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Oregon Marijuana Legalization Initiative Qualifies for November Ballot

The New Approach Oregon marijuana legalization initiative has qualified for the November ballot, the secretary of state's office reported today.

It won't get a measure number until next month.

First word came in an email from New Approach Oregon's Anthony Johnson. When the Chronicle contacted Johnson to confirm the email, he said "I got the call from the secretary of state's office today."

The initiative had needed some 87,000 valid voter signatures to qualify; it handed in about 145,000 a couple of weeks ago.

That means Oregon will join Alaska in voting on marijuana legalization this year. The District of Columbia is also likely to join that list; the cultivation and possession legalization initiative there is awaiting certification after handing in more than twice the number of signatures required to make the ballot.

Colorado and Washington led the way in 2012. Now, at least two more states, and probably DC, have the chance to legalize it this year. And then comes 2016.

Eugene, OR
United States

Chronicle AM -- July 22, 2014

This is the Drug War Chronicle, not the Marijuana Policy Chronicle, but that's how the news breaks sometimes. It's all marijuana and medical marijuana news today. Let's get to it:

Medical marijuana -- on the move worldwide. (Colorado DOT)
Marijuana Policy

Oregon's Marijuana Legalization Initiative Qualifies for Ballot. New Approach Oregon, sponsors of an initiative to legalize sales, possession and home growing of marijuana, announced today that the Secretary of State's office has qualified the initiative for the ballot. Voters will get to decide on it in November. If the initiative passes, the state will have until January 2016 to put together a regulatory structure.

Coloradans Still Like Their Marijuana Law, But Not Public Pot Smoking. A new Quinnipiac poll finds that Coloradans support legal marijuana by a margin of 54% to 43%. Amendment 64 legalizing marijuana passed in November 2012 with 54.8%. But respondents oppose allowing marijuana to be smoked in bars (65%), other entertainment venues (63%), and a plurality (49%) even opposed allowing it to be smoked at invitation-only events.

Alaska Legalization Initiative Debated. Proponents and opponents of Ballot Measure 2, the Alaska legalization initiative, debated the merits and demerits of the measure at the Anchorage Chamber of Commerce's luncheon Monday. Representatives of the Yes on 2 campaign duked it out with representatives of the No on 2 campaign.

Medical Marijuana

Patients, Advocates to Protest Problems With New Hampshire Program Wednesday. Tomorrow, the one-year anniversary of Gov. Hassan's (D) signing of the state's medical marijuana law, patients and advocates will gather at the statehouse in Concord to protest delays and other problems with the implementation of the law. It starts at 9:30am.

Veterans Gather at University of Arizona to Demand Reinstatement of Medical Marijuana Researcher. A group of veterans is gathered today at the University of Arizona College of Medicine in Phoenix to protest the firing and demand the reinstatement of Dr. Sue Sisley, who was set to do FDA-approved research into medical marijuana for veterans with PTSD before she was fired. Sisley accuses political opponents of medical marijuana of being responsible for her termination.

Arkansas Attorney General Reject Medical Marijuana Initiative Wording. Attorney General Dustin McDaniel has rejected the wording of an initiative aimed at putting medical marijuana on the 2016 ballot. The initiative is sponsored by Arkansans for Compassionate Care, which tried unsuccessfully to get a similar initiative on the ballot this year.

International

German Court Rules Medical Marijuana Patients Can Grow Their Own. The Cologne Administrative Court ruled today that patients can grow their own marijuana -- if no alternative to medical marijuana exists and buying it at a pharmacy is too expensive. The state health insurance system doesn't cover the cost of medical marijuana, so five patients sought a legal exemption to grow their own. Now, they have it. Currently, 270 people in Germany hold permits to buy and consume cannabis for medical purposes.

Medical Marijuana Gaining Ground in Australia's New South Wales. Premier Mike Baird, Deputy Premier Andrew Stoner, and opposition leader John Robertson have all said this week that they support the idea of legalizing marijuana for medical purposes, as long as concerns over regulation and supply are addressed. The state Green Party also supports it. One member of parliament, Kevin Anderson, said he will file a private member's bill next month to allow for patients and caregivers to possess up to 15 grams of marijuana.

Colombia's Liberal Party Wants to Legalize Medical Marijuana. The Liberal Party will support a bill to legalize medical marijuana, according to national media reports. Senator Juan Manuel Galan said that he would introduce such a bill. The move comes a few months after the mayor of Bogota asked the national government to begin a debate on the topic.

Chronicle AM -- July 16, 2014

The House okays marijuana banking, DC decriminalizes tomorrow, DC expands its medical marijuana program, Miami-Dade taxpayers pay for a particularly heinous killer drug raid, a lot of states did sentencing reforms last year, and more. Let's get to it:

Marijuana businesses could go to the bank under a measure passed by the House today. (Drug Policy Alliance/Sandra Yruel)
Marijuana Policy

House Votes to Let Banks Take Deposits from Marijuana Businesses. In a historic vote this afternoon, the US House has approved an amendment to the Treasury Department appropriations bill barring the agency from spending any money to punish financial institutions that provide services to marijuana businesses where it is legal. The amendment was sponsored by Reps. Heck (D-WA), Perlmutter (D-CO), Lee (D-CA) and Rohrabacher (R-CA). It passed with bipartisan support.

DC Decriminalization Law Goes Into Effect Tomorrow. As of one minute after midnight, the possession of an ounce or less of marijuana will be decriminalized in the nation's capital. Jail time for pot possession will be replaced with a $25 fine. A Republican-led effort in the House to block it remains alive, but will not stop the law from taking effect -- at least for now. That effort still has to get through the Congress and overcome White House opposition, and that looks like a long-shot at this point.

Grosse Point, Michigan, Initiative to Legalize Up to an Ounce Turns in Signatures. A municipal initiative campaign to legalize the possession of up to an ounce of pot in the Detroit suburb of Grosse Point turned in more than 600 signatures today. The group needs 493 valid voter signatures to qualify for the November ballot. Grosse Point is one of a handful of Michigan towns with similar campaigns this year, including Berkley, Hazel Park, Huntington Woods, Oak Park, and Pleasant Ridge.

Santa Fe, New Mexico, Initiative to Decriminalize Marijuana Possession Turns in Signatures. Progress Now New Mexico and Drug Policy Action (the campaign arm of the Drug Policy Alliance) have submitted more than 7,000 signatures for an initiative that would decriminalize the possession of up to an once of marijuana. They need 5,763 to qualify for the ballot.

Medical Marijuana

DC City Council Approves Medical Marijuana Expansion. The city council Tuesday approved legislation to loosen restrictions on the District's medical marijuana program. The measure replaces a restrictive list of defined illnesses and conditions with a blanket authority for doctors to recommend medical marijuana for "any condition for which treatment with medical marijuana would be beneficial, as determined by the patient's physician."

Michigan Legislature Set to Vote on Medical Marijuana Improvement Measures This Week. Senate Majority Leader Randy Richardville (R) said he expects the Senate to vote this week on a pair of measures to improve the state's medical marijuana program. One would allow localities to govern their own dispensaries; the other would allow the sale of edibles and concentrates.

LA Medical Marijuana Farmers' Market Hit With Temporary Injunction. A Los Angeles Superior Court judge Tuesday issued a temporary restraining order shutting down a medical marijuana farmers' market that drew thousands when it opened a couple of weeks ago. A hearing on a permanent injunction is set for August 6.

Thousands Sign Petition Supporting Fired University of Arizona Researcher. A petition demanding that the University of Arizona research scientist Dr. Suzanne Sisley be rehired after being fired after she won federal approval to study marijuana for military veterans with post-traumatic stress disorder has received more than 27,000 signatures. Sisley made no bones about blaming conservative Arizona political figures for her firing. Click on the link to read her comments.

Harm Reduction

Ohio Cops Slow to Carry Overdose Reversal Drug. Gov. John Kasich (R) signed a law allowing law enforcement officers to carry and administer the opiate overdose reversal drug naloxone in March, but Ohio police are slow to get with the program. Police in Columbus said they have no plans to carry it "anytime soon," and many rural agencies are also unwilling to do it. About 17 people a week are dying from opiate overdoses in Ohio. Under the new law, the drug is also available to friends, family members, and "others who may be in a position" to assist with reversing overdoses.

Law Enforcement

Miami Agrees to Pay in Death Squad-Style Police Drug Robbery Sting Killings. Miami-Dade taxpayers will shell out $600,000 to the families of three men killed by a Miami-Dade SWAT team during a drug house robbery sting. Four men, including an informant for the police, were gunned down when they appeared on the scene of a home they had been told was stuffed with drugs for them to rob. The informant's family didn't join the settlement; it is pursuing a wrongful death lawsuit in federal court. Police video of the raid shows officers firing dozens of shots into the body of a man already on the ground. It also shows the informant surrendering to police moments before they shot and killed him, too. Prosecutors suspect police officers of misconduct but were unable to develop enough evidence to charge any of them.

Almost All US Wiretaps Are for Suspected Drug Deals. A new Administrative Office of US Courts report reveals that not only did wiretaps hit an all time high last year, but that nearly 90% of them were for drug investigations. Of the 3,576 wiretaps sought by federal law enforcement agencies, 3,115 were for drug investigations.

Sentencing

Vera Institute of Justice Releases Report on 2013 State Sentencing Reforms. The report, Recalibrating Justice: A Review of 2013 State Sentencing and Corrections Trends, finds that 35 states passed at least 85 bills to reform sentencing and corrections last year. The legislation generally focused on reducing prison populations, strengthening community-based corrections, supporting reentry, and creating better research and analysis to drive policy decision-making.

International

Dutch Border Town Cannabis Café Owner Cleared of Most Charges. The owner of the Checkpoint Café in the in the town of Ternuezen near the Belgian border has been cleared of most charges against him by an Amsterdam appeals court. The café was closed in 2007 for violating government rules on soft drug sales, and the owner was found guilty of membership in a criminal organization. But the appeals court ruled that the state had not proven Checkpoint knowingly broke the rules. It was the second such decision in the past month.

White House Weighs in on DC Marijuana Reform Battle [FEATURE]

The city of Washington, DC, is a marijuana policy hothouse these days. It's expanding its medical marijuana program, it has a new decriminalization bill set to go into effect Thursday with House Republicans trying to stop it, it has a marijuana possession and cultivation legalization initiative poised to make the November ballot, and it has legislation that would allow for the taxation and regulation of marijuana commerce already pending before the city council. Now, the White House is weighing in too.

The "Marijuana Possession Decriminalization Amendment Act of 2014," adopted by the council in April, replaces criminal penalties for possession of small amounts of marijuana with a $25 civil fine for possession as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

DC's decriminalization effort has clearly caught the attention of House Republicans -- one of whom, Rep. Andy Harris (R-MD), introduced an amendment to the DC appropriations bill to block its implementation. That amendment has already won a House committee vote.

Late last month, the House Appropriations Committee adopted Harris's amendment. If included in the 2015 federal budget, the rider would block the District from carrying out any law, rule or regulation to legalize or otherwise reduce criminal penalties for marijuana.

That has sparked irate reactions from both DC elected officials and advocates alike.

"These Members violated their own principles of limited government by using the power of the federal government to dictate to a local government how it can use its own local funds," DC Delegate Eleanor Holmes Norton said in a statement after the vote. "They apparently could not keep their own states from decriminalizing marijuana, so they have turned to a district where they are not accountable to the citizens to do what they couldn't convince their own states to do. Their constituents may be surprised to learn that their Members are spending their time interfering with the local laws of another district instead of devoting their time to issues affecting their districts and the nation."

"That Congressman Andy Harris would try to kill DC's efforts to stop arresting people for marijuana possession is beyond disturbing," said Dr. Malik Burnett, DC policy manager for the Drug Policy Alliance (DPA). "This amendment is an affront to the District's right to home rule, while ensuring that thousands of District residents continue to be arrested and suffer the collateral consequences associated with a criminal record. Congress should be following DC's example and end racist marijuana arrest policies, instead of defying the will of the people and reversing their decision."

DC Delegate Eleanor Holmes Norton sticks up for her constitutents. (house.gov)
District residents have begun organizing a boycott of Ocean City, MD, part of Rep. Harris's congressional district, as a show of their disapproval his intervention in District affairs. That was an idea that came from none other than Washington, DC, Mayor Vincent Gray.

"It's become a sad tradition that members of Congress with no ties to the District use their outdated, undemocratic and unjust authority over the District's budget to further their own political and personal agenda," Gray said in a pre-4th of July statement.

Councilmember and mayoral candidate David Catania even stormed Harris's DC office after the vote demanding to discuss his efforts to block the District from implementing decrim. Harris wasn't there.

"I'm here to address what has become a congressional pastime, which is interfering in the local affairs of the District of Columbia," Catania said at the time.

And now, the effort to block the District from implementing decrim -- or any other marijuana reforms -- has caught the attention of the White House, which yesterday slammed it in no uncertain terms.

"[T]he Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally-passed marijuana policies, which again undermines the principles of States' rights and of District home rule," the White House said in a statement of administration policy on the Financial Services and General Government Administration Act of 2015, which contains appropriations for DC. "Furthermore, the language poses legal challenges to the Metropolitan Police Department's enforcement of all marijuana laws currently in force in the District."

(The statement of administration policy also criticized Congress for including a ban on the funding of needle exchanges in the District, as well as language restricting the District's ability to provide abortion services.)

"It is great to see the White House accepting that a majority of Americans want marijuana law reform and defending the right of DC and states to set their own marijuana policy," said Bill Piper, DPA director of national affairs. "The tide has clearly shifted against the failed war on drugs and it's only a matter of time before federal law is changed."

The White House wasn't the only group trying to send a signal to Congress yesterday. The DC city council passed a pair of emergency resolutions opposing Rep. Harris's effort to use congressional oversight to block the District from spending any of its locally-raised revenues to enact marijuana reform.

Harris's amendment would, if passed by the Congress, also block the District from enacting the results of the looming marijuana possession and cultivation legalization initiative, which is all but certain to make the November ballot after organizers handed in more than double the number of signatures needed to qualify. And it would block the District from implementing the putative legislative follow-up to the initiative, which would allow for taxed and regulated marijuana commerce in the District.

But that amendment still has not passed the House, let alone the Senate, and now, the Obama administration has made clear that it does not approve of it, either. That puts the administration on the side of the District, its voters (who consistently approve of marijuana legalization in polls), and its elected officials. House and Senate Republicans would be up against a city united against their interference in the District's domestic affairs, backed by a president who agrees with the District. While the Republicans are always eager to pick a fight with the president, this could be one fight they think twice about.

Washington, DC
United States

Chronicle AM -- July 14, 2014

Happy Bastille Day! And speaking of which, the US Sentencing Commission is reporting heavy public response to its proposal to make some sentencing reforms retroactive. Meanwhile, marijuana remains on the move, the good burghers of New York will pay for another drug war killing, millennials loosen up on drugs, and more. Let's get to it:

A new ad from the Coalition to Regulate Marijuana Like Alcohol in Nevada.
Marijuana Policy

Washington State Earns $150,000 in Excise Taxes From First Three Days of Limited Legal Marijuana Sales. Legal pot sales in Washington started last Tuesday with only a handful of shops open across the state, but by last Friday, the Washington Liquor Control Board reported that the sales had generated almost $150,000 in excise taxes alone. The excise tax is 25% imposed on producers when they sell to retailers and another 25% imposed on consumers when they buy retail. The figure doesn't include state and local sales taxes.

Colorado Recreational Marijuana Sales Declined for First Time in May. Retail pot shops sold $21 million worth of marijuana in May, down 5% from the $22 million sold in April. The combined 4/20 celebrations and High Times Cannabis Cup that same weekend may have had something to do with the high April figures. Also, tax-free medical marijuana sales remain strong and still exceeded recreational sales in April, coming in at $32 million.

Nevada 2016 Legalization Initiative Campaign Kicks Off With Innovative Bathroom Ads. The Coalition to Regulate Marijuana Like Alcohol has begun its campaign to get a legalization initiative on the 2016 ballot with "bathroom-themed ads, which are scheduled to appear in restrooms at more than two dozen restaurants and bars across Las Vegas throughout July and August." The ads highlight the costs of marijuana prohibition.

South Portland, Maine, Activists Hand in Signature for Municipal Legalization Referendum. Citizens for Safer Maine, a Marijuana Policy Project affiliate, today handed in 1,521 signatures to place a legalization initiative on the municipal this November. The group needs 959 valid voter signatures to qualify. Similar efforts are underway in York and Lewiston; Portland passed a similar measure last year.

Medical Marijuana

Berkeley City Council Gives Initial Approval for Free Medical Marijuana for the Poor and Homeless. The Berkeley city council last week gave initial approval for an ordinance that would require dispensaries in the city to set aside 2% of their medical marijuana to be given away free to poor and homeless residents who are patients. A second reading is set for next month.

South Carolina Limited CBD Medical Marijuana Law Not Working. South Carolina's new law allowing for the use of high-CBD cannabis oil is stymied because no one in South Carolina is making it and federal law prohibits it being shipped across state lines. The new law does create a study committee to determine how to grow the plants and manufacture the oil in state, but it looks like that is years down the road.

North Carolina Medical Marijuana Supporters Protest at Trial of Grower. Protestors gathered in Hendersonville this morning to protest the trial of a man they say is a medical marijuana grower. Todd Stimson is charged with numerous marijuana cultivation and related offenses. His trial starts this afternoon.

Drug Policy

Poll of Millennials Finds Majority for Marijuana Legalization, One in Five for Cocaine Legalization. A new Reason-Rupe survey finds that 57% of millennials support legalizing marijuana and a surprising 22% support legalizing the use of cocaine. Majorities of millennials said people should not be jailed or imprisoned for using marijuana (83%), ecstasy (68%), cocaine (63%), or heroin (61%). Click on the link above for more top lines, cross tabs, and methodological details.

Drug Testing

Florida Governor Gives Up on Testing Some State Workers, But Not All. Gov. Rick Scott's (R) dream of imposing drug testing on all state workers has faded further after attorneys representing the state last month filed court documents conceding that nearly a thousand job classes are ineligible for drug testing. But Scott has yet to concede that his plan to force state workers to undergo mandatory suspicionless drug testing is unconstitutional, despite lower court rulings against him. He's vowing to go to the US Supreme Court.

Law Enforcement

New York City Pays $2 Million for Undercover Narc's Killing of Unarmed Man on His Mother's Doorstep. Shem Walker, 59, was shot and killed when he attempted to run off shady characters loitering on his mother's apartment building doorstep. The shady characters were undercover NYPD narcotics detectives. Walker punched one of the plain clothes narcs, who responded by shooting him three times and killing him. Now, the good burghers of New York will pay out $2.25 million to settle the family's lawsuit against the city. No criminal charges were filed against the officer.

Sentencing

US Sentencing Commission Got 65,000 Letters Regarding Sentencing Retroactivity. The US Sentencing Commission reports that it had received some 65,000 letters regarding its plans to make the changes to drug sentencing guidelines that reduce many drug sentences retroactive. The Commission will hold a public meeting on the issue on Friday. Click on the link for more details and to read the letters.

International

Honduras President Blames US Drug Policy for Refugee Crisis. In an interview published today, President Juan Hernandez blamed US drug policy for creating violence in Central American countries and thus propelling a surge of migration toward the US. He said US anti-drug policies for generating prohibition-related violence first in Colombia and Mexico and now in Central America. "Honduras has been living in an emergency for a decade," Hernandez told Mexican daily newspaper Excelsior. "The root cause is that the United States and Colombia carried out big operations in the fight against drugs. Then Mexico did it. This is creating a serious problem for us that sparked this migration."

Chronicle AM -- July 11, 2014

A St. Paul drug raid is raising questions about police tactics, the hemp industry wants to clarify something, Tennessee gets its first bust under a law criminalizing drug-using pregnant women (and its first threat of a legal challenge), Pennsylvania issues opiate prescribing guidelines, and more. Let's get to it:

One of the two dogs killed in a St. Paul SWAT team raid that scored a bong and a grinder. (family photo)
Marijuana Policy

New Mexico Municipal Decriminalization Initiatives Halfway There on Signatures. Decriminalization initiative signature-gathering campaigns in Albuquerque and Santa Fe are at the halfway point in terms of signatures gathered. Two groups, Progress Now New Mexico and Drug Policy Action, the campaign arm of the Drug Policy Alliance, are leading the effort. The campaigns reported having half the 5,673 signatures needed in Santa Fe. They also need 11,203 signatures in Albuquerque; organizers say they are more than halfway there in the Duke City as well.

Medical Marijuana

Minnesota Governor Names 16 to Medical Marijuana Task Force. Gov. Mark Dayton (DFL) has named the members of a state task force charged with monitoring the effectiveness of the state's new limited medical marijuana law. Included are four patients or their parents, four law enforcement entities, four substance abuse treatment providers and four health care providers. It also includes two lawmakers each from the House and Senate, as well as the commissioners of Health, Human Services and Public Safety. Click on the link for a list of members.

Hemp

Hemp Industries Association Clarifies That CBD Extracts Are Not "Hemp Oil." The trade group the Hemp Industries Association has released a statement emphasizing that cannabidiol (CBD) extracts are not "hemp oil" and warning against misbranding them as such. The CBD extracts are made from marijuana flowers for medicinal purposes, while hemp oil, produced by pressing hemp seeds, is a food item containing only tiny amounts of CBD. Click on the link to read the full statement.

Pregnancy

First Woman Arrested Under Tennessee's New Law Criminalizing Pregnant Women Who Use Drugs. A 26-year-old Monroe County woman has been charged with assault on her fetus for using methamphetamine shortly before she gave birth under a new law that allows prosecutors to press assault and child endangerment charges against women who use drugs. Under that law, "a woman may be prosecuted for assault for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug." But neither doctors nor prosecutors have shown any harm to the woman's newborn baby.

Tennessee ACLU Seeking to Challenge New Law Criminalizing Pregnant Women Who Use Drugs. The ACLU of Tennessee is currently seeking plaintiffs to challenge the new law criminalizing pregnant women who use drugs. The law is the first of its kind in the country. "This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges," said Thomas Castelli, Tennessee ACLU legal director. "By focusing on punishing women rather than promoting healthy pregnancies, the state is only deterring women struggling with alcohol or drug dependency from seeking the pre-natal care they need. ACLU-TN stands ready to challenge this law and encourages any woman concerned about the impact this law will have on her to contact us." Click on the link for more information.

Prescription Opiates

Pennsylvania Releases Guidelines for Prescribing Opiates. State officials and the Pennsylvania Medical Society have released new voluntary opiate prescribing guidelines as part of an effort to reduce overdose deaths. The guidelines are aimed at family practice doctors who are not pain treatment specialists. A University of Wisconsin pain policy specialist, James Cleary, said the guidelines were "very responsible," but raised concerns that opiates remain available for those who truly need them. Task force members responded that finding the proper balance was critical.

Law Enforcement

St. Paul SWAT Drug Raid Scores Bong, Grinder; Leaves Two Dogs Dead. A St. Paul, Minnesota, police SWAT team executing a no-knock search warrant at a family home burst through the front door without notice at 7:00am and promptly shot and killed the family's two pet pit bulls. "The first thing I heard was 'boom,'" said homeowner Larry Lee Arman. "Bop, bop, bop, bop, bop. Right in front of us. I was laying right there and I really thought I was being murdered," he said "I don't want to say by who. I thought it was, like, the government." Police said they thought they were entering a dangerous environment and had a right to eliminate potential threats with lethal force, but Arman said he wasn't a dangerous drug dealer, only a pot smoker. The SWAT team's haul seems to bear him out. They seized only "clothing, a glass bong, and suspected marijuana remnants in a metal grinder."

International

New York Times Takes a Look at Barcelona's Cannabis Clubs. The New York Times has a lengthy profile of Barcelona's burgeoning cannabis social club scene. It reports that the clubs, where members may buy and consume marijuana, now have 165,000 members, and that they are creating marijuana tourism. Officials are concerned.

Barcelona Police Arrest Cannabis Club Leaders. Police in Barcelona Friday arrested the president and at least three other members of the city's cannabis club federation FEDCAC. The group said it was not told why they were arrested, but other Spanish press reports said it was on money laundering charges. The bust comes as the city tries to crack down on the burgeoning clubs, which are legal under Spanish law, but have been testing the limits.

Transnational Institute Analyzes Colombia/FARC Accord on Drugs, Finds It Lacking. In a policy briefing on the Colombian peace accords, the Transnational Institute finds that FARC guerrillas are only "part of the problem" in the "complex scenario" of Colombian drug trafficking; that it effectively excludes rural settlers, indigenous and African-descent communities; that the agreement ratifies existing prohibition-based approaches to drugs; and that it ignores the ongoing progress in adopting other drug control models. Other than that…

Chronicle AM -- July 10, 2014

Forget Amazon's promised drone deliveries; the Mexican cartels have beat them to it. Also, Massachusetts cops will need to do more than just smell weed to search you or your vehicle, Arizona PTSD patients are okayed to use medical marijuana, Uruguay delays the roll-out of its legal marijuana sales, and more. Let's get to it:

Mexican cartels find a new way to bring drugs over the border. (wikipedia.org)
Marijuana Policy

Massachusetts Supreme Court Rules That Smell of Unburnt Marijuana Not Justification for Police Searches. Because Massachusetts has decriminalized the possession of small amounts of marijuana, police cannot use the odor of raw marijuana to justify searches of vehicles or persons, the Supreme Judicial Court ruled Wednesday. The ruling came in a pair of decisions: Commonwealth v. Obermeyer and Commonwealth v. Craan. The court had already ruled that the odor of smoked marijuana was not sufficient cause for a search; now it has included the odor of unburnt marijuana as well.

Missouri Marijuana Lifer in Campaign for Clemency. Sixty-one-year-old Jeff Mizanskey is now in his 21st year of a life-without-parole sentence for non-violent marijuana charges. He wants out, and a campaign to free him as generated nearly half a million signatures on a petition to Gov. Jay Nixon (R). But that hasn't been enough so far. Now, he is asking supporters to write Nixon a letter. Mizanskey has been helped in his campaign by the energetic folks at Show-Me Cannabis, the Missouri-based marijuana reform group.

Montana Initiative to Overturn Medical Marijuana, Block Marijuana Reforms Won't Make Ballot. An initiative that sought to change state law so that no Schedule I drug can be "legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana" isn't going to qualify for the ballot, it's proponent conceded Wednesday. Petitioners only managed to gather 12% of the signatures needed to qualify. But Billings car dealer Steve Zabawa isn't giving up; he says he will ask the legislature to pass a referendum next year to put the measure on the 2016 ballot.

Medical Marijuana

Terminally Ill Iowa Cancer Patient Convicted of Growing Own Medicine. A state court jury in Davenport that never heard Benton Mackenzie's medical marijuana defense has convicted the terminally ill cancer patient on four felony drug charges related to growing marijuana to alleviate the symptoms of his disease. The 48-year-old angiosarcoma sufferer now faces a possible mandatory minimum three-year prison sentence, although prosecutors could seek probation.

Arizona Okays Medical Marijuana for PTSD. The Department of Health Services announced Wednesday that it is authorizing the use of marijuana for patients suffering from Post-Traumatic Stress Disorder (PTSD). Its use is not approved for treatment of the condition itself, but only for palliative care of PTSD symptoms.

New Mexico US Attorney Says He Won't Prosecute Medical Marijuana Patients Busted at Border Checkpoints, But Feds Will Still Take Their Medicine. New Mexico US Attorney Damon Martinez has assured New Mexico politicians that he will not prosecute patients caught with medical marijuana at US Customs and Border Patrol checkpoints. Martinez made the vow in a letter Monday to Rep. Bill McCamley (D-Mesilla Park), who had sought assurances. But Customs and Border Patrol officers would still seize the medicine, he warned.

International

Uruguay Delays Marijuana Sales until Next Year. President Jose Mujica said Wednesday that legal marijuana sales are being pushed back to next year because of "practical difficulties" in implementing the new law, and he took a jab at legalization in the US as he did so. "If we want to do this sloppily, it is not hard to do that. That's what the United States is doing," the president said. "But if we want to get this right... we are going to have to do it slowly. We are not just going to say, 'hands off and let the market take care of it,' because if the market is in charge, it is going to seek to sell the greatest possible amount," he said.

DEA Says Mexican Cartels Using Drones to Deliver Drugs Across the Border. The DEA says Mexican drug cartels are using drones to transport drugs and have been doing so since at least 2011. The agency reported that at least 150 drone flights carrying drugs crossed the border in 2012, and that the cartels have recently intensified efforts to recruit skilled workers to manufacture and operate them.

USAID Allots $60 Million for Alternative Development as Part of Fight Against Coca. The US Agency for International Development (USAID) has earmarked $60 million to support farmers planting cocoa and coffee instead of coca. The funds will go to alternative development programs and reforestation projects.

European Union Court Rules Synthetic Cannabinoids Not Medicine. The European Court of Justice ruled today that herbal mixtures containing syntheric cannabinoids aren't medicinal products under European law. The court was responding to a request for clarification from Germany's federal court, which is currently considering two cases involving such products.

DC Marijuana Initiative Hands in Plenty of Signatures [FEATURE]

It now looks extremely likely that the residents of the nation's capitol will vote in November on whether to legalize the possession and cultivation of small amounts of marijuana. Representatives of the DC Cannabis Campaign legalization initiative handed in some 58,000 signatures Monday morning, and they only need some 25,000 valid voter signatures to qualify for the ballot.

outside DC election headquarters (drugpolicy.org)
Signature-gathering experts generally expect to see something between 20% and 30% of signatures handed in deemed invalid. For the DC initiative to fail to qualify, the invalidation rate would have to be above 50%.

The measure will be known as Initiative 71 once it officially qualifies for the ballot.

The District of Columbia isn't the only locale where marijuana legalization is almost definitely going to be on the ballot this fall. An Alaska legalization initiative has already qualified, and organizers of an Oregon legalization initiative just last week handed in more than 145,000 signatures, nearly twice the 88,000 valid voter signatures needed to qualify.

Colorado and Washington led the way on marijuana legalization, with voters in both states passing legalization initiatives in 2012. DC, Alaska, and Oregon all appear poised to join them in November.

In DC, campaigners will emphasize the racially disparate impact of marijuana prohibition. In 2010, black people accounted for 91% of marijuana arrests, even though they now account for less than half the city's population. The District is also currently saddled with the highest per capita marijuana arrest rates in the nation.

The DC initiative is not a full-blown legalize, tax, and regulate measure. It would allow people 21 and over to possess up to two ounces of marijuana and cultivate six plants at home. But District law prevents initiatives from addressing budgetary issues, which precludes the initiative addressing the tax and regulate/marijuana commerce aspect of legalization. But the DC city council currently is considering a tax and regulate bill to cover that.

boxes of signature petitions ready to go (drugpolicy.org)
The city council passed a decriminalization bill that goes into effect shortly, but advocates argued based on other decrim laws in the states that alone is not enough to change police practices. They noted that in Colorado and Washington, where actual legalization is in effect, marijuana arrest rates have dropped dramatically. Those declines not only save millions in tax dollars; they also save thousands of people from the legal and collateral consequences of a pot bust.

After handing in signatures this morning, key players in the initiative gathered for a noon tele-conference.

"In just a few weeks, DC's groundbreaking decriminalization law goes into effect," said Bill Piper, national affairs director for the Drug Policy Alliance, which is supporting the initiative. "But decriminalization is just the first step. Today, the DC Cannabis Campaign turned in enough signatures to put Initiative 71 on the ballot."

"Last week, the US celebrated the 50th anniversary of the signing of the Civil Rights Act," noted Dr. Malik Burnett, recently brought in as DC policy manager for the Drug Policy Alliance. "Drug policy reform is the civil rights issue of this century. Prohibition isn't working, and it is leading to poor outcomes, especially in communities of color. We definitely applaud the city council for getting decriminalization done, but in other jurisdictions with decriminalization, we continue to see a large number of racially biased arrests. If we look at jurisdictions that have legalized, arrest rates for small amounts of marijuana are down 75%."

"Today is a big day in this effort," said Councilmember David Grosso, sponsor of the Tax and Regulate Marijuana Act of 2014. "It looks like it will be on the ballot this fall, and I'm confident that people here in DC will vote to legalize marijuana. The people have been in the forefront of this for a long time, starting with medical marijuana back in 1998."

Grosso said he sponsored the tax and regulate bill because of the failures of prohibition.

"I'm a strong believer that the war on drugs has been a failure," he said. "We need to move beyond putting people in jail for marijuana and non-violent offenses. But once we legalize it, it's important to regulate it in a way that is responsible for the District, which is why I introduced the tax and regulate bill. It has to go through a couple of committees, but we're a full-time legislature and could have it done by the end of the year. If not, I will reintroduce it next year."

"This initiative is very different from the other efforts," said DC Cannabis Campaign chair and long-time DC political gadfly Adam Eidinger. "It's very focused on the consumer, how we can keep them out of jail and give them a supply without creating a marketplace. This is looking at the rights of the individual and letting them produce their own at home. This by itself isn't full legalization -- Grosso's bill is the complete picture, but we can't put that on the ballot, so we did the next best thing to enshrine the rights of the consumer," he explained.

"We already passed home cultivation for medical marijuana in 1998, and many us were demanding from the city council that we actually get home cultivation as part of medical," Eidinger noted. "Their failure to do so has fueled the interest in pushing this forward. Medical marijuana is not the destination for every user, nor is decriminalization. The goal is to stop the bleeding, to stop arresting four or five thousand people here every year. My goal is take marijuana arrests down to zero," he said.

DC election workers start validating signatures. (drugpolicy.org)
"I want to note that I am also the social action director for Dr. Bronner's Magic Soaps, a major backer which provided money to get this off the ground," said Eidinger. "We've raised and spent at least $150,000 and we hope to raise another $100,000 between now and election day. A lot of these initiative campaigns are fueled by business interests, but we're not offering a retail outlet as the end result of the initiative. It's a little more difficult to raise money when it's about civil rights -- not making some business person rich."

Even if the initiative makes the ballot and passes, there is still an outside chance that congressional conservatives will seek to block it. That's what happened with the 1998 medical marijuana initiative, which Congress didn't allow to go into effect for more than a decade.

Similar moves are already afoot over the District's yet-to-go-into-effect decriminalization law. A Maryland congressmen and physician, Rep. Andy Harris (R), has already persuaded the House Appropriations Committee to approve a rider to the DC appropriations bill that would block implementation of the decrim law. But that measure still has to be approved by the House as a whole, and then by the Senate.

If that were to happen, it wouldn't be without a fight.

"The Drug Policy Alliance and the DC Cannabis Campaign look forward to working with members of the city council to expand on Initiative 71 to develop tax and regulate centered around the idea of racial justice," said Dr. Burnett. "The first step is passing 71 to show the will of the people, followed by legislation from the city council. That combination will show Congress that DC residents are serious about reforming their drug policies, and Congress will respect DC home rule."

Dr. Burnett also had some advice for Dr. Harris, the Republican congressman trying to block DC marijuana reforms.

"I would encourage Dr. Harris to take a continuing medical education class on cannabis and to see the reports from the Centers for Disease Control and the National Institutes on Drug Abuse that teen marijuana use is flat and to understand that the health outcomes associated with incarceration are much worse than those associated with cannabis use," he said.

According to recent polls, support for legalizing marijuana in the District is around 60%. If the initiative actually makes the ballot, it has a very good chance to win in November. And if it wins in November, congressional conservatives will have to explain why DC residents aren't good enough for direct democracy, or get out of the way. And the following spring could see a thousand flowers bloom in the nation's capital.

Washington, DC
United States

Chronicle AM -- July 7, 2014

This fall's drug policy initiative picture is beginning to clear up, with DC and Oregon seemingly on the way to voting on marijuana legalization in November, the first retailer sales licenses for marijuana in Washington state were issued today, with the signature of Gov. Cuomo, New York becomes the 23rd medical marijuana state, and more. Let's get to it:

Handing in signatures to DC election officials this morning. (DrugPolicy.org)
Marijuana Policy

DC Legalization Initiative Backers Turn in More Than Twice the Signatures Needed. Supporters of the DC Cannabis Campaign initiative to legalize the possession and cultivation of small amounts of marijuana turned in more than 58,000 signatures this morning. They only need 25,000 valid voter signatures to qualify for the November ballot. The initiative does not seek to tax and regulate marijuana commerce because DC law precludes that, leaving it up to elected officials. A tax and regulate bill is before the DC city council.

Oregon Legalization Initiative Backers Turn in Close to Twice the Signatures Needed. The New Approach Oregon legalization initiative campaign turned in 145,000 signatures Thursday to put their measure on the November ballot. They only need 87,000 valid voter signatures to qualify, so this is looking very much, but not quite, like a done deal. Stay tuned.

Arkansas Marijuana Initiatives Come Up Short. Neither marijuana legalization nor medical marijuana will be on the ballot this fall. Campaigners for two separate marijuana reform initiatives came up short on signatures for both. Arkansans for Compassionate Care, the folks behind the medical marijuana initiative, say they will be back in 2016.

Washington State Liquor Control Board Issues First Marijuana Retailer Licenses. The first marijuana retail licenses were issued today, with the first retailers expected to be open for business tomorrow as Washington joins Colorado among the legal marijuana commerce states. Click on the link above for a list of the 24 approved licensees.

Massachusetts Poll Has Voters Evenly Split on Support for Legalization. A new Boston Globe poll has support for legalizing marijuana at 48%, with 47% opposed, and 5% undecided. Click on the poll link for more demographic info and top lines.

Denver Cops Raid Marijuana Social Club. Denver Police last week raided Maryjane's Social Club, a private pot-smoking club operating in a grey area under state law. Police handcuffed smokers and charged them with smoking in public, seized drug paraphernalia, and ticketed the club owner for violating the state's no-smoking-inside laws. Club owners argue that since neither marijuana nor food and beverages are sold at the clubs -- patrons bring their own -- they should be permissible.

Medical Marijuana

Governor Signs Compassionate Use Act, Making New York 23rd Medical Marijuana State. In an official signing ceremony today, Gov. Andrew Cuomo (D) signed into law the Compassionate Use Act. New York thus becomes the 23rd medical marijuana state, even though its law is among the most restrictive and includes a ban on smoking (but not vaping or eating) it.

New Synthetic Drugs

Louisiana Bans Two More New Synthetics. The state Department of Health and Hospitals has banned two synthetic drugs, FUB-AMB AMB (methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl) valinate) and 5-flouro-AMB ((S)- methyl 2- (1- (5- fluoropentyl)- 1H- indazole- 3- carboxamido)- 3- methylbutanoate). The two drugs are marketed as fake marijuana under the names Train Wreck 2 and Kali Berry 2. The ban came last Thursday via an emergency rule.

Drug Testing

Tennessee Welfare Drug Test Law Goes into Effect. As of July 1, people applying for welfare will have to answer three questions on a form about potential drug use. Those who answer any of the questions positively will have to submit to drug testing. Positive test results will result in a postponement of benefits until the applicant has completed a treatment or recovery program and been re-tested. The ACLU of Tennessee says it is considering a legal challenge to the law.

Harm Reduction

Missouri Governor Signs Bill Allowing First Responders to Carry Opiate Overdose Reversal Drug. Gov. Jay Nixon (R) last Thursday signed into law House Bill 2040, which will allow first responders to carry and administer the opiate overdose reversal drug naloxone. The new law goes into effect August 28.

North Carolina Drug Users Have Prevented 100 Fatal Overdoses with Naloxone. Last week, the North Carolina Harm Reduction Coalition reported that the opiate overdose reversal drug naloxone distributed to drug users, their friends, and families has prevented its 100th fatal drug overdose. The distribution is the result of the passage of 911 Good Samaritan/Naloxone Access law in April 2013.

Law Enforcement

Maryland Cops No Longer Have to Report Racial Profiling, SWAT Statistics. Laws requiring state law enforcement agencies to collect and report racial data on traffic stops and to provide the state with information about SWAT deployments have expired. The legislature failed to act to renew them, but some legislators are vowing to make it their first order of business next session. Both laws were passed because of perceived abuses by law enforcement.

International

Colombia's First Needle Exchange Programs are Open. Needle exchange programs in five Colombian cities got underway last week, with health professionals handing out clean syringes to drug users in Armenia, Bogota, Cali, Cucuta, and Medellin. The Health Ministry has allocated 100,000 clean syringes for the program, which will also collect and destroy dirty needles.

Austrian Justice Minister Says No to Marijuana Legalization. Responding to a proposal from the Tyrolean Social Democratic Party (SPO) to legalize marijuana, Austrian Justice Minister Wolgang Brandstetter just says no. "Legalization is not an issue, even in the summer," Brandstetter said. "It's all about prevention, too, in my view, we must reduce the consumption of addictive substances - including soft drugs such as cannabis," he added. Recent polls show only about one-third of Austrians favor legalization.

Caricom Commission to Study Marijuana Reform. The Community of Caribbean Nations (Caricom) last week created a commission to study how the region should respond to demands for medical marijuana, decriminalization, and other marijuana reforms. The commission will report before Caricom's next summit, set for February 2016. An earlier Caricom report found that allowing medical marijuana could boost the regional economy.

Ireland to Allow Medical Marijuana. The CEO of Ireland's Health Products Regulatory Authority (HPRA) said today the Department of Health was drafting legislation to allow medical marijuana to be made available to patients. Pat O'Mahony said that medical marijuana would be available by prescription and sold at pharmacies.

Medical Marijuana Update

An Arizona researcher gets fired for apparently political reasons, new medical marijuana-related laws come into effect in several states, California dispensary conflicts continue as the Assembly grapples with a statewide regulation bill, and more. Let's get to it:

Arizona

Last Friday, the University of Arizona fired a medical marijuana researcher. The University of Arizona has abruptly fired Dr. Suzanne Sisley, who months earlier had received approval from the federal government to study the effects of medical marijuana on people suffering from PTSD. Now, her research is in jeopardy, and she is blaming state legislators who threatened university funding after her research plans made the news. "This is a clear political retaliation for the advocacy and education I have been providing the public and lawmakers," Sisley said. "I pulled all my evaluations and this is not about my job performance."

California

Last Friday, a bill to impose statewide medical marijuana regulations won an Assembly committee vote. The bill, Senate Bill 1262, passed the Assembly Public Safety Committee, but is described as "unworkable, incoherent, and unacceptable to most advocates." Committee approval was conditioned on working out the problems before hearings in the Appropriations Committee in August.

On Wednesday, San Jose activists warned that 70 dispensaries and collectives will be shut down beginning July 18. This is the result of recently passed ordinance in the city, which activists hope to challenge with a referendum now in its signature-gathering phase. Click on the link to see the list of affected businesses.

On Tuesday, the city of Bakersfield filed suit against a dispensary. The suit against the Healthy Life Center is the first of at least five civil suits the city is expected to file against dispensaries. The lawsuit comes as the city's ordinance banning dispensaries is being challenged in state appeals court. It seeks to force Healthy Life to close through an injunction.

Also on Tuesday, Lake County supervisors ratified the passage of Measure N in the June 3 primary. The initiative, which institutes rules for medical marijuana cultivation, received the needed majority, coming in with with a "yes" vote of 51.6%. The measure becomes law on July 11.

Florida

On Tuesday, John Morgan kicked in another $4 million for the Florida medical marijuana initiative. Prominent Florida attorney and Amendment 2 initiative backer John Morgan has contributed another $4 million of his own money to ensure the medical marijuana initiative wins in November. Because the initiative is a constitutional amendment, it needs 60% of the vote to pass.

Iowa

On Tuesday, a low-THC, high-CBD medical marijuana law went into effect. Iowa is one of two states whose low-THC, high-CBD medical marijuana laws went into effect July 1. It is unclear what impact the law will have or how many people it will help.

Massachusetts

On Monday, a crackdown on caregivers was announced. The state Department of Public Health has sent letters to more than 1,300 patients and 17 caregivers warning that state regulations bar caregivers from selling marijuana to more than one patient. Caregivers are the only legal avenue for patients to buy medical marijuana until dispensaries open, and that won't happen until November at the earliest. The move has forced Bill Downing, the operator of Yankee Care Givers, which supplies an estimated 1,000 patients to quit selling medical marijuana. He is urging patients to join him in a lawsuit challenging the state's interpretation of the law. "DPH is more concerned with their regulations than they are with the well-being of the citizens of Massachusetts," Downing said.

On Tuesday, legislators balked at taxing medical marijuana -- for now. Legislators in Boston Tuesday voted not to approve taxes on medical marijuana, but instead to send the proposal to study, which generally means it's dead. The vote came in the Revenue Committee. They said they might want to revisit the issue later.

New Jersey

On Tuesday, a state legislator filed a bill to fix the state's "broken" medical marijuana program. Assemblywoman Linda Stender (D-Union) has filed a bill to fix the state's medical marijuana program, which she describes as "broken." The bill would allow patients to grow their own supplies, remove caps on the number of dispensaries, expand the list of qualifying diseases, and remove some of the law's most rigid provisions. The bill is not yet available on the legislature's web site.

Ohio

On Monday, organizers of a signature-gathering campaign for a medical marijuana initiative conceded they wouldn't make it this year. Medical marijuana won't be on the ballot in the Buckeye State this year. The campaign by the Ohio Rights Group needed 385,000 valid voter signatures to qualify for the ballot this year, but had only 100,000. The good news is that those gathered signatures are still good in future years and can supply a starting point for a new campaign down the road. The initiative would also have legalized hemp production.

Oklahoma

As of Monday, the medical marijuana initiative campaign had gathered more than 75,000 signatures. The constitutional amendment medical marijuana initiative sponsored by Oklahomans for Health now has 75,000 raw signatures. The group needs 156,000 valid voter signatures to qualify for the November ballot. They have until August 17 to come up with the needed signatures.

Pennsylvania

Last Thursday, a Senate committee approved a medical marijuana bill. The state Senate Law and Justice Committee voted unanimously to approve Senate Bill 1182, which would allow qualified patients to obtain marijuana through dispensaries, but not grow their own. Neither could patients smoke their medicine, but they could use edibles or vaporize it. Now, the bill is on to the Appropriations Committee and, if it passes there, a Senate floor vote. Companion legislation in the House has yet to move.

On Tuesday, a new poll showed record high support for medical marijuana. The latest Franklin & Marshall College Poll has support for medical marijuana at 84% in the Keystone State. That's up three points over the same poll six months ago, and up eight points from eight years ago. A medical marijuana bill is currently pending in the state Senate.

Utah

On Tuesday, a low-THC, high-CBD medical marijuana law went into effect. The measure is known as "Charlee's Law" and allows for trials of CBD cannabis oils for epilepsy. It is unclear what impact the law will have or how many people it will help.

Vermont

On Tuesday, a law improving the state's medical marijuana program went into effect. The new law, Senate Bill 247, eliminates the cap of 1,000 patients who may access dispensaries, allows naturopaths to certify patients, and allows dispensaries to deliver marijuana to patients. It also authorizes a study of whether PTSD should be added as a qualifying condition.

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

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