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Chronicle AM -- January 28, 2014

The hemp amendment gets included in the farm bill, Colorado's Supreme Court will review medical marijuana patients' employment rights, we have a couple of drug war horror stories, Mexico's security apparatus is joining forces with anti-cartel vigilantes, Saudi Arabia's premarital drug testing program isn't working, and more. Let's get to it:

Destiny Hoffman sat in jail for 154 days after a drug court judge forgot about her. (Clark Co. Jail)
Marijuana Policy

New Poll Has Rhode Island Majority for Legalization. A Public Policy Polling survey conducted at mid-month has 53% of Rhode Island voters in favor of changing state law to regulate and tax marijuana like alcohol. Only 41% were opposed.

Wisconsin Marijuana Legalization Bill to Be Filed. State Rep. Melissa Sargent (D-Madison) is looking for cosponsors for a marijuana legalization bill. The bill, not yet filed, would allow adults to possess limited amounts of pot and create a system of regulated marijuana commerce.

Medical Marijuana

Colorado Supreme Court to Review Case of Fired Medical Marijuana Patient. The state Supreme Court announced Monday that it would review the case of Brandon Coats, a quadriplegic who was fired from his job for using medical marijuana on his own time. For the first time, the court will consider whether the state constitution gives residents a right to use medical marijuana. A state appeals court had ruled that patients don't have a right to use marijuana, and that employers can fire them for any marijuana use.

Georgia CBD Medical Marijuana Bill to Be Filed Today. State Rep. Allen Peake (R-Macon) was expected to file a bill today that would allow children suffering from epileptic seizures to use high-CBD cannabis oil. The bill has not appeared on the legislative web site as of this afternoon.

Hemp

Hemp Amendment Included in Farm Bill, Votes Coming Soon. Congressional negotiators have included an amendment allowing for research into the uses of industrial hemp in the omnibus farm bill. Votes in both houses of Congress are expected soon.

Drug Testing

Testing for Drugs of Abuse a Multi-Billion Dollar Industry. Thar's gold in them thar urine samples, and we're not talking about the color of the liquid within. According to a new research report from Transparency Market Research, the global market in testing for drugs of abuse was valued at $2.6 billion in 2012 and is expected to grow at an annual rate of 4.8%, reaching a value of $3.4 billion by 2018. The report notes that North America, including the US, is the largest market for drug testing, followed by the UK, Japan, Germany, and other European countries.

White House Okays Drug Testing Database Plan for Truckers. The White House's Office of Management and Budget Monday signed off on a Department of Transportation draft rule that would establish a central database for positive drug and alcohol tests for commercial driver's license holders. Such a move was required by the 2012 highway spending authorization bill. It would require the employers of CDL license holders to report positive test results and refusals to the central database. Previously, results were only disclosed by carriers to other carriers seeking employment verification.

Law Enforcement

Drug Dog Bites Off Part of Woman's Face. An Oklahoma woman suffered severe injuries after a police drug dog searching her vehicle lunged into her car and bit her in the face. Emily Newman had been pulled over for speeding when a Cherokee Nation marshal asked if he could have a drug dog sniff her vehicle. The officer took her to a nearby hospital, while another officer took a family member back to the scene to pick up a piece of her face left lying on the road. It was later stitched back on at the hospital. Police said unspecified drug charges are pending.

Drug Court Judge Forgets He Jailed Woman for 48 Hours; She Rots There for 154 Days. An Indiana woman sentenced to 48 hours in jail for having violated her drug court program sat there for more than five months because her judge failed to order her release. Emily Hoffman had provided a diluted drug test, and drug court Judge Jerry Jacobi ordered her "to be held until further order of the court." The order was done without a hearing or the presence of legal counsel. Hoffman rotted behind bars until a county prosecutor reviewing old cases noticed her and ordered her immediately released. Hoffman's attorney said a civil suit is likely.

International

New Zealand Labor Party Not Interested in Marijuana Decriminalization. The Labor Party has no intention of decriminalizing marijuana even as it courts the Green Party as a potential coalition partner after upcoming elections. The Greens have long called for decriminalization and reiterated that call this week, but only half-heartedly, making clear that the issue wouldn't be a deal-breaker in coalition negotiations.

Saudi Arabia Premarital Drug Testing A Flop, Health Ministry Says. A mandatory drug testing program for prospective brides and grooms has proven useless in determining addiction levels and thus determining marriage eligibility, a top Health Ministry official said. The testing program was made mandatory after reports of widespread drug use among Saudi youth, but the ministry found that "addicts" fooled the test by abstaining from using drugs before undergoing it. [Editor's Note: "Addicts" who are able to abstain from their drug at will sort of beggar the notion of addiction.]

Canada Supreme Court Rejects Random Drug and Alcohol Testing of Employees. In a decision Monday, the Canadian Supreme Court ruled that an arbitrator's decision striking down an employer's random alcohol testing program was reasonable. The company, Irving Pulp and Paper, had unilaterally imposed the testing program, and the employees' union challenged it. The case is Communications, Energy and Paper Union of Canada, Local 30 v Irving Pulp & Paper, Ltd.

Mexico Reaches Agreement with Vigilantes to Form Rural Police. Mexican authorities and anti-cartel vigilantes in the western state of Michoacan reached an agreement Monday that would turn the paramilitary forces into "rural police." The agreement is "the integration of citizen groups into institutional life," the interior ministry said, and requires the vigilantes to provide a list of their members and arms to be vetted by security forces. In return, the authorities will provide the new rurales with "the necessary tools for their communication, movement and operation." The vigilantes are at war with the Knights Templar Cartel; some, including Knights Templar members, have accused them of being a front for another cartel, New Generation Jalisco.

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

Chronicle AM -- January 16, 2014

Florida's medical marijuana initiative appears poised to qualify for the ballot (if it survives a challenge in the state Supreme Court), a new poll finds the country evenly split on marijuana legalization, Afghanistan was on the agenda in the Senate yesterday, and more. Let's get to it:

harvesting opium poppies in Afghanistan (unodc.org)
Marijuana Policy

ABC News/Washington Post Poll Has Americans Split on Marijuana. A new ABC News/Washington Post poll has support for marijuana legalization nationwide at 49%, with 48% opposed. The poll is in the same ballpark as other polls since the November 2012 elections, where support for legalization has ranged between 45% and 58%. Click on the link to see full poll results.

DEA Operations Chief Bemoans Marijuana Legalization Trend. DEA operations chief James Capra told a Senate committee Wednesday that marijuana legalization at the state level was "reckless and irresponsible" and could lead to dire consequences. "It scares us," Capra said, responding to a question. "Every part of the world where this has been tried, it has failed time and time again." [Editor's Note: No country had legalized marijuana until Uruguay did late last year, and that hasn't gone into effect yet. If Capra is referring to Amsterdam, where sales are tolerated, if not technically legal, cannabis coffee shops are now in their fourth decade of existence, and the problems associated with them are relatively trivial.] "There are more dispensaries in Denver than there are Starbucks," he continued. "The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It's a bad thing. This is a bad experiment. It's going to cost us in terms of social costs."

Missouri Marijuana Legalization Petitions Approved for Circulation. Secretary of State Jason Kander announced Wednesday that 13 marijuana legalization initiatives had been approved for signature-gathering. The bakers' dozen initiatives are all variations on a theme: legalize and regulate marijuana in Missouri. They were submitted by Columbia defense attorney Dan Viets, the chairman of the activist group Show-Me Cannabis. To make the November 2014 ballot, organizers must gather 157,778 valid voter signatures for at least one of them by May 4.

Maryland Coalition to Legalize Marijuana Launched. Maryland legislators Thursday launched an effort to get a marijuana legalization bill, the Marijuana Control Act of 2014, passed this year. They were joined at a press conference by members of the newly formed Marijuana Policy Coalition of Maryland, which includes the ACLU of Maryland, Law Enforcement Against Prohibition, the Maryland League of Women Voters, the Marijuana Policy Project, and the Maryland NAACP.

Medical Marijuana

Florida Initiative Campaign Has Gathered 1.1 Million Signatures. The folks behind the Florida medical marijuana initiative, United For Care/Patients United for Freedom, announced Wednesday night that they had gathered 1.1 million signatures, nearly half a million more than needed to qualify for the ballot. While all the signatures haven't been validated yet, organizers are now confident they will pass that hurdle. Now, they have to wait and see if the state Supreme Court is going to allow the effort to move ahead.

Washington Patients, Advocates Speak Out Against Bill That Would Gut Medical Marijuana System. The House Health Committee got an earful from medical marijuana advocates at a hearing Wednesday on House Bill 2149, which would eliminate cultivation cooperatives (and thus, dispensaries) by 2020 and reduce the amount of marijuana patients could possess and the number of plants they could grow. The bill mirrors many of the recommendations of the state Liquor Control Board, which is charged with implementing I-502 marijuana legalization.

Hemp

Indiana Hemp Bill Introduced. State Sen. Richard Young (D-Milltown) has introduced Senate Bill 357, which would allow the Department of Agriculture to license industrial hemp growing and production. The bill requires the department to get necessary approvals from the federal government, which has yet to approve any such production anywhere in the US.

Illinois Hemp Bill Seeks New Life in 2014. State Rep. Kenneth Dunkin (D-Chicago) introduced a hemp bill, House Bill 2668, last year, but it has languished in committee despite picking up some bipartisan support. He said Wednesday that he was cautiously optimistic that opposition may be softening, and the bill could move this year.

Heroin

Maine Heroin Deaths Up Fourfold from 2011 to 2012. The number of heroin overdose deaths in Maine quadrupled between 2011 and 2012, according to numbers released by state officials Wednesday. Officials said the increase was due to tightening restrictions on the use of prescription opiates, a cheap heroin supply, and, possibly, cuts in MaineCare. But while the increase was dramatic, the 28 heroin overdose deaths reported in 2012 is well below the 2005 peak of 43. In the years between 2005 and 2011, heroin deaths declined steadily.

Heroin Prevention Bill Package Passes Wisconsin Assembly. The State Assembly Wednesday passed the HOPE (Heroin Opiate Prevention and Education) package of four bills designed to reduce the number of overdose deaths in the state. Sponsored by Rep. John Nygren (R-Marinette), one bill would allow anyone to use naloxone to reverse overdoses, another would grant legal immunity to drug users who call for help in an overdose emergency, a third would allow communities to establish prescription drug drop-off points, and the fourth would require people to show ID when picking up prescription drugs. The naloxone and legal immunity bills are Assembly Bill 446 and Assembly Bill 447. The package now moves to the Senate.

Kratom

Oklahoma Wants to Ban Kratom, But Meets Resistance. The Oklahoma Bureau of Narcotics wants to ban the Southeast Asian herb kratom, which it calls "the legal form of heroin," but kratom fans are responding with dismay and disputing the narcs' assessment. Kratom is not a controlled substance under federal law, but narc Mark Woodward said he planned to ban it until it is federally proven to have medical benefits. Kratom users have started a petition to challenge efforts to ban Kratom.

Drug Courts

Study Finds Drug Courts Ignore Science When it Comes to Opiate Substitution Therapies. A small study of drug courts in New York state finds that their skeptical approach to opiate substitution therapies (OST), such as methadone and buprenorphine, can be a barrier to successful treatment. "Many courts do not respect medical consensus on scientifically sound treatment standards. Some courts included OST as part of court-mandated treatment options, while others allowed OST for a court-defined period of time as a bridge to abstinence. Still others showed intolerance and even disdain for anything having to do with methadone and buprenorphine, or -- as with the drug court in Albany County -- refused outright to admit people on methadone or buprenorphine treatment," the authors wrote. "Ordering people who are dependent on opioids to get off their prescribed methadone or buprenorphine medicines can force patients to seek out and become dependent on other opioids like prescription analgesics. Addiction to prescription opioids has been recognized as a priority problem by U.S. policy-makers, but drug courts may be exacerbating it."

Search and Seizure

ACLU Sues Border Patrol Over Interior Border Check Point Searches. The American Civil Liberties Union (ACLU) has filed suit against the Border Patrol, claiming its agent routinely violate the constitutional rights of local residents by stopping and searching them at interior checkpoints on highways near the border. In a 1976 ruling, the US Supreme Court ruled that immigration checkpoints were permissible if the stops were brief, involved "a limited enquiry into residence status," and a visual inspection of the exterior of the vehicle. "But that's not what's happening here," said ACLU attorney James Duff Lyall in Tucson. He said the cases mentioned in the lawsuit provide strong indications that the Border Patrol is using the checkpoints for general crime control, "which the courts have said is not acceptable for a checkpoint. The same thing is happening over and over again to many border residents," Lyall said. "They're going on fishing expeditions where there's no reasonable suspicion."

International

Afghan Drug Situation "Dire," Federal Auditor Tells Senators."The situation in Afghanistan is dire with little prospect for improvement in 2014 or beyond," Special Inspector General for Afghanistan Reconstruction John Sopko told the Senate Caucus on International Narcotics Control Wednesday. Poppy cultivation is at record levels and the drug trade now accounts for 15% of Afghan GDP, Sopko said.

US to Help Afghanistan With Drug Problem, State Department Official Tells Senators. At the same hearing mentioned in the story above, Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield vowed the US would remain committed to helping Afghanistan fight drug production and trafficking even after US and NATO troops pull out at the end of this year. "We will continue to ensure our counternarcotics programs are well integrated with broader US efforts, including assistance programs aimed at supporting a vibrant legal economy," he testified Wednesday. "The expanding cultivation and trafficking of drugs is one of the most significant factors putting the entire US and international donor investment in the reconstruction of Afghanistan at risk," he said.

Chronicle AM -- January 15, 2014

As the legislative season gets underway, bills are being introduced all over the place -- good, bad, and ugly. And there's trouble in Mexico, peace talks in Colombia, and more. Let's get to it:

The FARC are negotiating peace and coca crop reductions in Colombia.
Marijuana Policy

Washington State Bill Would Ban Local Bans on Marijuana Businesses. A bill introduced Tuesday with 10 cosponsors would essentially bar local governments from banning pot businesses by requiring them to cooperate with state regulators in allowing marijuana stores, grows, and processing facilities to operate. Under House Bill 2322, local governments would have to treat licensed marijuana enterprises the same as any other business that attempts to locate within their boundaries. They'd be barred from adopting zoning or other regulations that impede the establishment of pot businesses. Another measure, House Bill 2144, would offer a carrot to localities by giving them 30% of the state's excise tax on marijuana sales.

New Hampshire Governor Would Veto Legalization Bill. New Hampshire Gov. Maggie Hassan (D) said Tuesday that she would veto a pending marijuana legalization bill because she thinks it would send the wrong message to the state's youth. The House is voting on the bill today.

Missouri Marijuana Decriminalization Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill to decriminalize the possession of small amounts of marijuana. The bill is House Bill 1325. Click on the link to find it on the legislative web site.

Rhode Island Legalization Proponents Form Coalition. And then there was Regulate Rhode Island. Click on the link to check out the new coalition and its web site.

Medical Marijuana

Missouri Medical Marijuana Pilot Program Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill that would allow for the use of medical marijuana. The bill is House Bill 1324. Click on the link to find it on the legislative web site.

Florida Initiative Campaign Passes Million-Signature Mark. The People United for Medical Marijuana campaign to put a medical marijuana initiative on the November ballot passed the million-signature mark this past weekend, campaign director Ben Pollara said. The group needs 683,000 valid voter signatures to qualify for the ballot -- if the state Supreme Court allows it. The initiative has been challenged by state Attorney General Pam Bondi (R).

Medical Marijuana Bill Filed in Pennsylvania. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have introduced a bill to legalize medical marijuana in Pennsylvania. The filing of the bill, Senate Bill 1182, marks the first time such a measure has been introduced with bipartisan support.

Kentucky Senate Committee Holds Medical Marijuana Hearing. The Senate Health and Welfare Committee is holding a public hearing today on medical marijuana, although the committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one medical marijuana bill, Senate Bill 43, has already been filed.

Drug Testing

Mississippi Welfare Drug Testing Bill Passes House Committee. A divided House Public Health and Human Services Committee Tuesday approved a bill that would require some welfare recipients to undergo drug tests. House Bill 49 would require new recipients to be assessed to see whether there was a high probability they were using drugs, and if so, to undergo a drug test. It was expected to go to a full House vote today.

Florida Governor Appeals Federal Court Ruling on State Employee Drug Testing. Gov. Rick Scott (R) Monday asked the US Supreme Court to rule on the constitutionality of a drug testing policy aimed at state employees. The 11th US Circuit Court of Appeals last year found the measure unconstitutional. Since taking office in 2011, Scott has made a high-profile issue of requiring drug tests for state employees and welfare recipients. But federal courts have ruled against him on both issues, as opponents have argued that government drug tests violate the Fourth Amendment ban on unreasonable searches and seizures.

Arizona Unemployment Benefits Drug Testing Bill Filed. Republican Reps. Phil Lovas and David Livingston and Republican Sen. Judy Burges have filed a bill that would require people seeking unemployment benefits to undergo drug screening, with drug testing mandated for those who appear likely to be using drugs. The bill, House Bill 2030, is similar to one passed in Texas last year, but put on hold because the federal Department of Labor has yet to determine which professions regularly require drug testing.

International

Colombia's FARC Presents Plan for Reducing Coca Cultivation. Colombia's FARC guerrillas, now in peace talks with the Colombian government in Havana, have presented a plan to reduce coca cultivation. The plan calls for demilitarizing the countryside and suspending aerial spraying of coca crops. Negotiations to end the country's 50-year-old insurgency have been going on for months and will continue.

Mexican Soldiers Meet Resistance in Bid to Disarm Vigilantes. Anti-cartel vigilantes in Michoacan offered up fierce resistance Tuesday as soldiers began trying to disarm the groups, which have taken control of a number of towns in the agricultural west-central Mexican state. Vigilantes said four people were killed in confrontations with the army; the army said one. The vigilantes said they would not give up their weapons until the government arrested top leaders of the Knights Templar cartel, which is based in the state and headquartered in the town Apatzingan. Vigilantes have taken several villages on its outskirts.

Turin Approves Medical Marijuana, Challenges Harsh Italian Drug Laws. The city council in the northern Italian city of Turin Tuesday approved a measure allowing for medical marijuana and rejecting a 2006 Italian law that undid the legal distinction between "soft" and "hard" drugs. The medical use of marijuana has been already allowed in some Italian regions like Liguria, Tuscany and Veneto, but the recreational consumption of the drug is still taboo there. Turin's move could spur more movement toward allowing recreational marijuana use.

Bermuda Activist Starts Online Petition for Medical Marijuana. Marijuana reform activist and attorney Alan Gordon has started an online petition asking Public Safety Minister Michael Dunkley to allow emergency medical cannabis permits for cancer patients with a doctor's recommendation. Gordon says that Bermuda's drug law allows the minister to make case-by-case exceptions to the general ban on marijuana. He also wants the minister to publish rules for making applications for a waiver.

Chronicle AM -- January 14, 2014

Lots of activity on the marijuana and medical marijuana fronts today, and an academic study casts doubt on the utility of student drug testing. Let's get to it:

Marijuana Policy

DC Decriminalization Bill Gets Committee Vote Tomorrow. A bill that would decriminalize the possession of small amounts of marijuana goes for a vote before the city council's Judiciary and Public Safety Committee Wednesday. It is expected to pass. The measure is also expected to get through a vote of the full council later.

Pennsylvania NAACP Backs Away from Legalization. The president of the Pennsylvania NAACP said Monday that even though one state branch supported marijuana legalization last year, that support was "illegal" and didn't reflect the state group's position. The Cheltenham branch had supported a legalization bill introduced by Sen. Daylin Leach (D-Montgomery County), but state NAACP head Jerome Mondesire said that was a no-no. "That can't be done locally," he said. "They've been asked to back away from it and they have."

Colorado Marijuana Possession Cases Dropped Big-Time After Legalization, But Didn't Disappear. Figures from the Colorado judiciary show that marijuana-related cases dropped 77% between 2012 and 2013, and the number of simple possession cases has dropped from 714 a month in the first part of 2012 to just 133 a month a year later. Possessing less than an ounce of marijuana only remains illegal for people under 21.

Wyoming Marijuana Legalization Initiative Filed. Activists with Wyoming NORML last week filed a proposed initiative with state officials that would allow medical marijuana patients to grow 12 plants and let all Wyoming adults 21 and over possess marijuana for personal use. Organizers are aiming at the 2016 ballot. The proposed initiative would decriminalize recreational use and public displays of 3 ounces or less of marijuana.

Project SAM to Help Fight Legalization in Alaska. Project SAM, the anti-marijuana legalization group headed by former Congressman Patrick Kennedy (D-RI) and former drug czar's office employee and media go-to guy Dr. Kevin Sabet, will assist local efforts to defeat a proposed marijuana legalization initiative. The initiative has handed in signatures and awaits signature verification. Sabet said Monday he had been asked by a "handful of leaders" to help fend off legalization. Sabet also repeated his favorite frightening refrain -- that legalization would not lead to regulated marijuana sales, but to "Big Marijuana," supposedly something akin to Big Pharma or Big Tobacco.

Medical Marijuana

San Jose Dispensary Initiative Filed. California's third largest city (sorry, San Francisco) could see a popular vote to block a ban on dispensaries after activists filed an initiative Monday with city officials. City officials have been moving to close them down, but initiative backers hope to get enough signatures to qualify the measure for the November ballot. The city has been sending "cease and desist" letters to dispensaries and is set to vote on an ordinance that would effectively ban them in 99% of the city. The initiative would set a minimum of 50 dispensaries for the city. Organizers need 20,372 valid voter signatures by May 16 to qualify.

Alabama Medical Marijuana CBD Bill Filed. The Alabama legislative session begins today, and a medical marijuana bill awaits. The bill, House Bill 104, was pre-filed last week and is sponsored by Reps. Mike Ball (R-Madison), Patricia Todd (D-Birmingham), and Allen Farley (R-McCalla). It would provide a medical necessity defense for people seeking to be treated with cannabidiol (CBD).

Minnesota Governor Not Ready for Medical Marijuana, But Open to Study. Minnesota Gov. Mark Dayton (DFL) said Monday he is not ready to allow medical marijuana in the state, but would be open to a study on the issue. "I've said since I ran for office that law enforcement has enough to contend with, and I am not going to support something that has the adamant opposition of law enforcement in Minnesota, and that is still the case," he said. "I'd be supportive of funding for an independent, objective study of what other states have done, what have the results been," he said.

Key Supporter Says New York Medical Marijuana Bill Not Ready for Senate Vote. State Sen. Diane Savino (D) said Monday that a pending medical marijuana bill "isn't ready" for a Senate vote. Medical marijuana bills have repeatedly passed the Assembly, only to be blocked in the Senate, which is controlled by Republicans and a handful of independent Democrats, including Savino. "We're not playing politics with this issue," Savino said. "There are patients whose lives are being affected by this issue. We're going to build support for this the way we build support for everything else. There is sufficient support in both conferences." But, she added, "...You can't force a bill to the floor until the bill is ready. The bill will be ready when I let you know it's ready."

Washington State Bill Would Protect Medical Marijuana Patients, Program. In the wake of legalized marijuana under I-502, medical marijuana supporters have filed a bill, House Bill 223, to keep some key medical marijuana provisions from being swept away in the legalization tide. The bill would provide a clear mechanism for licensing and regulating dispensaries and preserve patients' rights to grow their own medicine. I-502 legalized sales and possession of marijuana, but not home growing, and there have been some efforts within officialdom to wipe out or reduce personal cultivation for patients as well under its rubric. (The bill was not up on the legislative web site as of Tuesday.)

Drug Testing

Study Finds Student Drug Testing Ineffective; Positive School Environments Better. A study published in the January issue of the Journal of Studies on Alcohol and Drugs has found that school drug tests don't deter kids from smoking marijuana, but that creating a positive school environment may be more effective. Researchers tracked students from schools with and without drug testing policies and found no significant differences in the likelihood that students would try marijuana. "Even though drug testing sounds good, based on the science, it's not working," said study author Daniel Romer, of the University of Pennsylvania Annenberg Public Policy Center.

International

Kazakhstan MP Wants Marijuana Farms Leased to Pharmaceutical Companies. A Khazakh member of parliament -- who also just happens to be the president's daughter -- has suggested leasing broad swathes of land currently using for illicit marijuana farming to major pharmaceutical companies. MP Dariga Nazarbayeva suggested to parliament that "We review our attitude to cannabis." The interior minister, Kalmukhanbet Kasymov, appeared receptive, saying, "You can't just seal off 140,000 hectares of land. Cannabis is spreading across our country." Decades of eradication efforts in Kazakhstan have proven ineffective.

Chronicle AM -- January 13, 2014

Marijuana legalization is one step closer in the nation's capital, even Georgia Republican legislators are getting on the medical marijuana bandwagon, Syria's civil war is being fueled by speed, and more. Let's get to it:

Captagon, Middle Eastern speed. Just what every brutal civil war needs. (wikimedia.org)
DC Marijuana Legalization Initiative Filed. Marijuana legalization activists filed an initiative with city officials last Friday to legalize the possession of up to two ounces and three plants by adults. Look for a Chronicle feature article on this later this week.

St. Louis Mayor Ask Residents to Weigh In on Marijuana Policy. St. Louis Mayor Francis Slay (D) is asking residents what they think about marijuana legalization. His web site has the poll online (click the link above). The poll comes as activists organized as Show-Me Cannabis Regulation beat the bushes statewide in an effort to get legalization on the ballot in Missouri.

Maine US Senate Candidate Supports Legalizing Marijuana. Democratic Party US Senate candidate Shenna Bellow is making marijuana legalization a key plank in her platform. A former director of the ACLU of Maine, Bellow calls herself a progressive and a libertarian, and also supports bold action on climate change, less government surveillance, and raising the minimum wage. She also said she envisioned herself as a Senate leader on marijuana reform.

Maryland Republican State Senator to Cosponsor Legalization Bill. State Sen. Allen Kittleman (R-Howard) said last Friday he will cosponsor a marijuana legalization bill. The bill's other sponsor is Sen. Jamie Raskin (D-Montgomery), but neither has actually filed the bill yet, according to the legislature's web site.

Dane County, Wisconsin, to Vote on Marijuana Legalization Referendum. Dane County (Madison) supervisors voted last Thursday to put an advisory referendum asking "Should the state government enact legislation legalizing marijuana?" on the spring ballot. In 2010, Dane County voters approved a medical marijuana advisory referendum with 75% of the vote. The spring election is set for April 1.

Medical Marijuana

New York Medical Marijuana Supporters Rally in Albany. Saying Gov. Cuomo's move last week to institute a limited medical marijuana program doesn't go nearly far enough, medical marijuana supporters rallied in Albany Monday to urge the state Senate and the governor to pass comprehensive pending legislation.

Medical Marijuana Business Conference in Oregon Later This Month. As Oregon prepares to enter the dispensary era, the Oregon Medical Marijuana Business Conference will be held January 30 and 31 to discuss issues surrounding dispensaries, ranging from banking problems to licensing and beyond. Click on the link for more details.

Georgia Republican Legislators Signal Openness to Medical Marijuana. Last Wednesday, Republican state Sen. Josh McKoon (R-Columbus) called for hearings on medical marijuana. Two days later, House Speaker David Ralston (R-Blue Ridge) said he was open to the idea. The moves come after local activists with the Georgia Campaign for Access, Reform, and Education (Georgia CARE) met with state officials about the issue. Peachtree NORML has also been working the issue there.

Drug Testing

Texas Unemployment Beneficiary Drug Screening Delayed. Texans applying for unemployment benefits were supposed to start being screened for evidence of drug use beginning February 1, but that isn't going to happen just yet. The Texas Workforce Commission, which is charged with implementing the law, says the US Labor Department has not provided guidance on who should be screened. The state was able to implement the law requiring screening of first-time applicants in some professions, Senate Bill 21, after Congress passed a law allowing states to drug test people receiving unemployment benefits, but the Labor Department has yet to outline which occupations fall within the parameters of the federal law.

Alabama State Senator Will File Welfare Drug Testing Bill. State Sen. Trip Pittman (R-Daphne) says he will sponsor legislation requiring drug testing of some welfare recipients. Pittman wants anyone convicted of a drug offense within the last five years to have to undergo a drug test. A similar Pittman bill got through the Senate last year, only to die without a vote in the House. While Pittman said he filed the bill already, it hasn't appeared on the state legislative web site. The Alabama legislative session begins tomorrow.

Tennessee Nurses Sue Over Drug Test Strip Searches. Four Nashville nurses who say they were forced to remove all their clothing and submit to drug tests after hospital officials said drugs were missing are now suing St. Thomas Hickman Hospital. No drugs were found and none of the nurses tested positive for drugs. Now, each is seeking $75,000 in damages. Click on the link for the gory details.

Harm Reduction

Wisconsin Naloxone Pilot Program Getting Underway. The Wisconsin Department of Health Services has selected 47 state agencies to participate in a one-year pilot program allowing all emergency medical responders to administer the opioid overdose antidote naloxone. Some emergency personnel are already authorized to use naloxone, and is it being used with increasing frequency, from 2,900 times in 2010 to 3,700 in 2012.

Methamphetamine

Tennessee Controller Issues Report on Meth. The Tennessee Controller's Offices of Research and Education Accountability have issued an updated report on meth production that finds that two popular methods for curbing production have not been proven effective. Those measures are the electronic tracking of cold medication purchases, which has not resulted in a decline in the number of home meth labs in the state, and requiring prescriptions to purchase cold medicines, which has been associated in declines in some states, but other states have shown declines without imposing such laws. Click the link to read the report.

International

Speed Use, Production Cranking Up Amidst Syrian Civil War. Syria has become a major amphetamine exporter and consumer, Reuters reported Sunday. The county's brutal civil war is fueling demand, and the central government's loss of control over vast swathes of the country is creating opportunity for producers. The speed in question is Captagon, whose active ingredient, fenethylline, is metabolized by the body into the stimulants amphetamine and theophylline. Production has moved out of Lebanon and Turkey and into war-torn Syria, the report said. Captagon is a favored black market stimulant throughout the Middle East.

Fight Between Vigilantes and Knights Templar Cartel Continues in Mexico's Michoacan. Hundreds of armed vigilantes took over the Knights Templar Cartel stronghold of Nueva Italia Sunday. The vigilantes say they formed because the state and federal governments were not protecting their communities from the drug traffickers. Since the new year began, the vigilantes have taken over several other communities on the outskirts of Apatzingan, which is considered the Knights' stronghold. On Friday, masked men set fire to city hall there and burned and looted several local shops. The governor said he had asked for additional federal forces.

Second Singapore Drug Trafficker Escapes Death Sentence. Last week, the Singapore High Court resentenced a man to life imprisonment instead of death for a drug trafficking offense. The man, Subashkaran Pragasam, becomes the second person to escape the gallows since Singapore reformed its Misuse of Drugs Act in 2012 to allow judges to avoid a mandatory death sentence if the offender was low-level and cooperated with police.

(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 -- January 10, 2014

The marijuana issue continues hot and heavy, one of our favorite authors is nominated for an award, harm reduction bills move in Wisconsin, and the US Sentencing Commission wants to cut drug sentences. And more. Let's get to it:

Dr. Carl Hart, nominated for an NAACP Image Award for "High Price" (columbia.edu)
Marijuana Policy

Colorado Legal Marijuana Sales Hit $5 Million in First Week. Sales of legal marijuana in Colorado since January 1 are estimated to have exceeded $5 million, with some 100,000 people lining up to buy it, according to industry insiders.

Colorado Republicans File Bill to Ban Food Stamps in Marijuana Shops. File under: solutions in search of problems. There is no evidence that anyone has ever used a food stamp EBT card to purchase marijuana products, but that hasn't stopped a handful of GOP state legislators to file a bill to outlaw it. "We need this bill, if for nothing else, as a statement," said Rep. Jared Wright (R-Grand Junction). "We shouldn't be enabling anyone to buy a substance that is banned under federal law. It's not a good use of taxpayer money," he said. The bill is Senate Bill 37.

New Hampshire House Didn't Vote on Marijuana Legalization. The House was set to vote Wednesday on a bill to legalize marijuana, but it didn't happen. The vote has instead been pushed back for a week as legislators dealt first with attempts to override vetoes on bills passed last year. The bill is House Bill 492.

No Marijuana Legalization Bill for Ohio This Year. The only Ohio legislator to push for marijuana legalization last year won't try it again this year. Rep. Bob Hagan (D-Youngstown) said he had no plans to introduce a measure this year after last year's effort to pass a resolution to let residents vote on the issue was sidelined.

Washington Congressman Urges Feds to Act Quickly on Marijuana Banking. Rep. Denny Heck (D-Washington) Friday called on federal regulators to move swiftly to resolve the issue of financial institutions being able to do business with legal marijuana businesses. In a statement, the coauthor of pending federal legislation that would do just that said that "it is urgent federal regulators come to a resolution on this issue as soon as possible."

Powerful Maryland Pol Comes Out for Marijuana Legalization. Delegate Maggie McIntosh (D-Baltimore) has joined the list of powerful state legislators calling for marijuana legalization. She said legalization is one of "the biggest, most important issues" facing the General Assembly this year. She joins Senate President Thomas Miller (D) and Democratic gubernatorial candidate Heather Mizeur in supporting legalization, but Gov. Martin O'Malley (D) and House Speaker Michael Busch (D) both oppose it.

Steny Hoyer Opposes Marijuana Legalization in Maryland. US House Minority Whip Steny Hoyer (D-MD) said Thursday he opposes legalizing pot in the state. "I'm not a proponent of legalizing marijuana," he said. "As I talked to people who deal with drug abuse issues, with rehabilitation issues, I became convinced that marijuana was, in fact, a threshold drug and it would lead to the use of harder, very harmful drugs," he added.

Medical Marijuana

Kentucky House Panel Holds Medical Marijuana Hearing. The House Health and Welfare Committee held a hearing Thursday to discuss medical marijuana. No specific bill was under discussion, but one legislator, Sen. Perry Clark (D-Louisville) filed a bill this week, Senate Bill 43, which would legalize medical marijuana.

Florida House Committee Chair Will Propose Bill to Legalize High CBD Strains for Seizures. Rep. Matt Gaetz (R-Shalimar), chair of the House Criminal Justice Subcommittee, said Thursday he would introduce a bill to allow for the medical use of marijuana strains that are high in CBDs. The vow came after a heart-wrenching hearing from parents of children who suffer seizure disorders, who called on the legislature to legalize strains such as "Charlotte's Web."

Asset Forfeiture

Utah Attorney General Sees Asset Forfeiture as Tool against Drug Legalizing Attorneys. After changes to undo asset forfeiture reforms approved by voters in 2000 snuck through the state legislature last year came under this week, Utah Attorney General Sean Reyes issued a brief defending the new law. But a bullet point justifying a new cap on attorneys' fees for people who successfully defend their property is setting off alarms among First Amendment advocates. "By setting a limit on attorney's fees it will take away the incentive for attorneys who actively promote the legalization of drugs in the state of Utah from soliciting clients who are engaged in criminal activity," the attorney general's brief said. Click on the link for a lengthier critique.

Drug Testing

Welfare Drug Testing Bill Coming Back in Indiana. House Speaker Brian Bosma (R-Indianapolis) said Thursday that while welfare drug testing legislation is not part of the House Republican agenda, a pending bill to do just that is "one we're going to enthusiastically endorse and move forward on." The bill, which passed the House, but not the Senate, last year, would require drug testing of welfare recipients based on some form of reasonable suspicion.

Harm Reduction

Push On to End Needle Exchange Ban in Federal Funding Bill. Harm reduction and public health advocates are urging lawmakers to lift the prohibition on the use of federal funds to pay for needle exchange programs. The battlefield is the conference committee that will reconcile House and Senate budget bills. The Senate version had language that included funding for needle exchanges, but the GOP-led House is expected to oppose it.

Wisconsin Overdose 911, Naloxone Bills Pass Assembly Committee. A bill to provide limited legal immunity to people who notify authorities of an overdose passed the Assembly Criminal Justice Committee Thursday. So did a bill that would allow first responders to carry and use the overdose reversal drug naloxone. Both now goes to the full Assembly, which should vote on them Tuesday. The bills have the backing of Attorney General JB Van Hollen (R) and are expected to sail through the Senate as well.

Honors

Carl Hart Wins NAACP Image Award Nomination for "High Price." Neuroscientist and Drug Policy Alliance board member Carl Hart's "High Price: A Neuroscientist's Journey of Self Discovery That Changes Everything You Know About Drugs and Society" has been nominated for an NAACP Image Award in the category of literary nonfiction. The awards ceremony takes place on February 22.

Sentencing

US Sentencing Commission Suggests Lowering Drug Guideline Sentences. The US Sentencing Commission voted Thursday to publish proposed federal drug sentencing guideline amendments that would include lowering guideline sentences for drug trafficking offenses. The amendments would reduce drug trafficking sentences by about 11 months, leading to a reduction in the federal prison population of more than 6,000 prisoners five years after taking effect. The commission is now seeking public comment on the proposal.

International

Jamaica Marijuana Growers to Organize. Jamaican legalization activists and marijuana growers will form a Cannabis Future Growers and Producers Association as part of a major conference next week. The "Going Forward -- Legalize It" conference is organized by the Ganja Law Reform Coalition, the Cannabis Commercial and Medicinal Research Task Force, and the National Alliance for the Legalization of Ganja, and hopes to help lay the groundwork for a legal marijuana industry on the island.

Canada's SensibleBC Sees 2014 as a Building Year. After an effort to put marijuana reform on the provincial ballot via an initiative faltered last year, Sensible BC leader Dana Larsen said this year would be a year of building momentum, training canvassers, and spreading the message of marijuana legalization. Larsen will also be touring the province this spring and summer to build support.

Chronicle AM -- January 9, 2014

Alaska appears poised to vote on marijuana legalization, New York's governor announces a half-step toward medical marijuana, the ACLU fights for our rights on a couple of fronts, and trouble could be coming to the coca fields of Peru. And more. Let's get to it:

Bolivian President Evo Morales has a new bully pulpit from which to crusade for coca. (wikimedia.org)
Alaska Marijuana Legalization Initiative Campaign Hands in Signatures. Supporters of an initiative to legalize marijuana in Alaska handed in 46,000 signatures Wednesday. The campaign only needs 30,000 valid signatures to qualify for the August ballot. State election officials have 60 days to verify the signatures.

Marijuana Decriminalization Bill Filed in Alabama. Rep. Patricia Todd (D-Birmingham) has filed a bill that would decriminalize the possession of up to an ounce of marijuana. An as yet unspecified fine would apply to offenders. The bill has been assigned to the House Judiciary Committee and will be scheduled for a hearing when the session gets underway next week.

Alabama Governor Rejects Legal and Medical Marijuana. Gov. Robert Bentley (R) said Wednesday he opposes legalizing marijuana for either recreational or medical purposes, although he suggested he would be open to FDA-approved medical marijuana products. "I do believe there are medications out there that will do the same thing," Bentley said. "Now if someone wants to use the medicine that is in marijuana, go through the testing when you do that through the FDA, go through all of that -- that's fine. I have no problem with that."

Medical Marijuana

New York Governor Announces Limited Medical Marijuana Program. Gov. Andrew Cuomo (D) used his State of the State address Wednesday to announce he will initiate a limited medical marijuana program through executive action. Advocates said the measure was not enough and that the state legislature needs to pass pending medical marijuana legislation.

Asset Forfeiture

Utah Moving to Undo Asset Forfeiture Reforms. The Utah legislature moved late last year to roll back asset forfeiture reforms approved by state voters in a 2000 referendum. In unanimous votes, legislators approved a bill that will kill the provision requiring reimbursement for property owners who win in court and to require prosecutors to file such cases in a timely manner. Read Radley Balko's lengthy report by clicking on the link.

Drugs and Pregnancy

Experts File Brief Challenging Use of Child Abuse Law against Pregnant Women Using Methadone. Some 76 groups and experts in maternal, fetal, and child health, addiction treatment, and health advocacy filed an amicus curiae (friend of the court) brief before the New Jersey Supreme Court, urging it to overturn a lower court ruling making the state's civil child abuse law applicable to women who received medically prescribed methadone treatment while pregnant.

Search and Seizure

Indiana ACLU Challenges Pain Medication Drug Test Rules. The ACLU of Indiana filed a lawsuit Wednesday in federal court challenging a new state rule that requires patients prescribed a certain level of pain medications to undergo annual drug tests. The rule concocted by the state Medical Licensing Board last month requires such patients to sign a treatment agreement that includes agreement to undergo the annual tests. The ACLU argues that the rule violates Fourth Amendment proscriptions against unreasonable searches and seizures.

Massachusetts ACLU Sues to Block Drug Dog Sniffs of Prison Visitors. The ACLU of Massachusetts and a prisoners' rights group have filed a lawsuit in Suffolk County Superior Court seeking to block the state Department of Corrections from using drug dogs to search prison visitors. The suit seeks a preliminary injunction to immediately stop the practice and allow for public comment on the policy, which the department instituted in November. A hearing is set for January 24.

International

Peru Coca Eradication to Target VRAEM for First Time, DEVIDA Head Says. The Peruvian government for the first time will attempt to eradicate large amounts of coca crops in the Apurimac, Ene, and Mantaro river valleys (VRAEM), the head of the Peruvian anti-drug agency DEVIDA said Wednesday. The area is the most densely planted coca growing region in the world, accounting for more than half of all Peruvian production, and is the home of Shining Path guerilla remnants who got involved in the drug trade as their rebellion fizzled 20 years ago. DEVIDA wants to eradicate 37,000 acres of coca crops there, about 75% of total plantings in the region. Look for trouble when eradication efforts actually get underway, probably in August.

Bolivia to Use G-77 Post to Push for Legal Coca Leaf Internationally. Bolivian President Evo Morales has assumed chairmanship of the Group of 77 nations, and he said Wednesday that he would use his position to push for removing coca leaf from the 1961 UN Single Convention's list of internationally banned drugs. Bolivia briefly left the treaty in 2012 before returning last year with a reservation that it did not recognize the ban on coca leaf chewing. "Last year, we achieved recognition of traditional consumption of the coca leaf," he said. "Our next task will be to remove the coca leaf from the list of prohibited substances."

Germans Not Ready for Marijuana Legalization, Poll Finds. Only 29% of Germans said they favored legalizing marijuana in a new poll, while 65% were opposed. The only political party with a majority favoring legalization was the Greens, and just barely, with 51%. A Green politician, Monika Herrmann, is trying to open a Dutch-style cannabis coffee shop in Berlin's Friedrichshain-Kreuzberg district, but would need federal government approval. This poll isn't going to help.

France Approves Marijuana-Based Medicine for Multiple Sclerosis. France's health ministry announced Thursday it had approved the use of Sativex, a cannabinoid mouth spray, to treat patients suffering from multiple sclerosis (MS). The drug is the first marijuana-based medicine to be made available in the country. Sativex is already approved in more than 20 countries.

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

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

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

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

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

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

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

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

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

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

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

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

#6 Momentum for Sentencing Reform Grows in Washington

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

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

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

#8 A Tough Year for Public Benefits Drug Testing Bills

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

#9 Historic Firsts for Hemp

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

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

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

Chronicle AM -- January 2, 2014

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

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

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

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

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

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

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

Medical Marijuana

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

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

Drug Testing

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

Law Enforcement

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

International

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

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

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

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

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

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