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Chronicle AM: CA Could Get $1 Billion a Year in Pot Taxes, Kosher MedMJ Comes to NY, More... (12/31/15)

Thar's gold in that there merry-ju-wanna, California finance officials say; Oregon recreational tokers start paying taxes next week, kosher medical marijuana comes to New York, the US surgeon general is planning a review of drug policies, and more.

Marijuana Policy

California Could Get $1 Billion a Year in Pot Taxes, Finance Department Says. The state stands to gain "from the high hundreds of millions to over $1 billion annually," according to the Department of Finance's analysis of the Adult Use of Marijuana Act, the "Sean Parker initiative," which looks to be the one that will go before voters in November. The state could also save about $100 million a year from "the reduction in state and local criminal justice costs" associated with marijuana prohibition, the report added.

Mississippi Legalization Initiative Comes Up Far Short. A DeSoto County woman's effort to get a legalization initiative, Ballot Initiative 48, on the November 2016 ballot has come to an end. Kelly Jacobs managed to gather only 13,320 valid voter signatures by this week's Tuesday deadline. She needed 107,000 to qualify. Jacobs had complained of unlawful denial of access to public buildings and being threatened by Ku Klux Klan members, among other improprieties. "The truth about Mississippi and marijuana is that Mississippians are too afraid of the police to change the law themselves by supporting a ballot initiative with their signatures of approval," Jacobs said.

Oregon Recreational Marijuana Sales Tax Goes Into Effect Next Week. Recreational pot smokers who have been enjoying tax-free marijuana from dispensaries in the state will have to start paying up beginning on January 4. On that date, a 25% sales tax for pot takes effect. Registered medical marijuana patients will not be affected. The tax could decrease at a later date.

Medical Marijuana

New Yorkers Can Get Kosher Medical Marijuana. Vireo Health, a provider of non-smokable medical marijuana products, has been certified kosher by the Orthodox Union. The Union said it awarded the certificate after inspecting the company's facilities to ensure that the marijuana was being grown and processed according to kosher standards. Vireo said it was the first time a medical marijuana producer had been certified as kosher.

Drug Policy

US Surgeon General to Review Drug Policies. According to a Federal Register notice published Thursday, the US surgeon general is preparing a report "presenting the state of the science on substance abuse, addiction, and health. The review will cover both illegal drugs and legal substances, such as alcohol and tobacco. The report will be broad in scope, covering prevention, treatment, and recovery; social, economic, and health consequences of substance use; the state of health care access; and "ethical, legal and policy issues; and potential future directions."

Law Enforcement

Appeals Court Agrees to Hear Case of Texas Trucking Company Suing DEA. The 5th US Circuit Court of Appeals in New Orleans will hear oral arguments in the case of Craig Patty in February. Patty owns a trucking company. The DEA used one of his trucks without his permission in a drug cartel sting that resulted in a shootout in Houston leaving an informant dead and leaving Patty's truck bullet-riddled. Patty filed suit, seeking payment from the DEA for fixing the truck and for the temporary loss of its use, as well as damages for emotional turmoil to Patty, who feared the Zetas cartel could come after him. A federal circuit court judge ruled earlier in the DEA's favor.

International

Another Malaysian Faces Death Sentence for Marijuana Trafficking. A 35-year-old Malaysian man has been charged with trafficking 15 pounds of marijuana, which, under the country's Dangerous Drug Act of 1952, carries a mandatory death sentence. The defendant, S. Gunalan, had no legal representation during his initial hearing.

Chronicle AM: DOJ Suspends Asset Forfeiture Progam, Syrians Flee ISIS for Lebanon's Hash Trade, More (12/23/15)

Two federal agencies make drug policy-related announcements, Syrians are fleeing the ISIS caliphate to work in the hash fields of Lebanon, and more.

Lebanese hash field (cannabisculture.com)
Medical Marijuana

DEA Eases Requirements for Natural Marijuana-Derived Research. The DEA today eased some restrictions on research evaluating cannabidiol (CBD) for medicinal use. The changes will relax some requirements imposed by the Controlled Substances Act on use of CBD in specific US Food and Drug Administration-approved research protocols. The changes are in effect immediately.

New Hampshire to Begin Issuing Medical Marijuana ID Cards. State officials said today that they will begin issuing ID cards to registered medical marijuana patients beginning Monday. While dispensaries in the state won't open until the spring, people with the ID cards will be able to buy medical marijuana in neighboring states that have reciprocity.

Asset Forfeiture

Justice Department Suspends Asset Forfeiture Equitable Sharing Program. The Justice Department released a memorandum Monday notifying law enforcement agencies that it is temporarily suspending the equitable sharing program asset forfeiture funds because of tight budgets. This means law enforcement agencies will no longer get a share of federal funds confiscated through civil asset forfeiture, and that means law enforcement agencies have lost a considerable financial incentive to turn drug busts over to the feds. Many state laws require seized funds to be allocated to the general fund or education funds, and law enforcement agencies used the federal equitable sharing program to get around those laws. Under the federal program, the local seizing agency got 80% of the haul.

International

Syrians Flee ISIS to Harvest Hash in Lebanon. Refugees from Raqqa, the capital of the ISIS caliphate, are fleeing across the border to Lebanon, where they can get work in that country's booming cannabis trade. Their work in the trade places them in danger of retribution from the jihadists if they return home, they said. "If Islamic State back home knew we work with hashish, they would cut us" with knives, said one refugee.

The Top 10 Domestic Drug Policy Stories of 2015 [FEATURE]

As the year winds down, we look back on the big stories in drug policy, from marijuana reform to climbing fatal overdose levels to sentencing reforms and beyond.

Marijuana remained a major story this year. (wikimedia.org)
The Sky Hasn't Fallen on Legal Marijuana States. The great social experiment with marijuana legalization appears to be going off without a serious hitch, and that's great news for people in states where it will likely be an issue next year. No outbreaks of reefer-induced mass criminality have taken place, no hordes of zombie school kids have appeared. In fact, very little at all seems to have happened, except that in Washington state, marijuana arrests are way down, tax revenues are flowing in, and, and ditto for Colorado, where legal pot has created 16,000 jobs (not to mention thousands more in weed-related industries) and, in Denver at least, a real estate boom is going on. Evaluating the impacts of a policy shift like ending state-level marijuana prohibition is a complicated and long-term affair, but so far it we're not seeing any signs of major social policy disaster.

The Marijuana Majority Solidifies. Marijuana legalization is now consistently winning majority support in national polls. An April CBS News poll (released on 4/20) reported support at "an all-time high" at 53%, while a Pew Research poll that some month also came in at 53%. An October Gallup poll had support at 58%, a November Morning Consult poll had it at 55%. This is really quite remarkable: Less than a decade ago, fewer than a third of people were ready to legalize it. Beginning in 2012 or 2013, public opinion reached the tipping point, and now we've clearly tipped.

Groundwork Well Laid for Marijuana Legalization Efforts Next Year. Efforts are well-advanced in a half-dozen states states to put legalization initiatives on the ballot next year. A Nevada initiative has already qualified for the November ballot and a Massachusetts initiative has also met its initial signature gathering hurdle (but must let the legislature have a chance to act before gathering a token amount of additional signatures to qualify for November). Initiative signature gathering campaigns are also well-advanced in Arizona, Maine, and Michigan, and while the California effort lags behind, an initiative backed by some deep-pocketed funders should qualify for November as well. State polls in those states show majorities for legalization, but support numbers only in the 50s suggests that victories are by no means inevitable. Those numbers tend to get pushed down in the course of an actual campaign, especially if there's well-funded opposition. And serious efforts are underway in two states, Rhode Island and Vermont, to pass legalization at the state house next year.

Monopoly Marijuana Gets Rejected in the Heartland. In a clear signal that marijuana legalization is not inevitable, a well-funded, but equally well-loathed legalization initiative went down in flames in November. The ResponsibleOhio initiative would have enshrined within the state constitution a "monopoly" under which pot would be legalized, but only 10 growers could produce commercial pot crops. The effort was opposed by the state's Republican political establishment, as well as the usual suspects in law enforcement, but also by most of the state's marijuana legalization activists. Concerns about the role of industry money in the movement are on the rise, but ResponsibleOhio wasn't even industry money -- it was just a set of wealth investors hoping to cash in with their privileged positions in a newly legal and high lucrative industry.

Black Lives Matter's Policing Critique Implicates the Drug War. The most energetic mass movement since 2011's Occupy Wall Street (and beyond) is taking direct aim at policing abuses that have festered for a generation -- and the war on drugs is deeply implicated in them. BLM's Campaign Zero manifesto to end police violence includes numerous drug war-related reform targets. From the militarization of policing to mass incarceration, from stop-and-frisk to "policing for profit," the objects of BLM's ire are key components of the drug war, and the movement is raising the racial justice imperative in the loudest fashion possible.

Heroin overdoses are still on the increase. (New Jersey State Police)
Overdoses Kill Tens of Thousands, Harm Reduction Responses Emerge. Drug overdoses are now the leading cause of accidental death in the US, claiming some 44,000 lives a year. Heroin is involved in more than 8,000 of those deaths, but prescription opiates are involved in twice that number. Deaths related to prescription opiates are actually leveling off in line with a decrease in prescribing beginning in 2012, but heroin deaths, which quadrupled between 2002 and 2013, are not, especially as people who once had access to pain pills resort to the black market. With the rising death toll -- and the changing demographics of users; younger, whiter, less "urban" -- has come a new openness toward harm reduction measures that can actually save lives, especially the wider availability of the opiate overdose reversal drug naloxone (Narcan). Access to the drug is being increased around the country, thousands of lives are being saved, even the drug czar is for it. It's not like having supervised injection facilities, where users can inject under medical supervision, and which are proven to practically eliminate overdoses (Vancouver's InSite points to exactly zero fatal overdoses in nearly 16,000 injections), but it's a start.

Asset Forfeiture Reform Picks Up Steam. The use of asset forfeiture has been a favorite drug war tactic of police and prosecutors for years, and has grown to the point where federal law enforcement seized more from citizens than burglars did last year. It's been 15 years since the last round of federal asset forfeiture reform, and the pressure is building in Washington. The year started off with then Attorney General Holder abruptly limiting federal seizure sharing with state and local cops, which cut off a main conduit for local cops to get around state asset forfeiture laws (the federal equitable sharing program allowed seizing law enforcement agencies to keep 80% of seizures, while state laws often required seizures to go into general funds). That was followed by the filing of a Rand Paul bill to end federal civil asset forfeiture with a House panel signaling support. The practice is also under fire in the states, where more than a dozen took up bills this year. In two states, Maryland and Wyoming, bills passed the legislature, only to be vetoed by Republican governors, but new asset forfeiture reform laws went into effect July 1 in Montana and New Mexico and passed in Michigan in the fall. Look for more asset forfeiture reform battles next year, both in Congress and at the statehouse.

Some 6,000 drug war prisoners got out in one fell swoop at the beginning of November. (nadcp.org)
6,000 Federal Drug War Prisoners Come Home. At the end of October, the largest prisoner release in recent US history took place, with some 6,000 prisoners set free after their drug sentences were cut thanks to policy changes by the US Sentencing Commission. Another 8,000 are set to be released the same time next year. Along with other sentencing reforms enacted in the past few years, the move has resulted in the federal prison population declining for the first time since Ronald Reagan unleashed the modern drug war in the early 1980s.

Obama Commutes Drug Sentences. President Obama commuted the sentences of 68 drug offenders earlier this year, and just last week he commuted the sentences of nearly a hundred more. Obama has now issued more commutations (which actually free people still behind bars, as opposed to pardons, which are granted after the fact) than the last five presidents combined, and with some 35,000 having petitioned for commutations at the invitation of the Justice Department, we could well see another big batch next year before he leaves office.

Drug Policy Becomes a Presidential Election Issue. In a good way. On the issue of marijuana policy, Bernie Sanders has become the first serious mainstream presidential candidate to endorse marijuana legalization, and, as this Marijuana Policy Project report card on the presidential candidates shows, many of the others -- from both parties -- support medical marijuana, decriminalization, and/or a states' rights approach to legalization. Not all of them do, of course, but supporting marijuana reform is now a thoroughly mainstream position in presidential politics. Similarly, the candidates have been addressing high rates of prescription opiate and heroin use, with even some GOP candidates talking about treating addiction as a health and public health issue, not a criminal justice one. Democratic contenders have also been addressing the problem as a public health issue, most recently in the New Hampshire Democratic debate. We've come a long way from competing to see who can be the "toughest" on drugs.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Obama to Free 93 Drug War Prisoners, Budget Deal Includes Drug Reforms, More (12/18/15)

The omnibus budget bill approved by Congress today includes several drug policy provisions, the president commutes the sentences of 93 drug war prisoners, Iranian parliamentarians move to end the death penalty for non-violent drug smuggling offenses, and more.

There will be a bit less overcrowding in federal prisons next spring. (nadcp.org)
Marijuana Policy

US Postal Service Doubles Down on Marijuana Advertising Mailing Ban. What started as a one-off letter to a small Washington state newspaper has now become official USPS policy nationwide. The agency's general counsel has penned a new letter directing postal carriers across the country to report marijuana ads to law enforcement, and now, Oregon federal representatives are trying to get to the bottom of it. "We are working as a delegation to quickly find the best option to address this agency's intransigence," said Sens. Ron Wyden and Jeff Merkley and Reps. Suzanne Bonamici and Earl Blumenauer in a statement. "We want federal authorities to respect decisions made by law-abiding Oregonians and small business owners in the state. Unfortunately, the outdated federal approach to marijuana as described in the response from the Postal Service undermines and threatens news publications that choose to accept advertising from legal marijuana business in Oregon and other states where voters have also freely decided to legalize marijuana."

Oregon Indian Tribe Votes to Approve Marijuana. Members of the Confederated Tribes of Warm Springs overwhelmingly approved a referendum that would allow for the growing, processing, and selling of marijuana. The referendum passed with 86% of the vote.

Medical Marijuana

Florida Supreme Court Okays Medical Marijuana Initiative Language. The state's high court determined that the initiative is limited to a single subject and its ballot wording informs voters fairly. That means if supporters collect enough valid voter signatures, the measure will appear on the November 2016 ballot.

Congress Passes Budget Bill That Bars DOJ From Interfering in Medical Marijuana States. The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects and it also lifts a freeze on federal funding for needle exchange programs. But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

Hemp

Key Hemp Provision Added to the Omnibus Appropriations Act of 2016. The budget bill that passed Congress today protects the transportation, processing, and sale of hemp that is from Farm Bill-compliant pilot programs. The provision was added to the bill by Senate Majority Leader Mitch McConnell (R-KY).

Harm Reduction

Congress Passes Budget Bill That Includes End to Ban on Federal Needle Exchange Funds. The omnibus spending bill approved by Congress this morning lifts a freeze on federal funding for needle exchange programs. The ban had been put in place in the midst of drug war and AIDS hysteria in 1988 and was repealed in 2009, when Democrats controlled both chambers, but reinstated by congressional Republicans after they regained control of the House in 2011.Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding.

Sentencing

Obama Commutes Sentences for Nearly a Hundred Federal Drug Prisoners. President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences. This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

International

Move to End Death Penalty for Drug Smuggling in Iran. At least 70 members of the Iranian parliament are supporting an effort to end the death penalty in nonviolent drug smuggling cases. The country is most likely the world's leading drugs executioner, with one UN official estimating that it will hang a thousand people for drug crimes this year. Lawmakers are preparing a bill to present to the parliament.

President Obama Commutes Sentences of Nearly a Hundred Federal Drug Prisoners

President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences.

President Obama commutes drug sentences. (whitehouse.gov)
Many had been imprisoned since the 1990s. Some were doing life sentences for drug offenses. Most were cocaine offenders, but the commutations also included people doing time for marijuana, meth, and heroin.

This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

Recent Republican presidents have tended to be stingier with the commutation power than recent Democrats. Jimmy Carter commuted 29 sentences and Bill Clinton commuted 61, but Ronald Reagan only commuted 13 and the Bush father and son team only commuted 14 between them.

Commutations apply to prisoners who are still serving their sentences, while pardons apply to those who have already completed them. The prisoners whose sentences were commuted today are set to walk out of prison next April.

"Most of the commutations the President has granted have been to nonviolent offenders sentenced under those unjust -- and now outdated -- drug crime sentencing rules," the White House said as it announced the commutations today. "If these individuals had been convicted for the exact same crime under today's laws, nearly all of them would have already finished serving their time."

The president sent a personal letter to each of the 95 people receiving a commutation: "I am granting your application because you have demonstrated the potential to turn your life around," he wrote. "Now it is up to you to make the most of this opportunity. It will not be easy and you will confront many who doubt people with criminal records can change… But remember that you have the capacity to make good choices. By doing so you will affect not only your life, but the lives of those around you. You will also influence, by your example, the possibility that others in your circumstances get their second chance in the future."

President Obama has taken other steps to address harsh drug war sentencing, including supporting and signing the Fair Sentencing Act, which reduced the disparity in crack and powder cocaine sentencing; creating a task force on 21st Century policing, and launching the Smart on Crime initiative, which includes the Justice Department modifying its policies on mandatory minimum sentencing.

Last year, he signaled that he wanted to make broader use of the clemency power, and Deputy Attorney General James Cole laid out criteria for those who would qualify. Those include people who are nonviolent, low-level offenders without significant ties to large gangs or cartels who have served at least 10 years of their sentence, have no other significant criminal history, have shown good conduct in prison, have no history of violence, and who would like have received a significantly lower sentence if sentenced today.

Since then, a consortium of lawyers calling itself Clemency Project 2014 has volunteered to handle and help process clemency requests. Tens of thousands of federal prisoners have responded. While President Obama has commuted more sentences than any recent president, there are thousands more that meet the criteria. He has one more year to exercise his commutation power.

Spending Bill Just Passed By Congress Includes Important Drug Reforms

The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects, and it also softens a freeze on federal funding for needle exchange programs.

But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

The language blocking the Justice Department from going after medical marijuana where it is legal also came in the form of an amendment from Rep. Dana Rohrabacher (R-CA) and Rep. Sam Farr (D-CA), which was passed last year, but had to be renewed this year. In the Senate, Sen. Barbara Mikulski (D-MD) sponsored the amendment.

Drug and criminal justice reformers welcomed the progress on Capitol Hill.

"The renewal of this amendment should bring relief for medical marijuana patients and business owners," said Michael Collins, Deputy Director of National Affairs for the Drug Policy Alliance. "For decades Congress has been responsible for passing disastrous drug laws. It's encouraging to see them starting to roll back the war on drugs by allowing states to set their own medical marijuana policies."

"Patients who benefit from medical marijuana should not be treated like dangerous criminals, and the businesses that support them need to be protected from the old drug war mentality that still runs deep within the DEA," said Major Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "It's very encouraging to see such widespread support for protecting state's rights and the rights of patients."

Reformers also cheered the softening of a ban on states and localities spending federal AIDS funds on needle exchange programs. The ban was put in place in the midst of drug war and AIDS hysteria in 1988, and repealed in 2009 when Democrats controlled both chambers of Congress, but reinstated by congressional Republicans after they regained control of the House in 2011.

Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding, but not completely. There is still a ban on federal funding of syringes for the programs, but funds can be used for other program expenses such as staff, if a local or state authority has issued an emergency finding.

"Syringe access programs are a sound public health intervention, rooted in science, and proven to drastically reduce the spread of HIV and hepatitis C," said DPA's Collins. "Lifting this archaic ban will save thousands of lives."

"Needle exchange is a public health and safety necessity," said retired corrections officer, substance abuse counselor, and LEAP speaker, Patrick Heintz. "This new law will not only protect those who use drugs from disease, but it will help prevent other innocent victims who come into intimate contact with people who use IV drugs that have been forced for so long to share contaminated needles."

Needle exchange programs are proven to reduce the spread of HIV, Hep C, and other blood-borne diseases and are supported by every major medical and public health organization, including the American Medical Association, the National Academy of Sciences, American Academy of Pediatrics, American Bar Association, and US Conference of Mayors, as well as UNICEF, the World Bank, and the International Red Cross-Red Crescent Society.

Washington, DC
United States

Chronicle AM: DE Decriminalizes Tomorrow, Drought Halves Afghan Opium Crop, More (12/17/15)

The Obama administration weighs in on Nebraska and Oklahoma's lawsuit against Colorado legalization, Delaware decrim goes into effect tomorrow, Hawaii released medical marijuana dispensary rules, drought is hurting Afghan poppy production, and more.

Afghan opium production is down 48% this year, thanks to drought conditions. (unodc.org)
Marijuana Policy

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law. In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems." Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause. They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce. But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction. The proper jurisdiction, the Solicitor General suggested, was federal district court.

Delaware Decriminalization Goes Into Effect Tomorrow. Beginning tomorrow, people caught possessing an ounce of pot or less will face a $100 civil fine instead of a criminal charge. Minors caught smoking pot in public will still face criminal sanctions.

Vermont Marijuana Legalization Bill Unveiled. A legalization bill to be introduced next month by Sens. Jeannette White (D-Windham) and Joe Benning (R-Caledonia) will allow Vermonters to possess up to one ounce and grow up to 100 square feet. Any harvest from personal grows in excess of an ounce must be kept in a secured location. The bill would also set up a system of regulated marijuana commerce, and it would for public consumption in lounges where customers could purchase and use marijuana.

Pittsburgh Decriminalization Wins Preliminary Vote. The city council voted 6-1 Wednesday to approve a bill decriminalizing marijuana possession. The bill would make possession of up to 30 grams a civil infraction with a $100 fine.

Medical Marijuana

Hawaii Health Department Issues Dispensary Rules. The Health Department Tuesday released detailed rules for dispensaries. The rules cover the application process, security, quality control, and auditing of records and operations for commercial grows and dispensaries. Earlier this year, the legislature and the governor approved opening up eight dispensaries.

International

Drought Forces Decline in Afghan Opium Production. For the first time since 2009, opium production has decreased in Afghanistan, the UN Office on Drugs and Crime said reported. The area under cultivation declined by 19% from last year -- an all-time high -- and production declined even more, by 48%. UNODC attributed the decline to drought conditions. "The low (overall) production can be attributed to a reduction in area under cultivation, but more importantly to a drop in opium yield per hectare," said the report, which was released last week. "The lack (of) sufficient water for irrigation... affected the decision of some farmers not to cultivate poppy."

Mexico City Mayor Proposes Legalizing Marijuana-Based Medicines. Mayor Miguel Angel Mancera is pushing a national initiative in the congress to allow the importation -- but not the production in Mexico -- of marijuana-based medications. He said if morphine-based medicines are legal, marijuana-based ones should be, too.

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law

In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law.

Will they agree with the Solicitor General?
The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems."

Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause.

They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce.

But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction.

The proper jurisdiction, the Solicitor General suggested, was federal district court.

The state of Colorado is fighting the lawsuit, and the Solicitor General's brief largely followed the arguments of the state in its briefs.

Drug reformers applauded the action.

"We are pleased the DOJ agrees that this lawsuit borders on the frivolous. States have historically been allowed to establish their own criminal laws," said Jolene Forman, staff attorney for the Drug Policy Alliance. "Moreover, Colorado is putting resources into ensuring its policies follow DOJ guidelines and has worked extensively with the DOJ towards this goal."

The federal government itself has not challenged the regulatory law in Colorado, nor did they choose to interfere with its implementation. To the contrary, the government has deprioritized enforcement of state-level marijuana reforms and acknowledged the interests that both states and the Federal government have in openly regulating marijuana.

"Nebraska and Oklahoma's primary problems are their own punitive policies regarding marijuana use and possession," said Art Way, Colorado State Director of the Drug Policy Alliance. "It is not Colorado's fault these states look to spend such a high degree of law enforcement and judicial resources on marijuana prohibition. Nebraska and Oklahoma should look to establish policies based on the potential harm of marijuana as opposed to simply using marijuana as the gateway to their criminal justice systems."

"This is the right move by the Obama administration," said Tom Angell, chairman of Marijuana Majority. "Colorado and a growing number of states have decided to move away from decades of failed prohibition laws, and so far things seem to be working out as planned. Legalization generates tax revenue, creates jobs and takes the market out of the hands of drug cartels and gangs. New federal data released this week shows that as more legalization laws come online, we're not seeing an increase in teen marijuana use, despite our opponents' scare tactics," he continued.

Washington, DC
United States

Chronicle AM: Ireland to Allow SIF, Congress Renews DEA Funding Ban in MedMJ States, More (12/16/15)

Congress continues to block DEA harassment in medical marijuana states, Washington state could see a lot more pot shops, it looks like Florida will vote again on medical marijuana, Ireland is moving toward setting up a supervised injection site in Dublin, and more.

A supervised injection site is coming to Dublin next year. (vch.ca)
Marijuana Policy

Congress to Continue Blocking DEA Interference With Medical Marijuana States. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

Washington Could Allow Lots More Marijuana Stores. The Washington State Liquor and Cannabis Board (WSLCB) today heard a staff recommendation to increase the number of retail marijuana outlets from 334 to 556. The move is expected to be finalized in emergency rules to be announced January 6.

Medical Marijuana

Florida Medical Marijuana Initiative Already Has 900,000 Signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Illinois to Consider Adding New Qualifying Conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Methamphetamine

Indiana Legislators Compete Over How to Restrict Access to Cold Medications. Faced with a bill that would require a doctor's prescription to obtain cold medications containing pseudoephedrine, two lawmakers have come up with an alternative measure that would instead allow pharmacists to decide whether or not customers could buy the cold medications.

Drug Treatment

Most People in Treatment for Marijuana Are Sent There By Courts. A report this month from the US Department of Health and Human Services finds that between 2003 and 2013 52% of people in drug treatment for marijuana were referred by the criminal justice system. Only 18% were in treatment because they sought it themselves.

International

Irish Cabinet Approves Supervised Injection Site in Dublin. The cabinet has approved a pilot plan for a medically supervised injection facility in the nation's capital. The move came yesterday and was at the behest of Aodhan O'Riordain, the minister in charge of the National Drug Strategy. The country's drug law must first be amended to allow for such facilities, which should happen early next year.

Chronicle AM: Mexico Issues First Pot Permits, DOJ Wants More $$$ for Asset Forfeiture, More (12/11/15)

A legalization initiative dies in Florida, but another is born in Montana; the Justice Department proposes funding increases for asset forfeiture programs, Mexico issues the first permits allowing people to grow and possess marijuana, and more.

!Viva Mexico!
Marijuana Policy

Florida Legalization Initiative Gives Up. Marijuana legalization will not be on the Florida ballot next year. Regulate Florida, which was the group behind the campaign, conceded Wednesday that it would not be able to gather the 683,000 needed signatures by the February deadline. They may try again in 2018, the group said.

Montana Legalization Initiative Approved for Signature Gathering. Secretary of State Linda McCulloch (D) Thursday approved the language of Initiative 178, which would legalize pot for people 21 and over, subject to licensing requirements and state regulations. Petitioners need 24,175 valid voter signatures, including at least 5% of registered voters in each of the state's 343 House districts.

St. Petersburg Ponders Decriminalization. St. Petersburg city council members Thursday asked Pinellas County commissioners to decriminalize small-time pot possession. Council members said that if the county doesn't act, they will draft their own municipal decriminalization proposal. In the past year, local decriminalization has taken off in Florida, with Miami-Dade, Broward, and Palm Beach counties, as well as several municipalities in those counties, adopting similar ordinances.

Asset Forfeiture

Justice Department Wants Even More Money for Asset Forfeiture Programs. American law enforcement is seizing property from citizens at a record rate, but that's apparently not good enough for the Justice Department, which is seeking increased funding to support the asset forfeiture activities of the DEA and the Organized Crime Drug Enforcement Task Forces. The department wants $297.2 million to fund asset forfeiture in FY 2016, up $14 million over the previous year and up a whopping 146% since 2008. The entire federal drug control budget has increased by only 25% during that same period.

Drug Policy

Maine Legislature Caves in to Governor, Agrees to Hire More Drug Agents. Legislative leaders Wednesday unveiled a $4.8 million plan to fight the state's opiate use problem, with half of the funding going to law enforcement, including the hiring of 10 new state drug agents. Gov. Paul Le Page (R) had threatened to call in the National Guard today to fight drugs if the legislature didn't fund his demands. The other half of the money designated would go toward treatment, recovery, and education.

International

Mexico Issues First Permits to Grow and Use Marijuana. The Mexican government has awarded permits to four people that allow them to grow and possess marijuana for personal use. The move comes in the wake of last month's Supreme Court decision allowing the four to legally produce it for their own use. Both the court ruling and the permits were limited to the four people in the case, but could pave the way for similar court rulings across the country and, ultimately, pot legalization nationwide.

Danish Parliament Considers Medical Marijuana. The parliament today began debating a proposal to legalize marijuana for medical use. The bill is sponsored by Alternativet, but has the support of other parties as well. Alternativet, Dansk Folkeparti, Liberal Alliance, Socialistisk Folkeparti, and Radikale all support the bill. Together, they have 88 votes in parliament, precisely the number needed for the measure to pass.

Drug War Issues

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