Decriminalization

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DC City Council Okays Marijuana Decriminalization

Washington, DC, is set to become the next entity to decriminalize small-time marijuana possession after the city council Tuesday gave final approval to a decriminalization bill. The bill must still be approved by Mayor Vincent Gray, who has signaled support for decriminalization.

But even after the mayor signs off, the measure will not become law until Congress has completed a required legislative review. That process could last into the summer.

The "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409) removes the threat of arrests for the possession of less than an ounce and replaces it with a $25 fine, the lowest fine in any state that has decriminalized. In setting the fine so low, council members cited homelessness in the District and high poverty rates in areas of the city that have seen the highest numbers of arrests.

Police still can, however, seize your marijuana and whatever you used to smoke it. And public use of marijuana remains a criminal misdemeanor punishable by up to 60 days in jail.

"This is a big step forward for our nation's capital, as well as our nation as a whole. Clearly, marijuana prohibition's days are numbered in the United States," said Dan Riffle, director of federal policies for the Marijuana Policy Project, which supported the bill. "We should not be saddling people with criminal records simply for using a substance that is less harmful than alcohol," Riffle said. "Law enforcement resources should be used to address serious crimes, not to arrest and prosecute adults for possessing small amounts of marijuana. Neither the District nor any of the states can afford to continue criminalizing adults for marijuana possession."

"For far too long, people of color have been disproportionately and unfairly arrested and marginalized for marijuana possession in the District of Columbia. DC council members took the first critical step today toward ending the selective enforcement of marijuana prohibition policies that have perpetuated racial disparities in the criminal justice system for decades," said Grant Smith, policy manager with the Drug Policy Alliance, which also supported the bill.

"Council members heard the public's demand that marijuana arrests end and have passed model legislation that is one of the strongest marijuana decriminalization laws in the whole country," Smith continued. "Mayor Vincent Gray should sign and ensure this bill goes to Congress for its review without delay. With every day that passes, more District residents' lives are irrevocably harmed with these senseless marijuana possession arrests."

Passage of the decrim bill is by no means the end of pot politics in the District this year. Two other marijuana-related bills are still before the council, one (Council Bill 20-467) that would seal marijuana arrest and conviction records and one (Council Bill 20-466) that legalize, tax, and regulate marijuana commerce for adults.

And looming over the legislative activity is the DC marijuana legalization initiative, which is awaiting approval for signature-gathering from the Board of Elections.

Washington, DC
United States

Chronicle AM -- March 3, 2014

DC should decriminalize tomorrow, New Mexico looks to expand its medical marijuana program, harm reduction bills move in a couple of states, Mexican police repress a pro-El Chapo demonstration, and more. Let's get to it:

The shrine to narco-saint Jesus Malverde in Culiacan. (Phil Smith, Drug War Chronicle, 2008)
Marijuana Policy

DC Decriminalization Bill Expected to Get Final Vote Tomorrow. The District of Columbia city council is expected to give final approval tomorrow to a bill that would decriminalize the possession of up to an ounce of weed, with a $25 fine. It has the support of eight of 13 council members, so it should be a done deal, but stay tuned tomorrow.

Legalization Bill Introduced in Florida. State Sen. Dwight Bullard (D-Orlando) has introduced a legalization bill in the Sunshine State. Senate Bill 1562 was filed Friday. The proposal comes as Florida voters prepare to cast ballots in November on legalizing medical marijuana. Also, lawmakers are considering proposals to legalize a marijuana extract that can help some children who have a form of epilepsy and suffer from severe seizures.

Medical Marijuana

California Statewide Regulation Bill Has Support of Cops, Cities. For the first time, California law enforcement and local government associations are backing legislation to regulate the medical marijuana industry. The California Police Chiefs Association and the League of California cities are supporting Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), but the bill is opposed by friends of medical marijuana, who object to its provisions setting limits on doctors who recommend it.

New Jersey Annual Medical Marijuana Reports Out. The state Department of Health has released the 2013 Annual Report and the 2013 Biennial Report on the status of the state's medical marijuana program. The state has 1,585 active registered patients, 121 active registered caregivers, and six registered dispensaries. Both reports are at the link.

Massachusetts Caregiver Flouts Regs, Grows for More than One Patient. Longtime Bay State marijuana activist Bill Downing has gone public with his flouting of the state's medical marijuana regulations. He says he is providing medical marijuana to some 350 patients, but state regulations say he can be a caregiver for only one. Downing says it's the regulations that are in conflict with the state's medical marijuana law, not him. "The regulation violates the statute. The statute allows for caregiving. The regulation does not," he said. And the state Health Department knows what he is up to, he added.

New Mexico to Address Medical Marijuana Shortage, Adds New Conditions. Acknowledging that a shortage of medical marijuana exists in the state, the Department of Health Friday proposed increasing the number of plants and seedlings that licensed producers can grow and opening the application process to allow more producers to apply for licenses. There are only 23 licensed producers in the state, and demand is rising. Under the proposals announced Friday, producers would be able to boost their crop from a total of 150 plants and seedlings to as many as 150 mature plants and 300 seedlings. The state would also be looking to add another 12 producers to the list. The number of patients in the state jumped to more than 10,000 last year, an increase of 1,200 over the previous year. The department also announced it was adding Parkinson's and Huntington's diseases to the list of qualifying conditions to get into the program.

Solid Majority Favors Medical Marijuana in Iowa Poll. Nearly six out of 10 Iowans (59%) support legalizing medical marijuana, according to the latest Iowa Poll. But only 28% support legalization. Medical marijuana bills are introduced in the legislature every year, but have yet to go anywhere.

Harm Reduction

Overdose Reversal Drug Bill Moving in Ohio. A bill that would expand access to the opiate overdose reversal drug naloxone (Narcan) remains alive after the House voted to concur in changes made to it in the Senate. Substitute House Bill 170, sponsored by Rep. Terry Boose (R-Norwalk) has an emergency clause and will go into effect immediately upon signature by Gov. John Kasich (R).

Good Samaritan 911 Bill Moving in Georgia. A bill that would provide limited immunity from prosecution on drug charges for people who seek emergency treatment for drug overdose victims has passed the House. House Bill 965, also known as the Georgia 911 Medical Amnesty Law, now awaits action in the Senate.

Asset Forfeiture

Asset Forfeiture Reporting Bill Gets Hearing in Maryland. A bill that would require police to report the type of property seized, the crime with which it is supposedly linked, and the disposition of any related criminal cases has been heard in the Maryland Senate. Senate Bill 468, sponsored by Sen. Christopher Shank (R-Washington County), got a hearing last week in the Senate Judicial Proceedings Committee, but no vote was taken.

International

Mexican Police Arrest 40 in Pro-El Chapo Guzman Demonstration in Culiacan. Police in Culiacan, Sinaloa, arrested about 40 people Sunday who were planning to demonstrate in support of captured Sinaloa Cartel leader Joaquin "El Chapo" Guzman. About 150 supporters had gathered at the shrine to Jesus Malverde, informal patron saint of drug traffickers, in Culiacan, and about 40 were arrested when they refused to disperse. Some shouted "Long live Chapo." More than a thousand people marched for Guzman in Culiacan last week, and police wanted to prevent a repeat of signs of public support.

Drug Reformers Head to New Zealand for Conference on Regulating Legal Highs. Drug reformers from around the globe are heading to Auckland later this month to discuss the Psychoactive Substances Act and advocate further drug reform. The Pathway to Reform conference will take place on March 20.

Conservative Norwegian MP Charged in Hash Scandal Case. Erik Skutle, the Conservative Party member of parliament who took Prime Minister Erna Solberg's seat when she took the leadership position, has been charged with hashish use in a case that has embarrassed his "zero tolerance" political party. He was charged Thursday, a day after he publicly proposed decriminalizing cannabis possession as the scandal emerged. But it looks like he will retain his seat in parliament.

Chronicle AM -- February 26, 2014

A Maryland police chief embarrasses himself with bogus marijuana death claims, welfare drug testing bills face challenges in the Deep South, a hemp bill advances in Indiana, Russia's drug czar says "nyet" to legalization, and more. Let's get to it:

Marijuana Policy

Maryland Decriminalization, Legalization Bills Get Hearing; Police Chief Cites Hoax Story About Pot Overdose Deaths. Sen. Robert Zirkin's (D-Baltimore) Senate Bill 364, which would decriminalize marijuana possession, and Sen. Jamie Raskin's (D-Montgomery County) Senate Bill 658, which would legalize marijuana, got hearings in the Senate Judiciary Committee Tuesday. Law enforcement opposed the bills, while leaders of the ACLU and NORML members supported it. The lowlight of the hearing was Annapolis Police Chief Michael Pristoop's testimony mentioning an article about 37 overdose deaths the day marijuana became legal in Colorado. After being called out for repeating the hoax story by Sen. Raskin, Pristoop quickly backtracked.

Iowa Semi-Decriminalization Bill Introduced. A bill that would remove the possibility of jail time for possession of less than an ounce and a half of marijuana has been introduced by Rep. Bruce Hunter (D-Des Moines). It's not a true decriminalization bill because it would keep simple possession as a misdemeanor offense. House File 2313 has been referred to the House Judiciary Committee. Click on the link to read the bill.

Texas Poll Finds Near Majority for Legalization. Almost half -- 49% -- of Texans surveyed in a University of Texas/Texas Tribune poll support legalizing weed in either small quantities (32%) or any quantity (17%). Another 28% supported legalization only for medical purposes, while only 23% opposed any form of legalization.

New York Poll Finds Majority Oppose Legalization. A new Siena poll has support for legalization at only 43%, with 53% opposed. That contrasts with a recent Q Poll that had New Yorkers supporting legalization 57% to 39%. Differences in the questions asked and the margin of error in the polls may account for the difference. Or New Yorkers are conflicted.

Medical Marijuana

Kentucky CBD Medical Marijuana Bill Advances. A bill that would allow for the trial use of high CBD cannabis oil to treat childhood epileptic seizures was approved by the Senate Health and Welfare Committee Wednesday. Senate Bill 124 now heads for the Senate floor.

Hemp

Hemp Bill Advances in Indiana. A bill to legalize the production of industrial hemp passed the House Agriculture Committee Tuesday and now heads for the House floor. The bill is Senate Bill 357. It has already passed the Senate.

Drug Testing

Welfare Drug Testing Bill Advances in Georgia. A bill that would require food stamp and welfare recipients to undergo drug testing upon "reasonable suspicion" passed the House Judiciary Committee Monday. House Bill 772 now moves to the House floor.

Welfare Drug Testing Bill Stalls in Alabama Senate. A bill requiring drug testing of some welfare applicants hit a roadblock in the Senate Tuesday when Senate President Pro Tem Del Marsh (R-Anniston) adjourned the body after Democrats began fighting the bill. Senate Bill 63 would require drug testing of any applicant with a drug conviction in the last five years. It is just one of five bills in the Republican agenda to tighten regulations for public assistance.

Sentencing

West Virginia Senate Approves Draconian Drug Sentencing Bill. A bill that would increase the penalty for bringing drugs into West Virginia from one year to up to 15 years passed the Senate Monday. It now goes to the House.

International

Russian Drug Czar Rules Out Marijuana Legalization, Methadone Maintenance. The head of Russia's Federal Drug Control Service has called marijuana a dangerous gateway drug and said the authorities did not plan to legalize it, or to allow methadone treatment for heroin addicts. "Marijuana users have a 50 or 60 times higher risk of switching to heroin. There is one step from dope to heroin," Viktor Ivanov said in an interview with the Interfax news agency. He completely ruled out legalization, saying it was too risky in an advanced society. "Today we live in the age of high technology, a lot of things are managed with the help of computer systems. Someone who works at a nuclear power plant can wreak real havoc after smoking marijuana," he said. Ivanov also scoffed at needle exchange and methadone maintenance, saying there was little reliable evidence methadone maintenance worked. [Ed: Ivanov must have missed the entirety large body of research done on both needle exchange and methadone maintenance, which has found them to be effective and of paramount importance.]

Colombia's FARC Calls for Dismantling Drug-Paramilitary Nexus. Colombia's FARC guerrilla army called Tuesday for the dismantling of drug and paramilitary organizations it said were embedded within the Colombian state. The call was part of the FARC's six-point program to deal with the drug issue in the country, which is the fourth item on the agenda of peace talks between the FARC and the Colombian government.

British Chief Constable Says Give Heroin to Addicts. Mike Barton, Chief Constable for Dunham Constabulary, is calling for heroin maintenance for addicts. Such a move would "take money out of drug dealers' pockets," he said, adding that it "isn't practical" to simply arrest addicts. His comments come in a BBC documentary in which he went to Copenhagen to visit drug consumption rooms there.

Chronicle AM -- February 25, 2014

A Europe-wide marijuana legalization initiative campaign is underway, a Republican legalization group will hold its first meeting in Texas, there's still a California legalization initiative trying to make the ballot this year, state legislatures deal reflexively with familiar drug issues, and more. Let's get to it:

The times they are a-changing.
Marijuana Policy

DC Election Board Hears Arguments to Allow Legalization Initiative on Ballot. The District of Columbia Board of Elections heard proponents of a DC legalization initiative argue Tuesday that they should okay the measure for the ballot. The hearing comes days after DC Attorney General Irvin Nathan urged the board to reject the measure because it would conflict with a provision of federal law requiring that residents of public housing be evicted for drug possession. Nathan's opinion is not binding. The board said it would act on the matter within a week.

One California Legalization Initiative Remains and is Seeking $2 Million. And then there was one. The California Cannabis Hemp Initiative has fallen short of its signature-gathering goal and will not make the ballot this year. The Drug Policy Alliance-backed initiative has been set aside for this year, and the Ed Rosenthal initiative designed as an alternative to it, has now likewise been set aside. That leaves only the Marijuana Control, Legalization & Revenue Act, which has until April 18 to gather more than 500,000 valid voter signatures. San Jose dispensary operator and initiative proponent Dave Hodges said the campaign needs $2 million to gather those signatures, and it is still doable. Click on the link for more details.

Republicans Against Marijuana Prohibition to Hold First Meeting in Houston. Yeah, you read that right. Republicans Against Marijuana Prohibition, a national caucus founded in 2012 by Ann Lee, mother of Oaksterdam's Richard Lee, will host its inaugural meeting March 15 in Houston. Click on either link for more details.

New Georgia Poll Has Majority for Legalization. A new Public Policy polling survey finds that 54% of Georgia voters want to see marijuana legalized for recreational use. Support for decriminalization was at 62%. Click on the survey link for further demographic info.

Medical Marijuana

Fed Delay in Supplying Marijuana Blocks PTSD Research. The US Public Health Service (PHS) is blocking researchers who are seeking to learn more about the risks and benefits of using marijuana to treat PTSD, the Multidisciplinary Association for Psychedelic Studies (MAPS) said Monday. A Food and Drug Administration (FDA) and University of Arizona Institutional Review Board (IRB)-approved protocol for a study of marijuana for symptoms of PTSD in US veterans, sponsored by MAPS, has been on hold for over 3½ months, as researchers wait for the PHS to respond to their request to purchase marijuana for the study. The study would explore the safety and effectiveness of smoked and/or vaporized marijuana for 50 U.S. veterans with chronic, treatment-resistant PTSD. Animal studies have already shown that marijuana helps quiet an overactive fear system, but no controlled clinical studies have taken place with PTSD patients. The PHS marijuana review process exists only because the National Institute on Drug Abuse (NIDA) has a Drug Enforcement Administration (DEA)-protected monopoly on the supply of marijuana legal for use in FDA-regulated research. This additional review is not required for research on any other Schedule I drug.

Tampa Medical Marijuana Debate Gets Rowdy. Tampa Bay area residents got an earful at a debate over medical marijuana Monday night. Local news reports said there was "screaming, yelling, and even people dragged out" as Alan St. Pierre of NORML and Florida attorney John Morgan, the man behind the state's medical marijuana initiative, squared off against Kevin Sabet of Project SAM and prehistoric prohibitionist Dr. Eric Voth.

Georgia CBD Medical Marijuana Bill Stalled in Committee. A bill that would allow for the use of CBD cannabis oil to treat epileptic seizures in children is stuck in committee as lawmakers grapple with the issue of how to obtain it. Either growing it or importing it would violate state law. The bill is House Bill 885, which is stuck in the House Health and Human Services Committee.

Oregon Dispensary Regulation Bill Amended to Allow Local Bans. The Oregon bill to legalize and regulate dispensaries statewide, Senate Bill 1531, was amended in a Senate committee vote to allow localities to not just regulate dispensaries, but to ban them. The bill has passed the Senate and is now before the House Judiciary Committee. The statewide dispensary regulation system is scheduled to begin March 3.

Methamphetamine

Michigan Bills to Restrict Pseudoephedrine Purchases Moving. A package of bills designed to crack down on the use of pseudoephedrine in the manufacture of meth passed the state Senate last week. They would ban the sale of the chemical to people with meth convictions and make it a 10-year felony to buy the stuff knowing it's intended to make meth. The bills, sponsored by Sen. John Proos (R-St. Joseph) are Senate Bill 535, Senate Bill 563, Senate Bill 564, and Senate Bill 756.

Prescription Drugs

Oklahoma Prescription Drug Database Bill Moving. A bill that would require doctors to check an online prescription database before prescribing drugs with abuse potential passed the Senate Health and Human Services Committee Monday. Senate Bill 1821, sponsored by Sen. A.J. Griffin (R-Guthrie) now heads for a Senate floor vote.

International

European "Weed Like to Talk" Citizens' Initiative Underway. In the European Union, voters can submit "citizen initiatives" that require EU legislators to propose legislation if they reach a million signatures. The "Weed Like to Talk" initiative began collecting signatures last week for an effort to legalize marijuana. It has about 35,000 signatures so far. Click here to see a by-country count.

Chronicle AM -- February 24, 2014

Marijuana politics continues to dominate the drug news, but meanwhile, the FDA has banned its first tobacco product, the DEA wants you to snitch out pain pill abusers, Delaware makes diverting a pain pill a felony -- and speaking of Delaware and diversion, someone has been diverting Oxycontin from the medical examiner's office, and more. Let's get to it:

Indian-style "bidi" cigarettes -- been banned by the FDA. (wikimedia.org)
Marijuana Policy

Bankers Still Leery Over Doing Marijuana Business. Although the federal government has issued new guidelines designed to ease their fears, financial institutions need to be convinced that they will not be prosecuted should they open accounts for marijuana businesses. "As it stands, possession or distribution of marijuana violates federal law, and banks that provide support for those activities face the risk of prosecution and assorted sanctions," said Frank Keating, president of the American Bankers Association. While he appreciates the effort by the feds, "that doesn't alter the underlying challenge for banks," he added.

Governors Not Too Keen on Legalization. The nation's governors gathered for the National Governors' Association meeting over the weekend, and they were generally not eager to follow Colorado and Washington down the path toward legalization. They worried about the kids and public safety, and Colorado Gov. John Hickenlooper (D) counseled them to go slow.

Zero Tolerance DUID Bill Introduced in California. Assemblymen Jim Frazier (D-Oakley) and Lou Correa (D-Santa Ana) have introduced a bill that would make it illegal to drive with any detectable amount of THC in one's blood. The bill is Assembly Bill 2500. Correa introduced a similar measure last year, but it was defeated.

Forty Maine Lawmakers Urge Consideration of Marijuana Legalization. On Friday, more than 40 state lawmakers in Maine co-signed a memo authored by State Representative Diane Russell that was delivered to the Appropriations & Financial Affairs Committee. The memo encouraged the committee to keep all options on the table in their upcoming financial deliberations, including potential tax revenue derived from an adult, non-medical market for marijuana. "All options should be on the table," Rep. Russell stated in the memo. "In this spirit, we propose committee members give serious consideration to the revenue options associated with legalizing, taxing and regulating cannabis for responsible adult use."

Marijuana Legalization Bill Filed in Florida. Rep. Randolph Bracy (D-Orange County) last Thursday introduced a legalization bill, House Bill 1039. No word yet on where it's headed.

Maryland Marijuana Reform Measures Get Hearings Tuesday. The Senate Judicial Proceedings Committee will hold hearings on a legalization bill and a decriminalization bill Tuesday. The legalization bill is Senate Bill 658, sponsored by Sen. Jamie Raskin (D-Montgomery). The decriminalization bill is Senate Bill 364, sponsored by Sen. Robert Zirkin (D-Baltimore).

Maryland Poll Has Plurality for Legalization. A new Washington Post poll has support for marijuana legalization at 49%, with 43% opposed. Of those opposed, 48% support decriminalization. That means support for decrim is over 70%.

Medical Marijuana

Big Majority for Medical Marijuana in Ohio. A new Quinnipiac poll has support for medical marijuana at 87% in the Buckeye State.

Utah CBD Medical Marijuana Bill Passes House Committee. A bill that would allow children with epilepsy to use high-CBD cannabis oil passed the House Law Enforcement Committee on an 8-2 vote last Thursday. House Bill 105 now heads to the House floor.

Prescription Drugs

Delaware Law Makes Taking Your Brother's Pain Pills a Felony. A bill drafted by state Attorney General Beau Biden in a bid to stop illegal prescription drug use makes it a felony for a family member or health care professional to divert prescription medications. Offenders will also be placed on a scarlet letter list, the Adult Abuse Registry. House Bill 154 was signed into law by Gov. Jack Markell (D) last week.

Law Enforcement

Missing Dope Scandal at Delaware Medical Examiner's Office. Drugs sent to the Medical Examiner's Office for testing between 2010 and 2012 have gone missing, sometimes replaced with fakes, investigators said Saturday. At least 15 drug cases have been flagged as having tainted or missing evidence, but that could just be the tip of the iceberg. Almost all of the cases involve Oxycontin. The Medical Examiner's Office has quit doing drug analysis for the time being as the investigation continues.

Jury Awards $2.3 Million to Family of Georgia Pastor Killed By Narcs. A federal jury has awarded $2.3 million to the wife of Jonathan Ayers, a Georgia pastor gunned down by plainclothes narcotics officers as he attempted to flee from them at a gas station. They were investigating a woman who had allegedly sold $50 worth of cocaine, and saw her in his car. The narcs jumped out at Ayers and he attempted to flee, slightly striking one of them. They then shot him nine times, killing him. Read Radley Balko's complete piece at the link above to get all the hideous details.

DEA Wants You to Rat Out Suspected Pain Pill Abusers. The DEA is rolling out a new text-messaging system to report illegal prescription drug use and sales. Pilot programs are underway in Philadelphia and Georgia. The federal agency is also distributing pamphlets to 1,200 Atlanta-area pharmacies to encourage the use of the reporting system.

Tobacco

FDA Bans First Tobacco Product. For the first time, the Food and Drug Administration (FDA) has used its regulatory powers to ban a tobacco product. The agency moved against "bidis," a style of cigarette from India. Banned are Sutra Bidis Red, Sutra Bidis Menthol, Sutra Bidis Red Cone, and Sutra Bidis Menthol Cone, which are manufactured by Jash International. FDA used its authority under the 2009 Family Smoking Prevention and Tobacco Control Act to ban them as "not substantially equivalent" to tobacco products sold as of February 15, 2007.

Harm Reduction

Georgia Harm Reduction Bills Moving. A 911 Good Samaritan bill (House Bill 965) and a naloxone access bill (House Bill 966) are moving in the legislature. The former passed out of the House Rules Committee Monday and is set for a floor vote tomorrow, while the later goes before the Rules Committee tomorrow. It's time to call your representatives, says Georgia Overdose Prevention.

Buffalo Police to Carry Opioid Overdose Reversal Drug. Police in Buffalo, New York, are the latest law enforcement personnel to begin carrying naloxone, the opioid overdose reversal drug, with them in a bid to reduce overdose deaths. "We've seen a nationwide epidemic of heroin overdoses. It's hitting Buffalo. It's hitting the suburbs," said Police Commissioner Daniel Derenda. "Basically, if somebody's overdosing, this could save their life."

International

Italian Harm Reductionists Call for Thorough Review of Drug Policies. The Italian Harm Reduction Association (ITARDD) issued an open letter Monday calling on politicians and the state to engage in a national dialogue about drug policy that includes harm reduction. The group also called for control over drug policy to be taken from the Anti-Drug Policy Department and be put in the hands of the health and welfare ministries.

Belgian Socialists Adopt Marijuana Legalization Plank. The Belgian socialist party SP.A (the Flemish socialist party) narrowly adopted a proposal by its Young Socialist section to legalize marijuana. The move came at the party's congress in Brussels, ahead of elections set for May 25.

Jamaica Governing Party Legislative Leader Hints Decriminalization is Coming. Leader of Government Business in the House of Representatives Phillip Paulwell signaled that decriminalization is coming to Jamaica this year. "It is my view that decriminalization of the weed will become a reality this (calendar) year, arising from the parliamentary debate and the support by the majority of the members, I believe it will be approved this year." But legalization is out of the question for now, he added.

Top Lawyer's Opinion Threatens DC Marijuana Legalization Initiative

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

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

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

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

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

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

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

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

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

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

Washington, DC
United States

Chronicle AM -- February 17, 2014

Olympic drug testers back off on marijuana, a surprise marijuana vote in New Mexico, a bad medical marijuana bill in Michigan, NYPD's most sued cops are all narcs, a new South Australian law criminalizes some speech about synthetic drugs, and more. Let's get to it:

You don't even want to talk about synthetic stimulants now in South Australia. (wikimedia.org)
Marijuana Policy

New Mexico Senate Committee Votes to Remove Marijuana from Schedule I. In a surprise move, the Senate Judiciary Committee Saturday voted to remove marijuana from the state's list of controlled substances. The move came in the form of an amendment by Sen. Cisco McSorley (D-Albuquerque) to a synthetic cannabinoids ban bill, Senate Bill 127. The bill goes now to the full Senate.

Poll Finds Majority Support for Legalization in New York. A new Quinnipiac University poll released today shows that New Yorkers support the legalization of small amounts of recreational marijuana 57% to 39%, while 45% of those voters say marijuana is no more dangerous than alcohol and 36% say it's less dangerous. The poll also found whopping 88% support for medical marijuana. Click on the poll link for more details.

Medical Marijuana

Michigan Bill Would Allow Landlords to Prohibit Patient Use on Private Property. A bill that would allow Michigan landlords to ban the use, possession, or cultivation on private property is set for a committee hearing this week. Senate Bill 783, sponsored by Sens. Rick Jones (R-Grand Ledge) and James Marleau (R-Lake Orion), gets a hearing before the Senate Judiciary Committee tomorrow afternoon. Foes called the bill "hostile" and "unnecessary."

Synthetic Drugs

Synthetic Drug Ban Bill Passes Alabama Senate. A bill that would expand Alabama's ban on new synthetic drugs passed the Senate last Thursday and now heads to the House. Senate Bill 333, sponsored by Sen. Arthur Orr (R-3rd District), would add additional synthetic cannabinoids and other analogues to the ban. Next stop is the House Judiciary Committee.

(See the international section below for another synthetic drugs item.)

Law Enforcement

Meet NYPD's Most Sued Cops -- They're All Narcs. The New York Daily News reveals that 55 NYPD officers have been sued 10 times or more at a cost to the city of over $6 million. The Daily News then profiled the four officers with the most lawsuits filed against them. All four are narcotics officers. And for some reason, all four are still on the job.

Senators Still Looking for Answers on Customs Searches of Domestic Private Aircraft. It took holding up the nomination of current drug czar Gil Kerlikowske to head Customs and Border Protection (CBP), but a pair of US senators finally got a response from CBP to their months-old question about how and why the border protection agency was stopping and searching private aircraft that had never left the US. Sens. Pat Roberts (R-KS) and Jim Risch (R-ID) put the hold on the nomination, and while CBP has responded, they say they are still not satisfied with the response and sent a February 12 letter requesting a briefing and additional written responses from DHS. Click on the title link to get all the details.

Sentencing

California Defelonization Sentencing Reform Initiative Cleared for Circulation. A sentencing reform initiative whose proponents are San Francisco District Attorney George Gascon and San Diego Police Chief William Landsdown has been approved for signature gathering. The initiative would require misdemeanor sentences instead of felonies for a number of petty crimes, including certain drug possession offenses. It would also require resentencing for people currently serving felony sentences for those offenses. It needs 504,000 valid voter signatures before the end of spring to qualify for the November ballot.

International

Olympics Drug Testers Raise Permissible Levels for Marijuana. The World Anti-Doping Association (WADA) has raised the permissible level of marijuana in athletes' urine from 15 nanograms per millileter to 150 nanograms. Although WADA considers marijuana to be a performance enhancing drug, it also conceded that it also "is a socially more or less an accepted drug being used in social context" and raised the threshold accordingly. "That's a reasonable attempt at dealing with a complicated matter and that was agreed upon as the best way to proceed with this particular issue," Arne Ljungqvist, head of the International Olympic Committee's medical commission, told reporters Saturday in Sochi. "There is a big debate on it."

Harsh New Synthetic Drug Laws Now in Effect in South Australia. New laws that heighten criminal penalties for selling or manufacturing synthetic stimulant drugs went into effect across South Australia today. In addition to increased prison sentences, the Controlled Substances (Offences) Amendment Bill 2013 also outlaws the "promotion" of synthetic drugs or causing another person to believe they caused effect similar to an illegal drug or similar to a legal stimulant. Those speech-crime offenses are punishable by up to two years in prison.

Marijuana Decriminalization Bill Filed in Bermuda. Members of the opposition People's National Party filed a marijuana decriminalization bill Friday. The Decriminalization of Cannabis Act would remove criminal penalties for the possession of up to half an ounce, but Attorney General Mark Pettingill seemed quite perturbed by it, accusing the PNP of coming "swashbuckling in" with a "very badly thought out" bill.

Norway Approves Use of Naloxone for Overdose Reversal. Norway has Europe's worst overdose rate, and now the Scandinavian country is preparing a pilot program that will offer the overdose reversal drug naloxone (Narcan) in its two most populous cities, Oslo and Bergen, later this year. Since 2002, about 240 people have died each year in Norway from heroin overdoses, more than have died from traffic accidents.

Vancouver Clinic Seeks Federal Approval for Long-Running Safe Injection Site. The Dr. Peter Center, which has quietly provided supervised injection services for its clients since 2002, is now seeking a formal exemption from Canada's Controlled Drugs and Substances Act to be able to do so legally. The move, which comes in the wake of a 2011 Canadian Supreme Court decision stopping the federal government from shutting down the Insite supervised injection site in the Downtown Eastside, has the support of the city and provincial governments.

Mexico Marijuana and Drug Reform Bills Filed [FEATURE]

Late last week, lawmakers in Mexico City filed two bills that would begin to radically transform the country's approach to drugs. One was introduced in the Mexico City legislative assembly and one in the federal legislature.

http://stopthedrugwar.com/files/mexico-seal-231px.jpg
The moves come as the debate over drug policy in general and marijuana in particular heats up in the region. The legalization of marijuana in Uruguay and the US states of Colorado and Washington has enlivened ongoing efforts at drug reform in Mexico, and the country continues to bleed from the violence associated with criminal organizations that rose to power on the back of drug prohibition.

They also come just days after four former Latin American presidents -- Ernesto Zedillo of Mexico, Ricardo Lago of Chile, Fernando Enrique Cardoso of Brazil, and Cesar Gaviria of Colombia -- penned an open letter in support to Mexico City Mayor Miguel Angel Mancera, himself a proponent of legalization.

"This is a necessary debate to have for Mexico City, Mexico and the entire region," the four ex-presidents said. "Something needs to change as 40 years of immense efforts and funds have failed to reduce both the production and consumption of illicit drugs."

"We believe we're making a very important contribution to a global debate that has to do with rethinking the issue of drugs," Vidal Llerenas, a member of the Mexico City Legislative Assembly and sponsor of the local legislation, said at Thursday news conference announcing the bills.

"The aim of this legislation is not to change the drug sphere in the city, but rather to simply avoid criminalizing those who consume marijuana," said Deputy Eduardo Santillan Perez, another sponsor of the bill.

The Legislative Assembly in Mexico City
The Mexico City bill would de-emphasize small-time marijuana prosecutions. It would instruct police and judges to deprioritize prosecution of marijuana violations in some circumstances, and it would create a Portugal-style "dissuasion commission" which could impose administrative sanctions on offenders instead of subjecting them to the criminal process.

The bill would also allow for the limited retail sales of marijuana in the Federal District. Such sales could only take place under certain criteria, including posting warnings to consumers about potential health risks. Retailers would not be allowed to sell to minors or be located near schools, and they would not be allowed to sell adulterated marijuana. Retailers who complied with these criteria would be issued permits to sell marijuana by the district government's Institute for the Attention and Prevention of Addictions.

The federal bill would raise possession limits for the amount of drugs decriminalized under a 2009 law. Under that law, the possession of up to five grams of pot was decriminalized; the new bill would increase that to 30 grams (slightly more than an ounce). It would similar increase the decriminalized possession limits for drugs such as cocaine, heroin, and methamphetamine.

The federal bill would also allow for the use of medical marijuana. And it would devolve some decision making power on drug policy issues from the federal government to states and cities.

There are clear medicinal benefits to using marijuana, said PRD Deputy Fernando Belaunzaran Mendez, and denying these benefits "is like when the clergy denied Galileo's claim that the Earth moves."

The prospects of passage are much better for the Mexico City bill than the federal bill, because the Party of the Democratic Revolution (PRD), whose members introduced both the local and the federal bills, dominates the Mexico City assembly, but not the federal one. Mexico City, which has moved to allow abortion, divorce, and same-sex marriage, is also more socially liberal than the country as a whole. The Mexico City bill is likely to be debated early next month.

Both bills had their genesis in discussions that began last summer, when the Mexico City legislature organized public hearings to explore alternative solutions to the city's drug problems. Civil society groups, including México Unido Contra la Delincuencia (MUCD), the Colectivo por Una Politica Integral Hacia las Drogas (CUPIHD), and Britain's Transform Drug Policy Foundation were deeply involved in the drafting process, along with lawyers, medical professionals, security professionals and drug policy experts.

"Of the four specialists that helped draft the bill, two were from CUPIHD," said Alejandro Madrazo Larous, a constitutional law expert, law professor and CUPIHD member who helped draft the bill.

He told the Chronicle that international reform currents were indeed percolating in Mexico.

"As other countries move forward with reforms, it just seems more and more absurd that we are killing each other in Mexico to ban something that is becoming a regulated business," he said.

Reefer Bender in Mexico City wants to legalize it. (Phillip Smith, Drug War Chronicle)
"We welcome this attempt to replace stringent cannabis law enforcement with humane, just and effective alternatives," said MUCD's Lisa Sanchez. "Decades of punitive responses have failed to reduce levels of use and have effectively left the market in the hands of criminal entrepreneurs whose watchwords are violence and greed. This is a great opportunity for the government to adopt a new approach to drugs and improve the health and safety of its citizens. Let's not waste it."

"On the heels of historic marijuana legalization victories in Washington, Colorado and Uruguay, it's promising to see other countries and jurisdictions following suit. The innovative nature of the marijuana bill -- which combines elements of marijuana regulation models from around the world -- demonstrates that reforms can be tailored to fit the local context," said Hannah Hetzer, policy manager for the Americas at the Drug Policy Alliance.

"Mexico has suffered immensely from the war on drugs," Hetzer continued. "Amidst extreme levels of violence and crime, it is encouraging to see Mexico's capital city attempt to refocus its efforts away from marijuana possession and low-level drug offenses and to invest in reducing violent crime instead."

Madrazo Larous said passage of the bills would smartly reprioritize law enforcement, but that it would take work.

"I think they have a chance," he said. "We are reaching out for more support. If we can pass this at the national level, it would free up resources at the local level which would allow for better criminal investigation and prosecution of violent crimes. Today, we waste too many resources running after consumers and petty dealers."

With marijuana legalization also on both the legislative and the popular agenda in Washington, DC, it appears that Mexico City and Washington are in a race to see which North American capital city becomes the first to allow legal marijuana sales. Sorry, Ottawa.

Mexico City
Mexico

Chronicle AM -- February 14, 2014

Marijuana legalization is dead in the Hawaii statehouse this year, but still kicking at the Oregon capitol, the annual Monitoring the Future survey is out, Uruguay's president chides the US and Europe on drug policy, and more. Let's get to it:

Uruguayan President Mujica has some advice for the US and Europe (wikimedia.org)
Marijuana Policy

Hawaii Legalization Bill Killed, But Decrim Bill Still Lives. A bill that would have legalized marijuana in the Aloha State died in a state Senate committee Thursday, but a decriminalization bill still lives. Senate Bill 2733 was "deferred" in committee, or, as Sen. Will Espero, chair of the Public Safety Committee said in remarks reported by the Associated Press, "At this time, the legalization bill is dead." But a decriminalization bill, Senate Bill 2358, remains alive.

Oregon Bill to Put Legalization on November Ballot Advances. A bill that would put marijuana legalization to the voters in November advanced on a 3-2 vote in the Senate Judiciary Committee Thursday. Senate Bill 1556 must now pass the Senate Rules Committee before going to a Senate floor vote. Supporters said it would give the legislature more control than a legalization initiative sponsored by New Approach Oregon.

Maryland Bill Would Ban Cooperation With Feds on Marijuana Prohibition. A bipartisan group of legislators has introduced a bill that would refuse cooperation with federal marijuana prohibition laws. House Bill 1016 prohibits enforcement of any federal law or regulation prohibiting cannabis by any state agency, political subdivision of the state, or any agent or employee of the state or political subdivision of the state acting in their official capacity, or a corporation providing services to the state or political subdivision. The bill relies on the "anti-commandeering" doctrine that says states cannot be compelled to enforce federal laws. Click on the link for more.

Tennessee Poll Reveals Splits on Marijuana Policy. A Middle Tennessee State University poll has found that only 33% said it should be legalized, with 57% saying it shouldn't. But when that 57% was asked if adults should be allowed to have marijuana if prescribed by a doctor, nearly two-thirds of them said yes. When the one-third that said legalize is combined with the 36% that said medical was okay, that creates a strong majority at least for medical marijuana.

Medical Marijuana

Kansas Legislative Foes Snub Debate. Key legislators blocking the advance of medical marijuana bills added insult to injury Friday by failing to show up to an informal debate on the issue at the state capitol to which they had been invited. Sen. David Haley (D), author of Senate Bill 9, invited Senate President Susan Wagle (R) and Committee on Public Health and Welfare Chair Sen. Mary Pilcher-Clark to the event sponsored by Kansas for Change, but they were no-shows.

Guam Medical Marijuana Bill "Inorganic," Election Commission Says. The legal counsel for the Guam Election Commission said Thursday a pending medical marijuana bill violates the Organic Act that established democratic government in the US territory. At the request of legislators, Senate Bill 215 sponsor Sen. Tina Muna Barnes (D-Mangilao) amended her bill to have it approved by voters in a referendum, but the legal counsel said the Organic Act has no provision for such referenda.

New Hampshire Medical Marijuana Modification Bill Stalled. A bill that would expand the state's medical marijuana program to include several more diseases, but also limit the amount of marijuana patients could purchase in a month is on hold after key lawmakers said it needed more work. House Bill 1616 has some problematic provisions, including one that would criminalize patients for possessing their medicine in a motor vehicle unless it is in a locked container, legislators said. Lawmakers will continue to review it, they said.

Drug Use

Annual Monitoring the Future Teen Drug Use Study Released. The annual survey of drug, alcohol, and tobacco use among 8th, 10th, and 12th graders was released Thursday. There's not a whole lot shocking in it. Illicit drug use is generally down slightly, except for marijuana, which is up slightly, although in "non-significant" amounts among 8th and 10th graders, and flat for 12th graders. The complete survey is at the link.

International

Uruguay's Mujica Says US, European Drug Policies Must Change. In an interview with Reuters Thursday, Uruguayan President Jose Mujica, whose country recently legalized marijuana commerce, said the US and Europe need to find a new strategy to deal with drugs. "The industrial societies are the ones that have to change," he said. "For a small country, it's possible to experiment with this, but it's also very possible for a developed country because of the resources it has. There are big markets, they have great buying power, and that is a big economic attraction. Until things change there, it will be very difficult to change elsewhere," said Mujica. "Any North American state is more important than Uruguay, in dimensions, in its economic force," he said. "But it's still a bit like a lady embarrassed to admit her natural sins and lying to herself. What we are doing is much more open."

UNODC Calls on Sri Lanka to Enact More Prohibitionist Laws to Stop Sea Smuggling. The United Nations Office on Drugs and Crime (UNODC) Thursday called on Sri Lanka to enact mechanisms allowing it to prosecute those caught drug smuggling on the high seas. UNODC complained that without such a law, smugglers caught at sea off Sri Lanka are simply set free after their drugs are dumped into the ocean. The Sri Lankan government said it would have to consider the idea. [Ed: The thriving global drug trade and dim interdiction statistics demonstrate the futility of the approach that UNODC is calling for.]

No Marijuana Legalization for Hawaii This Year

A bill that would have legalized marijuana in the Aloha State died in a state Senate committee Thursday, but a decriminalization bill still lives.

Senate Bill 2733 was "deferred" in committee, or, as Sen. Will Espero, chair of the Public Safety Committee said in remarks reported by the Associated Press, "At this time, the legalization bill is dead."

But a decriminalization bill, Senate Bill 2358, still lives.

The AP reported that decrim got a much less frosty reception than the legalization bill, so stay tuned.

Location: 
Honolulu, HI
United States

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