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Chronicle AM: Major Asset Forfeiture Reform Move, NCAA Drug Policy Review, Indonesia Executions, More (1/16/15)

Attorney General Holder announces a major civil asset forfeiture reform move, the NCAA will review its drug policies, a Vermont report on the impact of pot legalization has been released, and more. Let's get to it:

"Policing for profit" just took a big hit thanks to Attorney General Holder. (
Marijuana Policy

No Marijuana Stores in Alaska's Capital Until October. The City and Borough of Juneau Assembly has approved a moratorium on marijuana-related businesses until October 19. City officials will not consider any land use or other permits until the moratorium expires, meaning pot businesses won't be able to grow crops or prepare for retail sales until then.

Report on Impact of Legalization in Vermont Released. Vermont could make tens of millions of dollars in marijuana revenues a year, according to a new comprehensive report released today. The report was commissioned by the state legislature and serves as a policy guide as the state considers legalization. It lays out various options for legalization.

Medical Marijuana

Georgia CBD Medical Marijuana Bill Dead. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Kansas Medical Marijuana Supporters Rally in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally today to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Asset Forfeiture

Attorney General Holder Blocks Federal Asset Forfeiture Sharing Program. In the boldest civil asset forfeiture reform move in years, Holder has barred federal agencies from participating in the Equitable Sharing asset forfeiture program, under which state and local police seeking to circumvent state asset forfeiture laws would let federal agencies "adopt" the seizures. Under the program, the police agency got up to 80% of the proceeds, while state laws typically require them to be deposited in designated accounts, such as the general fund or education funds. Click on the link for the full story.

Drug Policy

NCAA to Consider Revamping Its Drug Policy. In the wake of criticism for suspending a University of Oregon football player for pot smoking just before the collegiate national championship game, and after its Committee on Competitive Safeguards and Medical Aspects of Sports informally recommended it, the NCAA will examine proposed changes to its policies for testing both performance-enhancing and recreational drugs. The NCAA's standard for marijuana, for instance, it 10 times that used for airline pilots.


Stratfor Report on Mexican Drug Trafficking. The Austin-based private intelligence group has released a free, condensed version of its annual Mexican drug cartel report. Check it out at the link.

Indonesia Set to Execute Six Drug Convicts Sunday. New President Joko Widodo appears to be living up to his vow to not grant clemency to death row drug prisoners. The Indonesian Attorney General's Office announced Friday that it will execute six convicted drug traffickers Sunday. Widodo signed off on the executions last month.

Chronicle AM: DC Challenges Congress on Pot Legalization, ME Welfare Drug Test Plan Approved, More (1/14/15)

The District of Columbia is challenging Congress on marijuana legalization, Sens. Feinstein and Grassley complain about administration drug policy, a plethora of pot bills have bill filed in Oregon, and more. Let's get to it:

Marijuana Policy

DC Sends Legalization Measure to Congress. DC Council Chairman Phil Mendelson (D) Tuesday sent to Congress the District's voter-approved Initiative 71 legalization measure, in effect challenging the body to either block it or let it stand. Mendelson's move starts a 30-day clock during which time Congress must act or the measure becomes law. In December, Congress voted to block funds to implement the measure, but DC maintains that that move does not stop the District from enacting it. Stay tuned.

Anchorage Mayor Wants to Ban Public Consumption. Mayor Dan Sullivan has proposed an ordinance that would ban pot use in public places. But his plan is running into opposition, with opponents claiming it is too broad. Click on the link for more details.

Oregon Legislature Sees a Bundle of Marijuana Bills. You'd think legalizing marijuana would quiet the issue at the statehouse, but you would be wrong. At least 16 marijuana-related bills were introduced Monday, ranging from limits on physician prescribing to limitations on retail sales locations to warnings to pregnant women, and more. Click on the link for a fuller rundown.

Medical Marijuana

Connecticut Medical Marijuana Program Recommends Expanding List of Qualifying Conditions. The state's Medical Marijuana Program Board of Physicians voted today to include sickle cell disease, chronic back pain after surgery, and severe psoriasis as qualifying conditions for medical marijuana, but not Tourette's Syndrome. The recommendations now go to the Consumer Protection Commissioner, who would then decide whether to accept the recommendation, then draft a new regulation that would go to another public hearing before going to the General Assembly's regulation-review committee for a final decision. It could take months or even years.

Drug Policy

Senators Feinstein and Grassley Criticize Obama's Policy on International Drug Control Treaties. Senate octogenarians Dianne Feinstein (D-CA) and Charles Grassley (R-IA) have teamed up to express their dismay over the Obama administration's "flexible interpretation" of UN drug control treaties and their concern over whether allowing states to legalize marijuana puts the US in conflict with the treaties. They sent one letter to Secretary of State John Kerry and another letter to Attorney General Eric Holder. The co-chairs of the Senate Caucus on International Narcotics Control complained that administration forbearance in the face of state-level legalization could let states "implement policies that legalize other, even more harmful drugs, without recourse" and that administration approaches to the issue may "weaken US standing as an international leader on drug control issues."

Drug Testing

Maine Governor Gets Go-Ahead for Welfare Drug Testing. Gov. Paul LePage's (R) plan to begin drug testing some welfare applicants has won final approval from the state attorney general, his office said Tuesday. The state will begin drug-testing convicted drug felons who are applying for or receiving welfare benefits. Those who fail will lose benefits unless they enroll in a drug treatment program. Civil rights and poverty activist groups have criticized the measure as an intrusion on privacy and an attack on poor people.

Harm Reduction

Tennessee Cops Now Carrying Overdose Reversal Drug. Police in the Volunteer State are now beginning to carry the overdose reversal drug naloxone in a bid to reduce overdose deaths. The first training seminars for law enforcement personnel began last Friday. The move comes after the legislature last year passed a law allowing for broader distribution of the drug, including law enforcement and emergency medical personnel.


Walid Jumblatt Again Calls for Lebanese Hash Legalization, Cites Terror Fight. Senior Druse leader and Lebanese MP Walid Jumblatt has reiterated his call to legalize the hash trade in the country and he has tied it the country's fight against terrorism. The government needs to increase security and stability in the Bekaa Valley, a leading hash cultivation area, he said. "The treatment cannot be a security one only, but it should be backed by development (projects), and thus I still believe that the cultivation of hashish should be legalized because the theory of alternative crops has failed," Jumblatt said.

Chronicle AM: Flurry of Federal Drug Reform Bills, AZ Legalization Demo, Heroin ODs Up Sharply, More (1/13/15)

Marijuana legalization battles start to heat up in the states, a flurry of federal drug reform bills are filed, heroin overdose deaths are up sharply, Mexican cartels seem to be switching from pot to meth and heroin, and more. Let's get to it:

Marijuana Policy

Maine Legalization Foes Get Organized. Maine isn't going to legalize weed without a fight. Two groups with "grave concerns" about legalization kicked off a year-long campaign to "educate" Mainers about the dangers of the herb. The two groups are Smart Approaches to Marijuana Maine and the Maine Alliance to Prevent Substance Abuse. The move comes as Rep. Diane Russell (D-Portland) said she will reintroduce her perennial legalization bill, and as state activists work toward a legalization initiative in 2016.

Arizonans Rally to Protest Pot Prohibition, Call for Legalization. More than a hundred people gathered outside the state capitol in Phoenix Monday to urge marijuana law reforms. They were led by Safer Arizona, which says it will protest on the first day of the legislative session until marijuana is legal. A legalization bill will be before the legislature this year.

Medical Marijuana

Fight Over Georgia CBD Medical Marijuana Bill.Rep. Allen Peake (R-Macon) has said he will modify his CBD medical marijuana bill, House Bill 1, after Gov. Nathan Deal (R) objected to a provision that would allow production of the crop in the state. That has supporters of the bill unhappy. They say that because federal law prohibits transporting medical marijuana between states, their medicine will remain out of reach if it cannot be grown in-state.


Federal Hemp Bill Reintroduced. Oregon Sens. Ron Wyden (D) and Jeff Merkley (D) and Kentucky Sens. Mitch McConnell (R) and Rand Paul (R) have re-filed their bill to amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill, SB 134, has been referred to the Senate Judiciary Committee.


Heroin Overdose Deaths Jumped in 2013. The Centers for Disease Control and Prevention released data Monday showing that 8,257 people died of heroin-related deaths in 2013, up 39% from the 5,924 deaths the previous year. The number of overall drug overdose deaths also increased, to 43,982 in 2013 from 41,340 the year before. That's an overall increase of 6%.


First LSD Study in Decades Shows Promising Results. LSD can alleviate anxiety in terminally ill patients, according to the first clinical study of the drug in 40 years. The research was sponsored by the Multidisciplinary Associations for Psychedelic Studies (MAPS). The research results were published here.

Criminal Justice

Houston Congresswoman Files Trio of Criminal Justice Reform Bills. Rep. Sheila Jackson Lee (D-TX) has filed several criminal justice reform bills: HR 46 would increase the evidentiary standard required to convict someone for a drug offense and require screening of police participating in drug task forces; HR 51 would provide for collection of data on racial profiling in traffic stops; and HR 71 would provide earlier releases for certain nonviolent offenders.

Asset Forfeiture

Federal Medical Marijuana Asset Forfeiture Reform Bill Filed. Rep. Barbara Lee (D-CA) has filed HR 262, which would amend the Controlled Substances Act to exempt from civil forfeiture real property seized because of medical marijuana-related conduct in states where it is legal. The bill currently has no cosponsors.

Drug Testing

Wisconsin Group Delivers Urine Specimen Cups to Legislators in Welfare Drug Test Protest. The Wisconsin chapter of the National Organization for Women (NOW) protested Gov. Scott Walker's (R) plan to impose drug testing on welfare recipients Monday by delivering urine sample cups -- unused -- to the offices of Republican legislators. The group says the plan won't achieve anything except demonizing the poor and that it may be unconstitutional.


Mexican Drug Traffickers Switching to Meth and Heroin. Marijuana legalization and decriminalization north of the border is having an impact south of the border, if US drug seizures are any indication. The amount of marijuana seized by state, local, and federal law enforcement has dropped 37% since 2011, while heroin seizures have increased three-fold and meth seizures have increased five-fold. Farmers in Mexico have reported switching from marijuana to opium in response to market trends.

Chronicle AM: DC AG Says Congress Didn't Block Legalization, WI Gov Wants Unemployment Drug Tests, More (12/31/14)

Legal pot is on schedule in Alaska, home hash oil making is not okay in Colorado, DC's new AG says Congress didn't really block legalization in the District, a Hawaii task force recommends dispensaries, and more. Let's get to it:

ISIS imposes rough justice on a drug user in Raqqa, Syria. (
Marijuana Policy

Alaska Says Marijuana Regulations Coming on Schedule. Gov. Bill Walker said Tuesday that the state's marijuana regulations will be issued on time. "We have strong, cooperative leadership heading up implementation of this very important act," Governor Walker said. "They assured me that we can meet the statutory and regulatory timelines outlined in the initiative that voters passed in November. I'm confident that we will be diligent in our efforts to make sure we have adequate regulations for this new industry in place and on time." The initiative goes into effect on February 24, 2015. The board has until November 24, 2015 to adopt regulations and anticipates accepting applications for marijuana licenses by February 24, 2016. The board expects the initial industry licenses to be awarded by late May 2016.

Colorado AG Says Home Hash Oil Extraction is Illegal Attorney General John Suthers said Tuesday that the state's marijuana legalization law does not allow for the making of hash oil in the home. He said the law "expressly prohibits" such conduct because of the threat it poses to the public. "To decriminalize dangerous and unreasonable behavior in which people are getting hurt and houses are blowing up, defies the intent of the voters," Suthers said in a statement. "Colorado is experiencing a real public safety issue as a result of unsafe and unlicensed manufacturing and production," he added. The state has seen dozens of explosions at homes this year as amateurs attempt to make hash oil using flammable butane.

DC's New AG Says Congressional Action Didn't Block DC Legalization. Incoming District of Columbia Attorney General Karl Racine says the congressional rider seeking to block legalization in the District won't do that. "We think Initiative 71 was basically self-enacted, just as the congresswoman does," Racine told The Washington Post, referring to Eleanor Holmes Norton, the District's nonvoting congressional delegate. "We think there's good support for that position, and we're going to support that position."

Mississippi Legalization Initiative Approved for Signature Gathering. An initiative sponsored by Legalize Marijuana in Mississippi has been approved by the secretary of state's office, and that means the group will shortly begin signature gathering to qualify for the 2016 ballot. They have until October 2 to come up with 106,165 valid voter signatures. They must get at least 21,233 signatures in each of the state's five electoral districts.

Medical Marijuana

Hawaii Medical Marijuana Task Force Recommends Dispensaries. The state's Medical Marijuana Dispensary Task Force has recommended that dispensaries be allowed to make it easier for seriously ill patients to obtain their medicine. The task force is recommending at least one dispensary in each of the four major counties with licensing to begin in January 2017. The state legislative session convenes next month, and lawmakers, including the governor, will have to decide whether to follow through with any, or all, of the recommendations.

Medical Marijuana Bills Proposed in Kentucky. There will be at least two such bills in the Bluegrass State in 2015. State Sen. Perry Clark (D-Louisville) has already filed Senate Bill 43, and House Speaker Greg Stumbo (D-Prestonburg) has said he plans to introduce another. Stumbo's bill allows for dispensaries; Clark's bill does not.

Drug Testing

Wisconsin Governor Wants to Expand Welfare Drug Testing to Include Unemployment. Gov. Scott Walker (R) successfully pushed to get a welfare drug testing law passed during his first term. Now, he wants to expand drug testing to include people seeking unemployment benefits. "It's not about trying to penalize people; it's really trying to say if you want to get ready to work these are the two basic things: employability skills and drug free," he explained.


ISIS Publicly Whips Drug Users, Burns Marijuana. The Islamic State in Iraq and Syria (ISIS) has released photos of its members publicly whipping drug users and burning marijuana and cigarettes in the Syrian city of Raqqa. Captions released with the photos said the men were accused of using illegal drugs and were punished in accordance with Sharia law.

Chronicle AM: Teen Pot Use Not Up, Federal Police Killings Bill Filed, Mexico Mayhem, More (12/16/14)

The Monitoring the Future teen drug use survey is out, the "CRomnibus" bill also killed highway drug use surveys, Rep. Steve Cohen (D-TN) wants better information on police killings, a damning report is released in Mexico, and more. Let's get to it:

If Walid Jumblatt has his way, this Lebanese hash field could be legal. (
Marijuana Policy

Drug Use Survey Finds Teen Marijuana Use Declining Even as States Legalize. The annual Monitoring the Future survey of teen habits is out today, and it finds that legalization has not sparked an increase in teen pot smoking. The survey found that 24% of eighth, 10th, and 12th graders reported past use marijuana last, down from 26% the year before. And among 12th graders, the number who reported daily use also declined from 6.5% last year to 5.8% this year. There's much more to the survey; click the survey link to see it.

Medical Marijuana

Iowans Organize to Push for More Effective Medical Marijuana Law. The legislature this year passed a bill allowing for the use of low-THC cannabis oil to treat people with epilepsy, but that's not good enough for a new group, Iowans 4 Medical Cannabis. The group today announced it had formed to push legislators to make it possible to produce and dispense medical marijuana.


Omnibus Spending Bill Cut Funds for NHTSA Roadside Drug Use Surveys. The $1.1 trillion spending bill that has gotten so much attention over its marijuana provisions also bars the National Highway Traffic Safety Administration (NHTSA) from using funds to complete its "National Roadside Survey." It was a voluntary survey that only collected data from people willing to participate, but came under congressional criticism after a Texas TV station aired a program about a Fort Worth checkpoint where police ordered motorists off the road at random to collect samples.

Law Enforcement

Federal Bill Filed to Increase Reporting of Deadly Force by Police. Rep. Steve Cohen (D-TN) has filed HR 5866, which would "require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers." The bill next was not available at press time. The bill has five cosponsors -- all Democrats -- and has been referred to the House Judiciary Committee.

Drug Testing

WorkForce West Virginia Drug Testing Doesn't Find Many Dopers. In its annual report to the legislature, WorkForce West Virginia, the state's employment services program, reported that it had subjected 1,205 people to drug testing upon their seeking tuition reimbursement for employment training programs. Only 1% of them failed. No word on the cost of drug testing all those people.


Mexican Federal Police Accused of Collaborating With Local Cops in Case of Missing Student Teachers. In an article published over the weekend, the respected Mexican political weekly Proceso reported that federal police worked together with Iguala police in the September attack on teachers' college students that left 43 missing and presumed dead and which has sparked protests across the country. Proceso also reported that federal police likely tortured key witnesses whose testimony was critical in the federal attorney general's investigation of the case. "We have information that proves the federal government knew what was happening in the moment it was happening, and participated in it," Anabel Hernández, the lead reporter for the Proceso piece, said in an interview. "The government has tried to hide this information." There's much more at the link.

Armed Civilians Block Western Mexico Highways Seeking Crackdown on Cartels, But… Hundreds of armed men blocked highways around nine cities in the Western state of Michoacan over the weekend as a means of pressuring the government to crack down on the Knights Templar cartel. They unfurled banners calling for the arrest of cartel leaders. But at least some of the armed men were identified as members of Los Viagras, a group of gunmen who had once served as the Knights Templar's armed wing and who are now trying to displace them from the drug trade in the state.

Canadian Federal Government Loses Again in Bid to Block Home Medical Marijuana Cultivation. Health Canada earlier this year issued new medical marijuana rules that prohibited home growing and shifted production to commercial operations, but it has so far been blocked by the courts from implementing them, and now it has been blocked again. Patients won an injunction earlier this year to allow them to continue growing their own. Health Canada appealed that decision, but the Federal Court of Appeal has now upheld the injunction.

Druze Leader Walid Jumblatt Calls Again for Legal Hash in Lebanon. Veteran Lebanese power-broker Walid Jumblatt, leader of the Druze community, has renewed his call for legal hash production. "It's time to allow hash to be grown and to overturn arrest warrants against people sought for doing so," wrote in Arabic on his Twitter feed. He expanded his comments in an interview with Al-Jadeed TV. "Never in my life have I smoked marijuana, but I support growing cannabis for medical use and to improve the living conditions of farmers in north Lebanon and the Bekaa Valley. Let's legalize cannabis and regulate its cultivation."

Chronicle AM: Obama on DC Pot Laws, WI "Cocaine Moms" Law Challenged, No More 'Shrooms in Bali, More (12/12/14)

The president weighs in on congressional moves to block DC marijuana legalization, Oklahoma could be joining the cannabis oil medical marijuana club, a Wisconsin woman sues over the "cocaine moms" law, the ACLU is looking to sue a Connecticut housing agency over mandatory drug tests, and more. Let's get to it:

Indonesian police will begin enforcing the ban on magic mushrooms next month. (
Marijuana Policy

Obama Thinks Congress Should Not Interfere With DC Pot Laws. As the battle continues over whether Congress has managed or not to block the District of Columbia's Measure 71 legalization initiative, President Obama has weighed in. In a Thursday press conference, White House press secretary Josh Earnest said the president did "not believe Congress should spend a lot of time interfering with the citizens of District of Columbia." Asked specifically about Measure 71, Earnest noted that the measure had been approved by the voters and that, "on principle," that Congress shouldn't interfere with home rule. But Earnest also noted that Obama supports passing the omnibus spending bill that would, some say, overturn the measure.

Medical Marijuana

Cannabis Oil Bill Should Be Filed Today in Oklahoma. Rep. John Echols (R-Oklahoma City) has said he plans to file a low-THC cannabis oil bill today. The bill would only allow for use my children suffering from epilepsy. The news comes as the director of the state's drug agency says he now backs a study that would make the medicine available to sick children.

Drug Testing

Connecticut Public Housing Agency Under Fire for Suspicionless Drug Testing of Applicants. The Norwalk Housing Authority (NHA) requires mandatory, suspicionless drug testing of people applying to live there, and the ACLU of Connecticut is looking for people who want to sue the agency over the issue. "We urge you to repeal this policy because this suspicionless drug testing violates guarantees in the United States and Connecticut constitutions against unreasonable searches and seizures," wrote ACLU staff attorney David McGuire in a December 2013 letter to the Authority. "We would like to hear from any potential tenant who objects to the suspicionless drug test so that we can consider legal action," McGuire said Wednesday. To make matters worse, the NHA is the only housing authority in the country to drug test using hair follicles, which unlike urine or blood samples, can reveal drug use going back weeks or even months.

Law Enforcement

Georgia Judge Convicted of Planting Drugs on Woman. A woman accused a judge of propositioning her when she appeared before him to seek warrants against people who had assaulted her, so he conspired with some local cops to plant methamphetamine in her vehicle and have her arrested. Now, former Magistrate Court Judge Bryant Cochran has been found guilty of conspiracy to distribute a controlled substance, violating the civil rights of a court employee by sexually assaulting her, and witness tampering. He's looking at almost certain federal prison time when he is sentenced in February.


Lawsuit Will Challenge Wisconsin's "Cocaine Mom" Law. A woman who was jailed after admitting past drug use while seeking a pregnancy test and medical help for depression is filing suit to have the state's "cocaine mom" law thrown out. That law allows authorities to detain and force treatment on pregnant women suspected of drug or alcohol use. Tammy Loertscher of Medford is filing the suit with the assistance of National Advocates for Pregnant Women, which says the Wisconsin "fetal protection" law is one of the most sweeping in the nation.


Hungary's Prime Minister Wants Drug Tests for Journalists and Politicians. Hungary's rightist prime minister, Viktor Orban, who has vowed to make the country a "non-liberal" state, called today for mandatory drug testing for journalists and politicians. "The government decided that it will rid Hungary of the drug mafia in this term," Orban said. "Politicians, journalists and those filling positions of public trust have to be included (in the drug tests) because it is clear that those who consume drugs cannot be relied on in the fight against drugs." Orban's statement isn't sitting well with journalists and civil libertarians, with the Association of Independent Journalists calling his proposal "legally and morally deeply outrageous." Earlier this week, the mayor Budapest calling for drug testing teens as well, but that proposal appears have been dropped.

Just a Reminder: Magic Mushrooms Are Now Illegal in Indonesia.Magic mushrooms had long been excluded from Indonesian drug laws, and were openly sold and used, especially in the popular tourist destination of Bali, but that's no longer the case. They are now considered a Type 1 narcotic since the law was revised earlier this year, and police are on a campaign to let people know. "All people who consume and trade in magic mushrooms are violating the Narcotics Law," Denpasar Police drug section head Comr. I Gede Ganefo said recently. "Many people do not yet know that magic mushrooms are illegal and they could face a prison term if they sell or consume them. They think it is all right as they grow naturally in manure," Ganefo said. Police said the informational campaign will become an enforcement campaign starting January 1. "Next month [Jan. 2015], there will be no more tolerance. If we find any people selling or consuming magic mushrooms, we will arrest them. They could face the same charges as those using marijuana and other drugs, a minimum four-year and maximum 12-year prison term," Ganefo said.

Chronicle AM: DC Marijuana Muddle, Feds OK Pot Growing on the Rez, More (12/11/14)

There are conflicting views on the fate of DC's legalization initiative, the Justice Department okays marijuana growing on Indian reservations, Spaniards now support marijuana legalization, and more. Let's get to it:

A New Mexico Indian reservation. There could be a new cash crop coming. (
DC Legalization Still Alive? Democrats Think So. Despite the language Republicans managed to include in the "CRomnibus" federal spending bill interfering with the District of Columbia's right to set its own marijuana policies, several leading Democrats say that the Initiative 71 marijuana possession and cultivation legalization initiative is still alive. House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, who represents DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds D.C.; Rep. Nita Lowey (D-NY), the Ranking Democrat on the House Appropriations Committee; and others have said that the D.C. rider allows Initiative 71 to stand. The D.C. government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.

DC Legalization Still Alive? Republicans Just Say No. While Democrats argue that marijuana legalization was "enacted" by the voters on November 4 and thus will prevail, Republicans beg to differ. They argue that because the initiative has not been transmitted to Congress or passed congressional review, it has not been enacted. "It's pretty clear," said Rep. Andy Harris (R-MD) who led the charge against decriminalizing pot in DC with a rider that was not included in the final bill. "You can't enact anything once the rider's passed. The legalization is not enacted." We probably haven't heard the final word on this just yet.

Justice Department Okays Indian Tribes Growing, Selling Marijuana. In new guidance to US Attorneys, the Justice Department is telling them not to prevent tribes from growing or selling marijuana on tribal lands, even in states that have not legalized it. It is unclear how many tribes will take up the offer; while some see pot sales as a source of potential revenue, others are strongly opposed to the use or sale of marijuana on their lands. The Justice Department will generally not attempt to enforce federal marijuana laws on tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.

Drug Testing

Michigan Welfare Drug Testing Bill Heads to Governor's Desk. A two-bill package that would impose suspicion-based drug testing on some welfare recipients has passed the legislature and now awaits the signature of Gov. Rick Snyder (R). The bills would create a pilot drug testing program to begin by next October. Under the bills, welfare applicants would be screened, and if the screening suggests "reasonable suspicion" they are using drugs, a drug test would be required. Although Republican sponsors said they were concerned about children, Republicans defeated a move to allow an appointed adult to receive funds for children if their parents are disqualified because of drug use.


Poll Finds a Majority of Spaniards Say Legalize Weed. Some 52% of Spaniards are ready to legalize marijuana, according to a new poll from the Foundation for Aid Against Drug Addiction. That's well above previous surveys from the same group conducted in 1999 and 2004. "There has been a development around the image of this drug, which could have contributed to an increase of a more cannabis-friendly population," the foundation noted.

Chronicle AM: DC Pot Battle Unsettled, Federal Racial Profiling Ban, Budapest Drug Testing, More (12/8/14):

DC's marijuana reforms remain under threat from congressional Republicans, Washington state's pot-sellers are feeling burdened by taxes, California doctors reject denying transplants to medical marijuana patients, the Justice Department issued racial profiling guidelines for federal law enforcement, and more. Let's get to it:

House Minority Leader Nancy Pelosi (
Marijuana Policy

Nancy Pelosi Pledges Support for DC Autonomy as Possible Battle Over Marijuana Reforms Looms. At a press conference last Friday, House Minority Leader Nancy Pelosi said she supported the District's autonomy, but stopped short of saying any Republican moves to block the implementation of decriminalization or legalization would be a "deal breaker" on agreement for a broader appropriations package. "I have expressed concerns about treating the District of Columbia in a fair way, respecting home rule," Pelosi said. "I'm not saying any one of them is a deal breaker, but I'm saying this is an array of concerns that we have: clean air, good food standards, workplace safety, fairness to the District of Columbia, how the top line dollar is allocated within the legislation." Rep. Andy Harris (R-MD) is leading a House effort to block federal funds being used for pot law reforms, and the Rep. Harold Rodgers (R-KY), head of the House Appropriations Committee wants to see Harris's amendment included in the appropriations bill. Stay tuned.

Tax Issues Fueling Concerns Among Washington State Pot Retailers. The state's 25% excise tax and the federal government's refusal to let pot businesses to deduct legitimate business expenses -- such as state taxes -- is putting the squeeze on the state's fledgling retail industry. That's helping to contribute to retail marijuana prices that are higher than black market prices, but still not enough to be profitable under the weight of the state and federal taxes. There could be a fix coming in the state legislature; efforts are also underway to change the federal tax code to recognize legal pot businesses.

Medical Marijuana

California Doctors Reject Denying Organ Transplants to Medical Marijuana Patients. The California Medical Association (CMA) voted unanimously this past weekend to urge transplant clinics in the state against removing patients from organ transplant lists based on their medical marijuana status or use. The CMA House of Delegates was in San Diego for its annual meeting, and voted Saturday on Resolution 116-14 in support of patients' ability to remain on transplant lists despite their medical marijuana use. "I am very proud of my colleagues at the CMA, who once again endorsed the principle that medical decision for the benefit of patients be based on science and not moralistic prejudices," said Dr. Larry Bedard, a retired Marin General Hospital emergency physician and 30-year CMA delegate who currently serves on its Marijuana Technical Advisory Committee.

Law Enforcement

Justice Department Unveils Racial Profiling Ban for Federal Law Enforcers. The Justice Department today issued guidelines that will ban federal law enforcement agents from profiling on the basis of race, religion, national origin, and other characteristics. The guidelines cover federal agencies within the Justice Department, including the FBI, the DEA, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. They also extend to local and state officers serving on joint task forces alongside federal agents. The new guidelines will not apply to security screeners in airports and at border checkpoints, nor are they binding on state and local police forces.


Budapest Mayor Wants Mandatory Drug Tests for Teenagers, More. Mayor Mate Kocsis wants mandatory annual drug testing for city teenagers, as well as for elected officials and journalists. He said the idea was to target "those most at risk, decision-makers and opinion-formers." Kocsis is a member of the governing Fidesz Party, whose parliamentary group will discuss his proposal today. In August, Kocsis managed to get a needle exchange program for injection drug users shut down. He has also introduced legislation to ban picking through garbage and sleeping on the streets.

Chronicle AM: INCB Head Frets Over Pot, MS Welfare Drug Test Fiasco, SWAT Fights Back, More (12/5/14)

Global anti-drug bureaucrats are grumbling about marijuana legalization in America, one New York county decides to do asset forfeiture for misdemeanor drug offenses, Mississippi's food stamp drug testing program comes up snake-eyes, the SWAT boys fight to keep their military toys, and more. Let's get to it:

Marijuana Policy

Missouri Legalization Initiative Petition Open for Public Comment. A legalization initiative petition sponsored by Show-Me Cannabis has been submitted to the secretary of state's office, and Missouri residents now have 30 days to comment on the initiative petition. They can do so here (it's Petition 2016-009). This is essentially the same petition submitted a month ago, but has been resubmitted with grammatical fixes.

INCB Head Complains About Legalization in US States. Lochan Naidoo, president of the International Narcotics Control Board (INCB) is concerned about the implications of marijuana legalization in US states. "Legalization for recreational use is definitely not the right way to go," he told Reuters in an interview. "We do know about the damage that cannabis does to the brain," the South African physician said. "I'm not sure how well people are going to be able to protect their children." Naidoo added that the 1961 Single Convention on Narcotic Drugs requires countries to comply with its provisions banning marijuana, and the US should do so in "all its territories."

Asset Forfeiture

New York County Approves Asset Forfeiture for Misdemeanor Drug Cases. Legislators in Orange County Thursday approved a law that allows authorities to seize cash and cars from defendants in misdemeanor drug cases, but only after they have been convicted. The measure passed on a party-line vote with Republicans voting for it and Democrats against despite fierce opposition from sitting Democrats and audience members. DA David Hoovler has portrayed the measure as means of keeping seized assets in the county instead of sending the money to the general fund in Albany, as required under the state's asset forfeiture law.

Drug Testing

Mississippi Welfare Drug Testing Program Has Only Two People Testing Positive. The state law that went into effect in August has so far resulted in 3,656 Temporary Assistance for Needy Families (TANF, the food stamp program) applicants being screened for drug use, 38 being selected for drug testing, and a grand total of two testing positive for drugs. It's not clear how much the state has spent implementing the program, but Cassandra Welchin, policy director of the Mississippi Low Income Child Care Initiative, said the result was clear. "It's just a waste of money," she said. "Poor working families don't need a barrier to services and this is just another barrier."

Law Enforcement

SWAT Lobby Fights Back Against Policing Reforms in Wake of Ferguson. The National Tactical Officers Association (NTOA), which represents more than 1,500 SWAT teams across the country, has mobilized to protect the federal program that provided military surplus equipment to local law enforcement. NTOA sent emails to all 535 members of Congress urging them not to end or tighten up the Pentagon's 1033 program, which transfers equipment including armored vehicles, grenade launchers, and bayonets to local departments. NTOA executive director Mark Lomax has also been busy, reaching out to congressional offices and testifying before both the House and Senate Homeland Security committees. And it looks like it worked -- Congress will take no action on the program as this year's session winds down. Click on the link for much more.

Federal Appeals Court Blocks Florida Governor's Bid to Drug Test Welfare Applicants [FEATURE]

[This article was written in partnership with Alternet, and was originally published here.]

Florida Governor Rick Scott's (R) drug testing crusade hit yet another roadblock Wednesday as a federal appeals court upheld a lower court's ruling that his plan to make welfare applicants submit to mandatory, suspicionless drug tests was unconstitutional.

As other Republican governors -- most notably Scott Walker in Wisconsin and Paul LePage in Maine -- did in this year's election campaign, Rick Scott made drug testing a key campaign promise in his 2010 election campaign. The following year, the Republican-dominated state legislature acceded to Scott's request and passed a welfare drug testing law.

Welfare applicants weren't the only target of Scott's drug testing push. He also sought to impose random, suspicionless drug testing on state employees through an executive order. But that was struck down by the federal courts as violating the Fourth Amendment's proscription against unreasonable searches and seizures. The US Supreme Court denied his appeal of that ruling in August.

And now, the second prong of Scott's drug testing thrust has been struck down. The decision came in Lebron v. Florida Department of Children and Families, in which Navy veteran, college student, and single father Luis Lebron filed for food stamp assistance, but was denied after he refused to undergo a drug test. Supported by the ACLU of Florida and the Florida Justice Institute, Lebron sued to have the law overturned.

Citing a lengthy history of federal court precedents, Lebron's legal team argued that like the random, suspicionless drug testing of state workers, the mandatory, suspicionless drug testing of welfare applicants violated the Constitution's protections against unreasonable searches and seizures. US District Court Judge Mary Scriven agreed, ruling in 2011 that the policy was unconstitutional.

The never-say-die Scott appealed that decision. The 11th Circuit Court of Appeals in Atlanta held a hearing on the case on November 20. It then took less than two weeks to reach its decision.

The bipartisan panel of federal judges ruled unanimously that the state of Florida had failed to provide any evidence that there was a strong government need to strip welfare applicants of constitutional protections.

"We have no reason to think impoverished individuals are necessarily and inherently prone to drug use, or, for that matter, are more prone to drug use than the general population," Judge Stanley Marcus wrote for the court. "The State has presented no evidence demonstrating that drug testing saves a significant portion of TANF funds that could otherwise be spent on drugs," he added, pointing to a 2000 state study that found welfare applicants were less likely to use drugs than the general population and noting that in the three months the drug testing program was in effect, only 2.76% of applicants tested positive.

Florida Gov. Rick Scott gets shot down again on drug testing (
"In the final analysis, the warrantless, suspicionless urinalysis drug testing of every Florida TANF applicant as a mandatory requirement for receiving Temporary Cash Assistance offends the Fourth Amendment. On this record, the State has not demonstrated a substantial special need to carry out the suspicionless search -- we see no concrete danger, only generalized public interests," Marcus wrote.

Marcus also noted that "citizens do not abandon all hope of privacy by applying for government assistance" and that "by virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy." Having to urinate in a cup in front of another person "intrudes upon expectations of privacy that society has long recognized as reasonable," he added.

Nor were the judges buying the state's argument that welfare applicants effectively waived their constitutional rights by consenting to drug tests as a condition of receiving benefits or that the state had a "special need" to protect the children of drug-using welfare applicants.

"[T]he State cannot use consent of the kind exacted here -- where it is made a condition of receiving government benefits -- to wholly replace the special needs balancing analysis," the court held. "We respect the State's overarching and laudable desire to promote work, protect families, and conserve resources. But, above all else, we must enforce the Constitution and the limits it places on government. If we are to give meaning to the Fourth Amendment's prohibition on blanket government searches, we must -- and we do -- hold that [the welfare drug testing law] crosses the constitutional line."

While, given a solid line of federal court setbacks for the law, the 11th Circuit's decision was not exactly a surprise, advocates pronounced themselves well-pleased.

"The 11th Circuit has affirmed that the 4th Amendment applies to everyone, even those applying for government assistance, said Florida Justice Institute executive director Randall Berg. "The same rationale for requiring suspicionless drug tests of TANF recipients could be used to require suspicionless searches for any kind of government benefit, whether it is social security, farm subsidies, or student scholarships. Today, the court has rejected that rationale, drawing a clear line that will keep us from going down that slippery slope."

"We are very pleased by the Court's opinion, which once again makes clear that the US Constitution forbids the State of Florida from subjecting ordinary private citizens to invasive and unwarranted searches," said ACLU of Florida associate legal director Maria Kayanan.

"This is a resounding affirmation of the values that the Fourth Amendment of the U.S. Constitution protects -- that none of us can be forced to submit to invasive and humiliating searches at the whim of the government, and that the Constitution protects the poor and the wealthy alike," she continued. "The Court has once again confirmed what we argued all along: that the state of Florida cannot treat an entire class of people like suspected criminals simply because they've asked the State for temporary assistance."

While the federal courts have been clear that, with limited exceptions, mandatory, suspicionless drug testing violates the Constitution, Republican governors and legislators in other states have responded by passing public benefits drug testing laws that can pass constitutional muster by first establishing some sort of "reasonable suspicion" before requiring drug testing. According to the National Council of State Legislatures, at least 11 states have done so.

The results have not been particularly impressive. In Kansas, only 20 people have been tested in the first four months the law has been in effect; four failed the drug test. Next door in Missouri, the state is spending $336,000 a year on its welfare drug testing. It has tested 655 people; 69 failed the drug test. But 711 others refused to take it. In Utah, a year after it passed a 2012 welfare drug testing law, the state had spent $30,000 to drug test applicants, but only came up with 12 who tested positive. In Tennessee, where a similar law went into effect this year, the state has tested 800 applicants, with only one person testing positive.

But whether public benefits drug testing programs actually either save states money by reducing welfare rolls or help families by encouraging recipients to go straight is probably not as important to politicians as the political calculus behind them. With its coded appeal to racial and class hostilities wrapped in a guise of caring and fiscal responsibility, it's a red meat issue for the Republican base.

Atlanta, GA
United States

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