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Medical Marijuana Update

A federal agency has given the okay for researchers to buy marijuana from NIDA for a PTSD study, which is a first, those CBD medical marijuana bills keep moving in heretofore medical marijuana-unfriendly states, an effort to fold Washington state's medical marijuana system into its general legalization scheme has failed, and more. Let's get to it:

National

Last Friday, HHS granted permission for researchers to purchase marijuana from the National Institutes on Drug Abuse (NIDA) for a study of marijuana as a treatment for the symptoms of PTSD in US war veterans. That's the first time this has happened. The research is sponsored by the Multidisciplinary Association for Psychedelic Studies (MAPS). The DEA must still approve, but MAPS says it is "optimistic they will approve the study in a timely manner."

Also last Friday, ASA announced its second annual conference. The Americans for Safe Access Unity Conference will take place in Washington, DC, on April 5-7. Click on the link for more details.

Alabama

On Tuesday, a CBD medical marijuana bill was approved by a House committee. The bill has passed the Senate after being amended to become a research bill on the impact of using a marijuana derivative. Senate Bill 174 passed the House Judiciary Committee and now awaits a House floor vote.

Arkansas

Last Friday, advocates for a medical marijuana initiative said they had collected 15% of the signatures needed to qualify for the November ballot. Arkansans for Compassionate Care said they have about 10,000 signatures. They need 62,000 to make the ballot, and have until July 7 to do so. A similar initiative was narrowly defeated there in 2012.

California

Last Wednesday, opponents of Butte County's recent cultivation ordinance handed in some 12,000 signatures on a petition to abolish it. The February ordinance limited the size of outdoor gardens to 50 square feet on properties from a half-acre to five acres in size. Petitioners need only 7,600 of the signatures to be found valid, which would then force county supervisors to take up the matter again. In the meantime, enforcement of the ordinance is on hold.

On Tuesday, Shasta County supervisors voted to put a ban on marijuana growing to the voters. The supes had voted to ban all outdoor cultivation, but a successful petition drive to challenge the ordinance forced them to reconsider. They could have just repealed the ban, but instead voted unanimously to put it on the November ballot and let the voters decide.

Georgia

Last Wednesday, a CBD medical marijuana bill was approved by a Senate committee. The Senate Health and Human Services Committee unanimously approved House Bill 885, which would allow patients to use CBD-based cannabis oils. It also amended the bill to allow parents to bring the oil into the state without facing penalties. The bill has already passed the House and now awaits a Senate floor vote.

Iowa

On Monday, a new poll had support for medical marijuana at 81%. The Quinnipiac Poll results are dramatically different from a recent Iowa Poll, which found 59% of Iowa adults said they supported "legalizing marijuana for medicinal purposes." But no matter what the polls say, medical marijuana bills get no traction in the Hawkeye State.

Kentucky

On Wednesday, a CBD medical marijuana bill passed the Senate. The Senate passed a bill allowing doctors to prescribe and patients to use CBD cannabis oil for medical reasons. The bill passed with no opposition. Senate Bill 124 now goes to the House.

Maryland

On Tuesday, the House passed a full-on medical marijuana bill. The House overwhelmingly approved House Bill 1321, which includes dispensaries. The bill now goes to the Senate.

Nevada

Last Friday, the Board of Health approved regulations for dispensaries. They are allowed under a law passed last year, which goes into effect April 1. It's not quite a done deal; they must undergo a final review by the Legislative Commission on March 28. After final approval, there will be a 45-day notice announcing the date applications will be accepted. Once the application period opens, there will only be a 10-day window for accepting them. After the application period closes, the state must make a decision on each application within 90 days of receiving it.

South Carolina

Last Thursday, a CBD medical marijuana bill won a Senate subcommittee vote. The bill must still pass a committee vote before going to the Senate floor. Meanwhile, companion legislation is advancing in the House. The bill would allow the use of CBD cannabis oil for those suffering from epilepsy.

Utah

Last Thursday, a CBD medical marijuana bill passed the Utah legislature. House Bill 105 now goes to the desk of Gov. Gary Herbert (R). It would allow children with epileptic seizures to use CBD cannabis oil.

Washington

Last Thursday, an effort to fold the state's medical marijuana system into its marijuana legalization scheme died in the legislature. Lawmakers were seeking to establish regulation of the medical market as the state's new voter-approved recreational market is about to take hold this summer. The week before, the Senate passed a measure that moved to merge the medical with the still-developing legal recreational market. It would have eliminated unlicensed dispensaries, established a patient registry, and reduced the amount of marijuana patients could grow and possess. That leaves the unregulated industry in a sort of limbo.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM -- March 19, 2014

Fewer people are getting arrested for marijuana possession in Washington state after legalization -- imagine that! -- Kansas legislators want to drug test teachers, a New Jersey heroin and opiates panel has recommendations, Russell Brand goes to Vienna, and more. Let's get to it:

Russell Brand speaks out for drug decriminalization at the CND in Vienna. (wikimedia.org)
Marijuana Policy

Oregon GOP Gubernatorial Candidate Says Legalize It. Republican gubernatorial candidate Tim Carr says he favors legalizing and taxing recreational marijuana use and would spend the proceeds on helping the homeless and others in need. Carr is one of six Republicans running in the primary to determine who takes on incumbent Democrat John Kitzhaber. He's not the front-runner; that distinction goes to state Rep. Dennis Richardson.

Massachusetts Poll Has Near Majority for Legalization.A new WBUR TV poll shows increased support for marijuana legalization, with 48% in favor and 41% opposed. A Boston Herald/Suffolk University poll showed majority support for the first time. These two polls suggest that attitudes toward legalization in the Bay State have moved in a positive direction in the past year.

Washington State ACLU Reports Big Drop in Pot Arrests. Misdemeanor marijuana possession arrests plummeted last year, the ACLU of Washington reported today. There were just 120 such arrests last year after legalization went into effect, compared to 5,531 the year before. But black people are still getting arrested for pot possession more often. They're getting popped at a rate three times that of whites, the ACLU said.

National Cannabis Industry Association to Host Marijuana Business Summit. The NCIA will hold its first national conference, the Cannabis Business Summit, June 24-25 in Denver. Click on the links for more details.

Medical Marijuana

Alabama CBD Medical Marijuana Bill Advances. A bill that would study the impact of using a marijuana derivative to treat seizures is one step closer to becoming state law. Senate Bill 174 passed the House Judiciary Committee after it was amended in the Senate last week.

Drug Testing

Kansas School Teacher Drug Testing Bill Passes Senate. A bill that requires drug testing of school employees and affirms the firing of educators convicted of DUI, drug crimes, and other offenses passed the state Senate Tuesday. Senate Bill 335 was approved after Senate Democrats successfully offered an amendment that would subject members of the House and Senate to treatment requirements and financial sanctions mirroring those in state law for the unemployed or those on cash aid. The welfare drug testing law passed last year also included elected representatives, but contained no provisions for sanctioning them or requiring they seek help. The bill now goes to the House.

Heroin

Kentucky Omnibus Heroin Bill Stuck in House. A bill that would both enact harm reduction measures and crack down on heroin-selling offenses is stuck in the House Judiciary Committee. Senate Bill 5 would let drug dealers be charged with murder if the sale of Schedule I drugs results in death and increases penalties for high-volume heroin dealers. It also seeks increased Medicare funds for drug treatment, access to the overdose reversal drug naloxone, and a 911 Good Samaritan provision. The Senate passed the bill in January.

New Jersey Heroin Task Force Calls for Broad Reforms. A governor's task force on heroin and opiate use called for a wide array of reforms, saying it is "time to confront our demons." According to The Newark Star-Ledger, which obtained an advance copy, the panel's report calls for tighter prescription pill monitoring laws, changes in the state's insurance system to make treatment more available, and expanded use of drug treatment recovery communities.

Sentencing

California Bill Would Equalize Crack and Powder Cocaine Sentences. A bill filed by state Sen. Holly Mitchell (D-Culver City) would cut prison sentences for people convicted of selling crack to bring them in line with sentences for people convicted of selling powder cocaine. Senate Bill 1010 was introduced last month, but amended Monday. It is before the Senate Rules Committee.

International

In Vienna, Russell Brand Joins "Support, Don't Punish" Campaign. British actor and comedian Russell Brand spoke at the UN Commission on Narcotic Drugs in Vienna today and publicly joined forces with the Support, Don't Punish campaign to decriminalize drug possession and end the imprisonment and punishment of people who use drugs.

Senior Mexican Anti-Drug Official Resigns. Manuel Mondragón y Kalb, Mexico's national security commissioner and one of the most senior officials in charge of the country's counternarcotics fight, has resigned "for personal reasons." The National Security Commission (CNS), which falls under the Interior Ministry, was created by President Enrique Peña Nieto in January 2013 to replace the Secretariat of Public Security. The CNS, which is in charge of the Federal Police, is behind schedule in its task to create a National Gendarmerie to bolster the country's counter-narcotics fight, which is one of Peña Nieto's campaign promises.

(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 -- March 18, 2014

Federal drug prosecutions are declining, marijuana legalization moves forward in the Northeast, Pennsylvania counties pay for taking babies away from mothers over false positive drug tests, and more. Let's get to it:

Declining federal drug prosecutions could have an impact here. (supremecourt.gov)
Marijuana Policy

New Hampshire Legalization Bill Moves Forward. A bill to legalize and regulate marijuana like alcohol has passed out of the House Ways and Means Committee after the committee adopted an amendment to simplify the tax structure and improve regulations. House Bill 492 then got a "no pass" from the committee, but now goes to the House floor for a second vote. The House already approved the bill in January, after overturning a similarly negative recommendation from the Criminal Justice and Public Safety Committee. If it passes the House again, it then goes to the Senate.

New Jersey Legalization Initiative Bill Introduced. Assemblymen Reed Gusciora (D-Trenton) and Michael Patrick Carroll (R-Morris Plains) have introduced Assembly Bill 2842, a bill that, if approved by the legislature and signed by the governor, would put the decision on whether to legalize marijuana in the hands of the voters. The bill would legalize the possession of up to an ounce of marijuana and related paraphernalia. It does not address taxation or allow for commercial sales.

Medical Marijuana

Maryland House Passes Medical Marijuana Bill. The House Monday overwhelmingly approved a bill that would make Maryland a full-fledged medical marijuana state. House Bill 1321 now moves to the Senate.

Drug Testing

Pennsylvania County Pays for Taking Baby from Birth Mother Over False Positive Drug Test. Lawrence County Children and Youth Services has settled, for $160,000, a lawsuit filed by a woman whose child was taken away following a false positive opiate test apparently caused by pasta salad. It's not the first time, either. Last July, Jameson Hospital and Lawrence County Children and Youth Services agreed to pay $143,500 to settle a similar lawsuit filed by a woman whose infant was taken by a false positive drug test apparently caused by consumption of a poppy seed bagel. A third local case is also pending. Last week, another woman Magee-Womens Hospital of UPMC, saying a false positive drug test apparently spurred by poppy seeds in farmer's market bread resulted in an Allegheny County Children Youth and Families investigation of her family.

Drug Policy

Maine Hearing Sees Criticism of Governor's Law Enforcement-Heavy Drug Policy. The legislature's Criminal Justice and Public Safety Committee Monday heard strong criticism of Gov. Paul LePage's (R) recently announced plan to address drug problems in the state by ratcheting up law enforcement. Throughout the hearing on Legislative Document 1811, speakers also highlighted the need to balance new enforcement with drug treatment programs and additional funding for the state's corrections system.

Law Enforcement

Federal Drug Prosecutions Declining. The Transactional Records Access Clearinghouse reports that the monthly count of federal prosecutions for narcotics/drugs offenses has reached its lowest level since May 2000. The latest available data from the Justice Department show there were 1,487 new prosecutions in this category in January 2014, down 7.8% from the previous month and down 11.5% from the year before. The number observed during the most recent six month period appears to be the lowest seen since the end of the Reagan Administration.

New Synthetic Drugs

Minnesota Synthetic Drug Bills Moving. Bills that would grant the Board of Pharmacy the cease and desist authority to prevent the sale of synthetic drugs are moving forward in the Minnesota Legislature. House File 2446 has passed two committees and is now being heard in the Judiciary Finance and Policy Committee In the Senate, a companion bill was heard in the Health, Human Services and Housing Committee and passed on a voice vote. It now moves on to the Judiciary Committee.

International

Mexican Anti-Cartel Vigilantes Now Complain Government is Persecuting Them. Vigilante groups in the western state of Michoacan who rose up against the Knights Templar cartel with the tacit approval of the Mexican government now say they are being persecuted not only by criminals, but also by the government. The vigilantes complained publicly Sunday, a day after the Mexican government said it was going to "put a stop" to them. The government had bruited plans to fold them into a rural security force, but now no longer seems to need them.

Chronicle AM -- March 17, 2014

Alaska state agencies complain that legalization will cost money (and they want some of it), Vermont cops complain the governor is soft on pot, federal prosecutors complain about reforming mandatory minimums, and more. Let's get to it:

What will keep this Rasta smiling? Jamaican ganja farmers have some ideas. (wikimedia.org)
Marijuana Policy

California Cannabis Hemp Initiative Dead for 2014. The number of active marijuana legalization initiatives in California has dropped to one after the California Cannabis Hemp Initiative failed to qualify for the ballot by its signature-gathering deadline. That leaves only the Marijuana Control, Legalization & Revenue Act, which, barring a miracle, isn't going to make the ballot, either. It needs 504,000 valid voter signatures by April 18, but only has 10,000. The big money is waiting for 2016 in California.

FBI Refuses to Do Washington State Marijuana Industry Background Checks. The FBI is refusing to do criminal history background checks on people applying for legal marijuana licenses in Washington state, even though it has done such checks in Colorado. The agency has balked for the past year at requests from state officials, and refused to tell the Associated Press why. The state has issued three licenses so far; for those, they relied on background checks by the Washington State Patrol, which would catch in-state criminal convictions, but might miss out-of-state ones.

Alaska Agencies Claim Legalization Will Cost Millions. In a new report, Alaska state agencies said that if the marijuana legalization initiative passes there, it will cost the state between $3.7 million and $7 million to implement and enforce the new law. Included in that figure are law enforcement requests for "at least three additional Alaska State Trooper positions to target the illegal diversion and exportation of marijuana lawfully cultivated in Alaska" and nearly $1.5 million for a media campaign to warn of stoned driving and training for troopers to recognize when a driver is high. The report doesn't address increased tax revenues from legalization.

Vermont Cops Accuse Governor of Being Soft on Pot. The Vermont Association of Chiefs of Police, Vermont Sheriffs Association and the Vermont Police Association said in a press release Friday that they are united against efforts for marijuana legalization and that, while they have previously expressed concern about Gov. Peter Shumlin's (D) "tolerance of marijuana," their concerns had been ignored. They also called marijuana "a gateway drug."

Washington Legislature Approves Sale of Hash and Hash Oil. The state legislature has approved a bill that would legalize the sale of hashish and hash oil at state-licensed marijuana retail outlets.House Bill 2304 now goes to the desk of Gov. Jay Inslee (D).

Medical Marijuana

HHS Gives Go-Ahead for MAPS PTSD Research Study. The federal Department of Health and Human Services granted permission Thursday for the Multidisciplinary Association for Psychedelic Studies (MAPS) to purchase research-grade marijuana from the National Institute on Drug Abuse (NIDA) for its planned study of marijuana for symptoms of PTSD. MAPS notes that this is the first time in the 22 years it has been trying to start marijuana drug research that it has actually won permission to purchase marijuana from NIDA. It's not quite a done deal yet, though; the DEA still as to approve. MAPS said it was "optimistic" DEA would do so.

Florida Poll Shows Strong Support for Initiative. A University of North Florida poll released Monday has the state's medical marijuana amendment initiative well-positioned to win in November. The initiative has already qualified for the ballot. The poll had 74% of registered voters planning to vote for it. Because it is a constitutional amendment, it will need 60% approval to pass.

Iowa Poll Has Support for Medical Marijuana at 81%. In a new Quinnipiac Poll, 81% of Iowa voters said they would support "allowing adults in Iowa to legally use marijuana for medical purposes if their doctor prescribes it." Even among Republicans, 68% agreed. That's in sharp contrast to a recent Iowa Poll that had only 59% supporting "legalizing marijuana for medicinal purposes."

Michigan Chamber of Commerce Wants No Jobless Benefits for Fired Medical Marijuana Users. Michigan's leading business group is urging the state appeals court to rule out jobless benefits for people who are fired for using medical marijuana. The move comes as the court weighs the cases of people who sought benefits after being fired for using medical marijuana. Lower court judges have ruled in favor of the workers, who argued that they shouldn't be denied benefits after losing their jobs for using marijuana legally under state law.

Arkansas Medical Marijuana Initiative Has 15% of Necessary Signatures. A signature-gathering campaign to put medical marijuana on the November ballot has collected about 15% of the signatures needed to qualify, Arkansans for Compassionate Care said on Thursday. The initiative is one of two gathering signatures this year. It has until July 7 to hand in 62,000 qualified signatures, and has about 10,000 so far.

Nevada Board of Health Approves Dispensary Regulations. The Board of Health gave its approval Friday to rules to regulate new dispensaries. The next and final step is approval by a legislative commission on March 28. A 2013 law allowing dispensaries goes into effect April 1. But even then, there will be a 45-day notice announcing the date applications will be accepted. Once the application period opens, there will only be a 10-day window for accepting them. After the application period closes, the state must make a decision on each application within 90 days of receiving it. And then dispensaries have to grow their supply. Maybe by year's end…

Drug Policy

House Passes Bill to Force President to Enforce Federal Drug Laws. The Republican-controlled US House last week passed the Enforce the Law Act (House Resolution 4138), which would allow Congress to sue the president for failing to execute federal laws. While the bill is a broad attack on the Obama administration, one key supporter, Rep. Bob Goodlatte (R-VA), singled out the "selective non-enforcement" of part of the Controlled Substance Act in medical marijuana and legal marijuana states as a major concern. Democratic Senate Majority Leader Harry Reid (D-NV) said the bill was "dead on arrival" in the Senate.

Law Enforcement

Nevada County Settles Up in Interstate-80 Cash Seizure Cases. Humboldt County, Nevada, where sheriff's deputies developed a habit of stopping travelers on I-80 and seizing their cash through threats of arrest or impoundment even though no drugs were found, has settled a lawsuit over the practice. Two men from whom thousands of dollars were taken sued and have won their money back and attorneys' fees. The county District Attorney's Office also said Friday it had launched an internal review of the county's "forfeiture program," but that it had seen no evidence of illegal stops or other wrongdoing on the part of Sheriff Ed Kilgore or his deputies. The lawsuits claimed the cash seizures were part of a pattern of stopping drivers for speeding as a pretext for drug busts in violation of the Constitution.

Illinois Bill to Ban Kratom Filed. Rep. Dennis Reboletti (R-Elmhurst) has filed a bill to outlaw kratom, a Southeast Asian herb with psychoactive properties. The plant is not banned federally, although the DEA has it on its list of "drugs of concern." Indiana is the only state so far to have criminalized it, designating its active ingredients as controlled substances. The Illinois bill is House Bill 5526.

Sentencing

Some Federal Prosecutors Oppose Eliminating Mandatory Minimums. Attorney General Holder's move to eliminate mandatory minimum sentences for most drug offenders is running into flak from some prosecutors, The Washington Post reported Thursday. They complained that "tough sentencing policies provide a critical tool to dismantle drug networks by getting cooperation from lower-level defendants and building cases that move up the criminal chain of command." The prosecutors spoke out at a hearing of the US Sentencing Commission where Holder endorsed changing federal sentencing guidelines to reduce drug sentences in most cases.

International

NGOs to Address Inter-American Human Rights Commission on Drug Policy and Human Rights. For the first time, the Inter-American Human Rights Commission has granted an audience to hemispheric civil society groups to address the impact of the war on drugs on human rights in the Americas. The audience will take place in Washington, DC, on March 25. Click on the link to see the impressive list of organizations that will participate.

Jamaican Rastas Want Legal Marijuana Monopoly. The newly formed Westmoreland Hemp and Ganja Farmers Association said licenses to grow and sell marijuana upon legalization should be limited to Rastafarians and other poor people, who have been victimized for decades for cultivating the herb. "We will not stand by and watch anybody outside of Rastafari and grassroots people take over this product. And we make no apology," association President Ras Iyah V declared during his address at the launch of the organisation at the MXIII Lawn in Negril on Sunday night. "We are saying this loud and clear to the Government, we are saying it to society, and we are saying it to the international community. Otherwise, we will take to the streets and turn Jamaica upside down -- and we make no apology. Because we not going take baton lick and brutality and all of a sudden now when the legalization aspect come, a some rich people come tek it ova -- people who used to scoff and scorn at the very mention of the herb name ganja," he added. "The WHGFA's objectives are to make sure that those who have paid the price -- who have been going to jail, going to prison, getting the baton licks, who have been planting the herb and it get cut down by police and soldiers, and yet have been persistent with this product -- that the rights of these individuals are protected."

Mexico Moves to Rein In Anti-Cartel Vigilantes. Leery of having created a Frankenstein monster, Mexican authorities moved last week to put anti-cartel vigilante groups on notice that their illegal tactics will no longer be tolerated. Locals who saw the vigilantes as saviors from cartel extortion and threats now complain of similar behavior from the vigilantes, and the government says it now no longer needs them. Several vigilante leaders have been arrested on murder and other charges.

Chronicle AM -- March 14, 2014

No legalization for Maryland this year, the ASA national conference is coming soon, Utah (!) passes a package of policing reform bills, welfare drug testing goes down in flames in Indiana, the Swiss ponder cannabis clubs, and more. Let's get to it:

A bill before Utah's governor would begin to rein in SWAT in the Beehive State. Only Maryland has done something similar.
Marijuana Policy

Michigan Activists Plan Slew of Local Reform Initiatives. Marijuana reform activists are planning "a tsunami move in November 2014," with plans to put initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older on the local ballot in at least eight towns and cities, and perhaps a dozen more. The Safe Michigan Coalition, the folks behind successful initiatives in Lansing, Ferndale, and Jackson last year, are also behind this effort.

NORML PAC Endorses Tommy Wells for DC Mayor. NORML PAC, the campaign and lobbying arm of NORML, announced today that it is endorsing Councilman Tommy Wells for mayor of Washington, DC. "Councilman Wells is a passionate crusader for the cause of marijuana law reform," stated NORML PAC manager Erik Altieri, "Wells showed his skill and acumen for the issue when he championed the District's marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor's office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation."

Maryland Legalization Bill Dies, But Decriminalization Bill Still Lives. A bill that would have legalized marijuana in Maryland, House Bill 880 from Rep. Curt Anderson (D-Baltimore), died for lack of support in committee yesterday, but a decriminalization bill, Senate Bill 364, filed by Sen. Robert Zirkin (D-Montgomery) passed the Senate and is now before the House Judiciary Committee.

Colorado Appeals Court Rules Some Marijuana Convictions Can Be Thrown Out. Some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in Colorado, the state's second-highest court ruled Thursday. The Colorado Court of Appeals said people whose cases were under appeal when Amendment 64 on recreational marijuana took effect in December 2012 are eligible to have their convictions reversed. The case is Colorado v. Brandi Jessica Russell.

Medical Marijuana

ASA National Conference in Washington, DC, April 5-7. The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), formally announced today its second annual Unity Conference, "Navigating Medical Cannabis in the Mainstream," to be held in Washington, DC on April 5-7, 2014. The conference will highlight medical and legal experts, policymakers, and a wide array of workshops and panels focusing on scientific research, strategic planning, and skills building. Click on the links for more details.

Washington Medical Marijuana Regulation Bill Dies. A legislative effort to roll Washington's medical marijuana program into its I-502 legal marijuana system has died at the last minute after House Republicans tried to use it to divert a share of marijuana tax revenue to cities and counties. Senate Bill 5887 sponsor Sen. Ann Rivers (R-La Center) said the bill was doomed by "immovable positions" even after a last-minute push by the governor. The bill would have required existing dispensaries to either get legal under I-502 or close, would have ended collective gardens, and would have reduced the amount of marijuana patients could possess and the number of plants they could grow.

Utah CBD Medical Marijuana Bill Passes Legislature. A bill that would allow children with epilepsy to use CBD cannabis oil has passed the legislature and now heads for the governor's desk. House Bill 105 won final approval in the House Thursday.

Drug Testing

Pre-Job Offer Drug Tests Violate ADA, Federal Court Rules. Pre-offer drug tests to determine the use of both legal and illegal drugs violates the Americans with Disabilities Act's (ADA) prohibition on pre-offer medical inquiries, a federal court in Pennsylvania ruled last week. The ADA contains an exception for tests solely "to determine the illegal use of drugs," but the court held that the urine drug screens qualified as medical exams because they tested not just for drugs but also for other medical purposes. The case is EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center.

Indiana Welfare Drug Testing Bill Dies on Ties Vote in Senate. A bill to drug test welfare recipients suspected of using drugs died last night on a dramatic tie vote in the Senate. Senate Bill 1351 had already passed the House by a margin of 81-17, but Senate opponent said the measure unfairly targeted poor people and that other states that have adopted such programs have found they were not cost effective.

Law Enforcement

Utah Legislature Passes Policing Reform Bills. Three bills to impose some controls on law enforcement have been sent to the governor's desk in Utah. House Bill 70 originally would have limited the use of "dynamic entry" search warrants to situations involving violent crime, but was watered down. It still, however, imposes some restrictions on such searches. Senate Bill 185 would require police agencies with SWAT teams to report on why and how often they are used. Only Maryland has approved a similar law. And House Bill 185 requires police to obtain a warrant before searching the contents of a cell phone, including bulk data collection through technologies like Stingray.

Drugged Driving

Drugged Driving Bill Passes Vermont House. A bill that makes it easier for police to charge drivers with drugged driving passed the House Thursday. House Bill 501 changes existing law to use the same definition of "under the influence"of drugs as has been established for alcohol. Under current law, drugged driving can only be proven if someone drives unsafely, but the proposed law would change that to enable a conviction "when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug." The state Supreme Court has held that any drug presence constitutes "under the influence." The bill now heads to the Senate.

International

Swiss Cities Consider Backing Cannabis Clubs. Municipal governments in at least five Swiss cities are considering plans to allow "cannabis clubs" or user associations. Local governments in Basel, Bern, Geneva, Lausanne, and Zurich are contemplating the move, with Geneva taking the lead. A working group will present a final proposal to authorities in June, but the move would require changes in federal law.

British Deaths From New Synthetics "Inflated," Former Drug Advisors Say. The National Program on Substance Abuse Deaths (NSPAD) reported 68 deaths in 2012 from the use of "legal highs" or new synthetic drugs, but two former government drug advisors say that figure includes many deaths from substances that "are already illegal, not new, and/or not psychoactive." Professor David Nutt and Dr. Les King of the Independent Scientific Committee on Drugs said only 11 of the 68 deaths actually occurred with new synthetics. "What is certain is that if the current government review of legal highs is to be taken seriously and lead to health improvements then there must be a proper definition of terms and improved data collection," they said. "Moreover the data must be properly and independently audited so the effects of any change in the law can be properly evaluated."

(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 -- March 13, 2014

Attorney General Holder endorses federal drug sentencing reductions, CBD medical marijuana bills move in the South, a New Hampshire decriminalization bill advances, Zohydro may get some competition, and the UN is generating plenty of news, and more. Let's get to it:

Attorney General Eric Holder endorses federal drug sentence reductions. (usdoj.gov)
Marijuana Policy

Marylanders Rally for Legalization. Nearly 100 supporters of sweeping changes in Maryland's marijuana laws rallied in Annapolis Thursday before planned legislative hearings on bills to legalize -- or at least decriminalize -- possession of the drug. The House Judiciary Committee is hearing a series of marijuana reform bills this afternoon, including a legalization bill (House Bill 880) from Rep. Curt Anderson (D-Baltimore).

Maryland Poll Has Slim Majority for Legalization. As the legislature considers marijuana reform bills, a new Goucher Poll has support for legalization at 50.1%, with 39.4% opposed. The poll also had a whopping 89.6% in favor of medical marijuana.

New Hampshire Decriminalization Bill Passes House. The House approved a decriminalization bill by a veto-proof margin Wednesday. House Bill 1625, sponsored by Rep. Adam Schroadter (R-Newmarket) and a bipartisan group of seven cosponsors including Sen. Jeff Woodburn (D-Dalton), would make possession of up to one ounce of marijuana punishable by a civil fine of up to $100. It would also make cultivation of up to six plants a Class A misdemeanor instead of a felony. Currently, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Now, it's on to the state Senate.

Medical Marijuana

Kentucky Senate Approves CBD Medical Marijuana Bill. The Senate passed a bill allowing doctors to prescribe and patients to use CBD cannabis oil for medical reasons Wednesday. The bill passed with no opposition. Senate Bill 124 now goes to the House.

Georgia Senate Committee Approves CBD Medical Marijuana Bill. The Senate Health and Human Services Committee unanimously approved House Bill 885, which would allow patients to use CBD-based cannabis oils. It also amended the bill to allow parents to bring the oil into the state without facing penalties. The bill has already passed the House and now awaits a Senate floor vote.

South Carolina Senate Panel Approves CBD Medical Marijuana Bill. A subcommittee of the Senate Committee on Medical Affairs approved a bill allowing people suffering from epilepsy to use CBD cannabis oil Wednesday. Senate Bill 1035 still needs to pass the full committee. Similar legislation is moving in the House.

Hemp

Tennessee Hemp Bill Wins House Committee Vote. A bill that would allow the cultivation of hemp for research purposes passed the House Agriculture and Natural Resources Committee Wednesday. House Bill 2445 now heads for the House Finance Ways and Means Committee.

Drug Testing

Mississippi Food Stamp Drug Testing Bill Heads to Governor. A bill that would require applicants for Temporary Assistance for Needy Families (TANF) to undergo drug testing if there is a suspicion they are using drugs passed the Senate Wednesday and now goes to the desk of Gov. Phil Bryant (R), who has made it a keystone of his legislative agenda. House Bill 49 passed the Senate after debate in which supporters couched the program as an additional benefit that could help somebody struggling with addiction, while opponents said it was unfairly singling out the poor.

ASAM White Paper Calls for Vastly Expanded Drug Testing. The American Society for Addiction Medicine (ASAM) has published a white paper by former NIDA director and present day drug testing consultant Robert Dupont calling drug testing "underutilized" and arguing it should be expanded to be include people of all ages in virtually all aspects of daily life. The totalitarian vision is ably critiqued by NORML drug testing expert Paul Armentano (click the title link), as well as by progressive talk radio host Thom Hartman, who countered Dupont with an op-ed entitled "It's Time to End All Drug Testing." Both Armentano's and Hartman's critiques are worth the read.

Prescription Opioids

Oxycontin Maker Offers Alternative to Zohydro. Purdue Pharma, the manufacturer of Oxycontin, says it has completed testing of an abuse-resistant version of the painkiller hydrocodone, a surprise development that could derail sales of the recently launched Zohydro, a similar medication that has been criticized for lacking such safeguards. Purdue Pharma says it plans to submit its extended-release hydrocodone drug to the Food and Drug Administration later this year. Shares of rival Zogenix Inc. plunged more than 20% after the announcement, which appears to jeopardize sales of the company's just-launched drug Zohydro. Zogenix began shipping Zohydro to pharmacies last week.

Sentencing

Attorney General Holder Endorses Proposal to Cut Federal Sentences. US Attorney General Eric Holder today endorsed a proposal from the US Sentencing Commission to reduce the sentences of people convicted of federal drug trafficking offenses by about a year, from an average of 62 to months to an average of 51 months. "This overreliance on incarceration is not just financially unsustainable," Holder said. "It comes with human and moral costs that are impossible to calculate."

International

Listen to the UN Commission on Narcotic Drugs Sessions. You can do it by clicking on the UNODC's webcast page at the link above. Also, Oregon activist Doug McVay has uploaded audio of the second part of today's plenary session here. There will be more updates on McVay's weekly Drug War Facts podcast.

UNODC Panel Says Criminalizing Drug Use "Not Beneficial". Today, a key working group of the United Nations Office on Drugs and Crime (UNODC) announced the release of groundbreaking recommendations discouraging criminal sanctions for drug use. The Scientific Consultation Working Group on Drug Policy, Health and Human Rights of the UNODC -- which includes Nora Volkow, head of the US National Institute on Drug Abuse (NIDA) -- is releasing the recommendations at the High-Level Segment of the 57th UN Commission on Narcotic Drugs. The working group recommendations say "criminal sanctions are not beneficial" in addressing the spectrum of drug use and misuse.

UNODC Sees "Serious Setbacks" in Fight Against Drugs. Addressing the opening session of the Commission on Narcotic Drugs (CND), UN Office on Drugs and Crime (UNOC) head Yury Fedotov said the global fight against drugs had suffered "serious setbacks," including record opium crops in Afghanistan, violence linked to drug trafficking in Central America, and weak West African states succumbing to the blandishments of traffickers. While he said legalization was no solution, he did add that: "A public health response to the drug use problem should consider alternatives to penalization and incarceration of people with use disorders."

Caricom Creates Commission to Study Marijuana Legalization. The leaders of the Caricom Caribbean trade bloc announced today that they are creating a commission to study the impact of legalizing marijuana. The move came at the end of a two-day summit where members discussed a preliminary report on decriminalization. The commission is charged with presenting its report in early July for a Caricom summit in Antigua.

Iran Executed More Than 300 People for Drugs Last Year, Report Says. A report from the nonprofit group International Campaign for Human Rights in Iran released Wednesday says Iran executed 331 people on drug-related charges last year. The drug executions accounted for almost half of all executions in the Islamic Republic, the report found. The UN Office on Drugs and Crime sponsors anti-drug programs in Iran, and is under increasing pressure from European donor countries to put in place measures to stop its support from contributing to the death penalty.

Dire Prospects for Afghanistan Drug War, Analysis Finds. A new analysis from Alex Pollard-Lipkis of Foreign Policy in Focus finds that "if costly drug war strategies in Afghanistan have been unsuccessful even with a strong US military presence, they won't stand a chance after the US withdraws." The analysis critiques contemporary US approaches and peeks into the post-US future. Click on the title link to read the whole thing.

Medical Marijuana Update

Marijuana and epilepsy are in the news, Sanjay Gupta strikes again, and state houses across the country are grappling with medical marijuana and CBD bills. Let's get to it:

National

Last week, GW Pharmaceuticals announced that the FDA had granted orphan drug designation to a cannabis-based drug developed to treat childhood-onset epilepsy, The drug, called Epidiolex, contains a highly purified, plant-derived form of cannabidiol (CBD), a non-psychoactive compound found in marijuana that doesn't produce the "high" sensation associated with THC, the plant's main psychoactive ingredient. CBD has long been used as a treatment for Dravet syndrome, a rare and severe form of epilepsy in children, and GW Pharmaceuticals sees Epidiolex as useful in treating both Dravet and Lennox-Gastaut syndrome (LGS), another rare form of childhood epilepsy.

On Tuesday, CNN's Dr. Sanjay Gupta aired a new special on medical marijuana. The special, Weed 2: Cannabis Madness: Dr. Sanjay Gupta Reports was preceded by an op-ed in which Gupta "doubled down" on his support for medical marijuana.

On Wednesday, the AHP released a scientific review on epilepsy. The American Herbal Pharmacopoeia released Cannabis in the Treatment of Epilepsy, which compiles much of the leading and historical research on epilepsy and cannabis (medical marijuana) for use by scientists, physicians, patients, and parents, as well as those producing and manufacturing it for treatment.

Alabama

On Tuesday, a revised CBD Medical Marijuana bill passed the state Senate. The bill, Senate Bill 174 was revised by its sponsors so that the University of Alabama-Birmingham could conduct a research study. It now moves to the House.

California

On Monday, the LA city attorney said 100 dispensaries had been shuttered since the city started enforcing new rules restricting them. City Attorney Mike Feuer said that besides enforcing the rules, the city had also successfully fended off legal challenges. The city attorney said he couldn't say how many marijuana dispensaries are now open in Los Angeles, since there is no permitting process for the shops. Before the measure passed last spring, police estimated roughly 700 dispensaries were operating, though others pegged the number far higher.

On Tuesday, a bill to further restrict dispensary locations died in committee. The measure, Assembly Bill 1588, would have widened "dispensary free" zone around schools from 600 feet to 1,000 feet, but was been blocked in the Assembly Public Safety Committee, Assembly Minority Leader Connie Conway (R-Tulare) said Tuesday. Conway is the author of the bill in question.

Also on Tuesday, the DEA and LAPD raided and closed four dispensaries. They hit the Black Rose dispensary in Fairfax, Downtown Medical Caregivers off Main Street, Washington and Western Medical Group in Harvard Heights, Herbman in Exposition Park and two homes in Beverly Hills. The same person owns all the dispensaries, the DEA said.

Also on Tuesday, Los Angeles reported it had collected $1.6 million in taxes from dispensaries for 2013.

Also on Tuesday, the San Diego city council gave final approval to medical marijuana regulations. Under the ordinances, dispensary operators must get conditional-use permit from the city -- which will be good for five years -- and an annual public safety permit from the San Diego Police Department. Collectives may not be within 1,000 feet of public parks, churches, child care centers, playgrounds, residential care facilities, schools and other dispensaries, and not be within 100 feet of residential zones. Dispensaries also are barred from having on-site medical professionals -- a law intended to prevent such businesses from becoming "one-stop shops." This should mark an end to a three-year battle that began after the council passed more restrictive regulations in 2011.

On Wednesday, San Bernardino SWAT teams raided two dispensaries. Little more is known at this point.

Michigan

Last Friday, state regulators recommended added PTSD as a qualifying condition. The Michigan Medical Marihuana Review Panel appointed by the Department of Licensing and Regulatory Affairs has decided to recommend that the department add PTSD to the list of qualifying conditions for medical marijuana. It is now up to Steve Arwood, Director of the Department of Licensing and Regulatory Affairs, to accept or reject the recommendation.

On Tuesday, a pair of medical marijuana bills got a hearing. Two bills that would legalize the manufacture and sale of medical marijuana-infused products such as brownies and oils and permit communities to allow and regulate marijuana dispensaries in their towns got a hearing in the Senate Government Operations Committee hearing Tuesday, but no vote. Committee chair and Senate Majority Leader Randy Richardville (R-Monroe) is not expected to schedule another hearing for at least a couple of weeks. The bills are House Bill 5104 and House Bill 4271.

Also on Tuesday, the Howell city council approved a dispensary moratorium. Council members said they were waiting for clarity from the state legislature.

New Hampshire

On Friday, the House passed a medical marijuana home cultivation bill. The measure, House Bill 1622, would allow patients and/or caregivers to grow up to two plants until dispensaries open near their residences. The bill now goes to the state Senate.

New Jersey

Last Friday, the health department said it would not consider expanding its qualifying disease list until 2015. The state's medical marijuana law, signed four years ago, required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. But it is too soon to add more illnesses and place greater demands on the program, Health Department Commissioner Mary O'Dowd's spokeswoman Donna Leusner said.

New York

On Monday, Assembly Democrats rolled a medical marijuana bill into this week's budget proposal. The move is designed to get some traction for medical marijuana, which has been stymied for years in the state Senate.

Oregon

Last Thursday, the Medford city council voted for a moratorium on dispensaries. But it will take another vote, on a second reading of the bill, to enact it formally. The city argues that despite state action, marijuana is still illegal under federal law. Last fall, it revoked the business license of Mary Jane's Attic and Mary Jane's Basement, located in a shopping center.

Last Friday, the Senate gave final approval to the statewide dispensary regulation bill. The final version of the bill gives local governments the ability to ban dispensaries, but only for one year. The bill now goes to Gov. John Kitzhaber (D), who has not said whether he will sign it.

On Tuesday, state officials said 281 dispensaries began the process of registering with the state. A new law, passed in 2013, directed the Oregon Health Authority to create a registry of medical marijuana facilities. Those facilities must follow security and testing rules and they have to carefully track the marijuana coming in and out of their stores. The state, meanwhile, has two regulators who will inspect the establishments annually.

South Carolina

Last Thursday, a CBD medical marijuana bill won a House committee vote. The bill calls for clinical trials of a CBD-based drug and would also allow doctors to prescribe CBD oil pharmaceuticals, although it's unclear whether all doctors would be able to do so.

Utah

On Tuesday, the state Senate passed a CBD medical marijuana bill. The bill would allow compassionate use of non-intoxicating cannabis oil by Utahns with untreatable epilepsy. It passed the Senate by a wide margin, despite reservations some senators have about the oil's safety and long term benefits. House Bill 105 now goes back to the House, which had already passed it, but now must sign off on changes in the Senate version.

Vermont

On Wednesday, the state Senate passed a medical marijuana expansion bill. The bill lifts the 1,000-patient cap on the state's dispensaries and authorizes two more dispensaries. Senate Bill 247 now heads to the House.

Washington

On Saturday, the state Senate approved a bill regulating dispensaries as part of an effort to roll the medical marijuana system into the state's new legal marijuana system. The current unregulated dispensaries would have to close or obtain a state license by September 2015. The bill also allows patients to grow their own, but reduced the amount they can grow and possess. Senate Bill 5887 now goes to the House. The legislative session ends this week.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM -- March 12, 2014

Medical marijuana is keeping state legislators busy, Maine's governor has a 20th Century approach to drug problems, New Mexico's governor cuts funds to a diversion program, Indonesia shifts its stance on drug users, and more. Let's get to it:

Responding to new synthetic drugs by banning them is still a favored response in state legislatures. (wikimedia.org)
Medical Marijuana

DEA, LAPD Raid Dispensaries. DEA agents assisted by LAPD officers raided and closed several Los Angeles dispensaries Tuesday. They hit the Black Rose dispensary in Fairfax, Downtown Medical Caregivers off Main Street, Washington and Western Medical Group in Harvard Heights, Herbman in Exposition Park and two homes in Beverly Hills. The same person allegedly owns all four dispensaries.

Vermont Senate Passes Medical Marijuana Expansion Bill. A bill that lifts the 1,000-patient cap on the state's dispensaries and authorizes two more dispensaries passed the Senate with little debate Tuesday. Senate Bill 247 now heads to the House.

Revised Alabama CBD Medical Marijuana Bill Passes Senate. A CBD medical marijuana bill revised by its sponsors so that the University of Alabama-Birmingham would conduct a research study passed the Senate on a unanimous vote Tuesday night. Senate Bill 174 now moves to the House.

Utah CBD Medical Marijuana Bill Passes Senate. A bill that would allow compassionate use of non-intoxicating cannabis oil by Utahns with untreatable epilepsy passed the Senate Tuesday by a wide margin, despite reservations some senators have about the oil's safety and long term benefits. House Bill 105 now goes back to the House, which had already passed it, but now must sign off on changes in the Senate version.

Michigan Medical Marijuana Bills Get Hearing. Two bills that would legalize the manufacture and sale of medical marijuana-infused products such as brownies and oils and permit communities to allow and regulate marijuana dispensaries got a hearing in the Senate Government Operations Committee hearing Tuesday, but no vote. Committee chair and Senate Majority Leader Randy Richardville (R-Monroe) is not expected to schedule another hearing for at least a couple of weeks. The bills are House Bill 5104 and House Bill 4271.

California Bill to Tighten Location Restrictions on Dispensaries Killed in Committee. A bill that would have widened "dispensary free" zone around schools from 600 feet to 1,000 feet has been blocked in the Assembly Public Safety Committee, Assembly Minority Leader Connie Conway (R-Tulare) said Tuesday. Conway is the author of the bill in question, Assembly Bill 1588.

American Herbal Pharmacopoeia Releases Study on Marijuana and Epilepsy. The medical research group American Herbal Pharmacopoeia (AHP) issued a new scientific review Tuesday, Cannabis in the Treatment of Epilepsy, which compiles much of the leading and historical research on epilepsy and cannabis (medical marijuana) for use by scientists, physicians, patients, and parents, as well as those producing and manufacturing it for treatment. Patient advocacy group Americans for Safe Access (ASA) will host a Google Hangout today, March 12th at 8:00pm EDT, featuring AHP director Roy Upton, ASA scientific advisory board member Dr. Sunil Aggarwal and others.

Law Enforcement

Maine Governor Wants More Drug War. Confronted by increasing levels of opiate drug use, Maine Gov. Paul LePage (R) responded Tuesday by proposing to beef up drug war spending. The conservative governor wants to add 22 new state positions including 14 new Maine Drug Enforcement agents, four new prosecutors for the Office of the Maine Attorney General as well as four new district court judges to bolster the state's four drug courts in Lewiston, Presque Isle, Bangor and Portland. He also criticized methadone, saying the drug should be provided in a clinical setting only. He said he intended to focus equally on the addiction side of the drug equation but did not offer any details.

New Mexico Governor Vetoes Funding for Drug Diversion Pilot Program. Gov. Susana Martinez (R) vetoed spending $140,000 for a Santa Fe program to divert some drug offenders to treatment Tuesday. The city's pre-booking diversion program, otherwise known as Law Enforcement Assisted Diversion (LEAD), will begin late this month. If successful, this model could become a model for other New Mexico communities, saving both the criminal justice and health systems tens of millions of dollars each year.

Salvia Divinorum

Rhode Island Bill to Ban Salvia, Jimson Weed Has Hearing Today. A bill that would ban the use of salvia divinorum and Jimson weed was scheduled for committee action today. House Bill 7191, sponsored by Rep. Arthur Corvese (D-North Providence), gets a vote before the House Judiciary Committee. It's not clear what prompted the bill.

New Synthetic Drugs

Minnesota Synthetic Drug Ban Bill Wins House Committee Vote. A bill that would give the state pharmacy board the authority to use its emergency powers to classify new synthetic drugs as banned substances is advancing in the House. House File 2446, introduced by Rep. Erik Simonson (D-Duluth) passed the House Health and Human Services Policy Committee Tuesday with few questions and a unanimous vote.

International

LEAHN Releases Frankfurt Principles on Drug Law Enforcement. The Law Enforcement and HIV Network (LEAHN) has released the Frankfurt Principles on Drug Law Enforcement, developed at the International Conference on Drug Policy and Policing last November in Frankfurt. The principles are designed to make law enforcement an effective partner in a harm reduction approach to drug use and related illness.

TDPF Releases Report on Dutch Coffee Shop Policy. Prompted by "misreports and misunderstandings that have led many to believe the Netherlands is retreating from its pragmatic policy of allowing cannabis to be sold via 'coffee shop,'" the British Transform Drug Policy Foundation has released a new report to set things straight. The report is Cannabis policy in the Netherlands: Moving forward, not backwards.

Ghana Anti-Drug Head Calls for Marijuana Legalization Debate. The executive secretary of the Narcotics Control Board (NACOB), Akrasi Sarpong, has called for a national debate on legalization of marijuana in the country. "Ordinary people can say don't legalize it but that will be vocalizing the ostrich hiding its head in the sand, because there is a virtual legalization on the ground," Sarpong said. Many people believe "what you are fighting is not crime," he added. "Reports say cannabis is the number one problem in Africa so what are we therefore saying. People laugh at these things, because, they are growing them in their homes," he said.

Peru Ponders Restarting Drug Plane Shootdown Program.Peru suspended its law allowing its Air Force to shoot down suspected drug planes in April 2001, when the Peruvian Air Force, accompanied by a CIA support plane, mistakenly shot down an aircraft carrying American missionaries, killing Veronica Bowers and her infant daughter. Now, Congressman Carlos Turbino, a retired general, has filed a bill to reinstate the program. It is currently before the congressional defense committee, even though it is opposed as unnecessary by the government of President Ollanta Humala.

New Indonesian Drug Law Emphasizes Rehabilitation Instead of Punishment of Drug Users. Indonesian ministers this week signed a memorandum of understanding that they say will declare drug users "victims" instead of criminals, to be treated at rehabilitation centers instead of sentencing to prison. President Susilo Bambang Yudhoyono has gone on the record supporting a softer touch for addicts, but early efforts to push for more rehabilitation centers have met with resistance from judges who are loathe to appear weak on drugs and lawmakers who often use the early release of traffickers as opportunities to grandstand against the president. Drug user make up 42% of all Indonesian prisoners.

Marijuana Reform Rally Set for Glasgow Next Month. A mass marijuana rally called by the Glasgow Cannabis Social Club is set for the city center next month, and it's already causing grumbling. "People will be extremely annoyed at the high-profile celebration of something that's illegal," grumped Conservative MSP John Lamont. "It is disappointing that such a carnival in homage to an illegal substance is being facilitated in this way," he added. The old fogies want the police to shut it down, but the police have said they will stop it only if lawbreaking takes place. The celebration is due to take place at Glasgow Green on Sunday April 20. So far, more than 200 people have signed up via Facebook to attend.

Chronicle AM -- March 11, 2014

The District of Columbia could legalize marijuana at the ballot box this year, Dr. Sanjay Gupta doubles down on his support for medical marijuana with a new CNN special tonight, the UN Commission on Narcotic Drugs meeting this week in Vienna is attracting a lot of attention, and more. Let's get to it:

CNN's Dr. Sanjay Gupta "doubles down" on his support for medical marijuana. (via Share Bear on Wikimedia)
Marijuana Policy

DC Legalization Initiative Cleared for Signature-Gathering. The District of Columbia Board of Elections announced this morning that it had approved a marijuana legalization initiative for signature-gathering. That means voters in the nation's capital could vote to free the weed in November. Now, the DC Cannabis Campaign must gather some 25,000 signatures to qualify for the November ballot. But first, the Board of Elections must finalize the language for the measure. It has 20 days to do so.

Colorado Takes in $2 Million in Marijuana Taxes in First Month of Legalization. The state of Colorado collected $2.01 million in retail marijuana sales and excise taxes in January, the first month of legal sales, the Department of Revenue reported Monday.

Missouri Legalization Bill Gets Committee Hearing. A bill to legalize marijuana in the Show-Me State got a hearing in the House Crime Prevention and Public Safety Committee Monday. House Bill 1659, sponsored by Rep. Chris Kelly (D-Columbia), got a mixed reception in the hearing, with GOP lawmakers expressing skepticism. The committee took no vote and offered no timetable for further action.

Louisiana Marijuana Reform Advocates Rally on Capitol Steps in Baton Rouge. Although there is no legalization bill filed in Louisiana, legalization advocates rallied at the state capitol Monday to get their voices heard. The event was organized by Legalize Louisiana, which seeks to "decriminalize, legalize, and regulate marijuana" in the Bayou State. Although there is no legalization bill this year, there are bills to decriminalize and to allow for medical marijuana.

Legalization Would Be a "Terrible Mistake," Says NYPD Commissioner. NYPD Commissioner Bill Bratton said Tuesday it would be a 'terrible mistake' to legalize marijuana and predicted problems for states that go that course. But he did say he supported medical marijuana.

Medical Marijuana

Dr. Sanjay Gupta Doubles Down for Medical Marijuana; Special Airs Tonight. CNN's Dr. Sanjay Gupta, who first saw the light on medical marijuana a few months ago, has reiterated his support for the herb's medicinal uses and will air a new special on the topic, Weed 2: Cannabis Madness: Dr. Sanjay Gupta Reports," at 10 p.m. ET on tonight.

In New Crackdown, Los Angeles Shutters A Hundred Dispensaries. More than 100 dispensaries have shut down since Los Angeles started enforcing new rules restricting them, City Atty. Mike Feuer announced Monday. In addition to the rules prompting scores of closures, Feuer said city lawyers had successfully fended off a host of legal challenges. In one closely watched case, they prevented a dispensary from opening in Mar Vista, securing a permanent injunction before it could set up shop.

Minnesota Medical Marijuana Bill Stalled By Cops. A key lawmaker said Tuesday she doesn't see a path forward for legalizing medical marijuana after talks with law enforcement hit a standstill. Rep. Carly Melin (DFL-Hibbing) said she had conceded to virtually all demands from law enforcement over the weekend but was still unable to get their support for her bill, House File 1818. Melin said she had no choice but to postpone a House committee hearing that would have been lawmakers' second look at the issue. "Law enforcement won't support any bill that would result in helping any patients," Melin said in an interview with The Associated Press. "The governor has to get involved."

Drug Testing

Georgia Food Stamp Drug Test Bill Passes Senate Committee. A bill that would require food stamp recipients suspected of drug use to pass a drug test to receive benefits narrowly passed out of the Senate Health and Human Services Committee Monday. House Bill 772, sponsored by Rep. Greg Morris (R-Vidalia) has already passed the House. It's not clear if it now goes to another committee or to a Senate floor vote.

Prescription Opioids

West Virginia Senator Manchin Joins Call to Overturn FDA Approval of Zohydro. US Sen. Joe Manchin (D-WV) has joined the call for the FDA to overturn its recent approval of Zohydro, a single-ingredient hydrocodone drug approved for people suffering from chronic pain. It is the first ever single-ingredient drug to be approved by the FDA. Manchion joins Sen. Charles Schumer (D-NY) and a number of legislators, prosecutors, and medical groups seeking to reverse the decision. But the FDA and the drug's manufacturer say the drug is needed to treat chronic pain.

Drug Use

RAND Corporation Report Reviews Past Decade's Drug Use. A new report from the RAND Corporation, What America's Drug Users Spend on Illegal Drugs: 2000-2010, pegs spending on illicit drugs at $100 billion a year. It also notes that from 2000 to 2010, the amount people spent on cocaine dropped by half from $55 billion to $28 billion, reflecting dramatic decreases in the availability of cocaine after 2006: from approximately 300 pure metric tons in 2000 to about 150 pure metric tons in 2010.

International

UN Drugs Meeting Opens after Historic Reforms Shatter Consensus on Drug Control System. The UN Commission on Narcotic Drugs (CND) opens its annual meeting this week after a year of historic reforms. This year’s meeting—which is taking place Vienna from March 13-21—is expected to be unusually contentious after a monumental 2013-2014. Unprecedented reforms have shaken the foundations of global drugs policy and set the stage for an explosive international debate. For live updates, check out the CND Blog.

Report Finds UN Stuck in Denial Over Marijuana Regulation. A new report from the Transnational Institute and the Global Drug Policy Observatory has been released in the run-up to the UN Commission on Narcotic Drugs meeting this week. The report, The Rise and Decline of Cannabis Prohibition: the History of Cannabis in the UN drug control system and options for reform, unveils the long and little-known history of cannabis regulation from the late 19th century when it was widely used for medical, ceremonial and social purposes to the post-WWII period when US pressure and a potent mix of moralistic rhetoric and unreliable scientific data succeeded in categorising cannabis as a drug with 'particularly dangerous properties' on a par with heroin in the 1961 Single Convention on Narcotic Drugs. It also brings the history up-to-date with more recent developments as an increasing number of countries have shown discomfort with the treaty regime's strictures through 'soft defections', such as turning a blind eye, decriminalization, coffee shops, cannabis social clubs and generous medical marijuana schemes. These have stretched the legal flexibility of the conventions to sometimes questionable limits. The report outlines specific options for reform and assesses their potential for success. These options include: WHO review and modification of cannabis scheduling; state parties amending the treaties; modifying the conventions 'inter se', e.g. between specific states only; or denunciation of the treaty and re-accession with a reservation (carried out recently by Bolivia in order to defend indigenous rights and the use of coca leaf in its natural form).

ENCOD Calls for UN to End the Drug War. The European Coalition for Just and Effective Drug Policies (ENCOD) will use the UN Commission on Narcotic Drugs this week to call on the UN to end the war on drugs. A delegation of five Encod members will join the debate inside the UN: Urki Goñi, chairman of Cannabis Social Club Urjogaberdea in the Basque Country, Spain, Doug Fine, author of 'Hemp Bound' and 'Too High To Fail: Cannabis & the New Green Economic Revolution', Dionisio Nuñez, Bolivian ex-minister of coca affairs, Janko Belin, Encod chairman and Joep Oomen, Encod coordinator. On Friday March 14 one of them will deliver a speech to the plenary meeting. ENCOD will also be reporting nightly from the sessions later this week on the ENCOD web site.

Legalization Won't Solve World's Drug Problem, UN Drug Chief Says.Yuri Fedotov, head of the UN Office on Drugs and Crime, told reporters Monday that while it is up to member states to decide "what needs to be done," legalization ain't it. "As the head of UNODC, I have to say that legalization is not a solution to the (world's) drug problem," Fedotov said. "It is very hard to say that this law (adopted by Uruguay's parliament) is fully in line with legal provisions of the drug control conventions," he added.

UN Drug Chief Praises Iran Drug Fight Despite Executions. Yuri Fedotov, head of the UN Office on Drugs and Crime, said Monday that Iran's anti-drug efforts were "very impressive" and that Iran "takes a very active role to fight against illicit drugs" even though human rights and harm reduction groups have criticized its frequent resort to the death penalty for drug offenders. Still, he added that UNODC opposes the death penalty and that he planned to raise the issue with Iranian leaders during the UN Commission on Narcotic Drugs meeting in Vienna this week.

Responding to Holder on Heroin, Reformers Call for a Health Direction [FEATURE]

US Attorney General Eric Holder had heroin on his mind Monday, using his weekly video message and an accompanying press release to draw attention to rising heroin overdose deaths and vowing to combat the problem with a combination of law enforcement, treatment, prevention, and harm reduction measures. Drug reformers generally responded positively, but called on the Obama administration to seek comprehensive, science- and health-based solutions instead of engaging in more drug war.

Attorney General Holder takes on heroin (usdoj.gov)
"Addiction to heroin and other opiates -- including certain prescription pain-killers -- is impacting the lives of Americans in every state, in every region, and from every background and walk of life -- and all too often, with deadly results. Between 2006 and 2010, heroin overdose deaths increased by 45%," Holder said. "Scientific studies, federal, state and local investigations, addiction treatment providers, and victims reveal that the cycle of heroin abuse commonly begins with prescription opiate abuse. The transition to -- and increase in -- heroin abuse is a sad but not unpredictable symptom of the significant increase in prescription drug abuse we've seen over the past decade."

What Holder didn't mention is that the rise in prescription pain pill misuse is tied to a massive increase in prescribing opioids for pain in the past decade. A study published last fall found that between 2000 and 2010, the amount of opioids prescribed for non-cancer pain had nearly doubled, and that during the same period, the percentage of people complaining of pain who received prescriptions for opioids jumped from 11% to nearly 20%. But reining in prescriptions generally isn't the answer either.

But at the same time, a 2011 Institute of Medicine report found that while "opioid prescriptions for chronic non-cancer pain [in the US] have increased sharply… 29% of primary care physicians and 16% of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions."

As the IOM report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them." Opioid misuse and under-use of opioids for pain treatment when they are needed are problems that coexist in society. Pain pill crackdowns have also been found to result in increased use of street heroin, as a Washington Post article last week reports -- two additional reasons advocates prefer public health approaches to heroin more than law enforcement -- and why great care should be taken with the law enforcement measures.

"It's clear that opiate addiction is an urgent -- and growing -- public health crisis. And that's why Justice Department officials, including the DEA, and other key federal, state, and local leaders, are fighting back aggressively," Holder continued. "Confronting this crisis will require a combination of enforcement and treatment. The Justice Department is committed to both."

Holder pointed to DEA efforts to prevent diversion of pharmaceutical pain-relievers to non-medical users, mentioning investigations of doctors, pharmacists, and distributors.

"With DEA as our lead agency, we have adopted a strategy to attack all levels of the supply chain to prevent pharmaceutical controlled substances from getting into the hands of non-medical users," Holder said.

Cooking heroin (wikimedia.org)
Holder also pointed out that DEA had opened some 4,500 heroin investigations since 2011 and promising more to come.

But, as Holder noted, "enforcement alone won't solve the problem," so the administration is working with civil society and law enforcement "to increase our support for education, prevention, and treatment."

And although he didn't use the words "harm reduction," Holder is also calling for some harm reduction measures. He urged law enforcement and medical first responders to carry the overdose reversal drug naloxone (Narcan) and signaled support for "911 Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose.

Holder got restrained plaudits from drug reformers for his small steps toward harm reduction measures, but they called for a more comprehensive approach.

"Preventing fatal overdose requires a comprehensive solution," said Meghan Ralston, harm reduction manager for the Drug Policy Alliance. "While naloxone is an absolutely critical component, we need a scientific, health-based approach to truly address the roots of the problem. This includes improving access to effective, non-coercive drug treatment for everyone who wants it, as well as improving access to medication-assisted treatments such as methadone and buprenorphine."

Naloxone (Narcan) can reverse opiate overdoses (wikimedia.org)
Ralston also added that just making naloxone available to cops and EMTs wasn't good enough. Friends and family members, not "first responders," are most often the people who encounter others in the throes of life-threatening overdoses.

"While we applaud Attorney General Holder's clear support for expanding access to naloxone, particularly among law enforcement and 'first responders,' we urge him to clarify that he supports naloxone access for anyone who may be the first person to discover an opiate overdose in progress," she said.

But Law Enforcement Against Prohibition (LEAP), a group of law enforcement officials opposed to the war on drugs, applauded the move, which could help soften reflexive law enforcement opposition to carrying the overdose antidote, an attitude reflected in the the International Association of Chiefs of Police's opposition to all harm reduction measures.

"Police may not be the first to embrace change, but we are slowly evolving," said Lieutenant Commander Diane Goldstein (Ret.). "We cannot arrest our way out of a public health problem, and it's clear that the Attorney General is beginning to understand that and to embrace the role of harm reduction in reducing death, disease and addiction in our communities. We still have a long way to go, but this is a good sign."

The idea is "a no-brainer," according to executive director Major Neill Franklin (Ret.). "It is simply immoral not to support something proven to save lives for political reasons," Franklin added. "Yes, police send a message when they choose not to carry naloxone. But that message is not 'don't do drugs,' it's 'if you make the wrong decisions in your life, we don't care about you.' That offends me both as a former cop and as a human being."

The nuanced pushback to Holder's law enforcement/prevention/treatment/hint of harm reduction approach is good as far as it goes, but it doesn't go far enough. Decriminalizing and destigmatizing now illicit drug use, as has been the case in Portugal, is an obvious next step, and removing the question of drugs from the purview of the criminal justice system altogether would be even better. Still, that a sitting attorney general is calling for treatment and harm reduction as well as law enforcement is a good thing, and for reformers to be calling him on not going far enough is a good thing, too.

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