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Chronicle AM: Philly Decrim in Effect, Facebook Chides DEA, Mexico Mayhem, More (10/20/14)

New pot polls in New Hampshire and North Dakota, Philly decrim goes into effect, NYC marijuana arrests continue, Nevada senator wants heroin clinics, Massachusetts' chief justice slams mandatory minimums, Facebook sends a stern letter to DEA, mayhem continues in Mexico, and more. Let's get to it:

Cartel's deadly warning: Hacked tweet from account of murdered Mexican citizen journalist.
Marijuana Policy

Arkansas Attorney General Rejects Legalization Initiative Wording. It's back to the drawing board for Mary Berry and her legalization initiative. Attorney General Dustin McDaniel has rejected the wording of the initiative, citing "ambiguities" in the text and telling her to "redesign" it. McDaniel has already approved the wording for two other initiatives, one for medical marijuana and one that would make it legal to grow and possess marijuana.

New Hampshire Poll Has Healthy Majority for Legalization. A new WMUR Granite State poll has 59% of respondents favoring marijuana legalization, with 35% opposed. Support for legalization is up eight percent over last year. Only 27% favored maintaining the pot prohibition status quo. New Hampshire is one of the states activists are eyeing for a legalization push in the next year or two.

North Dakota Poll Has Only 24% Supporting Legalization. In what must be one of most anti-marijuana poll results in recent years, a University of North Dakota College of Business and Public Administration poll found that more than two-thirds (68%) of respondents opposed marijuana legalization, with only 24% in favor. Even medical marijuana, which typically polls in the 70s or 80s with a generic question, garnered only 47% support. At least that's more than the 41% who opposed it. Click on the link for more poll details.

Dallas March for Legalization and Medical Marijuana. An estimated 5,000 people showed up in Dallas Saturday to rally for medical marijuana and marijuana legalization. The Dallas Marijuana March was sponsored by Dallas-Ft. Worth NORML.

New York City Marijuana Arrests Continue. In a report released today, the Marijuana Arrest Research Project finds that, despite campaign promises from Mayor Bill de Blasio, marijuana possession arrests are on track to equal or even surpass the number of arrests made under his predecessor, Michael Bloomberg. Despite a new mayor and new police commissioner, the NYPD continues its practice of making penny-ante pot arrests, especially of non-white people. Some 86% of those busted under de Blasio were black or Latino. New York State decriminalized personal possession of small amounts of marijuana in 1977, yet over the last twenty years, marijuana possession has become a top law enforcement priority, with nearly 600,000 people having been arrested under this provision in New York City alone, often as the result of an illegal search or as the result of a stop-and-frisk encounter when police demand an individual "empty their pockets," thus exposing marijuana to public view.

Marijuana Decriminalization Now in Effect in Philadelphia. As of today, getting caught with a little pot in Philadelphia will face no more than a $25 fine ($100 if caught smoking it) and, possibly, up to nine hours of community service. The city council approved the measure in June, and Mayor Michael Nutter (D) signed the bill into law October 1.

Wichita Advocates Try Again With New Decriminalization Initiative. Hoping that the second time is the charm, Kansas for Change is plotting a new municipal decriminalization initiative. An effort earlier this year came up short after more than half the signatures turned in turned out to be invalid. They will need to gather 3,000 valid signatures by February 19 to make the deadline for the April 2015 ballot.

NORML PAC Endorses Cory Booker in New Jersey US Senate Race. NORML is standing by Sen. Cory Booker (D) in his bid for reelection in New Jersey. The advocacy group's political action committee has again endorsed Booker, as it did during his 2013 election campaign. "Senator Booker kept the promises he made to champion crucial criminal justice and marijuana reform issues in his first term," said NORML PAC manager Erik Altieri. "If reelected for a full six year term this fall, he will be a strong crusader for rolling back our failed war on cannabis at the federal level. We encourage New Jersey voters to support him in his campaign."

Medical Marijuana

Guam Judge Dismisses Lawsuit; Medical Marijuana Vote to Go Ahead. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Asset Forfeiture

Arizona Tribal Police Seize Student's Car Over Single Joint. An Arizona State University student is going public with her complaint that the Salt River Pima-Maricopa tribal police seized her vehicle over a single marijuana cigarette. The student, identified only as Kayla, said she was pulling over for a traffic infraction, admitted to having a joint, and was then arrested for possession and DUI and her car seized. The Indian tribe's laws allow for forfeiture even for minor marijuana possession. Kayla got her car back 4 ½ months later, but only because it was registered to someone else. The tribe remains unrepentant.

Heroin

Nevada State Senator Calls for Prescription Heroin Clinics. State Sen. Tick Segerblom (D-Las Vegas) is calling for the creation of heroin clinics, where addicts could get prescribed doses of the drugs, as a means of dealing with addiction and issues associated with it. He said he will introduce a bill to that effect in the 2015 legislative session. The clinics would also provide counseling and therapy. "The goal is to get people off the street, out of the criminal element, address their addiction and then hopefully figure out a way to get them off of the drug," Segerblom said.

Sentencing

Massachusetts Supreme Judicial Court Chief Justice Calls for end to Mandatory Minimums. New chief justice of the Supreme Judicial Court Ralph Gants has called for the repeal of mandatory minimum sentences in his first public address since assuming the office. Gants, a former federal prosecutor, noted the "disparate impact" of such sentences on racial and ethnic minorities and challenged drug war orthodoxy. "How well is the status quo working?" he asked. "Heroin is cheaper, more easily available, and more deadly than it has been in my lifetime," he added. "Drug overdose is now the leading cause of accidental death in Massachusetts, exceeding motor vehicle accidents."

Law Enforcement

Facebook Tells DEA to Stop Creating Fake Accounts. The social media giant has sent a strongly-worded letter to the DEA telling the agency to stop creating accounts impersonating real people in its bid to catch drug criminals. The Facebook move comes after the agency was revealed to have used the identity of a real woman, including posting revealing photos of her, as part of its drug-fighting efforts. Facebook is "deeply troubled" by the incident, the letter says, especially since it violates its rules about only using real identities.

International

Mexico Social Media Cartel Watcher Kidnapped, Killed, Body Shown on Her Hacked Twitter Account. Reynosa physician Dr. Maria del Rosario Fuentes Rubio participated in social media crime watch activities, reporting on the doings of drug cartel members, and it cost her her life. She was kidnapped last week and her Twitter account hacked. A photo of her dead body appeared on it, along with a message warning others on her network to close their accounts. "Today my life has reached its end," read one hacked tweet. "I can only tell you not to make the same mistake I did," said another. The hackers also directly threatened another citizen journalist, @ValorTamaulipas, warning that "death is closer than you think."

Mexico Police Arrest Drug Gang Leader Linked to Missing Students. Mexican authorities said last Friday they had arrested Sidronio Casarrubias Salgado, head of the Guerrero Unidos drug trafficking organization. The group has been linked to the disappearance of 43 radical teachers' college students, who went missing after participating in political demonstrations in Iguala. Several mass graves have been found, but it's not clear if the bodies in them are those of the missing students. The incident has led to massive public protests and become a serious crisis for the government of President Enrique Pena Nieto. The same day Casarrubias was arrested, thousands marched in Acapulco to demand the students be found alive. Days earlier, demonstrators set fires in government buildings in the state capital of Chilpancingo.

Honduras Beefs Up Air Force for More, Better Drug War. The Honduran Air Force has purchased two combat fighters from Brazil's Embraer for $29 million and been donated four helicopters worth $36 million from Taiwan as part of an effort to step up its fight against drug traffickers. Honduran President Juan Hernandez has pledged to crack down on drug trafficking, and the Honduran Congress has given the okay to shoot down suspected drug planes transiting national air space.

Marijuana Smoke-In in Melbourne Goes Unimpeded by Police. Some 200 people gathered in Melbourne, Australia, Sunday for a marijuana reform rally that included lots of people smoking pot. Victoria State Police didn't bother to show up.

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: OR Battle of the Moms, San Jose Dispensaries Gone, Four Pillars Revisited, More (10/17/14)

Oregon moms take stands on Measure 91, a new Delaware poll has healthy support for legalization, say goodbye to most of San Jose's dispensaries, there's an asset forfeiture reform bill in Virginia, and more. Let's get to it:

Highway traffic stops often result in asset forfeiture actions. Virginia is the latest state to see a reform bill. (flickr.com)
Marijuana Policy

Moms Rally For and Against Oregon Initiative. It was the battle of the moms today in Oregon as mothers for and against the Measure 91 legalization initiative held opposing rallies. The pro side met in Portland, while the anti side met in Lake Oswego. The moms for 91 included mothers who came from Colorado and Washington and spoke of the experiences there. Click the link for more detail.

Delaware Poll Has Healthy Majority for Legalization. A University of Delaware poll released Thursday has support for marijuana legalization at 56%, with only 39% opposed. Majorities in all three of the state's counties supported legalization. "I would say the numbers suggest solid support for fully legalizing marijuana in Delaware," said Paul Brewer, the political communications professor at the University of Delaware who supervised the poll. "The results also reflect what's going on in public opinion at the national level, where the trends show a growing majority favoring legalization." Click on the link for a broader discussion of pot politics in the state.

Medical Marijuana

The Bell Tolls for San Jose Dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of today, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

Oregon Court Rules Local Governments Can Ban Dispensaries. In a Thursday ruling, a Josephine County Circuit Court judge has held that local governments can restrict or ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

Asset Forfeiture

Asset Forfeiture Reform Bill Filed in Virginia. Del. Mark Cole (R-Fredericksburg) has filed a bill that would require a criminal conviction before authorities could seize property. Under current state law, a criminal conviction is not required for asset forfeiture to take place. "While I certainly do not want to make the job of our law enforcement officials harder, I believe we need to strengthen our property protections to avoid potential abuse or the taking of property from an innocent person," he said. The bill is HB 1287. It's strange bedfellow supporters include tea party groups and the ACLU.

International

Vancouver's Four Pillar Policy: Where Is It Now? It's been 13 years since Vancouver approved a groundbreaking, progressive drug policy that explicitly included controversial harm reduction provisions, as well as treatment, prevention, and law enforcement (thus, the four pillars). Now, a new series available via broadcast or podcast, examines where Four Pillars is today, what it has achieved, and whether it can last. Click on the link for more details and to find out where and how to watch.

Chronicle AM: ACLU Drug Reformer to Big DOJ Post, OR Init Leading, FL MMJ Init Trailing, More (10/16/14)

Polls have the Oregon initiative up, but the Florida initiative down; a marijuana march in New Jersey takes place on Saturday, Obama nominates a drug reformer to a key Justice Dept. position, a Dutch court sticks a thumb in the government's eye, and more. Let's get to it:

ACLU drug and sentencing reformer and racial justice fighter Vanita Gupta is nominated to lead the DOJ's Civil Rights Division.
Marijuana Policy

Latest Poll Has Oregon Legalization Initiative Up By Nine Points. An Oct. 8-11 survey taken for Oregon Public Broadcasting has the Measure 91 legalization initiative at 52% of the vote with 41% opposed. If these numbers hold true, even if all undecided ended up voting "no," the initiative would still pass.

NJ Weedman to Lead Legalization March Saturday in Trenton. New Jersey marijuana activist Ed Forchion, also known as the NJ Weedman, is leading a legalization march this Saturday in Trenton. Click on the link for more details.

Medical Marijuana

Americans for Safe Access Launches "Vote Medical Marijuana" Campaign. The medical marijuana defense and advocacy group aims to educate voters ahead of next month's elections with a new 30-second online TV advertisement that will air on Sunday cable news programs in Detroit, Philadelphia, South Florida, and Washington state. The campaign also includes an interactive online voters' guide at VoteMedicalMarijuana.org. Check it out at the links.

Another Poll Has Florida Initiative Coming Up Short. A new Tampa Bay Times/Bay News 9/UF Bob Graham Center poll has the Amendment 2 medical marijuana initiative at 48% of the vote with 44% opposed and 7% undecided. Because the initiative is a constitutional amendment, it needs 60% to win. This is just the latest in a series of polls showing the initiative failing to reach that mark. Click on the link for more poll details.

Drug Policy

Obama Nominates ACLU Attorney with Strong Drug Reform Record to Head Justice Department Civil Rights Division. The Obama administration has nominated ACLU attorney Vanita Gupta to head the Justice Department's civil rights division. Gupta has been a stalwart drug reformer, working to obtain justice for the victims of racially biased drug enforcement in Tulia, Texas, currently leading the ACLU's National Campaign to End Mass Incarceration, and speaking out frequently about drug war injustices and against mandatory minimum sentencing. "The war on drugs has been a war on communities of color," she wrote in 2011. She is also a strong supporter of marijuana law reform, including legalization.

International

Unprecedented Swarm of Overdoses at Vancouver Safe Injection Site -- But No One Died. Vancouver's InSite safe injection site has seen 31 overdoses in two days, a record for the facility. The ODs came on Sunday and Monday, and speculation is that a particularly strong batch of heroin, perhaps laced with fentanyl, is responsible. It's worth noting that no one died in the InSite overdoses, where medical attention is at hand. In fact, no one has ever died of an overdose at InSite. The batch of heroin has claimed at least one life, though -- a 20-something woman who died in a hostel on the Downtown East Side. There was no medical attention on hand for her. "Heroin overdoses don't need to be fatal," said Gavin Wilson of the Vancouver Coastal Health Authority, which runs InSite. "They're reversible if caught in time."

Guatemala Weighing Softer Drug Punishments. President Otto Perez Molina has told Reuters that the country is considering reducing drug sentences for small-time offenses as part of its push to liberalize its drug policy. "We have 17,000 prisoners in our jails. Many of them are linked to drug trafficking. Some of them are indeed criminals. And there are some who are in for minimal amounts of consumption or possession," Perez said. "So I think there are steps we could take time to analyze," he added, when asked about the possibility of easing sentences to lighten the strain on Guatemala's overstretched penal system. The government received an interim report from a commission studying possible drug policy changes last month, and Perez said final recommendations would be ready sometime in the first half of next year. He also said that his government is considering regulating medical marijuana and opium poppy production for medical purposes.

Dutch Court Refuses to Punish Marijuana Growers. A court in Groningen has found two people guilty of growing marijuana, but refused to punish them, instead criticizing the government's policy that criminalizes pot growing but allows its sale in the country's famous cannabis coffee shops. "The court finds the suspects guilty, but no punishment will be applied," the court said in its ruling. "Given that the sale of soft drugs in coffee shops is tolerated, this means that these coffee shops must supply themselves and so cultivation must be done to satisfy these demands. The law does not state how this supply should be done," the court said. The Groningen growers had been open about their activities, and the court found they had acted within the spirit of the marijuana laws, acting "in the interests of public health and so as to not disturb the public order."

Chronicle AM: State Dept. Okay With Legalization Elsewhere, Bolivia's Morales Reelected, More (10/14/14)

The State Department's point man on international drug affairs signals a new flexibility in US policy, Bolivia's coca farmer President Evo Morales wins reelection, the DC initiative wins more endorsements, the Florida medical marijuana initiative is in danger, and more.

Assistant Secretary of State for International Narcotics and Law Enforcement William Brownfield says some surprising things.
Marijuana Policy

DC Initiative Picks Up Labor, Working Families Endorsements. DC's Measure 71 marijuana cultivation and possession legalization initiative has been endorsed by two labor unions and a District-based activist group. The Service Employees International Union (SEIU) and the United Commercial Food Workers (UCFW) have come on board, citing the elimination of racially discriminatory enforcement and the removal of barriers to job opportunities. So has DC Working Families, a progressive social justice activist group.

Northern California Marijuana Summit Being Planned in Advance of 2016 Effort. Aware that a well-connected California marijuana legalization initiative is coming in 2016, some Northern California counties are laying the groundwork for a regional summit on the issue. Mendocino County CEO Carmel Angelo told county supervisors last week that the impending legalization initiative had led her to have discussion with other county CEOs about forming a Northern California Cannabis Summit next year. The proposed meeting would discuss possible economic, regulatory, taxation and policy implications to prepare for 2016 legalization.

Medical Marijuana

Latest Poll Has Florida Initiative at 52% -- It Needs 60% to Win. A new poll with a large sample and small margin of error has the Amendment 2 medical marijuana initiative coming up short. According to the SaintPetersBlog poll, a slim majority (52%) supports the initiative, but that's not enough because, as a constitutional amendment, it needs 60% of the vote to pass. The poll sample consisted of 3,128 Florida registered voters who said they were planning to vote in the election and has a margin of error of +/- 1.8%. The poll is roughly in line with other recent surveys that have shown Amendment 2 polling in the 50s.

Drug Policy

State Department's Drugs Point Man Signals US Flexibility on Drug Reform. In a speech last week at the United Nations, Assistant Secretary of State William Brownfield, the head of the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), made it clear that the US is willing to embrace flexibility, up to and including drug legalization in other countries, in the face of rising calls for international drug reform. Brownfield succinctly laid out the US approach: "First,... respect the integrity of the existing UN Drug Control Conventions. Second, accept flexible interpretation of those conventions. The first of them was drafted and enacted in 1961. Things have changed since 1961. We must have enough flexibility to allow us to incorporate those changes into our policies. Third, to tolerate different national drug policies, to accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs. All these countries must work together in the international community. We must have some tolerance for those differing policies. And our fourth pillar is agreement and consensus that whatever our approach and policy may be on legalization, decriminalization, de-penalization, we all agree to combat and resist the criminal organizations -- not those who buy, consume, but those who market and traffic the product for economic gain. Respect the conventions; flexible interpretation; tolerance for national polices; criminal organizations -- that is our mantra." Click on the link to read the entirety of his remarks.

Houston Mayor Calls for "Complete Rethinking" of Nation's Drug Laws. Ten minutes into an interview with Dean Becker of the Drug Truth Network Annise Parker (D) unloaded on drug prohibition: "I agree with you that we need a complete rethinking of the nation's drug laws," she told Becker. "We have seen over and over again that outright prohibition doesn't work. We saw that in the '20s when the prohibition in this country fueled the rise of organized crime. At the same time we don't want in any way to send a message that illegal drugs are approved or appropriate, but we need to figure out a way to go to managing these drugs rather than simply saying, 'Don't do it or we are going to treat all illegal drugs the same.'" There is more; click on the title link to hear the whole thing.

International

Bolivia's Coca Farmer President Cruises to Easy Reelection. Coca farmer union leader Evo Morales has easily won reelection to an unprecedented third term as Bolivia's president. He won 59.5% of the vote, more than doubling the vote total of his nearest challenger in a five-man field and obviating the need for a runoff election. Although it remains one of the hemisphere's poorest countries, Bolivia's economy has flourished under the rule of Morales and his Movement to Socialism (MAS). The US has criticized Bolivia over its coca policies, but that didn't seem to be much of an issue in the elections.

Chronicle AM: VT Pot Poll, OH College Student Athlete Drug Test Bill, Drugs and Pregnancy, More (10/10/14)

The legalization initiatives in DC and Oregon pick up endorsements, Colorado legal marijuana sales keep on increasing, a Vermont poll has a plurality for legalization, drug use among pregnant women is in the news, Mexico busts another cartel leader, and more. Let's get to it:

Gary Johnson's Our America Initiative endorses the DC legalization initiative. (ouramericainitiative.com)
Marijuana Policy

Gary Johnson Group Endorses DC Legalization Initiative. The Our America Initiative, a non-partisan group headed by former Republican New Mexico and Libertarian presidential candidate Gary Johnson, has endorsed the Measure 71 marijuana possession and cultivation legalization initiative. The Our America Initiative includes ending marijuana prohibition in its list of national projects, along with ending warrantless NSA spying, abolishing the IRS, and requiring presidential debates to include all viable candidates.

Oregon Social Workers Endorse Legalization Initiative. The Oregon chapter of the National Association of Social Workers (NASW) has endorsed the Measure 91 legalization initiative. "We conclude that the measure's approach to marijuana use as a public health issue is more consistent with the social work profession's mandate, than Oregon's current treatment of non-medical marijuana use," the group said in a statement. Click on the title link for more.

Vermont Poll Finds Narrow Plurality of Voters Favoring Legalization. A WCAX TV poll found that 49% of respondents support marijuana legalization, with 43% opposed. The issue has polled better in previous polls, but those were polls of the general population -- not voters. Support is strongest among youthful respondents at 59%, but that is the age group least likely to vote.

Colorado Legal Marijuana Sales Up 10% in August. The state Department of Revenue reported Thursday that marijuana retailers sold $33 million in recreational weed last month, up 10% over the previous month. So far this year, marijuana sales (recreational and medical) have generated $45.2 in tax revenues.

Drug Testing

Ohio Bill Would Make College Athletes Take Mandatory Drug Tests. A bill filed Wednesday, House Bill 633, would make Ohio the first state in the nation to require mandatory, suspicionless drug testing of student athletes at public colleges and universities. The bill would require all athletes to be drug tested during an annual physical and before any championship games. Colleges and universities would also have to adopt policies to punish athletes caught using substances banned by the NCAA, including marijuana, but not alcohol. Rep. Peter Beck (R-Macon) said he doesn't believe there is a drug problem among college athletes, but he wants any using drugs to be found and placed in drug treatment. The state legislative session ends in December.

Pregnancy

Call for Justice Department to Renounce the Criminalization of Pregnancy. Some 48 reproductive justice, drug reform, women's rights, and civil liberties groups led by National Advocates for Pregnant Women have sent a letter to the Justice Department calling on Attorney General Holder to move away from policies that enhance criminal sentences for crimes committed while pregnant. The letter was inspired by the case of Tennessee woman Lucy Weld, who pleaded guilty to conspiracy to manufacture meth and was hit with an additional six years in prison because she was pregnant when she committed the offense. The federal prosecutor in the case, US Attorney William Killian, used the case to "send a message" that he would seek sentencing enhancements in similar cases.

Growing Calls for Drug Testing of Pregnant Women. Faced with a growing number of infants born exposed to drugs while still in the womb, medical and other groups are increasingly calling for universal drug screening and/or drug testing of pregnant women. The American Congress of Obstetricians and Gynecologists and the Association of State and Territorial Health Officials are calling for verbal drug screening followed by a drug test if necessary and agreed upon. The American Medical Association also endorses universal screening. But pregnant rights advocates argue that screening for drug use is more likely to lead to punishment or loss of custody rather than drug treatment. "Instead, what we see over and over again is that screening is used as a tool for reporting mothers to child welfare services and police enforcement," said Kylee Sunderlin of National Advocates for Pregnant Women. "So even if the screening is universal, the reporting is not, which means that low-income women and women of color will continue to be vastly over-represented in punitive child welfare interventions and, in some states, arrests." Click the link for more details.

International

Mexico Nabs Another Cartel Capo. Mexican federal police Thursday arrested Vicente Carrillo Fuentes, reputed head of the Juarez cartel, in a "routine traffic stop" in Torreon. Carillo Fuentes is the brother of Amado Carillo Fuentes, who picked up the sobriquet "Lord of the Skies" for using jet liners to fly drug loads from South America to Mexico before his death in a botched cosmetic surgery operation in 1997. Vicente Carillo Fuentes is just the latest cartel leader busted or killed during the Pena Nieto presidency. Hector Beltran Leyva was captured just last week; Sinaloa cartel head Joaquin "El Chapo" Guzman was captured in February, Zetas leader Miguel Angel Trevino was captured in July 2013, and Gulf cartel head Jorge Eduardo Costilla was caught in September 2012.

Chronicle AM: Alaska Poll Battle, NE Anti-Heroin Campaign, NYC Psychedelic Conference, More (10/9/14)

Polls continue to split on the Alaska initiative, Illinoisans are lining up for medical marijuana, four Northeastern states unite to fight heroin, Canada's largest addiction center calls for marijuana legalization, and more. Let's get to it:

heroin (wikimedia.org)
Marijuana Policy

Polls Split on Alaska Initiative. The fate of Alaska's Measure 2 legalization initiative remains up in the air. Polls this week commissioned by the opposing sides had differing results. A Dittman Research poll sponsored by the "Big Marijuana, Big Mistake, Vote No on 2" campaign has the measure losing 44% to 53%. But the Alaska Survey poll, in which the Campaign to Regulate Marijuana Like Alcohol paid for a marijuana policy question to be asked, had the initiative winning 57% to 39%. Both polls claimed a +/- 4% margin of error, but even so, both of them can't be right. The split in polls has been evident throughout the campaign. Stay tuned.

Medical Marijuana

More Than 6,000 Illinoisans Have Applied for Medical Marijuana Cards. The Department of Health reported Wednesday that some 6,300 state residents have applied for permission to use medical marijuana, with cancer, fibromyalgia, multiple sclerosis, and spinal cord injuries being the most common health conditions mentioned. But the department also noted that the vast majority of applications were incomplete; only 800 have submitted complete applications, which include a doctor certification form and background check information. People whose applications are incomplete will be notified and then will have 21 days to complete them.

Guam Election Commission Seeks to End Legal Challenge to Medical Marijuana Initiative Vote. The commission has asked the US District Court on the island territory to dismiss the petition for a writ blocking the vote filed by local attorney Howard Trapp. Trapp has argued that the legislature cannot send an initiative to the voters, but the Election Commission and the Guam Supreme Court have already rejected his claim.

Drug Policy

Drug Czar Claims Marijuana Legalization Undermines Fight Against Opiates. In a speech yesterday in Maine, acting head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Michael Botticelli argued that the trend toward marijuana legalization is making the fight against more serious drug problems, such as the abuse of prescription opioids, more difficult. He said that early use of marijuana increases the likelihood that users will develop dependency on other drugs. "It's hard to say at one level that we want to think about prescription drug abuse and heroin abuse without looking at how to prevent kids from starting to use other substances from an early age," he said.

Heroin

Four Northeastern States Create Anti-Heroin Task Force. Massachusetts, New Jersey, New York, and Pennsylvania officials Wednesday announced the formation of the Northeast and Mid-Atlantic Heroin Task Force (NEMA-HTF) in "an unprecedented law-enforcement collaboration to combat the growing problem of heroin distribution and abuse in communities throughout the region." Attorneys General from the four states will work together to try to repress the heroin trade. "For too long, drug organizations have tried to outmaneuver law-enforcement agencies by crossing state lines. This task force will ensure that our borders do not become our boundaries," said New York Attorney General Eric Schneiderman. "By joining together, we can prevent defendants from using state borders as a shield from law-enforcement and allow us to shut down the pipelines and cut off the heroin supply."

Why Are We Freaking Out About Heroin? Wonkblog Asks. The Washington Post's Wonkblog has an insightful piece about the level of heroin use in the country and the public policy response it has engendered. The piece notes that "hardly anyone uses heroin" and is full of crunchy numbers and thoughtful commentary. "Overall, it's important for the public -- and particularly the media -- to keep some perspective when it comes to the numbers on heroin," the piece concludes. "It doesn't make a lot of sense to speak of 'epidemics' when use rates continue to hover somewhere between 0.1 and 0.5% of the total population. And kneejerk legislating will only make the problem worse." Click on the link for the full piece.

Psychedelics

New York City Conference on Psychedelics This Weekend. The eighth annual Horizons: Perspectives on Psychedelics conference will be held at Judson Memorial Church and The New School in Greenwich Village on October 11 and 12. Horizons focuses on contemporary research into the applications of psychedelics, providing an invaluable forum for experts to share ideas, insights, and to rethink the future of these drugs in science, medicine, culture, and history. This year, professors, researchers, writers and practitioners from the United States, England and Switzerland will be presenting findings and insights in the fields of neuroscience, terminal anxiety disorder, depression, hard drugs addiction, sexual orientation and identity, and more. Click on the links for more information.

International

Canada's Largest Addiction Center Calls for Marijuana Legalization. In a report issued today, Canada's largest addiction center calls for marijuana legalization with a strict regulatory approach. The recommendation is based in harm reduction principles. The Center for Addiction and Mental Health (CAMH) in Toronto made the call for legalization in its report CAMH's Cannabis Policy Framework. It comes after an in-depth analysis of the health, social, and legal implications of marijuana use, as well as an examination of comparative marijuana policy, by CAMH scientists and policy experts. "Canada's current system of cannabis control is failing to prevent or reduce the harms associated with cannabis use," said Dr. Jürgen Rehm, Director of the Social and Epidemiological Research Department at CAMH. "Based on a thorough review of the evidence, we believe that legalization combined with strict regulation of cannabis is the most effective means of reducing the harms associated with its use."

Myanmar Moving Toward Reducing Drug Penalties. Deputy Minister for Home Affairs Brigadier General Kyaw Kyaw Tun has told members of parliament that the government is preparing to review sentences for drug use, which currently range from five to 15 years in prison. "Officials from the Central Committee for Drug Abuse Control, the Union Attorney-General's Office and the Union Supreme Court are drawing up an amendment law," the deputy minister said. The Myanmar government has been moving to shift drug penalties since 2012.

Canada's Largest Addiction Center Calls for Marijuana Legalization

In a report issued today, Canada's largest addiction center called for marijuana legalization with a strict regulatory approach. The recommendation is based in harm reduction principles.

The Center for Addiction and Mental Health (CAMH) in Toronto made the call for legalization in its report Cannabis Policy Framework. It comes after an in-depth analysis of the health, social, and legal implications of marijuana use, as well as an examination of comparative marijuana policy, by CAMH scientists and policy experts.

"Canada's current system of cannabis control is failing to prevent or reduce the harms associated with cannabis use," said Dr. Jürgen Rehm, Director of the Social and Epidemiological Research Department at CAMH. "Based on a thorough review of the evidence, we believe that legalization combined with strict regulation of cannabis is the most effective means of reducing the harms associated with its use."

The report found that 40% of Canadians have used marijuana at least once and 10% have used it in the past year. Among people aged 15 to 24 that figure jumps to 20%.

CAMH does not view marijuana as a benign substance and thus calls for a very strong regulatory approach.

"Cannabis use is associated with a variety of health harms like problems with cognitive and psychomotor functioning, respiratory issues, cannabis dependence and mental illness," Rehm said. "For this reason, any reform of Canada's system of cannabis control must include a strong focus on prevention and a range of interventions aimed at groups that are at higher risk of harm, including youth and people with a personal or family history of mental illness."

But CAMH also clearly recognizes the harm derived from marijuana prohibition. The group noted that criminalization doesn't deter use, but does drive users away from prevention, risk reduction, and treatment services, as well as exposing them to non-quality controlled substances.

CAMH is calling for a government monopoly on sales, as well as other restrictions.

"Legalization of cannabis must be governed by strict regulations that ensure it is not sold like other commodities," Rehm said. "This would include a government monopoly on sales, limits on availability, a pricing system that discourages use of higher-harm products, and a ban on marketing."

Canada's governing Conservatives have proven extremely averse to marijuana law reform and have, in fact, moved in the opposite direction through measures such as instituting mandatory minimum sentencing for some marijuana cultivation offenses. The leader of the opposition Liberal Party, Justin Trudeau, on the other hand, is calling for marijuana legalization. National elections are set for next year.

"We've known for a long time that the existing approach to cannabis policy is not working," said Dr. Rehm. "We want this framework to add to an informed discussion about the future of cannabis policy and to serve as a guide to the factors that need to be considered in order to come to a solution that is the most beneficial for public health. We believe that the best solution is a system of legalization combined with strict regulation of cannabis."

Toronto
Canada

Chronicle AM: Dallas to Stop Marijuana Arrests, Rick Steves Campaigns, DEA Agent Makes Fake Facebook Page, More (10/7/14)

It's crunch time for those marijuana initiatives, Dallas will quit making small-time pot arrests, Colorado's governor disses the voters, Pennsylvania's medical marijuana bill is stalled, and more. Let's get to it:

Marijuana Policy

Dallas to Quit Arresting People for Small-Time Marijuana Possession. Starting in January, police in Dallas County, Texas, will only ticket -- not arrest -- people caught in possession of two ounces or less of marijuana. But those cited will still face misdemeanor charges, a fine of up to $2,000 and up to six months in jail (though that is rarely the case). The state legislature in 2007 voted to allow jurisdictions to implement cite-and-release, but only a handful of locales in the state have exercised that option.

Legalization Initiative Campaign Kicks Off in Lewiston, Maine. The campaign to legalize marijuana locally through ballot initiatives in Lewiston and South Portland, Maine, kicked off its final month of electioneering with a rally today in Lewiston. The effort is led by the Marijuana Policy Project and is part of a plan to legalize the herb statewide in the near future. Portland, the state's largest city, passed a similar initiative last year.

Rick Steves Hits the Road for the Oregon Legalization Initiative. The charming and mild-mannered PBS travel show host is kicking off a 9-stop tour in support of Measure 91. Steves, who lives in next-door Washington state, also played a critical role in that state's successful 2012 legalization initiative.

DC Council Votes to Strengthen Law to Seal Records for Past Marijuana Arrests. The DC Council voted unanimously today in favor of a bill that would improve the process by which a person can seal criminal records pertaining to conduct that has since been decriminalized or legalized. The council is expected to take a final vote on the bill in late October and it will then go to Mayor Vincent Gray for his review. The council decriminalized marijuana possession earlier this year, and the Measure 71 possession and cultivation legalization initiative appears poised to pass in November.

Colorado Governor Says Voters Were "Reckless" to Legalize Marijuana. Gov. John Hickenlooper (D) said during a campaign debate with Republican challenger Bob Beauprez that Colorado voters were "reckless" for voting to legalize marijuana. "Any governor that looks at doing this before we see what the consequences are, I would view it as reckless," he said. But what about voters who voted for it? "I think for us to do that without having all the data, there is not enough data, and to a certain extent you could say it was reckless. I'm not saying it was reckless because I'll get quoted everywhere, but if it was up to me I wouldn't have done it, right. I opposed it from the very beginning. In matter of fact, all right, what the hell -- I'll say it was reckless." Hickenlooper may call voters "reckless," but he has overseen the good faith implementation of the voters' will. Beauprez opposes marijuana legalization.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Appears Stalled in House. The state Senate last month passed a restrictive medical marijuana bill, Senate Bill 1182, but even that appears to be too much for the Republican-controlled House. Spokesmen for House Majority Leader Mike Turzai (R-Allegheny County) said the body wants to carefully study the bill, including holding public hearings. That means there is virtually no chance it will come to a vote this session. But some Democrats have some legislative maneuvers planned, including trying to attach it to another bill, so stay tuned.

Law Enforcement

Grand Jury Fails to Indict Cops in "Baby Bou Bou" Georgia SWAT Raid. A grand jury in Habersharm County has decided against charging any police officers in a botched drug raid in which a toddler was severely injured by a flash-bang grenade thrown by a SWAT officer. "Baby Bou Bou" Phonesvanh's nose was nearly blown off his face and he spent weeks hospitalized after the raid, in which no drugs were found and no one was arrested. The county has also refused to pay the child's medical bills. Look for a civil suit to come.

DEA Agent Set Up Fake Facebook Page in Woman's Name Without Her Consent. A DEA agent investigating a drug case took over a woman's identity, creating a fake Facebook page in her name and posting racy photos from her seized cell phone. The woman was a minor player in a drug case and didn't know her identity had been commandeered until friends asked her why she was posting racy photos. The woman hadn't even set up a Facebook page of her own. DEA Agent Timothy Sinnigen set up the fake page and used it to communicate with at least one drug suspect. Now, the Justice Department is arguing in federal court that it was perfectly okay for him to do so. Click on the link to read the whole sordid tale.

Sentencing

Ten Percent Drop in Federal Prison Sentences of a Year or More. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reports that the number of federal prison sentences of a year or more has dropped by 10% over the past five years. Only about one in four people convicted of federal crimes received sentences of greater than a year. Drug offenders accounted for nearly one-third (32.4%) of them. The TRAC data doesn't specify whether this figure has gone up or down in the past five years.

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: NY Times Backs Marijuana Initiatives, UK Lib Dems Approve Drug Reforms, More (10/06/14)

The nation's leading newspaper endorses three marijuana legalization initiatives, the FDA sticks up for Zohydro, British Lib Dems endorse drug reforms as a new British poll suggests growing public support, Ecuador begins freeing drug mules under a new law, and more. Let's get to it:

Marijuana Policy

New York Times Endorses Alaska, Oregon, DC Legalization Initiatives. The editorial board of the New York Times endorsed all three initiatives in a Sunday editorial. The newspaper of record noted that all three entities had already legalized medical marijuana, and it "makes good sense" to go the rest of the way. "Opponents of legalization warn that states are embarking on a risky experiment," the newspaper said. "But the sky over Colorado has not fallen, and prohibition has proved to be a complete failure. It's time to bring the marijuana market out into the open and end the injustice of arrests and convictions that have devastated communities."

Oregon Legalization Campaign Gets Another $300,000 Donation. The Drug Policy Action Network, the campaign and lobbying arm of the Drug Policy Alliance, has kicked in another $300,000 for the Measure 91 legalization campaign. That means the group has now donated nearly a million dollars to the campaign, which has raised nearly $3 million overall.

Medical Marijuana

Pennsylvania Medical Marijuana Pilot Program Gets Underway. Three children's hospitals and the Department of Health are doing a research study on the use of CBD cannabis oil in children. The project, announced in May, is now underway. A broader, but still restrictive, medical marijuana bill has passed the Senate and awaits a vote in the House.

Drug Policy

Poll Finds Most See Drug Addiction as Moral Failing. Most Americans consider drug addiction a personal vice rather than a medical condition, according to a new poll from the Johns Hopkins Bloomberg School of Public Health. Respondents were much more likely to approve of helping people with mental illness than with drug addictions, the poll found. "While drug addiction and mental illness are both chronic, treatable health conditions, the American public is more likely to think of addiction as a moral failing than a medical condition," study leader Colleen Barry, an associate professor in the department of health policy and management, said in a Hopkins news release. "In recent years, it has become more socially acceptable to talk publicly about one's struggles with mental illness. But with addiction, the feeling is that the addict is a bad or weak person, especially because much drug use is illegal," she added.

Prescription Opiates

FDA Responds to Critics on Zohydro. Responding to months of criticism over its decision to approve the prescription opiate pain reliever Zohydro ER, a trio of Food and Drug Administration (FDA) officials have written a piece in the Journal of the American Medical Association saying approval of the drug was warranted and criticism of the agency was misguided. Concentrating on one drug during a time of heightened concern over opiate misuse does not address the underlying problems of widespread misuse and physician overprescribing, they write. "The problem of opioid overdose demands well-informed policies. The actions taken by FDA may help to reverse the epidemic," they wrote. "Policies that focus on a single drug can divert focus from broader, further-reaching interventions… The concerns over Zohydro ER should be seen in the greater context of the opioid epidemic. Singling out one drug for restrictions is not likely to be successful."

International

British Liberal Democrats Approve Drug Reform Platform. The Lib Dems, junior partners in a coalition government with the Conservatives, Sunday approved a drug policy plank that calls for the decriminalization of drug possession and for the tightening of laws allowing police to stop and search people suspected of drug crimes. That puts them at odds with their coalition partners. The Lib Dems have presented their drug policy platform within the broader context of reducing crime, which has been going down, and reducing re-offending.

Poll Finds Most British Think Drug War a Huge Failure. A new Guardian poll finds that 84% think the war on drugs cannot be won, with 39% supporting the decriminalization of drug possession and a slight majority (52%) supporting marijuana legalization initiatives like those in Colorado and Washington. Click on the poll link for much more detail and discussion.

Ecuador Freeing Thousands of Drug Mules. Under a law that went into effect in August, Ecuador has begun quietly freeing thousands of people convicted of low-level cocaine smuggling offenses. The new law retroactively reduced jail sentences for drug mules, with some 500 already freed and at least another 2,200 to follow. The sentence reductions come only after a court hearing, which the prisoner must request. President Rafael Correa's father spent three years in a US prison as a drug mule.

UNODC Head Says Drug Legalization Could Cause More Deaths. Yuri Fedotov, head of the UN Office on Crime and Drugs (UNODC), said today that drug legalization could lead to increased consumption and more deaths. He was responding to a report last month from the Global Commission on Drug Policy that called for "experiments in legally regulating markets in currently illicit drugs," which he rejected. "I believe that such experimentation certainly will make drugs more available and (cheaper)," Fedotov said. "It means that we may face increased consumption of psychoactive substances which may result in more death and more suffering of individuals (and) their families."

Colorado and Washington Help Make the Case for Oregon's Measure 91 [FEATURE]

As Oregon voters consider Measure 91, an initiative on the November ballot that would regulate, legalize and tax marijuana for adults 21 and older, many are looking to how similar laws are affecting Colorado and Washington. Measure 91 supporters Tuesday brought together a panel of experts from those two pioneering states to make the case that marijuana legalization is a winner, with more positives than negatives for states that have taken the step.

With marijuana legalization, there has been a lot less of this... (wikimedia.org)
Admittedly, we have not had a lot of time to judge -- Colorado began allowing legal, regulated sales only this January and the first marijuana stores in Washington didn't open until July -- but early results have been promising.

In Colorado, the state has already taken in more than $27 million in taxes and fees, with more than $5 million already allocated to building schools. At the same time, violent crime in Denver has declined by 5.2%, even as the state is set to save somewhere between $12 million and $40 million in annual criminal justice system costs, according to the Colorado Center on Law and Policy.

Both a Drug Policy Alliance six-month status report and a Brookings Center report on Colorado's situation have also found that legalization there is proceeding relatively smoothly, with few bumps.

In Washington state, the reviews are fewer since retail stores just began operating in July (although Brookings has issued a report), but customers bought $3.2 million worth of legal weed that first month, with sales doubling to more than $6.9 million in August. More than another $6 million worth had been sold in the first three weeks of September. Tax revenues from legal marijuana sales are estimated to reach $636 million over the next five years.

But while Washington retail sales have just gotten underway, the legalization of personal possession has been the law since the beginning of 2013, and the results on that front are remarkable. According to official state court data, the number of misdemeanor marijuana charges against adults dropped dramatically, from more than 5,500 in 2012 to only 120 last year.

The experiences of Colorado and Washington show that -- if done correctly -- marijuana legalization can be a big winner for other states as well, experts and officials from the two pioneer states said Tuesday.

"People call this an experiment, but it's time to treat marijuana like the drug it is, not the drug we fear it to be," said Colorado state Rep. Jonathan Singer, who was one of only two state representatives to endorse Amendment 64. "We have to thank the people for leading; the legislature has been following," he said.

Issues remain, Singer said, but the state is dealing with them.

"Lawmakers have to ensure that we responsibly regulate edibles and concentrates, so consumers are well aware of what they're putting in their bodies. We want consumers educated," he said. The legislature has passed a bill dealing with edibles.

"The biggest issue is banking, and a bill I sponsored created first-of-a-kind cannabis credit co-ops," Singer said. "We will soon be petitioning the Federal Reserve for services with members of the industry who have formed their own co-ops. When dispensaries get robbed, it's for the cash, not the marijuana."

...and a lot more of this. (Drug Policy Alliance/Sandra Yruel)
"When voters decided to support Amendment 64, they did so to bring marijuana above ground in the hope that it wouldn't detrimentally impact public health and safety, and so far, it hasn't," said Art Way, Colorado state director for the Drug Policy Alliance. "The most important impact we've seen is that thousands of people are no longer being arrested for simple possession of marijuana in our state," he said.

"All marijuana offenses have declined by about 50%, and law enforcement resources have been freed up to fight violent crime," Way continued. "The state is saving millions of dollars a year in criminal justice system expenses."

For retired Denver police officer Tony Ryan, marijuana law enforcement was a distraction from more serious business.

"Chasing marijuana smokers was not at the top of my list because I needed my officers to handle calls for service," Ryan said. "We didn't have enough officers to cover calls, in part because of the distraction of doing narcotics enforcement, and when you're enforcing narcotics laws, you're mostly enforcing marijuana laws. This frees up police officers to do what they're supposed to do -- answer calls for service and work on solving crimes."

Lewis Koski is director of Marijuana Enforcement for the state of Colorado, and he said officials are keeping on top of the situation.

"We've recently been focused on how to comprehensively and effectively regulate the edibles manufacturing process," he said. "We also do licensing and monitoring of the businesses that cultivate, manufacture, transport, and sell marijuana, and our licensing process is pretty robust."

The department also runs stings to check for age compliance, he said. Increased youth access to marijuana is one of the most often heard fears of legalization foes.

"We put undercover underage individuals into the retail stores to see if they could buy anything, but what we've seen is a 100% compliance rate," he said.

While Washington hasn't had as lengthy an experience with legalized, taxed, and regulated sales as Colorado, experts and officials from the Evergreen State also said legalization was working for them.

"We've enjoyed a successful, albeit slow, launch," said Seattle City Attorney Pete Holmes. "We did see the virtual elimination of marijuana possession arrests, which has resulted in a restoration of justice. We're no longer hounding people for the possession of marijuana in the state of Washington."

There are issues remaining, but they are soluble, Holmes said.

"One impediment is that our medical marijuana laws were in disarray after the former governor vetoed a regulation bill, and as a result, I-502 didn't touch medical at all," he noted. "The biggest unfinished business for us is how the legislature will address medical. Perhaps it will be folded into the I-502 system."

Holmes also pointed to the issue of revenue sharing, the problem of some localities opting out, and the lack -- so far -- of a legal supply adequate to put a sizeable dent in the black market.

Like his Colorado law enforcement colleague, former Seattle Police Chief Norm Stamper saw legalization as a smart move.

"It's no secret that relations between police officers and the communities they are required to serve are strained, especially with young and poor people, and marijuana enforcement is a big factor in this," Stamper argued. "A vast number of poor young people of color have been arrested over the years. With I-502, there is a major shift in law enforcement priorities. Now, police can focus on burglaries and robberies and the like, and by freeing up resources, we can also deal a serious if not fatal blow to major drug dealers. This is making a huge and positive difference."

I-502 chief proponent Alison Holcomb was brief and to the point.

"I-502 has preserved public safety, reduced the burden on police and prosecutors, and generated significant new tax resources," she said.

"We've learned a lot from Colorado and Washington, and we purposefully set up a very deliberative process," said Oregon Measure 91 campaign spokesman Anthony Johnson. "The state will have a full year to analyze what's going on there and implement what's best for Oregon. We will regulate marijuana very much like we regulate beer and wine."

But first, they have to win. Measure 91 is leading in the polls, but by no means comfortably. Getting the message out about how things have gone in Colorado and Washington should only help.

OR
United States

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