIDS-enhancing policies, and more. Let's get to it:

Marijuana Policy

Denver Debuts Marijuana Legalization FAQ Web Site. The city of Denver has created a web site seeking to address questions from residents and visitors, parents and neighbors, business and property owners, and marijuana retailers and home growers about how legalization will work.

New York Marijuana Legalization Bill Announced. State Sen. Liz Kreuger (D-Manhattan) Wednesday unveiled a proposal to legalize and tax marijuana in the Empire State. Pot prohibition is "a policy that just has not worked," she said. Advocates concede that the bill is unlikely to pass this session, but you have to start somewhere.

Medical Marijuana

American Herbal Pharmacopeia Classifies Marijuana as Botanical Medicine. The world's leading expert organization on herbal medicine, the American Herbal Pharmacopeia, has released the first part of a two-part monograph on marijuana that classifies it as a botanical medicine, alongside many other accepted complementary and alternative medicines. Americans for Safe Access calls it a "historic move" and will host a Google Hangout Thursday at 5:30pm PT to discuss its ramifications.

Oregon Medical Marijuana Regulation Panel Meets for Last Time. The committee charged with creating Oregon's first statewide medical marijuana dispensary regulations is meeting for what is supposed to be the last time today. The panel has been meeting since September to craft rules around security, background checks, and marijuana testing. A 30-page draft version of the rules should be finalized.

Guam Medical Marijuana Bill Gets Another Hearing Today. Guam residents will have another chance to voice their opinions on medical marijuana at a hearing set for today. Sen. Tina Muna Barnes has introduced a measure, Bill 215, that would allow the use of medical marijuana for various illnesses. The hearing starts at 5:30pm Guam time.

Drug Testing

Pennsylvania School Employee Drug Testing Bill Passes House. A bill that would require prospective public school employees to submit to drug testing passed the House Tuesday. The ACLU of Pennsylvania calls House Bill 810 "invasive, impractical, and unconstitutional" and vows to challenge it -- and win -- if it ever becomes law. The bill now heads to the Senate.

Harm Reduction

Human Rights Watch Report Slams Louisiana Laws, Police Practices as Increasing AIDS Toll. Human Rights Watch issued a report Wednesday charging that Louisiana laws and practices that bar access to clean needles and criminalize sex work contribute to a raging HIV epidemic and a very high AIDS death rate. The report is In Harm's Way: State Response to Sex Workers, Drug Users, and HIV in New Orleans.

Push Is On for Naloxone and Good Samaritan Law in Minnesota. Elected officials and members of law enforcement called Tuesday for new state laws that would allow deputies to carry and administer the overdose reversal drug Naloxone and provide legal protections for people who contact authorities to report a drug overdose. The moves are a response to a rising toll of heroin overdose deaths, particularly in the Twin Cities.

International

Uruguay Legalizes Marijuana Commerce. The Uruguayan Senate Tuesday night gave final approval to the government's marijuana legalization bill. Now, once President Jose Mujica signs it into law, Uruguay will be 120 days away from a legal commerce in marijuana.

UN Anti-Drug Bureaucrats Say Uruguay Legalization Breaks Treaty. The International Narcotics Control Board (INCB) reacted unhappily to Uruguay's Tuesday night legalization vote. "Uruguay is breaking international conventions on drug control with the cannabis legislation approved by its congress," the INCB complained in a Wednesday press release. The INCB qualified itself as "surprised" that Uruguay had "knowingly decided to break the universally agreed and internationally endorsed legal provisions of the treaty."

Russian Drug Czar Says Drug Legalization "Impossible." Reacting to Uruguay's move to legalize marijuana, Viktor Ivanov, head of Russia's Federal Service for Drug Control, said the legalization of any drug is "impossible, and I think it will not be possible" in Russia. "Moreover, we have strengthened our political will with an anti-drug strategy," he added, although he also said it was possible that Russia could grow hemp and low opiate content poppies for agricultural purposes.

Chronicle AM -- November 29, 2013

Uruguay's marijuana legalization bill passes another hurdle, a Berlin borough wants cannabis cafes, Chicago proposes tough medical marijuana regulations, Kentucky officials hound the DEA about hemp, and more. Let's get to it:

Is this the face of marijuana legalization? Uruguayan President Jose Mujica (wikimedia.org)
Medical Marijuana

Chicago Proposes Strict Medical Marijuana Regulations. Chicago officials have proposed regulations that would allow medical marijuana dispensaries and grows only in manufacturing districts, would limit the number of grows to 22, and would require that dispensaries and grows be at least 2,500 feet from a school, day care center, or residential area. Medical marijuana becomes legal in Illinois on January 1.

Michigan Appeals Court to Hear Cases on Unemployment Benefits. The Michigan Appeals Court has agreed to hear two cases to determine whether someone fired for using medical marijuana can collect unemployment benefits. Lower court judges have overturned state agency rulings denying the benefits, but medical marijuana foe Attorney General Bill Schuette argues that the law only protects people from criminal prosecutions, not civil penalties.

Hemp

Kentucky Officials Send Letter to DEA Requesting Clarification on Hemp. Kentucky officials have sent a letter to the DEA asking for clarification of its position on industrial hemp. Agriculture Commissioner James Comer, US Sen. Rand Paul (R), and US Reps. John Yarmouth and Thomas Massie want the agency to tell them whether growing hemp in states that have enacted a regulatory framework remains illegal. They point to the federal government's response to marijuana legalization and argue that hemp should be treated the same way.

Drug Testing

Idaho Supreme Court Upholds Drug Possession Conviction Based Solely on Drug Test. Idaho's high court Tuesday upheld the conviction of a woman charged with drug possession after blood from her newborn child's umbilical cord tested positive for methadone. The court held unanimously that the drug test result was probable cause to support a possession conviction.

International

Uruguay Marijuana Legalization Bill Wins Senate Committee Vote. Uruguay is one step closer to becoming the first country to legalize the marijuana trade after the Senate Health Commission voted Thursday to approve the bill. The government-supported legislation has already passed the lower house and is expected to win final approval in the Senate next month.

Cannabis Cafes Coming to Berlin? Legislators in the hip Berlin borough of Friedrichschain-Kruezberg voted Thursday to approve cannabis coffee shops there. The move is the brainchild of Green Party Mayor Monika Hermann, who proposed it in September. Now, the borough must get the German federal government to agree. Under Article 3 of the German Narcotics Act, sufficient public interest could lead to law changes, provided there is public support and backing scientific evidence.

European Cancer Docs Say Restrictive Laws Aimed at Drug Abuse Block Millions from Pain Relief. The European Society for Medical Oncology warned that half the world's population lacks effective access to pain relievers because of restrictive laws aimed at reducing drug abuse. The group's Global Opioid Policy Initiative survey estimated that millions of cancer patients don't have access to seven cheap medicines essential for pain relief, including morphine and codeine. Access to such drugs "is catastrophically difficult" in many countries, the report's lead author said.

British Tories, Lib Dems At Odds Over Drug Policy. Britain's governing coalition is at odds with itself over drug policy after the new Liberal Democrat drugs minister, Norman Baker, said earlier this week that marijuana legalization "should be considered." That caused Conservative front-bencher and Justice Minister Chris Grayling to clarify that he and the Home Office "won't be considering it."

Northern Nigeria Alcohol Crackdown Sees 240,000 Bottles of Beer Destroyed. In attempt to deepen a sharia law ban on alcohol imposed in 2001, but largely ignored in hotels and the city's Christian quarter, Islamic police in the northern city of Kano destroyed 240,000 bottles of beer. They chanted "God is great" as they did so, and the head of the religious police warned that they will put an end to alcohol consumption. Multiple bombings of bars in the Christian quarter in late July carried out by suspected Islamic militants who complained the government wasn't enforcing sharia law adequately left 29 dead.

Peru Eradicates Record Amount of Coca. Peru, once again the world's largest coca and cocaine producer, announced Thursday that it had eradicated a record 55,000 acres of coca, about one-fifth of the total estimated 250,000-acre crop. That's a 60% increase in eradication over last year. The government said the increase was due to tougher anti-drug efforts and a weakening of the Shining Path in coca growing areas.

Israel Medical Marijuana Use up 30% This Year. Medical marijuana use is up sharply this year in Israel, according to the Health Ministry, which released figures showing 13,000 patients were approved to us it this year, up from 10,000 last year. The increase comes as the government is working on a new proposal to regulate medical marijuana. The Health, Agriculture, and Public Security ministries are expected to present it within the next couple of weeks.

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, 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, 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

StopTheDrugWar Video Archive