Legalization

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Chronicle AM -- April 25, 2014

An Oregon congressman fights to end federal marijuana prohibition, a DC congresswoman vows to fight for decrim in the District, a Brooklyn DA gets support for his stance on small-time pot charges, some Philly narcs escape justice, and more. Let's get to it:

DC Rep. Eleanor Holmes Norton will stick up for District decrim. (wikipedia.org)
Marijuana Policy

Oregon Congressman Launches Ad Campaign to End Federal Marijuana Prohibition. US Rep. Earl Blumenauer (D-OR) today began an advertising campaign to win support for ending federal marijuana prohibition. Blumenauer is a cosponsor of House Resolution 499, the Ending Federal Marijuana Prohibition Act of 2014. "Our marijuana laws don't work and cost the government billions," he said. "Federal drug law says that marijuana is more dangerous than meth or cocaine, and that is false."

DC Rep. Eleanor Holmes Norton Vows to Defend District Marijuana Reforms from Congressional Republicans. In an effort to stop what could be the first step to overturn the District of Columbia's local marijuana decriminalization legislation, Congresswoman Eleanor Holmes Norton (D-DC) has announced she will testify at a hearing of the House Oversight and Government Reform Committee's Subcommittee on Government Operations in May on the District's newly-passed decriminalization law. Norton said that she was surprised to learn of a hearing that will single out the District's locally passed law. "It is appropriate for Congress to examine how the Obama administration will enforce the federal prohibition on marijuana in jurisdictions that have legalized or decriminalized it, as the subcommittee has done in two hearings this Congress," Norton said. "It is also appropriate to examine whether the federal marijuana prohibition preempts such local laws, but no local officials were called to testify at those hearings. It is inappropriate to hold a hearing on the local marijuana laws of only one jurisdiction, the District of Columbia, when 18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana. There is nothing that distinguishes the District from these states except for Congress's illegitimate power to overturn the democratically enacted local laws of the District." Congress has 60 days to attempt to block the DC decriminalization law.

Brooklyn DA's Decision to Stop Prosecuting Small-Time Marijuana Cases Garners Support. Today, Brooklyn elected officials, community groups, and advocates rallied on the steps of Borough Hall to support District Attorney Ken Thompson's proposal to stop prosecuting people arrested for possessing small amounts of marijuana. A memo outlining DA Thompson's proposal, shared with the press, states that when the police make a low-level marijuana arrest and the defendant has no criminal record or a minimal criminal record, "there will be a presumption that such case will be immediately dismissed." Click on the link for more reaction to Thompson's move.

Child Psychiatry Group Opposes Legalization. The American Academy of Child and Adolescent Psychiatry (AACAP) has released a policy statement opposing efforts to legalize marijuana. Instead, "AACAP supports efforts to increase awareness of marijuana's harmful effects on adolescents and improve access to evidence-based treatment, rather than emphasis on criminal charges, for adolescents with cannabis use disorder. AACAP also urges careful monitoring of the effects of marijuana-related policy changes on child and adolescent mental health. Together, these efforts may help with the prevention of teen marijuana use during a critical period of ongoing brain maturation."

Medical Marijuana

Minnesota Medical Marijuana Bill Wins Senate Committee Vote. The long, strange saga of Minnesota medical marijuana continues. The Senate Committee on Health, Human Services and Housing today approved Senate File 1641, which would give patients with certain medical conditions access to a limited amount of marijuana. The measure now goes to the Senate Rules Committee.

Law Enforcement

Philadelphia's "Tainted Justice" Narcs Avoid Criminal Prosecution, Could Get Jobs Back. After years of investigation, federal and local prosecutors have decided not to file criminal charges against four Philadelphia narcotics officers accused of lying about evidence on search warrants and stealing from corner stores during raids. One of the officers was also accused of sexually assaulting three women. Sources familiar with the investigation said authorities cited weak witnesses and a lack of evidence as factors in their decision not to bring charges. The officers -- who were at the heart of a scandal that shook the department five years ago -- now face possible disciplinary action from the Police Department. But it is likely they will soon be placed back on the street and even awarded lost overtime pay. The officers were the subject of a 2009 series by the Philadelphia Daily News that won a Pulitzer Prize for investigative reporting. The series, "Tainted Justice," detailed dozens of narcotics cases in which officers were alleged to have stolen, lied, and mistreated suspects. Click on the link for the whole sleazy story.

Wisconsin Becomes First State to Require Outside Agency Involvement in Investigating Deaths in Police Custody. Gov. Scott Walker (R) has signed into law Assembly Bill 409, under which Wisconsin will become the first state in the nation to require outside investigation when people die in police custody. The new law is the result of years of activism on the part of family members and a Milwaukee-Journal Sentinel investigation into five years of in-custody deaths in Milwaukee. Despite circumstances of detainees' deaths, officers were typically quickly cleared of wrongdoing.

Connecticut Bill to Shrink "Drug Free Zones" Dies. Legislation to reduce the size of "drug free zones" around schools died quietly in the Education Committee on Thursday. Senate File 609 failed on an 11-17 vote with no discussion. The bill's failure is frustrating for proponents who have sought the legislation for years. The proposal has twice been endorsed by the state's nonpartisan Sentencing Commission. The bill made it as far as a floor debate in the House last year, but was shelved when support began to wane among Democrats.

International

Drug Decriminalization Coming to Malta? Maltese Justice Minister Owen Bonnici said Thursday that a proposed drug law reform his government is working on will be "significantly broader" than previous failed reform efforts and hinted broadly that it would include drug decriminalization. But details remain sketchy, so stay tuned.

Retired Supreme Court Justice Stevens Says Legalize It

Retired Supreme Court Justice John Paul Stevens said on Thursday that the federal government should follow the lead of states that have legalized marijuana. That makes him the first Supreme Court justice -- retired or otherwise -- to endorse legalization.

Retired Supreme Court Justice John Paul Stevens (SCOTUS)
"Yes," Stevens replied when asked by NPR's Scott Simon as to whether marijuana should be legalized under federal law. "I really think that that's another instance of public opinion [that's] changed. And recognize that the distinction between marijuana and alcoholic beverages is really not much of a distinction. Alcohol, the prohibition against selling and dispensing alcoholic beverages has I think been generally, there's a general consensus that it was not worth the cost. And I think really in time that will be the general consensus with respect to this particular drug."

This isn't the first time Justice Stevens has taken a progressive stand on drug policy. In a 2011 interview in Time magazine, the bow-tied jurist slammed harsh drug sentencing. "The use of mandatory minimum statutes has had a very adverse effect on the overall system, and I think generally, the so-called war on drugs has emphasized more-severe punishment than is appropriate throughout the country," Stevens said then. "There are some instances where penalties are so disproportionate that they could well violate the Eighth Amendment."

And although Stevens authored the Supreme Court opinion in Gonzales v. Raich upholding federal preeminence over state medical marijuana laws, he has also called it "most unwise" to prohibit the medical use of the drug.

Stevens' latest remarks were cheered by Tom Angell, chairman of Marijuana Majority.

"Justice Stevens is right. Public opinion is shifting rapidly in favor of marijuana legalization," said Angell. "Polls now consistently show that a clear majority of the public supports ending prohibition and, as this trend continues, we'll start to see more prominent people and politicians saying it's time to change the laws."

Stevens served as Supreme Court justice from 1975 to 2010.

Washington, DC
United States

Chronicle AM -- April 24, 2016

Marijuana, weed, pot, cannabis, whatever you call it, it's sure making a lot of news these days. Plus, harm reduction comes to Georgia, and Bolivia wants to shoot down drug planes. And more. Let's get to it:

Marijuana Policy

Nevada Legalization Initiative Gets Underway, Aims At 2016. The Campaign to Regulate Marijuana Wednesday filed a petition with the Nevada Secretary of State to legalize the recreational use of marijuana in the Silver State. The group needs to get 101,667 signatures by November 11 to move the process forward. If the signatures are collected on time, the initiative would then go before the state legislature in 2015. The legislature can approve it or vote it down, but if it is voted down, it would go before the voters in the 2016 general election.

Colorado Edibles Regulation Bill Passes House. A bill to tighten laws governing the sale of marijuana-infused edibles in Colorado was unanimously passed by the state House of Representatives on Tuesday after two deaths possibly linked to the ingestion of cannabis products shed light on the lack of guidelines for edibles. With House Bill 1361, Colorado lawmakers are aiming to limit the amount of concentrated marijuana that can be sold through a bill requiring more specific labeling of pot-laced products, such as candies and baked goods, as well as restricting the amount of the THC chemical in edibles.

Possession Of Marijuana In Brooklyn Decriminalized In Small Quantities. Marijuana users in Brooklyn will get slapped with a mere $100 fine for possession so long as they don't have a criminal record. Brooklyn DA Ken Thompson said he will no longer be prosecuting marijuana smokers for possession provided they have no previous criminal history or have been busted for weed before. The DA said in a memo made public by the New York Post Wednesday that marijuana laws disproportionately hurt youths of color, especially those without previous records.

New York Poll Has Support for Legalization at 43%. A new Siena Poll has support for legalization in the Empire State at 43%, with 52% opposed and 5% undecided. There were majorities for legalization among Democrats, liberals, men, and people under 35. Medical marijuana fared better, with 51% backing a full medical marijuana law, 26% favoring Gov. Cuomo's (D) limited program, and only 21% opposed to any medical marijuana. Click on the link for the cross-tabs.

DC Legalization Initiative Gets Go-Ahead for Signature Gathering. The DC Board of Elections gave a green light Wednesday for campaigners to begin collecting signatures to put a marijuana legalization initiative on the November ballot. The campaign must turn in approximately 22,373 valid signatures by July 7 to score a spot on the November ballot. More than 5 percent of registered voters in five of the eight city wards must sign the petition.

Medical Marijuana

Nevada's Clark County (Las Vegas) Receives More Than 200 Applications For Medical Pot Businesses. A total of 206 applications for medical marijuana businesses were filed by 109 legal entities with the county's Business Licensing Department before yesterday's deadline. That total includes 90 applications for dispensaries, 70 applications for cultivation facilities, 45 for production facilities and one for an independent testing laboratory. Businesses who met today's deadline will have until May 2 to submit a zoning application and the accompanying $5,000 fee for the special-use permits needed to operate a medical marijuana establishment. The county commission plans to review and award a limited number of special-use permits at a June 5 public meeting. Businesses can apply for one of four license types.

Vermont House Passes Dispensary Bill, Includes Study of Legalization. The House Wednesday gave preliminary approval to a medical marijuana dispensaries bill, endorsing an amendment that calls for a study of potential tax revenue from legalizing and taxing pot. Senate Bill 247 has already passed the Senate, but have to go back for concurrence with changes made in the House.

California Medical Marijuana Regulation Bill Wins Committee Vote. A bill to impose regulation on the state's medical marijuana industry passed the Assembly Public Safety Committee Tuesday. Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) would make it illegal for doctors to recommend medical marijuana for patients they have not examined, and bar prescriptions by doctors with a financial interest in a pot dispensary. It would also let the Department of Alcoholic Beverage Control enforce laws regulating marijuana and develop plans to tax it beyond the sales tax now levied, while ensuring it is grown and processed safely and in ways safe for the environment. A competing bill favored by law enforcement, Senate Bill 1262 by Sen. Lou Correa (D-Santa Ana), was approved a day earlier by the Senate Business Professions and Economic Development Committee. It would regulate medical marijuana through the Department of Public Health and county health departments.

Missouri House Gives First Approval to CBD Medical Marijuana Bill. The House Wednesday gave initial approval to a bill that would allow the use of CBD cannabis oil by people suffering from seizures. Senate Bill 951 won first round approval by a voice vote. It needs one more vote in the House.

New Mexico Medical Cannabis Program's Medical Advisory Board Recommends Adding Alzheimer's Disease to the List of Eligible Conditions. The Medical Cannabis Program's Medical Advisory Board voted unanimously Wednesday to add neurodegenerative dementia including Alzheimer's disease (AD) to the list of medical conditions eligible for the Medical Cannabis Program. The Secretary of Health will have the final decision. Medical cannabis is currently available to Alzheimer's patients in thirteen of the states that authorize its use.

Iowa CBD Medical Marijuana Bill Passes Senate. A bill that gives prosecutorial immunity to people who possess cannabidiol to treat seizures passed the Senate Thursday. Senate File 2360 would require patients or their caregivers to obtain a state-issued license to possess the drug and must have a neurologist's prescription in order to obtain the license.

Drugged Driving

California Bill Would Impose "Per Se" Drugged Driving Standard. Members of the California Assembly are considering amending legislation, Assembly Bill 2500, to impose "per se" criminal penalties to individuals who drive with trace levels (2ng/ml or above) of THC or other controlled substances in their blood -- regardless of whether he/she is behaviorally impaired. NORML and California NORML oppose this bill.

Harm Reduction

Georgia Governor Signs 911 Medical Amnesty/ Naloxone Law.Governor Nathan Deal (R) signed House Bill 965 Thursday, also known as the Georgia 911 Medical Amnesty bill. Effective immediately, the law grants limited immunity from arrest, charges, or prosecution to people who are experiencing or to those who seek help for a drug overdose in the event that law enforcement find small amounts of drugs and/or drug paraphernalia as a result of the person seeking help. The law also extends legal protections to people who call 911 to report underage drinking poisonings and to those who administer naloxone to someone experiencing a drug overdose. Georgia is the 15th state in the union to enact a 911 Medical Amnesty law and the 19th state to expand access to naloxone through legislation.

International

Bolivia Approves Downing of Drug-Smuggling Planes. A new Bolivian law authorizes the country's military to shoot down planes suspected of smuggling cocaine, though it cannot yet be put into practice because it doesn't have sufficient radar coverage. The law signed Tuesday by President Evo Morales requires that before starting the plan, Bolivia must first purchase and install radar systems, which its borders lack. Other countries in the region with similar shootdown policies include Brazil, Colombia, Honduras and Venezuela, all cocaine transit countries. Peru had a shootdown policy, but halted it after it accidentally blew a US missionary and her infant out of the sky a decade ago.

DC Event on Uruguay Marijuana Legalization Monday. The Washington Office on Latin America is hosting a discussion Monday on "Launching Uruguay's New Law to Regulate Cannabis." Speakers include Julio Calzada, general secretary of the Uruguayan National Drugs Board, and Martin Jelsma, coordinator of the Transnational Institute Drugs and Democracy Program. Click on the title link for more details.

Uruguay to Limit Marijuana Purchases to 10 Grams a Week. In an attempt to thwart illegal resales, Uruguay is limiting licensed buyers of marijuana to 10 grams a week, as the South American country attempts to write its rules for its legal market in the drug, now two weeks overdue. The Uruguayan authorities are developing fees for pot sales to match highly-taxed cigarette and alcohol sales.

Report from the Denver 4/20 Celebration [FEATURE]

Legal marijuana sales began in Colorado on January 1, and now, just a few months in, Denver already appears to be well-placed to claim the title of America's cannabis capital. This past weekend, tens of thousands of people flooded into the city to celebrate the 4/20 holiday and attend the latest High Times Cannabis Cup.

There is a stage somewhere behind all that smoke.
For blocks around the north side expo center where the Cannabis Cup took place, thousands of eager pot aficionados clogged the streets, bringing traffic to a crawl, while inside, hundreds of exhibitors peddled their wares, demonstrating both the scope of cannabis-related commerce and the grasp of American entrepreneurs. Pot smoking was supposed to be allowed only in designated areas, which didn't include the lengthy lines of people waiting to get in the event, but that didn't seem to stop anybody.

Meanwhile, downtown at the Civic Center plaza facing the state capitol, the state's ban on public marijuana use was again ignored -- blatantly and massively -- at the Official 4/20 Rally. Despite Denver Police digital signs warning that public "Marijuana consumption is illegal" and "Marijuana laws enforced," at precisely 4:20pm on 4/20, the most massive, intense, and long-lasting could of pot smoke your reporter has ever seen wafted over the city. One hesitates to estimate how many pounds of marijuana went up in smoke in a few moments at the Civic Center.

Police made a few dozen arrests for public consumption over the course of the two-day rally, but the event was otherwise peaceable, and police generally kept a low profile.

Walking Raven and other retail marijuana outlets did big business over the 4/20 weekend.
And the city's marijuana retail outlets were doing brisk business, with lines of eager buyers, many from out of state, waiting for their chance to buy weed legally. In one pot store parking lot, middle-aged customers in a pick-up truck with Texas plates shared their happiness with a car-load of 20-somethings from Wisconsin, all of them drawn to Colorado by the chance to experience legal marijuana.

"I didn't think I'd live to see the day," said one of the Texans, smiling broadly, his brown paper bag filled with buds inside a blue prescription bottle with a child-proof cap and a label identifying the plant that grew the buds. "I don't know if I will live to see the day this is legal in Texas, so that's why we came here. This is history."

At the Walking Raven retail store on South Broadway last Saturday, proprietor Luke Ramirez oversaw a handful of employees tending to an unending line of customers. A favorite of customers and staff alike was Hong Kong Diesel, a 30% THC variety with a powerful aroma, going for more than $400 an ounce.

Like all of the first generation retail marijuana stores in the state, Walking Raven began as a medical marijuana dispensary, but transitioned into the adult retail business. That required time and money, Ramirez said.

"It was about $100,000 to start up, and it took about 100 days," he said, quickly adding that it was worth it.

"This is absolutely a profitable business model," Ramirez exclaimed between greetings to customers and issuing orders to his bud sellers. "We're paying a lot in taxes, but we have a large client base -- three million adults in Colorado, plus tourism."

Making the transition from a dispensary to an adult retail outlet also helped, Ramirez said.

"We've gone from about $3,000 a day in sales to $10,000," he explained.

The state of Colorado is making bank off Ramirez and his colleagues in the marijuana business. According to the state Department of Revenue, adult marijuana taxes and fees totaled $2 million in January and $2.5 million in February, the last month for which data is available. Observers expect that monthly figure to only increase as more stores open up.

Walking Raven proprietor Luke Ramirez
It's not all roses for Colorado's nascent pot industry, though. Ramirez ticked off the issues.

"The biggest obstacles are the government and its regulatory bodies," he said. "Will they increase or decrease taxes, what about zoning, how do we get out supply? Heavy regulation is an issue. And the seed-to-sale tracking program is very expensive; I have a full-time employee just for that."

And then there is that pesky federal marijuana prohibition. Although the Justice Department has made soothing noises about not picking on financial institutions that do business with the state's legal pot shops, most banks still have not gotten on board -- and there are other, related, issues, too.

"The federal law inhibits us from doing normal business," Ramirez said. "We can't get bank loans and we don't get the 280E federal tax break. We're classified as drug traffickers, so we can't write off our business expenses."

That's not to mention the security issues around dealing with large amounts of cash because the banks don't want to risk touching it.

"We have to have multiple safes and carry cash around," he said.

Still, Ramirez is open for business, and business is good. And not only is business good, Colorado's experiment with marijuana legalization seems to be advancing with few hiccups.

"Things are generally going quite smoothly," said Mason Tvert, an Amendment 64 proponent who is now a spokesman for the Marijuana Policy Project. "Regulations are still being developed in certain areas, such as concentrates and edibles, but the system is up and running and working more or less as intended."

While it remains to be seen if the estimated $100 million in pot tax revenues this year actually happens, Tvert was confident the income would be substantial.

"We're now seeing a couple of million a month in tax revenues, and money from fees, as well," he said. "We will still see a lot more businesses opening in the future, so we anticipate revenues will increase. Also, all of the current stores were existing medical marijuana businesses that were able to make a tax-free transfer from medical to retail, but now they will have to start paying a 15% excise tax, which will bring in more than is currently being raised."

The state has, however, recently seen two deaths attributed to legal marijuana use, a college student from the Congo who fell from a balcony after eating a cannabis cookie, and a man who shot and killed his wife, also apparently under the influence of edibles (and perhaps pain pills). While the exact role of marijuana in those deaths is unclear, media and opponents have leaped on those tragedies.

The movement needs to address such incidents, said Tvert.

"We've known for some time that some people who have preexisting mental health conditions could find them exacerbated by marijuana," Tvert said. "People need to be educated about that. If marijuana were a major factor in these incidents, that is a rare thing, but it is something we should be looking and determining what we can do to better educate consumers and reduce the likelihood of any problems."

But such incidents notwithstanding, legalization is not about to get rolled back in Colorado. Instead, it's just getting started, and it's off to a pretty good start.

"This is the first quarter in the first year of a system just getting started," Tvert said. "Things are going pretty well."

Denver, CO
United States

Chronicle AM -- April 23, 2014

There's news on the marijuana legalization initiative front, decrim dies in New Hampshire, pot sentencing reform dies in Alabama, Illinois patients can keep their guns, drugged driving and reproductive rights make news, too. And more. Let's get to it:

Former drug offenders will have their voting rights restored in Virginia, thanks to Gov. Terry McAuliffe (D). (wikipedia.org)
Marijuana Policy

Alaska Legalization Vote Pushed Back to November. A ballot initiative that could make Alaska the third US state to legalize recreational marijuana will go before voters in a general election in November rather than in August as previously scheduled, officials said on Monday. Alaska ballot initiatives typically go before voters in primary elections. But a lengthier-than-normal state legislative session this year forced the change because, under state rules, initiatives must go to voters no less than 120 days after the end of a session.

New Approach Oregon Legalization Initiative Gets Another Big Bucks Donation. The Drug Policy Action Network, the political arm of the Drug Policy Alliance, has given $100,000 to the New Approach Oregon legalization initiative campaign. That's the second $100,000 in a week for the initiative, which has just commenced its signature-gathering phase.

Total Marijuana Ban Initiative Proposed in Montana. A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure last week. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana."

No Decriminalization for New Hampshire This Year. Criminal penalties for possessing small amounts of marijuana will not change, after the Senate refused to consider a House-passed bill. Under House Bill 1625, the penalty for having an ounce or less of marijuana or hashish would have been the same as a traffic ticket, and it would have lowered the penalties for growing less than six marijuana plants. The bill passed the House by a better than two-to-one margin, but the Senate refused to accept the bill. It had killed a nearly identical bill last session.

Louisiana to Retain Harsh Marijuana Penalties. The Senate Judiciary Committee voted Tuesday to kill a bill that would reduce the state's marijuana penalties, some of the harshest in the country. Senate Bill 323 would have made simple possession a misdemeanor punishable by no more than six months in jail. Under current law, repeat pot possession offenders can be jailed for up to 20 years. The measure failed on a 4-3 vote.

Medical Marijuana

Florida Limited CBD Medical Marijuana Bill Wins House Committee Vote. A bill to allow patients suffering from seizures or severe pain to use high CBD cannabis oil has passed the House Judiciary Committee. House Bill 843 passed the committee 15-3 and now heads for a House floor vote.

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) last week signed into law Assembly Bill 726, which allows the use of CBD cannabis oil to treat severe seizures in children.

Illinois Medical Marijuana Patients Can Keep Their Guns. Illinois regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

Drugged Driving

Arizona Supreme Court Rules Presence of Marijuana Metabolite Not Sufficient to Prove Impaired Driving. The state's high court ruled Tuesday that motorists with a secondary marijuana metabolite in their system cannot be charged with a DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment. The state had argued that even the presence of metabolites in the urine of users was sufficient for a conviction, but the high court said "this interpretation would criminalize otherwise legal conduct" and "leads to absurd results." The case is Arizona v. Shilgevorkyan.

Michigan Bill Would Allow Police to Saliva Test for Drugs During Traffic Stops. The House Judiciary Committee is considering a package of bills related to drugged driving, including one, House Bill 5385, that would allow police to include saliva testing through a mouth swab. The measure is opposed by medical marijuana advocates, who raised concerns about the accuracy of the tests. The committee will continue taking testimony on the bills, which would also allow for police officers to confiscate driving licenses and issue temporary permits for drugged drivers as they do for suspected drunk drivers now.

Reproductive Rights

Tennessee Legislature Passes Bill Criminalizing Pregnant Women for Drug-Related Harm to Fetuses. A bill that holds women criminally accountable for illegal drug use during pregnancy, with punishments of up to 15 years in prison, passed the legislature last week. Senate Bill 1391 punished drug-using women if their babies are stillborn or born addicted or otherwise harmed. Gov. Bill Haslam (R) has 10 days to decide whether to sign it into law.

Alabama Supreme Court Rules That Women Can Be Charged With Chemical Endangerment if They Become Pregnant and Use a Controlled Substance. The state Supreme Court last Friday upheld the conviction of a woman who gave birth to a baby that tested positive for cocaine, even though the infant was healthy. In so doing, the court upheld the state's 2006 chemical endangerment law and held that the word "child" in the law includes fertilized eggs. The case is Ex Parte Sara Jane Hicks. Alabama and South Carolina are the only states that authorize the prosecution of pregnant women for drug use, although as we see above, Tennessee could soon join them.

Prescription Drugs

Oklahoma Senate Approves Bill Adding Prescription Drugs to Drug Trafficking Law. The Senate Monday approved a bill adding four additional drugs to the state's Trafficking in Illegal Drugs Act. The measure, House Bill 2589, adds morphine, oxycodone, hydrocodone and benzodiazepine to the list of controlled substances in the act. Individuals convicted under the act would receive a minimum of 10 years, which is twice the prison term for possession of these substances. The bill is supported by the Oklahoma Bureau of Narcotics. It has been amended and will return to the House of Representatives for reconsideration.

Opiate Pain Relievers

FDA Panel Recommends Against Approving Dual Opioid Medication. An advisory panel of the Food and Drug Administration (FDA) voted Tuesday against approving a combination morphine-oxycodone painkiller. The drug, Moxduo, would be the first medication to combine both opioids in one capsule. Moxduo's manufacturer, QRxPharma, says the drug is intended to provide faster relief from moderate to severe pain, with fewer side effects than currently available opioids. The panel voted unanimously against approving it, concluding that QRxPharma had not proved the drug is less likely to cause potentially life-threatening respiratory suppression, compared with taking oxycodone or morphine alone.

Search and Seizure

US Supreme Court Upholds Vehicle Stops Based on Anonymous Tip. An unusually divided Supreme Court ruled Tuesday that an anonymous 911 phone call reporting a reckless driver justified a traffic stop that led to a marijuana. The 5-4 decision saw Justice Antonin Scalia side with the court's liberal minority, but Justice Stephen Breyer's vote gave the conservative majority the win. The case is Navarette v. California. The ruling means police need not corroborate anonymous reckless driving tips before stopping a vehicle.

Voting Rights

Virginia Governor to Restore Voting Rights for Drug Offenders. Virginia Gov. Terry McAuliffe (D) announced Friday that he will immediately restore voting rights to anyone who has completed their sentence for a drug offense, and reduce the waiting period for other violent felonies from five years to three. Virginia is one of four states that ban all ex-felons from voting for life unless they receive clemency from the governor. But governors in these states can take executive action to alter the policies on these felons.

International

Sinaloa Cartel Losing Ground in Ciudad Juarez, Stratfor Analyst Says. The Carrillo Fuentes drug-trafficking organization, with its enforcement arm La Línea, is moving to regain the El Paso-Juárez corridor from the Sinaloa cartel, whose power in Juarez is eroding quickly, according to a terrorism and security analyst from the Texas-based private intelligence firm Stratfor. Click on the link for more details.

It's 4/20 in Denver!

Denver is pot city this weekend, with the High Times Cannabis Cup, the 4/20 rally downtown, and dozens of related musical and cultural events.

The Walking Raven marijuana retail outlet on South Broadway, aka Denver's Green Mile.

On East Colfax Avenue this morning, people wearing their Sunday attire for Easter services are outnumbered by people wearing tie-dyes, 4/20 t-shirts, and pot leaf caps heading down to today's session of the 4/20 rally (it went on yesterday as well, with thousands in attendance.

The Cannabis Cup is massive! Organizers estimate more than 30,000 people attending each day, and for blocks around the expo hall, there are masses of stoned humanity wandering to and fro. Inside, the commodification of marijuana continues at a dizzying pace, with hundreds of vendors and exhibitors hawking their wares.

I visited the Walking Raven retail outlet yesterday and interviewed the owner. Look for some of that interview to appear in a feature article later this week on the state of play in Colorado. 

I also made my first legal marijuana purchase in the United States. It was a proprietary 30% THC strain called Hong Kong Diesel. It wasn't cheap, and prices are something I want to address in that coming feature.

The parking lot at Walking Raven was notable for the plethora of out of state license plates. People are coming from all over the country to take part in and celebrate the new reality of legal weed.

I'm off to the 4/20 rally in a bit; may post something later tonight. Then I basically disappear for a couple of days as I head off across Colorado, Utah, and Nevada on my way to Northern California. Look for regular Chronicl action to recommence by Wednesday.

Location: 
Denver, CO
United States

Chronicle AM -- April 17, 2014

Marijuana legalization initiatives are in the news, the NCAA ponders relaxing marijuana penalties, a vaporizer company wants to drug test its workers, and more. Let's get to it:

Marijuana Policy

New Approach Oregon Legalization Initiative Starts Signature-Gathering. Signature gathering began today for the New Approach Oregon legalization initiative. Backers need 87,213 valid voter signatures by July 3, and they say they are confident they will get them. Another initiative, Paul Stanford's Oregon Cannabis Tax Act initiative, is already in the midst of signature-gathering.

New Approach Oregon Legalization Initiative Gets $100,000 Donation from Fragrance Heir. Henry van Ameringen, heir to a fragrance fortune, has donated $100,000 to the New Approach Oregon legalization initiative.

Alaska Legalization Initiative Campaign Challenges Opponents. In a Wednesday morning press conference, supporters of the Campaign to Regulate Marijuana Like Alcohol in Alaska stood outside a downtown Anchorage office building with a giant novelty check written out to "No on 2/ Project S.A.M." for $9,015 -- the same amount of money the alcohol lobby donated to former Rhode Island Rep. Patrick Kennedy during his time in office. Kennedy is the cofounder of Smart Approaches to Marijuana, a national group that opposes marijuana legalization. The event served as a challenge to opponents of the Alaska measure -- a group collectively known as "Big Marijuana. Big Mistake. Vote No On 2" -- to show the public the science proving that marijuana is more dangerous than alcohol.

Rhode Island House Panel Hears Legalization Bill. The House Judiciary Committee heard testimony Wednesday on a marijuana legalization bill. The measure, House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. The committee took no action. Click on the link to get the flavor of the testimony.

NCAA Ponders Reducing Penalties for Athletes Who Test Positive for Pot. The NCAA is mulling a proposal to reduce the penalty for a student-athlete's positive marijuana test from a full-season suspension to a half-season, according to CBSSports.com. The site's senior college football columnist, Dennis Dodd, reported that the idea, which is likely to be approved, reflects the association's view that marijuana use is not performance enhancing.

Medical Marijuana

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) has signed Assembly Bill 726, which would allow the limited use of CBD cannabis oil as a treatment for seizures.

Major Medical Marijuana Industry Company Announces Drug Testing Program, But Not for Pot. OPenVAPE, a vaporizer manufacturer that bills itself as "the nation's largest cannabis brand," announced today that it will begin a drug testing program for employees. But the company won't test for the drug its products are designed to be used with; instead, it will only test for "dangerous drugs." Click on the link to read their press release.

Sentencing

Drug Policy Alliance Intervenes in Case of Louisiana Man Doing 13 Years for Two Joints. The Drug Policy Alliance has filed an amicus brief with the Louisiana Supreme Court in the case of Bernard Noble, who is serving 13 years in prison for marijuana possession. "Thirteen years in prison for two joints is obscene," said Daniel Abrahamson, the lead author of the brief for the Drug Policy Alliance. "The punishment is so far out of proportion to the conduct that we really can't call it 'punishment' -- it is more like torture." Louisiana has some of the toughest drug laws in the nation.

Chronicle AM -- April 16, 2014

President Obama commutes a marijuana offender's sentence, organized opposition to a legalization initiative emerges in Alaska, draconian heroin bills are moving in Louisiana, and more. Let's get to it:

Heroin would get you even more time under draconian bills moving in Louisiana. (wikimedia.org)
Marijuana Policy

Denver Crime Rate Drops in First Months of Legal Marijuana Sales. According to crime statistics from the Denver Police, crime is down over the previous year in the first three months of legal marijuana sales there. Violent crime (including homicide, sexual assault, robbery, and aggravated assault) fell by 6.9% in the first quarter of 2014, compared with the same period in 2013. Property crime (including burglary, larceny, auto theft, theft from motor vehicle and arson) dropped by 11.1%.

Alaska Legalization Initiative Gets Organized Opposition. An organized opposition group has emerged to campaign against the Alaska legalization initiative. A group calling itself "Big Marijuana, Big Mistake, Vote No on 2" officially filed with the Alaska Public Offices Commission last week. The group includes only a handful of Alaskans and says it is not affiliated with Project SAM, the anti-legalization group that has been playing up the "Big Marijuana" theme across the country.

Legalization Bill Filed in New Jersey Assembly. Assemblywoman Linda Stender (D-Scotch Plains) and Assemblyman Reed Gusciora (D-Trenton) have filed Assembly Bill 3094 to legalize marijuana. The bill is companion legislation to Senate Bill 1986, which was filed by Sen. Nick Scutari (D-Linden) earlier this session.

Medical Marijuana

Tennessee Legislature Approves CBD Medical Marijuana Study Bill. The House voted 97-0 Monday to approve Senate Bill 2531, which would create a four-year study of the use of CBD cannabis oil in treating intractable seizures. The measure passed the Senate last week, and now goes to the desk of Gov. Bill Haslam (R).

Methamphetamine

Tennessee Senate Passes Pseudoephedrine Restriction Bill. A bill that would restrict non-prescription purchases of OTC cold medications containing pseudoephedrine, a precursor chemical in meth manufacture, passed the Senate Tuesday. The bill would cap purchases at 4.8 grams per month and 14.4 grams per year of allergy and cold medicines like Sudafed that could be bought without a prescription. The Senate version differs from the House version in the allowable amounts. The House version has already passed, too, so the two will have to be reconciled before final passage.

Heroin

Draconian Heroin Bill Passes Louisiana Senate Committee. A bill to increase maximum penalties for heroin offenses from 50 to 99 years received approved Tuesday from the Senate Judiciary Committee. Senate Bill 87, sponsored by Sen. Dan Claitor (R-Baton Rouge), now heads for the Senate floor. Another draconian heroin bill, House Bill 332, sponsored by state Rep. Joe Lopinto (R-Metairie) would double mandatory minimums for heroin use and distribution. The full House passed that bill 94-1, and it will now be heard in the Senate.

Sentencing

President Obama Commutes Sentence for Marijuana Offender. President Obama Tuesday granted clemency to a marijuana offender sentenced to too much time because of a typographical error. Ceasar Huerta Cantu had been sentenced to 180 months in federal prison for marijuana distribution conspiracy and money laundering. Obama commuted the sentence to 138 months, which is what it would have been had his initial sentence been calculated correctly. That means Huerta will get out more than three years early. Obama commuted only one sentence in his first term but has been using the power more in his second.

International

Mexico Anti-Cartel Militias Refuse to Lay Down Arms. The so-called autodefensa militias in the southwest Mexican state of Michoacán -- which took up arms against the Knights Templar cartel more than a year ago -- are now refusing the government's demand to put down their weapons. The government had allowed them to keep their arms and integrate into the security forces, but early this month, announced its intention to disarm all civilians in the state. But the militias say they will disband only once the leaders of the Knights Templar Cartel are killed or arrested. "We prefer to die at the hands of the government than at the hands of a goddamned son of a bitch who dismembers and butchers you -- without releasing even a fingernail to your family. Because, that's what the criminals do," one militia leader told VICE News.

Chronicle AM -- April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol. The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD. But it doesn't do anything for other medical marijuana patients.

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries. The new law, however, only allows the moratoriums to stay in place for one year. The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas.

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda's Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles. Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society's remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Maryland Becomes 18th Decrim State, 21st Medical Marijuana State

With Gov. Martin O'Malley's signature today on two bills passed by the legislature, Maryland decriminalized marijuana possession and becomes a full-fledged medical marijuana state.

House Bill 881 is the medical marijuana bill. It allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.         

Senate Bill 364 makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

The Marijuana Policy Project was among groups pushing for both bills, but it isn't resting on its laurels.

“It’s time for legislators to take a long, hard look at replacing marijuana prohibition with a system in which marijuana is regulated and taxed,” said MPP legislative analyst Rachelle Yeung. “Marijuana should be sold by licensed businesses, not criminals in the underground market.”

I predict that will happen in 2017, after the next two rounds of legalization initiatives start to convince legislators that they need to hop on the bandwagon.

 

 

Location: 
Annapolis, MD
United States

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