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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. (cannabisculture.com)
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.

Driving

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.

International

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."

On Marijuana, Congress Giveth and Congress Taketh Away [FEATURE]

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

With final approval by the Senate Saturday night, the Congress has successfully approved a massive, $1.1 trillion dollar omnibus spending bill, and the president has signaled he will sign it. The bill includes two provisions that illustrate Congress's currently schizophrenic approach to loosening marijuana laws.

On the one hand, the bill contains an amendment that will effectively end federal interference in states where medical marijuana is legal by barring the Justice Department from using its funds to go after patients and providers there. On the other hand, it also contains a rider that seeks to undo the will of the voters of the nation's capital by blocking the District of Columbia from enacting the recently approved Measure 71 marijuana possession and cultivation legalization initiative.

Sponsored by Reps. Dana Rohrabacher (R-CA), Sam Farr (D-CA), and 10 others, the medical marijuana amendment is blunt. After listing all the medical marijuana states, it says: "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." (The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.)

The amendment is also important. In the past three years alone, the Justice Department has threatened elected officials, dispensary operators, and their landlords with legal action over medical marijuana. Those threats have delayed or stopped implementation of medical marijuana laws in at least six states. Similarly, threats of criminal prosecution and/or asset forfeiture aimed at landlords in California and Colorado have resulted in the closure of at least 600 state law-abiding medical marijuana businesses.

And DEA teams have aggressively raided and US Attorneys have prosecuted medical marijuana patients and providers. One stark example is the case of the Kettle Falls Five, a family of patients who were growing medical marijuana for their own personal use in accordance with Washington state law. In a state where marijuana is legal, federal prosecutors are seeking to send a pair of elderly patients and their children to prison. That prosecution is now in doubt.

"This is truly a long-fought victory for medical marijuana patients who have lived in fear of being caught in the crossfire of conflicting state and federal laws for nearly two decades," said Steph Sherer, executive director of Americans for Safe Access (ASA), which has lobbied for years for passage of the measure. "But this is also a victory for taxpayers because of the hundreds of millions of dollars saved on unnecessary and harmful enforcement."

Last year, ASA issued a report showing the Obama administration had spent $80 million a year on medical marijuana enforcement. That may be chump change in a trillion-dollar spending bill, but it's still $80 million that could be better used each year.

"Congress has finally initiated a drawdown in the federal government's war on medical marijuana," said Mason Tvert, director of communications for the Marijuana Policy Project (MPP). "This legislation makes it clear that the DEA has no business interfering in states' medical marijuana laws. Taxpayer money should not be used to punish seriously ill people who use medical marijuana and the caregivers who provide it to them."

"For the first time, Congress is letting states set their own medical marijuana and hemp policies, a huge step forward for sensible drug policy," said Bill Piper, director of national affairs for the Drug Policy Alliance (DPA). "States will continue to reform their marijuana laws and Congress will be forced to accommodate them. It's not a question of if, but when, federal marijuana prohibition will be repealed."

But if federal marijuana prohibition will someday be repealed, no one has told congressional Republicans, and congressional Democrats didn't seem to care much, either. The second part of Congress's schizoid pot policy two-step was a slap in the face to both marijuana legalization and the will of the voters of the District of Columbia.

Maryland Rep. Andy Harris (R) authored a rider to the bill that says that the District cannot "enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative."

Republican House committee heads got it inserted into the House version of the bill, and Senate Democrats didn't consider it important enough to fight to remove.

Marijuana reform proponents (and believers in democratic rule for the residents of DC) were livid, and they are not ready to roll over in the face of congressional attempts to quash legalization in the District.

"In light of recent events in Ferguson and New York, it would be particularly disturbing if Congress has chosen to overturn the will of the voters in a majority black city," said Dr. Malik Burnett, DPA policy manager and vice-chair of the DC Cannabis Coalition, the group that got Measure 71 passed. "DC voters chose to reform their marijuana laws, which have a direct impact on how communities of color interact with police. Congress should not undermine that."

Rep. Andy Harris (R-MD), author of the rider to block DC marijuana legalization. (house.gov)
"By prohibiting the regulation of marijuana in the District, they are ensuring authorities have no control over it," Tvert said. "If drug cartels and gangs had lobbyists on the Hill, preventing marijuana regulation would be their top legislative priority. If the District can regulate and tax alcohol sales, it should be allowed to do the same with a less harmful substance like marijuana."

The District city council has been advancing a bill that would tax and regulate marijuana sales, but the Harris rider effectively kills that. Less certain, however, is whether it can really block Measure 71 from taking effect.

House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, the Congressional Delegate from DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds DC; Rep. Nita Lowey (D-NY), the ranking Democrat on the House Appropriations Committee; and others have said that the DC rider allows Initiative 71 to stand. The DC 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.

The congressional Republicans who pushed the measure naturally disagree. They argue that Measure 71 has not been enacted because the DC council has not yet sent it to Congress and that the rider thus blocks it from being implemented.

While the question is likely to end up being settled in the courts, the next move is up to the District city council. It can go ahead and send the measure to Congress despite what the budget bill rider says. Advocates are urging the council to do just that.

And the council seems to be in a mood to stick up for the initiative -- and for democratic rights for the District. DC Council Chair Phil Mendelson told The Washington Post even before the final Senate vote that he plans to ignore the rider. He said he will instead follow normal procedure for voter-approved initiatives in a city that exists under the congressional thumb. He will sent a bill implementing the initiative to Congress next month for a 30-day review in which lawmakers can vote it up or down.

And if that doesn't work, there's still the courts.

"If the question is whether I'd be open to legal action, the answer is yes," Mendelson told Politico after the House vote.

Whether Congress has successfully blocked marijuana legalization in DC clearly remains to be seen. What is not in dispute, though, is that Congress has taken a major step toward clearing the way for medical marijuana, and that's a big deal.

Washington, DC
United States

What Does Congress's Medical Marijuana Legislation Actually Mean?

Earlier this year we noted here that the Republican-controlled House of Representatives had enacted two pro-medical marijuana amendments. One of them, the long-fought for Hinchey-Rohrabacher amendment, bars the US Dept. of Justice (parent agency of the DEA) from using taxpayer funds from interfering with state medical marijuana laws. The other allows banks to accept deposits from marijuana businesses in states where it is legal (any type of state legality, not just medical).

Last night, both chambers of Congress passed the controversial "CRomnibus" bill to continue funding the federal government through September 30, 2015, the end of the current fiscal year. As we've noted the past week or so, the Hinchey-Rohrabacher amendment was included in the negotiated language for the bill. With President Obama having backed the CRomnibus before its passage and being expected to sign it, that means that medical marijuana will take a large step toward full legality in the United States at any time.

What will this mean on the ground? It should mean that DEA and other branches of the Dept. of Justice can no longer threaten medical marijuana providers (or more theoretically, patients) with arrest or prosecution, and that landlords should no longer face the threat of asset forfeiture for property being rented to medical marijuana businesses. But the precise language, which focuses on states' implementating medical marijuana systems, could be argued as applying more narrowly, giving reassurance to state officials about their participation but not going further. Another concern is that a prosecutor could argue, for example, that a given marijuana business is not operating in strict accordance with a state's law. Our perspective in the movement is that that determination should be up to state authorities, not federal, but that's not necessarily the perspective of federal law enforcement. Those are some reasons why it remains to be seen just how thoroughly and reliably the protections that the new law provides will turn out to be, and these questions are being debated right now.

Where there's the most pessimism is about whether the new law will halt medical marijuana prosecutions that are already underway, but we'll see. In the past the administration has allowed such prosecutions to continue, but the administration's stance on marijuana policy, criminal justice in general, and their willingness to take concrete actions, has markedly increased during the last two years, so perhaps there is hope.

The CRomnibus also includes language barring the District of Columbia from enacting marijuana reform legislation. On its face that would seem to block Initiative 71 from going into effect, the measure passed by nearly 70% of voters that legalizes possession and home growing of marijuana in the District. But that also isn't clear. Advocates have pointed out that the language doesn't explicitly block Initiative 71, which normally is the action that Congress is required to take if it doesn't want DC legislation to go forward. Because DC has already enacted the measure, and because it only removes penalties and doesn't have a regulatory component (which DC initiatives can't have), that will hopefully mean that the law can change in January after the Congressional review period expires, assuming Congress doesn't take another vote to explicitly block it. One question may be whether transmitting the measure to Congress, as the process requires, would count as an expenditure of funds as defined in the language (though I haven't seen anyone else bring that up yet). According to several Democratic representatives including minority leader Nancy Pelosi, Congress's legislative intent was to allow the initiative to become law, but only to block a bill advanced by a committee of the DC City Council last month to establish a regulatory and taxation system with marijuana stores in the District.

Along with that gray lining, it should be noted that the banking issue, which as far as I can tell is unaddressed by the CRomnibus, is a really huge problem for the marijuana industry. Some consider it an even bigger problem than prosecutions. An attempt by the administration in February to establish safe harbor procedures for banks to take marijuana money has elicited only extremely slight movement on the part of banks, who mostly want to see clarity in federal statutes, not just a policy. So there is a pressing need to pass that second of the House's pro-medical marijuana amendments too.

Still, we have seen an amazing and historic victory this weekend. Whatever the legislation does or doesn't achieve in concrete help for medical marijuana defendants, businesses and patients right now, it clearly eases the way for further legislative progress on the issue. Mostly I think it will depend on whether the new Congress is able to do business at all. If they can, I will not be surprised to see even the Republican-controlled House and Senate to pass banking. And I expect to see bills to fully move medical marijuana into the realm of legality to see substantially increased support from both sides of the aisle.

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. (wikipedia.org)
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.

Pregnancy

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.

International

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.

Medical Marijuana Update

Big news from DC on Tuesday as congressional budget negotiators included language barring the use of federal funds to go after medical marijuana where it is legal, and a whole lot of news from California, too. Let's get to it:

National

On Tuesday, a congressional budget deal blocked federal interference in medical marijuana states. In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May. The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana"

California

Last Tuesday, El Dorado County supervisors voted not to repeal the county's cultivation ordinance. Instead, supervisors decided to appoint a task force consisting of county counsel, the sheriff, DA and activists to come up with a solution that will protect patients' rights.

Also last Tuesday, Kern County supervisors approved civil lawsuits against collectives and cooperatives. The supervisors are going after 19 co-ops or collectives located in unincorporated areas of the county. The county previously sued other collectives and most of those have closed up shop.

Last Thursday, legislators filed statewide medical marijuana regulation bills. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Last Saturday, California doctors rejected 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.

On Monday, the Siskiyou County planning division released its draft cultivation ordinance. The ordinance would limit outdoor grows to four plants on properties an acre or smaller, six plants on properties up to 2.5 acres, eight plants on up to five acres, and 10 plants on properties greater than five acres. Comments can be submitted via email at MMCO@co.siskiyou.ca.us.

On Tuesday, Butte County supervisors approved spending $446,500 to enforce the county's cultivation ordinance. The ordinance limits the size of medical marijuana gardens to 50 square feet on property larger than a half-acre, 100 square feet on properties larger than five acres, and 150 square feet on properties larger than 10 acres. The ordinance also allows anonymous denunciations of alleged violations.

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

Chronicle AM: Budget Bill Would Block DC Legalization, Also Blocks Federal MedMJ Enforcement, More (12/10/14)

With the budget bill, Congress moves to block DC's voter-approved pot legalization, but also to block federal enforcement actions against medical marijuana where it is legal, a DC protest on the legalization move is set for this afternoon, and more. Let's get to it:

Marijuana Policy

Congressional Budget Deal Seeks to Block DC Legalization. The leaders of the House and Senate appropriations committees agreed on a budget bill Tuesday night that includes language seeking to block the District of Columbia from implementing the Measure 71 legalization initiative overwhelmingly approved by District voters. A bill summary provided by the House Appropriations Committee says the bill, which will be considered by the House and Senate later this week, "prohibits both federal and local funds from being used to implement a referendum legalizing recreational marijuana use in the District." While reform advocates were disappointed with outcome, some are suggesting that the bill's language can be parsed in such a way to render the congressional ban moot. That remains to be seen.

DC Protest Against Congressional Interference Set For Tonight. The DC Cannabis Campaign, sponsors of the DC legalization initiative, has announced a march on the US Capitol tonight to protest Congress's move to override the voters' decision to legalize marijuana in the District. Marchers will gather at the Justice Department at 9th and Pennsylvania NW at 5:00pm, then march to the Capitol at 6:00pm.

Anti-Marijuana Speakers Heckled at DC Heritage Foundation Event. Rep. Andy Harris (R-MD), author of the budget bill amendment attempting to block legalization in DC, along with Rep. John Fleming (R-LA), another strong opponent of letting the District set its own marijuana laws, were greeted by hecklers at a Heritage Foundation event Tuesday. "I don't want to listen to these lies," shouted one heckler as Harris took the podium. "The people voted," a second shouted. Harris laughed when asked about the heckler, then proceeded to claim that legalizing marijuana would lead to increased teen drug use -- a claim that has not been borne out so far in states that have legalized it.

Medical Marijuana

Congressional Budget Deal Blocks Federal Interference in Medical Marijuana States. In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May. The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.

Drug Testing

Florida Governor's Drug Testing Crusade Costing State's Taxpayers. The state has racked up at least $307,000 in legal fees and court costs as it tried in vain to defend Gov. Rick Scott's (R) unconstitutional law mandating suspicionless drug testing of welfare applicants. And taxpayers are likely to shell out even more -- in legal fees to the ACLU of Florida, which took the state to federal court over the law. The bill could rise even higher if Scott decides to appeal the four federal court decisions that have found the law unconstitutional.

International

Isle of Jersey Rejects Islander's Requests to Use Medical Marijuana. Jersey's drug law allows the health minister to issue license for possess marijuana for "special purposes," but the island's parliament has voted against allowing three residents to use medical marijuana products. "It is unlikely that 'special purpose' was ever intended to cover medicinal use," said one senator. "While the law allows for the minister for health and social services to issue a licence for research and special purposes it does not provide for the minister to step into the shoes of a doctor and, in effect, take clinical decisions in respect of an individual case."

Indonesian President to Ban Clemency for Drug Offenders Facing Execution. President Joko Widodo said Tuesday that he plans to enforce the death penalty for people convicted of drug crimes. There are currently 64 drug offenders on death row, and he said he would reject clemency requests for them. "They are not on my table yet. But I guarantee that there will be no clemency for convicts who committed narcotics-related crimes," Jokowi said. The government's insistence on implementing the death penalty has drawn criticism from human rights defenders in the country.

India Cops Do "Workarounds" to Bust Mephedrone Sellers. The synthetic psychedelic stimulant drug mephedrone is not illegal under the Narcotic Drugs and Psychotropic Substances Act, and police are resorting to workarounds to "curb the menace." Mumbai police have instructed officers to arrest sellers under the penal code's offense of selling poison. And some police have even arrested sellers by charging them with selling methamphetamine, which mephedrone is not.

Budget Bill Curbs Federal Medical Marijuana, Hemp Enforcement

In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May.

No more DEA medical marijuana raids? (justice.gov)
The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.

The hemp industry hasn't responded yet, but medical marijuana supporters are pleased.

"This is great news for medical marijuana patients all across the country," said Rep. Sam Farr (D-CA), one of the co-authors of the House measure. "This amendment protects patients while the federal government catches up with the views of the American people. Patients will have access to the care legal in their state without fear of federal prosecution. And our federal dollars will be spent more wisely on fighting actual crimes and not wasted going after patients."

The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana."

"We applaud this Congress for doing the right thing by protecting the rights of patients, and ending a years-long attack on the medical marijuana community," said Mike Liszewski, government affairs director for Americans for Safe Access (ASA), the medical marijuana advocacy group that has been championing the measure for years. "By approving this measure, Congress is siding with the vast majority of Americans who are calling for a change in how we enforce our federal marijuana laws."

"Congressional leaders seem to have finally gotten the message that a supermajority of Americans wants states to be able to implement sensible marijuana reforms without federal interference," said Tom Angell, executive director of Marijuana Majority. "This legislation greatly reduces the chances that costly and senseless DEA raids will come between seriously ill patients and the doctor-recommended medicine they need for relief."

If the omnibus budget bill is approved, the spending curb could well halt several pending federal criminal cases, including the case of the Kettle Falls Five, who are being prosecuted in Washington, a state where not only medical but recreational marijuana is legal, for growing medical marijuana within state guidelines. It would also severely cramp the style of the DEA, which has conducted hundreds of over-the-top aggressive raids in medical marijuana states. And it could mark an end to numerous civil asset forfeiture cases brought by US Attorneys in California against dispensaries in Berkeley, Oakland, San Francisco, and Orange County.

"We now have a solid foundation from which to establish a more comprehensive public health policy at the federal level," said ASA's Liszewski. "We're excited to be able to work with a Congress that is more in line with the will of the people, and more determined to roll up its sleeves and get things done on the issue of medical marijuana."

Before it becomes law, the budget bill must now be approved by the full House and Senate and then signed into law by President Obama. Those congressional votes are expected later this week, and there is little likelihood the bill will be defeated or that President Obama would seek to veto it.

Washington, DC
United States

Chronicle AM: NV Marijuana Init Qualifies for 2016, Iran Meth Up, SE Asia Poppy Production Up, More (12/9/14)

A Nevada legalization initiative is the first to qualify for the 2016 ballot, a new poll identifies an amorphous "marijuana middle," meth is on the rise in Iran, and so are poppies in the Golden Triangle, and more. Let's get to it:

In Burmese fields the poppies grow... (unodc.org)
Marijuana Policy

"Marijuana Middle" Identified in Third Way Poll. A new national poll from the centrist think-tank Third Way finds Americans almost even split on legalization (50% yes, 47% no), but with a broad and deep "marijuana middle" that may not support legalization in its own state, but does support federal action to allow states that have legalized it a "safe haven." Two-thirds said Congress should pass a "safe haven" law, while 60% said legalization should be up to the states, not the federal government. The poll also examined the demographics of the "marijuana middle." Click on the link for all the details.

JAMA on the Impact of Marijuana Legalization. The Journal of the American Medical Association (JAMA) Monday published "The Implications of Marijuana Legalization in Colorado." (Click the title link to read the article.) The authors found an increase in reports of emergency room visits for marijuana intoxication, as well as problems related to the production of new marijuana products, ranging from burns caused by exploding hash-oil labs to problems associated with the overindulgence in edibles. But the authors also found that legalization was increasing access to marijuana for medical reasons, including pain control, where it is much safer than opiates.

Anchorage Assembly to Hold Hearing on Banning Pot Businesses. At the behest of Assembly member Amy Demboski, the Anchorage Assembly will hold a hearing on her proposal to ban licensed pot businesses in the city one week from today. Supporters of legalization are looking for people to show up. Click on the link for more information.

Illinois Appeals Court Rules Worker's Admission of Off-Duty Marijuana Use Not Sufficient to Deny Unemployment Benefits. A worker who was fired from his job after admitting smoking marijuana when confronted with a random drug test (which he passed) cannot be denied unemployment benefits, the state's 5th District appellate court has ruled. The case is Eastham v. The Housing Authority of Jefferson County.

It's Official -- Nevada Initiative Qualifies for 2016 Ballot. Nevada is first out of the blocks to legalize marijuana via an initiative in 2016. Secretary of State Ross Miller Monday certified that the initiative had qualified for the ballot. Now, voters will have the opportunity to legalize it in the 2016 elections -- unless the state legislature acts first to approve the measure.

Prescription Opiates

Doctors Are Cutting Back on Prescriptions for Pain Relievers. In a study published in the Journal of the American Medical Association (JAMA), researchers report that half of primary care physicians are reducing their prescribing of opiate pain relievers compared to last year and that 85% of doctors believe they are overprescribed. The doctors reported concerns about addiction, overdoses, and traffic accidents. But an even greater number -- 90% -- were confident in their own ability to correctly prescribe opiates.

International

Meth in Iran. Reuters has a report on the increase of methamphetamine use in the Islamic Republic. The news agency notes that meth seizures more than doubled between 2008 and 2012 and that last year alone, the government seized 3.6 tons of speed. The report cites experts as saying the rise of meth is being driven by increased development in the country and a more complicated and faster-paced lifestyle.

Opium Production Thriving in the Golden Triangle, UN Reports. Opium production in Southeast Asia's Golden Triangle has increased for the eighth straight year, the UN said Sunday in its Southeast Asia Opium Survey 2014. The acreage under cultivation increased slightly, giving the region to ability to produce about 76 tons of heroin. Myanmar accounts for most of the Golden Triangle production, and the Shan State accounts for most of Myanmar's production. The Golden Triangle is the world's second largest opium production region, behind Afghanistan, but only produces about one-fifth the amount Afghanistan does.

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 (house.gov)
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.

International

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: GOP Still Going After DC Pot Laws, FL Welfare Drug Test Law Blocked, More (12/4/14)

The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:

Marijuana Policy

Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.

Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.

Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.

New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.

Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.

Medical Marijuana

California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Drug Testing

DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."

Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.

Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.

New Synthetic Drugs

Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.

Drug War Issues

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