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Chronicle AM: OR Battle of the Moms, San Jose Dispensaries Gone, Four Pillars Revisited, More (10/17/14)

Oregon moms take stands on Measure 91, a new Delaware poll has healthy support for legalization, say goodbye to most of San Jose's dispensaries, there's an asset forfeiture reform bill in Virginia, and more. Let's get to it:

Highway traffic stops often result in asset forfeiture actions. Virginia is the latest state to see a reform bill. (flickr.com)
Marijuana Policy

Moms Rally For and Against Oregon Initiative. It was the battle of the moms today in Oregon as mothers for and against the Measure 91 legalization initiative held opposing rallies. The pro side met in Portland, while the anti side met in Lake Oswego. The moms for 91 included mothers who came from Colorado and Washington and spoke of the experiences there. Click the link for more detail.

Delaware Poll Has Healthy Majority for Legalization. A University of Delaware poll released Thursday has support for marijuana legalization at 56%, with only 39% opposed. Majorities in all three of the state's counties supported legalization. "I would say the numbers suggest solid support for fully legalizing marijuana in Delaware," said Paul Brewer, the political communications professor at the University of Delaware who supervised the poll. "The results also reflect what's going on in public opinion at the national level, where the trends show a growing majority favoring legalization." Click on the link for a broader discussion of pot politics in the state.

Medical Marijuana

The Bell Tolls for San Jose Dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of today, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

Oregon Court Rules Local Governments Can Ban Dispensaries. In a Thursday ruling, a Josephine County Circuit Court judge has held that local governments can restrict or ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

Asset Forfeiture

Asset Forfeiture Reform Bill Filed in Virginia. Del. Mark Cole (R-Fredericksburg) has filed a bill that would require a criminal conviction before authorities could seize property. Under current state law, a criminal conviction is not required for asset forfeiture to take place. "While I certainly do not want to make the job of our law enforcement officials harder, I believe we need to strengthen our property protections to avoid potential abuse or the taking of property from an innocent person," he said. The bill is HB 1287. It's strange bedfellow supporters include tea party groups and the ACLU.

International

Vancouver's Four Pillar Policy: Where Is It Now? It's been 13 years since Vancouver approved a groundbreaking, progressive drug policy that explicitly included controversial harm reduction provisions, as well as treatment, prevention, and law enforcement (thus, the four pillars). Now, a new series available via broadcast or podcast, examines where Four Pillars is today, what it has achieved, and whether it can last. Click on the link for more details and to find out where and how to watch.

Chronicle AM -- August 4, 2014

Sentencing reform bills look to be picking up steam in Congress, Massachusetts is expanding drug courts, Tennessee's welfare drug test law generates unimpressive results, drug reform conferences are coming in Latin America, and more. Let's get to it:

Oregon drug court (co.washington.oregon.us)
Marijuana Policy

Toledo, Ohio, Decriminalization Initiative Campaign Hands in Signatures. Backers of a Toledo municipal decriminalization initiative handed in some 13,000 signatures Monday. They need 6,000 valid signatures to qualify for the November ballot. The campaign is being led by Northwest Ohio NORML.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up Cosponsors. The bill, House Resolution 5226, would exclude low-THC therapeutic cannabis oil from the definition of marijuana under the Controlled Substances Act. It was filed with three cosponsors, and picked up seven more late last week. There are five Democrats and five Republicans now sponsoring it.

Sentencing

Senate Smarter Sentencing Act Picks Up New Cosponsor. The bill, Senate Bill 1410, would allow federal judges to sentence below mandatory minimums in some cases, apply adjusted crack cocaine sentences to people after the passage of the 2010 Fair Sentencing Act, as well as other sentencing reform provisions. The latest cosponsor is Sen. Elizabeth Warren (D-MA). The bill now has 31 cosponsors -- 23 Democrats, two independents, and six Republicans.

House Smarter Sentencing Act Picks Up New Cosponsor. The bill, House Resolution 3382, is identical to the Senate version above. The latest cosponsor is Rep. Betty McCollum (D-MN). The bill now has 49 cosponsors -- 35 Democrats and 14 Republicans.

House Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, House Resolution 3465, introduced by Rep. James Sensenbrenner (R-WI), amends the Second Chance Act of 2007 to allow for funding for grants for family-based drug treatment and for drug treatment and criminal justice collaboration for people leaving prison. The latest cosponsor is Rep. Marc Veasey (D-TX). The bill now has 40 cosponsors -- 33 Democrats and seven Republicans.

Drug Testing

Tennessee Welfare Drug Testing Law Screens 800 Applicants; One Fails Drug Test. In the first month that the new welfare drug screening and testing law went into effect, 812 applicants were asked to submit to screening for evidence of possible drug use. Four refused the initial screening, a series of questions about drug use. After initial screening, only six people were asked to submit to drug tests in order to receive benefits. Five out of the six passed. One failed the drug test.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up Cosponsor. The bill, House Resolution 5212, was introduced late last week by. Rep. Tim Wahlberg (R-MI). It would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to prove a property owner's involvement in criminal activity. It now has a cosponsor, Rep. Renee Elmers (R-NC).

Law Enforcement

Massachusetts to Expand Drug Courts. Faced with an increase in heroin overdoses and opiate addiction, the state will add five drug courts to the 21 it currently has. Drug reformers criticize drug courts as not the answer for dealing with people whose only "crime" is their drug habit.

International

Mexican State Moves to Limit Coverage of Violent Crime. The state of Sinaloa, home to -- you guessed it -- the Sinaloa Cartel, has barred reporters from covering the violence there. The state congress last Thursday approved a law that restricts journalists to official government press releases for crime information and bans them from inspecting the scene, taking any photos or videos, or recording audio on-site.

Uruguay Solicits Bids for Marijuana Growers. Would-be marijuana growers in Uruguay have until August 18 to submit bids for licenses to grow pot at government-run fields and then sell it to consumers. The government there will license up to five growers.

Colombia Drug Reform Conference Later This Month. A drug reform conference will be held in Bogota on August 14 and 15. The conference is "Drug Policy 25 Years After the Death of Luis Carlos Galan: How Much Have We Advanced?" The Drug Policy Alliance's Ethan Nadelmann and Dr. Carl Hart will be there, as will numerous Colombian and other Latin American presenters and participants. Click the title link for more details.

Fifth Annual Latin American Drug Reform Conference in Costa Rica Next Month. The hemispheric conference will be held in San Jose on September 3 and 4. The conference will also include the First Annual Central American Drug Reform Conference. Click on the title link for lots more information.

Denmark's Liberal Alliance Calls for Drug Decriminalization. The opposition Liberal Alliance called at its summer meeting Sunday for the decriminalization of the possession of all drugs, increasing the use of medical marijuana in the national health sector, and continuing the safe injection site initiative. "We know that it doesn't help to punish people for being in possession of drugs," said party leader Anders Samuelson. "We are not talking about a total liberalization of drug dealing. It should still be illegal to sell drugs, but not to be in possession of them." The proposal is not winning support from other political parties.

Chronicle AM -- May 28, 2014

Look out 2016, here comes Nevada! Also, a US congressman rips into NYPD over marijuana arrests, a New York medical marijuana bill passes the Assembly, Dallas pays out big time for police misbehavior, former DEA head Asa Hutchinson wants more drug war for Arkansas, and more. Let's get to it:

Marijuana Policy

Nevada Legalization Initiative Campaign Gets Underway. The Coalition to Regulate Marijuana Like Alcohol yesterday commenced its campaign to put a legalization initiative on the 2016 ballot. Two Nevada politicians who are members of the campaign, Sen. Tick Segerblom (D-Las Vegas) and former Republican Senate Caucus executive director Joe Brezny, were the first to sign the petitions. Canvassers need to come up with 101,000 valid voter signatures by November. If that happens, the measure goes to the legislature. If the legislature declines to act or rejects the measure, it goes to the voters in November 2016.

Oak Park, Michigan, Activists Sue Over Decriminalization Initiative Delay. The Safer Oak Park Coalition has filed a lawsuit against city officials charging that they are delaying efforts to put a decriminalization initiative before the voters. The Coalition handed in more than enough signatures to qualify for the ballot on April 27, but city officials said it was too late to have a ballot measure ready for the August primary election. Unless the lawsuit prevails, Oak Park residents will have to wait until November to vote on the issue.

New York City US Congressman Rips NYPD Over High Marijuana Arrest Numbers. Rep. Hakeem Jeffries (D-NY), who represents parts of Brooklyn and Queens, called on the NYPD yesterday to quit arresting so many people for minor pot possession. More than 28,000 were arrested last year -- 86% of them black or brown -- even though Mayor Bill DeBlasio (D) called the mass arrests and the racial disparity in them "unjust and wrong." The rate of arrests so far this year has dropped by 9%, but that's still 7,000 pot busts in the city this year alone, and the numbers were heading up at quarter's end. Arrests topped 50,000 in 2011, before NYPD was instructed to quit violating the spirit of the state's decriminalization by arresting people for "open possession" after intimidating them into emptying their pockets.

Washington State Parolees Can Smoke Marijuana. The Washington Department of Corrections says it will stop testing the state's 14,000 parolees for THC because marijuana is now legal in the state. "We don't want to hold them to that level, when, as a citizen, you wouldn't be held to that level either," a department spokesperson explained. The department isn't endorsing marijuana use, she added, "We are simply aligning with state law."

Medical Marijuana

New York Assembly Passes Comprehensive Medical Marijuana Bill. The Assembly Tuesday approved Assembly Bill 6357, a comprehensive medical marijuana bill, by a margin of 91-34. This is the fifth time the Assembly has passed a medical marijuana bill, only to see them die in the Senate. This year, a bill is moving in the upper chamber, and a key committee head has signaled if he may be willing to let it come to a vote -- if the Senate leadership agrees.

North Carolina Lawmaker Files Limited CBD Medical Marijuana Bill. She said she would, and now she has. Rep. Pat McElraft (R-Carteret County) Tuesday filed a bill to allow for the use of high-CBD cannabis oil for people suffering "intractable seizures." The measure is House Bill 1220.

Drug Policy

Former DEA Head Asa Hutchinson Vows More Drug War if Elected Arkansas Governor; Democratic Foe Says He's Tough on Crime, Too. Former DEA head Asa Hutchinson, running as a Republican for the Arkansas governor's seat, Tuesday unveiled a plan to address drugs and crime that includes $1 million a year in additional funding for the state's parole system, $300,000 a year for reentry programs for ex-convicts, and more, as yet unspecified, money for the State Police, more drug courts, more drug task forces, and maybe even a new prison. He also hinted that he might want to "re-tweak" a 2011 sentencing reform bill to give prosecutors "more flexibility" in prosecuting property and drug crimes. Hutchinson's Democratic opponent, former US Rep. Mike Ross, also "has a strong record of being tough on crime and supporting our law enforcement community," his campaign retorted Tuesday.

Law Enforcement

City of Dallas Keeps Paying Out for Police Misbehavior. Last week, the Dallas city council approved a $105,000 settlement to a man beaten unconscious by police during a fruitless drug raid. It's just business as usual in Dallas, where the pay-out was just the latest in a series of series of high-profile, six-figure lawsuits against the Dallas PD in recent years, including at least one other drug-related case. The city council approved the most recent settlement without debate.

International

Australia's New South Wales Greens Launch Medical Marijuana Bill. The NSW Greens Tuesday launched their campaign to pass a medical marijuana bill Tuesday. The bill, the Drug Legislation Amendment (Use of Cannabis for Medical Purposes) Bill 2014 would allow people suffering from terminal illnesses to possess up to 15 grams of marijuana upon a doctor's recommendation. The bill is in line with the recommendations of a cross-party Upper House inquiry into the issue last year.

(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 -- February 27, 2014

A thousand people march in support of "El Chapo" Guzman in his home state, Alaska makes it official that legalization is on the August ballot, another poll has a nationwide majority for marijuana legalization, medical marijuana bills move in a pair of states, there are a pair of moves to tighten up on pain pills, and more. Let's get to it:

Zohydro or No-hydro? A move is on to get the new hydrocodone-based pain medication killed.

Marijuana Policy

It's Official -- Alaska Lieutenant Governor Signs Off on Legalization Initiative. Alaska Lt. Gov. Mead Treadwell Wednesday made it official: Alaska will vote on a marijuana legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol in Alaska, which is working with the Marijuana Policy Project. "I have determined that the initiative sponsors have timely filed the petition and that the petition is signed by qualified voters… the Director of the Division of Elections shall place the ballot title and proposition on the election ballot for the Primary Election on August 19, 2014," Treadwell wrote in his official statement.

CBS News Poll Has Narrow Majority for Legalization, Strong Support for Medical Marijuana. Some 51% of Americans think marijuana should be legal, according to a new CBS News poll, and a whopping 86% think doctors should be able to prescribe it for medical use. Just three years ago, the CBS News poll had support for legalization at only 40%. CBS News now joins pollsters at Gallup, Pew Research, CNN,Quinnipiac, PPP, NBC News/Wall Street Journal, who have have all found that a majority of the country supports marijuana legalization.

Medical Marijuana

Georgia CBD Medical Marijuana Wins House Committee Vote. A bill that would allow for the use of CBD cannabis oil for children suffering epileptic seizures won a unanimous vote in the House Health and Human Services Committee Wednesday. House Bill 885 was approved after sponsor Rep. Allen Peake (R-Macon) amended it to allow for cultivation of marijuana at Georgia medical research universities. Producers of CBD cannabis oils cannot legally import them to Georgia.

Kentucky Medical Marijuana Bill Wins House Committee Vote. The Kentucky House Health and Welfare Committee approved a bill that would allow people suffering from conditions such as cancer, multiple sclerosis (MS), and HIV/AIDS to use medical marijuana by a vote of 9-5 today, following a public hearing. The Cannabis Compassion Act, or House Bill 350, introduced by Rep. Mary Lou Marzian (D-Louisville) and cosponsored by Committee Chairman Tom Burch (D-Louisville), would permit licensed patients and caregivers to possess and cultivate limited amounts of marijuana, and it would establish regulations to operate a limited number of medical marijuana compassion centers and testing facilities.

Drug Courts

New Jersey Governor Wants $4.5 Million for Drug Court Expansion. New Jersey Gov. Chris Christie (R) announced Wednesday that his proposed 2015 budget includes $4.5 million to pay for an expansion of the state's drug court program, but the sponsor of the bill that created the expansion says that isn't enough. The budget also includes half a million dollars to help provide drug offenders with employment services and another half million to allow drug court clients to obtain job training, skills acquisition, and job placement. But critics said if the state wants to provide drug treatment, it should do so without forcing people into drug court. "If you're really going to talk about the shift from addiction to treatment, it's not just for those who get arrested," said Roseanne Scotti, the director of the Drug Policy Alliance New Jersey office.

Opioid Pain Medications

Coalition Calls on FDA to Reverse Approval of Zohydro. Zohydro, a hydrocodone-based opioid pain reliever, was approved by the FDA last fall, but now a coalition of drug treatment, healthcare, and consumer groups led by Physicians for Responsible Opioid Prescribing is calling on the agency to reverse that decision. "It's a whopping dose of hydrocodone packed in an easy-to-crush capsule," said the group's Dr. Andrew Kolodny. "It will kill people as soon as it's released." But Zogenix, Zohydro's manufacturer, and the FDA both insist that the drug's benefits outweigh its risks.

DEA Publishes Proposal to Move Hydrocodone Combo Products to More Restrictive Schedule II. The DEA today published in the Federal Register notice that it intends to reschedule the opioid pain reliever hydrocodone from Schedule III to Schedule II, making it more difficult to access, when it is sold in products that also contain substances, such as aspirin or acetaminophen. Hydrocodone by itself is already Schedule II, but Congress placed the combination products in Schedule III when it passed the Controlled Substances Act in 1970. The DEA says Schedule III opioids are more likely to be abused than the more tightly controlled Schedule II ones. Public comment on the proposed rule must be made by April 27 and can be done at www.regulations.gov. A request for a hearing can be made at the same web site, but the deadline for that is March 31.

Sentencing

Sentencing Discrepancies Under Scrutiny in Minnesota. Widespread disparities in Minnesota drug sentencing revealed in a Minneapolis Star Tribune story Sunday led to a legislative hearing Wednesday in which legislators offered up fixes ranging from stiffer sentences for drug "kingpins" to lesser penalties for low-level drug offenders. But even though Minnesota has tougher drug sentences that surrounding states, increased penalties appeared to have more traction than decreased ones.

International

A Thousand March for "El Chapo" Guzman in Culiacan. More than a thousand people marched through the streets of Culiacan, the capital of Sinaloa, in support of captured Sinaloa Cartel leader Joaquin "El Chapo" Guzman Wednesday. The largely young crowd, many dressed in white, bore signs that read "We want Chapo Freed" and "We demand no extradition" as they filed across the center of Culiacan.

Bermuda Activist Challenges Bias of Speaker Chosen By Government to Address Medical Professionals. Attorney Alan Gordon, one of Bermuda's most prominent marijuana activists, is raising concerns about the government's selection of Dr. Andrea Barthwell to address medical professionals there. Barthwell, a former deputy drug czar under George W. Bush, has "a long history of credible accusations" made against her "one-sided and heavily misleading information which could harm Bermuda health care," Gordon said. "Dr. Barthwell's bias against medical cannabis, historically, is so strong that she is not a credible source of information until she meaningfully addresses the allegations," said Gordon. He had a lot more to say about Barthwell, too. Click on the link to read it all.

Chronicle AM -- January 28, 2014

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

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

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

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

Medical Marijuana

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

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

Hemp

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

Drug Testing

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

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

Law Enforcement

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

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

International

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

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

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

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

Chronicle AM -- January 16, 2014

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

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

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

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

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

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

Medical Marijuana

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

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

Hemp

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

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

Heroin

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

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

Kratom

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

Drug Courts

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

Search and Seizure

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

International

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

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

Chronicle AM -- December 23, 2013

The marijuana court judge was drunk, Dread Pirate Roberts wants his bitcoins back, Beto O'Rourke wants the Border Patrol to answer some questions, Rand Paul and Cory Booker tweet policy, and more. Let's get to it:

Marijuana Policy

Florida "Marijuana Court" Judge Comes to Work Drunk. Florida Judge Gisele Pollack, who pioneered the notion of a "marijuana court," where misdemeanor pot offenders are steered toward treatment, showed up at work last Tuesday drunk out of her mind. When court staff tried to keep her off the bench, she responded, "Fuck you, you're fired." She was also reportedly screaming and crying as she demanded that her car keys be returned to her. She later told reporters she would be off for two weeks in "an intense outpatient program."

Medical Marijuana

Florida Signature-Gatherers Held Day of Action Saturday. Organizers for the campaign to put a medical marijuana initiative on the Florida ballot held a "Day of Action" Saturday as their effort heads into its final weeks. Supporters set up locations in 14 cities, including Daytona Beach and Orlando, where volunteers picked up and dropped off petitions. They need 700,000 to make the ballot, but are seeking to gather one million to have a cushion.

Asset Forfeiture

Silk Road's Dread Pirate Roberts Wants His Bitcoins Back. Ross Ulbricht, also known online as the Dread Pirate Roberts, is asking the federal government to return more than $30 million worth of bitcoins it seized after it shut down his Silk Road web site for allowing visitors to buy and sell illegal drugs and other contraband. Ulbricht argues in a legal filing that the currency should be returned because it isn't subject to civil forfeiture rules.

Law Enforcement

Beto O'Rourke Calls for Investigation into Heavy-Handed Border Drug Searches. US Rep. Beto O'Rourke (D-TX) is calling for an investigation into border drug search practices after, in the latest border search scandal, a New Mexico woman is suing after having been subjected to body cavity searches, including anal and vaginal probes while crossing into El Paso from Mexico. "Recent allegations brought against CBP for extreme and illegal searches are deeply troubling and, if true, completely unacceptable," O'Rourke said. "Individuals do not waive their constitutional or human rights simply because they choose to cross one of our international bridges. The war on drugs cannot be an excuse for sexual assault under the color of legal authority. Constitutional limits exist so that the rights of our citizens are protected and the government does not deprive any person of life, liberty, or property, without due process of law," O'Rourke said. "CBP has a responsibility to ensure that all persons entering into our country are treated humanely and in accordance with our laws."

Sentencing Reform

Paul-Booker Tweet Fest Could Be Harbinger of Reform Alliance Next Year. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) engaged in a Twitter exchange today that could augur cooperation on moving forward with sentencing reform and marijuana and hemp legalization next year. Both are among the highest-profile senators seeking sentencing reform. Read the exchange at the link.

International

A Thousand Rally for Marijuana Legalization in Tel Aviv. More than a thousand people rallied in Tel Aviv's Rabin Square Saturday night in favor of marijuana legalization and easing restrictions on medical marijuana. Likud lawmaker Moshe Feiglin and Meretz lawmaker Tamar Zandberg have proposed a bill that would legalize marijuana and ease access to it for medical use.

Costa Rica Presidential Candidates Not Keen On Marijuana Legalization. Costa Rica's two leading presidential candidates have said they do not support the full legalization of marijuana in Costa Rica. Proponents of medical marijuana, however, might glean some hope from the candidates' responses. Front-runners Johnny Araya of the National Liberation Party and Jose Maria Villalta of the Broad Front are lukewarm at best on marijuana reform. Araya said "I'm against legalizing marijuana in Costa Rica," while Villalta, while not endorsing legalization, at least called for "a broad national dialogue" on the issue.

Legalization Foes Come Out Swinging Against Marijuana [FEATURE]

Two states have already legalized marijuana, bills to do the same have been or will be filed in a half-dozen more this year, a federal bill to repeal pot prohibition has also been introduced, legalization initiatives aimed at 2014 or 2016 are already being plotted, and public opinion polls are showing support for marijuana legalization edging into majority territory. The opposition is started to get worried.

Anti-prohibitionists aren't the only ones targeting Congress.
And it is moving to blunt the legalization trend. While official Washington has so far remained largely silent in the face of the fact of legalization in two states and the threat of it in more in the near future, special interests threatened by the end of marijuana prohibition and self-appointed anti-pot crusaders are starting to stage a pushback. While it is tempting to dismiss the crusaders as being on the wrong side of history, reform advocates are wary of their advocacy and say the good guys need to step up their game.

Project SAM (Smart About Marijuana), the recently formed brainchild of former Congressman-with-addiction-issues Patrick Kennedy (D-RI) and former Office of National Drug Control Policy staffer Kevin Sabet, last week authored a letter to US Attorney General Eric Holder calling on him to stand firm against marijuana legalization.

Its co-signers include a veritable cavalcade of beneficiaries of government drug spending, among them the federally-funded Community Anti-Drug Coalitions of America, the National Narcotics Officers Association Coalition, and the National Association of Drug Court Professionals (NADCP). Other signers are a Colorado pediatric physicians' group and Smart Colorado, "a broad-based alliance of concerned public health officials," which is funded almost entirely by Mel and Betty Sembler, long-time drug warriors notorious for having operated abusive treatment programs for teens in the 1990s.

"We are writing to you to enforce the Controlled Substances Act (CSA) in Colorado and Washington with respect to recent ballot measures legalizing marijuana," wrote Kennedy and the gang. "These state laws would severely threaten public health and safety goals, expressly contradict the President’s National Drug Control Strategy, make it impossible to comply with federal regulations, and present an obstacle to the achievement of Congress' discernible objectives to prohibit the use, sale, manufacture, and distribution of marijuana. We urge you to restate marijuana is illegal."

The marijuana legalization laws in Washington and Colorado "violate both the intent of Congress in enacting the CSA and the letter of the law," the letter continued. "The Department of Justice and Congress have determined through the CSA that marijuana is a Schedule I drug and as such growing, distributing, and possessing marijuana in any capacity, save a federal research program, is in 'violation of federal law regardless of state laws permitting such activities.'"

Project SAM advocates prevention and drug treatment for marijuana users and wants to avoid stigmatizing them, but still wants marijuana to be illegal.

"There is an arrest and prosecution industry in this country that depends on marijuana remaining illegal to maintain their budgets and stay in business," retorted Mason Tvert, one of the key organizers of the Colorado initiative and now a spokesman for the Marijuana Policy Project. "As Project SAM has said, we need to be focusing our attention on providing treatment to those who need it, but unfortunately their stance on marijuana would waste treatment resources on people who don’t. These groups talk about teens using marijuana, and if their true goal was preventing teen marijuana use, we would gladly join them, but their real goal is to keep marijuana illegal, and that doesn't benefit teens or anyone else… but themselves."

For one of the Project SAM signatories, signing on to somebody else's letter wasn't enough. The NADCP Monday released its own position statement against legalizing marijuana, saying "every dangerous and addictive drug was once believed to be safe and medicinal."

NADCP "unequivocally stands against the legalization of marijuana and the use of smoked marijuana as medicine," the group said. Society need not fall for the "false choice" of legalization or incarceration when it can find a third way through the "curative effects of drug courts and dozens of other treatment programs."

"Drug court is the equivalent of purgatory in the Catholic theology," commented Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws. "If you comport with their demands and accept your moral turpitude, they may let you ascend. But if you fail the drug test or don't show proper deference to the system, you will not only be stuck in purgatory, but may pushed down into the bowels of hell," the veteran activist said.

"We get calls all the time from people facing this Hobbesian choice of drug courts or traditional courts, and we have to warn them that, unlike the early 1990s, when they looked like a good alternative to incarceration, we have seen so many cases where individuals face far worse penalties, fines, and incarceration in drug court than if they took the worst plea bargain in regular court. Drug court pleaders belong in the category of special interests who clearly benefit -- if not exist wholly -- because of this government prohibition."

Reformers should not take this new opposition lightly, some reformers say.

"While these groups are completely dependent on federal government anti-drug money and can be discounted as fighting to protect their own rice bowls, it would be a naïve and arrogant mistake to ignore them," said Eric Sterling, executive director of the Criminal Justice Policy Foundation. "Kevin Sabet is an energetic guy, and these groups have lots of taxpayer money to spend on this. They will mobilize in other states, and they have the ability to get the ear of the attorney general and others."

Similarly, said Sterling, "to a lay person, the NADCP statement is an impressive statement," even though policy and other experts may see their claims as overstated.

"People in reform should be concerned about a reaction," he said. "It is certain that these documents represent products being developed by a concerted movement to turn back the tide. The opposition is first out of the box on this," Sterling warned as he wondered aloud what the reform movement is doing to counter the counter-revolution.

"I was told in November that folks at Justice were completely blindsided by the victories in Colorado and Washington," he said. "What written correspondence to Holder can we point to about what they should do? I know there have been some informal conversations between state officials and the attorney general, but there is nothing in writing that both lays out a plea and a case for accommodating state laws."

That reflects a broader problem of lack of aggressiveness within the reform movement, he said.

"On one level, the reform movement is not being proactive," Sterling argued. "It's one thing to get an initiative passed, and we've demonstrated a high degree of competence at that, but we haven't seen that same sort of competence when it comes to Washington. It's a much more complex and tricky problem to mobilize a majority of the House or Senate, and there has not been a well-organized effort on a sustained basis to get Congress to weigh in. It's amazing to me that so far after 1996, no senator has ever introduced a bill to allow their state to have a medical marijuana program free from federal interference. There are now 36 senators from 18 medical marijuana states, and not one of them has ever introduced a bill. That's an amazing failure to organize by our movement."

The movement -- especially that part of it with deep pockets -- needs to step up, Sterling said.

"I'm not aware that any of our movement organizations have a strategy for getting the American Bar Association or other high-profile groups to take a position on marijuana enforcement after the passage of the initiatives," he said. "Those kinds of campaigns need to be thought about and have people assigned to do them. I haven't done that either, but I'm not a leader of any of the 'angel organizations' that do this work."

While the reform movement builds itself, it can still attack the foe, St. Pierre said.

The opposition is actively pushing back now. Reformers are working quietly with state officials on implementation of regulation, but they can't forget that Washington is where some crucial decisions get made. Project SAM and its allies certainly haven't.

Some States Move on Sentencing Reform

With state budgets devastated by the 2008 financial crisis and subsequent slow economic growth, the impulse to incarcerate is being blunted by fiscal realities. This year, a number of states have passed legislation designed to ease the financial burden of mass incarceration.

The slight trend away from mass incarceration by the states has been evident for the past couple of years, as for the first time in decades, the number of prisoners being held by the states has declined. According to the Bureau of Justice Statistics, at the end of 2010, the last year for which numbers are available, the number of combined state and federal prisoners declined for the first time since 1972. The decline was driven by the states, with state prison populations down 0.5%, while the federal prison population grew by 0.8%.

A number of states, including California and Texas, have in the past decade begun reforming their sentencing practices, accounting for the decline. Recently passed sentencing reforms in several states could help see those numbers drop even further. These include:

Hawaii

Last month, Gov. Neal Abercrombie (D) signed into law two bills, House Bill 2515 and Senate Bill 2776. They will, among other things, allow judges to impose probation for first- and second-time drug possession charges. The bills also expand the use of pre-trial and parole hearing risk assessment to identify and release low-risk offenders and prisoners. And they provide funds for community-based drug treatment programs.

Illinois

Late last month, Gov. Pat Quinn (D) signed into law Senate Bill 2621, which restores good time credits to non-violent offenders who complete drug treatment, job training, or other rehabilitation programs. Quinn had suspended the good time credits after a 2010 scandal in which it was revealed that many prisoners had won early release after serving only weeks in prison. The new new law requires prisoners to serve at least 60 days before they could be released for good time credit, and prisoners can earn no more than 180 days of good time credit.

Missouri

Last week, a bill that reduces the sentencing disparity between crack and powder cocaine began law without the signature of Gov. Jay Nixon (D). The bill was approved by the Republican-led legislature on the last day of the session and reduces the state's 75-to-1 ratio in sentencing for the two different types of cocaine to a ratio of about 18-to-1.

New Jersey

Late last month, the legislature passed Senate Bill 881, under which non-violent, drug-dependent offenders will receive treatment rather than prison. The bill also removes prosecutorial objections to sending someone to drug court and expands eligibility for the state's drug court program. Gov. Chris Christie (R) is expected to sign the bill.

Ohio

Late last month, Gov. John Kasich (R) signed into law Senate Bill 337, which allows people to seal the records on one felony and one misdemeanor or two misdemeanor convictions. The idea is to make it easier for former prisoners to find work. The law also creates a certificate of qualification that will give ex-offenders the ability to get some occupational licenses they were previously barred from obtaining.

Pennsylvania

Earlier this month, Gov. Tom Corbett (R) signed into law Senate Bill 100, which incorporates many of the recommendations of his Justice Reinvestment Working Group and passed both houses of the legislature unanimously. It expands eligibility for alternative sentencing programs, allows for intermediate sanctions so that fewer technical parole violators are sent to prison, and diverts some low-level defendants from prison. But it's not all good: The bill also eliminates the pre-release program that allows qualifying prisoners to be paroled to halfway houses before their minimum dates.

Tennessee

In May, Gov. Bill Haslam (R) signed into law Senate Bill 3520, which allows some former prisoners to expunge certain felonies and misdemeanors from their criminal records. It only applies to those with a single conviction, but legislative fiscal analysts projected it would increase expungement requests by 60,000 a year.

The states are not undertaking a radical rethinking of the rote resort to incarceration, but they are nibbling at the edges, particularly when it comes to drug offenders. Every little bit helps.

Obama's 2012 Drug Strategy: The Same Old Same Old [FEATURE]

The Obama administration released its 2012 National Drug Control Strategy and accompanying 2013 drug budget Tuesday, and while the administration touted it as a "drug policy for the 21st Century," it is very much of a piece with anti-drug policies going back to the days of Richard Nixon.

Drug war spending continues to exceed treatment and prevention spending (ONDCP)
"We will continue to pursue a balanced approach… in a national effort to improve public health and safety," wrote Office of National Drug Control Policy (ONDCP) head Gil Kerlikowske in the introduction to the strategy. "We will work to prevent illicit drug use and addiction before their onset and bring more Americans in need of treatment into contact with the appropriate level of care. We will continue to build on the administration’s progress in reforming the justice system, ensuring that laws are applied fairly and effectively -- protecting public safety while also ensuring that drug-involved offenders have the opportunity to end their drug use and rebuild their lives."

But that's only one half of the administration's approach. The other half, as Kerlikowske makes clear, it continued adherence to classic war on drugs strategies.

"We will continue to counter drug produc­tion and trafficking within the United States and will implement new strategies to secure our borders against illicit drug flows," the drug czar wrote. "And we will work with international partners to reduce drug production and trafficking and strengthen rule of law, democratic institutions, citizen security, and respect for human rights around the world."

The federal government will spend more than $25 billion on drug control under the proposed budget, nearly half a billion dollars more than this year. And despite the administration's talk about emphasizing prevention and treatment over war on drugs spending, it retains the same roughly 60:40 ratio of law enforcement and interdiction spending over treatment and prevention training that has obtained in federal drug budgets going back years. In fact, the 58.8% of the proposed budget that would go to drug war programs is exactly the same percentage as George Bush's 2008 budget and even higher than the 56.8% in Bush's 2005 budget.

ONDCP director Gil Kerlikowske
In the 2013 drug budget, treatment and early intervention programs would be funded at $9.2 billion, an increase of more than $400 billion over this year, but most of that increase is for treatment covered under the Medicaid and Medicare programs. Grant programs under the Substance Abuse and Mental Health Services Administration (SAMHSA), including Access to Recovery, early screening and referral, and drug courts are all reduced under the 2013 budget, although drug courts would see an increase in funding under the Department of Justice's Problem Solving Justice Program.

One area where treatment funding is unequivocally increased is among the prison population. Federal Bureau of Prisons treatment spending would jump to $109 million, up 17% over this year, while the Residential Substance Abuse Treatment Program for state prisoners would be funded at $21 million, up nearly 50% over this year.

The drug strategy's rhetorical emphasis on prevention is not reflected in the 2013 budget, which calls for a 1% decrease in funding. SAMHSA prevention grants and Drug Free Communities funding would decrease slightly, while the administration seeks $20 million to restart the much maligned and congressionally zeroed-out Youth Drug Prevention Media Campaign.

On the drug war side of the ledger, domestic anti-drug law enforcement spending would increase by more than $61 million to $9.4 billion, with the DEA's Diversion Control Program (prescription drugs) and paying for federal drug war prisoners showing the biggest increases. The administration anticipates shelling out more than $4.5 billion to imprison drug offenders.

But domestic law enforcement is only part of the drug war picture. The budget also allocates $3.7 billion for interdiction, a 2.5% increase over the 2012 budget, and another $2 billion for international anti-drug program, including assistance to the governments of Central America, Colombia, Mexico, and Afghanistan.

Critics of the continued reliance on prohibition and repression were quick to attack the new drug strategy and budget as just more of the same.

"The president sure does talk a good game about treating drugs as a health issue but so far it's just that: talk," said Neill Franklin, executive director of Law Enforcement Against Prohibition (LEAP) and a former narcotics officer in Baltimore. "Instead of continuing to fund the same old 'drug war' approaches that are proven not to work, the president needs to put his money where his mouth is."

"This budget is appalling. The drug czar is trying to resurrect those stupid TV ads, like the one where a teenager gets his fist stuck in his mouth," said Rob Kampia, executive director of the Marijuana Policy Project. "The budget intentionally undercounts the federal government's expenditures on incarcerating drug offenders, who comprise more than half of the federal prison population. And the budget dangerously proposes a massive escalation in using the military to fight drugs domestically. Congress should just ignore this budget and start from scratch. Specifically, Congress should not provide the Obama administration with any money to go after nonviolent marijuana users, growers, or distributors."

In the 2013 drug strategy, the administration is highlighting a renewed emphasis on drugged driving and is encouraging states to pass "zero tolerance" drugged driving laws. It is also emphasizing attacking the massive increase in non-prescription use of opioid pain pills.

While the strategy calls for lesser reliance on imprisonment for drug offenders, it also calls for increased "community corrections" surveillance of them, including calling for expanded drug testing with "swift and certain" sanctions for positive tests. But drug testing isn't just for parolees and probationers; the drug strategy calls for expanded drug testing in the workplace, as well.

The drug strategy acknowledges the calls for recognition of medical marijuana and marijuana legalization, but only to dismiss them.

"While the Administration supports ongoing research into determining what components of the marijuana plant can be used as medicine, to date, neither the FDA nor the Institute of Medicine has found the marijuana plant itself to meet the modern standard for safe or effective medicine for any condition," the strategy said. "The Administration also recognizes that legalizing marijuana would not provide the answer to any of the health, social, youth education, criminal justice, and community quality of life challenges associated with drug use."

For Bill Piper, director of national affairs for the Drug Policy Alliance, the 2012 drug strategy was all too familiar.

"This strategy is nearly identical to previous national drug strategies," he said. "While the rhetoric is new -- reflecting the fact that three-quarters of Americans consider the drug war a failure -- the substance of the actual policies is the same. In reality, the administration is prioritizing low-level drug arrests, trampling on state medical marijuana laws, and expanding supply-side interdiction approaches -- while not doing enough to actually reduce the harms of drug addiction and misuse, such as the escalating overdose epidemic."

The release of the drug budget comes just days after President Obama returned from the Summit of the Americas meeting, where he was pressed to open up a debate on legalizing and regulating drugs by sitting Latin American presidents like Juan Manuel Santos of Colombia and Otto Perez Molina of Guatemala. And it comes as marijuana legalization is at the cusp of majority support and trending upward.

It is past time to keep making minor adjustments -- a slight funding increase here, a decrease there, a shift of emphasis over there -- in what is fundamentally a flawed and failed policy, said LEAP's Franklin.

"The chorus of voices calling for a real debate on ending prohibition is growing louder all the time," said Franklin. "President Obama keeps saying he is open to a discussion but he never seems willing to actually have that discussion. The time for real change is now. This prohibition strategy hasn't worked in the past and it cannot work in the future. Latin American leaders know it, and President Obama must know it. Let's stop the charade and begin to bring drugs under control through legalization."

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