Paraphernalia

RSS Feed for this category

Chronicle AM: Sessions "Surprised" By MJ Support, VT MJ Bill on Last Legs, More... (4/12/17)

The US attorney general admits being surprised that people don't like his stance on marijuana, Vermont's legalization bill is on a death watch, Illinois legalizers gear up, and more.

Who knew marijuana legalization was popular? (senate.gov)
Marijuana Policy

Jeff Sessions "Surprised" By Opposition to His Marijuana Stance. At a speech at Luke Air Force Base in Arizona Tuesday, Attorney General Jeff Sessions pronounced himself "surprised" that his position against marijuana was drawing criticism. "When they nominated me for attorney general, who would have thought the biggest issue in America was when I said, 'I don't think America's going to be a better place if they sell marijuana at every corner grocery store?,'" Sessions asked. "They didn't like that; I'm surprised they didn't like that."

Hawaii Bill Would Roll Back Nation's Toughest Drug Paraphernalia Laws. Under current Hawaii law, possession of a pipe or bong for marijuana is punishable by up to five years in prison and a $10,000 fine, but perhaps not for long. A measure that would decriminalize marijuana paraphernalia, House Bill 1501, passed the Senate Tuesday. The bill has already been approved by the House, but differences in the amount of fines allowed will have to be ironed out in conference committee.

Illinois Legalization Backers Unveil Statewide Coalition. State Sen. Heather Steans (D) and Rep. Kelly Cassidy (D), the legislators behind the marijuana legalization bill, House Bill 2353, announced Tuesday that the bill would get a first hearing next week and that they had formed a statewide coalition, the Coalition for a Safer Illinois to garner public and legislative support.

Vermont Legalization Bill on Verge of Death. The prospects for the Green Mountain State legalizing marijuana this year grow exceedingly dim. Senate leaders said Tuesday their body is extremely unlikely to support a legalization measure, House Bill 170, currently stuck in the House. Proponents in the House had hoped they could get it moving again, but Senate President Pro Tem Tim Ashe said even if it passed the House, it still faced "insurmountable obstacles" in the Senate. The House bill would only legalize possession and personal cultivation -- not commercial marijuana -- while the Senate wants a regulated market.

Medical Marijuana

New Hampshire Medical Marijuana Bills Get Hearing. Measures that would add new qualifying medical conditions and allow patients to grow their plants got a hearing in the Senate Tuesday. The bills have already passed the House. No votes were taken, though.

Chronicle AM: House GOP Wants to Drug Test for Unemployment Benefits, More... (2/15/17)

Vermont's GOP governor throws up an obstacle to marijuana legalization, the House GOP is set to vote to force unemployed workers to take drug tests before receiving their earned benefits, the rightist mayor of South America's largest city turns his back on harm reduction, and more.

House Republicans want laid off workers to have to undergo suspicionless drug tests before receiving their earned benefits.
Marijuana Policy

Oregon Bill Would Limit Pipe, Bong Sales to Pot Shops. Minority whip Rep. Jodi Hack (R-East Salem) has filed a bill that would only allow pot paraphernalia to be sold a licensed marijuana shops. Hack said the measure, House Bill 2556, was aimed at stopping minors from buying the stuff at gas stations, minimarts, and tobacco shops. But smoke shop operators and other retailers are vowing a fight.

Vermont Governor Demands Tough Driving Provisions Before He Will Support Legalization. Gov. Phil Scott (R) says he will not support a legalization bill before the legislature unless it has provisions allowing police to determine is someone is driving while impaired. "Certainly it's still problematic from the standpoint of public safety," said Scott. "I want to make sure that we address those concerns I talked about on the campaign trail in terms of impairment on our highways." He also acknowledged that current tests don't provide clear evidence of impairment, but used that uncertainty to say Vermont should wait and see how other states deal with the issue.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Advance. The House voted Monday to approve two bills aimed at tidying up the state's new medical marijuana law. The measures, both authored by Rep. Doug House (R-North Little Rock) are House Bill 1371, which requires that Arkansans hold 60% ownership interest in pot businesses in the state, and House Bill 1298, which requires that persons, not corporations, hold the licenses. The bills now head to the Senate.

South Dakota CBD Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Bill 95, which would reschedule CBD as a Class 4 drug in the state and remove it from the definition of marijuana under state law. The bill would legalize the possession and use of CBD, but only upon approval by the FDA. That requirement was added in committee.

Drug Testing

House to Vote on Drug Testing the Unemployed. The House was prepared to vote as early as today on House Joint Resolution 42, which would undo Obama administration limits on drug testing people seeking unemployment benefits. Under a compromise to extend unemployment benefits in 2012, the Obama administration agreed to limited drug testing, but only once the Labor Department had identified industries and sectors that "regularly require drug tests." People receiving unemployment benefits are people who have been laid off from work, not people who have been fired for cause, including drug use. People who are fired for cause don't qualify for unemployment benefits.

Arkansas Senate Approves Bill Making Welfare Drug Testing Permanent. The Senate Tuesday approved Senate Bill 123, which would make permanent a welfare drug testing pilot program approved two years ago, even though the pilot program had only two people fail a drug test and 11 decline to take it out of more than 3,000 people who applied for welfare last year. Under the Arkansas law, the children of people who fail a drug test lose their benefits unless their parent undergoes drug treatment at his or her own expense. The bill now goes to the House.

International

Sao Paulo's New Mayor Turns Back on Successful Harm Reduction Program. New Mayor Joao Doria will scale back a successful harm reduction program that provided housing and jobs to people with problematic crack cocaine use and replace it with a coercive and abstinence-based program. The Restart program Doria likes involves the involuntary "hospitalization and confinement of those who are victims of crack so that with medical treatment, they can stay away from drugs," he explained.

Venezuela VP Shrugs Off US Drug Sanctions. The Venezuelan government Tuesday condemned US sanctions imposed a day earlier on Vice President Tareck El Aissami as a "highly dangerous" infringement of Venezuelan sovereignty, while El Aissami himself called it a "miserable and defamatory aggression" that wouldn't distract him from his job. The US accuses El Aissami of facilitating cocaine shipments while he was a provincial governor.

Missouri Marijuana, Hemp Bills Filed

Members of the Missouri legislature have introduced three different marijuana law reform bills this month -- one to decriminalize possession; one to expunge misdemeanor offenses, including possession, from the record after five years; and one to legalize industrial hemp.

Rep. Rory Ellinger (D-University City) and two cosponsors introduced the decriminalization bill, House Bill 512, at a press conference earlier this month. The bill would make the possession of up to 35 grams of marijuana or paraphernalia punishable only by a fine, but it would still be a criminal offense -- a misdemeanor -- instead of a civil infraction. The bill would also encourage judges to use "suspended imposition of sentence," under which the person is not convicted and, if he successfully completes a probationary period, there is no longer any public record of the matter.

Perhaps decriminalization is not quite the right word."Depenalization" would be more correct.

"Every year, nearly 20,000 Missourians are put in chains and then relegated to second-class citizenship by a criminal record for the possession of small amounts of marijuana," said John Payne, executive director of Show-Me Cannabis Regulation, who addressed the press conference. "This policy costs Missouri taxpayers tens of millions of dollars every year, but does nothing to decrease marijuana use or eliminate the harms associated with the black market. There are no other proposals before our legislators that can do so much good so easily."

At the same press conference, Rep. Ellinger also introduced the expungement bill, House Bill 511. Under current Missouri law, only a very few specified offenses can be expunged. This bill would allow expungement for all misdemeanor offenses, including marijuana and paraphernalia offenses, except for violent or sex offenses.

"Although these measures may seem like long shots, one year ago, no one would have predicted that the Republican majority in both houses would reduce the sentencing disparity between crack and powder cocaine or reduce the term of probation in most felony drug cases by one half, especially during an election year," said Dan Viets, a veteran attorney with Show-Me Cannabis Regulation. "Those reforms passed with bipartisan support, and these bills can too. That means we will do everything we can to make it happen in 2013."

And this week, Sen. Jason Holsman (D-South Kansas City) introduced an industrial hemp bill, Senate Bill 358. It would exempt industrial hemp -- defined as containing less than 1% THC -- from the state's controlled substances act and allow anyone not convicted of a drug-related crime to grow it. An identical bill was introduced in the House last year, but didn't move.

After the snow melts in Missouri, legislators will be getting back to work. It would be nice if the Show Me State could show the rest of us the way forward.

Jefferson City, MO
United States

Irony Alert: Anti-Marijuana Newspaper Runs Ads for Pot Paraphernalia

Christian Science Monitor has a bit of a reputation for launching rabid attacks against the marijuana legalization movement, so you can imagine my surprise to find them advertising the high-end Volcano Vaporization System™ right next to an anti-legalization editorial.

http://stopthedrugwar.org/files/CSMvaporizer.jpg

What fun. Thanks to the targeted marketing geniuses at Google, Christian Science Monitor can collect revenue by promoting sleek vaporizers to the marijuana enthusiasts who stop by to laugh at the pathetic anti-pot propaganda they're constantly publishing.

Now to be fair, it's very possible that they never even had a clue this was happening. If you let them, Google will sell stuff in your sidebar that relates to the subject of the article on the page, and your site gets a cut according to the number of clicks. We do the same thing here at StoptheDrugWar.org, and we've occasionally noticed some really sleazy anti-drug propaganda and other questionable crap popping up in our ad space from time to time. We can reject specific ads, but it's not an easy thing to monitor 24/7, and frankly I think it's hilarious when I write an editorial trashing the idiotic drug policy ideas of some prohibitionist politician, only to have an ad for his presidential campaign pop up on the side of the page. It's like these people are paying me to make fun of them.

So when it comes to Christian Science Monitor running ads for awesome high-tech pot paraphernalia, the point isn't that they're being willfully hypocritical. Rather, it just looks really stupid. It's amusing, and perhaps even significant, that Google's algorithm recognizes pot products as they best thing to sell to the people reading these articles. Here you have these anti-pot fanatics running redundant anti-drug editorials in a desperate attempt to dial back the forward momentum of the legalization movement, and one inch away you see Google asking, "Would anyone like to buy a badass vaporizer?"

It says an awful lot about the economics of marijuana that Christian Science Monitor can't even promote prohibition without inadvertently becoming part of the pot economy.

Western Australia Toughens Marijuana Laws

Marching boldly backward into the 20th Century, the Liberal-National state government in Western Australia announced Sunday that it will put into place more repressive marijuana laws as of August 1. Western Australia had effectively decriminalized the possession of up to 30 grams of pot under the previous Labor government, with violators ticketed and fined between $100 and $200.

But Police Minister Rob Johnson said those "relaxed, soft drug laws" would be repealed and replaced by a tougher regime. "What it will mean is that those people caught with cannabis will not simply get a slap on the wrist," he told reporters.

Under the new law, the personal use amount will shrink to 10 grams, and people caught with those small amounts will not be ticketed, but referred to court and will receive a Cannabis Intervention Requirement to attend a mandatory counseling session. People possessing more than 10 grams will face up to two years in prison or a $2,000 fine. Persons possessing more than 100 grams (less than a quarter-pound) will be charged with the Australian equivalent of possession with intent to distribute and could face up to two years in prison or a $20,000 fine.

But wait, there's more: Under Labor, the possession of up to two pot plants was treated as a ticketable offense, while under the new law, violators will face up to two years in prison. The new law also criminalizes pot paraphernalia sales, with fines of up to $10,000 for sales to adults and a prison sentence of up to two years or a fine of up to $24,000 for sales to minors.

The Liberal-National government had complained that under the existing system, 95% of those ticketed chose to pay "the equivalent of a parking ticket" instead of attending educational sessions. "Hardly anybody ever turned up, so it just didn't work," Johnson said, adding that nearly a third of those who chose to be fined never paid up.

The Liberal-National state government has made its fight against illegal drugs a signature issue, and Johnson was in fine form Sunday. Johnson said to expect more drug initiatives in the near future. The rising number of methamphetamine labs in Western Australia is a hot issue, but it was all about marijuana Sunday.

"The amount of toxicity in cannabis is enormous these days and it's very damaging to people's brains," he said. "It can cause schizophrenia and create terrible mental health problems. The heady days of growing, rolling and smoking your own that was allowed under the previous Labor government are over," he said. "Under the new scheme, anyone caught will have no option but to attend a one-on-one intensive Cannabis Intervention Session within 28 days of the offense or face prosecution through the courts."

But opposition Labor Party police issues spokeswoman Margaret Quirk told the Sydney Morning Herald the government's move toward more repressive pot policies was misguided and an effort to deflect criticism over harder drugs.

"The only reason the government is making a big fuss of these laws now is it's under increasing pressure in relation to the growing amphetamine problem," she said, adding that drug labs were exploding in the Perth suburbs." The new pot laws were a "nice, symbolic thing for the government to do to show they're tough on drugs" but it was much harder to get on top of the amphetamine problem, she said. "It's all about the smoke and mirrors, it's not about really targeting our laws where they're needed," Quirk said.

Labor wasn't alone in criticizing the new law. The Australian Lawyers Alliance quickly stepped up to rip into it.

"There is nothing novel about this approach," Alliance spokesman for Western Australia Tom Percy told Western Australia Today. "It will take no toll against crime. We're fighting an old war, lost a long time ago. To say you plan to fight drugs by increasing penalties is like going into a nuclear war armed with medieval weapons. It makes no difference and is nothing more than a political stunt. It's hardly a serious act that will have the drug overlords quaking in their boots," he said. "A public campaign will be far more successful than increasing the penalties."

For a few years in the past decade, Western Australia was looked to as an example of how to implement progressive marijuana law reforms. Not any more, at least not until the current state government is replaced.

Perth
Australia

Florida smoke shops sue state over new law restricting pipe sales

Location: 
FL
United States
Smoke shops throughout Florida are hoping a new law that regulates what they can sell will be repealed. The law makes it a misdemeanor for a smoke shop to generate more than 25 percent of its sales from pipes or smoking devices. Thirty businesses have sued to block enforcement of the rules, which took effect in July.
Publication/Source: 
Sun Sentinel (FL)
URL: 
http://www.sun-sentinel.com/news/broward/fl-smoke-shop-law-20100808,0,6406519.story

Tim Pawlenty is a Drug War Idiot

But don't take my word for it, just look what he did:

Despite near-unanimous support, Gov. Tim Pawlenty has vetoed a bill preventing prosecutors from using bong water to calculate the weight of controlled substances in drug prosecutions — and a lawmaker who helped pass the legislation accused the governor of doing so for political reasons.

The bill was the result of a 4-3 Minnesota Supreme Court decision last year that allowed Rice County prosecutors to charge Sara Ruth Peck, 47, of Faribault, with first-degree drug possession — a charge often reserved for drug dealers — after the water in a glass pipe tested positive for traces of methamphetamine.

If Pawlenty is condoning this nonsense for political reasons, he needs to go on the internet or something. This guy is a rumored republican presidential candidate for 2012, but he apparently missed the memo that mind-blowing acts of reefer madness aren't exactly selling out stadiums these days.

Perhaps this bong controversy is too nuanced to screw him, but his veto of a medical marijuana bill that would only have protected dying patients is another story. Note to Gary Johnson: if you find yourself in a debate with Tim Pawlenty, ask him why he wants to arrest terminal AIDS patients for using pot brownies to stimulate their appetite.

And while you're at it, ask him if he thinks Michael Phelps should have been charged as a drug trafficker for the weight of the water in that bong he smoked.

Paraphernalia: Florida Legislature Passes Bill Banning Bong Sales

In a move aimed directly at marijuana smokers and the vendors who supply them with their pipes and bongs, the Florida legislature has passed a bill that will make it illegal to sell drug paraphernalia in most head shops. The bong bill, HB 187, passed the Senate earlier and was approved unanimously in a House floor vote on Wednesday. It now awaits signature by Gov. Charlie Christ.

http://www.stopthedrugwar.org/files/bong2.jpg
Under the bill, only shops where the sale of tobacco products and accessories constitute 75% of income or shops where the sale of pipes and bongs constitutes less than 25% of income will be allowed to sell a long list of smoking devices. These include pipes of any material, water pipes, carburetion tubes and devices, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, and ice pipes or chillers.

Violation of the law would be a misdemeanor. Offenders could face up to a year in jail. If signed by the governor, the law would go into effect on July 1.

Head shop owners tried to organize to fight back, even creating a web site, Kill Bill 187, in a vain bid to block the bill. Jay Work, the owner of Grateful J's Grateful Deadhead Shop in Margate and a second shop in Boca Raton, led the fight.

"Shop owners, small-business owners are being thrown under the bus here," he told the Broward Palm Beach New Times. "They're saying that if I sell a $4,000 piece of art at my store, that I have to sell $12,000 worth of cigarettes. I'm not sure who that helps," Work says. "They're saying basically you can sell this stuff -- we're just going to make it really hard."

While drug paraphernalia is already illegal in Florida, pipes that could be used to smoke tobacco are legal to make, own, buy, and sell. They only become paraphernalia if they are used to do something illegal. But this bill attempts to circumvent the law with its restrictions on sales, Work said.

"The pipe itself is just a pipe," Work says. "The pipes I sell are harmless unless you take the pipe outside and beat someone over the head with it."

"I've been fighting the pipe industry for the longest, because it is all a part of the drug trade and the criminal enterprise that we know exists and destroys neighborhoods, families and order in our society," said sponsor Rep. Darryl Rouson (D-Tampa Bay) earlier this month. "When was the last time you stopped at a red light and saw someone smoking a hit of tobacco out of one of these one-shooters or water pipes?" he told NBC Miami.

Rouson, a self-described former crackhead, has gone after paraphernalia in the past, too. Last year, he proposed a bill that would have imposed an extra sales tax on smoking paraphernalia to pay for DARE programs that were facing cuts.

"Florida has a conscience and an awareness that marijuana and the smoking and ingesting of it is not healthy for an individual, nor is it healthy for public safety and the order in society," Rouson added.

Banning Pot Didn't Work, So Let's Try Banning Bongs

Even as record numbers of Americans begin recognizing the profound stupidity of our marijuana laws, Florida legislators are still thrashing around in panicked desperation:

A bill passed Wednesday will make it illegal in Florida to sell the drug paraphernalia in most head shops.

The so-called "Bong Bill" passed by the Senate and then overwhelmingly passed 115-0 in the House now heads to Gov. Crist for final approval.

The bill prohibits the sale of the items by businesses that don't make at least 75 percent of their money from tobacco sales or make over 25 percent from sale of the prohibited items. [NBC]

So the Florida legislature's idea of fighting the drug war is to tell retailers they have to sell more tobacco. And the vote was unanimous, of course.

Prosecution: No More Crack Pipe Felonies for Houston

Beginning January 1, prosecutors in Harris County, Texas, will no longer file felony drug charges against people found with less than one one-hundredth of a gram of illegal drugs. Currently in Houston, people caught with trace amounts of drug or holding crack pipes with drug traces are routinely charged with felonies.

http://www.stopthedrugwar.org/files/crackpipe.jpg
crack pipe
But under a new policy promulgated by Harris County District Attorney Pat Lykos, police are instructed to instead issue Class C misdemeanor tickets to people caught in possession of crack pipes or trace amounts of drugs. That means arrestees will face only a $500 fine, not the up to two years in state jail mandated by the felony charge.

The cops are not happy. "It ties the hands of the officers who are making crack pipe cases against burglars and thieves," said Gary Blankinship, president of the Houston Police Officers' Union. "A crack pipe is not used for anything but smoking crack by a crack head. Crack heads, by and large, are also thieves and burglars. They're out there committing crimes," he told the Houston Chronicle.

But Lykos told the Chronicle there were good reasons to change the policy. Less than one-hundredth of a gram of a drug is not enough for more than one drug test, and defense attorneys often want to run their own tests, she said.

The policy change also "gives us more of an ability to focus on the violent offenses and the complex offenses," she added. "When you have finite resources, you have to make decisions, and this decision is a plus all around."

Last year, Harris County prosecutors filed 46,000 felony cases, with 13,713, or nearly 30%, for possession of less than a gram of controlled substances. It is difficult to say how many of those would not have been charged as felonies under the new policy because most were charged only as possession of less than a gram.

While police are grumbling, defense attorneys are beaming. "It's a smart move and it's an efficient move and it lets us get down to the business of handling criminal cases of a more serious magnitude," Nicole Deborde, president-elect of the Harris County Criminal Lawyers Association, told the Chronicle.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School