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Chronicle AM -- May 12, 2014

Elderly senators grumble about new-fangled rules allowing legal marijuana businesses to use the financial system, there are more legalization polls, an Oklahoma US Senate candidate is talking marijuana reform, there is medical marijuana initiative news, Minnesota passes asset forfeiture reform and the governor signs it, and more. Let's get to it:

Oklahoma state Sen. Constance Johnson (D) is running for the US Senate and talking marijuana reform. (oksenate.gov)
Marijuana Policy

Feinstein, Grassley Try to Thwart Normalized Marijuana Banking. Sens. Dianne Feinstein (D-CA) and Charles Grassley (R-IA) aren't happy with the Obama administration's efforts to find a way to let marijuana businesses in states where it is legal have access to the financial system. They sent a letter to the Financial Crimes Enforcement Network (FinCEN) complaining about the guidance it was offering banks "on providing financial services for drug traffickers," in Grassley's words. FinCen responded here, but that wasn't good enough for the crusty drug warriors. Now, Grassley has responded to the response, maintaining that "unless federal law is changed, selling marijuana, laundering marijuana proceeds, and aiding and abetting those activities all remain illegal" and that "FinCEN's guidance to financial institutions is absolutely contrary to the mission of the agency." Click on the title link to read the rest.

Connecticut Poll Has 52% for Legalization. A Quinnipiac University poll released Monday has support for marijuana legalization at 52% among Connecticut voters, who also said overwhelmingly that alcohol was a bigger health problem than pot. A whopping 80% of voters under 30 supported legalization. Voters also supported having medical marijuana dispensaries in their towns by a margin of more than two-to-one. The state legalized medical marijuana in 2012.

New Mexico Poll Has Only 40% for Legalization, But… an Albuquerque Journal flash poll had support for marijuana legalization at 40%, with 47% opposed. The poll only asked only if marijuana should be legalized, however, without specifying what legalization might look like. A poll done last year for the Drug Policy Alliance got 53% support for legalization when it asked whether marijuana should be legalized for adults so that it could be taxed and regulated, like alcohol, with restrictions on where it could be bought and consumed.

Colorado Marijuana Tax Revenues Top $20 Million So Far This Year. The state Department of Revenue released figures last Thursday showing that revenues from adult and medical marijuana taxes, licenses, and fees were at nearly $22 million for the first three months of the year. The state reported that March adult marijuana sales hit $19 million, up $5 million over February, while medical marijuana sales were about $34 million.

Push Underway to Decriminalize Toledo. A petition drive is underway for a municipal initiative to decriminalize small-time marijuana possession in the Northwest Ohio city. The initiative is sponsored by the Toledo NORML chapter, which says it has already collected 2,800 signatures. It needs 3,800 valid signatures to qualify for the November ballot.

Oklahoma's Leading Democratic US Senate Candidate Pushes Marijuana Law Reform. State Sen. Constance Johnson (D-Oklahoma City), the leading candidate for the state's Democratic Party US Senate nomination, is the author of repeated failed medical marijuana bills in the state legislature and is currently working to get a legalization initiative on the November ballot. A Democrat winning a Senate seat in Oklahoma is a long shot, but Johnson says she hopes marijuana will drive voters to the polls. "This whole issue, to me, is not about smoking marijuana. It's about criminalizing it. That's where these young people stand to be hurt the most. They get that," said Johnson. "Unless we change who's voting, things will stay the same," she said. "It's time to send a message -- not only to the policymakers... but to the people -- that we can change this." You can do that by putting marijuana on the ballot, she said.

Medical Marijuana

Minnesota Governor Says He Will Sign House Bill. Gov. Mark Dayton (DFL) sent a letter Friday to lawmakers saying he could sign the medical marijuana bill passed by the House. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor. A stronger bill, Senate File 1641, has passed the Senate, but Dayton didn't say he could sign that one. Now, the Senate must accept the House version or try to reach a compromise in conference committee.

Ohio Medical Marijuana Initiative Campaign in Midst of Signature-Gathering. The Ohio Rights Group is leading a signature-gathering campaign to put a medical marijuana (and hemp) initiative on the November ballot. They need to collect 385,000 valid voter signatures by July 5. They had 50,000 signatures on March 1 and haven't reported any more recent figures, but the campaign has been ramping up this month.

Arkansas Attorney General Again Rejects Medical Marijuana Initiative Language. Attorney General Dustin McDaniel has once again rejected the proposed wording for a medical marijuana initiative from Arkansans for Medical Cannabis. This is about the sixth time he has rejected proposals from the group. Meanwhile, another initiative, this one from Arkansans for Compassionate Care, is in the signature-gathering phase. The Arkansas Medical Cannabis Act needs some 65,000 valid signatures to qualify for the November ballot.

Asset Forfeiture

Minnesota Governor Signs Asset Forfeiture Reform Bill. Last week, Gov. Mark Dayton (DFL) signed into law Senate File 874, which forces authorities to actually convict someone of a criminal offense or get a guilty plea before seizing his property. The bill also forces the government to prove the property was the instrument or proceeds of crime. Previously, it had been up to the victim of the seizure to prove it was not connected to crimes.

Drug Testing

Federal Judge Rejects City of Key West Prospective Employee Drug Testing. A US district court judge has ruled that Key West's policy of drug-testing prospective employees is illegal. The ACLU of Florida had brought suit on behalf of a woman who was offered a job as the city's recycling coordinator, but had the job offer rescinded after she refused a drug test. The city failed to demonstrate "a special need or important government interest which justifies the policy's Fourth Amendment intrusion," Judge James Lawrence King held. And while the city argued that the tests should be allowed because job applicants were forewarned, King wasn't buying it. The law doesn't allow a government entity "to violate a person's rights under the Fourth Amendment so long as prior notice of the impending violation is given," he ruled.

International

Heroin Maintenance Coming to Norway? The Norwegian city of Bergen has proposed undertaking a program of heroin maintenance, or heroin-assisted treatment (HAT). Norway has long been skeptical of opioid maintenance therapies, allowing the use of methadone only in 1998. Dr. Ola Josendal, director of addiction medicine at Haukeland University Hospital proposed HAT clinical trials in December, but the national health minister rejected them. Now, however, the Labor Party, the largest bloc in parliament, is in favor, so it could happen. Stay tuned.

Bermuda Cannabis Reform Collaborative Says Decriminalize It. A panel tasked with examining Bermuda's marijuana laws issued its report last Friday, and it calling for the decriminalization of small-time pot possession, allowing people to grow a small number of plants, and allowing the medical use of the plant on the island. Marijuana prohibition is not working, the report said.

Mexico's Plan to Demobilize Anti-Cartel Vigilantes Hits Snags. Anti-cartel vigilantes in the state of Michoacan were supposed to begin laying down their arms and integrating into a new rural police force Saturday, but The Washington Post reports that the process isn't exactly going smoothly. The vigilante groups formed more than a year ago with an apparent wink and nod from the government and managed to drive the Knights Templar cartel out of parts of the state, but now, the government fears they may get out of control. Click the link for a full report.

(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 -- May 8, 2014

Another poll has marijuana legalization at the tipping point, a Colorado bill to form credit co-ops for pot businesses passes, an Illinois bill to let kids with epilepsy use medical marijuana is moving, a New York naloxone bill passes, Pittsburgh needle exchanges get some breathing room, and more. Let's get to it:

Pittsburgh needle exchanges get some breathing room. (wikimedia.org)
Marijuana Policy

Fairleigh Dickinson Poll Has 50% Support for Legalization. A new poll from Fairleigh Dickinson University has support for marijuana legalization at 50% nationwide. By a ratio of 2-to-1, Democrats (63%) favor legalization more than Republicans (32%), with independents (58%) more closely aligned with Democrats. Young people also are far more supportive of legalization, with 65% of the millennial generation and over half of Gen Xers (56%) in favor, compared with fewer than half (48%) of baby boomers and around a third (36%) of the World War II generation. "Democrats see getting high as a lifestyle choice, whereas Republicans are more likely to understand it through the prism of morality and social deviance," political science professor and poll director Krista Jenkins told the Associated Press. "However, the age differences we're seeing suggest that legal [marijuana] smoking in the future is more a question of 'when' rather than 'if.'"

Colorado Legislature Passes Marijuana Credit Co-op Bill. Legislation to create a state-backed credit co-op to provide banking services to Colorado's all-cash marijuana industry is on its way to the governor's desk. House Bill 1398, after a battle over whether or not to allow hemp businesses to take part, passed the full House on a 33-31 final vote after lawmakers there ended a standoff between various factions and the Capitol's two chambers by signing off on Senate changes to the bill, including allowing the inclusion of hemp businesses.

Medical Marijuana

Illinois Bill to Allow Children With Epilepsy to Use Medical Marijuana Wins Committee Vote. A measure that would allow children with epilepsy to use medical marijuana is moving. The House Rules Committee approved Senate Bill 2636 Wednesday on a 15-0 vote. The legislation would add epilepsy to the list of treatable diseases in the state's medical cannabis pilot program. It would also allow children with epilepsy to use medical cannabis. The bill has already passed the Senate and now heads for a House floor vote.

Drugged Driving

Michigan Drugged Driving Bills to Drop Roadside Saliva Tests. A provision pending in a pair of bills in the Michigan legislature that would let police give roadside saliva tests to drivers suspected of being under the influence of drugs will be removed from the legislation today, according to a cosponsor of the bill. Critics including researchers said the tests are inaccurate and could lead to inappropriate arrests of medical marijuana patients. Republican state Rep. Mike Callton said he plans to introduce an amendment removing the saliva testing provision at a House Judiciary Committee hearing Thursday. The bills are House Bill 5384 and House Bill 5385.

Drug Testing

Florida Governor Tries Again to Drug Test All Welfare Recipients. Gov. Rick Scott (R) is at it again. Weeks after the Supreme Court refused to hear his argument for why all state employees should have to pee in cups, Scott has filed a new brief in appellate court asking to re-argue his right to drug-test all welfare recipients in Florida. The plan was originally halted by court order in October 2011 while the ACLU challenged it, and the US District Court threw out the rule in December 2013 based on the arguments of a Navy veteran who said it violated his right against unreasonable search and seizure. But now Scott is back in appeals court, arguing in the new brief that there is a "demonstrated problem with drug use" among welfare recipients. Except there isn't: More than 4,000 people were tested while the program was in place, and a grand total of 108 failed. That's less than 3%.

Prescription Opioids

Massachusetts Medical Society Warns Don't Forget Pain Patients in Battle Against Prescription Drug Abuse. Policymakers "need to balance the needs of legitimate patients with pain, against the dangers to the public of opiates being in circulation," the Massachusetts Medical Society said in a statement delivered to the state's Senate Special Committee on Drug Abuse and Treatment Options Tuesday. "It is critical that we not forget the needs of our patients in pain to comprehensive medical care that effectively helps them to have the best quality of life that their disease or diagnosis will allow," the doctors' group emphasized.

Law Enforcement

Detroit Mass Drug Sweeps Continue. Authorities are conducting a narcotics blitz and warrant sweep Thursday afternoon on the city's west side as part of the eighth and latest high-profile police raid. They're part of an ongoing police offensive called Operation Restore Order. In March, two crime-ridden neighborhoods were flooded as part of Operation Restore Order March Madness, which targeted problematic areas in the Ninth and Sixth precincts, on the city's east and west sides, respectively. The first Operation Restore Order raid came in November, when officers flooded the high-crime Colony Arms Apartments on Jefferson. Since then, there have been raids of the Martin Luther King Apartments, a 1.2 square-mile area of the west side known for heavy drug dealing, and warrant sweeps in the Fifth, Sixth, Eighth and Ninth Precincts. It's not clear yet whether order has actually been restored.

Harm Reduction

New York Bill to Expand Overdose Reversal Drug Access to Friends, Family Members Passes Legislature. State lawmakers have passed a bill expanding access to the drug naloxone (Narcan), which can reverse an overdose of opioids such as heroin and morphine. Assembly Bill 8637 would allow health care professionals and pharmacies to distribute Narcan, without a prescription, to at-risk people and those who know them. It was unclear late Wednesday whether Gov. Andrew Cuomo intends to sign the bill into law.

Pittsburgh Needle Exchanges Get Some Breathing Room. The Allegheny County Board of Health unanimously passed a motion that will lift location restrictions for needle exchange programs within the city of Pittsburgh. The previous regulation banned needle exchanges within 1,500 feet of schools, daycare centers and drug treatment centers. But that proved far too restrictive for the densely populated city of Pittsburgh, where needle exchanges would have few places to operate. The motion passed today would lift that restriction, though city council would still have to approve new needle exchange locations. The location restriction remains the same in the rest of the county.

International

US Will Cut Off Anti-Drug Assistance to Ecuador. The United States will end decades of anti-drug trafficking assistance to Ecuador this month, pulling its staff from the INL office in the South American nation, a top official said Wednesday. "I am quite prepared to acknowledge right now the INL section, which has been in Ecuador now for more than 30 years, is also going to close up shop," Ambassador William Brownfield, Assistant Secretary of State for International Narcotics and Law Enforcement Affairs (INL), told a congressional hearing. Brownfield said the move was a reflection of the level of cooperation the United States has right now from Ecuador.

South Australian Politicians Compete to See Who Can Be Toughest on Drugs. It seems so last century, but "tough on drugs" is the stance of the day in South Australia. Opposition politicians are seeking a three-strikes policy under which repeat drug offenders would not be offered diversion to counseling, while state Attorney General John Rau is renewing his own push to crack down on serious drug offenders, including measures to strip them of their assets regardless of whether they were proceeds of crime. Legislation is pending.

Chief Minister Says Isle of Man Should Consider Marijuana Decriminalization. The Chief Minister of the Isle of Man has said the island should consider decriminalizing cannabis. Allan Bell's comments followed a presentation on the island given by former Westminster drug policy advisor David Nutt, whom the Labor government fired after he criticized its move to increase penalties. Bell praised Nutt's "fresh perspective," saying "there is a consensus developing internationally now that the old-style war on drugs has failed miserably and there needs to be a new approach." Bell cited marijuana legalization in the US and Uruguay as examples of nations taking a positive approach to drug policy.

Chronicle AM -- April 30, 2014

There was marijuana talk on Capitol Hill yesterday, a Vermont dispensary bill passes the Senate, Georgia's governor signs a welfare drug testing bill, a California drugged driving bill dies, and -- oh, yeah, we spent $7.5 billion to reduce Afghan opium production and got squat. And more. Let's get to it:

The US spent $7.5 billion to reduce Afghan opium cultivation. Now Afghanistan produces more than ever. Go figger. (unodc.org)
Marijuana Policy

NIH Head Tells Congress Marijuana is a Gateway Drug. Dr. Nora Volkow, the director from the National Institutes of Health warned House lawmakers Tuesday against legalizing marijuana use, saying it could act as a gateway drug. Volkow told the House Energy and Commerce Committee's Oversight and Investigations subpanel studies show that changes to brain chemistry after alcohol, tobacco, or marijuana use can prime users for harder drugs. Despite Volkow's claims, the gateway theory is widely discredited.

Treasury Secretary Defends Marijuana Banking Guidelines.Treasury Secretary Jack Lew on Tuesday defended the Obama administration's guidelines to banks conducting transactions with legal marijuana sellers as congressional Republicans questioned whether the guidance amounts to tacit federal approval of a drug illegal in most states. Lew's comments came at hearing of the House Appropriations Committee subcommittee on financial services, where Chairman Rep. Hal Rogers (R-KY) accused the administration of providing a "rubber stamp" to drug dealers. Lew disagreed: "Without any guidance, there would be a proliferation of cash-only businesses, and that would make it impossible to see when there are actions going on that violate both federal and state law and that... would be a real concern," Lew said. "We thought that the clarity, bringing it into daylight, was a better solution." Congress should write a law to establish a policy, he added.

New York City Conference Today and Tomorrow Marks 70th Anniversary of LaGuardia Commission Report. A major one-and-a-half day conference at the New York Academy of Medicine (NYAM) to discuss marijuana and broader drug policy reform gets underway today. The conference commemorates the 70th anniversary of one of the nation's first systematic studies to address many of the myths about marijuana, The La Guardia Committee Report: The Marihuana Problem in the City of New York, published in 1944. The NYAM published report concluded that "the sociological, psychological, and medical ills commonly attributed to marihuana have been found to be exaggerated," but marijuana prohibition has stood largely intact for seventy years -- until now. Click on the link for more details.

Medical Marijuana

Vermont Senate Approves Medical Marijuana Dispensary Improvement Bill. The Vermont Senate gave final approval Wednesday to a bill that will expand access to medical marijuana for qualified patients. It will now be sent to Gov. Peter Shumlin, who has expressed support for the measure. Senate Bill 247, sponsored by Sen. Jeanette White (D-Windham), will eliminate the cap on the number of patients who are allowed to access medical marijuana dispensaries. Currently, only 1,000 total patients are able to access dispensaries. The measure will also increase possession limits for dispensaries, allow them to deliver medical marijuana to patients, and permit naturopaths to certify patients for the program. The bill was amended by the House to initiate two studies: one to explore the possibility of adding post-traumatic stress disorder (PTSD) as a qualifying condition for the state's medical marijuana program, and one to evaluate the potential impact of making marijuana legal for adults and regulating it similarly to alcohol.

Louisiana Medical Marijuana Bill Excites Law Enforcement Opposition. Law enforcement agencies from across the state spoke out against a proposed bill to legalize medical marijuana at the Louisiana Sheriffs' Association today. "As the current bill stands in Louisiana, this still does not correct the fact that it is illegal in the United States of America to possess or use marijuana," president of the Louisiana Sheriffs' Association Sheriff Tony Mancuso said. The bill, Senate Bill 541, proposed by Louisiana State Senator Fred Mills (D-St. Martin Parish), will be heard by the Committee on Health and Welfare today.

Virginia Congressman Introduces Federal Medical Marijuana Bill. Rep. Morgan Griffith (R-VA) has filed House Resolution 4498, the Legitimate Use of Medicinal Marijuana Act. This bill would prohibit the federal government from preventing the prescription, possession, transportation, and distribution of marijuana for medical purposes in compliance with applicable state law. The bill would also reclassify marijuana from a Schedule I drug to a Schedule II drug.

Drug Testing

Georgia Governor Signs Bill to Drug Test Some Welfare Recipients. Georgia Gov. Nathan Deal (R) signed legislation on Tuesday requiring some applicants for food stamps and welfare benefits to undergo a drug test. Under the measure, House Bill 772, testing could be required if authorities have a "reasonable suspicion" of drug use. A person failing the test would temporarily lose benefits, although their children could receive assistance through another adult. Debbie Seagraves, executive director of the American Civil Liberties Union of Georgia, called the legislation "shameful" and said it violated the constitutional protection against unreasonable searches.

Drugged Driving

California "Per Se" Drugged Driving Bill Dies in Committee. A bill that would have made the presence of tiny amounts of marijuana metabolites per se evidence of impaired driving was killed in the Assembly Public Safety Committee Tuesday. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Antioch), was opposed by California NORML, whose head, Dale Gieringer, called it "a solution in search of a problem."

Law Enforcement

Bogus Highway Drug Search Yields $100,000 Settlement for Star Trek Fan. A Star Trek fan returning home from a convention on I-70 Illinois when he was stopped and searched by a Collinsville, Illinois, police officer has settled a lawsuit against the department for $100,000. Terrance Huff, who is also a documentary filmmaker, sued over the stop. After the 7th US Circuit Court of Appeals refused to throw out the lawsuit, Collinsville settled. Click on the link for the whole juicy, sleazy story.

Colorado Bills That Would Have Removed Kids from Parents Suspected of Drug Use Die. The state Senate approved, but then rejected two bills that attempted to expand the definition of child abuse to include even attempts at drug use and/or possession. The bills were Senate Bill 177 and Senate Bill 178. They were opposed by a coalition of groups including the Drug Policy Alliance, the ACLU of Colorado, and National Advocates for Pregnant Women.

Prescription Opiates

FDA Defends Approval of Zohydro. FDA Commissioner Margaret A. Hamburg, MD, defended the agency's approval of the powerful opioid Zohydro ER (hydrocodone bitartrate) extended-release capsules, explaining that its highest dose is no more potent than the highest strengths of the opioid OxyContin ER (oxycodone) extended-release and extended-release morphine, in an FDA blog posted yesterday. Dr. Hamburg explained that with the drug approval, it is unlikely that opioid prescribing will change significantly or use by patients with pain. Zohydro ER is approved for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate. "Addressing the opioid crisis by focusing on a single opioid drug will simply not be effective," she stated. "Instead we must focus our collective attention and energy on the key drivers of the problem, which include excessive prescribing, illegal activity by a small number of providers, improper disposal of unused medications, and insufficient prescriber and patient education."

Sentencing

California Fair Sentencing Act to Eliminate the Disparities Between Crack and Powder Cocaine Sentencing Passes its First Committee. The California Fair Sentencing Act (Senate Bill 1010), authored by Senator Holly Mitchell (D-Los Angeles), passed its first hurdle in the Senate Committee on Public Safety by a 4-2 vote. The bill will correct the disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has resulted in a pattern of racial discrimination in sentencing and incarceration in California. SB 1010 now moves on to the Appropriations Committee.

Bill to Up Meth Trafficking Penalties Passes New York Senate. The state Senate Monday passed legislation, cosponsored by Senator David J. Valesky (D-Oneida), that would increase the penalties for manufacturing methamphetamine. The measure, Senate Bill 3639, increases sentences by moving various meth manufacture and distribution offenses up one notch on the state's felony crime sentencing scheme.

International

OAS Drug Commission Meeting Underway. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) yesterday inaugurated its 55th Regular Session where it discussed, among other issues, policies related to micro-trafficking and the agenda of the Special General Assembly the hemispheric institution will hold in September in Guatemala, which will be dedicated exclusively to the Global Drug Problem in the Americas. The agenda of the CICAD meeting also includes discussions on alternatives to incarceration for drug dependent offenders and others in conflict with the law for reasons related to drugs, and the challenges and impacts surrounding the regulation of cannabis, with special attention to initiatives of this type in some States of the United States, as well as Uruguay. The meeting takes place between today and Thursday, May 1 at OAS headquarters in Washington, DC, and is being chaired by Colombia. Click on the link for more details.

Singapore Bans New Synthetic Drugs Effective Tomorrow. Synthetic drugs that mimic the effects of controlled drugs like methamphetamine and heroin, will become illegal and attract the same penalties beginning May 1. While it is now legal to possess these drugs, the Central Narcotics Bureau (CNB) has the power to seize them to restrict their circulation. There are currently 11 types of compounds under the Fifth Schedule of the Misuse of Drugs Act, with over a hundred specific examples listed. Beginning in May, drugs listed under the Fifth Schedule will then be re-classified as Class A controlled drugs. This means that those convicted of abusing them may be jailed up to 10 years and fined up to S$20,000. Those found guilty of trafficking such substances will face a minimum of five years' jail and five strokes of the cane.

US Spent $7.5 Billion to Stop Afghan Opium, Got Squat, New Report Says. A new report from Washington's Afghanistan war watchdog has found that the US spent $7.5 billion in efforts to reduce Afghan opium cultivation, but that opium cultivation there is at an all-time high. The report is the latest quarterly report from the Special Inspector General for Afghanistan Reconstuction. Opium-poppy cultivation takes up 209,000 hectares (516,230 acres) of land in Afghanistan, a 36% increase since 2012. Afghanistan is by far the world's largest opium producer.

Chronicle AM -- April 28, 2012

Medical marijuana continues to be contested terrain, a legalization bill gets a hearing in Boston, hemp is on the move in Hawaii and New York, New Zealand cracks down on its regulated synthetic drugs, and more. Let's get to it:

New Zealand is taking regulated synthetic drugs off the shelf until they can be proven "low risk." (wikipedia.org)
Marijuana Policy

Colorado Bill Would Seal Past Marijuana Convictions. Marijuana convictions that predate current Colorado law could be sealed under a bipartisan proposal being floated inside the Capitol -- a move that could potentially impact thousands of Coloradans. The proposal, sponsored by Sens. Jessie Ulibarri (D-Westminster) and Vicki Marble (R-Fort Collins), allows anyone convicted of a marijuana offense that would now be legal under Amendment 64 to have their records sealed. Also, a draft of the bill says that a person convicted of "any other marijuana offense" beyond the scope of Amendment 64 would also be allowed to file a petition with a district attorney to have their record sealed. If the district attorney does not object, the court would then be required to seal the conviction record.

Massachusetts Legislators Hear Legalization Bill. The Joint Committee on Judiciary held a well-attended and well-covered hearing on a marijuana legalization measure, House Bill 1632, Thursday. No vote was taken.

Medical Marijuana

Arkansas Medical Cannabis Act Initiative Goes Signature-Gathering. Hundreds of Arkansans volunteered over the weekend to collect signatures for the Arkansas Medical Cannabis Act in more than 50 locations across the state. They need to collect more than 62,000 valid voter signatures by July 7 to qualify for the November ballot.

Florida Sheriffs to Fight Medical Marijuana Initiative. Florida law enforcement authorities are set to begin a public awareness campaign to fight the effort to legalize medicinal marijuana, a question that will be put to voters in November. This winter, the Florida Sheriff's Association sent sheriffs across the state an email asking for their support of a resolution opposing the legalization of marijuana. A vast majority of the 67 sheriffs was in favor of fighting against any effort to legalize pot. That's a shocker.

Iowa Federal Marijuana Patients in Danger of Losing Access After Their Doctor Leaves the State. Two of the last remaining federal marijuana patients are facing a bleak future as a result of their physician relocating to another state. Patients Out of Time is issuing an urgent request for a Midwestern physician to come forward and help these individuals. No physicians in Iowa have stepped up so far. The patients, Barbara Douglass and George McMahon, are two of four remaining recipients of federal marijuana for medical purposes under the now defunct Compassionate IND program. For further information please call All Byrne of Patients Out of Time, (434) 263-4484, or email at al@medicalcannabis.com.

Montana Medical Marijuana Supporters Protest at Businesses Owned By Sponsor of Proposed Anti-Marijuana Initiative. Supporters of medical marijuana protested outside two of the businesses co-owned by the sponsor of a proposed initiative that would make all marijuana illegal in Montana. About 100 people demonstrated outside Rimrock Subaru and Rimrock KIA in Billings on Saturday. Steve Zabawa, a partner with the Rimrock Auto Group, is sponsoring an initiative that would "eliminate the disparity between federal law and state law." The potential law would make any drug on Schedule One of the Federal Controlled Substances Act illegal in Montana.

Pennsylvania Legislator and Parents of Sick Kids Plan Sit-In at Governor's Office. Sen. Daylin Leach (D-Montgomery County) and parents of sick children said Monday they have asked repeatedly to meet with Gov. Tom Corbett (R) to have a meaningful discussion about his opposition to a medical marijuana bill, Senate Bill 770. Now, after Corbett continues to stonewall their requests, Leach and family members said they will sit-in at Corbett's office until a meeting is scheduled. "If the governor chooses to forcibly remove sick children and the parents of those children, that is up to him. But we will not voluntarily leave until a meeting is scheduled," Leach said.

Rhode Island Cops Want to Amend Medical Marijuana Law for "Public Safety" Reasons. Law enforcement officials are pushing to amend Rhode Island's medical marijuana law to address what they say are public safety problems, but patient advocates say the changes would jeopardize access to medicine. The attorney general's office and municipal police chiefs say some licensed cardholders are growing excess amounts of marijuana under a program with inadequate oversight and some caregivers and patients have become targets of home invasions. House Bill 7610, sponsored by Rep. Lisa Tomasso (D-Coventry), would reduce the number of plants patients could grow from 12 to three and add more oversight by the Department of Health. The bill had a hearing earlier this month in the House Judiciary Committee, but no vote was taken.

Hemp

Hawaii Hemp Bill Passes Legislature. Last week, Hawaii legislators approved a bill that will focus on the study of hemp as a biofuel feedstock and phytoremediation resource. The bill, House Bill 1700, authorizes the dean of the College of Tropical Agriculture and Human Resources at the University of Hawaii-Manoa to establish a two-year industrial hemp remediation and biofuel crop research program. It does have quite a few strict stipulations to prevent undesired consequences.

New York Hemp Bill Introduced. Growing industrial hemp for research purposes would be legal in New York under a bill proposed last week by a pair of Southern Tier lawmakers. An amendment to the federal farm bill this year allowed for hemp research programs in states that allow industrial hemp growth. The New York bill, Senate Bill 7047 is sponsored by Assemblywoman Donna Lupardo (D-Endwel), and Sen. Tom O'Mara (R-Big Flats).

Drug Policy

Big Congressional Drug War Hearings This Week. This week, both chambers of Congress will hold major hearings on the drug war. On Tuesday, April 29, at 10:00am there will be joint subcommittee hearing entitled "Confronting Transnational Drug Smuggling: An Assessment of Regional Partnerships," held by the House Foreign Affairs Subcommittee on the Western Hemisphere and the Committee on Transportation and Infrastructure's Subcommittee on Coast Guard and Maritime Transportation. These Committees will hear from General John F. Kelly, USMC Commander of Southern Command, at the Department of Defense, and Luis E. Arreaga Deputy Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs, at the Department of State. On Wednesday, April 30, at 10:00am, the Senate Judiciary Committee will hold a hearing entitled, "Oversight of the Drug Enforcement Administration." The sole witness is the head of the Drug Enforcement Administration (DEA), Administrator Michele M. Leonhart. Click on the link for more details.

Drug Testing

Georgia Leaders Consider Expanding Drug Testing of Public Benefits Recipients. Gov. Nathan Deal (R) said Monday he was exploring a plan that would require drug tests those who apply for unemployment benefits, and would set aside funding for treatment programs if they fail. The move would require legislative approval in 2015 as well as signoff by the US Department of Labor. He also hinted he would sign House Bill 772, which would require drug testing for some food stamp recipients. He said he believes it strikes a "delicate balance" between helping the neediest and protecting taxpayer dollars, though he would not say definitively whether he would sign the measure into law. He has until Tuesday to decide.

International

New Zealand Backpedals on Regulating Synthetics; Will Pull Drugs Off Shelves Until Proven Safe. All synthetic drugs will be pulled off the shelves within two weeks until individual testing has proven each brand is "low-risk," the government has announced. Citing reports of severe adverse reactions and the government's inability to determine which of the regulated synthetics are causing them, Associate Health Minister Peter Dunne said he would introduce emergency legislation to remove the remaining 41 allowed synthetics from store shelves until they are tested. "I will bring to Parliament amending legislation to put this measure in place, to be introduced and passed through all stages under urgency on May 8 and come into force the day after receiving the Royal Assent," he said.

Israeli MP Admits Regularly Smoking Marijuana. Meretz lawmaker Tamar Zandberg said she occasionally smokes marijuana, which is illegal, in an interview Friday. Zandberg is one of the most outspoken proponents of legalizing cannabis in the Knesset, together with MK Moshe Feiglin (Likud Beytenu), who says he has never used the drug. "Like everyone else, I smoke sometimes. I'm not a criminal and I'm not a delinquent," she said.

Poppies Bloom in Egypt's Sinai. A sharp slump in tourism is rippling across the southern Sinai, where resorts catering to foreigners line the Red Sea coast, and as a result, Bedouins are turning to the opium poppy to make a living. The Christian Science Monitor has an in-depth report; just click on the link.

Mexican Vigilantes Must Turn in Weapons By May 10. Mexican authorities and leaders of the self-defense groups who have been battling the Caballeros Templarios (Knights Templar) drug cartel in the western state of Michoacan for more than a year have signed an agreement spelling out the timetable for the militias to disarm. The self-defense groups must begin surrendering their guns, which include AK-47 and AR-15 assault rifles, on Monday and completely disarm by May 10, officials said. The militia leaders inked the disarmament deal Friday in a meeting at the headquarters of the 43rd Military Zone in Apatzingan, Michoacan, the largest city in the crime-ridden Tierra Caliente region.

Brazil Marchers Demand Legalization. Brazilian police said about 2,000 people gathered in downtown Sao Paulo Saturday in a demonstration demanding the legalization of the production and sale of marijuana in Latin America's largest country. Several of the demonstrators were smoking marijuana cigarettes while carrying posters reading "Legalize Marijuana Now," and "Marijuana is Medicine." Police say the demonstration was peaceful. No arrests have been reported.

Chronicle AM -- April 23, 2014

There's news on the marijuana legalization initiative front, decrim dies in New Hampshire, pot sentencing reform dies in Alabama, Illinois patients can keep their guns, drugged driving and reproductive rights make news, too. And more. Let's get to it:

Former drug offenders will have their voting rights restored in Virginia, thanks to Gov. Terry McAuliffe (D). (wikipedia.org)
Marijuana Policy

Alaska Legalization Vote Pushed Back to November. A ballot initiative that could make Alaska the third US state to legalize recreational marijuana will go before voters in a general election in November rather than in August as previously scheduled, officials said on Monday. Alaska ballot initiatives typically go before voters in primary elections. But a lengthier-than-normal state legislative session this year forced the change because, under state rules, initiatives must go to voters no less than 120 days after the end of a session.

New Approach Oregon Legalization Initiative Gets Another Big Bucks Donation. The Drug Policy Action Network, the political arm of the Drug Policy Alliance, has given $100,000 to the New Approach Oregon legalization initiative campaign. That's the second $100,000 in a week for the initiative, which has just commenced its signature-gathering phase.

Total Marijuana Ban Initiative Proposed in Montana. A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure last week. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana."

No Decriminalization for New Hampshire This Year. Criminal penalties for possessing small amounts of marijuana will not change, after the Senate refused to consider a House-passed bill. Under House Bill 1625, the penalty for having an ounce or less of marijuana or hashish would have been the same as a traffic ticket, and it would have lowered the penalties for growing less than six marijuana plants. The bill passed the House by a better than two-to-one margin, but the Senate refused to accept the bill. It had killed a nearly identical bill last session.

Louisiana to Retain Harsh Marijuana Penalties. The Senate Judiciary Committee voted Tuesday to kill a bill that would reduce the state's marijuana penalties, some of the harshest in the country. Senate Bill 323 would have made simple possession a misdemeanor punishable by no more than six months in jail. Under current law, repeat pot possession offenders can be jailed for up to 20 years. The measure failed on a 4-3 vote.

Medical Marijuana

Florida Limited CBD Medical Marijuana Bill Wins House Committee Vote. A bill to allow patients suffering from seizures or severe pain to use high CBD cannabis oil has passed the House Judiciary Committee. House Bill 843 passed the committee 15-3 and now heads for a House floor vote.

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) last week signed into law Assembly Bill 726, which allows the use of CBD cannabis oil to treat severe seizures in children.

Illinois Medical Marijuana Patients Can Keep Their Guns. Illinois regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

Drugged Driving

Arizona Supreme Court Rules Presence of Marijuana Metabolite Not Sufficient to Prove Impaired Driving. The state's high court ruled Tuesday that motorists with a secondary marijuana metabolite in their system cannot be charged with a DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment. The state had argued that even the presence of metabolites in the urine of users was sufficient for a conviction, but the high court said "this interpretation would criminalize otherwise legal conduct" and "leads to absurd results." The case is Arizona v. Shilgevorkyan.

Michigan Bill Would Allow Police to Saliva Test for Drugs During Traffic Stops. The House Judiciary Committee is considering a package of bills related to drugged driving, including one, House Bill 5385, that would allow police to include saliva testing through a mouth swab. The measure is opposed by medical marijuana advocates, who raised concerns about the accuracy of the tests. The committee will continue taking testimony on the bills, which would also allow for police officers to confiscate driving licenses and issue temporary permits for drugged drivers as they do for suspected drunk drivers now.

Reproductive Rights

Tennessee Legislature Passes Bill Criminalizing Pregnant Women for Drug-Related Harm to Fetuses. A bill that holds women criminally accountable for illegal drug use during pregnancy, with punishments of up to 15 years in prison, passed the legislature last week. Senate Bill 1391 punished drug-using women if their babies are stillborn or born addicted or otherwise harmed. Gov. Bill Haslam (R) has 10 days to decide whether to sign it into law.

Alabama Supreme Court Rules That Women Can Be Charged With Chemical Endangerment if They Become Pregnant and Use a Controlled Substance. The state Supreme Court last Friday upheld the conviction of a woman who gave birth to a baby that tested positive for cocaine, even though the infant was healthy. In so doing, the court upheld the state's 2006 chemical endangerment law and held that the word "child" in the law includes fertilized eggs. The case is Ex Parte Sara Jane Hicks. Alabama and South Carolina are the only states that authorize the prosecution of pregnant women for drug use, although as we see above, Tennessee could soon join them.

Prescription Drugs

Oklahoma Senate Approves Bill Adding Prescription Drugs to Drug Trafficking Law. The Senate Monday approved a bill adding four additional drugs to the state's Trafficking in Illegal Drugs Act. The measure, House Bill 2589, adds morphine, oxycodone, hydrocodone and benzodiazepine to the list of controlled substances in the act. Individuals convicted under the act would receive a minimum of 10 years, which is twice the prison term for possession of these substances. The bill is supported by the Oklahoma Bureau of Narcotics. It has been amended and will return to the House of Representatives for reconsideration.

Opiate Pain Relievers

FDA Panel Recommends Against Approving Dual Opioid Medication. An advisory panel of the Food and Drug Administration (FDA) voted Tuesday against approving a combination morphine-oxycodone painkiller. The drug, Moxduo, would be the first medication to combine both opioids in one capsule. Moxduo's manufacturer, QRxPharma, says the drug is intended to provide faster relief from moderate to severe pain, with fewer side effects than currently available opioids. The panel voted unanimously against approving it, concluding that QRxPharma had not proved the drug is less likely to cause potentially life-threatening respiratory suppression, compared with taking oxycodone or morphine alone.

Search and Seizure

US Supreme Court Upholds Vehicle Stops Based on Anonymous Tip. An unusually divided Supreme Court ruled Tuesday that an anonymous 911 phone call reporting a reckless driver justified a traffic stop that led to a marijuana. The 5-4 decision saw Justice Antonin Scalia side with the court's liberal minority, but Justice Stephen Breyer's vote gave the conservative majority the win. The case is Navarette v. California. The ruling means police need not corroborate anonymous reckless driving tips before stopping a vehicle.

Voting Rights

Virginia Governor to Restore Voting Rights for Drug Offenders. Virginia Gov. Terry McAuliffe (D) announced Friday that he will immediately restore voting rights to anyone who has completed their sentence for a drug offense, and reduce the waiting period for other violent felonies from five years to three. Virginia is one of four states that ban all ex-felons from voting for life unless they receive clemency from the governor. But governors in these states can take executive action to alter the policies on these felons.

International

Sinaloa Cartel Losing Ground in Ciudad Juarez, Stratfor Analyst Says. The Carrillo Fuentes drug-trafficking organization, with its enforcement arm La Línea, is moving to regain the El Paso-Juárez corridor from the Sinaloa cartel, whose power in Juarez is eroding quickly, according to a terrorism and security analyst from the Texas-based private intelligence firm Stratfor. Click on the link for more details.

US Supreme Court Rejects Florida Drug Testing Appeal

The US Supreme Court Monday declined to review a lower court ruling that found Florida Gov. Rick Scott's (R) plan to randomly drug test state employees unconstitutional.

US Supreme Court
The decision by the nation's highest court means that the ruling by the 11th US Circuit Court of Appeals finding the plan unconstitutional stands.

The drug test-happy governor had issued an executive order in March 2011 directing all state agencies to drug test new hires and randomly test current employees. But that order was challenged by the American Federation of State, County, and Municipal Employees Council 79, representing state workers.

The union argued that random drug testing was a violation of the Fourth Amendment's proscription against unreasonable searches and seizures. In its decision, the 11th Circuit generally agreed with the union, finding the suspicionless drug tests unconstitutional, but also ordered the state and the union to determine which state employees could be subjected to such testing.

The legal proscription on drug testing state employees is not complete. There are exceptions for some public safety and law enforcement workers.

But Gov. Scott's ambitious plan to foist drug testing on all state workers without cause has been squashed.

Chronicle AM -- April 17, 2014

Marijuana legalization initiatives are in the news, the NCAA ponders relaxing marijuana penalties, a vaporizer company wants to drug test its workers, and more. Let's get to it:

Marijuana Policy

New Approach Oregon Legalization Initiative Starts Signature-Gathering. Signature gathering began today for the New Approach Oregon legalization initiative. Backers need 87,213 valid voter signatures by July 3, and they say they are confident they will get them. Another initiative, Paul Stanford's Oregon Cannabis Tax Act initiative, is already in the midst of signature-gathering.

New Approach Oregon Legalization Initiative Gets $100,000 Donation from Fragrance Heir. Henry van Ameringen, heir to a fragrance fortune, has donated $100,000 to the New Approach Oregon legalization initiative.

Alaska Legalization Initiative Campaign Challenges Opponents. In a Wednesday morning press conference, supporters of the Campaign to Regulate Marijuana Like Alcohol in Alaska stood outside a downtown Anchorage office building with a giant novelty check written out to "No on 2/ Project S.A.M." for $9,015 -- the same amount of money the alcohol lobby donated to former Rhode Island Rep. Patrick Kennedy during his time in office. Kennedy is the cofounder of Smart Approaches to Marijuana, a national group that opposes marijuana legalization. The event served as a challenge to opponents of the Alaska measure -- a group collectively known as "Big Marijuana. Big Mistake. Vote No On 2" -- to show the public the science proving that marijuana is more dangerous than alcohol.

Rhode Island House Panel Hears Legalization Bill. The House Judiciary Committee heard testimony Wednesday on a marijuana legalization bill. The measure, House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. The committee took no action. Click on the link to get the flavor of the testimony.

NCAA Ponders Reducing Penalties for Athletes Who Test Positive for Pot. The NCAA is mulling a proposal to reduce the penalty for a student-athlete's positive marijuana test from a full-season suspension to a half-season, according to CBSSports.com. The site's senior college football columnist, Dennis Dodd, reported that the idea, which is likely to be approved, reflects the association's view that marijuana use is not performance enhancing.

Medical Marijuana

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) has signed Assembly Bill 726, which would allow the limited use of CBD cannabis oil as a treatment for seizures.

Major Medical Marijuana Industry Company Announces Drug Testing Program, But Not for Pot. OPenVAPE, a vaporizer manufacturer that bills itself as "the nation's largest cannabis brand," announced today that it will begin a drug testing program for employees. But the company won't test for the drug its products are designed to be used with; instead, it will only test for "dangerous drugs." Click on the link to read their press release.

Sentencing

Drug Policy Alliance Intervenes in Case of Louisiana Man Doing 13 Years for Two Joints. The Drug Policy Alliance has filed an amicus brief with the Louisiana Supreme Court in the case of Bernard Noble, who is serving 13 years in prison for marijuana possession. "Thirteen years in prison for two joints is obscene," said Daniel Abrahamson, the lead author of the brief for the Drug Policy Alliance. "The punishment is so far out of proportion to the conduct that we really can't call it 'punishment' -- it is more like torture." Louisiana has some of the toughest drug laws in the nation.

Chronicle AM -- April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol. The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD. But it doesn't do anything for other medical marijuana patients.

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries. The new law, however, only allows the moratoriums to stay in place for one year. The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas.

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda's Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles. Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society's remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Chronicle AM -- April 7, 2014

Talk about unintended consequences! Faced with a declining US market share, Mexican marijuana farmers are switching to opium poppies. Plus, AG Holder has some words about rescheduling, the Maryland decrim bill is back from the dead, it looks like 2016 for California legalization, and more. Let's get to it:

With declining US market share, Mexican marijuana farmers are switching to poppies. (unodc.org)
Marijuana Policy

Holder Says Obama Administration "Willing to Work" With Congress to Reschedule Marijuana. Attorney General Eric Holder said Friday that the Obama administration would be willing to work with Congress if lawmakers want to reschedule marijuana. Holder did not mention that the administration, and he personally, already have the statutory authority to reschedule marijuana, without needing further permission from Congress. Either way, recategorizing marijuana would not legalize the drug under federal law, but it could ease restrictions on research into marijuana's medical benefits and allow marijuana businesses to take the usual tax deductions, e.g. not pay taxes on money that has been paid out for things like rent or payroll. "We'd be more than glad to work with Congress if there is a desire to look at and reexamine how the drug is scheduled, as I said there is a great degree of expertise that exists in Congress," Holder said during a House Appropriations Committee hearing. "It is something that ultimately Congress would have to change, and I think that our administration would be glad to work with Congress if such a proposal were made." 

Okay, There Will Be No California Legalization Initiative This Year. Proponents of the last two California marijuana legalization initiatives still alive this year have thrown in the towel. Dave Hodges, proponent of the Marijuana Control, Legalization & Revenue Act (MCLR) announced today that it will not meet an April 18 signature-gathering deadline, while Berton Duzy, proponent for the revived California Cannabis Hemp Initiative (CCHI), which has received a signature-gathering extension, conceded that "We're not going to make 2014." In California, it's now all eyes on 2016.

Maryland Decriminalization Returns from the Dead, Passes House. Defying a powerful committee chairman who tried to derail a decriminalization bill by turning it into a study bill, House delegates Saturday passed House Bill 879 by a vote of 78-55. Final procedural votes on both measures are expected today, the last day of the session.

Delaware Governor "Willing to Discuss" Softer Marijuana Penalties. Gov. Jack Markell (D) is "willing to discuss" changes that would reduce penalties for the possession of small amounts of marijuana, according to a spokesman for the governor. "The governor has supported making marijuana available for medical purposes and DHSS expects to license a dispensary that can open in Delaware this year," Markell spokesman Jonathon Dworkin said in a statement. "The governor is willing to discuss changing the penalty for possession of small amounts of marijuana from jail sentences to just fines, but he would not support full legalization at this time without further studies and evidence of its consequences."

Thousands Rally at Annual Ann Arbor Hash Bash. An estimated 8,000 people gathered at the University of Michigan in Ann Arbor for the 42nd annual Hash Bash over the weekend. Police warned that people who toked up could get arrested, but that didn't seem to stop anybody. As The Detroit Free Press noted, "the event's usual plume of smoke hung over the crowd."

University of Colorado Will Close the Campus Again for 4/20. University of Colorado officials will close the Boulder campus on April 20 for the third straight year to prevent thousands of celebrants from marking the stoner holiday on campus. From noon to 6:00pm on April 20, CU faculty, students and staff will be required to show identification to enter campus. Officials brushed aside student complaints.

Medical Marijuana

Washington State Appeals Court Upholds Local Ban on Collective Gardens. The Washington Court of Appeals last week upheld the city of Kent's ban on medical marijuana collective gardens, ruling that the ordinance is not preempted by state law. The case is Cannabis Action Coalition et al. v. City of Kent et al.

Hemp

Nebraska Governor Signs Hemp Research Bill. Gov. Dave Heineman (R) last week signed into law Legislative Bill 100, which allows University of Nebraska campuses to grow hemp for research purposes. This is the first such bill to pass since Congress authorized search research when it accepted a hemp amendment to the omnibus agriculture bill this fiscal year.

Drug Testing

Michigan Suspicion-Based Welfare Drug Testing Bill Polls Well. Suspicion-based drug testing for welfare recipients has broad support across Michigan, a new poll shows. The poll, conducted by Marketing Resource Group, finds that 77% of respondents support legislation that would require the Department of Human Services to test welfare recipients suspected of using drugs, then send recipients with positive tests to rehab. House Bill 4118 has already passed the House and Senate, but was amended in the latter chamber, so it still needs another House floor vote.

Law Enforcement

California Bill Would Create Zero-Tolerance DUID Law. A bill that would make the presence of any detectable amount of any controlled substance, including prescription drugs, evidence of drugged driving has been filed in the Assembly. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Solano) is before the Assembly Public Safety Committee.

Colorado Bill Would Make Mere Drug Possession Evidence of Child Endangerment. Under a bill introduced by state Sens. Andy Kerr (D-Lakewood) and Linda Newell (D-Littleton), the mere possession or use of illicit substances would be grounds for a claim of child endangerment. Senate Bill 178 was filed April Fools' Day, but it's no joke.

International

With Declining US Market Share, Mexican Farmers Switch from Marijuana to Opium. With the wholesale price of marijuana falling -- driven in part by decriminalization or legalization in sections of the United States -- Mexican drug farmers are turning away from cannabis and filling their fields with opium poppies, according to this lengthy article from The Washington Post. That means more, cheaper heroin for the US market. Pot farming "isn't worth it anymore," one farmer complained. "I wish the Americans would stop with this legalization." David Shirk, a Mexico researcher at the University of California at San Diego, told The Post, "When you have a product losing value, you diversify, and that's true of any farmer… The wave of opium poppies we're seeing is at least partially driven by changes we're making in marijuana drug policy."

Filipino Drug Warrior Mayor Issues Shoot-to-Kill Order for Cocaine Sellers. Davao City Mayor Rodrigo Duterte, a man never known for letting human rights get in the way of his war on drugs, has issued a shoot-to-kill order against anyone selling cocaine from eight bricks of the drug still missing after police seized 64 of the one-pound packages. "Once they go out and use or sell them, they will become drug lords. I have a shoot-to-kill order, especially if they resist arrest -- if they do that, we can enforce the shoot-to-kill," Duterte said.

Jamaican Marijuana Growers Association Is Launched. A group of influential Jamaicans gathered Saturday to formally launch an association of supposed future marijuana cultivators as momentum builds toward loosening laws prohibiting pot on the Caribbean island. Some 300 people assembled at a conference center in downtown Kingston to officially launch the Ganja Future Growers and Producers Association. Among other things, the group will lobby for creation of a regulated cannabis industry on the tropical island famed for its marijuana cultivation. The government has been making some promising noises about medical marijuana and decriminalization, but there is nothing definite so far.

Chronicle AM -- April 4, 2014

Cops like to say they don't make the laws; they merely enforce them, but that wasn't exactly the case today in Louisiana, Oregon, and Washington, DC. Plus, decrim has a last hurrah in Maryland, an Alabama welfare drug testing bill passes, Vermont moves against the new pain reliever Zohydro, and more. Let's get to it:

Politicians worry about the dangers of Zohydro, but they have little to say about its benefits.
Marijuana Policy

Maryland Legislators Try to Revive Decriminalization Bill Today. An effort was underway in Annapolis Friday to revive a decriminalization bill just days after it was scuttled in committee. The effort to revive House Bill 879 is being led by members of the Legislative Black Caucus, who will try to amend the bill on the House floor. It was turned from a decriminalization bill to a study bill earlier this week in the House Criminal Justice Committee, chaired by reform foe Rep. Joe Vallario (D-Prince Georges).

Louisiana Marijuana Sentencing Reform Bill Derailed. Rep. Austin Badon (D-New Orleans) has pulled his measure to soften marijuana penalties from consideration in the House Criminal Justice Committee after testimony by the head of the Louisiana Sheriffs Association. Association executive director Michael Ranatza said sheriffs fear the bill, House Bill 14, could lead to decriminalization of marijuana. Louisiana has some of the harshest marijuana laws in the country.

Oregon State Police Withdraw from Anti-Marijuana Summit. The Oregon State Police have withdrawn from an anti-marijuana conference scheduled for later this month after the police superintendent learned the event is closed to the public. OSP was listed as a cosponsor of the summit, which includes sheriffs from Malheur and Yamhill counties, a Medford police official and law enforcement officials from Colorado, Washington and Arizona, as well as anti-drug reform groups such as Drug Watch International, Save Our Society from Drugs, and the Drug Free America Foundation.

Medical Marijuana

Ammiano Reintroduces California Medical Marijuana Regulation Bill. San Francisco Assemblyman Tom Ammiano (D) has reintroduced his medical marijuana regulation bill. The new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut Picks Locations for Six Dispensaries. Locations for Connecticut's six medical marijuana dispensaries have been selected, the state Consumer Protection Commissioner said Thursday. The facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville were authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

Drug Testing

Labor Department Says Texas Can't Make Drug Tests a Condition for Receiving Unemployment Benefits. The US Labor Department has ruled that Texas cannot enforce a law passed by the Legislature in 2013 which makes passing a drug test a requirement for some workers to get and keep unemployment compensation benefits. The law was watered down by the legislature to cover only people who are in professions where drug testing is a requirement, like truck driving and nursing. The feds say the law as it is written is too vague and it is unclear exactly what workers will qualify.

Alabama Legislature Approves Welfare Drug Testing Bill. The legislature has approved a bill that would require welfare applicants who have a drug conviction in the last five years to undergo drug testing before receiving benefits. People could keep their benefits after one positive drug test. After a second positive, the person would be ineligible for one year. The recipient would be permanently ineligible after a third positive drug test. Senate Bill 63 now goes to the desk of Gov. Robert Bentley (R).

Harm Reduction

FDA Approves Innovative New Device to Reverse Opiate Overdose. The Food and Drug Administration has approved Evzio, a handheld device containing naloxone, designed for lay people to use outside of hospital settings. When activated, the device will give verbal instructions about how to use Evzio to deliver the medication.

Prescription Opiates

Vermont Issues Emergency Rules to Restrict Access to Zohydro. Gov. Peter Shumlin (D) and state officials announced Thursday that Vermont is moving to restrict access to the new opiate pain reliever Zohydro, the first single-ingredient hydrocodone drug approved for patients in the US. New emergency rules require that prescribers of Zohydro conduct a thorough medical evaluation and risk assessment. This is only the latest move against Zohydro, which was approved by the FDA last fall -- Massachusetts Gov. Deval Patrick (D) banned it outright earlier this week and a handful of congressmen have called for the FDA to reverse its decision. But Zohydro's maker, Zogenix, said the drug is no more potent than other hydrocodone medications. The company also says it has set up a board of experts to guard against abuse of the drug and that its sales representatives are not being paid based on the volume of sales, but rather on their efforts to ensure prescribers, pharmacists and patients are educated to understand the risks and benefits of extended-release opioids Politicians have been quick to raise the alarm about possible increases in addiction and overdose deaths with Zohydro, but they haven't been nearly as quick to talk about its usefulness in addressing the needs of legitimate pain patients.

Sentencing

Who Wants to Kill Sentencing Reform? No Surprises Here. The Huffington Post reports that law enforcement groups including the National Sheriffs' Association, the International Association of Chiefs of Police, the National Narcotic Officers' Associations' Coalition, the National Association of Police Organizations and the Major County Sheriffs' Association are quietly trying to kill a bipartisan bill that would roll back tough mandatory sentences for people convicted of federal drug offenses under legislation passed during the height of America's drug war three decades ago. The bill is the Smarter Sentencing Act (Senate Bill 1410), which passed the Senate Judiciary Committee in January. Click the title link for the full story.

New Report Shows Failure of Connecticut's Sentencing Enhancement Drug Free Zones. A new report from the Prison Policy Initiative finds that Connecticut's 1,500-foot sentencing enhancement zones are so pervasive that they blanket almost all urban areas, creating an "urban penalty" that increases the sentence imposed for a given offense simply because it was committed in a city rather than in a town. The report recommends the sentencing enhancement zones be shrunk to 100 feet. This would allow the law to actually create the specially protected places as intended. Connecticut Senate Bill 259, which just passed out of the Judiciary Committee, takes a similar approach and would decrease that size to 200 feet. The report is Reaching too far: How Connecticut's large sentencing enhancement zones miss the mark." You can read it by clicking on the title link.

Drug War Issues

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