Legalization

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Chronicle AM -- July 25, 2014

Wichita looks set to vote on decriminalization this fall, Rand Paul (busy, busy) files a federal asset forfeiture reform bill, drug users finally get a voice at the International AIDS Conference, and more. Let's get to it:

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Marijuana Policy

Wichita Decriminalization Initiative Campaign Turns in Twice the Necessary Signatures. Organizers of a decriminalization initiative signature-gathering campaign yesterday turned in 5,800 signatures to get the initiative on the November ballot. Kansas for Change needs 2,928 valid voter signatures to qualify. They turned in the signatures at 4:20pm.

Five People Ticketed for Marijuana Possession in First Week of DC Decriminalization Law. DC police have cited five people for marijuana possession in the week since the DC decrim law went into effect. Four of the five citations came in predominantly black areas of the city east of the Anacostia River. Last year, before decrim, police made about 11 marijuana possession arrests a day.

Poll: California Latinos Strongly Oppose Deportation for Marijuana Possession. A new poll from Latino Decisions and Presente.org finds that nearly two-thirds (64%) of California Latinos strongly oppose deporting non-citizens for marijuana possession. Marijuana possession is the fourth most common criminal offense leading to deportation, according to a 2012-2013 study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

Asset Forfeiture

Rand Paul Files Asset Forfeiture Reform Bill. Sen. Rand Paul (R-KY) has filed a bill to reform federal asset forfeiture laws. Yesterday, he introduced the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime. The FAIR Act would also require that state law enforcement agencies abide by state law when seizing property. It would also remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

International

Drug Users Get a Voice at Global AIDS Conference. For the first time, a group of drug users has been allowed space at the International AIDS Conference, taking place this year in Melbourne, Australia. The International Network of People Who Use Drugs (INPUD) had a booth at the conference and also held a movie premiere event at the conference for the film, "We are Drug Users."

British National Survey Finds Slight Overall Increase in Drug Use. The number of drug users in Britain increased by 0.7% last year, according to the 2013 to 2014 Crime Survey for England and Wales. Some 8.8% of adults used drugs in the past year; 6.6% used marijuana. Cocaine was the second most commonly used drug, at 2.4%.

Guatemalan President Still Mulling Marijuana Legalization. President Otto Pérez Molina said in an interview in Washington yesterday that he hadn't ruled out the possibility of legalizing marijuana. "Right now we have a commission that's following what's been happening in Uruguay, Portugal, Holland, Colorado, and the state of Washington," he said. "I expect to receive the studies, analysis and recommendations at the end of the year and from there we will make the decisions that would best fit our country." Pérez Molina will be hosting an international conference on drug policy in Guatemala in September. [Editor's Note: We are not aware of any conference in Guatemala this fall. It's not clear if Perez Molina misspoke or the Washington Post misheard. There is a V Conferencia latinoamerica sobre la politica de drogas set for Costa Rica in September.]

WOLA Releases Analysis of Ecuador Drug Policy Trends and Contradictions. The Washington Office on Latin America (WOLA) has published "Reforma y contradicciones en la politica de drogas de Ecuador." The report identified advances and blockages in Ecuador's path to a more progressive drug policy. Click on the link to read it in Spanish or use your translate button or wait a few days for WOLA's English version to read it in English.

Chronicle AM -- July 24, 2014

There's dollar signs coming with marijuana legalization laws, Rand Paul moves to protect medical marijuana, but it's too late for one New York girl, there's a new opiate pain reliever out there (with a twist), and more. Let's get to it:

Chilean Senator Isabel Allende Bussi wants to legalize marijuana possession and cultivation. (wikimedia.org)
Marijuana Policy

Oregon Marijuana Legalization Could Generate $38.5 Million in Taxes in First Year, Report Says. An economic study commissioned by New Approach Oregon, the people behind the marijuana legalization initiative just approved for the November ballot, finds that legalization would produce $38.5 million in tax revenues in its first year.

Medical Marijuana

Rand Paul Files Medical Marijuana Amendment. US Senator Rand Paul (R-KY) today filed an amendment to Senate Bill 2569, the "Bring Jobs Home Act," that would explicitly allow states to pass medical marijuana laws despite the provisions of the federal Controlled Substances Act. The amendment would also bar prosecutions of patients and doctors for engaging in medical marijuana activities in states where it is legal.

New York Poster Child for Medical Marijuana Dies Without Her Medicine. Nine-year-old Anna Conte, whose family has been at the center of the Empire State medical marijuana debate, has died without ever gaining access to marijuana medicines that may have alleviated her condition. Conte suffered from Dravet Syndrome, which caused her to suffer hundreds of crippling seizures every day. The state passed a medical marijuana law last month, but it won't go into effect for another year and a half.

Minnesota Names Medical Marijuana Director. The state Department of Health has named department employee Michelle Larson the first-ever director of the Office of Medical Cannabis. She is charged with managing the office's staff and creating and implementing administrative policies for things like an application process for a manufacturer and a patient registry. The state's law limits medical marijuana to eight specified diseases or conditions and does not allow for the use of smoked marijuana.

Prescription Opiates

FDA Approves Oxycodone/Naloxone Combo Pain Reliever. The Food and Drug Administration (FDA) has approved a new opioid pain reliever that combines oxycodone and naloxone. Targiniq ER, produced by Purdue Pharma, the maker of Oxycontin, included naloxone to block the euphoric effects of oxycodone, making it less likely to be misused.

International

Poll Finds Strong Australian Majority for Medical Marijuana. A new ReachTel survey finds that nearly two-thirds of respondents support legalizing medical marijuana. Support was highest among people between 51 and 65. The poll comes as New South Wales inches toward approving medical marijuana.

Chilean Senators Propose Legalizing Marijuana Possession, Cultivation. Four Chilean senators have introduced a bill that would legalize the possession and cultivation of small amounts of marijuana for personal use, as well as for "therapeutic and spiritual reasons." The legislators include Sen. Isabel Allende Bussi, daughter of Salvador Allende, who died in the midst of a rightist military coup to overthrow him in 1973, and Juan Pablo Letelier, the son of Orlando Letelier, a Chilean politician assassinated by the Pinochet government in Washington, DC, in 1976.

Chronicle AM -- July 23, 2014

South Portland, Maine, will vote on marijuana legalization in November, medical marijuana researcher Dr. Sue Sisley's campaign to be reinstated is picking up steam, Mississippi officials get an earful at a public forum on a welfare drug testing law, and more. Let's get to it:

Evo Morales is not only president of Bolivia; he's also the president of the country's largest coca growers' union. (wikimedia)
Marijuana Policy

South Portland, Maine, Marijuana Possession Legalization Initiative Qualifies for November Ballot. Officials in South Portland confirmed today that a citizen initiative to make marijuana possession legal for adults within city limits has qualified for the November 2014 ballot. Citizens for a Safer Maine, a Marijuana Policy Project affiliate, submitted more than 1,500 signatures, and just 959 valid signatures of registered city voters were required. The South Portland City Council will consider whether to enact the measure or refer it to city voters at its meeting scheduled for August 4.

Delaware House Hearing on Marijuana Decriminalization Today. The House Public Safety and Homeland Security Committee is holding a hearing on a decriminalization bill today. The amended version of House Bill 371 would make possession of up to an ounce a civil offense, punishable only by a fine. Under current law, small time possession is a misdemeanor that can garner up to six months in jail.

Medical Marijuana

National Herbal Medicine Industry Group Issues Guidelines for Medical Marijuana Manufacture. The American Herbal Products Association (AHPA) today released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona Judge Rules Patients Can Sell to Other Cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants to sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a favorable higher court ruling would set precedent statewide.

Campaign to Reinstate Arizona Medical Marijuana Researcher Picks Up Steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of medical marijuana researcher Dr. Sue Sisley, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now has 66,000 signatures (30,000 of them from yesterday alone) and a there is also a Facebook page supporting her.

Drug Testing

Mississippi Public Forum on Welfare Drug Test Law Leads for Calls to Amend It. A welfare recipient, civil liberties advocates, and Democratic politicians strong criticized the state's new law mandating drug testing for some welfare recipients at a public hearing yesterday. They called for it not to be implemented until it can be amended by the legislature. No one spoke in support of the law.

Law Enforcement

Orange County, Florida, Women Sue SWAT Team Over Violent Drug Raid. A mother and daughter are suing the Orange County Sheriff's Office after a SWAT team drug raid left a family dog dead and the daughter wounded by police gunfire inside their own home. The raid was aimed at a relative who didn't even live at the residence. Police found marijuana seeds and "drug paraphernalia" in the room where the relative had stayed, but charges against him were later dropped.

International

Bolivian President Wins Reelection as Head of Country's Largest Coca Growers Union; Vows to Expand Crop if Re-Elected as President. Evo Morales was a coca grower union leader before he was elected president of the country, and he's still a coca grower union leader. He was just reelected as head of the union, and he told union members that Bolivia needs a new law for coca production that would allow for expanded cultivation.

Oregon Marijuana Legalization Initiative Qualifies for November Ballot

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

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

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

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

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

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

Eugene, OR
United States

Chronicle AM -- July 22, 2014

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

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

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

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

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

Medical Marijuana

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

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

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

International

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

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

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

Chronicle AM -- July 21, 2014

The World Health Organization calls for drug decriminalization (and more), international drug reform and harm reduction groups warn of an AIDS prevention crisis, marijuana policy is popping up in some Republican primaries, and more. Let's get to it:

Times are changing when marijuana legalization becomes an issue in Republican primaries. (wikimedia.org)
Marijuana Policy

MPP Urges Votes for Bob Barr in Georgia Republican Congressional Primary Tomorrow. The Marijuana Policy Project is calling on its Georgia supporters to get out and vote for Republican congressional candidate Bob Barr in the primary tomorrow in the state's 11th congressional district. Barr made a reputation in the 1990s as an arch-drug warrior, but has since become a staunch supporter of drug policy reform and civil liberties.

Kansas GOP Gubernatorial Candidate Challenges Incumbent With Platform That Includes Legalizing Marijuana. Gov. Sam Brownback (R) is facing a long-shot challenge from Jennifer Winn, a small businesswoman whose son is facing a murder charge over a marijuana deal gone bad. She says she entered the race out of anger over that, and her platform includes legalizing marijuana and industrial hemp, as well as a broader call for drug policy reform. Her race is being watched as a sign of how damaged the state GOP is after years of Brownback's ultraconservative social and economic policies.

Washington State Rang Up $1.2 Million in Marijuana Sales in First Week. Only a handful of stores were actually open and supplies were limited, but the first week of legal marijuana sales in Washington still generated more than $1.2 million in sales, according to the state Liquor Control Board. It also generated $318,043 in taxes collected so far.

Despite Philadelphia City Council's Decriminalization Vote, Marijuana Possession Arrests Continue. Last month, the city council voted to decriminalize possession of up to an ounce, but Mayor Michael Nutter opposes the bill, and Police Chief Charles Ramsey vowed to continue marijuana possession arrests. He's lived up to his word. Since the bill was passed, 246 people have been arrested for pot possession, 140 of them charged only with pot possession. Of the 124 people charged with additional crimes, the vast majority were only drug charges. Mayor Nutter has until September to act on the decriminalization bill. He can sign it, veto it, or do nothing, in which case it becomes law without his signature.

Medical Marijuana

Illinois Governor Signs Bill to Expand Access to Medical Marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico Backs Off on Medical Marijuana Program Changes. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

Psychedelics

Memorial Event for Sasha Shulgin in Berkeley Next Month. The psychonauts at Erowid are hosting a memorial and community gathering in Berkeley next month to honor the memory of Dr. Alexander "Sasha" Shulgin, the legendary scientist of psychedelics who died early last month. Please RSVP if you are planning to attend; click on the link to do so.

Drug Policy

World Health Organization Calls for Drug Decriminalization, Broad Drug Policy Reforms. In a report on HIV treatment and prevention released earlier this month, the World Health Organization quietly called for drug decriminalization, needle exchanges, and opiate substitution therapy. The WHO's positions are based on concerns for public health and human rights.

Drug Testing

Mississippi Public Hearing on Welfare Drug Test Law Tomorrow. The Department of Human Services is holding a hearing tomorrow in Jackson to hear public comment on a new welfare drug testing law that was supposed to have gone into effect July 1. It was delayed to allow for a public hearing. The law is opposed by the ACLU and racial and social justice activists. Click on the link for time and location details.

Harm Reduction

Drug Reform and AIDS Groups Warn of "Global Crisis" in HIV Prevention Funding, Especially for Injection Drug Users. As the 20th International AIDS Conference gets underway in Melbourne, Australia, three drug reform, harm reduction, and AIDS groups have issued a report, The Funding Crisis for Harm Reduction, warning that because of donor fatigue, changing government policies, and an over-reliance on drug law enforcement, the goal of an "AIDS-free generation" risks slipping away. The three groups are Harm Reduction International, the International Drug Policy Consortium, and the International HIV/AIDS Alliance.

Law Enforcement

In Forsythe County, North Carolina, Majority of SWAT Deployments are For Drug Raids. SWAT teams were designed to be used in extreme situations -- hostage-taking events, terrorist attacks, and the like -- but have been subject to mission creep over the years. Forsythe County is one example. In an in-depth report, the Winston-Salem Journal found that the Forsythe County SWAT team had been deployed 12 times in the past year and the Winston-Salem Police SWAT team had been deployed 40 days in the past year "mostly to execute search warrants for drugs."

International

Report on Illicit Drug Corridors Between Bolivia and Peru Published. In a report based on on-the-scene investigation, the Bolivian NGO Puente Investigacion y Enlace (PIE), led by former human rights ombudsman Godo Reinicke, has studied the drug and precursor chemical networks straddling the Peru-Bolivia border. Read the report, Corredores ilicitos entre Boliva-Peru, ¿Rutas escondidas y extrañas? in Spanish, or click on your translate button.

(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 -- July 17, 2014

Marijuana decriminalization comes to the nation's capital, Vermont is set to study marijuana legalization, New Jersey residents press for "decarceration," Canadians are ready for marijuana reform, and more. Let's get to it:

Decriminalization is now the law in the District of Columbia.
Marijuana Policy

The District of Columbia is Decriminalized. The decriminalization of the possession of an ounce of less of marijuana is now the law in the nation's capital. A law passed by the DC city council and signed by Mayor Vincent Gray (D) went into effect one minute after minute. Small time pot possession is now punishable only by a fine of $25. But the cops can still take your stash.

Vermont Launches Study of Marijuana Legalization. The state has hired the RAND Corporation to sort through the issues around legalizing marijuana in the Green Mountain State. The administration of Gov. Peter Shumlin (D) says the study is needed because lawmakers are expected to take up the issue during the legislative session next year. A report is expected to be issued by January.

Medical Marijuana

UFCW to Start Representing Washington State Medical Marijuana Workers. The United Food and Commercial Workers (UFCW) Local 367 announced this week that it expects to represents workers at a Puyallup medical marijuana collective. The UFCW represents a variety of retail, food processing, manufacturing, and production workers, but has also been active in the medical marijuana industry and has a Cannabis Workers Rising campaign, especially in California, where it has organized numerous work sites.

Drug Policy

Netroots Nation Gathering to Take Up Drug War Issues Friday. The ninth annual gathering of progressive voices known as Netroots Nation, meeting in Detroit this week, will address the war on drugs during a panel Friday. The panel is called "Marijuana Arrests: The Gateway to Mass Incarceration." The panel will take place at 4:30pm and can viewed live online here.

Sentencing

New Jersey Campaign to Reduce Incarceration Gets Underway. Residents of Essex County have launched a campaign to get lawmakers to pass legislation that would reduce incarceration in the Garden State. More than a thousand of them have signed a Change.org petition urging legislators to pass a bill they call the New Jersey Decarceration Act, which would lead to a large-scale release of nonviolent drug and other offenders.

International

Canadians Ready for Marijuana Reform, Poll Finds. An Ipsos-Reid poll commissioned by the Department of Justice has found that seven out of 10 Canadians are ready to decriminalize or legalize marijuana. Some 37% of respondents said it should be legalized, while another 33% said it should be decriminalized. Only 14% supported the status quo, while 12% wanted harsher penalties. The poll was commissioned by the government in December, but it hid the results until the newspaper The Star managed to obtain them.

Malaysian Court Sentences Nigerian Student to Death for Marijuana Trafficking. A Malaysian High Court judge sentenced Nigerian college student Uchechukwu Nelson Ohaechesi to be hanged after he was convicted of trafficking 26.5 kilograms of marijuana.

Chronicle Interview: Drug Policy Researcher Beau Kilmer [FEATURE]

Beau Kilmer is a senior policy researcher at the RAND Corporation, where he codirects the RAND Drug Policy Research Center. His research lies at the intersection of public health and public safety, with a special emphasis on substance use, illicit markets, crime, and public policy. Some of his current projects include estimating the size of illegal drug markets, assessing the consequences of alternative marijuana policies, measuring the effect of South Dakota's 24/7 Sobriety Program on drunk driving and domestic violence outcomes, and evaluating other innovative programs intended to reduce violence. Kilmer's research has appeared in leading journals such as Addiction, American Journal of Public Health, Journal of Quantitative Criminology, Proceedings of the National Academy of Sciences, and his essays have been published by the BBC, CNN, Los Angeles Times, New York Times, Wall Street Journal, and USA Today. His book on marijuana legalization, "Marijuana Legalization: What Everyone Needs to Know" (co-authored with Jonathan Caulkins, Angela Hawken, and Mark Kleiman) was published by Oxford University Press in 2012. Before earning his doctorate at Harvard University, Kilmer received a Judicial Administration Fellowship that supported his work with the San Francisco Drug Court.

Beau Kilmer (rand.org)
The Chronicle interview took place by phone Wednesday morning.

Drug War Chronicle: What are we learning from marijuana legalization so far in Colorado and Washington, especially about prices, tax rates, and regulatory structures?

Beau Kilmer: With respect to prices, I think it's too soon to make a serious judgment. I would expect them to fall eventually as the number of producers increases and there is more competition. Regarding taxes, there is clearly tax revenue coming in, but not as much as expected, partly because medical marijuana markets don't face the same taxes. These markets are in transition, and there are data lags. It's too early to do cost-benefit analyses, and when the data does start coming in, what happens a year or two from now, good or bad, could be completely different from what happens in five or 10 years.

There are two other things we need to consider in doing a cost-benefit analysis. First, when you hear that factor X or Y has decreased or increased, it's important to ask: Compared to what? People will say that this changed in Colorado, but how did it change or not in other states? This is often outside the capacity of news organizations, but when you hear people making these claims, you need to be asking questions. What about neighboring states? If media organizations did that, it could actually improve the quality of the discussion we're having.

The second thing is, don't forget about alcohol. If people are more likely to use alcohol and marijuana together, you have to worry about driving under the influence. Marijuana impairs you somewhat, alcohol impairs you more, and the interaction between marijuana and alcohol can increase the probability of impairment. On the other hand, if they are economic substitutes, if some heavy alcohol users are moving away from consuming it and consuming more marijuana, that could potentially be a net win for society. There are social costs associated with heavy marijuana use, but the social costs associated with alcohol are much greater -- fatal overdoses, chronic disease, violence. We really need to pay close attention to how legalization influences not only marijuana consumption, but also alcohol consumption. We will be watching this, not only in Colorado and Washington, but also in Uruguay.

Chronicle: How worried do we have to be about marijuana dependence, anyway? Is it any worse for the individual or society than, say, dependence on coffee?

Kilmer: Some people do run into problems. It affects their relationships, their employment, their daily behaviors, and can impose costs on them and some of their intimates. Some of those people may benefit from substance abuse treatment. On the other hand, some users get arrested and diverted into treatment when they don't really need it. Many experts agree that it poses less addictive risk than other drugs, not only in the likelihood of addiction, but also the degree. Having a cannabis use disorder is different from having a heroin use disorder.

When it comes to costs to society, a lot of it comes down to different intangibles. It's hard to quantify consequences, say, in terms of relationships with family members. We reviewed studies that look at marijuana compared to other substances, and when it comes to addiction risk, marijuana seems to be at the bottom of the list. It's not that it's not without costs, but in terms of harms associated with it, there seems to be much more harm associated with cocaine, heroin, or alcohol use disorders.

Chronicle: There are several different legalization models out there -- state monopoly stores vs. private stores, for example. Do you have a favorite model?

Kilmer: I completely understand why some jurisdictions would try something other than marijuana prohibition. There's a lot I don't like about it, especially the collateral consequences, but I'm not sure what the best alternative regime is. What's best for one jurisdiction may not be best for another. It's not clear that one size fits all. My opinion is that I will pay close attention to what happens in Colorado and Washington and Uruguay and some of these other places and use that information to update my opinions about marijuana policy. I hope other people do the same.

It's important to keep in mind that there is a lot of policy space in between prohibition and what we see in Colorado and Washington. There are a lot of options out there. You could just allow home cultivation, or you could do something like production co-ops or collectives. It will be really interesting to watch Uruguay, which has three routes: grow your own, join a co-op, or go to the pharmacy.

From a public health perspective, a state monopoly makes a lot of sense. It makes it easier to control prices and advertising. There is a lot of research that has looked at the state monopoly model for alcohol, and it tended to be better for public health. This model doesn't get a lot of attention in the United States, but there are other jurisdictions that may want to think about it.

The other potential advantage of starting with a state monopoly, is that it gives you more options. If a jurisdiction later decides it wants to allow commercial business, you can transition to a commercial model. But once you go from prohibition to a commercial model with for-profit firms and lobbyists, it gets a lot harder to put that genie back in the bottle. It gets entrenched. That's something to keep in mind.

The commercialization aspect is something we need to pay close attention to. In Uruguay, there is no advertising. The folks in Colorado and Washington are working hard to develop reasonable restrictions on advertising, but with the First Amendment here, we can't ban it.

Sunset laws may be advisable. There is a lot of uncertainty, and we don't know what the best model might be. You could start with a co-op model, try that for five or 10 years, then make a decision about whether to continue or go in a different direction. There are a lot of options, and we don't necessarily have to treat policy changes as permanent.

Another thing jurisdictions will want to think about it designing in some flexibility, especially with respect to taxes. No one knows the best way, and there are a number of different models. Colorado and Washington tax as a function of weight, but you could tax as a function of amount of THC, for instance. The takeaway is that we want to make sure that as we get information, we can incorporate that information in our decision-making about how to tax.

Chronicle: What about eliminating black markets?

Kilmer: You have to think about this over time. No one thinks we're going to eliminate the black market overnight. In both Colorado and Washington, it's been a slow roll-out of the stores, especially in Washington, so you have to look at this over the long run. Also in the long run, prices will fall, and as prices fall, ad valorem taxes based on price will fall, too. That's something else to think about.

Another issue to consider is that we have to remember that depending on where you are in the country, people under 21 will account for 20%-25% of consumption. It will be interesting to see what happens when they catch them, what penalties are imposed on the users and those that supply them. Will it be like the alcohol model or more severe? These are the kinds of issues that can be addressed in new initiatives or legislation.

Chronicle: Where and how does medical marijuana fit into all this?

Kilmer: Good question. It's going to be very interesting to see how this plays out with regard to medical marijuana. In both Colorado and Washington, there were very robust medical markets before legalization. In other jurisdictions, as they write initiatives or bills, will they try to build that in? I don't know what's going to happen.

Chronicle: Where is this all heading? We could have 10 legal states after 2016. Then what?

Kilmer: I guess we'll see how far we get.

Chronicle AM -- July 16, 2014

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

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

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

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

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

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

Medical Marijuana

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

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

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

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

Harm Reduction

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

Law Enforcement

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

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

Sentencing

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

International

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Washington, DC
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