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The Big Global Drug Policy Stories of 2014 [FEATURE]

2014 was a big year for drug reform, and for a change, the US is pulling things in the right direction. But it some places, it's been business as usual, and in others, things have gone in the wrong direction. Here are our big international stories of the year.

Assistant Secretary of State William Brownfield dropped a bombshell in October. (state.gov)
Marijuana Legalization Expands in the US

Two more states and the District of Columbia legalized marijuana at the ballot box this year. That makes four states and DC that have legalized it. The US has historically been the leading enforcer of global drug prohibition, but the actions of voters in American states have seriously undercut the (now former, see below) US position, as well as providing an example to the rest of the world.

The US Signals a New Openness to Drug Reform at the International Level

In a little-heralded, but groundbreaking move, US Assistant Secretary of State William Brownfield, head of the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), made it clear that the US is willing to embrace flexibility, up to and including drug legalization in other countries, in the face of rising calls for international drug reform.

Brownfield succinctly laid out the US approach in an October speech: "First, respect the integrity of the existing UN Drug Control Conventions. Second, accept flexible interpretation of those conventions… Third, to tolerate different national drug policies, to accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs. All these countries must work together in the international community. We must have some tolerance for those differing policies. And our fourth pillar is agreement and consensus that whatever our approach and policy may be on legalization, decriminalization, de-penalization, we all agree to combat and resist the criminal organizations -- not those who buy, consume, but those who market and traffic the product for economic gain. Respect the conventions; flexible interpretation; tolerance for national policeis; criminal organizations -- that is our mantra."

Calls for an End to Drug Prohibition Increase as the 2016 UNGASS on Drugs Looms

This year saw the pressure for reform of the international drug control regime grow even more intense, and fractures in a now crumbling prohibitionist consensus grew even deeper. The UN Commission on Narcotic Drugs meeting in Vienna in March revealed schisms among countries about future steps on global drug control even as the global drug bureaucrats gave signs of softening in some policy areas, especially around emphasizing public health as opposed to criminalization. The meeting ended with a formal joint ministerial statement agreed to at the last minute after months of contentious wrangling, but one where countries failed to agree on a common approach and where certain fractious issues -- such as the use of the death penalty for drug offenses or even the mention of the term "harm reduction" -- were omitted entirely.

Former UN head Kofi Annan made his drug reform presence felt this year. (un.org)
Countries critical of the global drug policy status quo, particularly from Europe and Latin America, were joined by an ever-stronger civil society presence at the CND. The message of reform grows ever louder and presages an especially contentious next step, the UN General Assembly Special Session (UNGASS) on Drugs, set for 2016.

During the rest of the year, the call for reform from civil society only grew louder. In May, the London School of Economics (LSE) published a Ending the Drug Wars: Report of the LSE Expert Group on the Economics of Drug Policy, signed onto by five Nobel Prize-winning economists, as well as political figures including British Deputy Prime Minister Nick Clegg, Guatemalan Foreign Minister Luis Fernando Carrera Castro, former Polish President Aleksander Kwasniewski, former US Secretary of State George Schultz, and former European Union High Representative for Common Foreign and Security Policy Dr. Javier Solana, among other luminaries.

"It is time to end the 'war on drugs' and massively redirect resources towards effective evidence-based policies underpinned by rigorous economic analysis," the report says forthrightly. "The pursuit of a militarized and enforcement-led global 'war on drugs' strategy has produced enormous negative outcomes and collateral damage. These include mass incarceration in the US, highly repressive policies in Asia, vast corruption and political destabilization in Afghanistan and West Africa, immense violence in Latin America, an HIV epidemic in Russia, an acute global shortage of pain medication and the propagation of systematic human rights abuses around the world."

That was followed in June by the West Africa Commission on Drugs, which was initiated by former UN Secretary-General Kofi Annan of Nigeria, is headed by former Nigerian President Olusegun Obasanjo, and includes other former heads of state as well as a distinguished group of West Africans from the worlds of politics, civil society, health, security and the judiciary. The commission issued a report, Not Just in Transit: Drugs, the State and Society in West Africa, calling for the decriminalization of drug use, treating drug use primarily as a public health issue, and for the region to avoid becoming the next front line in the failed war on drugs.

And then, in September, the Global Commission on Drug Policy, which includes Annan, former presidents Fernando Henrique Cardoso (Brazil), Ernesto Zedillo (Mexico) and Ruth Dreifuss (Switzerland), and others, issued a new report, Taking Control: Pathways to Drug Policies that Work. It boldy called on "governments to decriminalize a variety of illegal drugs and set up regulated drug markets within their own countries."

Uruguay Forges Ahead With Marijuana Legalization

President Jose "Pepe" Mujica may be gone -- his term expired -- but his legacy of legalizing the marijuana trade lives on. There was some doubt as Uruguayans voted on his replacement -- the opposition candidate vowed to roll it back -- but they chose a successor from his same party who will uphold and implement the legal marijuana commerce plan. Uruguay never criminalized pot possession, and now it is the first country to legalize the trade. Implementation should continue apace next year.

Afghanistan Pumps Out More Opium

As the US and NATO declare an end to their Afghan war, Afghanistan is growing and producing as much opium as ever. According to the UN Office on Drugs and Crime (UNODC) Afghanistan Opium Survey 2014, land under poppy cultivation increased 7% this year. UNODC estimated opium production this year at 6,400 tons, up 17% over last year. But while annual production has been at 6,000 tons or more for the past few years, it is not as high as the record year of 2007, when production totaled over 8,000 tons. And this as the US spent $7.6 billion to fight the opium trade since invading in 2001.

And the Golden Triangle Is Back, Too

Opium production increased again in Southeast Asia's Golden Triangle this year, continuing a pattern of growth that has now gone on for at least the past eight years. According to the UN Office on Drugs and Crime (UNODC) Southeast Asia Opium Survey 2014, the region produced 762 tons of opium this year, with the vast majority coming from the Burmese Shan State. While Golden Triangle production accounts for only about 10% of global opium production, Burma is now the world's second largest opium producer, behind Afghanistan.

In Afghan fields, the poppies grow... and grow... and grow. (unodc.org)
Mexican Drug War

It's been the best of times and the worst of times for Mexican President Enrique Pena Nieto and his government's prosecution of its war against the drug cartels. While media attention to the Mexican drug war has declined dramatically since 2012 -- an election year in both the US and Mexico -- the drug war hasn't gone away, and the death toll has plateaued, but not declined. The year started off great for Pena Nieto with the arrest of the heretofore seemingly invincible Chapo Guzman, head of the Sinaloa Cartel. Other major cartel figures have been killed or arrested throughout the year. But things turned sour again this fall when drug gang-connected elected officials in Iguala, Guerrero, sicced local police and the local Guerreros Unidos gang, on busloads of protesting radical teachers' college students, leaving 43 missing and presumed dead. That led to mass protests against lawlessness, official corruption, and impunity across the country.

Now Part of Russia, Crimea Rolls Back Harm Reduction Measures

Whatever one thinks of the Russian annexation of the Crimean peninsula from Ukraine, it's been bad news for Crimean drug users. While Ukraine has embraced a harm reduction approach to hard drug use, Russia rejects such an approach and has some of the most repressive drug laws in the world. And it moved quickly in Crimea, banning the use of methadone almost immediately, which the International HIV/AIDS Alliance called "a disaster for health, human rights and the HIV epidemic in the region." By June, with more than 800 people cut off from access to opiate maintenance, activists were reporting 20 deaths among drug users and that many others had fled to Kiev, while those that remained were turning to street drugs. Things have only gotten worse, and Ukraine shares somes of the responsibility for using the opiate maintenance programs as a political weapon against Crimea. Now, only does the ban on opiate maintenance remain, but drug users face assaults in the streets, as well as stays in jail. And the only "treatment" offered is Russian-style "psychiatric treatment."

Chronicle AM: NE Felony Pot Brownies, OK Pot Lawsuit Protest, Mexico Cop-Zeta Ties, More (12/26/14)

Some Nebraska counties are charging possession of marijuana brownies as a felony, Oklahoma activists will rally against the state's lawsuit against Colorado's marijuana law, San Diego closes more dispensaries, a new document reveals links between cartel gangsters and cops in Northern Mexico, and more. Let's get to it:

Kratom -- for adults only in Illinois starting next week. (wikimedia.org)
Marijuana Policy

Western Nebraska Counties Are Charging Possession of Some Marijuana Edibles as a Felony. Even though pot possession has been decriminalized in the state for decades, some counties near Colorado are now treating foods containing marijuana extracts as a Schedule I drug, possession of which is a felony punishable by up to five years in prison. Prosecutors in some Western counties say that pastries that contain actual marijuana will be treated like marijuana, but those containing concentrates will be treated as a Schedule I drug.

Nevada NAACP Leader Urges Legislators to Legalize It This Coming Session. Jeffrey Blanck, president of the Reno-Sparks chapter of the NAACP, has sent a letter to lawmakers urging them to legalize marijuana during the 2015 legislature. The Coalition to Regulate Marijuana Like Alcohol in Nevada already has a legalization initiative approved for the 2016 ballot. The legislature has the first 40 days of the session to approve the initiative; if it doesn't, it goes directly to the voters in 2016.

Oklahoma Activists to Protest Pot Lawsuit Against Colorado. Oklahoma marijuana legalization supporters have organized a protest against state Attorney General Scott Pruitt's decision to join Nebraska in suing Colorado to try to undo legalization there. Led by OK NORML and the Oklahoma Libertarian Party, activists have set up a Facebook invite to the January 8 rally. "Attorney General Scott Pruitt is suing Colorado for their marijuana laws," the page says. "This is a waste of taxpayer money and a clear violation of states' rights." Click on either link for more details.

Medical Marijuana

San Diego Officials Shut Down Five More Dispensaries. City Attorney Jan Goldsmith has shuttered five more unpermitted dispensaries ahead of the opening of the first permitted dispensaries early next year. Four are set to open then. More than 200 dispensaries have been shut down in the past four years under threat of legal action, but as many as 50 unpermitted dispensaries remain.

Kratom

Kratom Will Be for Adults Only in Illinois Beginning Next Week. As of January 1, a new state law will limit the use and possession of the Southeast Asian herb kratom to adults. Kratom is said to have a high similar to opiates, but is not a controlled substance under federal law. It is, however, on the DEA's list of "drugs of concern." It has been banned in neighboring Indiana.

Law Enforcement

Lawsuit in Deadly Massachusetts SWAT Drug Raid Can Continue, Judge Rules. A police officer who shot and killed unarmed black Framingham resident Eurie Stamps, 68, in a January 2011 drug raid may have used excessive force, violating his constitutional rights, a US District Court judge ruled as he allowed a lawsuit against the officer to move forward. Officer Paul Duncan shot and killed Stamps as the elderly man lay prone on the floor of his apartment during the raid. Duncan claims the shooting was accidental, but Stamps is still dead, and his family is suing.

International

Mexican Cops Worked Closely With Zetas, Declassified Document Shows. A document declassified by Mexican Attorney General Jesus Murillo Karam shows how police and traffic police in San Fernando, Tamaulipas, worked closely with the Zetas cartel in a series of killings of immigrants en route to the US known as the "San Fernando massacre," in which at least 72 immigrants were tortured and murdered.

Indonesian Ulama Supports President's Plan to Execute Drug Offenders. The Nahdlatul Ulama, Indonesia's largest Islamic organization, said Wednesday it supported President Joko Widodo's tough stance on drug traffickers. Widodo has refused to stop the execution of convicted drug offenders and is seeking support for his stance. He found it with the Ulama. "We support the death penalty for the drug dealers and the producers, but not the consumers," said Said Aqil Siradji, chairman of the Ulama's central board.

The Year's Top 10 Domestic Drug Policy Stories [FEATURE]

Whew, what a year! Two more states legalize it -- and DC, too -- decriminalization spreads, and more. But it wasn't all good news. Here's our Top 10:

1. Marijuana Legalization Wins at the Polls in Alaska, Oregon, and DC. In an Election Day clean sweep, voters in Alaska, Oregon, and Washington, DC, delivered a marijuana legalization trifecta. Legalization won with 53% of the vote in Alaska, 55% in Oregon, and a whopping 69% in Washington, DC, the highest percentage vote for legalization ever recorded. With victory in Oregon this year, every state that has had the chance to vote for legalization since 2012 has now done so.

2. The Sky Hasn't Fallen in Colorado and Washington. It's now been two years since the first two states to legalize marijuana did so, and the predicted horrible consequences have not materialized. While possession became legal almost immediately, legal sales commenced in January in Colorado and in July in Washington. Teen pot smoking declined this year, according to the annual Monitoring the Future survey, and Colorado teens in particular were consuming less weed, according to the state Department of Public Health and Environment. Neither have traffic fatalities increased, according to The Washington Post. Nor has crime increased. What has increased is state revenues from the taxation of marijuana, from zero before legalization to tens of millions of dollars annually now.

3. Big Eastern Cities Decriminalize Pot Possession. The city councils in Philadelphia and Washington, DC, this year approved the decriminalization of small-time pot possession. Although New York state decriminalized in 1978, New York City had been the marijuana arrest capital of the world, thanks to NYPD's habit of stopping people, telling them to empty their pockets, and then charging them with the misdemeanor office of public possession instead of the civil infraction. Now, thanks to Mayor Bill de Blasio, New York cops can't do that anymore. And let's not forget Baltimore; the state of Maryland decriminalized this year, too.

Phillip Seymour Hoffman's death by heroin overdose crystallized concerns over abuse of opiates. (wikimedia.org)
4. The Death of Phillip Seymour Hoffman Crystallizes Rising Concerns About Heroin and Prescription Opiates. The February overdose death of the acclaimed actor turned a glaring spotlight on the issues of heroin and prescription pain pill addiction and overdoses. Ever since, government at the federal, state, and local level has been moved by the urge to "Do something!" And it has -- with responses covering the gamut from harm reduction measures like 911 Good Samaritan laws and increased access to overdose reversal drugs to calls for more drug treatment to more-of-the-same drug war approaches and calls for more money for law enforcement.

5. California Defelonizes Drug Possession. With one fell swoop, California voters struck a big blow against mass incarceration when they approved Proposition 47 in November. The initiative makes drug possession and five other low-level, nonviolent offenses misdemeanors instead of felonies. It becomes the 14th state to do so, and by far the largest.

6. Congress Tells the Justice Department to Butt Out of Medical Marijuana States. In passing the omnibus spending bill last week, Congress approved an historic amendment barring the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. Passage does not promise an end to all federal interference -- it doesn't address taxing issues, for instance -- and it is only for this fiscal year, but this is still a landmark vote.

Attorney General Holder has striven to reduce overincarceration of drug offenders. (usdoj.gov)
7. Floridians Vote for Medical Marijuana, But It Still Loses. Florida should have been the first Southern state to approve medical marijuana, and 57% of Florida voters agreed in November. But because the Florida initiative was a constitutional amendment, it needed 60% of the vote to pass. Even with that high bar, the initiative still could have passed, if not for some campaign gaffes. Some $5 million worth of contributions to the "no" side by conservative casino magnate Sheldon Adelson didn't help, either.

8. Medical Marijuana Lite. Maryland passed a medical marijuana law and Minnesota and New York passed limited medical marijuana laws, but this was the year of low-THC, high-CBD medical marijuana laws. Such measures passed in a number of states where full-blown medical marijuana hasn't, including Alabama, Kentucky, North Carolina, and Utah. They typically provide access to high-CBD cannabis oils to a limited number of patients.

9. The Obama Administration Moves to Reduce the Federal Drug War Prison Population. It didn't do it all by itself -- the US Sentencing Commission deserves recognition for proposing sentencing reforms -- but the president and Attorney General Eric Holder spoke our vigorously and repeatedly against mandatory minimums and over-incarceration. It wasn't just talk; the Justice Department instructed US Attorneys to find ways to reduce the use of mandatory minimum sentencing, and exhorted federal drug prisoners to seek clemency.

10. But The Drug War Juggernaut Continues to Roll. Despite all the good news this year, the reality is that we are still nibbling around the edges. While marijuana arrests the previous year were down to just under 700,000 (the historic high was 872,000 in 2008) and overall drug arrests declined by about 50,000, there were still 1.5 million people arrested on drug charges. And the number of people arrested for drugs other than marijuana actually increased.

Chronicle AM: Lebanon Ag Min Says Legalize Hash, NY MedMJ Regs, "Baby Bou Bou" Medical Bill, More (12/19/14)

New York officials have released draft medical marijuana regs, and advocates aren't too impressed, Lebanon's agriculture minister says it's time to legalize it, Bolivia's president criticizes Mexico's drug war, "Baby Bou Bou" has a million-dollar medical bill, and more. Let's get to it:

Bolivian President Evo Morales has some choice words about Mexico's "failed" drug policies. (www.wikimedia.org)
Marijuana Policy

Missouri KC NORML Legalization Petition Needs Editing to Get Official Approval. The KC NORML legalization initiative petition is in for a tune-up after the secretary of state's office rejected it for minor stylistic issues, including incorrect underlining and brackets. Organizers say they will rework and resubmit shortly. There's also another Missouri legalization initiative in the works, courtesy of Show Me Cannabis, but the KC NORML initiative is less restrictive, and less restrictive than the legalization schemes in any of the states that have legalized it so far.

Medical Marijuana

New York State Issues Medical Marijuana Regulations; Advocates Not Too Impressed. The Department of Health released draft medical marijuana regulations today, but advocates say they are too tight. "New York will be one of the more restrictive programs in the country, which could inhibit patients from getting the relief they need," the Drug Policy Alliance complained. Click on the title link for details on the draft regs.

Asset Forfeiture

Public Hearing Set for Orange County, NY, Misdemeanor Asset Forfeiture Ordinance. The public will have one last chance to voice objections to a local asset forfeiture already approved on a party-line vote by the county legislature. The ordinance would allow the county to confiscate assets from those convicted of even misdemeanor drug crimes. The ordinance has been criticized by defense attorneys and others not only for the misdemeanor provision, but also because it would allow for civil asset forfeiture without a criminal conviction. A public hearing is set for December 29. Click on the link for meeting details.

Law Enforcement

Family of Infant Burned by Flash-Bang Grenade in Botched Drug Raid Faces A Million Dollar Medical Bill. It has cost a million dollars so far to undo the damage done to toddler Bounkham Phonesavanh when a Georgia SWAT team member tossed a flash-bang grenade into his crib during a drug raid in which the party sought wasn't even there. Habersham County officials have refused to pay the medical bills, and the family has no means of paying them.

International

Lebanese Agriculture Minister Calls for Legalization of Hash Farming. Agriculture Minister Akram Chehayeb called today for the legalization of marijuana so the state can benefit from hash export revenues. "We are conducting studies on [how to] organize this type of agriculture so that it becomes monitored by the state, and thus the state can buy the harvest and export it to the countries that need it," Chehayeb said in a morning interview with a local radio station. "Instead of prosecuting the farmers, let's find other solutions for them," he said. "The planting of cannabis must be organized to benefit the state and the industrial sector, and it is one way of helping the farmers." Lebanese Druze leader Walid Jumblatt made a similar call earlier this week.

Peru Eradicates Record Amount of Coca. Peruvian officials announced today that they eradicated 77,000 acres of coca crops this year, the highest total since eradication programs began in 1983. But they didn't touch the country's largest coca producing area, the valleys of the Apurimac, Ene, and Mantaro rivers (VRAEM) in south-central Peru. The UNODC says Peru is the world's largest coca producer, and the DEA says it is the world's largest cocaine producer.

Bolivian President Criticizes Mexico's "Failed" Drug War Policies. President Evo Morales said Mexico's failed model for fighting the drug war, citing the recent incident where 43 teachers' college students were disappeared and are presumed dead at the hands of corrupt police working with drug gangs. "The market for cocaine is generally in industrialized and developing countries. But… look at what is happening in Colombia, and especially how it is in Mexico," said Morales. "The recent events [in Ayotzinapa-Mexico], I still think that [the forced disappearance of the students] is a failed model, a model of free market that is unfortunately subject to the US. empire. And now there are deep problems. "We do not want to have this kind of problem in Bolivia, of organized crime. It seems that crime groups are above the state. In some regions, not even with the presence of military bases can one fight drug trafficking," he said at a graduation ceremony for National Police cadets.

Obama Commutes Sentences for Eight Drug Offenders

President Barack Obama today commuted the prison sentences of eight drug offenders and issued pardons for 12 other people who had already finished their sentences. The commutations were for people imprisoned for crack cocaine and methamphetamine offenses.

President Obama exercises his clemency powers. (whitehouse.gov)
No one is walking out of prison today, but all eight had their sentences reduced to lengths that will allow them to walk out at some point in the next year.

Among those who got commutations is Sidney Earl Johnson of Mobile, Alabama, who has been serving a life sentence for crack cocaine offenses since 1994. Another is Larry Naylor of Memphis, who has been serving a life sentence for 50 grams of crack since 1997.

Obama pardoned another 12 people who had already served their time for offenses -- sometimes decades in the past. Four of those pardoned were also drug offenders.

Obama had not been particularly prolific with his exercise of the commutation power -- he had only commuted 10 sentences in his first six years in office -- but earlier this year, the administration announced new, more expansive clemency guidelinesb in a bid to decrease the number of people imprisoned under draconian drug war statutes.

At the time, the White House said the new rules could result in "hundreds, perhaps thousands" of people being granted clemency. This is a start.

See the complete list of pardons and commutations here.

Washington, DC
United States

Indiana Man Pursued By DEA Kills Self, Huge Stash Found

An Indiana man being pursued by the DEA and local police led law enforcement on a high-speed chase before crashing and then shooting himself Tuesday. Omar Eduardo Proano-Montano, 24, becomes the 38th person to die in US domestic drug law enforcement operations so far this year.

According to The Indianapolis Star, citing law enforcement sources, Indianapolis police and DEA agents doing a drug investigation attempted to conduct a traffic stop on Proano-Montano, but he fled, leading police on a high-speed chase.

The chase ended when Proano-Montano crashed into a tree. After a short standoff, police heard a gunshot from within the cab of Proano-Montano's vehicle. They found him dead from a self-inflicted wound.

After Proano-Montano's death, agents executed a series of searches and traffic stops at locations linked to him and found cash, guns, and drugs. In his truck, they found nine pounds of crystal meth and three pounds of cocaine. At other locations, they also seized $9,000 in cash, five fully loaded military grade semi-automatic rifles with 1,000-plus rounds of ammunition, one shotgun, eight handguns, a ballistic vest and a Cadillac, police said.

Indianapolis, IN
United States

Chronicle AM: Obama on DC Pot Laws, WI "Cocaine Moms" Law Challenged, No More 'Shrooms in Bali, More (12/12/14)

The president weighs in on congressional moves to block DC marijuana legalization, Oklahoma could be joining the cannabis oil medical marijuana club, a Wisconsin woman sues over the "cocaine moms" law, the ACLU is looking to sue a Connecticut housing agency over mandatory drug tests, and more. Let's get to it:

Indonesian police will begin enforcing the ban on magic mushrooms next month. (wikipedia.org)
Marijuana Policy

Obama Thinks Congress Should Not Interfere With DC Pot Laws. As the battle continues over whether Congress has managed or not to block the District of Columbia's Measure 71 legalization initiative, President Obama has weighed in. In a Thursday press conference, White House press secretary Josh Earnest said the president did "not believe Congress should spend a lot of time interfering with the citizens of District of Columbia." Asked specifically about Measure 71, Earnest noted that the measure had been approved by the voters and that, "on principle," that Congress shouldn't interfere with home rule. But Earnest also noted that Obama supports passing the omnibus spending bill that would, some say, overturn the measure.

Medical Marijuana

Cannabis Oil Bill Should Be Filed Today in Oklahoma. Rep. John Echols (R-Oklahoma City) has said he plans to file a low-THC cannabis oil bill today. The bill would only allow for use my children suffering from epilepsy. The news comes as the director of the state's drug agency says he now backs a study that would make the medicine available to sick children.

Drug Testing

Connecticut Public Housing Agency Under Fire for Suspicionless Drug Testing of Applicants. The Norwalk Housing Authority (NHA) requires mandatory, suspicionless drug testing of people applying to live there, and the ACLU of Connecticut is looking for people who want to sue the agency over the issue. "We urge you to repeal this policy because this suspicionless drug testing violates guarantees in the United States and Connecticut constitutions against unreasonable searches and seizures," wrote ACLU staff attorney David McGuire in a December 2013 letter to the Authority. "We would like to hear from any potential tenant who objects to the suspicionless drug test so that we can consider legal action," McGuire said Wednesday. To make matters worse, the NHA is the only housing authority in the country to drug test using hair follicles, which unlike urine or blood samples, can reveal drug use going back weeks or even months.

Law Enforcement

Georgia Judge Convicted of Planting Drugs on Woman. A woman accused a judge of propositioning her when she appeared before him to seek warrants against people who had assaulted her, so he conspired with some local cops to plant methamphetamine in her vehicle and have her arrested. Now, former Magistrate Court Judge Bryant Cochran has been found guilty of conspiracy to distribute a controlled substance, violating the civil rights of a court employee by sexually assaulting her, and witness tampering. He's looking at almost certain federal prison time when he is sentenced in February.

Pregnancy

Lawsuit Will Challenge Wisconsin's "Cocaine Mom" Law. A woman who was jailed after admitting past drug use while seeking a pregnancy test and medical help for depression is filing suit to have the state's "cocaine mom" law thrown out. That law allows authorities to detain and force treatment on pregnant women suspected of drug or alcohol use. Tammy Loertscher of Medford is filing the suit with the assistance of National Advocates for Pregnant Women, which says the Wisconsin "fetal protection" law is one of the most sweeping in the nation.

International

Hungary's Prime Minister Wants Drug Tests for Journalists and Politicians. Hungary's rightist prime minister, Viktor Orban, who has vowed to make the country a "non-liberal" state, called today for mandatory drug testing for journalists and politicians. "The government decided that it will rid Hungary of the drug mafia in this term," Orban said. "Politicians, journalists and those filling positions of public trust have to be included (in the drug tests) because it is clear that those who consume drugs cannot be relied on in the fight against drugs." Orban's statement isn't sitting well with journalists and civil libertarians, with the Association of Independent Journalists calling his proposal "legally and morally deeply outrageous." Earlier this week, the mayor Budapest calling for drug testing teens as well, but that proposal appears have been dropped.

Just a Reminder: Magic Mushrooms Are Now Illegal in Indonesia.Magic mushrooms had long been excluded from Indonesian drug laws, and were openly sold and used, especially in the popular tourist destination of Bali, but that's no longer the case. They are now considered a Type 1 narcotic since the law was revised earlier this year, and police are on a campaign to let people know. "All people who consume and trade in magic mushrooms are violating the Narcotics Law," Denpasar Police drug section head Comr. I Gede Ganefo said recently. "Many people do not yet know that magic mushrooms are illegal and they could face a prison term if they sell or consume them. They think it is all right as they grow naturally in manure," Ganefo said. Police said the informational campaign will become an enforcement campaign starting January 1. "Next month [Jan. 2015], there will be no more tolerance. If we find any people selling or consuming magic mushrooms, we will arrest them. They could face the same charges as those using marijuana and other drugs, a minimum four-year and maximum 12-year prison term," Ganefo said.

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

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

Marijuana Policy

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

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

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

Medical Marijuana

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

Drug Testing

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

International

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

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

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

Budget Bill Curbs Federal Medical Marijuana, Hemp Enforcement

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

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

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

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

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

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

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

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

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

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

Washington, DC
United States

Chronicle AM: DC Pot Battle Unsettled, Federal Racial Profiling Ban, Budapest Drug Testing, More (12/8/14):

DC's marijuana reforms remain under threat from congressional Republicans, Washington state's pot-sellers are feeling burdened by taxes, California doctors reject denying transplants to medical marijuana patients, the Justice Department issued racial profiling guidelines for federal law enforcement, and more. Let's get to it:

House Minority Leader Nancy Pelosi (house.gov)
Marijuana Policy

Nancy Pelosi Pledges Support for DC Autonomy as Possible Battle Over Marijuana Reforms Looms. At a press conference last Friday, House Minority Leader Nancy Pelosi said she supported the District's autonomy, but stopped short of saying any Republican moves to block the implementation of decriminalization or legalization would be a "deal breaker" on agreement for a broader appropriations package. "I have expressed concerns about treating the District of Columbia in a fair way, respecting home rule," Pelosi said. "I'm not saying any one of them is a deal breaker, but I'm saying this is an array of concerns that we have: clean air, good food standards, workplace safety, fairness to the District of Columbia, how the top line dollar is allocated within the legislation." Rep. Andy Harris (R-MD) is leading a House effort to block federal funds being used for pot law reforms, and the Rep. Harold Rodgers (R-KY), head of the House Appropriations Committee wants to see Harris's amendment included in the appropriations bill. Stay tuned.

Tax Issues Fueling Concerns Among Washington State Pot Retailers. The state's 25% excise tax and the federal government's refusal to let pot businesses to deduct legitimate business expenses -- such as state taxes -- is putting the squeeze on the state's fledgling retail industry. That's helping to contribute to retail marijuana prices that are higher than black market prices, but still not enough to be profitable under the weight of the state and federal taxes. There could be a fix coming in the state legislature; efforts are also underway to change the federal tax code to recognize legal pot businesses.

Medical Marijuana

California Doctors Reject Denying Organ Transplants to Medical Marijuana Patients. The California Medical Association (CMA) voted unanimously this past weekend to urge transplant clinics in the state against removing patients from organ transplant lists based on their medical marijuana status or use. The CMA House of Delegates was in San Diego for its annual meeting, and voted Saturday on Resolution 116-14 in support of patients' ability to remain on transplant lists despite their medical marijuana use. "I am very proud of my colleagues at the CMA, who once again endorsed the principle that medical decision for the benefit of patients be based on science and not moralistic prejudices," said Dr. Larry Bedard, a retired Marin General Hospital emergency physician and 30-year CMA delegate who currently serves on its Marijuana Technical Advisory Committee.

Law Enforcement

Justice Department Unveils Racial Profiling Ban for Federal Law Enforcers. The Justice Department today issued guidelines that will ban federal law enforcement agents from profiling on the basis of race, religion, national origin, and other characteristics. The guidelines cover federal agencies within the Justice Department, including the FBI, the DEA, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. They also extend to local and state officers serving on joint task forces alongside federal agents. The new guidelines will not apply to security screeners in airports and at border checkpoints, nor are they binding on state and local police forces.

International

Budapest Mayor Wants Mandatory Drug Tests for Teenagers, More. Mayor Mate Kocsis wants mandatory annual drug testing for city teenagers, as well as for elected officials and journalists. He said the idea was to target "those most at risk, decision-makers and opinion-formers." Kocsis is a member of the governing Fidesz Party, whose parliamentary group will discuss his proposal today. In August, Kocsis managed to get a needle exchange program for injection drug users shut down. He has also introduced legislation to ban picking through garbage and sleeping on the streets.

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