Crack/Powder Cocaine Disparity

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Chronicle AM -- August 4, 2014

Sentencing reform bills look to be picking up steam in Congress, Massachusetts is expanding drug courts, Tennessee's welfare drug test law generates unimpressive results, drug reform conferences are coming in Latin America, and more. Let's get to it:

Oregon drug court (co.washington.oregon.us)
Marijuana Policy

Toledo, Ohio, Decriminalization Initiative Campaign Hands in Signatures. Backers of a Toledo municipal decriminalization initiative handed in some 13,000 signatures Monday. They need 6,000 valid signatures to qualify for the November ballot. The campaign is being led by Northwest Ohio NORML.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up Cosponsors. The bill, House Resolution 5226, would exclude low-THC therapeutic cannabis oil from the definition of marijuana under the Controlled Substances Act. It was filed with three cosponsors, and picked up seven more late last week. There are five Democrats and five Republicans now sponsoring it.

Sentencing

Senate Smarter Sentencing Act Picks Up New Cosponsor. The bill, Senate Bill 1410, would allow federal judges to sentence below mandatory minimums in some cases, apply adjusted crack cocaine sentences to people after the passage of the 2010 Fair Sentencing Act, as well as other sentencing reform provisions. The latest cosponsor is Sen. Elizabeth Warren (D-MA). The bill now has 31 cosponsors -- 23 Democrats, two independents, and six Republicans.

House Smarter Sentencing Act Picks Up New Cosponsor. The bill, House Resolution 3382, is identical to the Senate version above. The latest cosponsor is Rep. Betty McCollum (D-MN). The bill now has 49 cosponsors -- 35 Democrats and 14 Republicans.

House Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, House Resolution 3465, introduced by Rep. James Sensenbrenner (R-WI), amends the Second Chance Act of 2007 to allow for funding for grants for family-based drug treatment and for drug treatment and criminal justice collaboration for people leaving prison. The latest cosponsor is Rep. Marc Veasey (D-TX). The bill now has 40 cosponsors -- 33 Democrats and seven Republicans.

Drug Testing

Tennessee Welfare Drug Testing Law Screens 800 Applicants; One Fails Drug Test. In the first month that the new welfare drug screening and testing law went into effect, 812 applicants were asked to submit to screening for evidence of possible drug use. Four refused the initial screening, a series of questions about drug use. After initial screening, only six people were asked to submit to drug tests in order to receive benefits. Five out of the six passed. One failed the drug test.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up Cosponsor. The bill, House Resolution 5212, was introduced late last week by. Rep. Tim Wahlberg (R-MI). It would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to prove a property owner's involvement in criminal activity. It now has a cosponsor, Rep. Renee Elmers (R-NC).

Law Enforcement

Massachusetts to Expand Drug Courts. Faced with an increase in heroin overdoses and opiate addiction, the state will add five drug courts to the 21 it currently has. Drug reformers criticize drug courts as not the answer for dealing with people whose only "crime" is their drug habit.

International

Mexican State Moves to Limit Coverage of Violent Crime. The state of Sinaloa, home to -- you guessed it -- the Sinaloa Cartel, has barred reporters from covering the violence there. The state congress last Thursday approved a law that restricts journalists to official government press releases for crime information and bans them from inspecting the scene, taking any photos or videos, or recording audio on-site.

Uruguay Solicits Bids for Marijuana Growers. Would-be marijuana growers in Uruguay have until August 18 to submit bids for licenses to grow pot at government-run fields and then sell it to consumers. The government there will license up to five growers.

Colombia Drug Reform Conference Later This Month. A drug reform conference will be held in Bogota on August 14 and 15. The conference is "Drug Policy 25 Years After the Death of Luis Carlos Galan: How Much Have We Advanced?" The Drug Policy Alliance's Ethan Nadelmann and Dr. Carl Hart will be there, as will numerous Colombian and other Latin American presenters and participants. Click the title link for more details.

Fifth Annual Latin American Drug Reform Conference in Costa Rica Next Month. The hemispheric conference will be held in San Jose on September 3 and 4. The conference will also include the First Annual Central American Drug Reform Conference. Click on the title link for lots more information.

Denmark's Liberal Alliance Calls for Drug Decriminalization. The opposition Liberal Alliance called at its summer meeting Sunday for the decriminalization of the possession of all drugs, increasing the use of medical marijuana in the national health sector, and continuing the safe injection site initiative. "We know that it doesn't help to punish people for being in possession of drugs," said party leader Anders Samuelson. "We are not talking about a total liberalization of drug dealing. It should still be illegal to sell drugs, but not to be in possession of them." The proposal is not winning support from other political parties.

Chronicle AM -- August 1, 2014

The New York Times isn't done talking about marijuana, a House committee hears about stoned driving, you can comment now on Maryland's draft medical marijuana regulations, federal asset forfeiture and overdose prevention bills get introduced, and more. Let's get to it:

The New York Times says it's time for Reefer Madness to come to an end.
Marijuana Policy

New York Times Has a Week's Worth of Legalization Editorials. The Times's editorial last Sunday calling for the end of federal marijuana prohibition, Repeal Prohibition, Again, was only the beginning. Throughout this week, the "newspaper of record" has kept at it -- and there's still more to come. The other editorials printed so far are Let States Decide on Marijuana, The Injustice of Marijuana Arrests, The Federal Marijuana Ban is Rooted in Myth and Xenophobia, and What Science Says About Marijuana. Still to come are editorials addressing track records and regulation. There is also a blog post providing background on the Times's decision to endorse legalization.

House Holds Hearing on Stoned Driving. The House Oversight and Government Reform Committee held a hearing yesterday on driving under the influence of marijuana, "Planes, Trains and Automobiles: Operating While Stoned," but the upshot was that the federal government has very little information about stoned driving and little basis for setting a legal limit for marijuana impairment. "No one is arguing that [driving while high is] a good idea, but the fact of the matter is that we don't have a lot of data," said Democratic Rep. Gerry Connolly. "[Public policy has] got to be based on science, and we need more of it." Researchers testifying before the committee agreed. Click on the hearing link to watch the whole thing.

Washington Attorney General Intervenes in I-502 Lawsuits. Attorney General Bob Ferguson yesterday moved to intervene in three marijuana lawsuits filed against the cities of Wenatchee and Fife, which have passed local ordinances barring the operation of retail marijuana outlets. An opinion released by Ferguson in January concluded that I-502 does not bar localities from banning such businesses, so it appears he will be siding with the localities.

More Michigan Towns to Vote on Marijuana Reform Measures. Three more Michigan communities have joined the list of towns and cities that will vote on municipal legalization measures. Saginaw, Clare, and Harrison all have measures that have qualified for the ballot. In Saginaw, up to an ounce would be legalized; in Clare and Harrison, up to 2.5 ounces. More than a dozen Michigan communities are expected to vote on reform measures in November.

Portland, Oregon, Moves to Tax Marijuana Before It's Even Legal. The city of Portland has created a marijuana advisory committee in anticipation of voters legalizing marijuana statewide in November. The committee is discussing where to allow pot shops, but it is also moving to create a city sales tax -- and it has to do that before the November election because the language of the New Approach Oregon initiative does not allow cities to impose taxes beyond the state tax it imposes. The thinking is that if a tax is passed before the election, it can be grandfathered in.

Medical Marijuana

Maryland Medical Marijuana Draft Regulations are Now Available -- And You Have Until Tuesday to Comment. Maryland's medical marijuana commission has released draft regulations for cultivators and physicians. The Marijuana Policy Project has some problems with them, including calls for an "unnecessary" training course on medical marijuana for all certifying physicians, mandatory drug testing for patients, and a requirement that doctors specify dosage and strain type. These are draft regulations, but the period for comment on the draft ends Tuesday. Interested parties can email the commission to register their comments.

Legitimate Use of Medicinal Marijuana Act Picks Up New Cosponsor. House Resolution 4498, the Legitimate Use of Medical Marijuana Act, has picked up a fourth cosponsor, Rep. Earl Blumenauer (D-OR). The bill, sponsored by Rep. Morgan Griffith (R-VA), would move marijuana from Schedule I to Schedule II of the Controlled Substances Act and block the act from being used against medical marijuana in states where it is legal.

Sentencing

Smarter Sentencing Act of 2014 Picks Up New Cosponsor. Senate Bill 1410, the Smarter Sentencing Act of 2014, has picked up its 31st cosponsor, Sen. Patty Murray (D-WA). The bill would allow judges in some cases to sentence without regard to mandatory minimums, reduce mandatory minimums, and allow people sentenced for crack offenses after the 2010 Fair Sentencing Act went into effect to seek sentence reductions.

Harm Reduction

Senator Jack Reed Introduces Overdose Prevention Act. Sen. Jack Reed (D-RI) and four Democratic cosponsors today introduced the Overdose Prevention Act, which would expand overdose prevention services and providing funding for access to the overdose reversal drug naloxone. The bill is not yet up on the congressional web site.

Asset Forfeiture

Rep. Tim Walberg Introduces Asset Forfeiture Reform Bill. Rep. Tim Walberg (R-MI) has filed House Resolution 5212, the Civil Asset Forfeiture Reform Act. The bill would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to  prove a property owner's involvement in criminal activity. This is the second asset forfeiture reform bill filed in as many weeks. Last week, Sen. Rand Paul (R-KY) filed the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.

Law Enforcement

Justice Department Report Scolds DEA for Leaving Student in Cell for Five Days. A Justice Department report on the detention of San Diego student Daniel Chong, who was left unattended in a holding cell for five days at a DEA office there, has concluded that the DEA did not take simple measures to ensure that detainees are not forgotten. The report also slammed the agency for having the same agents who left Chong in the cell conduct the investigation into how it happened. Chong earlier received a $1.4 million payout from the DEA to settle a lawsuit he brought against the agency.

International

Russian Drug Agency Proposes Giving Social Benefits to Recovering Drug Users. In something of a surprise move, the Russian Federal Drug Control Service has proposed providing free housing, food subsidies, and home health care to help recovering drug users progress in their rehabilitation. The bill would add drug addicts to a list of categories of people considered socially vulnerable, such as senior citizens and people with disabilities. The proposal has drawn harsh criticism from opponents, who argue that it would encourage drug use.

Rand Paul Files Crack Sentencing Reform Bill

Sen. Rand Paul (R-KY) last Thursday filed Senate Bill 2657 the RESET (Reclassification to Ensure Smarter and Equal Treatment) Act to eliminate the sentencing disparity between crack and powder cocaine. The potential 2016 GOP presidential contender unveiled the bill publicly the following day as he pitched his criminal justice reforms before an African-American audience at the National Urban League.

Rand Paul (congress.gov)
The bill would also reclassify some low-level federal drug possession offenses from felonies to misdemeanors. And it seeks to address the issue of drug weights in food items by clarifying that only the weight of the drug itself -- not the weight of the food containing it -- can be used in charging decisions, thus resulting in lesser charges for defendants.

As of early Tuesday morning, the text of the bill is not yet up on the congressional web site, but can be viewed here.

The 2010 Fair Sentencing Act reduced the crack/powder cocaine sentencing disparity from 100:1 to 18:1, but this bill would totally equalize the penalties by removing the sentencing enhancements for crack.

It's been a busy month for Paul when it comes to criminal justice matters. In addition to the RESET Act, he has also introduced an asset forfeiture reform bill and a medical marijuana amendment explicitly allowing states to set their own laws. And he also cosponsored, along with Sen. Cory Booker (D-NJ), another sentencing reform bill.

Washington, DC
United States

Chronicle AM -- July 28, 2014

The New York Times comes out for marijuana legalization, a Florida poll finds majority support for it, Rand Paul introduces a bill to wipe out the crack/powder cocaine sentencing disparity, and more. Let's get to it:

The nation's "newspaper of record" wants to free the weed. (wikimedia.org)
Marijuana Policy

New York Times Editorial Board Calls for End to Federal Marijuana Prohibition. What is arguably the most influential and respected newspaper in the United States is ready to free the weed. In a Sunday editorial, the New York Times called forthrightly for the end of federal marijuana prohibition. "The federal government should repeal the ban on marijuana," the newspaper proclaimed. "We reached that conclusion after a great deal of discussion among the members of The Times's Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws."

Alaska Legalization Initiative Backers File Campaign Finance Complaint Against Foes. The Campaign to Regulate Marijuana Like Alcohol in Alaska has filed a complaint with the Alaska Public Offices Commission charging that the "Big Marijuana, Big Mistake, Vote No on 2" campaign deceived the public trust when its campaign spokesperson, Kristina Woolston, said her employer, Northwest Strategies is donating its time to the campaign. State law requires that donations be filed as campaign contributions.

Florida Poll Finds 55% for Marijuana Legalization. A majority (55%) of Floridians are ready to legalize marijuana, a new Quinnipiac University poll has found. It looks to be a generational thing; 72% of people under 30 support it, but only 36% of people 65 and older do. The poll also had 88% support for medical marijuana.

More Michigan Towns to Hand in Local Decriminalization Initiative Signatures Tomorrow. Initiative organizers in Port Huron, Lansing, and Portage are preparing to hand in signatures for local decriminalization initiatives tomorrow. The Safer Michigan Coalition says organizers have already handed in signatures in 14 other towns: Frankfort, Huntington Woods, Mt. Pleasant, Pleasant Ridge and Utica; in prior weeks, they did so in Berkley, Grosse Pointe Park, Harrison, Hazel Park, Lapeer, Montrose, Oak Park, Onaway and Saginaw.

Santa Fe, New Mexican, Decriminalization Initiatives Comes Up Short on Signatures. A campaign to put a municipal decriminalization on the Santa Fe ballot in November has hit a bump. Only 3,569 of the 7,000 signatures it handed in were valid; it needs 5,763 to qualify. But campaigners still have more time to gather more.

Medical Marijuana

Bill to Allow Low-THC, High-CBD Medical Marijuana Filed in US House. Rep. Scott Perry (R-PA) today introduced a bill that would exempt low-THC, high-CBD marijuana from the federal Controlled Substances Act. The Charlotte's Web Medical Hemp Act is not yet available on the congressional web site.

Law Enforcement

Staten Island Narcs Are NYPD's Most Sued. Seven of the 10 most sued NYPD officers work out of a Staten Island narcotics unit, according to an analysis by the New York Daily News. Those Staten Island narcs account for 21% of the more than 600 cases filed against NYPD officers in the past decade. Taxpayers have shelled out more than $6 million to settle suits against them. Most of the suits against them allege false arrests for charges that are later dropped. Detective Vincent Orsini, who has been sued 21 times since 2003, with payouts of nearly $1.1 million, is the most-sued cop on the Island.

Sentencing

Rand Paul Introduces Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. Sen. Rand Paul (R-KY) last Thursday filed the RESET (Reclassification to Ensure Smarter and Equal Treatment) Act to eliminate the sentencing disparity between crack and powder cocaine. The 2010 Fair Sentencing Act reducing the disparity from 100:1 to 18:1, but this bill would totally equalize the penalties. The bill would also reclassify some low-level federal drug possession offenses from felonies to misdemeanors. It is not yet up on the congressional web site.

International

Gun Battles Continue in Northeast Mexico Across from US Border. Fighting between various Mexican drug cartel factions in the northeastern state of Tamaulipas continues. Gun battles in Reynosa, just across the Rio Grande River from McAllen, Texas, left six suspected cartel gun men dead, including at least one killed by Mexican marines.

Chronicle AM -- July 18, 2014

Tens of thousands of federal drug prisoners could get out early after the US Sentencing Commission votes to make guideline reductions retroactive, the Ohio Supreme Court moves to cut some crack sentences, FedEx gets indicted for shipping pills for Internet pharmacies (and not taking a deal with the feds), and more. Let's get to it:

Federal Correctional Institution, Englewood, CO. There may soon be room at the inn. (wikimedia.org)
Medical Marijuana

New York Medical Marijuana Business Alliance Formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

New Hampshire Advocates to Demonstrate at Statehouse Next Wednesday to Criticize Medical Marijuana Program Delays. Next Wednesday is the one-year anniversary of Gov. Maggie Hassan's signing of the state's medical marijuana bill, but the state's program is beset with needless delays, say advocates, who will gather at the statehouse in Concord next Wednesday to shine a media spotlight on the problem. Click on the link to RSVP.

Northern California Congressman Calls on US Attorney to Go After "Trespass" Marijuana Growers, Not People Complying With State Law. US Rep. Jared Hoffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

New Synthetic Drugs

Alaska Tries New Tactic in Battle Against Synthetics -- Fining Stores That Sell Them. Gov. Sean Parnell (R) Wednesday signed into law a bill designed to block the retail sale of synthetic drugs by defining them as products with "false or misleading labels" and imposing fines similar to traffic tickets on people who sell or possess them. The move comes after earlier efforts to suppress the new synthetics were undermined by manufacturers who adjusted their recipes to avoid lists of banned synthetics.

Law Enforcement

FedEx Hit With Criminal Indictment for Shipping Internet Pharmacy Drugs. A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments. Read the indictment here.

Sentencing

US Sentencing Commission Votes Unanimously for Retroactivity in Drug Sentencing, Could Affect 46,000 Federal Prisoners. The United States Sentencing Commission voted unanimously today at a public meeting to apply a reduction in the sentencing guideline levels applicable to most federal drug trafficking offenders retroactively, meaning that many offenders currently in prison could be eligible for reduced sentences beginning November 2015. Unless Congress disapproves the amendment, beginning November 1, 2014, eligible offenders can ask courts to reduce their sentences. Offenders whose requests are granted by the courts can be released no earlier than November 1, 2015. The Commission estimates that more than 46,000 offenders would be eligible to seek sentence reductions in court. These offenders' sentences could be reduced by 25 months on average. Click on the link for more information.

Ohio Supreme Court Rules Crack Defendants Sentenced After New Law to Reduce Disparities Went Into Effect Must Be Resentenced. The state Supreme Court ruled Wednesday that defendants convicted before laws reducing the penalty for possessing crack cocaine went into effect, but sentenced after they went into effect must be resentenced under the new law. The case is State v. Limoli.

International

Australia Drug Use Survey Released. The 2013 National Drug Strategy Household Survey, conducted by the Australian Institute of Health and Welfare, was released Thursday. Cigarette smoking is down, youth drinking is down, and so is the use of heroin, ecstasy, and GHB. The misuse of pharmaceuticals is up, and the use of meth remains steady.

Ending Moratorium, Singapore Executes Two Convicted Drug Dealers. Singapore today hanged two convicted drug dealers, the first executions for drug offenses since it imposed a moratorium on them in 2011. Tang Hai Liang, 36, had been convicted of trafficking 89.55 grams (3.2 ounces) of pure heroin and Foong Chee Peng, 48, had been found guilty of dealing 40.23 grams of the same illegal drug. Both are Singapore citizens. They had chosen not to seek resentencing under a 2012 law that abolished mandatory death sentences in some drug trafficking cases.

Chronicle AM -- July 15, 2014

The Obama administration comes out against congressional interference with the District of Columbia's decriminalization law, Dana Rohrabacher comes out as the first Republican congressman to support marijuana legalization, the Smarter Sentencing Act picks up more sponsors, and more. Let's get to it:

US Rep. Dana Rohrabacher (R-CA), the first sitting Republican congressman to endorse marijuana legalization. (house.gov)
Marijuana Policy

White House Comes Out Against Congress Blocking DC Decriminalization Law. In a statement of administration policy on pending appropriations bills, the White House Monday came out "strongly" against a congressional move to bar the District from spending money to implement its new decriminalization law. "The Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally- passed marijuana policies, which again undermines the principles of States' rights and of District home rule. Furthermore, the language poses legal challenges to the Metropolitan Police Department's enforcement of all marijuana laws currently in force in the District," the statement said.

DC City Council Passes Emergency Resolutions Condemning Congressional Interference. The council Monday approved two emergency resolutions opposing a recent effort led by US House Representative Andy Harris (R-MD) to use congressional oversight to block the District of Columbia from spending any of its locally-raised revenues to enact marijuana reform. Read more on DC marijuana politics in a feature article here later today.

Dana Rohrabacher, First Republican Congressman to Back Marijuana Legalization. California Republican US Rep. Dana Rohrabacher told the Christian Science Monitor Monday that he supports legalizing marijuana and would "probably" endorse a 2016 California legalization initiative if it qualifies for the ballot. Rohrabacher is the first sitting Republican congressman to explicitly endorse legalization. About 40 congressional Democrats have expressed support for legalization.

National Press Club Newsmakers Event Next Week Centers on Marijuana Policy. The National Press Club in downtown Washington, DC, will host a news conference next Thursday on medical and recreational marijuana legalization. The news conference will feature Bill Piper, national affairs director for the Drug Policy Alliance, and Dr. Kevin Sabet of the anti-legalization group Project SAM (Smart About Marijuana). The event is open to all credentialed journalists and National Press Club members. Click on the link for event details.

Medical Marijuana

Missouri Governor Signs CBD Cannabis Oil Bill. Gov. Jay Nixon (R) yesterday signed into law a bill allowing Missourians with epilepsy that cannot be treated by conventional means to use low-THC, high-CBD cannabis oil. Patients will have to register for the state and have a neurologist aver that conventional treatments have not worked.

Los Angeles Moves to Shut Down Medical Marijuana Farmers' Market. Los Angeles City Attorney Mike Feuer has said he will today seek a restraining order to block a Boyle Heights medical marijuana farmers' market from doing it again. The farmers' market occurred two weekends ago. It isn't clear if there are plans to do it again.

Prescription Opiates

University of Wisconsin Pain Policy Study Group Releases Two Reports. The reports are Achieving Balance in State Pain Policy: A Progress Report Card (CY 2013) and Achieving Balance in State and Federal Pain Policies: A Guide to Evaluation (CY 2013). The first report contains a grade for each state and the District of Columbia, which represents the extent that state policies can support pain management and patient care. The second report explains PPSG's evaluation method and criteria as well as its "principle of balance," which says that "efforts to prevent drug diversion and abuse are essential and should avoid interfering with healthcare practice and patient care."

Law Enforcement

Oklahoma Narcs on the Lookout for Kratom. The Oklahoma Bureau of Narcotics is worried about kratom, a Southeast Asian shrub whose leaves are mildly psychoactive and who some users claim is useful as a means of breaking opiate addictions. The OBN says it is not a "major problem" yet, but that it has received worried phone calls from a half-dozen parents. Kratom is on the DEA's list of drugs to watch, but the federal agency has made no move to ban it.

Sentencing

Smarter Sentencing Act Picks Up Two More Cosponsors. Reps. Mark Pocan (D-WI) and Donald Payne (D-NJ) are the latest to sign onto the Smarter Sentencing Act, which would reduce some federal drug sentences by retroactively adjusting crack and powder cocaine sentences and allowing judges to sentence below mandatory minimums in some cases. The act now has 44 cosponsors -- 30 Democrats and 14 Republicans. Similar legislation has been filed in the Senate.

International

Dutch Senate Wants Justice Minister to Explain What He's Doing About Illegal Marijuana Production. The Senate has summoned Justice Minister Ivo Opstelten to explain what he is doing about "the backdoor problem" -- the fact that while cannabis coffee shops can sell marijuana without legal penalty, there is no legal source for the marijuana they sell. Opstelten and Home Affairs Minister Ronald Plasterk will appear before the Senate in September. Despite the pleas of numerous mayors, Opstelten has refused to allow experiments with regulated marijuana production.

Chronicle AM -- July 3, 2014

The Afghan poppy trade is spilling over into Central Asia, legal marijuana goes on sale in Washington state on Tuesday, Georgia holds off on welfare drug testing, a California sentencing reform bill is now one vote away from passage, and more. Let's get to it:

Central Asian countries are getting in on the Afghan drug trade, according to a new report. (unodc.org)
Marijuana Policy

Retail Marijuana Sales Begin at Noon Tuesday in Seattle. The first legal retail marijuana sale in Seattle will take place at noon Tuesday, the owner of Cannabis City says. But the first pot sold legally in Washington state may actually be purchased in Bellingham, where Top Shelf Cannabis says it will be open at 8:00am.

DC Mayor Calls for 4th of July Boycott of Maryland Shore to Protest Congressman's Move to Mess With City's Decriminalization Law. DC Mayor Vincent Gray (D) is joining DC activists in calling for city residents to not spend their holiday weekends in Ocean City or St. Michaels, Maryland. That's the area represented in Congress by Rep. Andy Harris (R-MD), who authored a successful amendment to a House budget bill that would effectively overturn the District's decriminalization law. DC residents who want to enjoy the beach should instead go to Rehoboth Beach, DE, or Chincoteague Island, VA, instead, Gray suggested.

Medical Marijuana

North Carolina Governor Signs Limited Low-THC, High-CBD Medical Marijuana Law. Gov. Pat McCrory (R) has signed into law a bill that will allow people suffering from certain epilepsy conditions to use cannabis extracts containing less than 0.3% THC and more than 10% CBD. But only neurologists in a pilot study may recommend it.

Drug Testing

Georgia Governor Holds Off Welfare Drug Testing. Gov. Nathan Deal (R) has announced that even though a new law to drug test welfare recipients went into effect Tuesday, he will delay implementing it until a federal appeals court rules on a similar Florida law. But the Florida law mandates suspicionless mandatory drug testing, while Georgia's law, House Bill 772, only requires drug testing upon suspicion of drug use, so some critics are wondering if something else is at play. The Georgia law also had a food stamp applicant drug testing provision, but that part has already been nullified by the US Department of Agriculture, which runs the food stamp program.

Sentencing

California Fair Sentencing Act Wins Final Assembly Committee Vote. The California Fair Sentencing Act (Senate Bill 1010) was approved by the Assembly Appropriations Committee on a 12-3 vote Wednesday and now heads for an Assembly floor vote. Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill would correct the sentencing and other disparities between crack and powder cocaine. The bill has already been approved by the Senate.

Law Enforcement

US Indicts Three Peruvian Shining Path Leaders on Drug, Terrorism Charges. Three leaders of the Peruvian Shining Path guerrilla group have been indicted in New York on drugs, weapons, and terrorism charges. They are accused of cocaine trafficking and committing terrorist acts against Peruvian -- not American -- civilians and military personnel. They are Florindo Flores Hala, also known as Comrade Artemio, and Victor and Jorge Quispe Palomino. Flores Hala is in custody, but the Quispe Palomino brothers are not. Among other things, they are charged with providing material support to a terrorist organization, i.e. themselves.

ACLU Sues Massachusetts SWAT Teams for Refusing to Release Public Records. The ACLU of Massachusetts has filed a lawsuit against SWAT teams in the state after they refused to release records sought in a freedom of information request. The SWAT teams are making the novel legal argument that they are not required to comply because the law enforcement councils that operate them are not public entities, but private, not-for-profit groups. Click on the link for a lengthy article on the issue.

International

Afghanistan's Central Asian Neighbors Complicit in Drug Trade, Report Says. About the only substantive cooperation between Afghanistan and its Central Asian neighbors comes in turning a blind eye to the opium and heroin trade, according to a new report from Afghanistan Analysts. The report is Between Cooperation and Insulation: Afghanistan'sa Relations With the Central Asian Republics.

Chronicle AM -- June 19, 2014

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

Drug Policy

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

Opiates

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

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

Harm Reduction

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

Sentencing

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

International

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

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

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

Chronicle AM -- June 4, 2014

Legendary chemist Alexander Shulgin has died, the fight for medical marijuana in New York continues, Chicago sues Big Pharma over prescription opiates, Britain's black police association wants a look at legalization in the US, pot politics continues to get big play in Bermuda, and more. Let's get to it:

Britain's National Black Police Association wants the government to study marijuana reform in the US. (nbpa.co.uk)
Medical Marijuana

Compromise Could Be Coming on New York Medical Marijuana Bill. Two key players in the New York legislature, Sen. Diane Savino (D-Staten Island) and Assemblyman Richard Gottfried (D-Manhattan) met yesterday in an effort to find a compromise between their two bills that could lead to passage of a bill before the session ends in two weeks. The Assembly has already approved Gottfried's bill, but the Senate has yet to act on Savino's. Being able to actually smoke marijuana may be an item for discussion.

Ecstasy

Legendary Chemist Alexander Shulgin, "Godfather of Ecstasy" Dead at 88. Alexander Shulgin, the Berkeley-based research chemist who turned the psychotherapeutic community on to MDMA (Ecstasy) died Monday at his Northern California home. In addition to his work with MDMA, Shulgin also created more than 200 other psychedelic compounds. His life's work is distilled in two books PIKHAL (Phenethylamines I Have Known and Loved): A Chemical Love Story and TIKHAL (Triptamines I Have Known and Loved): The Continuation. The DEA considers those books handbooks for illicit psychoactive chemistry.

Prescription Drugs

Chicago Sues Pharmaceutical Companies; Claims They Contributed to Prescription Drug Surge. The city of Chicago has filed a lawsuit against five drug companies -- Purdue Pharma, Cephalon, Janssen Pharmaceuticals, Endo Health Solutions and Actavis -- charging they deceived the public about the risks and benefits of highly potent and effective opiate pain relievers. "For years, Big Pharma has deceived the public about the true risks and benefits of highly potent and highly addictive painkillers in order to expand their customer base and increase their bottom line, Mayor Rahm Emanuel said in a statement. The lawsuit claims the companies violated city laws against consumer fraud and misleading advertising. The city is seeking cash damages in an unspecified amount, but said it is not seeking to ban the medications.

Sentencing

US Sentencing Commission to Hold Public Hearing Next Week on Retroactivity for New Drug Quantity Sentencing Tables. On Tuesday, June 10, the US Sentencing Commission will hold a public hearing to gather testimony from invited witnesses on the issue of whether the amendment to the drug quantity table sent to Congress in April should be applied retroactively. The Commission will not be voting on the issue of retroactivity at this hearing, and that issue is open for public comment until July 7. A tentative hearing agenda is available here​.

More Than a Thousand Religious Leaders Call for Federal Drug Sentencing Reform. Some 1,100 religious leaders representing 40 different faith groups have signed onto a letter to Congress supporting passage of the Smarter Sentencing Act (S1410/HR 3382), which would reduce mandatory minimum sentences for federal drug offenses. The sign-on was sponsored by the Faith in Action Criminal Justice Reform Working Group.

Law Enforcement

Sarasota, Florida, Cops' Reverse Sting on Nickel Bag Marijuana Buyers Raises Eyebrows, Civil Liberties Concerns. Police in Sarasota, Florida, went undercover to sell nickel bags of weed to unsuspecting customers in a city park and then charged them with "purchase of marijuana," a felony punishable by up to five years in state prison. The operation has critics calling foul and questioning whether the operation was a good use of police sources, whether it violated the civil rights of some defendants (including a mentally ill man), and why it targeted users instead of dealers.

International

British Black Police Group Call for Government to Examine US States' Marijuana Legalization. Britain's National Black Police Association wants the British government to examine marijuana legalization in US states, with an eye toward moving in the same direction in the UK. "We've had our current approach to drug laws for 20 years. If we can learn anything from the US I think we should to see whether we can get some better outcomes," said Nick Glynn, vice-president of the group. "There about a million stop and searches carried out in England and Wales every year. Around half of those are focused on street possession of cannabis so there's a lot of time spent dealing with that very low level offense. In the US they've done it in separate areas instead of across the whole country so maybe that's something we can replicate here."

Georgia Prime Minister Denies Rumors He Plans to Legalize Marijuana, But.... Georgian Prime Minister Irakly Garibashvili today denied rumors he plans to free the weed, but he did say that punishments for "soft drugs" may be reevaluated. Under current Georgian law, possession of marijuana can get you seven to 14 years in prison, although the state seems more interested in revenues from fines than in actually imprisoning people.

Bermuda Opposition Leader Stands By His Backing of Medical Marijuana; He Gave It to His Asthmatic Daughter. Opposition leader Marc Bean said Tuesday that he "absolutely" stands by his remarks last week supporting marijuana as a medicine and that he used it to treat his young daughter for asthma. He originally spoke out last week as the House of Assembly debated the findings of the Cannabis Reform Collective, which is calling for medical marijuana, decriminalization, and eventual legalization He also said he had smoked the stuff himself. "I was a Rastaman, full fledged -- I lit the chalice," Bean said.

Bermuda Parliamentary Select Committee Recommends Drug Testing for Legislators. A parliamentary joint select committee has issued a report recommending random, suspicionless drug testing of legislators because they are "guardians of public morality" and any drug use by them "calls into question their ability to uphold the principles of public morality and the rule of law and to lead by example. They might want to speak to Marc Bean first.

Chronicle AM -- May 29, 2014

Minnesota becomes the 22nd medical marijuana state, the California Senate passes a medical marijuana regulation bill and a bill equalizing crack and powder cocaine offenses, a new study reports on who current heroin users are, there are a series of votes set for today to rein in the DEA, a Canadian court allows heroin-assisted treatment trials to move forward, and more. Let's get to it:

Cocaine is cocaine, whether rock or powder, and the California Senate has voted to treat it like that. (wikimedia.org)
Marijuana Policy

Michigan Poll Has Support for Legalization at 42%. A Detroit News/WDIV-TV poll released today has support for marijuana legalization at 42%, with 52% opposed. The poll conducted by the Glengariff Group of Chicago surveyed 600 voters. It has a margin of error of +/ -4%. "There is a sharp difference in attitudes on marijuana legalization among voters under and over the age of 40," said pollster Richard Czuba. "And while Democratic voters support legalization of marijuana, independents and Republican voters strongly oppose legalization." Click the link for more demographic details.

Washington, DC, Initiative is Sweating the Signature-Gathering. Organizers of the DC initiative to legalize the possession and cultivation of small amounts of marijuana -- but not the legalization and regulation of marijuana sales -- are "a little nervous" about the progress of their signature-gathering campaign. They have until July 7 to collect 22,373 valid voter signatures. They had collected some 19,000 raw signatures by Monday, but of the 16,734 that have been processed, only 5,360 have been found to be valid.

Delaware Decriminalization Bill Filed. Rep. Helene Keeley (D-Wilmington) today introduced a decriminalization bill, House Bill 371. It would make possession of up to an ounce a civil offense with a maximum $100 fine for people 21 and over. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Minnesota Governor Signs Medical Marijuana Bill. Gov. Mark Dayton (DFL) today signed into law the medical marijuana bill approved earlier this month by the legislature. It allows for eight distribution centers across the state to by supplied by two medical marijuana manufacturers. The bill does not allow for the smoking of medical marijuana; but it can be vaped or eaten. Some medical marijuana groups are calling the law "overly restrictive."

California Senate Approves Medical Marijuana Regulation Bill. The state Senate yesterday approved Senate Bill 1262, sponsored by Sen. Lou Correa (D-Anaheim). It is supported by cities and law enforcement, and would impose tighter controls on dispensaries, cultivation, and recommending. A competing bill, Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was expected to be voted on today. If both pass their respective houses, look for a compromise.

Drug Policy

Congress Set to Vote Today on Four Amendments to Reign in DEA. Congress is set to vote today on at least four amendments aimed at reigning in the Drug Enforcement Administration (DEA). One would prohibit DEA from interfering in states that allow medical marijuana; another would prohibit it from blocking hemp seed imports in states that have approved hemp research; a third would prohibit it from undermining state laws that allow for hemp cultivation; and a fourth would reject a proposed $35 million increase in the DEA's FY 2015 budget.

Heroin

Today's Heroin Users Are Mainly Young, White and Not in the Big City, New Study Finds. A new research article published in the Journal of the American Medical Association finds that, unlike the heroin boom of the 1960s, most heroin users today are young white men whose opiate habits overwhelmingly started with prescription pain pills. "Our data show that the demographic composition of heroin users entering treatment has shifted over the last 50 years such that heroin use has changed from an inner-city, minority-centered problem to one that has a more widespread geographical distribution, involving primarily white men and women in their late 20s living outside of large urban areas," the authors concluded.

Law Enforcement

Minnesota Prosecutor "Sending a Message" Charges Five Teens With Murder in Teen Girl's Overdose Death. Washington County Attorney Pete Orput has charged five local teenagers with murder in the January death of a 17-year-old girl who died after taking a new synthetic hallucinogen. "We think there's a moral obligation to keep kids free of drugs," said Orput. "We're sending a message that suppliers will be held fully to account." Those charged include a 19-year-old, an 18-year-old, and three 17-year-olds. Orput said the three minors will be charged as adults. The 19-year-old is accused of being the dealer; the others bought some of the drug and shared it among themselves and the dead girl.

Customs to Curtail Searches of General Aviation Aircraft Not Crossing Borders. After loud complaints from private pilots that their domestic flights were being searched for drugs by Customs agents, the Customs and Border Protection agency (CBP) has announced it will curtail the searches. An official told National Public Radio yesterday that "his agency has heard pilots' grievances and the program is being altered so as not to needlessly affront law-abiding pilots." The Airline Operators and Pilots Association has been raising a stink about the issue for the past year, saying it has received more than 50 reports from members who recounted their encounters with law enforcement at airports.

Georgia SWAT Team Throws Flash-Bang Grenade, Burns Toddler in Drug Raid. A 2-year-old child was burned when members of the Habersham County Special Response Team deployed a "distraction device" as they executed a drug search warrant early yesterday morning. The raid came a day after a snitch made a drug buy at the home and reported no children present. The raiders got themselves a no-knock warrant and breached the door of the home. "What had happened was there was a playpen -- a Pack N Play -- that was pushed up against the door, and when they breached the door it wouldn't open up because of the Pack N Play," Sheriff Joey Terrell said. "It was just wide enough to toss the flash bang in, then they had to physically push it [Pack N Play] on out of the way to get in. That's when the team medics saw the child, stopped at the child, took the child out and began first aid. "The door that we entered was the door that we bought dope out of -- that's why entered at that door," Terrell said. "Our team went by the book. Given the same scenario, we'll do the same thing again. I stand behind what our team did," he maintained. He blames the target of the warrant. Read the whole story at the link.

Sentencing

California Senate Approves Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. The state Senate Wednesday approved a bill that would equalize the penalties for crack and powder cocaine sales and make it easier to get probation for either. The measure is Senate Bill 1010, introduced by Sen. Holly Mitchell (D-Los Angeles). It now goes to the Assembly.

International

Peru Names Former Defense Minister as New Drug Czar. President Ollanta Humala has named former Defense Minister Luis Otorala as the new head of the Peruvian anti-drug agency, DEVIDA. He replaces Carman Masias. Otarola said that while eradication of coca crops will continue, greater emphasis will be placed on economic alternatives for farmers. Hardline critics said the move and the new emphasis "showed a weakening in the resolve of the government" to confront the drug trade. Peru is once again the world's leading coca and cocaine producer.

Medical Marijuana Bill Introduced in Philippines. Rep. Rodolfo Albano III has filed a medical marijuana bill in the Philippine legislature. House Bill 4477, the Compassionate Use of Medical Cannabis Bill, is intended "to provide accessible, affordable, safe medical cannabis to qualifying patients."

British Columbia Supreme Court Grants Injunction for Heroin Treatment Study to Continue. Canada's BC Supreme Court today granted an injunction for an exemption from federal drug laws for participants in the SALOME study (The Study to Assess Long-term Opioid Maintenance Effectiveness). The injunction will allow doctors in the study to continue prescribing heroin to patients for whom other treatment options have been ineffective.

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