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Chronicle AM: DC Marijuana Muddle, Feds OK Pot Growing on the Rez, More (12/11/14)

There are conflicting views on the fate of DC's legalization initiative, the Justice Department okays marijuana growing on Indian reservations, Spaniards now support marijuana legalization, and more. Let's get to it:

A New Mexico Indian reservation. There could be a new cash crop coming. (wikipedia.org)
DC Legalization Still Alive? Democrats Think So. Despite the language Republicans managed to include in the "CRomnibus" federal spending bill interfering with the District of Columbia's right to set its own marijuana policies, several leading Democrats say that the Initiative 71 marijuana possession and cultivation legalization initiative is still alive. House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, who represents DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds D.C.; Rep. Nita Lowey (D-NY), the Ranking Democrat on the House Appropriations Committee; and others have said that the D.C. rider allows Initiative 71 to stand. The D.C. government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.

DC Legalization Still Alive? Republicans Just Say No. While Democrats argue that marijuana legalization was "enacted" by the voters on November 4 and thus will prevail, Republicans beg to differ. They argue that because the initiative has not been transmitted to Congress or passed congressional review, it has not been enacted. "It's pretty clear," said Rep. Andy Harris (R-MD) who led the charge against decriminalizing pot in DC with a rider that was not included in the final bill. "You can't enact anything once the rider's passed. The legalization is not enacted." We probably haven't heard the final word on this just yet.

Justice Department Okays Indian Tribes Growing, Selling Marijuana. In new guidance to US Attorneys, the Justice Department is telling them not to prevent tribes from growing or selling marijuana on tribal lands, even in states that have not legalized it. It is unclear how many tribes will take up the offer; while some see pot sales as a source of potential revenue, others are strongly opposed to the use or sale of marijuana on their lands. The Justice Department will generally not attempt to enforce federal marijuana laws on tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.

Drug Testing

Michigan Welfare Drug Testing Bill Heads to Governor's Desk. A two-bill package that would impose suspicion-based drug testing on some welfare recipients has passed the legislature and now awaits the signature of Gov. Rick Snyder (R). The bills would create a pilot drug testing program to begin by next October. Under the bills, welfare applicants would be screened, and if the screening suggests "reasonable suspicion" they are using drugs, a drug test would be required. Although Republican sponsors said they were concerned about children, Republicans defeated a move to allow an appointed adult to receive funds for children if their parents are disqualified because of drug use.

International

Poll Finds a Majority of Spaniards Say Legalize Weed. Some 52% of Spaniards are ready to legalize marijuana, according to a new poll from the Foundation for Aid Against Drug Addiction. That's well above previous surveys from the same group conducted in 1999 and 2004. "There has been a development around the image of this drug, which could have contributed to an increase of a more cannabis-friendly population," the foundation noted.

Chronicle AM: INCB Head Frets Over Pot, MS Welfare Drug Test Fiasco, SWAT Fights Back, More (12/5/14)

Global anti-drug bureaucrats are grumbling about marijuana legalization in America, one New York county decides to do asset forfeiture for misdemeanor drug offenses, Mississippi's food stamp drug testing program comes up snake-eyes, the SWAT boys fight to keep their military toys, and more. Let's get to it:

Marijuana Policy

Missouri Legalization Initiative Petition Open for Public Comment. A legalization initiative petition sponsored by Show-Me Cannabis has been submitted to the secretary of state's office, and Missouri residents now have 30 days to comment on the initiative petition. They can do so here (it's Petition 2016-009). This is essentially the same petition submitted a month ago, but has been resubmitted with grammatical fixes.

INCB Head Complains About Legalization in US States. Lochan Naidoo, president of the International Narcotics Control Board (INCB) is concerned about the implications of marijuana legalization in US states. "Legalization for recreational use is definitely not the right way to go," he told Reuters in an interview. "We do know about the damage that cannabis does to the brain," the South African physician said. "I'm not sure how well people are going to be able to protect their children." Naidoo added that the 1961 Single Convention on Narcotic Drugs requires countries to comply with its provisions banning marijuana, and the US should do so in "all its territories."

Asset Forfeiture

New York County Approves Asset Forfeiture for Misdemeanor Drug Cases. Legislators in Orange County Thursday approved a law that allows authorities to seize cash and cars from defendants in misdemeanor drug cases, but only after they have been convicted. The measure passed on a party-line vote with Republicans voting for it and Democrats against despite fierce opposition from sitting Democrats and audience members. DA David Hoovler has portrayed the measure as means of keeping seized assets in the county instead of sending the money to the general fund in Albany, as required under the state's asset forfeiture law.

Drug Testing

Mississippi Welfare Drug Testing Program Has Only Two People Testing Positive. The state law that went into effect in August has so far resulted in 3,656 Temporary Assistance for Needy Families (TANF, the food stamp program) applicants being screened for drug use, 38 being selected for drug testing, and a grand total of two testing positive for drugs. It's not clear how much the state has spent implementing the program, but Cassandra Welchin, policy director of the Mississippi Low Income Child Care Initiative, said the result was clear. "It's just a waste of money," she said. "Poor working families don't need a barrier to services and this is just another barrier."

Law Enforcement

SWAT Lobby Fights Back Against Policing Reforms in Wake of Ferguson. The National Tactical Officers Association (NTOA), which represents more than 1,500 SWAT teams across the country, has mobilized to protect the federal program that provided military surplus equipment to local law enforcement. NTOA sent emails to all 535 members of Congress urging them not to end or tighten up the Pentagon's 1033 program, which transfers equipment including armored vehicles, grenade launchers, and bayonets to local departments. NTOA executive director Mark Lomax has also been busy, reaching out to congressional offices and testifying before both the House and Senate Homeland Security committees. And it looks like it worked -- Congress will take no action on the program as this year's session winds down. Click on the link for much more.

Federal Appeals Court Blocks Florida Governor's Bid to Drug Test Welfare Applicants [FEATURE]

[This article was written in partnership with Alternet, and was originally published here.]

Florida Governor Rick Scott's (R) drug testing crusade hit yet another roadblock Wednesday as a federal appeals court upheld a lower court's ruling that his plan to make welfare applicants submit to mandatory, suspicionless drug tests was unconstitutional.

As other Republican governors -- most notably Scott Walker in Wisconsin and Paul LePage in Maine -- did in this year's election campaign, Rick Scott made drug testing a key campaign promise in his 2010 election campaign. The following year, the Republican-dominated state legislature acceded to Scott's request and passed a welfare drug testing law.

Welfare applicants weren't the only target of Scott's drug testing push. He also sought to impose random, suspicionless drug testing on state employees through an executive order. But that was struck down by the federal courts as violating the Fourth Amendment's proscription against unreasonable searches and seizures. The US Supreme Court denied his appeal of that ruling in August.

And now, the second prong of Scott's drug testing thrust has been struck down. The decision came in Lebron v. Florida Department of Children and Families, in which Navy veteran, college student, and single father Luis Lebron filed for food stamp assistance, but was denied after he refused to undergo a drug test. Supported by the ACLU of Florida and the Florida Justice Institute, Lebron sued to have the law overturned.

Citing a lengthy history of federal court precedents, Lebron's legal team argued that like the random, suspicionless drug testing of state workers, the mandatory, suspicionless drug testing of welfare applicants violated the Constitution's protections against unreasonable searches and seizures. US District Court Judge Mary Scriven agreed, ruling in 2011 that the policy was unconstitutional.

The never-say-die Scott appealed that decision. The 11th Circuit Court of Appeals in Atlanta held a hearing on the case on November 20. It then took less than two weeks to reach its decision.

The bipartisan panel of federal judges ruled unanimously that the state of Florida had failed to provide any evidence that there was a strong government need to strip welfare applicants of constitutional protections.

"We have no reason to think impoverished individuals are necessarily and inherently prone to drug use, or, for that matter, are more prone to drug use than the general population," Judge Stanley Marcus wrote for the court. "The State has presented no evidence demonstrating that drug testing saves a significant portion of TANF funds that could otherwise be spent on drugs," he added, pointing to a 2000 state study that found welfare applicants were less likely to use drugs than the general population and noting that in the three months the drug testing program was in effect, only 2.76% of applicants tested positive.

Florida Gov. Rick Scott gets shot down again on drug testing (florida.gov)
"In the final analysis, the warrantless, suspicionless urinalysis drug testing of every Florida TANF applicant as a mandatory requirement for receiving Temporary Cash Assistance offends the Fourth Amendment. On this record, the State has not demonstrated a substantial special need to carry out the suspicionless search -- we see no concrete danger, only generalized public interests," Marcus wrote.

Marcus also noted that "citizens do not abandon all hope of privacy by applying for government assistance" and that "by virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy." Having to urinate in a cup in front of another person "intrudes upon expectations of privacy that society has long recognized as reasonable," he added.

Nor were the judges buying the state's argument that welfare applicants effectively waived their constitutional rights by consenting to drug tests as a condition of receiving benefits or that the state had a "special need" to protect the children of drug-using welfare applicants.

"[T]he State cannot use consent of the kind exacted here -- where it is made a condition of receiving government benefits -- to wholly replace the special needs balancing analysis," the court held. "We respect the State's overarching and laudable desire to promote work, protect families, and conserve resources. But, above all else, we must enforce the Constitution and the limits it places on government. If we are to give meaning to the Fourth Amendment's prohibition on blanket government searches, we must -- and we do -- hold that [the welfare drug testing law] crosses the constitutional line."

While, given a solid line of federal court setbacks for the law, the 11th Circuit's decision was not exactly a surprise, advocates pronounced themselves well-pleased.

"The 11th Circuit has affirmed that the 4th Amendment applies to everyone, even those applying for government assistance, said Florida Justice Institute executive director Randall Berg. "The same rationale for requiring suspicionless drug tests of TANF recipients could be used to require suspicionless searches for any kind of government benefit, whether it is social security, farm subsidies, or student scholarships. Today, the court has rejected that rationale, drawing a clear line that will keep us from going down that slippery slope."

"We are very pleased by the Court's opinion, which once again makes clear that the US Constitution forbids the State of Florida from subjecting ordinary private citizens to invasive and unwarranted searches," said ACLU of Florida associate legal director Maria Kayanan.

"This is a resounding affirmation of the values that the Fourth Amendment of the U.S. Constitution protects -- that none of us can be forced to submit to invasive and humiliating searches at the whim of the government, and that the Constitution protects the poor and the wealthy alike," she continued. "The Court has once again confirmed what we argued all along: that the state of Florida cannot treat an entire class of people like suspected criminals simply because they've asked the State for temporary assistance."

While the federal courts have been clear that, with limited exceptions, mandatory, suspicionless drug testing violates the Constitution, Republican governors and legislators in other states have responded by passing public benefits drug testing laws that can pass constitutional muster by first establishing some sort of "reasonable suspicion" before requiring drug testing. According to the National Council of State Legislatures, at least 11 states have done so.

The results have not been particularly impressive. In Kansas, only 20 people have been tested in the first four months the law has been in effect; four failed the drug test. Next door in Missouri, the state is spending $336,000 a year on its welfare drug testing. It has tested 655 people; 69 failed the drug test. But 711 others refused to take it. In Utah, a year after it passed a 2012 welfare drug testing law, the state had spent $30,000 to drug test applicants, but only came up with 12 who tested positive. In Tennessee, where a similar law went into effect this year, the state has tested 800 applicants, with only one person testing positive.

But whether public benefits drug testing programs actually either save states money by reducing welfare rolls or help families by encouraging recipients to go straight is probably not as important to politicians as the political calculus behind them. With its coded appeal to racial and class hostilities wrapped in a guise of caring and fiscal responsibility, it's a red meat issue for the Republican base.

Atlanta, GA
United States

Chronicle AM: GOP Still Going After DC Pot Laws, FL Welfare Drug Test Law Blocked, More (12/4/14)

The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:

Marijuana Policy

Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.

Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.

Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.

New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.

Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.

Medical Marijuana

California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Drug Testing

DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."

Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.

Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.

New Synthetic Drugs

Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.

Chronicle AM: Overdose Deaths, Naloxone Price Hikes, How Weed Can Win in 2016, New Synthetics, More (12/2/14)

A new report suggests how to win pot legalization initiatives in 2016, a closely watched medical marijuana trial is delayed, there's naloxone and overdose death news, Mexican pot farmers are getting squeezed from competition north of the border, and more. Let's get to it:

Marijuana Policy

Moms Key Demographic for Winning Initiatives, Research Report Argues. Women between 30 and 55 are the key demographic group for winning marijuana legalization initiatives, according to a new report from the Global Drug Policy Observatory. The report, "Selling Cannabis Regulation: Learning From Ballot Initiatives in the United States in 2012," analyzed the 2012 initiative efforts in Colorado, Oregon, and Washington, as well as looking at the 2010 Prop 19 effort in California. The campaigns in Colorado and Washington successfully targeted that key demographic, the analysis found. The report also found that key messages to voters were that legalization would free up scarce law enforcement resources and that it would create new tax revenues. There's plenty more to read in the report; click on the link for the whole thing.

Marijuana DUI Breathalyzer Test Coming? Researchers at Washington State University are working to develop a marijuana breathalyzer that could detect THC on a driver's breath. The researchers said the device would probably not provide an exact reading of the amount of THC, but could help officers determine if there is probable cause for a DUI arrest. But a follow-up THC blood test would still be necessary for use as evidence in court. Researchers said they hope to start testing this device in the first half of next year.

Arizona Legislative Analysts Say Legal Pot Could Generate $48 Million a Year in Tax Revenues. The Joint Legislative Budget Committee has produced a report estimating tax revenues from legalization at $48 million a year. The report was produced in September, but details were not released until the Phoenix alternative weekly New Times obtained a copy Monday. The report was in response to a Democratic bill to legalize marijuana. That bill was killed in April, but could be back next year. And there is a legalization initiative effort underway for 2016, backed by the Marijuana Policy Project.

Medical Marijuana

Trial Postponed, New Judge Assigned in Widely Watched Federal Medical Marijuana Case of Kettle Falls Five. A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

Los Angeles Has Shut Down More Than 400 Dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Harm Reduction

North Carolina Harm Reduction Coalition's Members Save Over 200 North Carolinians From Drug Overdoses With Naloxone. The Coalition announced today that it had received a report of its 208th overdose reversal using the opioid antagonist naloxone (brand name Narcan). The Coalition has distributed over 5,100 overdose prevention kits containing naloxone since August 2013. That was made possible by the passage of a 911 Good Samaritan/naloxone access law in April 2013. For more information on overdose prevention training or how to receive a naloxone kit, go here.

Naloxone Price Going Up Dramatically. Just as police departments across the country make plans to stock up on the opioid overdose reversal drug naloxone, manufacturers are jacking up prices. In Georgia, police report the price of a kit jumped from $22 to $40, while New York City is reporting a 50% price increase. Manufacturers have not explained the increases, but some activists have suggested that with the surge in orders from government entities, the makers have seen a chance to grab windfall profits."We've had a pretty steady price for several years now,"said Matt Curtis, the policy director of VOCAL-New York, an advocacy group. "Then these big government programs come in and now all of a sudden we're seeing a big price spike. The timing is pretty noticeable."

CDC Reports Drug Overdose Deaths More Than Doubled Between 1999 and 2012. In 2012, more than 41,000 people died of drug overdoses in the US, more than doubling the figure of 17,000 in 1999. Of the 41,000 drug overdoses in 2012, 16,000 were from opioid pain relievers (although that number actually decreased 5% from 2011), while nearly 6,000 were from heroin. Thus, legal and illegal opioids accounted for more than half of all overdose deaths in 2012. The overall overdose death rate also doubled, from 6.1 deaths per 100,000 in 1999 to 13.1 in 2012. The highest rates of overdose deaths were in West Virginia (32 per 100,000), Kentucky (25 deaths per 100,00 people), New Mexico (24.7 per 100,00 people), Utah (23.1 per 100,00 people) and Nevada (21 per 100,00 people). The report is "Trends in Drug Poisoning Deaths, 1999-2012."

Law Enforcement

Sen. Chuck Schumer Wants $100 Million to Fight Heroin. Sen. Schumer (D-NY) is seeking an emergency appropriation for a "heroin surge" to combat increased heroin addiction and overdoses. He wants $100 million appropriated to the High Intensity Drug Trafficking Area (HIDTA) program. The move would increase HIDTA funding to $338 million nationwide, if the funding is approved in the federal budget.

Drug Testing

Kansas Welfare Drug Testing Law Not Catching Many. That's at least in part because the state is not actually testing many welfare applicants. After four months in effect, the state has tested only 20 applicants, of whom four tested positive. The testing is only required for people who are visibly using drugs, been recently arrested on a drug charge, or were found during a questionnaire screening to be likely to be using drugs. The state has paid $500,000 for the program so far, but has not achieved the $1.5 million in savings from people being disqualified for benefits earlier estimated because it has tested and disqualified so few people.

New Synthetic Drugs

New Synthetics and the Changing Global Drug Marketplace. Stanford University drug policy analyst Keith Humphreys has penned an informative piece on the increasing shift from natural, plant-based drugs to synthetic ones as well as the shift to on-line drug selling and buying. This phenomenon could "upend traditional understanding of drug markets and drug policy," he writes. There's much more; check it out at the link.

International

US Marijuana Production Hurting Mexican Pot Farmers. National Public Radio's John Burnett reports from the Mexican state of Sinaloa that Mexican marijuana producers are being squeezed by made-in-America weed. "Two or three years ago, a kilogram [2.2 pounds] of marijuana was worth $60 to $90,"one grower there told him. "But now they're paying us $30 to $40 a kilo. It's a big difference. If the U.S. continues to legalize pot, they'll run us into the ground." That grower said if matters continued as they were, he would plant opium poppies instead. The report also quotes a DEA official as saying Mexican cartels are now importing high-quality American weed to Mexico for high-end customers.

Chronicle AM: Holder Ponders Rescheduling, CT MedMJ Dispensaries Open, Honduras Prez Slams Drug War; More (9/25/14)

Holder will resign, but has some parting words on rescheduling, Rahm Emmanuel supports pot decrim, but legalization is a step too far, Connecticut dispensaries are now open for business, and more. Let's get to it:

Honduran President Juan Orlando Hernandez (wikimedia.org)
Marijuana Policy

Attorney General Holder to Resign, Says We Should Consider Rescheduling Marijuana. As he announces his resignation, Attorney General Holder has signaled that he thinks it may be time to reschedule marijuana. "It's certainly a question we need to ask ourselves, whether or not marijuana is as serious a drug as heroin, especially given what we've seen recently with regard to heroin -- the progression of people, from using opioids to heroin use, the spread and the destruction that heroin has perpetrated all around our country," Holder told Yahoo global news anchor Katie Couric. "And to see how, by contrast, what the impact is of marijuana use. Now it can be destructive, if used in certain ways, but the question of whether or not they should be in the same category is something that we need to ask ourselves -- and use science as the basis for making that determination."

Chicago Mayor Emanuel Just Says No to Legalization. Just a day after he called for marijuana decriminalization and the defelonization of drug possession, Mayor Rahm Emanuel said marijuana legalization is a step too far. He was responding to remarks from potential challenger Karen Lewis, head of the Chicago Teachers Union, who suggested legalization was "another source of revenue we ought to look at."

Medical Marijuana

Connecticut Dispensaries Now Open for Business. The state's first licensed grower sent its first shipment this week to dispensaries, which promptly began selling it to qualified patients. All six dispensaries in the state should be open this week.

SurveyUSA Poll Has Florida Initiative at 53%, Needs 60% to Win. The latest SurveyUSA poll has the Amendment 2 medical marijuana initiative with 53% of the vote, but since the initiative is a constitutional amendment, it needs 60% to pass. That's a slight drop from the last SurveyUSA poll, which had support at 56%. Importantly, while only 53% said they would vote for it, only 31% said they would vote against and 15% were undecided. If the undecideds split evenly, the initiative will squeak out a victory.

More Than 350 People Applied for Illinois Medical Marijuana Business Permits. State officials said Wednesday that more than 350 people had applied to legally grow or provide medical marijuana by the Monday afternoon deadline. Some 158 people applied as potential cultivation centers, while 211 applied to operate dispensaries. The state will grant 21 grow center permits and 60 dispensary permits by year's end, with the first legally obtainable medical marijuana available by spring 2015.

Pennsylvania Senate Passes Restrictive Medical Marijuana Bill. The state Senate Wednesday approved Senate Bill 1182, after amending it to remove the ability to vaporize the plant and removing a large number of qualifying medical conditions. The bill now goes to the House.

Drug Testing

Federal Appeals Court to Hear Arguments on Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals has set a hearing date of November 20 for Florida Gov. Rick Scott's (R) welfare drug testing law. The state lost last December in US circuit court, with the trial judge ruling that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied." The state is appealing.

International

Honduras President Uses UN Speech to Rail Against Drug War. In a speech to the UN General Assembly Wednesday, Honduran President Juan Orlando Hernandez lambasted international drug policies "based on waging a ceaseless war on all fronts without regard to the costs." He urged creation of a "multinational force" to fight drug cartels "just like the one that this morning, President Obama asked for to confront radical fundamentalists. Today, we talk about what is happening in other regions to children, young people, families displaced by war, violence and radical extremists," he said. "But little is said about the situation of thousands of families in the northern triangle of Central America."

Chronicle AM: Obama Names Drug Producing Countries, CDC Overdose Report, CA Narcan Law, More (9/16/14)

Congress is back and bills are picking up cosponsors, Guam will vote on medical marijuana, Wyoming moves toward ending civil asset forfeiture reform, the president names drug producing and transit countries (again), and more. Let's get to it:

The rate of increase in opiate OD deaths is slowing. (CDC/NCHS)
Marijuana Policy

Preserving Welfare for Needs Not Weed Act Picks Up New Sponsor. The bill, HR 4137, would "prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale." Introduced in March by Rep. David Weichert (R-WA), the bill now has 16 cosponsors, all Republicans. The latest is Rep. Kevin Brady (R-TX). The House Speaker has indicated the bill could see action this week.

Medical Marijuana

Charlotte's Web Medical Hemp Act of 2014 Picks Up New Sponsors. The bill, HR 5526, would exclude low-THC, cannabidiol-based medicines from the definition of marijuana under the Controlled Substances Act. The latest cosponsors are Reps. Walter Jones (R-NC), Jan Schakowsky (D-IL), and Tom McClintock (R-CA). The bill now has 24 cosponsors -- 14 Democrats and 10 Republicans.

Guam Medical Marijuana Legislative Initiative Published, Pro and Con Arguments Sought. The Guam Election Commission has released the text for Proposal 14A, the legislatively-initiated medical marijuana measure that will go before voters in November. The election commission is urging opponents and proponents of the measure to submit written arguments not exceeding 500 words by this Friday.

At Harrisburg Rally, Top Pennsylvania House Republican Says He Supports Medical Marijuana Bill. State Rep. Mike Vereb (R-Montgomery) told a rally on the capitol steps Monday that he now supports pending medical marijuana legislation. This could be a sign that Republican opposition to Senate Bill 770 in the House is softening. The bill has some bipartisan support in the Senate, but the session only has a month left.

Asset Forfeiture

Wyoming Legislative Committee Votes to Sponsor Bill to End Civil Asset Forfeiture. The legislature's Joint Judiciary Interim Committee voted last Thursday to sponsor a draft bill for next year's legislative session that would end civil asset forfeiture in the state. The draft bill is 15LSO-009. Under the bill, defendants would have to be convicted of a crime before property could be seized, they would have to be told what property is being considered for seizure, and, if they are convicted of a crime, they could challenge the forfeiture and request a hearing.

Drug Policy

In Annual Determination, White House Names 22 Countries as Major Drug Producers or Transit Countries. The White House has named the following countries as "major drug transit or major illicit drug producing countries:" Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. Among that group, the determination singles out Bolivia, Burma, and Venezuela as "having failed demonstrably" to undertake drug war policies to Washington's liking. But it also says Washington will keep supplying aid to Burma and Venezuela because it is "vital to the national security interests of the United States."

Harm Reduction

California Governor Signs Naloxone Access Expansion Bill. Gov. Jerry Brown (D) Monday signed into law Assembly Bill 1535, which allows pharmacists to furnish the overdose reversal drug naloxone (Narcan) without a prescription. Previously, the drug was only available with a prescription or through a handful of programs throughout the state.

Prescription Pills

CDC Finds Slowing Rate of Increase in Prescription Opiate Overdose Deaths. Opioid pain relievers were involved in about 11,700 drug overdose deaths in 2011, up about four-fold over 1999, but the rate of increase in such deaths has leveled off since 2006, according to a report from the Center for Disease Control and Prevention's National Center for Health Statistics. But while ODs from opiates alone seem to be stabilizing, ODs from a combination of opiates and benzodiazepines were on the increase, with benzos involved in 31% of opiate ODs in 2011, up from 13% in 1999.

Sentencing

Second Chance Reauthorization Act Gets New Sponsor. The bill, HR 3465, would amend the Second Chance Act of 2007 to allow continued authority for grants for drug treatment in prisoner reentry programs. The bill has 41 cosponsors -- 33 Democrats and eight Republicans -- with the latest being Rep. Rodney Davis (R-IL).

House Smarter Sentencing Act Gets New Sponsor. The bill, HR 3382, would reduce mandatory minimum sentences for some drug offenses, allow for applications for resentencing for some crack offenders, and allow judges to sentence beneath mandatory minimums in some cases. The bill has 50 cosponsors -- 36 Democrats and 14 Republicans -- with the latest being Rep. Judy Chu (D-CA).

CBO Says Senate Smarter Sentencing Act Would Save $3 Billion Over Next Decade. The bill, SB 1410, would reduce Justice Department corrections spending by about $4 billion, but would also result in about $1 billion in costs related to ex-offenders receiving federal benefits earlier than they otherwise would have, the Congressional Budget Office reported. The bill would see about 250,000 prisoners released earlier than they would have been over the next decade.

International

Australia's Victoria State to See Government-Sponsored Medical Marijuana Bill. Victoria Health Minister David Davis said a bill to make it easier to conduct medical marijuana clinical trials will be introduced today.

Chronicle AM: WaPo Just Says No, WV Pain Clinics Using Narcs, More (9/15/14)

The Washington Post just says no to the DC marijuana initiative, the Oregon initiative sees a lively debate, the Madison, WI, police chief says legalize it, another drug war death, West Virginia pain patients are getting screened by narcs -- and paying for the privilege! -- and more. Let's get to it:

Imprisoned Vietnamese drug users working at a "rehabilitation center" in 2011 (hrw.org)
Marijuana Policy

Washington Post Counsels "No" Vote on DC Initiative. The editorial board of The Washington Post came out Sunday against DC's Initiative 71 legalizing the possession and cultivation of small amounts of marijuana. The paper noted that it had supported DC's recent decriminalization, but worried about "the rush to legalize marijuana." The paper warned that marijuana is "a dangerous drug" and "a gateway to more dangerous drugs." It also warned of "negative consequences" of legalization in Colorado, citing contentious information from the anti-legalization group Project SAM.

Legalization Debated in Oregon. The Salem City Club was the site of an hour-long debate last Friday over the legalization initiative, Measure 91. US Rep. Earl Blumenauer (D-OR) represented the "pro" side, while Clatsop County DA Josh Marquis represented the "con" side. Click on the title link for the flavor of the debate.

York, Maine, Initiative Still Up in Air. Will residents of York get to vote on marijuana possession legalization this year or not? The city council has rejected an initiative petition, but organizers were expected to submit a notarized version of the signatures to the town clerk, which would put the measure on the ballot. That hasn't happened yet. The Coalition for a Safer Maine only has until Friday, but the town clerk is now saying signatures may have to be re-gathered. The Coalition is considering its options. Similar initiatives are already on the ballot in Lewiston and South Portland, and Portland passes its own measure last year.

New York State Senator Says She Will Introduce Legalization Bill. Sen. Liz Krueger (D-Manhattan) said Sunday she will introduce a bill to legalize marijuana. "I will push for taxation and regulation of marijuana," she said. "I continue to work with experts around the country and to evaluate laws and regulations being put into place now." She introduced a similar bill last session that went nowhere, but she said progress on medical marijuana and factional realignments in Albany made her hopeful. "I see more hope in a Democratic majority for… pieces of legislation that weren't going anywhere," she said.

Madison, Wisconsin, Police Chief Says Legalize It. Police Chief Mike Koval came out in favor of marijuana legalization last week, saying it should be taxed and regulated, with revenues used to provide treatment for hard drug users. The war on drugs in general and on marijuana in particular has been "an abject failure," he said. "We've done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it's time to reorder and triage the necessities of what's more important now," he added.

Medical Marijuana

Florida Republican County Chairs Oppose Medical Marijuana Initiative. GOP county chairs voted last Friday to oppose Amendment 2, the state's medical marijuana constitutional amendment. They worried it would lead to widespread access to marijuana. "I do not want to see Florida turned into the pot capital of the world," said Volusia County GOP chair Tony Ledbetter, in a remark typical of Republican concerns.

Drug Testing

Wisconsin's Republican Governor Comes Out for Public Benefits Drug Testing. In a tough race for reelection, Gov. Scott Walker has come out with a proposal to drug test people seeking food stamps or unemployment benefits and he is looking for a fight with the federal government over it. The notion is politically popular, but legally and constitutionally problematic. Walker's opponent, Democrat Mary Burke, has derided Walker's plan as a campaign stunt.

Pain Treatment

West Virginia Pain Clinics Using Former Narcs to Screen Patients. People seeking medical assistance at the Hope pain clinics in Beckley, Fairmont, and Kanawha City now must undergo screening by former narcotics officers -- and pay for the privilege. The clinics are charging patients $150 to be fingerprinted, photographed, drug tested, background checked, and interviewed by the former narcs. The work is doing by a private company, but some state legislators said it should be doctors -- not police -- who are reviewing and monitoring patients.

Law Enforcement

House Judiciary Committee Hearing Thursday on DEA Oversight. The House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will meet Thursday for a hearing on DEA oversight. The only scheduled witness is DEA Administrator Michele Leonhart. Click on the link for more details.

19-Year-Old City Oklahoma Woman Shot By Cops Is Year's 33rd Drug War Fatality; Boyfriend Now Charged With Murder. An Oklahoma City woman was shot and killed by police as she attempted to drive away from a drug bust and hit an officer on foot earlier this month. Karen Cifuentes, 19, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year. Cifuentes was apparently the girlfriend of passenger Juan Manuel Aguilera Perez, 24, who reportedly threw a bag of cocaine from the car as the pair fled. Perez is now charged with first degree murder, possession of a controlled substance with intent to deliver, and possession of drug proceeds ($400 in cash). Because Perez's was allegedly in the midst of the commission of a felony -- drug sales -- when police shot Cifuentes, under Oklahoma law he can -- and has been -- charged with murder in her death.

International

Parliamentary Citizen's Initiative for Marijuana Legalization Now Third Most Successful in Austrian History. A parliamentary citizen initiative asking for marijuana legalization has now been signed by 22,392 Austrians, making it the third most successful such petition in the country's history. "This huge success motivates us to organize a parliamentary hearing in order to reduce information deficits as most Austrian politicians still reject any legalization moves," said Bernhard Amann, chairman of Legalize!Österreich.

Hundreds of Vietnamese Drug Users Flee Compulsory "Rehabilitation Center." At least 400 inmates at a compulsory drug treatment "rehabilitation center" escaped on Sunday after breaking down the gates of the center near Hai Phong City. Drug users in Vietnam are regularly arrested and sent to compulsory treatment programs, a practice that has been denounced by human rights groups. A local official was quoted as saying that the men had escaped to pressure authorities for "better policy." They can be held for up to three years in the treatment centers, which Human Rights Watch has called "little more than forced labor camps."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

REDEEM Act Aims to Fix Criminal Justice System [FEATURE]

A pair of US senators from opposite sides of the political spectrum have teamed up in a bid to fix "the nation's broken criminal justice system." Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) earlier this summer introduced the Record Expungement to Designed to Enhance Employment Act, generally referred to as the REDEEM Act.

The REDEEM Act aims to help young offenders break the cycle of criminal justice system involvement. (samhsa.gov)
While observers say the bill is unlikely to pass this year, its introduction lays the groundwork for moving forward on it in the next Congress.

The act, Senate Bill 2567, its sponsors say, is designed to give people convicted of nonviolent offenses, including drug offenses, a second chance at succeeding. It also aims to divert many teenagers out of the adult criminal justice system.

Booker, a black northeastern liberal, and Paul, a libertarian-leaning southern conservative, may appear to be strange bedfellows, but both said fixing the criminal justice system was more important than partisan rivalries in statements made when the bill was introduced.

"I will work with anyone, from any party, to make a difference for the people of New Jersey, and this bipartisan legislation does just that," Sen. Booker said. "The REDEEM Act will ensure that our tax dollars are being used in smarter, more productive ways. It will also establish much-needed sensible reforms that keep kids out of the adult correctional system, protect their privacy so a youthful mistake can remain a youthful mistake, and help make it less likely that low-level adult offenders re-offend."

"The biggest impediment to civil rights and employment in our country is a criminal record," said Sen. Paul. "Our current system is broken and has trapped tens of thousands of young men and women in a cycle of poverty and incarceration. Many of these young people could escape this trap if criminal justice were reformed, if records were expunged after time served, and if nonviolent crimes did not become a permanent blot preventing employment."

Even though the United States contains only 5% of the world's population, it contains 25% of the world's prisoners. US prison populations have more than tripled since the Reagan administration in the 1980s, largely under the impetus of the war on drugs. American taxpayers have seen their bill for mass incarceration rise from $77 each per year in when Reagan took office in 1980 to more than $260 each per year in 2010.

The REDEEM Act would seek to reduce those costs by reforms that would divert juvenile offenders from adult courts, improve the conditions for juvenile offenders, allow some adult offenders a means to expunge their records, and allow adult drug offenders who have done their time to be eligible for benefits they are now barred from obtaining.

The act would:

  • Incentivize states to increase the age of criminal responsibility to 18 years old: Currently 10 states have set the original jurisdiction of adult criminal courts below 18 years old. The REDEEM Act incentivizes states to change that by offering preference to Community Oriented Policing Services (COPS) grant applications for those that have set 18 or older as the age of original jurisdiction for adult criminal courts.
  • Allow for sealing and expungement of juvenile records: Provides for automatic expungement of records for kids who commit nonviolent crimes before they turn 15 and automatic sealing of records for those who commit non-violent crimes after they turn 15 years old.
  • Restrict use of juvenile solitary confinement: Ends the practice of solitary confinement except in the most extreme circumstances in which it is necessary to protect a juvenile detainee or those around them.
  • Offer adults a way to seal non-violent criminal records: Presents the first broad-based federal path to the sealing of criminal records for adults. Non-violent offenders will be able to petition a court and make their case. Furthermore, employers requesting FBI background checks will get only relevant and accurate information -- thereby protecting job applicants -- because of provisions to improve the background check system.
  • Lift the ban on SNAP and TANF benefits for low-level drug offenders: The REDEEM Act restores access to benefits for those who have served their time for use and possession crimes, and for those who have paid their dues for distribution crimes provided their offense was rationally related to a substance abuse disorder and they have enrolled in a treatment program.

Cory Booker
While the bill was filed last month, it remains a work in progress. A number of advocacy groups, including the Sentencing Project, the Open Society Foundations, the Drug Policy Alliance, and the Interfaith Criminal Justice Coalition have been meeting with Booker and Paul staffers in an effort to make it even better. That work continues.

"A lot of the criminal justice and civil rights and faith groups and the Legal Action Center have been involved in trying to develop legislation like this and are supportive of at least parts of the REDEEM ACT," said Jeremy Haile, federal advocacy counsel for the Sentencing Project. "Both senators have said they are willing and want to hear from advocates about how to make the bill better. We've been doing that," he noted.

"We'd like to see it strengthened in some areas in terms of the repeals of bans for people with felonies getting federal benefits, as well as Pell grants and housing benefits. We'd like to see the bill expanded to take away those bans on services as well because they are all counterproductive for a safer reentry when people are released from prison," Haile continued.

While the bill has been described as a comprehensive criminal justice reform bill, Haile said, it really addresses a few distinct areas around the repeal of bans on benefits, as well as the juvenile justice measures.

Rand Paul
"Repealing the SNAP and TANF bans for people with drug offenses is something we're really interested in," he said. "As it is, the bill will be especially beneficial for people with drug possession and use offenses. People with drug distribution offenses will have to show they have taken advantage of drug treatment and other things."

There is still time to make the bill stronger, Haile said, especially given partisan gridlock and upcoming midterm elections.

"Given that it's an election year and the lack of progress in Congress on just about everything, it's probably not going to pass before the election," he predicted. "But the bill sponsors are very committed to trying to advance it, if not during this session or during the lame duck, then they will reintroduce it next year."

In the meantime, the country and the economy will continue to suffer the effects of over-criminalization and over-incarceration, Booker said.

"Our country's misguided criminal justice policies have placed an economic drag on communities in both of our states, and on our nation's global competitiveness -- all while making us less, not more, safe," he proclaimed.

Washington, DC
United States

Chronicle AM: Medical Marijuana and Opiate ODs, ME Welfare Drug Test Law, Colombia Drug Talks, More (8/26/14)

Medical marijuana may reduce opioid overdose death rates, International Overdose Awareness Day is coming, the drug war claims another victim, new studies from the NIJ, and more. Let's get to it:

Medical Marijuana

Medical Marijuana States Have Lower Opiate Overdose Rates, JAMA Study Finds. States with medical marijuana laws have significantly lower rates of opiate overdose deaths than states that don't, according to an article published Monday in the prestigious Journal of the American Medical Association. The article is Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010.

Illinois Seeks Nominees for Medical Marijuana Advisory Board. The state medical marijuana program is looking for health professionals and patients to serve on its advisory board, which will be appointed by the governor. For more information, visit the Illinois Medical Cannabis Pilot Program.

New Mexico Cannabis Medical Advisory Board Holds Public Hearing on Proposed New Rules. The state's cannabis program's Medical Advisory Board (MAB) held a public hearing yesterday on proposed rule changes to the program. The MAB is frustrated that the Department of Health did not formally consult with it before releasing proposed rule changes, which have garnered unhappy responses from patients and providers.

Harm Reduction

August 31 is International Overdose Awareness Day. In Los Angeles, members of A New PATH (Parents for Addiction Treatment and Healing) are hosting an event at the Santa Monica Pier and Palisades Park. Click on the title link for more details. For details on other Overdose Awareness Day events, visit International Overdose Awareness Day.

Drug Testing

Maine Welfare Drug Test Program Gets No Support at Public Hearing. Health and Human Services Commissioner Mary Mayhew told a public hearing on Gov. LePage's (R) welfare drug testing plan that it was a "common sense approach," but no one else seemed to agree. The ACLU of Maine and Maine Equal Justice Partners vehemently differed. The drug testing scheme, which had been okayed in 2011, but which LePage just rolled now as he faces reelection, would require people with past felony drug convictions to be tested before being approved. A written public comment period is open through Sept. 7, after which Attorney General Janet Mills, a Democrat, will need to sign off on whether the final rule complies with federal law and the intent of the original state-level legislation.

Drugs and Crime

National Institute of Justice Releases Reports on Crime and Drugs. The National Criminal Justice Reference Service at the National Institute of Justice has released five technical reports on drugs and crime. They are: How Much Crime Is Drug-Related? History, Limitations, and Potential Improvements of Estimation Methods, Reducing Drug Violence in Mexico: Options for Implementing Targeted Enforcement, Measuring the Costs of Crime, Drug Control and Reductions in Drug-Attributable Crime, and Managing Drug-Involved Offenders. Click on the title link for more details.

Law Enforcement

Puerto Rico Police Officer is Year's 30th Drug War Fatality. Puerto Rican police officer Geniel Amaro Fantauzzi died Monday after being taken off life support six days after he was shot and critically wounded during a drug raid at a residence. He was an agent of the Humaco Drug Division.

International

Colombia Drug Policy Talks Get Underway. The National Dialog for the Future of Drug Policy got underway last Friday in Bogota. The meeting with members of academia, political groups, and unions is the first of 10 national and regional forums organized by the ministries of Justice, Health and Social Welfare, and Public Affairs. In the first forum, a survey of 61 recognized drug experts was presented, with all 61 saying drug policy "must change" and 42 of them considering current policy "ineffective, costly, and repressive."

Drug War Issues

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