Marijuana Policy

Idaho is officially not a marijuana-friendly state. Although it is bordered on most sides by medical marijuana states (Washington, Oregon, Nevada, and Montana), it so far refuses to accept the medicinal use of the herb. And even though one of those states (Washington) has legalized marijuana and two others (Nevada and Oregon) have decriminalized it, Idaho remains firmly grounded in 20th Century attitudes toward the plant. The state legislature this year took the time to approve a non-binding resolution noting its opposition to marijuana legalization.

But that doesn't mean there aren't reformers in the Gem State. There have been sporadic local marijuana legalization efforts in past years, and this year, medical marijuana supporters are in the midst of signature-gathering campaign to put an initiative on the ballot.

That campaign is led by Compassionate Idaho, some of whose most stalwart and publicly visible members are Lindsey and Josh Rinehart and Sarah Caldwell. But with an incident that began while Caldwell and the Rineharts were away on a retreat, the trio are learning a harsh lesson in hardball pot politics. When they got back home, their kids were gone, and the police and child social services had them.

According to Boise Police, who released a statement on the matter as controversy grew, on April 23, they were contacted by a local school official about a child who had apparently eaten marijuana and fallen ill. Police "learned from witnesses" that the supposed marijuana supposedly came from the Rinehart residence, and, "concerned for the safety of children at the residence," they went there and found a baby sitter caring for the Rinehart and Caldwell children.

Police persuaded the baby sitter to let them search the residence and "found drug paraphernalia, items commonly used to smoke marijuana, and a quantity of a substance that appeared to be marijuana in locations inside the house accessible to the children." Police at the scene then contacted both narcotics investigators and the department's Special Victims Unit.

(Rinehart, a Multiple Sclerosis sufferer, said she indeed had medical marijuana at home, but that she had a small amount and a pipe on a dresser in her bedroom, a larger amount of trim locked away in a freezer, and some marijuana tincture in a bottle in a kitchen cabinet atop her refrigerator.)

"Based on the fact that illegal drugs and drug paraphernalia were located in an area that appeared to be commonly used by the children in the residence and the fact that one child had already become ill from ingesting what he assumed was marijuana, and the inability to contact the children's parents, detectives made the decision to contact Idaho Health and Welfare officials and place the children in imminent danger, meaning they were placed in the protective custody of the state until it can be determined they are in a safe environment," the statement said.

At this point, it is unclear whether whatever made the school child sick was marijuana. It is equally unclear that any marijuana came from the Rinehart residence. What is clear is that both the Rineharts and Sarah Campbell are up-front, in-your-face medical marijuana patients and activists, and that their children were being subjected to the tender mercies of the state.

Sarah Caldwell has had her kids returned to her -- it was not her child who is suspected of providing the suspected marijuana -- but the Rineharts are still fighting to get their kids returned.

"My sons were not involved," Caldwell said. "They were at the house the police searched, the police decided my kids were in 'imminent danger,' and it took three days to get them back."

While the two boys and the Rinehart kids were held at the same foster home, providing them with the small comfort of being with friends, Caldwell said her younger son was traumatized.

"My six-year-old is autistic," she explained. "I noticed when he came home, he started packing his favorite toys. I asked him why and he said, 'In case the police make me go away again.' He doesn't understand why," Caldwell said, her voice breaking.

While Caldwell has her children at home again, both she and the Rineharts are going to have to comply with the requirements of the child welfare system to ensure that their children can return to their old lives. But, Lindsey Rinehart said, Child Protective Services is moving more quickly than usual in her case.

Normally, Child Protective Services requires parents to meet with them at the department three times, then allows them to have three visits with their children in the community, then inspects the home to ensure a safe environment is being provided, and only then considers returning the kids, most likely with the added provision that the parents must undergo parenting and drug education classes.  But when the Chronicle last spoke to Rinehart Saturday, she was in the middle of a home visit with her kids -- one that ends Sunday morning.

"They seem to be expediting the process because they realize they messed up," she said. The state taking her kids wasn't doing them any favors, she added.

"My oldest son now will only talk if you ask him really specific questions, and my younger one is acting out," she said. "He is upset and argumentative; he has a hard time vocalizing things," she said of her six-year-old. "I told him I had to go to the store, and he freaked out; he didn't want me to leave him. He's reacting like I've never seen before. He was a happy kid; now he's mad and confused. He doesn't understand what's going on."

The older Rinehart son is having issues, too, she said.

"He's mad. Both of the kids have been educated about my medicine, so they know this is wrong," the multiple sclerosis sufferer explained. "They're mad that they were taken away because mommy had her medicine. I'm trying to comfort them as best as I can. They just know that somebody took them away, and now I have to explain that they have to go back to foster care tomorrow," Rinehart said, her voice trembling.

Both the Rineharts and Sarah Caldwell suspect they were set up.

"I'm the director of Compassionate Idaho.  Everybody knows who I am. I'm on the news at least once a month," said Rinehart. "We had just done the Hemp Fest in Moscow and signature-gathering in five towns. The police knew what they were looking for, and they knew where to look without anyone telling them. Those kids on the playground didn't know where to look. There were kids from several other families involved in that playground incident, but we think the police got who they wanted."

"I do think they were targeting us," Caldwell agreed. "That incident at the school was just an excuse for them to try to get us."

"This has got me fired up," Caldwell said. "They took my children to try to keep me focused on getting my kids back so I wouldn't do my activism, but I'm not going to stop."

The use of children as pawns in the marijuana culture wars is shocking and distressing, but nothing new, said Keith Stroup, founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML).

"We get calls three or four times a week from people who have lost custody of their children because they tested positive at birth or in a situation where parents are feuding over custody," Stroup said. "One will say 'My spouse smokes marijuana and is thus not a fit parent,' and once that child welfare issue is raised, it's a totally separate matter from the criminal justice system. Even if no one is proposing to arrest the parent, this is far more damaging and destructive to the family."

That's at least in part because once child welfare has its clutches on you, it doesn't want to let go, and it typically has an attitude toward marijuana use that is reminiscent of Reefer Madness, Stroup said.

"They can require that you take parenting and drug education courses right out of the 1950s," he said. "It's a worthless routine, but you have to do it, you have to pay hundreds of dollars to do it, and you can't get your kids back until you do it. It doesn't matter how nice or good a parent you are or how well-intentioned you are, once you get caught up in this, you are in for a bad time."

NORML is doing what it can to assist the Idaho activists, Stroup said, adding some words of advice for other marijuana-using parents, especially (but not only) in places where attitudes toward the herb are hide-bound and hardened.

"If you're in a place like Idaho and you're a young parent, never smoke in front of your kids, so if that issue ever arises, you can make sure nobody can say you were smoking marijuana and kids were playing in the same room," he counseled. "You have to be able to demonstrate convincingly that you are providing a safe and secure place for your kids. In places like Idaho, you could lose custody over your kids for something many of us in many parts of the country take for granted."

Getting the kids back is only part of the problem for the Rineharts. Idaho treats even small-time pot possession seriously -- it's one of those place where people still actually do get jail time for it -- and the couple is facing possible felony charges for possessing more than an ounce of trim.

"I'm living in an ongoing panic attack," said Lindsey Rinehart. "They update their warrants every five hours, so I check in frequently, and first thing in the morning. Because of my illness, I can't handle physical pressure very well, and I'm afraid they could hurt me when arresting me, so my lawyer has asked that if they do charge me, they just cite me."

All the stress isn't helping, and now, Rinehart can't have her medicine, either.

"I have prescribed meds to suppress my immune system, but those make me really sick. With cannabis, I only had to take it every other day," she explained. "Now, I have to take it every day, and it's so dangerous we have to regularly check my heart, liver, kidney, and eye function. And if I have pain, I'll have to go back to hydrocodone. I'll be going back on those meds I had been able to taper down from with cannabis."

But despite the trials and tribulations, neither the Rineharts nor Sarah Caldwell have been cowed, and their travails have energized supporters as well.

"People are really mad about this and are getting involved," said Rinehart. "We even have people reaching out to help fund Compassionate Idaho.

"People are coming out of the woodwork after hearing our kids got taken because of our activism," said Caldwell. "People are saying they want to help. Education is key here -- a lot of people here believe the Reefer Madness, but this is a non-toxic plant; it can't hurt you."

"The bigger picture is that we don't want this to happen to more families," said Rinehart.

"We're getting more calls than we ever did about child custody," Stroup reiterated. "There are still people being seriously damaged from what's left of marijuana prohibition. Few go to jail for marijuana anymore, but many lose custody of their kids. These repercussions may be more subtle, but they are not insignificant."

The Rineharts and Sarah Caldwell still have to deal with Child Protective Services, and the Rineharts are still waiting to see if they will face criminal marijuana and child endangerment charges. But in the meantime, there are 55,000 signatures to be gathered to get medical marijuana on the ballot and start changing Idaho's reactionary response to marijuana.

In the wake of the marijuana legalization victories in Colorado and Washington last November, and buoyed by a series of national public opinion polls showing support for pot legalization going over the tipping point, marijuana reform legislation is being introduced at state houses across the land at levels never seen before.

While the mere fact that a bill has been introduced is no guarantee it's going to pass, that such bills are being introduced in record numbers speaks to how far the marijuana reform movement has come. According to a legislative activity web page maintained by the Marijuana Policy Project, decriminalization bills have been introduced in 10 states and the dependency of the Northern Mariana Islands this year, while outright legalization bills have been introduced in 11 states and the dependency of Puerto Rico.

(This article does not review current medical marijuana legislation, which will be the subject of an additional report. In the meanwhile, our Medical Marijuana Update each week provides extensive info on legislation and other developments in the issue.)

Some of the legalization and decrim bills are dead already (see below), but others remain alive. While passage of a legalization bill this year remains a long shot, decriminalization bills in some states may fare better.

NORML founder, erstwhile executive director and current legal counsel Keith Stroup has been fighting for marijuana law reform for more than 40 years. It's never looked better, he said.

"I wasn't sure I'd live long enough to see this happening, even though the demographics are on our side," he said. "A lot of these legislatures, though, are still playing around with medical marijuana, when the truth is voters are ready to go much further, probably for decriminalization and maybe for legalization. But after we won Colorado and Washington, you can see the increased confidence a number of legislators have demonstrated, and there's only going to be more of that."

Karen O'Keefe is director of state policies for MPP. She hasn't been at it as long as Stroup, but she has a solid decade of reform efforts under her belt, and she, too, said things were definitely looking up.

"When I first started at MPP, I don't think a single state had a tax and regulate bill, and now we have 11 states, and probably Ohio coming on board, too, with tax and regulate. People are realizing it's a serious issue with majority support, and legislatures are starting to catch up," said O'Keefe.

"We first saw majority support in the Gallup poll a couple of years ago, but there wasn't nearly as much activity as this year," she said. "Having two states approve marijuana legalization with solid majorities made it seem real. Colorado and Washington were initiative states, and the first medical marijuana states were initiative states, too. Once the people have led the way, legislators begin to realize it's a popular issue that makes sense and they start to act on it."

Here's what's going on in the state legislatures (excerpted with edits from the aforementioned MPP web page), with further discussion following:

Marijuana Legalization Bills

Alabama -- House Bill 550, sponsored by Rep. Patricia Todd, would allow adults 21 and older to possess or grow limited amounts of marijuana. It would also allow a regulated and taxed marijuana industry, in addition to setting up a medical marijuana program. The bill was referred to the House Public Safety and Homeland Security Committee.

Hawaii -- Speaker Joe Souki introduced House Bill 150 and House Bill 699, which would have allowed the taxed and regulated sale of marijuana to adults 21 and older. Both bills would also have allowed adults to cultivate marijuana in a locked, secure facility. On February 12, the House Judiciary Committee deferred action on HB 699, killing the bill for the year. Because of legislative deadlines, the other tax-and-regulate bill also will not be able to advance in 2013, which is the first year of Hawaii's biennial legislative session.

Maine -- Rep. Diane Russell’s LD 1229 would allow adults 21 and older to possess and cultivate limited amounts of marijuana. It would also set up a system to license and regulate growers, infused product makers, retail stores, and labs. LD 1229 would impose a $50 per ounce tax on marijuana at the wholesale level. It was referred to the Committee on Criminal Justice and Public Safety on March 26.

Maryland -- House Bill 1453, sponsored by Del. Curt Anderson, would have provided for a taxed and regulated marijuana industry. It would have also allowed adults 21 years of age and older to possess and cultivate limited amounts of marijuana. HB 1453 was referred to the House Judiciary Committee, which heard testimony on the bill on March 19. The bill did not advance out of committee before the deadline to pass the House.

Massachusetts -- Rep. Ellen Story has sponsored House Bill 1632, which would allow adults 21 and older to possess and cultivate marijuana. It would allow a regulated, taxed marijuana industry once it is legal under federal law. HB 1632 was referred to the Joint Committee on Judiciary.

Nevada -- Assembly Bill 402, sponsored by Assemblyman Joe Hogan, would allow adults 21 and older to possess and cultivate limited amounts of marijuana. It would also create a taxed and regulated legal marijuana industry. AB 402 was referred to the Committee on Judiciary, but it did not advance before the deadline.

New Hampshire -- Rep. Steve Vaillancourt proposed House Bill 492, which would tax and regulate marijuana for adults’ use. It would also allow adults 21 and older to cultivate up to six plants. The Criminal Justice and Public Safety Committee retained HB 492, meaning it will study the issue this fall. In addition, Rep. Mark Warden introduced House Bill 337, which would have made marijuana legal without imposing regulations. HB 337 received 112 votes on March 13, including from 52 Republicans, but 239 representatives voted against the bill, so it is dead for the year.

New Mexico -- Sen. Gerald Ortiz y Pino introduced Senate Joint Memorial 31, which would have directed the state's Economic Development Department to study the budgetary implications of a legal marijuana industry. The legislative session ended without SJM 31 receiving a floor vote.

Oregon -- The House Committee on Revenue introduced House Bill 3371, which would allow persons 21 and older to grow and possess marijuana. It would also set up a system of taxation and regulation for the commercial production and sale of marijuana, similar to alcohol. The bill was referred to the House Committee on Judiciary, which approved the bill on April 2. The bill is now pending in the House Committee on Revenue.

Pennsylvania -- Senate Bill 528, sponsored by Sen. Daylin Leach, would regulate marijuana similarly to alcohol. It would allow adults 21 years of age or older to purchase, cultivate, and possess limited amounts of marijuana. On April 3, the bill was referred to the Senate Law and Justice Committee.

Puerto Rico -- Sen. Miguel Pereira has introduced a bill, Senate Bill 517, which would make it legal for adults 21 and older to possess marijuana but would not provide for regulated distribution or cultivation.

Rhode Island -- On February 6, Rep. Edith Ajello introduced House Bill 5274, the Marijuana Regulation, Control, and Taxation Act, which was referred to the House Judiciary Committee. The bill would tax and regulate marijuana sales for adults' use and would allow adults to cultivate up to three mature marijuana plants. Sen. Donna Nesselbush sponsors the Senate companion bill, Senate Bill 334. The bills are pending in the House and Senate judiciary committees.

Vermont --  Rep. Susan Davis’ House Bill 499 would have allowed adults 21 and older to possess up to two ounces of marijuana and to grow up to three plants. It would have required the Department of Liquor Control to regulate marijuana wholesalers, retailers, and labs and impose a $50 per ounce tax at the wholesale level. The bill did not advance before the crossover deadline. In addition, Sen. Jeanette White's Senate Bill 160 would create a Study Committee on the Regulation and Taxation of Marijuana, which would be a legislative committee that would study a process for licensing marijuana businesses along with a taxation and regulatory structure.

Decriminalization Bills (generally speaking, see the notes)

Hawaii --  Sen. Kalani English sponsored Senate Bill 472, which would punish possession of up to an ounce of marijuana with a civil fine, while Sen. Donovan De la Cruz sponsored Senate Bill 739, which would impose a civil fine of up to $100 for no more than an ounce of marijuana. The Senate unanimously approved SB 472 on March 5. Both bills are dead for the year, but they will carry over to the second year of the state's two-year session.

Illinois -- House Bill 2332 would have imposed a civil fine on possession of a tiny amount of marijuana -- 0.1 gram. It did not advance before the deadline.

Indiana -- Senate Bill 580, sponsored by Sen. Karen Tallian, would have made possession of less than two ounces of marijuana a class C infraction punishable by a fine only with no possibility of jail time. The bill, which was referred to the Senate Committee on Corrections and Criminal Law, would also have made other reforms to Indiana's marijuana laws, including allowing hemp. The bill did not advance before the crossover deadline.

Maryland -- Senate Bill 297, sponsored by Sen. Robert Zirkin, would have reduced the maximum penalty for possession up to 10 grams of marijuana to a $100 civil fine. The Senate approved the bill in a 30-16 vote on March 19, but it did not get a vote in the House Judiciary Committee before the legislature adjourned on April 8. Another bill sponsored by Sen. Zirkin -- Senate Bill 394 -- would have made the maximum fine for marijuana possession a $100 civil fine. That bill was withdrawn.

Michigan -- House Bill 4623, sponsored by Rep. Jeff Irwin, would replace possible jail time and criminal penalties with civil fines of $25, $50, or $100, depending on the number of prior convictions the person has for marijuana possession. The bill was introduced on April 24 and was referred to the House Committee on Judiciary.

Missouri -- Rep. Rory Ellinger has introduced House Bill 512, which would reduce the penalty for possession of less than 35 grams of marijuana from up to a year in prison to a fine of no more than $250 and a suspended sentence.

New Mexico -- House Bill 465, sponsored by Rep. Emily Kane, would have reduced the penalty for first offense possession of up to an ounce of marijuana to a $50 civil fine. A second offense would have been a petty misdemeanor carrying a $100 fine. It would have also imposed fines for up to eight ounces of marijuana. The bill passed the House, but the session ended before the Senate could vote on it.

New Hampshire -- Rep. Kyle Tasker proposed House Bill 621, which would impose a fine on simple possession of marijuana. On March 21, the House of Representatives amended the bill to apply only to a quarter of an ounce of marijuana and to impose a fine of up to $200. It then approved the bill in a 214-115 vote, sending it to the Senate. On April 16, the bill received a negative recommendation in the Senate Judiciary Committee.

New Jersey -- Senate Bill 1977, sponsored by Sen. Nicholas Scutari, would impose a $50 fine on up to 50 grams of marijuana (nearly two ounces). Assembly Bill 1465, sponsored by Assemblyman Reed Gusciora, was introduced in 2012 and passed the Assembly. The bill would impose civil fines starting at $150 on possession of up to 15 grams of marijuana. Both bills are pending in the Senate Judiciary Committee.

New York -- Senate Bill 3315 would eliminate the "public use" exception to the state's decriminalization law, a reform supported by Gov. Andrew Cuomo. [Note: Although New York decriminalized in the 1970s, New York City police have continued to arrest tens of thousands of people each year under the "public use" exception.]

North Carolina -- Rep. Rep. Kelly Alexander sponsors House Bill 637, which would downgrade the penalty for possession of a small amount of marijuana from a misdemeanor that does not carry jail time to a civil infraction.  [Note: This is a depenalization, not a decriminalization, bill.]

Northern Mariana Islands -- House Bill 18-42, sponsored by Rep. Christopher Leon Guerrero, would impose a $50 fine on marijuana possession in the U.S. territory.

Texas -- Rep. Harold Dutton, Jr. sponsors House Bill 184, which would make up to one ounce of marijuana a class C misdemeanor, punishable by a $500 fine. It was referred to the House Criminal Jurisprudence Committee, which approved an amended version of the bill on April 23. The bill would now only apply to persons under 21 for their first offense.

Vermont -- Senate Bill 48, sponsored by Sen. Joe Benning, and House Bill 200, sponsored by Rep. Chris Pearson, would impose a civil fine on possession of up to an ounce of marijuana. Under H. 200, a person under 21 who is found in possession of up to an ounce of marijuana would have to undergo substance abuse screening and possible treatment. On April 16, the House of Representatives approved H. 200 in a 92-49 vote, sending the bill to the Senate. Gov. Peter Shumlin has been a strong proponent of replacing criminal penalties with a civil fine.

As the lists demonstrate, some bills have died already, but others still breathe, and some could even pass this year.

"We're most involved in Vermont, and we're very hopeful the decriminalization bill there will pass before the legislature adjourns," said MPP's O'Keefe. "The bill is in the Senate, and the governor is supportive. That's probably the best chance for removing criminal penalties this year."

Passing a legalization bill could take a little longer, she said.

"Tax and regulate could end up taking a couple of years," said O'Keefe, "but the bills in Maine and Oregon are getting serious consideration, and Rhode Island legislators seem very reasonable. But we don't think it's likely to pass in Rhode Island this year, although we are hopeful in will in the next couple of years be one of the first states to pass it."

That it should take a year or two or three to get marijuana legalization passed in any given state legislature is no surprise, O'Keefe said.

"We've had a lot of bills that got a vote one year, but legislators needed more time to think and be educated," she pointed out. "In Illinois, the House twice voted down medical marijuana before passing it, and in New Hampshire tax and regulate has slowly been gaining more and more support. This isn't something legislators are used to, and in most cases it takes them awhile to get used to it."

For Stroup, using the initiative process in states that allow for it is the best bet, but he cautioned that the movement is going to have to be able to win victories at the statehouse, too.

"Any time we have the choice of going to the people, it's always in our interest to do so," he said. "We know increasingly from the public opinion surveys that if the people decide, we win. Elected officials remain more timid about this than the public -- they're really worried about getting reelected and less worried about reform legislation -- but realistically, we have to be able to win in the states that don't have initiatives."

When it comes to passing bills, though, Stroup drew a parallel with the first burst of decriminalization efforts in the 1970s. Oregon and Maine went for decriminalization early in the decade, but the other handful of states that decriminalized in that era only came in at the end of the decade.

"When we won those first couple of states in the 1970s, we thought we were off and running, but the other states were all waiting to see what would happen, so we didn't win anything for a couple of years," he recalled. "I think we're in the same phase now when it comes to legalization. I have no doubt we will eventually win full legalization everywhere, but for the next couple of years, people in Colorado and Washington are going to have to be especially careful that they are demonstrating responsible use."

Cannabis culture celebrations like 4/20 have their place, said Stroup, but the rest of the time, it should be about responsible use.

"That's not the tactic we need the rest of the year," he said. "We want to demonstrate to the average person that nothing really changes when you legalize marijuana except you quit arresting responsible marijuana smokers and raise some revenue. What we don't want is a bunch of out-of-control pot smokers driving crazy -- that will scare neighboring states and cause a political backlash," the veteran activist warned.

"A backlash because of bad behavior won't stop us -- the demographics are on our side -- but whether it takes five years or 15 depends to some degree on how well we behave ourselves. We may see decriminalization pass somewhere, but I don't think we'll win legalization this year. I think before that passes in state legislatures, those lawmakers need to see that what Colorado and Washington did was a good thing."

The process of turning legalization victories at the voting booth into actual taxed, regulated, and legal commerce in Colorado and Washington is a process in progress in both states right now. By next year, those two states should be living experiments in marijuana legalization. Doing it right there will make it easier to get it done elsewhere. If not this year, next year. Or 2016.

The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released its 2013 National Drug Control Strategy Wednesday. The strategy is being billed as a "21st Century Approach" to drug use and trafficking, but despite some rhetorical softening maintains the US hard-line approach to the issue.

"The president has outlined his vision of an America built to last -- where an educated, skilled workforce has the knowledge, energy and expertise to compete in the global marketplace. Yet -- for far too many Americans -- that vision is limited by drug use, which not only diminishes the potential of the individual, but jeopardizes families, communities and neighborhoods," ONDCP wrote on a blog post announcing the strategy's release and touting reductions in cocaine and prescription drug abuse as progress made.

"Today we are releasing a science-driven plan for drug policy reform in America to build upon this progress," ONDCP continued. "This 21st century drug policy outlines a series of evidence-based reforms that treat our nation's drug problem as a public health issue, not just a criminal justice issue. This policy underscores what we all know to be true: we cannot arrest or incarcerate our way out of the drug problem."

The strategy emphasizes treatment and prevention, but despite the rhetoric, the Fiscal Year 2014 federal drug budget it accompanies continues to be imbalanced, with 58% of federal anti-drug spending directed at law enforcement and interdiction efforts. That figure does mark a decline from previous years, but only a marginal one.

And even its emphasis on treatment also includes punitive criminal justice elements, such as its embrace of the drug court system, where drug-addicted people are subjected to legal sanctions for such addiction-related behaviors as failing a drug test or missing an appointment. That has some drug reformers calling foul.

"The administration says drug use is a health issue but then advocates for policies that put people in the criminal justice system," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Until the drug czar says it is time to stop arresting people for drug use, he is not treating drug use as a health issue no matter what he says. I know of no other health issue in which people are thrown in jail if they don't get better."

While much of the strategy is little more than the same old same old, the strategy does call for expanded access to naloxone, a low-cost antidote that can reverse the effects of opioid overdoses. That is in response to the rapid growth in prescription drug overdose deaths in recent years.

"Director Kerlikowske should be applauded for taking steps to reduce drug overdose fatalities, but he's not doing much to reduce drug arrests or the many other problems associated with treating drug use through the criminal justice system," said Piper.

But while the drug strategy shows flexibility in its efforts to deal with fatal drug overdoses, it maintains a staunch opposition to marijuana reform and includes attacking outdoor and indoor marijuana cultivation as one of its key goals.

"The administration's continued opposition to marijuana law reform shows they're not serious about reforming US drug policy," said Piper. "At the very least they should stop getting in the way of states that are trying to improve public health and safety by regulating marijuana like alcohol."