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Top Lawyer's Opinion Threatens DC Marijuana Legalization Initiative

The District of Columbia's attorney general, Irvin Nathan, has issued an opinion saying that the proposed DC marijuana legalization initiative should not go before the voters because it violates federal law. Nathan sent the opinion to the DC Board of Elections Thursday, ahead of its Tuesday meeting to decide whether or not to approve it.

Nathan's opinion is not binding, board spokesperson Tamara Robinson told the Washington Times.

"We take all comments into consideration, whether they are from the AGs office or written from DC residents," Robinson said. "At times we have agreed with the attorney general's office on certain matters and at times we don't."

But if the board agrees with the city's top lawyer next week, that could mean back to the drawing board for the initiative's proponents, the DC Cannabis Coalition. That in turn could mean its chance of actually gathering enough signatures to qualify for the November 2014 ballot before the clock ran out would be greatly diminished.

In his opinion, Nathan took issue with a passage in the initiative that says "no district government agency or office shall limit or refuse to provide any facility service, program or benefit to any person" based on the legalization of marijuana."

That language conflicts with the Anti-Drug Abuse Act of 1988, which "requires that public housing leases make 'drug-related criminal activity' on or off public housing premises a cause for terminating a public housing lease," he wrote. "The proposed initiative would prohibit leases from containing such language and prohibit the District from evicting a public-housing tenant who, in violation of federal law and the lease, possessed small quantities of marijuana."

The coalition's Adam Eidinger told the Times said he is working with coalition lawyers from his to see if the questioned wording in the initiative can be changed ahead of the Tuesday hearing.

"It might just be a matter of four words that have to be changed," Eidinger said. "I don't want to lose our opportunity to collect signatures."

The initiative would legalize the possession of up to two ounces of marijuana and allow for growing up to six plants. It would not legalize the sale of marijuana or allow for marijuana retail stores.

The DC city council is preparing for a final vote to decriminalize marijuana possession next month, and there are efforts underway to get a legalization bill moving in the council, but initiative advocates hope that they can either get on the ballot and let voters decide or use the initiative as a sword over the head of the council to prod it to act.

Washington, DC
United States

Medical Marijuana Update

California counties continue to struggle with dispensary and growing rules, Reno's mayor has a change of heart, some Oregon cities may have to change their ways, and more. Let's get to it:

California

Last Friday, a superior court judge threw out Kern County's Measure G, the voter-approved 2012 ordinance limiting where dispensaries can operate in unincorporated areas of the county. Judge Kenneth Twisselman ruled that the ordinance failed to properly consider environmental impacts. But county lawyers said it could clear the way to shut down all dispensaries in the county, so expect more battles to be waged in Kern.

Last Thursday, a petition drive was underway in Shasta County that would put the county's pending ban on outdoor medical marijuana gardens in the voter's hands this November. Organizers need 6,544 valid signatures by February 28. County supervisors last month unanimously voted to ban all outdoor medical marijuana cultivation in the unincorporated parts of Shasta County, and place additional restrictions on in grows. The outdoor ban is set to take effect on February 28 unless the petition proves successful, in which case supervisors could either choose to repeal the ordinance or send it on for voters to decide in the fall.

Guam

Last Thursday, the Guam Election Commission's legal counsel said a medical marijuana bill was "inorganic" and could not be acted on. Senate Bill 215 was amended by its sponsor at the request of other legislators to put the measure to a popular referendum, but the legal counsel said Guam's Organic Act, the law which established democracy in the US territory, does not allow for popular referenda.

Nevada

Last Friday, Reno Mayor Bob Cashdell said he would now push to license dispensaries. That's a change for Cashdell, who was a vocal critic of dispensary legislation when it passed last year. Cashdell said he had a family member who benefited from medical marijuana.

New Hampshire

Last Wednesday, the House balked at advancing a bill that would modify the state's yet-to-begin medical marijuana program. House Bill 1616 would expand the program to include more medical conditions, but also limit the amount of marijuana patients could purchase each month. House leaders said they would study the bill for the rest of this year.

New Mexico

On Tuesday, the state Health Department released a patient survey that showed that state-licensed growers were growing nowhere near enough marijuana to supply registered patient demand. Patients are using about 11,000 pounds a year, but licensed growers are producing only about 2,250. The Health Department is "weighing its options about whether to increase production" and whether to increase the number of producers or the number of plants each can produce, a spokesman said.

Oklahoma

Last Wednesday, hundreds of people showed up at the state capitol for a hearing on medical marijuana. The hearing addressed the use of high CBD cannabis oil as a treatment for epileptic seizures in children, but others rallied outside calling for full legalization.

Oregon

Last Tuesday, the Tigard city council voted to ban dispensaries. But the council may be open to lifting it in the future and regulating dispensaries.

Also last Tuesday, the Grants Pass city council voted to ban dispensaries. Officials pointed to a longstanding business license ordinance that bars licenses for activities that would not comply with city ordinances, or state, or federal law."

On Tuesday, the Sherwood city council voted to temporarily ban dispensaries. The ban is set to last 150 days.

Also on Tuesday, the Oregon Senate passed a bill that would bar localities from banning dispensaries. Senate Bill 1531 would let city and county governments regulate certain aspects of medical marijuana dispensaries such as hours of operation, location and the manner in which medical marijuana is dispensed, but not ban them. The legislature approved statewide dispensary regulation last year, which will go into effect March 3. The Association of Oregon Cities is grumbling and threatening to sue. Stay tuned.

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

Chronicle AM -- February 19, 2014

NORML endorses a US Senate candidate, pressure mounts for medical marijuana in New York, West Virginia wants to make Sudafed prescription only, and more. Let's get to it:

West Virginia cold sufferers watch out! They're coming for your Sudafed.
Marijuana Policy

Arizona Poll Has 51% for Legalization. A poll from Arizona's Behavior Research Center has support for marijuana legalization at 51%, with 41% opposed. In recent months, other polls have showed majorities both for and against legalization.

Maine US Senate Candidate Wins NORML PAC Endorsement. NORML PAC, NORML's political campaign arm, has endorsed Shenna Bellows in her campaign to represent Maine in the US Senate. "Shenna Bellows has been at the forefront of the fight for marijuana legalization even before beginning this campaign," stated NORML PAC Manager Erik Altieri, "During her tenure leading the Maine ACLU, Shenna has demonstrated she has the skill and determination to fight for sensible reforms and has proven to be a vocal and articulate leader in calling for the end of marijuana prohibition. We believe she will be invaluable in the United States Senate to help move the country away from our failed war on marijuana and towards a new, smarter approach." Bellows is seeking the Democratic Party nomination.

Medical Marijuana

Almost Nine Out of Ten New Yorkers Support Medical Marijuana, Poll Finds.A new Quinnipiac poll has support for medical marijuana at 88%, with only 9% opposed. The poll also had a 57% majority for marijuana legalization. Click on the link for more poll details.

Two New York GOP State Senators Announce Support for Medical Marijuana Bill. Two Republican state senators, George Maziarz (R-Newfane) and Mark Grisanti (R-IP-Buffalo), have announced their support for the pending medical marijuana bill, the Compassionate Care Act. They are the first Republicans to do so. The Compassionate Care Act has passed the Assembly four times, and Governor Cuomo's administration has said the governor would sign it, but the legislation has long been stuck in the Senate.

Oregon Bill to Block Cities and Counties from Banning Dispensaries Passes Senate. The Oregon Senate Tuesday passed Senate Bill 1531, which would let cities and counties regulate medical marijuana dispensaries, but not ban them. A number of cities have already passed ordinances banning dispensaries before a new state law allowing them goes into effect next month, and the Association of Oregon Cities is threatening to sue if the bill passes. It now goes to the House.

New Mexico Patient Survey Finds Program Not Providing Enough Medical Marijuana. A state Department of Health survey of patients enrolled in the state's medical marijuana program finds that only about 20% of patient demand is being met through legal channels. Licensed growers are producing about 2,250 pounds a year, but the survey put the annual demand from patients at more than 11,000 pounds. The Health Department is now "weighing its options about whether to increase production" and whether to increase the number of producers or the number of plants each can produce, a spokesman said.

Drug Testing

Indiana Food Stamp Drug Test Bill Now Targets Only Those With Misdemeanor Drug Convictions. A bill that would have required drug screening for all food stamp applicants and drug testing for those deemed likely to be using has been amended to now apply only to people who have misdemeanor drug convictions in the past 10 years. (People with drug felonies are ineligible for food stamps under a federal law that Indiana has not opted out of.) House Bill 1351 passed the Senate Health and Provider Services Committee after being amended. It has already passed the House.

Methamphetamine

Bill Making Sudafed Prescription-Only Passes West Virginia Senate. A bill that would make access to OTC cold medications containing pseudoephedrine available by prescription only passed the state Senate Tuesday. Senate Bill 6 now goes to the House. The measure is aimed at reducing the number of meth labs in the state, although it has had only temporary effects in the other two states where it has been adopted. Pseudoephredrine is a precursor chemical in meth manufacture.

International

Georgia to Ban Synthetic Cannabinoid Chemicals. Georgian Minister of Labor, Health and Social Affairs Davit Sergeenko said Wednesday a law on criminalizing the basic biochemical formulas used to create synthetic cannabis has been almost completed. "From now on, these substances will be considered as illegal and all the control mechanisms and limits that are set on other legal or illegal drugs will be valid for synthetic cannabis too," Sergeenko said.

Myanmar Extends Opium Crop Substitution Program in Northern Shan State. The Myanmar government, working in cooperation with the UN Office on Drugs and Crime, is extending its crop substitution program for poppy farmers in Northern Shan State. The idea is to increase farmers' food security in areas where eradication has taken place. Last year, Myanmar eradicated about one-fifth of the estimated poppy crop.

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

Medical Marijuana Update

Lots of action at the state house on medical marijuana this week, plus Arizona eases up on the rules and the Michigan Supreme Court hands down a bellwether decision in favor of patients. Let's get to it:

Arizona

On Monday, state officials proposed easing medical marijuana program rules, including a change that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

California

On Tuesday, Butte County supervisors adopted strict new cultivation rules. By a unanimous vote, supervisors approving measures that would limit grows to 50 square feet on lots up to five acres and 100 square feet on lots between five and 10 acres. Opponents of the new rules have already begun the process of petitioning to get them changes.

On Wednesday, Santa Monica will consider allowing delivery services. The planning commission is set to consider a new recommendation by staff to ban dispensaries and replace this with delivery services. The city has never allowed dispensaries, but supporters had hoped to see a proposal to allow one or two. Instead, they got this.

Florida

Last Thursday, a new poll had 57% support for the state's medical marijuana initiative. The Gravis Marketing poll had only 31% opposed. But when Gravis asked respondents to consider that marijuana remained illegal under federal law, opposition rose to 54%.

Also last Thursday, a CBD medical marijuana bill was filed. Rep. Matt Gaetz (R-Shalimar) filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia

On Monday, a CBD medical marijuana bill got a hearing in the House. After a three-hour committee hearing Monday, state Rep. Allen Peake (R-Macon), the sponsor of the bill, House Bill 885, said it needed significant revisions before it could advance in the House. The hearing included searing testimony from parents of children suffering seizures, but also from physicians who said the use of CBD cannabis oils needed more study. Another hearing is set for Thursday.

Kentucky

Last Wednesday, a CBD medical marijuana bill was filed. State Sen. Julie Denton filed Senate Bill 124, which would allow the limited use of CBD cannabis oil to treat children with seizures.

On Sunday, the Bluegrass poll had support for medical marijuana at 52%.

Maine

Last Thursday, a medical marijuana bill got a hearing. Legislative Document 1674 would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves.

On Tuesday, another medical marijuana bill got a hearing. Legislative Document 1597 would give government officials access to any medical marijuana grow. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad.

Massachusetts

On Tuesday, the Haverhill city council extended a moratorium on dispensaries amid concerns about "misrepresentations" by Healthy Pharms, Inc., which is seeking to open a facility there. The council extended the moratorium to November 18.

Michigan

Last Thursday, the state Supreme Court blocked localities from passing ordinances that violate the state's Medical Marihuana Act. The ruling in Ter Beek v. the City of Wyoming means that cities cannot bar patients from growing their own marijuana.

Nevada

Last Wednesday, the Las Vegas city council directed staff to research plans to allow dispensaries. The move came on a 5-2 vote. The council enacted a six-month dispensary ban last fall and can come back later and vote to allow dispensaries.

Oregon

Last Thursday, the Phoenix city council dropped a motion to pass an emergency dispensary moratorium. Council members said the proposal was "ridiculous" and unnecessary.

On Tuesday, a bill to allow cities to ban dispensaries was amended in the Senate Judiciary Committee. Senate Bill 1531 now only allows cities to regulate them, not ban them.

Washington

Last Friday, bills that would tighten rules on patients advanced in the Senate. Senate Bill 5887 and Senate Bill 6178 each passed 6-1 in the Senate Committee on Commerce and Labor. They would end collective gardens for patients as part of the state's embrace of marijuana legalization.

On Monday, a bill that would reduce the amount of marijuana patients could have advanced in the House. House Bill 2149 passed out of the House Appropriations Committee.

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

Chronicle AM -- February 6, 2014

A slight majority in Rhode Island say legalize it, CBD medical marijuana bills are popping up in several states, Uruguay's marijuana-legalizing president gets a Nobel Peace Prize nomination, and more. Let's get to it:

Uruguayan President Jose Mujica has been nominated for the Nobel Peace Prize (gob.uy)
Marijuana Policy

Oregon Bill to Study Legalization Advances. A bill that would direct the state Department of Justice to examine laws to see what changes would need to be made in the event of marijuana legalization passed the House Judiciary Committee Wednesday. That bill is House Bill 4099, which now moves to the Budget Committee. This is not the bill that would have the legislature put an initiative on the November ballot. That bill is Senate Bill 1556.

Slight Majority Supports Legalization in Rhode Island Poll. A Public Policy Polling survey commissioned by the Marijuana Policy Project has support for legalization at 53%. The poll also found that 38% thought marijuana was safer than alcohol, compared to 21% vice versa. Another 21% thought the two were equally dangerous, while 20% said they didn't know. Click on the title link for the poll results.

Medical Marijuana

Alabama CBD Bill Wins Committee Approval. The Senate Judiciary Committee Wednesday approved a bill that would allow for the use of cannabidiol (CBD) for certain medical conditions, including seizures, severe or chronic pain, or "any other condition that is severe and resistant to conventional medicine." The bill is Senate Bill 174, which now goes to the full Senate.

CBD Bill Filed in Kentucky. State Sen. Julie Denton (R-Louisville) and eight cosponsors Wednesday filed Senate Bill 124, which would allow the use of CBD cannabis oils for children with epilepsy.

Public Hearing Next Tuesday on Oregon Local Control Dispensary Bill. There will be a public hearing in the Senate Judiciary Committee next Tuesday on Senate Bill 1531, which would allow local government to regulate or ban dispensaries. The bill is supported by associations of state city and county governments, but opposed by medical marijuana supporters. The legislature voted last year to approve a system of statewide dispensary regulations, which will begin to take effect March 1.

Americans for Safe Access Seeks Petition Signatures to Boost Effort on Organ Transplants for California Medical Marijuana Patients. Americans for Safe Access is seeking to show support for possible legislation protecting California medical marijuana patients who may need organ transplants. Hospitals and doctors have been reluctant to okay transplants for medical marijuana patients, whom they deem drug abusers. Click on the title link to get to the petition.

Rhode Island Attorney General Chides Dispensary on Advertising. In a Wednesday press release, Rhode Island Attorney General Peter Kilmartin chided the Thomas C. Slater Compassion Center for recent email advertising campaigns offering discounts and special holiday packages. "Can you imagine the public outcry if the local pharmacy started offering [half] off Oxycontin or medicinal drugs?'' Kilmartin said. "Compassion centers should be held to the same standard and should be prohibited from offering discounts or sales on medicinal marijuana.'' The dispensary said it would stop advertising its products.

International

Uruguay's Marijuana-Legalizing President Mujica Nominated for Nobel Peace Prize. Uruguayan President Jose "Pepe" Mujica has been nominated for the Nobel Peace Prize. He was nominated by members of his own Frente Amplio political party, as well as a Dutch NGO, the Drugs Peace Institute. His supporters cited his pioneering policy of legalizing and regulating marijuana commerce.

Peru Says Still Committed to Eradicating 75,000 Acres of Coca in the VRAEM. Carmen Masias, head of the Peruvian anti-drug agency DEVIDA, said Tuesday the Peruvian government remains committed to eradicating 75,000 acres of coca crops in the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM). The area accounts for more than half of all Peruvian coca production. [Ed: Historically coca eradication has merely shifted growing from one area to another -- causing deforestation in the process. A recent report highlighted the impact drug trafficking (not growing, but a similar idea) has on forests, and the author suggested reforming drug policies.]

Australia's Victoria Plans Construction Site Drug Testing; Union Strongly Objects. Victoria Premier Dennis Napthine said Thursday he would require construction companies to implement strict alcohol and drug testing policies to qualify for government contracts. The main construction union, the Victorian Construction, Forestry, Mining, and Energy Union (CSMEU) condemned the move as a "slur" on construction workers, saying there was no evidence that people in the industry had any more drug problems than anybody else.

Iranian Meth Offender Survives Execution, Gets Sentence Reduced to Life. An Iranian man who was revived in the morgue after being hung for possessing a kilo of meth has been granted a reprieve by the Iranian amnesty commission. The man, identified only as Alireza M., 37, instead will now be sentenced only to life in prison. The man's revival after execution raised thorny questions for Iranian jurists and clerics about whether he should be re-executed or not.

Medical Marijuana Update

Project CBD takes on the skeptics on cannabidiol, medical marijuana bills move in Guam, but not in Michigan, and California counties continue to slug it out over dispensaries and grows. Let's get to it:

National

On Monday, Project CBD struck back against criticism from Project SAM. Project CBD's Martin Lee penned a lengthy rebuttal of charges made in a recent Project SAM "fact sheet" seeking to justify continuing marijuana prohibition by misinforming the public about cannabidiol and THC. It's worth reading in its entirety.

California

On Tuesday, Lake County supervisors voted to put their cultivation ordinance to the voters. The grow ordinance, passed in December, bans outdoor cultivation in community growth boundaries; limits plant numbers on parcels larger than one acre outside of community growth boundaries to six mature or 12 immature plants; prevents grows on vacant parcels; limits indoor grows to 100 square feet or less; keeps outdoor cultivation 1,000 feet from schools, parks or other facilities serving children, and 100 feet from water bodies; offers quicker abatement; and makes the Lake County Sheriff's Office responsible for enforcement. But last month, the Community Alliance to Ban Illegal Cannabis Cultivation submitted substantially more than enough signatures to force a vote. This will be the third referendum the county has faced on medical marijuana rules.

Also on Tuesday, Fresno County supervisors voted to close a loophole in their county-wide cultivation ban. The most recent ban ordinance had neglected to cover cultivation in areas zoned for manufacturing, but the board eliminated that oversight Tuesday. Medical marijuana advocates say they're not giving up their fight. They already are gathering signatures for a referendum to overturn the bans. Fresno Cannabis has a petition on its website and needs 20,130 signatures by Thursday to halt the ban until county supervisors reverse their vote or a countywide election is held.

Last Thursday and Friday, San Bernardino County police raided dispensaries in Needles as part of a bistate enforcement operation with Arizona authorities. They seized 445 pounds of medical marijuana. The cops said people were using fake California patient IDs to purchase marijuana when they weren't California residents, and that some dispensary operators actually resided in Arizona.

Also on Tuesday, Tuolumne County supervisors scrapped an ordinance that would have banned dispensaries and outdoor grows. The unanimous decision came after the planning commission voted 6-1 to table its plan after dozens of citizens showed up to speak against the ordinance -- and none spoke for it.

Delaware

On Tuesday, state officials finalized regulations for a single dispensary. The Marijuana Policy Project has complained that it is limited to growing 150 plants, "too few to meet patients' needs," the group says. But the governor and the Department of Health and Human Services are refusing to remove the cap.

Guam

Last Saturday, the Guam Senate voted to put medical marijuana before the voters. The bill must still be signed (or at least not vetoed) by the governor before it heads to the ballot. Bill sponsor Sen. Tina Muna Barnes amended an earlier version of the measure to allow for a popular vote after hearing demands for it during debate in recent weeks.

Michigan

Last Friday, a key legislator said he was blocking medical marijuana bills. One bill would allow for dispensaries, while the other would allow for edibles. But Senate Majority Leader Randy Richardville (R-Monroe) said he would block any movement. "I'm going to sit on them for awhile," he said. "We don't want this ballot initiative to take over. I believe a vast majority of people who voted for it believed we were talking about prescription type of marijuana. Unless it's a real strict distribution system, we're not going to take a chance. At this point, I'm not in favor of dispensaries."

New Mexico

Last Friday, a Santa Fe man filed suit against the Department of Health claiming it has refused to issue him a cultivation license. Mark Springer, owner of Medical Marijuana, Inc., is seeking to force the department to reopen the application period for eligible marijuana growers and permit them to grow more of the plant.

Utah

On Monday, a bill that would allow the use of CBD cannabis oil for epileptic kids was filed at the state house in Salt Lake City. Introduced by Rep. Gage Froerer (R-Ogden), House Bill 100 amends Utah law to allow people to possess the hemp oil extract and give it to minors without being charged with violating the state's controlled substances laws. The bill also requires the Utah Department of Health to issue parents a 'hemp extract registration card' to bring the cannabis oil across state lines into Utah.

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

Chronicle AM -- February 5, 2014

Alaska will vote on marijuana legalization this summer, the DC council gives preliminary approval to a decriminalization bill, the farm bill with the hemp amendment intact passes Congress, advocates urge India's parliament to act on access to pain medications, and more. Let's get to it:

Marijuana Policy

Patients in India need access to opioid pain medications, too. (cansupport.org)
Alaska Legalization Initiative Qualifies for Ballot. State election officials said Tuesday that a marijuana legalization initiative has enough signatures to qualify for the August ballot. The measure isn't officially certified yet, but it's all but a done deal.

DC Council Gives Preliminary Approval to Decriminalization. The District of Columbia city council Tuesday approved a marijuana decriminalization bill, Council Bill 20-409, but only after first accepting amendments that would criminalize the public use of marijuana and allow police to search vehicles if they encounter the odor of marijuana. A second and final vote will most probably happen next month, and efforts are underway to strip out the bad amendments. Meanwhile, a legalization bill and a legalization initiative are pending.

Deputy Drug Czar Forced to Admit Marijuana Safer Than Alcohol. Deputy ONDCP head Michael Botticelli had a rough hearing Tuesday at the House Government Oversight Committee. Rep. Gerry Connolly (D-VA) got him to admit that marijuana is safer than alcohol, but it was a painful process. Click on the link for the dialog.

Medical Marijuana

Delaware Finalizes Regulations for a Single Medical Marijuana Compassion Center. The Marijuana Policy Project complains that its limit of 150 plants will be too few to meet patients' needs, but says its efforts to get the cap lifted have been blocked. Maybe the regs can be changed later, the group said.

Project CBD Responds to Attacks from Project SAM. Project CBD's Martin Lee has penned a lengthy rebuttal of a recent Project SAM (Smart Approaches to Marijuana) "fact sheet" that seeks to justify continued marijuana prohibition "by misinforming the public about cannabidiol and THC." Check it out at the title link.

Hemp

Farm Bill With Hemp Amendment Passes Congress. The Senate Tuesday passed the omnibus farm bill with the hemp amendment intact. The amendment will allow universities and agriculture departments that have approved hemp production to undertake research. The president is expected to sign the bill any day now.

Drug Testing

Farm Bill Passes Congress Without Drug Testing Amendment. The same Farm Bill package that passed the Senate did not include language passed in a version of the bill last summer that would have encouraged states to drug test recipients of Supplemental Nutritional Assistance, also known as food stamps.

South Dakota Public Benefits Drug Testing Bill Dies. A bill that would have required drug screening and testing for public benefits recipients died Tuesday in the Senate Health and Human Services Committee on a 5-2 vote. The bill had been fiercely opposed by the administration of Republican Gov. Dennis Daugard.

Law Enforcement

Silk Road Mastermind Indicted By Feds. Ross Ulbricht, the suspected mastermind behind the dark web's Silk Road web site, has been indicted by federal prosecutors for allegedly trafficking drugs through the site. The indictment supersedes the original complaint from October 2013. Meanwhile, another version of Silk Road is back online, and so are competitors.

Prescription Drugs

Florida Prescription Drug Database Overhaul With Privacy Protections Passes Senate Committee. A bill that amends the state's Prescription Drug Monitoring Program to require investigators to get court orders to access the database passed the Senate Health Policy Committee Tuesday. The move came over the objection of law enforcement, which said it would hamper its ability to curb the abuse of controlled substances. The bill is Senate Bill 7106.

Students

South Dakota Bill to Reduce Collateral Student Drug Punishments Advances. The Senate Education Committee Tuesday approved a bill that would reduce the collateral penalties for high school students convicted of drug offenses. Under current state law, students convicted of drug offenses are suspended from school activities for a year, but can get that reduced to 60 days if they attend treatment or counseling. The bill approved by the committee would reduce that to 30 days if the student undergoes treatment.

International

British PM Rejects Junior Partner's Call to End "Unwinnable" Drug War. British Prime Minister David Cameron flatly rejected Deputy PM Nick Clegg's call to end the war on drugs and explore alternative approaches. Clegg made his comments in over the weekend on a trip to Colombia, but Cameron was having none of it, according to a spokesman: "No. The PM's views are well-known and unchanged," when asked if Cameron agreed. "He thinks that we have the right approach. The government has a good record in this area, with drug usage at the lowest level since records began." [Ed: Actually, the prime minister's views are changed, or at least the public version of them. Prior to becoming prime minister, Cameron favored legalization.]

Indian Doctors, Advocates Call for Parliament to Quit Dithering, Pass Opioid Medication Law. Indian doctors and pain patient advocates are calling on parliament to pass an amendment to the Narcotic Drugs and Psychotropic Substances Bill that would increase the availability of opioid pain medications. They say millions of Indians are suffering from untreated pain because of lack of access to such substances. Among the groups calling for action on the bill are Pallium India, the Indian Association of Palliative Care, and CanSupport, which provides home care and palliative care for patients with cancer.

Chronicle AM -- February 4, 2014

Legalization proves profitable for Colorado's coffers, decrim moves closer in DC, more drug test bills get filed, Vermont attempts to do something about its opioid problem, a crime lab scandal brews in Florida, and more. Let's get to it:

meth house (assumptionsheriff.com)
Marijuana Policy

DC City Council Approves Decriminalization Bill. The District of Columbia city council today gave initial approval to the "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409), which would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. The bill still faces another council vote, needs the approval of the mayor, then needs Congress to let it happen.

Colorado Takes in $1.2 Million in Marijuana Taxes in First Month. According to an NBC News survey of Colorado retail marijuana shops, pot sales in the month since they were legal have contributed at least $1.24 million in tax revenues to state coffers. But wait -- there's more: The survey only counted tax receipts from half of the shops that opened New Year's Day, meaning the month's total is probably in the $2.4 million to $3 million range.

Arizona Democrat Files Marijuana Legalization Bill. State Rep. Ruben Gallegos (D) and 12 other Democrats have filed a bill to "regulate and tax marijuana in a manner similar to alcohol." The measure, House Bill 2558, allows for the possession of up to an ounce and a small number of plants as well. Another bill, House Bill 2474, would decriminalize the possession of up to an ounce.

Medical Marijuana

CBD Oil Medical Marijuana Bill for Epileptic Kids Filed in Utah. A bill that would allow for the importation into the state of marijuana extracts containing cannabidiol for use by epileptic children has been filed in Salt Lake City. Rep. Gage Froerer (R-Huntsville) introduced House Bill 100 yesterday.

Hemp

Indiana Senate Passes Hemp Bill. A bill that would allow the production of industrial hemp in the Hoosier State was approved unanimously by the Indiana Senate Monday. Senate Bill 357 would require a waiver from federal law before hemp could be grown there. The bill now heads to the House.

Drug Testing

Georgia Food Stamp Drug Test Bill Filed. State Rep. Greg Morris (R-Vidalia) has filed a bill to require mandatory, suspicionless drug testing for food stamp recipients. The bill is House Bill 772. Similar legislation ordering mandatory, suspicionless drug testing for welfare recipients was signed into law in 2012, but never implemented after a federal judge struck down a similar Florida law.

Northern Marianas Bills Would Require Drug Tests for Candidates, Elected Officials. Bills that would require that candidates for political office and elected officials submit to mandatory drug testing have passed the House Committee on Judiciary and Government Operations. House Bill 18-21 requires testing for candidates, and House Bill 18-152 requires testing for elected officials. The US Supreme Court has found a similar Georgia law unconstitutional.

Drug Treatment

Vermont Rolls Out Early Intervention Program for Criminal Drug Users. Gov. Peter Shumlin (D) and other state officials Monday announced a new program to divert crime-committing drug users into a pre-court, 90-day drug treatment program. If they successfully complete the program, they will not be prosecuted. Only those with nonviolent offenses will be eligible. "Instead of treating this as a crime, let's treat it as the disease that it is and offer addicts the opportunity to get into treatment, get the support they need and if they succeed, never to have to go through the criminal process," Shumlin said Monday at the Rutland County Courthouse.

Law Enforcement

Crime Lab Scandal Has Florida Police Reviewing Thousands of Drug Cases. Hundreds of drug convictions may be jeopardized and thousands of drug cases are under review in Florida after a single chemist at a state-run crime lab was accused of tampering with evidence. The chemist, who works at the Pensacola Regional Crime Lab, is suspected of removing "large" quantities of prescription pills from evidence packages and replacing them with over-the-counter medications, the Florida Department of Law Enforcement announced Saturday. That chemist handled at least 2,600 drug cases.

Methamphetamine

Indiana House Passes Meth Property Disclosure Bill. A bill that would require Indiana property owners to disclose to potential new buyers whether the property had previously been used to manufacture methamphetamine passed the House Monday. The bill, House Bill 1141, would require that such properties be listed on a state web site until at least 90 days after it has been certified as decontaminated. The measure now goes to the Senate.

International

Scholar Francisco Thoumi Offers Comprehensive Analysis of FARC Illicit Drug Cultivation Proposals. Colombian scholar Francisco Thoumi, a long-renowned expert on drug production and trafficking there, has authored a lengthy analysis of the FARC's proposals in peace negotiations with the Colombian government in the area of illicit crop cultivation. The article is Las FARC y el campesinado cultivador de plantas ilícitas: dilemas, ideología y decisiones (The FARC and the Drug-Growing Peasantry: Dilemmas, Ideology, and Decisions). It is in Spanish, but can be translated.

In Colombia, British Liberal Democrat Leader Says UK Should Abandon Current Drug Policies. During a visit to Colombia, British Lib Dem leader Nick Clegg said Britain should abandon its current drug policies because they're not working. He said new approaches were needed, but declined to back full legalization. He said the Lib Dems would offer their own alternative proposals shortly.

Chronicle AM -- February 3, 2014

Short-sighted Tories slam a Welsh harm reduction drug testing program, DC could decriminalize marijuana possession tomorrow, Oregon's governor thinks the legislature should legalize it, South Dakota legislators get busy with bad bills, and a South Dakota Indian reservation is thinking about legalization, and more. Let's get to it:

Marijuana Policy

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

Oregon Governor Wants Legislature to Act on Legalization. Faced with the seeming inevitability of marijuana legalization in his state, Oregon Gov. John Kitzhaber (D) said last Friday the legislature should take it up. "I hear the drumbeats from Washington and Colorado," he said. "I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that." A bill to do that, Senate Bill 1556, is currently before the legislature. If the legislature doesn't act, a ballot initiative that could legalize marijuana in the state is waiting in the wings.

South Dakota's Pine Ridge Indian Reservation Considers Legalization. The Oglala Sioux Tribal Council on southwestern South Dakota's Pine Ridge Reservation has taken preliminary steps toward a public vote on marijuana legalization. Last week, the tribe's business development community approved the measure, and Tribal Chairman James Cross supports it. The full tribal council could approve a vote within the next month.

California Legalization Initiative Cleared for Signature-Gathering. The Marijuana Control, Legalization and Revenue Act (MCLR) initiative was approved last Friday for signature gathering to begin. Organizers now have until May to qualify for the November 2014 ballot. They need 504,000 valid voter signatures to do so. Three other legalization initiatives have also been submitted, but at this point, it appears unlikely that any of the initiatives will qualify for the ballot.

Two-Thirds of Hawaiians Ready to Legalize It, Poll Finds. Support for marijuana legalization in the Aloha State has jumped nine points since 2012 and now stands at 66%, according to a new QMark Research Poll. The survey also found 77% opposed jail time for pot possession and 85% supported allowing medical marijuana dispensaries.

New Jersey Poll: Only 41% Support Legalization. A new Fairleigh Dickinson University PublicMind Poll has support for legalizing small quantities of marijuana or personal use at 41%, although it is trending upward. "These numbers point to the possibility that fertile ground exists in the state for those looking to expand legalization beyond medicinal use," poll director Krista Jenkins said. "Policymakers will likely be watching for changes in public opinion as the percentage difference between those in favor and opposed gets closer to the 50/50 mark. Right now, however, a majority of the public remains opposed."

Medical Marijuana

Portland, Oregon, Medical Marijuana Business Symposium Draws Hundreds. Hundreds of people showed up in Portland Saturday at a marijuana business symposium to give and get advice on how to operate dispensaries and related businesses in the state. Beginning in March, the state of Oregon will start accepting applications for the businesses, making it a taxed and regulated industry.

Guam Senate Passes Bill to Put Medical Marijuana on the Ballot. The Guam Senate Saturday approved Bill 215, which would put the question of legalizing medical marijuana directly to the voters. The governor could still veto it, but unless he takes affirmative action to do so it will go into effect. Sponsor Sen. Tina Muna Barnes (D-Mangilao) amended the bill to allow for a popular referendum after running into opposition in the legislature.

New Mexico Medical Marijuana Grower Sues over Stalled Permit. A Santa Fe man has sued the state Department of Health over what he describes as a severe medical marijuana shortage. Mark Springer of Medical Marijuana, Inc. accuses the department of failing to act on his application and asks that it reopen the application period for growers and ease limits on how much they can grow.

Michigan Medical Marijuana Bills Stalled. Two bills that would make it easier for patients to acquire medical marijuana, including allowing dispensaries and the use of edibles, passed the House late last year, but now appear stalled by a hostile Senate committee chair. They are stuck in the Senate Government Operations Committee, chaired by Senate Majority Leader Randy Richardville (R-Monroe), who is not a big fan. "I'm going to sit on them for awhile," he said. The two bills are House Bill 5104 (edibles) and House Bill 4271 (dispensaries).

Methamphetamine

South Dakota Meth Precursor Registry Bill Passes Senate. A bill that would make South Dakota the 30th state to join the National Precursor Log Exchange (NPLEx) to track pseudoephedrine sales passed the Senate last week. Senate Bill 24 now heads to the House for consideration.

Drug Testing

South Dakota Public Benefits Drug Testing Bill Filed. A bill that would direct the state Department of Social Services to screen and drug test public benefits applicants for drug use has been filed in the South Dakota Senate. State Sen. Mark Kirkeby (R-Rapid City) tried and failed with similar bills in 2011 and 2012, but he's back this year with Senate Bill 123.

International

French Legislator Has Bill to Legalize Marijuana. A Green Party legislator said Saturday she had written a bill to legalize marijuana in France. Sen. Esther Benbassa, who represents a district on the outskirts of Paris, said France suffered from "a paradox," with some of the toughest marijuana laws in Europe, but also rising use levels.

Welsh Tories Attack Government for Funding Harm Reduction Drug Testing. Public Health Wales is operating a web site, Wedinos, where individuals can have drug samples tested for content and purity, and that has Welsh Tories crying foul. "This website suggests that Labour in Wales has given up the fight against drugs," complained Shadow Health Minister Jim Millar. "This free service is not just testing recreational highs, but illegal and dangerous drugs including heroin, cocaine and crack and gives advice on snorting and injecting substances." A government spokesman responded that it totally rejects those charges. "We are taking action to help individuals and society deal with the problems of substance misuse," he said. "Wedinos can provide essential intelligence and can help save lives. "It contributes to the wider UK and European Early Warning Systems in place to identify and monitor changing trends in drug use."

United Arab Emirates Toughens Drug Trafficking Laws. The United Arab Emirates (UAE) is vowing to seize assets from drug dealers and traffickers, but at the same time, it is working to enhance drug treatment services as part of "a containment policy for drug addicts, guiding them towards annihilating their addiction through innovative services."

Chronicle AM -- January 31, 2014

The president makes some delphic comments on marijuana policy, some of his congressional critics get ready to go after him for such comments next week, Dutch cities want legal marijuana growing, the Welsh government funds a harm reduction drug testing program, and more. Let's get to it:

Marijuana Policy

Don't know what's in your drugs? The Welsh government wants to help.
In CNN Interview, Obama Punts on Rescheduling, Hints Support for Decriminalization. In an interview with CNN released today, President Obama said rescheduling marijuana was a job for Congress [Editor's Note: The executive branch can also reschedule it, according to statute] and that he considered the criminalization of personal use his main concern, although he also worried about the impact of commercialization.

House Government Oversight Committee to Hold Hearing on Marijuana Policy Next Week. Rep. John Mica (R-FL), chairman of the committee, said he will hold a hearing next Tuesday to examine what he called the Obama administration's "schizophrenic" position on marijuana laws. "The purpose of the hearing is to try to sort out the increasingly schizophrenic federal policy we have, because the DEA administrator was overhead denouncing what the president said," Mica said Friday. "We have states that are enacting laws -- municipalities that are considering it -- that are in conflict with federal law." There could be more hearings to come after that, he added.

Baltimore Police Commissioner No Fan of Legalization. Baltimore Police Commissioner Anthony Batts in a radio interview on Thursday evening expressed doubt that marijuana should be legalized. "We already have a city with a high addiction -- what would that do to the city of Baltimore?" Batts said. He also linked marijuana to homicides in the city, although the killings he described were a function of black market drug sales. "When you're calling your weed dealer or drug dealer, and you show up with money and you get robbed and it turns into a shooting, that's what we're seeing."

Medical Marijuana

Massachusetts Names Recipients of Medical Marijuana Dispensary Licenses. The Department of Public Health Friday announced the names of the first 20 dispensary applicants who will be awarded licenses to to open dispensaries. An additional 15 will be forthcoming.

Drug Testing

Judge Reinstates Delaware Valley (PA) School District Drug Testing Program. A Pike County district judge has lifted a temporary injunction barring random, suspicionless drug testing for students who drive to school or participate in extracurricular activities. The parents of a 12-year-old female student who faced drug testing if she wanted to join the scrapbooking club and the ACLU had challenged the program in 2011 and won the injunction, but Judge Joseph Kameen ruled earlier this month that the policy was constitutional under state law. It is unclear if the ACLU of Pennsylvania is done with this case.

Harm Reduction

Opioid Overdose Prevention Bill Introduced in New York. State Sens. Kemp Hannon (R-Nassau) and Jeffrey Dinowitz (D-Bronx) this week filed a bill, Senate Bill 6744/Assembly Bill 8637, that would help prevent accidental opioid overdoses by expanding access to the opioid antidote naloxone. The legislation would dramatically increase the accessibility of the life-saving reversal tool by allowing authorized health care professionals to issue standing orders, or non-patient specific prescriptions, to certified training programs that would in turn train individuals on the signs of overdose and provide them with the naloxone kits. By expanding naloxone distribution, this legislation will help reduce the number of preventable deaths resulting from accidental drug overdoses.

International

Welsh Government Funds Program to Test Drugs for Public. Public Health Wales has set up the Wedinos Project (Welsh Emerging Drugs and Identification of Novel Substances Project) to identify what drugs are in circulation there and use that information for harm reduction purposes. Samples are sent to the Wedinos laboratory in Cardiff anonymously and the test results posted online, identified by a reference number. The service is open to the public. "It's essential intelligence for our health workers, for our substance misuse workers, for the police, for young people and their families. By providing timely and accurate information this service can save lives," explained Welsh Health Minister Mark Drakeford. This is the first government-funded program of its type in the United Kingdom.

Dutch Cities Call for Legal Marijuana Cultivation; Government Says No. Eight of the Netherlands' 10 largest cities, including Amsterdam and Rotterdam, signed a joint manifesto Friday calling for the creation of "a national system of certified and regulated cannabis cultivation." Another 25 municipal councils also signed on. While the Netherlands allows for the sale of marijuana through its famous cannabis coffee shops, growing marijuana remains illegal. "We want cannabis cultivation to be regulated so the national market is manageable and more transparent, and to decrease the influence of organized crime," said the manifesto. Justice Minister Ivo Opstelten rejected the proposals: "I really don't think this is the solution," the Liberal minister told Dutch public television. "Mayors just have to learn to live with it," he said.

Marijuana Growing Courses Underway in Uruguay. Uruguay's National Cannabis Federation has launched special training courses on cultivation of the popular plant, local media reported. Some 50 would-be growers are currently enrolled.

Drug War Issues

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