Marijuana Legalization

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German Cannabis Activist Georg Wurth Wins a Million Euros!

Big congratulations are in order for our German brethren. They have scored a major publicity and resource coup that will definitely help them advance the cause.

Cannabis activist George Wurth of the German Hemp Association (Deutscher Hanf Verband) has won a million-Euro prize to expand the group's legalization activism from the German television program Millionaire Choice (Millionaerswahl).

Millionaire Choice is a reality TV program where self-selected contestants compete in a multi-stage process of elimination to see whose idea will be funded. The cross-media campaign is determined by the vote of viewers.

"The madness! George has won. We are completely overwhelmed. The work of 10 years has now finally paid off. Along with the events in the US and Uruguay, this can be the starting point for the hemp movement gaining strength in Germany," the group's home page exclaimed.

"January 25, 2014 will be long remembered by the DHV and raise the German hemp scene to a new level," the group said in a weekend press release. "When we decided to participate in the Millionaire Choice, we would not have expected this tremendous success. We thank you all for your votes and your infectious enthusiasm. You have voted for George, and without you this huge success would not have been possible."

Location: 
Germany

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

Holder Says Marijuana Banking Rules Coming Soon

Attorney General Eric Holder said Thursday that the Obama administration would soon announce regulations that would allow banks to business with legal marijuana businesses. Financial institutions have been scared away from such businesses by the threat of legal action for dealing in the profits of a commodity still illegal under federal law.

Attorney General Eric Holder (usdoj.gov)
The Obama administration had previously signaled it was working to address the issue, but it now appears action is imminent.

"You don't want just huge amounts of cash in these places. They want to be able to use the banking system," Holder said during an appearance at the University of Virginia's Miller Center. "There's a public safety component to this. Huge amounts of cash -- substantial amounts of cash just kind of lying around with no place for it to be appropriately deposited is something that would worry me, just from a law enforcement perspective," he explained.

"We're in the process now of working with our colleagues at the Treasury Department to come up with regulations that will deal with this issue," and the new rules are coming "very soon," Holder said. "It is an attempt to deal with a reality that exists in these states."

Holder did not specify whether his remarks were aimed solely at Colorado and Washington, which have legalized marijuana commerce, or were directed more generally at states that allow for legal medical marijuana.

A Justice Department spokesman later "clarified" Holder's remarks to say that instead of new regulations, Holder was speaking of issuing a "guidance" to prosecutors and federal law enforcement. Whether such a "guidance" without further guarantees from the federal government will be enough to assuage bankers' fears remains to be seen.

But marijuana industry advocates applauded the attorney general's remarks.

For the legal, regulated cannabis industry, this is very welcome news," said National Cannabis Industry Association executive director Aaron Smith. "We have been anxiously awaiting clarity on the banking issue from the Justice and Treasury Departments for many months. To hear that guidance will be issued 'very soon' is encouraging. It's critical that we fix this issue before February 20, when our Colorado members must pay their first round of state taxes, or the Colorado Department of Revenue may be forced to accept more than $1 million in cash payments."

Smith added that the NCIA was "grateful" to Holder and other federal officials who have been working on the issue, and that getting it resolved "cannot come soon enough."

Washington, DC
United States

For First Time, CBS Poll Has Majority for Marijuana Legalization

For the first time since the CBS News Poll first asked the question back in 1979, a slim majority of Americans support marijuana legalization. In the latest CBS News Poll, released today, 51% said marijuana should be legal, with 44% opposed.

The poll findings are in line with a raft of other polls taken since the November 2012 elections that have shown support for legalization at or beyond the tipping point. Those polls have shown support ranging from 45% on the low end to 58% on the high end.

The poll also demonstrates an accelerating trend toward support of legalization. In 1979, only 27% favored legalization. That number climbed slowly over the decades, with 40% supporting legalization in October 2011. But by April 2013, opinion was evenly divided, with 45% favoring legalization and 45% opposed, and now there is a majority for it.

The poll found support for legalization among all age groups except those over 65. Among the middle-aged (45 to 64), support grew to 55%, where in the April 2013 poll that age group was evenly divided.

Even though support is increasing among both sexes, a gender gap remains. Some 57% of men think marijuana should be legal, while only 46% of women do.

And when measured by ideology or political affiliation, only Republicans and conservatives oppose legalization, with each group reporting 61% disapproval. Most Democrats (59%), independents (54%), liberals (72%), and moderates (54%), supported legalizing marijuana use.

Support for medical marijuana was overwhelming, with 86% saying doctors should be allowed to recommend small amounts of marijuana for patients suffering from serious illness. But there is also skepticism, with 56% saying they think it is used for other purposes. But even three out of four (77%) of the skeptics said doctors should be allowed to recommend it anyway.

The poll also asked whether marijuana legalization should be left to the states or the federal government. A healthy majority (62%) said it should be left to the states.

Chronicle AM -- January 22, 2014

Marijuana, marijuana, marijuana. It sure is generating lots of activity, plus Chris Christie speaks out on the drug war, a major farm organization endorses hemp, and Honduras wants to shoot down drug planes. Let's get to it:

New Jersey Gov. Chris Christie (R) wants to end the "failed war on drugs." (state.nj.us)
Marijuana Policy

Philadelphia City Councilman Will Introduce Decriminalization Bill. City Councilman James Kenney said Tuesday he would introduce a bill that would end mandatory arrests for simple marijuana possession. The bill would allow police to issue a summons requiring a $200 fine and a three-hour drug abuse class instead of arresting violators. Philadelphia DA Seth Williams already doesn't prosecute such cases, instead sending offenders straight to class and giving them the fine. "If the DA is not going to prosecute, there's no reason to arrest," Kenney said.

Wisconsin Legislature Passes Bill to Let Localities Prosecute Marijuana Offenses Even if DAs Don't Want To. A bill, Assembly Bill 164, that would expand municipalities' ability to enforce local marijuana ordinances even if district attorneys decline to prosecute passed the state Assembly Tuesday. It already passed the state Senate last September.

Louisiana Legislators Hear Marijuana Legalization Pitch. Supporters of marijuana legalization told lawmakers Tuesday it could generate tax dollars, provide a cash crop for farmers, shrink jail populations, and bring relief to the sick. The testimony was part of a House Criminal Justice Committee study requested by Rep. Dalton Honore (D-Baton Rouge). No legalization bill has been proposed in Louisiana this year.

Legalization Efforts Coming to Three More Maine Cities. After successfully getting a local legalization initiative passed in Portland, the Marijuana Policy Project said Tuesday it will try to do the same thing in Lewiston, South Portland, and York. The group will attempt to put a marijuana legalization question on ballots in all three municipalities through local citizen petitions. The move is part of a larger effort to legalize marijuana statewide in Maine.

Montana Legalization Advocates Turn Eyes to 2016. Big Sky Country marijuana legalization advocates are halting efforts to put an initiative on the ballot this year, and are instead looking to do so in 2016. An initiative had already been filed and cleared for signature gathering, but "the timing wasn't right," said the Marijuana Policy Project.

Medical Marijuana

Illinois Issues Medical Marijuana Draft Rules, Gets Criticism. The Illinois Department of Public Health Tuesday issued draft rules for the state's medical marijuana program, which set a $150 fee to apply for a patient card, require fingerprinting at the patient's expense for a background check, and bar anyone with a drug felony from getting a card, among other things. Patient advocates criticized the lethargic timeline -- it could take up to a year for some patients to get cards -- the costs imposed on patients, and the background checks. The department is soliciting comment on the draft rules until February 14.

Chicago Ordinance Would Limit Dispensaries to Manufacturing Zones. A proposed ordinance (click on the link) supported by Mayor Rahm Emanuel and Councilmember Edward Burke would restrict the locations of dispensaries in Chicago to manufacturing zones. The Marijuana Policy Project is calling on patients and supporters to attend a Committee on Zoning, Landmarks and Building Standards tomorrow to speak out against the restrictive measure. The meeting starts at 10:00am at city council chambers.

North Carolina Poll Has Solid Majority for Medical Marijuana. A new Public Policy Polling survey sponsored by NORML has support for medical marijuana at 63%, up five points from last year. The poll also found support for legalization growing, but still a minority position. Some 42% of North Carolinians now support legalization, up from 39% last year.

New Mexico Doctor Sues Medical Marijuana Board Over Documentation Requirements, Conflict of Interest. A Santa Fe physician has filed a complaint against the Medical Cannabis Advisory Board, claiming the agency exceeded its authority in requiring patient documentation beyond that required by state law and that the director of the board, Dr. Steven Rosenberg, has a conflict of interest because he reviews patient applications for his own practice.

Hemp

Farm Bureau Calls for Removal of Hemp from Controlled Substances List. At its annual convention in San Antonio last week, the American Farm Bureau Federation passed a policy resolution calling for the repeal of hemp's classification as a controlled substance. The Farm Bureau now joins a majority of leading farming organizations that support hemp farming, including the National Grange, the National Farmers Union, and the National Association of State Departments of Agriculture.

Drug Policy

New Jersey Gov. Christie Calls for End to "Failed" Drug War. In his inaugural address Tuesday marking the beginning of his second term in office, New Jersey's embattled Gov. Chris Christie (R) said the war on drugs needs to end. "We will end the failed war on drugs that believes that incarceration is the cure of every ill caused by drug abuse," he said. "We will make drug treatment available to as many of our nonviolent offenders as we can and we will partner with our citizens to create a society that understands this simple truth: every life has value and no life is disposable."

International

Honduras Passes Law to Shoot Down Drug Planes. Honduran legislators late last week approved a bill that would allow the government to shoot down planes suspected of trafficking drugs. Under the bill, authorities would take progressively more forceful steps to make unidentified aircraft land, although with only the defense minister authorized to order a plane be shot down. The Honduran military shot two small planes in 2012 suspected of carrying drugs, and that led the US to suspend anti-drug radar support for about three months.

Chronicle AM -- January 21, 2014

The war on weed may be beginning to wheeze toward its end, a researcher reports, and legislators continue to introduce bills to help it on its way. Meanwhile, harm reduction down South gets some attention, a bad bill targets medical marijuana-using parents in Michigan, and Bermuda gets a decrim bill, and more. Let's get to it:

Marijuana Policy

Intensity of Marijuana Enforcement Declining, Keith Humphreys Says. Academic marijuana policy watcher and addiction specialist Keith Humphreys reports that even though marijuana use is up -- measured by total days of use nationwide -- the intensity of enforcement -- measured by overall arrests divided by total days of use -- is down by as much as 40%. Humphries attributes it to decriminalization and medical marijuana, but also notes that such policy changes often merely formalize what is already occurring on the ground.

Texas Legislature Will Be Faced With Marijuana Reform Bills Again This Year. Two Democratic Texas legislators say they will reintroduce marijuana decriminalization and medical marijuana bills that have gone nowhere in past sessions. Rep. Harold Dutton Jr. (D-Houston) will try for a fourth time to get a bill to decriminalize the possession of under two ounces passed, while Rep. Eliot Naishtat (D-Austin) will try for the seventh time to get his medical marijuana bill to a House floor vote.

Marijuana Legalization Bill Filed in Oklahoma. State Sen. Constance Johnson (D-Oklahoma City) has pre-filed a marijuana legalization bill, Senate Bill 2116. The bill would legalize possession of up to an ounce and allow for the regulation and taxation of marijuana commerce. The legislative session begins February 3. Here's what she's up against: Mark Woodward, with the Oklahoma Bureau of Narcotics, said, "I've seen it wreck more lives than any other drug."

Medical Marijuana

Michigan Bill Targets Patients Who Are Parents. Republican state Sen. Rick Jones (R-Grand Rapids) has introduced a bill designed to make it easier for the state to remove children from the homes of parents who are medical marijuana patients. Senate Bill 736 would allow judges to inspect parents' medical records to see if medical marijuana use is "appropriate" and, if the judge decides it is not, to order the parent to stop using marijuana or designate him or her an unfit parent. Jones said he introduced the bill after hearing complaints from judges. "They want it clarified that they do have the power, as judges, to consider whether or not there's medical marijuana in the home and that there will be access to children and problems," he said.

Meetings on Hawaii Medical Marijuana Law Coming to Hilo, Pahoa. The Drug Policy Action Group and the Medical Cannabis Coalition of Hawaii are holding meetings later this month in Hilo and Pahoa to provide information and get public input on what's right and what's wrong with the state's medical marijuana law, as well as discussing broader marijuana policy reform. Click on the link for details.

Harm Reduction

North Carolina Harm Reduction Coalition OD Prevention Program Gets Noticed. The North Carolina Harm Reduction Coalition (NCHRC) was crucial in getting comprehensive drug overdose prevention laws passed in Raleigh last year, and now they are getting both results and national notice. Click on the title link to read more and see video from CNN and Fox News Charlotte about the laws and the successful use of naloxone to reverse an overdose.

International

Bermuda Marijuana Decriminalization Bill Filed. A senator from the opposition People's National Party (PNP) has filed a marijuana decriminalization bill in Bermuda. The bill would remove all criminal penalties and sanctions for possession of less than 20 grams of marijuana or hashish. At a Tuesday press conference, bill sponsor Sen. Marc Daniels said, "There appears to be a tidal wave of change taking place with our neighbors to our West and South regarding cannabis and cannabis usage. Some US States are making cannabis legal for both medicinal purposes as well as recreational use. The question is whether Bermuda wants to wait until all of our neighbors make changes, or will we be bold enough to chart a new destiny and seek new ways of generating revenue; perhaps with an influx of tourists and/or from local taxes and license fees. The possibilities are endless if we only dare to be different and seize the moment as opposed to playing catch up.'

Obama Marijuana Remarks Spur Finnish Debate. President Obama's weekend remarks on marijuana are spurring debate on marijuana law reform in Finland. "The USA is the number one country in the war on drugs, so if it begins legalizing the use of marijuana, it will surely have a major effect on Europe," sociologist Jussi Perala said. "Making marijuana legal in Finland is utopic, but at some stage something should happen about it. In Finland, harsh punishment can be meted out merely for the intention to use drugs," he said.

Chronicle AM -- January 20, 2014

Marijuana law reform bills just keep coming, a most likely unconstitutional food stamp drug test bill gets filed in Georgia, Australian regulators block urine drug testing of state energy company workers, Jamaican legalizers grow impatient, and more. Let's get to it:

Jamaican marijuana users want something to smile about (wikimedia.org)
Marijuana Policy

Marijuana Legalization Resolution Introduced in New Mexico Senate. State Sen. Gerald Ortiz y Pino (D-Bernalillo County) Friday pre-filed Senate Joint Resolution 10, which would amend the state constitution to tax and regulate marijuana use by persons 21 and older. If the bill passes the legislature, the amendment would be placed on the November 2014 ballot for voters to decide.

Indiana Marijuana Decriminalization Bill Filed. State Sen. Karen Tallian (D-Portage) last week introduced Senate Bill 314, which would decriminalize the possession of up to two ounces of marijuana. Similar legislation was defeated there last year.

Medical Marijuana

Arizona Health Department Rejects Adding New Medical Marijuana-Eligible Conditions. The Arizona Health Department last Friday decided not to approve adding post-traumatic stress disorder, depression, and migraines to the official list of debilitating conditions that are treatable by medical marijuana. Director Will Humble said the decision was due to a lack of published data regarding the risks and benefits of using medicinal cannabinoids to treat or provide relief for those conditions. The department will accept new petitions January 27 through 31.

Bill to Undo Virginia's Already Toothless Medical Marijuana Law Filed. Virginia has had a law allowing for the medical use of marijuana on the books for years, but it has never actually been used. Now, a Republican legislator, Delegate Robert Marshall of Manassas, has filed a bill to repeal even that. House Bill 684 (click on the link) was set for a hearing today.

Michigan Medical Marijuana Providers Drop by Half. The number of medical marijuana patients registered with the state declined slightly in 2013, but the number of providers declined much more dramatically, by nearly 50%. The number of patients dropped from 124,000 to 118,000, a 5% decline, while the number of providers dropped from 50,000 to 27,000, according to two annual reports required by the state legislature. The decline in providers is attributed to new laws regulating the industry and adverse court rulings and prosecutions. The state did, however, realize a $6.9 million profit in receipts from fees over program costs, up from a $6.3 million profit in 2012.

New York Poll Has Strong Support for Medical Marijuana. A poll released Monday (see questions 36 and 37) showed strong support for medical marijuana in the Empire State. The Sienna Poll found majority support for the legislature taking action on the issue, while a smaller number of respondents favored Gov. Cuomo's limited pilot program. Only about one out of five respondents wanted medical marijuana to remain illegal and unavailable.

Drug Testing

Georgia Suspicionless Food Stamp Drug Testing Filed. A bill that would require all food stamp applicants to undergo mandatory, suspicionless drug testing was filed last Friday. House Bill 772 is the brainchild of Rep. Greg Morris (R-Vidalia). A similar bill passed the state legislature in 2012, but was put on hold after Florida's mandatory suspicionless drug testing was successfully challenged in the federal courts.

Methamphetamine

Indiana Meth Crackdown Bill Gets Hearing Date. A bill that would make pseudoephedrine a Schedule III controlled substance requiring a prescription and would heighten penalties for some methamphetamine possession and trafficking offenses will have a January 27 hearing. The bill, House Bill 1248 (click on the link), is sponsored by Indianapolis Republican Rep. Ben Smaltz.

International

Vietnam Sentences 30 Drug Traffickers to Death. A court in Quang Ninh province has sentenced 30 people to death in a massive heroin smuggling conspiracy case involving over two tons of the drugs. Dozens of others got prison sentences of from two years to life in the largest drug trafficking trial in Vietnamese history. Vietnam sentenced at least 86 people to death in 2012, but it's unclear how many were drug offenders.

Australia's New South Wales Unions Welcome Drug Test Ban. Unions in New South Wales cheered after the state's Fair Work Commission last week upheld a 2012 decision to block a state-owned energy company from doing drug testing based on urine samples. Such testing, which measures off-duty drug use (as opposed to on-the-job impairment), is "unjust and unreasonable," the commission said, ordering the company to use mouth swab drug tests, which would detect only immediate recent use. "While oral testing accurately identifies recent drug use... urine tests unfairly monitor workers' private lives," Neville Betts, from the Electrical Tr ades Union's NSW branch, said in a statement.

Jamaica Marijuana Reformers Want to Step Up Pressure on the Government to Act. The Jamaican Ganja Law Reform Coalition wants a more aggressive campaign to pressure parliament to act on legalizing marijuana. "We need a young MP to break the party ranks and put forward proposals for more meaningful legislation than the half steps that they are taking," coalition chairman Paul Chang told the opening session of the Cannabis Stakeholders Conference organized by the coalition. Parliament is currently dithering with bills that would decriminalize pot possession and expunge arrest record for marijuana offenses, but that's not enough, coalition members said.

Obama: Marijuana Less Dangerous Than Alcohol, But...

In an interview with The New Yorker released Sunday, President Barack Obama said he didn't think marijuana was more dangerous than alcohol and that the legalization experiments going on in Colorado and Washington were "important." But he also said marijuana use wasn't something he could encourage and he worried that pot legalization could lead to a slippery slope where the decriminalization or legalization of other, more dangerous, drugs might be considered.

President Barack Obama (whitehouse.gov)
The comments came as interviewer David Remnick prodded Obama on the issue of marijuana policy in the midst of a whopping 15,000-word profile of the president. Remnick described Obama's position on pot as an area of shifting public opinion where "he seemed even less eager to evolve with any dispatch and get in front of the issue."

"As has been well documented," Obama said in response to a Remnick question, "I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don't think it is more dangerous than alcohol."

But is it less dangerous, Remnick asked?

It is "in terms of its impact on the individual consumer," Obama conceded. "It's not something I encourage, and I've told my daughters I think it's a bad idea, a waste of time, not very healthy."

Perhaps marijuana smoking is a bad habit, but racially biased marijuana law enforcement is bad policy, Obama said.

"Middle-class kids don't get locked up for smoking pot, and poor kids do," he said. "And African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties. We should not be locking up kids or individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing."

And thus, the administration's hands-off policy toward marijuana legalization in Colorado and Washington:

"It's important for it to go forward because it's important for society not to have a situation in which a large portion of people have at one time or another broken the law and only a select few get punished."

But then, the professorial president argued the other side of the issue.

"Having said all that, those who argue that legalizing marijuana is a panacea and it solves all these social problems I think are probably overstating the case. There is a lot of hair on that policy. And the experiment that's going to be taking place in Colorado and Washington is going to be, I think, a challenge."

Legalizing marijuana could open the door to talk about legalizing other drugs, he cautioned.

"I also think that, when it comes to harder drugs, the harm done to the user is profound and the social costs are profound. And you do start getting into some difficult line-drawing issues. If marijuana is fully legalized and at some point folks say, 'Well, we can come up with a negotiated dose of cocaine that we can show is not any more harmful than vodka,' are we open to that? If somebody says, 'We've got a finely calibrated dose of meth, it isn't going to kill you or rot your teeth,' are we OK with that?"

Chronicle AM -- January 17, 2014

Washington's attorney general has dealt a body blow to the statewide legalization of marijuana commerce there, medical marijuana continues to keep state legislatures busy, a New Mexico town and county pay out big time for a horrid anal search, heroin legislation is moving in Kentucky, and more. Let's get to it:

Marijuana Policy

Washington Attorney General Rules Localities Can Ban Marijuana Businesses. In a formal opinion released Thursday, the Washington attorney general's office held that "Initiative 502 as drafted and presented to the voters does not prevent local governments from regulating or banning marijuana businesses in their jurisdictions." The ACLU of Washington said the attorney general's opinion is mistaken and it "will go to court if necessary" to see it overturned, while the state Liquor Control Board, which is charged with implementing I-502 said that the "opinion would be a disappointment to the majority of voters who approved the law."

Marijuana Reforms Will Be on the Legislative Agenda in Louisiana Again This Year. State Rep. Austin Badon (D-New Orleans) has already introduced House Bill 14, which would dramatically lessen the state's draconian marijuana penalties, and further-reaching bills could be forthcoming. The Badon bill passed the House last year before dying in the Senate.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get Hearing This Month. State Senate Law and Justice Committee Chairman Chuck McIlhinney (R) said Thursday he had scheduled a public hearing for January 28 on a medical marijuana bill introduced this week. The bill, Senate Bill 1182, is cosponsored by Sens. Daylin Leach (D) and Mike Folmer (R).

Hawaii House Speaker Says State Needs Dispensaries. House Speaker Joe Souki said Wednesday that the lack of places for medical marijuana patients to obtain their medicine was "a gap in the law" that needs to be addressed. That patients can use medical marijuana but have no place to obtain it is "an anomaly," he said. Addressing dispensaries is a "humanitarian" issue, he added.

Utah Poll Finds Narrow Majority for Medical Marijuana. A new Salt Lake Tribune poll has 51% of Utahns supporting medical marijuana, but 67% opposing decriminalization or legalization.

Georgia Poll Finds Narrow Majority for Medical Marijuana. A new InsiderAdvantage poll has 51% of Georgians supporting medical marijuana "in very specific instances, such as in a liquid form to reduce seizures from young children." Some 27% were opposed, and 22% undecided. "The key here is that any legislation must be on a limited basis. That said, Republicans and Democrats both support this legislation by well over 50 percent, while independent voters are close to a majority as well," said Matt Towery, president of InsiderAdvantage and a former legislator.

Heroin

Kentucky Senate Approves Bill to Reduce Overdose Deaths, Increase Trafficking Penalties. The state Senate Thursday approved Senate Bill 5, which would create more treatment beds for heroin users and lengthen prison sentences for heroin and methamphetamine traffickers. A similar version of the bill passed the Republican-led Senate last year, but stalled in the Democratic-led House. The bill would require the state Medicaid program to cover several inpatient and outpatient treatment options for people addicted to opiates, including heroin and prescription painkillers. It also would divert some of the state's hoped-for savings from a 2011 prison sentencing reform package to expand treatment programs. But the bill would also stiffen penalties for people convicted of trafficking in larger quantities of heroin, methamphetamines or both, requiring them to serve at least half of their prison sentences before they are eligible for shock probation or parole.

Search and Seizure

New Mexico Town, County Pay Out Big Time for Forced Anal Searches of Drug Suspect. A Deming, New Mexico, man who was subjected to a hospital anal exam involving three enemas, a colonoscopy, and being forced to defecate in front of police and medical personnel in a fruitless search for drugs will get $1.6 million in damages in a settlement from Deming and Hidalgo County. David Eckert will most likely win additional damages from a local hospital where doctors agreed to perform the exam.

Sentencing

Charles Colson Task Force on Federal Corrections Funded in Federal Spending Bill. The omnibus federal spending bill filed this week and expected to pass quickly includes $1 million to establish the Charles Colson Task Force on Federal Corrections, an independent, bipartisan grouping that will examine a number of challenges facing the federal correctional system, including overcrowding and ways to minimize growth, violence behind bars, rehabilitation, and reentry. Colson was a Nixon administration official jailed in the Watergate scandal who became a prison reformer in the wake of that experience.

International

Spurred by Attorney, Bermuda's Medical Marijuana Debate Heats Up. Attorney Alan Gordon's online petition to have the Bermudan government allow emergency access to medical marijuana for cancer patients has spurred considerable notice on the island, with National Security Minister Michael Dunkley and Gordon publicly clashing over the law and whether Dunkley can act. Click on the link to see Dunkley's comments and Gordon's well-publicized written response.

Vietnam Sentences Three Drug Offenders to Death; Iran Executes Six. And the resort to the death penalty against drug offenders continues. According to the anti-death penalty group Hands Off Cain, three Vietnamese men charged with heroin trafficking got death sentences, while Iran, the world's leading drug offender execution, hung another six.

The Specter of Municipal Marijuana Legalization Looms Over DC [FEATURE]

The District of Columbia city council this week took a preliminary step toward decriminalizing marijuana possession in the nation's capital, with a bill to do just that winning a unanimous committee vote. But the council's belated response to decades of racially biased pot policing may end up just being a blip on the path to outright legalization.

That's because District activists, led by the indefatigable Adam Eidinger and the DC Cannabis Campaign have filed a marijuana legalization initiative with DC officials and are determined to move forward with it.

According to the campaign, the Legalization of Possession of Small Amounts of Marijuana for Personal Use Act of 2014 would "make it lawful for a person 21 years of age or older to possess up to two ounces of marijuana for personal use; to grow no more than three mature cannabis plants within the person's principal residence; and to transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older; and to use or sell drug paraphernalia for use, growing or processing of marijuana or cannabis that is made legal by the Initiative."

The act does not address legal marijuana commerce because under District law, initiatives cannot deal with matters having to do with District government revenues. In the event the initiative passed, the council would have to come up with any regulatory and taxation scheme.

"Under DC law, voters can't interfere with the city's tax and spending authority," explained Bill Piper, national affairs director for the Drug Policy Alliance (DPA). "And the courts have read that so broadly that they ruled that a ban on public smoking in bars would lead to less smoking, which would interfere with the city's revenue authority."

The time for a legalization push appears to be ripe. Public sentiment in the District, long a bastion of liberal politics, is swinging in favor of legalization, not least because of increased public awareness of the racially disparate impact of marijuana prohibition.In a June report, The War on Marijuana in Black and White, the American Civil Liberties Union found that Washington, DC, had one of the highest racial disparities in marijuana arrests in the country, second only to Iowa. In DC, blacks were 8.05 times more likely to face arrest for pot possession than whites. Numbers such as these are driving the reformist impulse in the District.

A Washington Post poll released Wednesday is a case in point. In that poll, 63% of DC residents favored legalizing small amounts of marijuana, up from only 46% in 2010. And among the District's black residents, support increased even more dramatically, from only 37% in 2010 to 58% now.

Adam Eidinger before the microphone (dcmj.org)
Not only does legalization appear to have public opinion on its side, the District is also easy pickings for initiatives. The number of signatures needed to qualify for the ballot is relatively small, and, in advertising market terms, DC is only a medium-sized market, meaning that the cost of a campaign is also relatively small.

"We only need 25,000 valid signatures, although we're going for 30,000, just to be on the safe side," said Eidinger. "I think we can do that in four months," even though DC law gives them up to six months.

The veteran DC activist estimates that the campaign needs $500,000 to be successful.

"I think we need about $300,000 for signature gathering," he said. "We'll need about half a million to be also be able to fight off any counter-campaign that emerges."

Eidinger and the DC Cannabis Campaign aren't there yet. He said the campaign had received a $100,000 donation from Dr. Bronner's Magic Soaps and an additional $10,000 in bitcoins (!). The drug reform community needs to step up, he said.

"If we don't raise at least $350,000, I don't know if we can move forward," he said. "That's the bare bones. And if we do get this on the ballot, the drug reform community here in Washington should come up with the money. This is the nation's capital," he exclaimed. "It's a twofer. If we can legalize it here, we can legalize it anywhere."

But drug reform organizations that serve as major funding conduits have yet to get on board, at least with their checkbooks.

"We don't have a position so far on the initiative," said Dan Riffle, a spokesman for the Marijuana Policy Project. "We generally support legalization, but it's a question of whether we want to put our resources into a campaign that would improve on a very good law."

Riffle was referring to the District's decriminalization bill, which he described as "the best decriminalization law in the country," with maximum $25 fines and no probable cause for a search based on smell alone.

DPA was similarly focused on the decriminalization bill and perhaps going even further with the council.

"Our first goal is eliminating the mass arrests of people of color in DC, which is why we're working with the council to support the decriminalization bill," said Piper. "And then we will support legalization, either through the initiative process or through the council or both," he said.

"We've had a lot of discussions with Adam," said Piper. "They're in the process of figuring out how much money they can raise to support this, while we're working with Councilmember Grosso and others on a tax and regulate bill."

That's all well and good, said Eidinger, but the initiative campaign needs money now.

"Early donations are the most important," he emphasized. "I think we can get the money to get this on the ballot, but we need money to defend it, and we need to hire good people early. People need to donate now!"

Marijuana reform is happening in the District of Columbia. The question now is how far it goes, and by what route. Decriminalization looks like a done deal, but having a legalization initiative hanging over the city council's head may prod it to take the next step as well.

"The council will for sure decriminalize in the next month," Piper prophesied. "But will they then take up legalization? Having an initiative on the ballot is a good way to force their hand. We're hopeful that the council will realize that they will either end up in a situation where marijuana is legal with no controls, or they can take action and adopt a regulatory approach."

The initiative now awaits approval by the Board of Elections of its language, which could take up to a month. Then, it's on to signature gathering. Then it's winning an election. And then, Congress would have to refrain from blocking it -- or be forced once again to contravene the democratically expressed will of the voters of the nation's capital.

"There are lots of hurdles, but now is the time to move forward with righteous indignation," Eidinger said. "Those people who were talking about decriminalization aren't talking about it now; instead, the goal now is legalization. This is the time for everyone to think big and win!"

Washington, DC
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