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Chronicle AM -- March 6, 2014

Oregon's medical marijuana dispensary regulation bill has gone back to the Senate with compromise language allowing only temporary local bans, a GOP US Senate candidate there says legalize it, Chuck Schumer fights heroin, Canada's Tories look to be going soft on pot law enforcement, and more. Let's get to it:

Canadian Justice Minister Peter Mackay hints that something much like marijuana decriminalization is coming. (petermackay.ca)
Marijuana Policy

Alaska Legalization Debate Draws Hundreds. A week after the Alaska marijuana legalization initiative was officially certified for the ballot, hundreds of people streamed into the Wendy Williamson Auditorium at the University of Alaska in Anchorage for a debate on marijuana policy. In an opening speech, Ethan Nadelmann of the Drug Policy Alliance called the war on drugs "a rat hole of waste" and that marijuana prohibition was "grounded in bigotry, prejudice, and ignorance." Then a panel of five people, including Nadelmann, as well as an anti-legalization Project Sam representative, went at it. Click on the title link for more.

Another Missouri Legalization Initiative Approved for Signature-Gathering. Missouri Secretary of State Jason Kander approved a marijuana legalization initiative for signature gathering Wednesday. This is not one of the initiatives filed by Show-Me Cannabis, which had a bakers' dozen of similarly-worded initiatives approved earlier this year, but has decided to wait until 2016 for its effort. The initiative has a May 4 deadline for handing in petitions, and must obtain signatures from registered voters equal to 8% of the total votes cast in the 2012 governor's election from six of the state's eight congressional districts.

Maryland Sheriffs Rally Against Legalization. Local sheriffs attended a rally in Annapolis to voice opposition to proposed legislation to decriminalize marijuana in Maryland Wednesday. Sheriffs from the Eastern Shore and local police chiefs attended a rally sponsored by the Maryland Sheriff's Association and its supporters. The sheriffs are taking a stand against legalizing marijuana in Maryland, as lawmakers ponder a legalization bill.

Oregon GOP US Senate Candidate Endorses Legalization. Portland attorney Tim Crawley, who is seeking the Republican US Senate nomination, favors marijuana legalization. In a press release this week, he said he had "long been concerned with the tremendous waste of money and human potential the criminalization of marijuana has involved." In a subsequent interview, Crawley said he would support a legalization initiative in Oregon and if elected to the Senate, he would support removing marijuana from the controlled substances list.

Medical Marijuana

Oregon House Passes Dispensary Regulation Bill With Only Temporary Local Bans. The statewide dispensary legalization and regulation bill, Senate Bill 1531, passed out of the House on Wednesday with a provision allowing localities to ban dispensaries, but only for a year while they develop regulations for them. The Senate has already passed a version without the temporary ban language, but is expected to accept this compromise language.

Florida CBD Medical Marijuana Bill Advances with House Committee Vote. A bill that would allow the use of high-CBD cannabis oil to treat seizure disorders passed the House Criminal Justice Subcommittee Wednesday. House Bill 843 now heads for the House Judiciary Committee.

South Carolina Medical Marijuana Bill Introduced. A bill to allow patients with specified diseases and conditions to use medical marijuana with a doctor's recommendation to use and grow their own medicine or purchase it at dispensaries has been introduced. House Bill 4879, filed by Minority Leader Rep. J. Todd Rutherford (D-Columbia, has been referred to the House Judiciary Committee.

Heroin

Schumer Wants New York Heroin Database. US Sen. Charles Schumer (D-NY) called Wednesday for a standardized heroin database to fight crime and addiction related to the drug's use. "Data and information sharing drives solutions, and we're seriously lacking in that department," said Schumer. "All we know for sure is heroin is ravaging families across New York state." He called on the Office of National Drug Control Policy (ONDCP) to help set up a statewide "Drugstat" database to track heroin use patterns, hospitalizations, and overdoses, which he said could help police combat the drug.

Law Enforcement

California Informants Sue San Luis Obispo Over Rogue Narc. A civil lawsuit recently filed in federal court against the city and county of San Luis Obispo by two former confidential informants of disgraced narcotics detective Cory Pierce charges that Pierce allegedly forced the female informant to have sex with him. Pierce is currently serving a prison term for corruption. According to prosecutors in his federal trial, both informants aided Pierce in acquiring cash, oxycodone and heroin, and now allege that they were forced into indentured servitude, including being kept addicted to drugs and engaging in dangerous and illegal activities. According to prosecutors, Pierce used the informants to set up drug buys with local dealers, then later robbed them. The federal lawsuit alleges that Pierce used his position as a detective to force the woman into engaging in sex with him, including an act of oral copulation, and on another occasion, forced sexual intercourse. Click on the link for more sleazy details.

International

Canada's Tories Hint at Move Toward Ticketing Marijuana Possession Offenders. Conservative Justice Minister Peter Mackay said Wednesday that the government is seriously considering looser marijuana laws that would allow police to ticket anyone caught with small amounts of pot instead of laying charges, Justice Minister Peter MacKay said Wednesday. "We're not talking about decriminalization or legalization," MacKay said prior to the weekly Conservative caucus meeting on Parliament Hill. "The Criminal Code would still be available to police, but we would look at options that would... allow police to ticket those types of offenses." Liberal Party leader Justin Trudeau has called for legalization.

Vancouver Police Say They Won't Bother with Busting Dispensaries. All but a handful of medical marijuana dispensaries are supposed to be illegal after Canada's new medical marijuana law comes into effect April 1, but Vancouver police said Wednesday they are not going to bother them unless there are signs they are selling to people without a medical marijuana permit. "I don't think for now there is any plan to change the current drug policy that is in place to fit specifically with these changes," said Constable Brian Montague. "We don't have plans for massive raids on April 2nd."

(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.)

Chronicle AM -- February 13, 2014

A bill has been filed to stop forcing the drug czar to oppose drug legalization, CBD medical marijuana bills continue to get attention, and there are big doings south of the border, and more. Let's get to it:

Russell Brand helped push British petition over the top. (flickr.com/photos/evarinaldiphotography/)
Drug Legalization

Congressman Steven Cohen Files Bill to Let Drug Czar Deal Honestly with Drug Legalization. The Office of National Drug Control Policy (ONDCP, the drug czar's office) is required by law to oppose legalization of any Schedule I substance and prohibited from studying it. Now, Rep. Steven Cohen (D-TN) has filed a bill, the Unmuzzle the Drug Czar Act (H.R. 4046), that would strip that language from the drug czar's enabling legislation, the ONDCP Reauthorization Act of 1998.

Marijuana Policy

High Times, Westword Sue Colorado Over Marijuana Advertising Restrictions. Marijuana magazine High Times and Denver alternative weekly Westword filed a lawsuit in federal court Monday challenging Colorado's restrictions on advertising for legal marijuana. The state's rules allow pot businesses to advertise only in adult-oriented publications for which "no more than 30% of the publication's readership is reasonably expected to be under 21." The lawsuit argues that the restrictions are an unconstitutional contravention of free speech.

Rhode Island Legalization Bill Coming. House Judiciary Committee Chair Edith Ajello and Senate Health and Human Services Committee Chair Josh Miller announced Wednesday they will file a bill to legalize marijuana for adults and set up a system of taxation and regulation for marijuana commerce. The effort is backed by Regulate Rhode Island and the Marijuana Policy Project.

Hawaii Decriminalization, Medical Marijuana Bills Get Hearing Today. Three Senate committees are holding a joint hearing today on two decriminalization bills, Senate Bill 2358 and Senate Bill 2733, and one bill, Senate Bill 2402, a bill that would take away protections for patients who possess and use marijuana concentrates.

Medical Marijuana

Medical Marijuana Rally Set for Friday in Topeka. Supporters of a long-stalled medical marijuana bill, Senate Bill 9, will rally at the Kansas State Capitol Rotunda Friday morning and lobby legislators after that. The effort is organized by Kansas for Change. Click on the title link for more details.

Hundreds Pack Oklahoma Capitol for CBD Medical Marijuana Hearing. Demonstrators called for marijuana legalization outside as hundreds of people jammed into the state capitol for a hearing on CBD medical marijuana. Dramatic and moving testimony was heard from family members of children suffering seizure disorders who might be helped by access to CBD cannabis oils.

Wisconsin Lawmakers Hold Hearing on CBD Medical Marijuana. Wisconsin legislators Wednesday heard from families of children with seizure disorders, who pleaded with them to pass a pending CBD medical marijuana bill.

Harm Reduction

Cincinnati Gets Its First Needle Exchange Program. The first needle exchange program in the Southwest Ohio/Northern Kentucky region is open for business. The Cincinnati Exchange Program becomes the third in Ohio, with others already operating in Cleveland and Portsmouth. The needle exchanges have been proven to reduce the spread of HIV, Hep C, and other blood-borne infectious diseases.

Prescription Drugs

Prescription Drug Database Bill Wins Missouri House Vote. A bill that would establish a prescription drug database has won a vote in the House, but senators, citing privacy concerns, said there is little chance of it moving forward in their chamber. The bill would create an electronic database managed by the state health department that would share information about prescriptions, patients, and doctors. The bill is House Bill 1133.

International

Mexico City Decriminalization, Regulation Bill and Mexican National Drug Reform Bill Introduced Today. In Mexico City, legislators for the federal district introduced a bill to decriminalize the possession of up to five grams of marijuana and remove the option of incarceration for possession of small amounts of other drugs. The bill would also allow for limited regulated marijuana sales. The second, national, bill would reschedule marijuana and allow for its medical use. Look for a Chronicle feature article on this soon.

Dark Web Drug Sales Site Busted. German and Dutch authorities have arrested five men in a sting directed at an internet drug sales portal. The men were connected to Black Market Reloaded and its successor web site, Utopia. Undercover police purchased drugs and weapons through the web sites, they said, and seized computers, hard drives, USB sticks, and a Bitcoin wallet containing $680,000 worth of the electronic currency.

More Than 100,000 Sign British Petition for Review of Drug Laws. Green Party MP Caroline Lucas set up an online petition urging the British government to order a cost-benefit analysis and impact assessment of British drug laws within the next year. It has now achieved the benchmark of 100,000 signatures, which means it must be addressed by the Backbench Business Committee. Sign-ons accelerated after actor and comedian Russell Brand joined with the online campaign group Avaaz to encourage its 1.1 million members to sign up.

Chronicle AM -- February 12, 2014

Overdose prevention is big news today as the drug czar chimes in in favor, more than a dozen congressmen call on Obama to re- or de-schedule marijuana, the Italian Supreme Court undoes a bad drug law, and more. Let's get to it:

Eighteen Congressmen Call for Marijuana Rescheduling or Descheduling. In a Wednesday letter to the White House, 18 congressmen urged President Obama to tell Attorney General Holder to ease up on marijuana. "We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II. Furthermore, one would hope that your Administration officials publicly reflect your views on this matter," said the letter signed by 17 Democrats and one Republican. The letter's lead author is Rep. Earl Blumenauer (D-OR).

Texas Governor Candidate Wendy Davis Says She Would Consider Decriminalization, Supports Medical Marijuana. Democratic gubernatorial candidate Wendy Davis told the Dallas Morning News editorial board she would consider decriminalizing marijuana possession and she supports medical marijuana. "We as a state need to think about the cost of that incarceration and, obviously, the cost to the taxpayers as a consequence of it, and whether we're really solving any problem for the state by virtue of incarcerations for small amounts of marijuana possession," Davis said. "I personally believe that medical marijuana should be allowed for. Certainly as governor I think it's important to be deferential to whether the state of Texas feels that it's ready for that."

Pennsylvania Governor Candidate Allyson Schwartz Calls for Decriminalization, Supports Medical Marijuana. Leading contender for the Pennsylvania Democratic Party gubernatorial nomination US Rep. Allyson Schwartz told the Philadelphia Weekly Monday she favors decriminalization and medical marijuana. "I do believe that marijuana is over-criminalized. And what we should do is decriminalize possession," she said. She also said she would sign a pending medical marijuana bill. "If it came to my desk, I would be supportive," she said.

New Mexico Senate Rules Committee Stalls Marijuana Legalization Resolution. State Sen. Gerald Ortiz y Pino (D-Bernallillo) saw his Senate Joint Resolution 10 stalled on a tie vote in the Senate Rules Committee Tuesday. The bill would have legalized possession for those 21 and over and set up a regulated system of marijuana commerce.

New Mexico House Committee Approves Study of Legalization Effects. A measure that asks the Legislative Finance Committee to study the effects of marijuana legalization in other states passed the House Appropriations and Finance Committee Tuesday. House Memorial 38, filed by Rep. Bill McCamley (D-Las Cruces), should now be headed for a House floor vote.

Arizona Decriminalization Bill for Small-Time Possession With Intent Filed. Rep. Mark Cardenas (D-Phoenix) has introduced a bill that decriminalizes possession with intent to sell of less than an ounce of pot, make possession of less than two pounds with intent to sell a petty offense, and make possession of more than two pounds with intent to sell a misdemeanor. The measure would also decriminalize growing if the yield is less than two pounds. The bill is House Bill 2474; it has been assigned to the House Judiciary and Rules committees.

Medical Marijuana

Medical Marijuana Supporters Rally in Oklahoma City. Supporters of medical marijuana led by Oklahoma NORML rallied at Oklahoma State Capitol today, and also did lobbying and training.

Harm Reduction

Drug Czar Calls for Overdose Antidote Drug to Be More Widely Available. The Office of National Drug Control Policy (ONDCP, the drug czar's office) called Tuesday for making the overdose antidote drug naloxone (Narcan) more widely available. "The Obama Administration is encouraging first responders to carry the overdose-reversal drug naloxone," ONDCP said in a blog post. "When administered quickly and effectively, naloxone immediately restores breathing to a victim in the throes of an opioid overdose. Because police are often the first on the scene of an overdose, the administration strongly encourages local law enforcement agencies to train and equip their personnel with this lifesaving drug… Used in concert with "Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose, it can and will save lives."

Boston Mayor Calls for All First Responders to Carry Overdose Antidote. Boston Mayor Martin Walsh Tuesday responded to a spike in drug overdoses in the city by calling on all first responders to carry naloxone (Narcan), a medication used to reverse opioid overdoses. Both heroin and prescription opioid overdoses have jumped since 2009. Walsh announced a series of community workshops on the issue.

Indianapolis Police to Carry Overdose Antidote. Beginning next month, the Indianapolis Metropolitan Police will begin a pilot program where police officers are trained in the use of and will carry with them naloxone (Narcan) to reverse overdoses. Heroin overdose deaths have doubled in the city since 2011.

Maine Governor Opposes Bill to Increase Access to Overdose Antidote. Maine Gov. Paul LePage (R) opposes a bill to make the opioid antagonist naloxone (Narcan) more widely available, saying it would encourage drug use. The sponsor of the bill, Legislative Document 1209, Rep. Sara Gideon (D), said the governor's health policy advisor told her he would oppose the bill. "His main objection is his belief -- and I have to emphasize 'his belief' because there is no evidence that supports this at all -- his belief that increasing the availability of Narcan or naloxone will lead the drug user or drug abuser to have this feeling of invincibility," Gideon said. The Tea Party Republican governor last year vetoed bills to increase naloxone availability and create a Good Samaritan 911 law. Fatal heroin overdoses in the state quadrupled between 2011 and 2012.

Drugged Driving

New Mexico Drugged Driving Bill Advances. A drugged driving bill passed out of the House Transportation and Public Works Committee Tuesday. House Bill 190, filed by Rep. Bill Rehm (R-Albuquerque), would make driving with any detectable level of controlled substances, including marijuana and prescribed drugs evidence of driving under the influence of drugs. Such evidence would not automatically guarantee a conviction, but could be used to shore up prosecutions. The bill ran into opposition from, among others, the Drug Policy Alliance, which said it was likely to entrap regular users of marijuana or medical marijuana. The bill now moves to the House Judiciary Committee.

Synthetic Drugs

Missouri Synthetic Drugs Bill Advances. A bill that adds several specific substances to the state's list of banned synthetic cannabinoids advanced on a voice vote in the House Tuesday. House Bill 1051 is designed "basically to stay ahead of or try to keep up with new chemicals as they come out," said bill sponsor Rep. Shawn Rhoads (R-West Plains). The bill needs one more House vote before moving to the Senate.

International

Italian Supreme Court Strikes Down Law Equating Marijuana With Heroin. The Italian Supreme Court Tuesday struck down a 2006 law that removed the distinction between "soft" and "hard" drugs, stiffening prison sentences for marijuana and hash offenders, and filling the country's prisons with low-level pot offenders. The expectation is that thousands of them will soon be freed.

Groups Call for UN to Freeze Vietnam Anti-Drug Aid Over Death Penalty. Harm Reduction International and the anti-death penalty groups Reprieve and the World Coalition Against the Death Penalty have called on the United Nations to freeze anti-drug aid for Vietnam after it sentencing 30 people to die for heroin trafficking. In a letter to the Vienna-based UN Office on Drugs and Crime (UNODC), they said they had raised concern for several years about UN support for countries that impose the death penalty for drug offenses and that UNODC had internal human rights guidance that required it "to cease support for a country if it is feared the support may facilitate executions." UNODC had not replied as of Wednesday afternoon.

Marijuana Seeds Dropped from Slovak Controlled Substances List, New Drugs Added. President Ivan Gasparovic Tuesday signed legislation that will drop marijuana seeds from the list of illegal drugs in Slovakia because they do not contain cannabinoids. But the updated list will now include eight new drugs, including buphedrone, desoxypipradrol and 4-methylamphetamine, and it down-schedules GHB to allow doctors to prescribe drugs containing it.

(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.)

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.

Reps Urge New Direction with Drug Czar Pick

Five Democratic members of Congress are calling on President Obama to use the nomination of a new drug czar as an opportunity to take a big step toward fully embracing a drug policy based on science, reason, and facts. The five representatives made their call in a letter sent to the White House Thursday.

The White House Office of National Drug Control Policy (the drug czar's office) is charged with advising the president on drug control issues, setting federal drug control policy, and producing an annual report on national drug control strategy. Its current head, former Seattle police chief Gil Kerlikowske, is resigning to take on the position of commissioner of Customs and Border Protection.

"We commend you and your Administration on the recent steps you have taken to pursue smarter sentencing and policies that respect state laws regarding marijuana," the congressmen wrote. "We urge you to nominate a new director of ONDCP who will develop policies based on science rather than ideology and move away from the failed policy of criminalizing marijuana. The new director should promote fact-based education and use medical science and behavioral research to end the questionable practice of equating marijuana with dangerous drugs like heroin, crack, and methamphetamine."

The signatories are US Representatives Steve Cohen (D-TN), Earl Blumenauer (D-OR), Sam Farr (D-CA), Mark Pocan (D-WI), and Jared Polis (D-CO).

The congressmen noted that the position of drug czar has historically been filled by individuals with law enforcement backgrounds who have viewed drug policy as a matter of criminal enforcement rather than as a matter of public health -- regardless of the medical science and public research available. That needs to change, they said.

"We ask that you break from this tradition and nominate someone with a background in science," the letter said. "Particularly in light of the rapidly growing public support for marijuana legalization and broader drug policy reform, it would be a mistake for you to appoint someone who merely continues to prosecute the failed war on drugs."

Instead, they wrote, "the new director of ONDCP should promote scientific research into the benefits and risks of marijuana legalization and be guided by the results of those findings. He or she should take note of the growing movement at the state level to make marijuana legal for medical or personal use and help shape national policies based on the lessons learned in those states. At a minimum the new director should urge strict adherence to the recent DOJ guidelines regarding criminal enforcement in those states."

It has been nearly six weeks since Kerlikowske's pending resignation was announced, but there has so far been little hint of who the White House has in mind to replace him. The congressmen are suggesting that it's time to break the mold and head in a new direction.

Washington, DC
United States

DEA Using Massive AT&T Phone Records Database

For at least six years, the DEA has had access to a massive AT&T database of phone call records dating back to 1987, the New York Times reported Sunday. According to the report, the DEA pays AT&T to place company employees in DEA offices around the country, where they supply DEA agents with phone data in compliance with federal subpoenas.

The program, known as the Hemisphere Project, is not limited to AT&T calls. It also covers data for any carrier using an AT&T switch and picks up 4 billion calls a day, according to the Times.

It only came to light because a Washington peace activist filed a FOIA lawsuit seeking information from West Coast law enforcement agencies, and one of them included training slides from the Office of National Drug Control Policy. The slides, which included a power point presentation, were marked "law enforcement sensitive."

They revealed not only the existence of the Hemisphere Project, but also efforts to keep it secret.

"All requestors are instructed to never refer to Hemisphere in any official document," one slide said.

The exposure of Hemisphere comes at a time when concern over government surveillance technologies is high, as revelations from former NSA employee Edward Snowden and his interlocutors about the extent of spying continue to appear on a regular basis. While NSA spying is ostensibly directed at foreign terrorists, it has also provided surveillance information to the DEA for use not in terrorism investigations, but in criminal ones.

Federal officials told the Times that the Hemisphere Project was no big deal, saying it has been useful in finding drug dealers who frequently discard cell phones and it uses investigative techniques that have been employed for decades and present no new privacy issues.

Privacy and civil liberties advocates begged to differ.

The Hemisphere Project "certainly raises profound privacy concerns," ACLU deputy legal director Jameel Jaffer told the Times. "I'd speculate that one reason for the secrecy of the program is that it would be very hard to justify it to the public or the courts," he said. And while he acknowledged that the database remained in AT&T's possession, "the integration of government agents into the process means there are serious Fourth Amendment concerns."

Senator Leahy Calls Judiciary Hearing on Federal Marijuana Policy [FEATURE]

US Sen. Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, announced Monday that he would hold a hearing next month on the Justice Department's response to marijuana legalization in Colorado and Washington and legal medical marijuana in 20 states and the District of Columbia. The hearing is set for September 10.

Patrick Leahy (senate.gov)
Leahy has invited Attorney General Eric Holder and Deputy Attorney General James Cole to testify before the committee and help clarify the conflicts between state and federal law, as well as the federal response. Cole is the author of the 2011 Cole memo giving federal prosecutors the green light to go after medical marijuana providers in states where it is not tightly regulated.

"It is important, especially at a time of budget constraints, to determine whether it is the best use of federal resources to prosecute the personal or medicinal use of marijuana in states that have made such consumption legal," Leahy said in a statement Monday. "I believe that these state laws should be respected. At a minimum, there should be guidance about enforcement from the federal government."

After Colorado and Washington legalized marijuana last November, Leahy sent a letter to the White House Office on National Drug Control Policy asking that the Obama administration make public its position on the matter. Although Holder said in February that a Justice Department response would be coming "relatively soon," it still hasn't appeared.

State officials in Colorado and Washington said last week that they thought the Justice Department had given them "tacit approval" to move forward with their plans to implement marijuana regulation, taxation, and legalization. Leahy, who has said he supports the efforts in those two states, would like to get something more definitive from the Justice Department.

In the meantime, while the feds are silent on how they will deal with legalization, federal prosecutors and the DEA have kept up the pressure on medical marijuana producers and distributors. Since the Cole memo came out two years ago, hundreds of dispensaries have been raided and hundreds more subjected to federal "threat letters." While actual prosecutions have been more rare, the result has been a reduction in access to medical marijuana for patients in areas where dispensaries have been forced out of business.

Leahy isn't the only one in Congress who is interested in federal marijuana policy. At least seven bills have been filed, most with bipartisan sponsorship, addressing federal marijuana policy. They range from bills to legalize hemp and marijuana to bills that would prevent the use of the IRS to crack down on medical marijuana dispensaries.

Holder won kudos from many drug reformers earlier this month when he announced his support for further sentencing reforms, but medical marijuana and marijuana legalization advocates were disappointed that he did not address the tension and contradictions between state and federal marijuana policies. Now, it appears that Leahy is going to force the issue, and marijuana reform advocates couldn't be more pleased.

"This is an important development for all sorts of reasons -- not least because the Senate has been so remarkably passive on marijuana issues even as twenty states have legalized medical marijuana and two have legalized it more broadly. I am delighted that Senator Leahy now seems ready to provide much needed leadership on this issue," said Ethan Nadelmann, executive director of the Drug Policy Alliance.

"The ballot initiatives in Washington and Colorado made history not so much because they legalized possession of small amounts of marijuana but because they mandated that state governments regulate and tax what had previously been illicit markets," Nadelmann continued. "Ending marijuana prohibition not just in the states but also nationally is going to require the sort of leadership that Senator Leahy is now providing. Now is the time for his colleagues to stand up as well in defense of responsible state regulation of marijuana."

"Two states have made marijuana legal for adult use and are establishing regulated systems of production and distribution. Twenty states plus our nation's capital have made it legal for medical use. By failing to recognize the decisions of voters and legislators in those states, current federal law is undermining their ability to implement and enforce those laws," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

"Marijuana prohibition's days are numbered, and everyone in Washington knows that," Riffle continued. "It's time for Congress to stop ignoring the issue and develop a policy that allows states to adopt the most efficient and effective marijuana laws possible. We need to put the 'reefer madness' policies of the 1930s behind us and adopt an evidence-based approach for the 21st Century."

"We're still waiting for the administration to announce its response to the marijuana legalization laws in Colorado and Washington, a policy that the attorney general has been saying is coming 'relatively soon' since December," said Tom Angell, head of Marijuana Majority. "If the administration is serious about using law enforcement resources in a smarter way, it should be a no-brainer to strongly direct federal prosecutors to respect the majority of voters by allowing these groundbreaking state laws to be implemented without interference."

It ought to be an interesting, and perhaps, historic hearing. It's two weeks away.

Washington, DC
United States

GAO Says ONCDP Not Achieving Drug Goals So Far

Just a day after the Office of National Drug Control Policy (ONDCP -- the drug czar's office) released its latest annual national drug control strategy, the Government Accountability Office (GAO) has issued a report finding that ONDCP has fallen well short of goals enunciated in its 2010 national drug strategy.

In the report, Office of National Drug Control Policy: Office Could Better Identify Opportunities to Increase Program Coordination, GAO noted that ONDCP and the federal government "have not made progress toward achieving most of the goals articulated in the 2010 National Drug Control Strategy." In some areas, including reducing teen drug use, reducing drug overdose deaths, and reducing HIV infections from injection drug use, GAO found, ONDCP was not only not making progress, but sometimes the numbers were moving in the opposite direction.

For instance, under the broader goal of "curtailing illicit drug consumption in America," ONDCP had set use reduction goals to be achieved by 2015. It sought to reduce last month drug use by teens by 15%, but has achieved no movement. Similarly, it sought a 15% reduction in past month use by young adults, but has achieved no movement. It also sought to reduce lifetime use of drugs, alcohol, and tobacco by 8th graders by 15%, and was making progress toward its goal with alcohol and tobacco, but not with illegal drugs.

Likewise, under ONDCP's broad goal of "improving the public health and public safety of the American people by reducing the consequences of drug use," ONDCP identified goals of reducing overdose deaths, drug-related hospital emergency room visits, and drug-related HIV infections by 15% by 2015, but showed "movement away from goal" between 2010 and 2012.

Drug czar Gil Kerlikowske is talking up a "21st Century Approach" to drug use with a heavy emphasis on treatment and prevention, but the latest national drug budget still allocates 58% of funding to law enforcement and interdiction. And those remaining funds for treatment and prevention are "fragmented" across 15 federal agencies, with much overlapping. GAO reviewed 76 federal drug treatment and prevention programs and found 59 of them overlapped.

GAO did note that while ONDCP was not showing progress in most of its goals, it had implemented 107 of the 112 "action items" contemplated to meet those goals. The auditors noted that "ONDCP officials stated that implementing these action items is necessary, but may not be sufficient to achieve Strategy goals."

Washington, DC
United States

White House 2013 National Drug Strategy Released

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

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

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

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

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

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

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

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

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

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

Washington, DC
United States

Modest Changes in Obama's FY 2014 Drug Budget

The Obama administration released its Fiscal Year 2014 budget proposal Wednesday, including its 2014 federal drug budget. Pundits and politicians on both sides of the aisle quickly pronounced the Obama budget dead on arrival, but it does provide both a window into administration thinking on drug policy and a starting point for negotiations.

Obama's 2014 drug budget came out Wednesday. (whitehouse.gov)
There's not much new. The historic 2:1 ratio between law enforcement and interdiction spending and treatment and prevention spending, representing what critics have long called an over-reliance on enforcement, is slightly attenuated. The Obama 2014 drug budget allocates 58% of spending to enforcement vs. 42% to treatment and prevention. It is a slight improvement over the FY 2013 drug budget, where the figures were 62% and 38% -- starting to climb away from 2:1, if it continues, but not dramatically.

In a post on its web site, the Office of National Drug Control Policy's Rafael Lemaitre writes that treatment and prevention spending now tops domestic law enforcement spending, and "that's what a 21st Century approach to drug policy looks like," but that post does not include interdiction and international drug enforcement spending. When those are included, the Obama drug budget is clearly weighted on the side of law enforcement -- very much what a late 20th Century drug policy looked like.

Still, the budget calls for an 18% increase in treatment funding, and cuts in interdiction and international enforcement funding, as welling as reducing funding for the High Intensity Drug Trafficking Area (HIDTA) program, which generates ever more drug arrests working with state and local drug task forces. But spending for both the DEA and Bureau of Prisons is going up, and that raised the hackles of one drug reform activist.

"The administration deserves some credit for moving this ratio slightly in the right direction over the years, but a drug control budget that increases funding for the DEA and the Bureau of Prisons is simply not the kind of strategy we need in the 21st Century," said Tom Angell, spokesman for the Marijuana Majority. "At a time when a majority of Americans support legalizing marijuana, and states are moving to end prohibition, this president should be spending less of our money paying narcs to send people to prison, not more. If, as administration officials say, 'we can't arrest our way out of the drug problem,' then why are they continuing to devote so many resources to arresting people for drug problems?"

The administration also deserves "some credit" for reducing HIDTA funding, said Angell, but "still $193 million for the program is $193 million more than should be used to arrest people for drugs in the 21st Century."

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