Marijuana Legalization

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Guatemalan President Will Present Plan to Legalize Marijuana, Opium Production

Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. His comments came in an interview with Reuters.

Guatemalan President Otto Perez Molina (user surizar via wikimedia.org)
Perez, a conservative and former general, has been a harsh critic of the US-led war on drugs in Latin America, repeatedly denouncing such policies at international forums. He has also previously mentioned the possibility of moving to legalize marijuana and opium production, but has yet to put forward a concrete plan to do so.

But a presidential commission has been studying the issue of reforms in the country's drug laws, and Perez told Reuters he expected the commission to make its recommendations by October and that the measures could be presented by year's end. That could include a bill to legalize drugs, particularly marijuana, Perez said.

"The other thing we're exploring... is the legalization of the poppy plantations on the border with Mexico, so they're controlled and sold for medicinal ends," Perez said. "These two things could be steps taken on a legal basis."

While Afghanistan is by far the world's largest opium producer, accounting for nearly 90% of global production, poppies are also grown in the Western hemisphere -- in Mexico and Colombia, as well as Guatemala. Western hemisphere opium accounts for most of the heroin consumed in the United States.

Perez is keeping a careful eye on his northern neighbor, too. Mexico decriminalized drug possession in 2009, but has been loath to take further steps to end the drug war there, although there are now proposals afoot to legalize marijuana. Meanwhile, Mexican drug trafficking organizations, under pressure in their home country, have expanded their operations in Guatemala and other Central American nations.

Guatemala City
Guatemala

Pew Poll Reveals Seismic Shift in Drug Policy Attitudes [FEATURE]

A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.

rethinking...
Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.

Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.

"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.

More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.

"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."

http://stopthedrugwar.org/files/pew-mandatory-minimums-poll.jpg
The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.

And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.

Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).

At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.

And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.

Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.

"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."

"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.

While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.

"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."

Obama Needs to Slap Down His Rogue DEA Chief

DEA Administrator Michele Leonhart told a congressional committee today her agency is "fighting back" against Justice Department policies tolerating marijuana in states where it is legal. The president needs to dump her, or at least remind her who the boss is.

Your tax dollars at work (usdoj.gov/dea)
Thanks to the Marijuana Policy Project for the heads up on this. Here's their release on it:

DEA Administrator Tells Congress Her Agency Is “Fighting Back” Against Administration’s Tolerance of Marijuana Legalization                                                               

At a Wednesday House subcommittee hearing, DEA director Michele Leonhart publicly opposed Department of Justice position on legal marijuana in Colorado and Washington and warned of dangers of marijuana legalization … to pets.

WASHINGTON, D.C. — Michele Leonhart, administrator of the Drug Enforcement Administration (DEA), repeatedly criticized the Obama administration at a hearing Wednesday on the DEA’s budget for the upcoming fiscal year.

In a memo released in July 2013, the Department of Justice (DOJ) announced that it would not interfere with the effective implementation of laws regulating the cultivation and sale of marijuana for adults in Colorado and Washington. When asked by Congressman Frank Wolf (R-VA) during a Commerce, Justice, Science and Related Agencies subcommittee hearing whether the Obama administration’s tolerant views toward legal marijuana had affected morale at the DEA, which is a branch of the DOJ, Leonhart replied that “our agents are fighting back against those messages. It makes us fight harder.” She had earlier criticized the DOJ for a perceived delay in issuing a response to Washington and Colorado’s new laws, claiming there was “a lot of confusion in those 296 days.”

Leonhart also claimed that public opinion in Colorado is turning against the initiative making marijuana legal, yet two recent polls suggest Colorado residents are more supportive of the law than ever before. A Public Policy Polling survey from March showed that 57% of Colorado voters think marijuana should be legal, and a Quinnipiac poll from February showed 58% support for the state’s legalization law. It was supported by 54.8% of voters in 2012. Finally, Leonhart claimed legalization would be dangerous to pets in Colorado and warned of a surge in veterinary clinic visits due to dogs consuming marijuana.

The Marijuana Policy Project has launched a Change.org petition calling on the president to fire Leonhart and replace her with someone who will base decisions on science and evidence instead of politics and ideology. The petition currently has more than 29,000 signatures and is available at https://www.change.org/petitions/president-barack-obama-fire-anti-marijuana-dea-administrator-michele-leonhart.

"Administrator Leonhart’s comments were shocking," said Dan Riffle, MPP director of federal policies. "The DEA is not simply ignoring the administration’s policies with respect to regulating marijuana, but actively undermining them. Publicly criticizing and questioning the competence of your supervisor would get anyone fired in the private sector. It’s frankly astounding to me that Ms. Leonhart is still employed and American taxpayers continue to foot her $165,000 salary to publicly campaign against the president’s policies. As more Americans recognize that marijuana is safer than alcohol, more think we need to start treating it that way. Michele Leonhart is standing in the way, and it is time for her to go."

Yes, it is time for Michele to go. I would nominate someone like Ethan Nadelmann or Eric Sterling to replace her, but honestly, Zippy the Pinhead would do as well.

Chronicle AM -- April 2, 2014

A new Pew Research poll has some surprising and heartening results, Madison (WI) says legalize it, Wisconsin passes a CBD medical marijuana bill, misbehaving cops get noticed, the Russians are griping about the Aghan poppy crop again, and more. Let's get to it:

Aghanistan opium poppy field (unodc.org)
Marijuana Policy

Dane County (Madison), Wisconsin, Voters Say Legalize It. Voters in Dane County approved a non-binding advisory referendum calling on legislators to legalize marijuana in the land of the Cheese Heads. The referendum passed with 64.5% of the vote.

Medical Marijuana

Missouri Senate Panel Holds Hearing on Medical Marijuana Bill. The Senate General Laws Committee heard testimony on a medical marijuana bill Tuesday, but took no action. The measure, Senate Bill 951, is not expected to pass this session.

Wisconsin CBD Medical Marijuana Bill Passes Legislature. The Wisconsin legislature has approved a CBD medical marijuana bill. Assembly Bill 726 passed the Senate Tuesday, the last day of the legislative session. It had already passed the Assembly.

Drug Policy

Pew Poll Finds Tectonic Shift Underway on Drug Policy. A new Pew Research Center poll finds that the public is ready for a truce in America's long-running drug war. Two-thirds favored treatment over jail for heroin and cocaine users and strong majorities said that alcohol was more harmful than marijuana. Click on the link for full poll results, or read our feature story on it in this issue.

Prescription Drugs

US Senator Calls on DEA to Implement Prescription Drug Take Back Program. Sen. Amy Klobuchar (D-MN) took to the Senate floor Tuesday to press the DEA to implement a 2010 law based on bipartisan legislation she sponsored. The law expands drug take back programs. "Prescription drug abuse has reached crisis levels and is leading to a spike in heroin abuse as well, and we should spare no effort to reverse this deadly trend," Klobuchar said. "My drug take back law will help keep drugs out of the wrong hands and prevent prescription drug abuse as well as heroin abuse. The Administration needs to implement this common sense law so that we can give families new tools to help fight this devastating epidemic." No word yet on any DEA response.

Law Enforcement

Minnesota Occupy Activists Given Drugs By Cops Can Sue, Judge Rules. In a bizarre story out of Minneapolis, a federal judge has ruled that Occupy activists plied with marijuana by Minnesota police doing a drug identification training exercise during the protests can sue. Law enforcement agencies that employed the officers involved had filed a motion to throw out the case, but US District Court Judge John Tunheim rejected the motion, noting that "in light of the clear prohibition on providing illicit drugs to citizens," the agencies "are not entitled to the protection of qualified immunity." Click on the link for all the weird details.

Lawsuit Charges Corruption, Harassment Among Alabama Narcs. A former Walker County deputy who worked for the department's Narcotics Enforcement Team before he was fired has filed a lawsuit against the county and the sheriff charging he was fired for cooperating in an FBI investigation of his boss, who killed himself after stealing drug money to pay personal bills and support his mistress. Click on the link for all the sordid details.

International

Russian Drug Czar Charges NATO Doesn't Care About Afghan Drug Production. NATO's decision to phase out cooperation with Russia in training anti-drug officers for Afghanistan reveals the alliance's unwillingness to really combat drug production in this country, Viktor Ivanov, the chief of the Russian Federal Drug Control Service, told Interfax on Wednesday. "This is not surprising. What could you have expected from NATO?" Ivanov said. "NATO has long been pursuing a policy aimed at the presence of its military component in Afghanistan. Now they are pulling out of this country, leaving massive drug production there," Ivanov said. Afghanistan accounts for nearly 90% of the world's illicit opium production, according to the UN.

DC Mayor Signs Decriminalization Bill! [FEATURE]

Washington, DC Mayor Vincent Gray Monday signed the marijuana decriminalization bill passed last month by the city council. It's not quite a done deal yet, though -- Congress has 60 working days to object, but to stop the bill, it must pass a resolution blocking it, and President Obama must sign it. So it appears likely that the nation's capital will have decriminalized pot possession by the time Congress leaves town for the August recess.

"DC lawmakers heard loud and clear the public's demand to end marijuana arrests and passed one of the strongest decriminalization laws in the whole country, said Grant Smith, policy manager with the Drug Policy Alliance. We don't expect members of Congress to object to saving taxpayer dollars and advancing racial justice here in the nation's capital."

The decriminalization bill, the Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409) makes possession of less than an ounce of marijuana a civil offense punishable by a fine of only $25 (the cheapest of any decriminalization state). It also explicitly prohibits police from using the smell of marijuana as a pretext for stopping and searching people.

The bill advanced through the DC political process on a wave of concern that marijuana laws in the nation's capital were being enforced in a racially discriminatory fashion and is seen by council members and advocates alike as a model for reducing racial disparities in the criminal justice system.

Last July, the American Civil Liberties Union released The War on Marijuana in Black and White, which found that black people in the District are eight times more likely to be arrested for marijuana possession than whites, and the Washington Lawyers' Committee on Civil Rights and Urban Affairs released Racial Disparities in Arrests in the District of Columbia, 2009-2011, which found that blacks accounted for nine out of 10 drug arrests in the District.

Those grim realities were at the forefront as a broad spectrum of DC faith, community, and advocacy groups praised Mayor Gray's signing of the bill.

DC Mayor Vincent Gray has signed the decrim bill. (mayor.dc.us)
"Passage of this law gets to the unspoken imbalances in our justice system for people of color and it is the voice of the people who ensured its passage," said Collective Power, a grassroots alliance of District residents concerned about the disproportionate criminalization and discrimination of communities of color. "The District of Columbia must be at the forefront of decriminalizing 'being black and brown' and this is the start."

"The passing of the decriminalization marijuana bill is the first step in the right direction to dismantling the immoral war on drugs that has devastated communities of color," said Rev. Kelly D. Wilkins with the Covenant Baptist United Church of Christ.

"Although I do not advocate or condone the use of marijuana, I support this bill because far too many of our people have been targeted, locked up, thrown away and placed outside of our society due to a small amount of marijuana, said Reverend George C. Gilbert, Jr. with Holy Trinity United Baptist Church.

"This bill is one of the first measures to address racial profiling in drug arrests, both procedurally and substantively. We are confident that Congress shares the District's concerns about disparities in enforcement and the disturbing trends we are seeing nationwide," said Patrice Amandla Sulton with the NAACP DC Branch.

"This historic legislation exists because DC residents and their leaders decided to change an ugly reality: Black people are stopped, searched, and arrested under marijuana prohibition far more than whites, when both groups use the drug at similar rates," said Seema Sadanandan, Program Director at the ACLU of the Nation's Capital.

"I've talked to hundreds of people in the District's black and brown communities who have been stopped and searched because police officers claimed they smelled marijuana, only to find no evidence of the drug whatsoever," Sadanandan continued. "Children on their way home from school, parents on their way to work -- marijuana odor has become the flimsy excuse for treating people of color like criminals. With this decriminalization legislation, we will take a critical step toward ending the racial profiling of entire communities."

If and when the law goes into effect, DC will join 17 states that have already decriminalized small-time marijuana possession. But passage of the decriminalization bill into law is by no means the end to marijuana politics in the District -- in fact, it could be just a first step on a path toward outright legalization, either through the council or through the initiative process.

Before the council right now is a full-blown marijuana legalization bill, Council Bill 20-466, which has been sitting in the Judiciary and Public Safety Committee since it was introduced last fall by Councilmember David Grosso.

And waiting in the wings is the DC Cannabis Campaign, whose marijuana legalization initiative has just been approved for signature-gathering.

"I congratulate Mayor Gray for signing this practical reform that should result in fewer people being burdened with a trip to the courthouse for small amounts of marijuana. More people than ever are hopeful the mayor will next support full legalization," said the campaign's chairman, Adam Eidinger.

Given time limitations, Eidinger and the DC Cannabis Campaign can't sit around waiting for the city council to act or for a new mayor to be chosen. They need to start gathering signatures now if they are to try to qualify for the November ballot. They only have until July 7 to come up with 25,000 valid voter signatures, but if they do, the passage of the decriminalization bill may be a significant victory that ends up forgotten in the accelerating rush toward repealing pot prohibition.

Washington, DC
United States

Chronicle AM -- April 1, 2014

No April Fools' stories here -- the mayor of Washington really did sign a decriminalization bill, the Kentucky legislature really did pass a CBD medical marijuana bill, the US government really won't help Honduras shoot down drug planes, and more. Let's get to it:

Marijuana Policy

DC Mayor Signs Decriminalization Bill. District of Columbia Mayor Vincent Gray signed the marijuana decriminalization bill already passed by the city council Monday. It's still not quite a done deal, though; it must still get past the Congress, which has 60 days to stop it. We will have a feature story on the signing later today.

California Cannabis Hemp Initiative is Back and Seeking Signatures Again. The California Cannabis Hemp Initiative, which failed to meet a signature-gathering deadline earlier this year, has been re-filed and is again seeking to come up with enough signatures to qualify for the November ballot. The followers of legendary activist Jack Herer have tried each election cycle for years to qualify, but have never managed to do it. They need slightly more than half a million signatures by August.

Medical Marijuana

The Eighth National Clinical Conference on Cannabis Therapeutics to be Held May 8-10; Registration Now in Progress. The medical marijuana organization Patients Out of Time and the University of California-San Francisco School of Medicine are sponsoring the conference on the state of the art (and science) on medical marijuana in Portland, Oregon. Click on the link for all the details.

Arizona State Senator Blocks Funding for Long-Sought Medical Marijuana Research. Supporters of medical marijuana research are trying to put state Sen. Kimberly Yee in the hot seat because the Senate Education Committee chairwoman is blocking a bill that would allow monies collected under the state's medical marijuana program to be used to help fund an approved trial of medical marijuana for treating PTSD in veterans. The bill is House Bill 2333, which has already passed the House. A demonstration is set for tomorrow in Phoenix. Click on the title link for more details.

Kentucky Legislature Passes CBD Medical Marijuana Bill. The state Senate Monday gave final approval to a bill that would allow research hospitals to prescribe CBD cannabis oil to children with seizures. Senate Bill 124 now goes to the desk of Gov. Steve Beshear (D).

Medical Marijuana Dropped from New York State Budget. On Saturday, Governor Cuomo, Speaker Sheldon Silver, and Senate Co-Presidents Dean Skelos and Jeffrey Klein announced that they had reached a budget agreement, but the deal excluded a medical marijuana bill, the Compassionate Care Act. The Assembly had included the proposal as part of their one-house budget bill, but the Senate and governor refused to include the bill in the final budget. The Compassionate Care Act has passed the Assembly four times, has bipartisan support in the Senate, and is supported by a super-majority of New York voters. But Senate leaders have refused to let the bill come up for a vote.

Oregon Health Authority Rethinks, Revises Rules to Allow Edibles, But. The Oregon Health Authority on Monday issued revised rules for marijuana-infused products, allowing the sale of baked goods and other sweets but banning marijuana-laced sweets "attractive to minors." The authority had recently issued draft rules banning edibles, but backed off in the face of strong opposition.

Puerto Rico Senate Debating Medical Marijuana. The Puerto Rican Senate is currently discussing the legalization of marjhuana for medical use and its cultivation. Advocates of the move argue legalization will dramatically cut crime and legal costs on the Caribbean Island. Click on the link for more details.

Prescription Drugs

Congressman Wants to Ban Zohydro. Massachusetts Democratic Rep. Stephen Lynch has filed a bill that would ban Zohydro, the powerful opioid pain reliever recently approved by the Food and Drug Administration. The bill is House Resolution 4241. Similar legislation has been filed in the Senate by Sen. Joe Manchin (D-VA).

Law Enforcement

Portland, Oregon, Commissioner Wants to Slash Dope Squad Funding. Portland Commissioner Steve Novick is working to convince his colleagues to cut half of the money budgeted for Portland Police Bureau's Drugs and Vice Division, arguing that other city services demand higher priority -- such as disaster preparedness and pedestrian safety. He argues that the division is engaged in a "failed 40-year effort to interrupt the supply of drugs." He makes his case before the commission today.

International

US Won't Help Honduras Shoot Down Suspected Drug Planes. The US will no longer provide radar information that could help the Honduran government shoot down suspected drug planes, US embassy officials in Tegucigalpa confirmed Monday. Honduras passed a law in January that allows military force against suspected drug planes if approved by the Honduran defense secretary.

Britain to Set Drugged Driving Per Se Standards. The British government is about to set drugged driving standards for a number of substances, some legal and some not. These are not "zero tolerance" standards, but will allow drivers to have small amounts of the substances in their blood without triggering drugged driving charges. Click on the link to see the limits for various substances.

Chronicle AM -- March 31, 2014

Garden State municipal prosecutors say legalize it, an Arizona sheriff has to give back medical marijuana seized rom a patient, Colorado wants to crack down on high plant-count patients, Louisiana takes a resolutely last century approach to heroin, Uruguay is going to seriously track its legal weed, and more. Let's get to it:

This much heroin could get you a two-year mandatory minimum sentence under a bill being considered in Lousiana (wikimedia.org)
Marijuana Policy

New Jersey Prosecutors Say Legalize It. The New Jersey State Municipal Prosecutors Association has come out in favor of legalizing marijuana possession. The support of the prosecutors association comes as two bills were introduced this month in the legislature. The board of trustees of the municipal prosecutors association on February 21 voted to endorse legalization, said its president, Jon-Henry Barr, who is municipal prosecutor in Kenilworth and Clark.

Poll Shows Virginians Split on Legalization, Strongly Favor Medical Marijuana. A new Quinnipiac poll has Virginians narrowly opposed to legalization, with 46% in favor and 48% opposed. Medical marijuana fares much better, with support at 84%.

Wisconsin Decriminalization Bill Filed. Rep. Evan Goyke (D-Milwaukee) and 10 Democratic cosponsors have introduced a decriminalization bill, Assembly Bill 891. It has been referred to the Assembly Committee on Criminal Justice, but is not expected to go anywhere.

Wisconsin's Dane County (Madison) Votes Tomorrow on Legalization Advisory Referendum. Voters in Dane County, Wisconsin, will vote tomorrow on whether to approve an advisory referendum calling for marijuana legalization. The question was put on the ballot by County Board member Leland Pan.

Vermont Legislature Legalization Debate Killed. An effort to debate a proposal to study the impact of legalization on state revenues died in the state House. The effort came in an amendment to a miscellaneous tax bill from Rep. Kristina Michelsen (D-Hardwick), but was blocked when Rep. Thomas Koch (R-Barre Town) asked House Speaker Shap Smith to rule on whether it was germane. He ruled it wasn't.

Hundreds Rally for Marijuana Reform in Harrisburg. Supporters of medical marijuana, hemp, and decriminalization rallied by the hundreds at the Pennsylvania state capitol in Harrisburg Monday. They called it the Keystone Cannabis Reform Rally.

Medical Marijuana

US Supreme Court Denies Arizona County's Appeal; Sheriff Must Give Back Seized Medical Marijuana. The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

Oregon Has Now Approved 22 Dispensaries. The Oregon Health Authority reported 14 more dispensaries had been approved by late Friday, on top of the eight approved the previous week.The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.

Nevada Dispensary Rules Finalized. The Legislative Commission approved rules for growing, processing, and selling medical marijuana Friday. Nevada voters approved medical marijuana in 2000 but patients have had no legal way to acquire it other than to grow it. A law approved by the 2013 legislature and signed by Gov. Brian Sandoval set up a taxing and distribution system to make it accessible to patients. It could be late this year or early 2015 before medical pot is available for purchase.

California Federal Court Judge to Hear Motion on Declaring Unconstitutional Marijuana's Schedule I Classification. For the first time, a federal judge has granted a hearing on a motion to declare unconstitutional the continued classification of marijuana in Schedule I. The evidentiary hearing is currently set for June 2 before Federal District Court Judge Kimberly Mueller in Sacramento.

Colorado Health Officials Warn of Crackdown on High Plant-Count Patients. Beginning today, the state Health Department will send out letters to doctors who recommended that patients be allowed to grow elevated plant counts and the patients who benefit, requiring them to provide more documentation on the need for the extra plants. The department also unveiled a proposed bill that would strictly limit medical-marijuana caregivers -- people who grow cannabis for patients who can't grow for themselves -- to serving only five patients and growing no more than six plants per patient. Caregivers can currently apply for a waiver to serve more than five patients. The proposals did not go over well with medical marijuana supporters, with Health Department spokesmen being cursed at and called "fascists" in response.

Massachusetts Municipal Association Releases Report on State Medical Marijuana Law. The Massachusetts Municipal Association has released a report on the state's medical marijuana law, offering several suggestions for local officials trying to navigate it. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers. Municipalities, Rollins said, have the power to create zoning bylaws, ordinances, special permits or host community agreements.

Drug Testing

West Virginia Governor Signs Mining Industry Drug Test Reporting Bill. Gov. Earl Ray Tomblin (D) has approved a bill requiring employers in West Virginia's mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training. Prior to this law, which takes effect immediately, mine industry employers were only required to submit test results to the state if a miner was fired. Employers must notify the administration within seven days if an employee tests positive, refuses a urine sample, or has submitted an adulterated sample. Suspect employees will be suspended from work until they appear before a board of appeals. New hires must submit to a pre-employment urine test.

Alabama's Jefferson County (Birmingham) Suspends Employee Drug Testing Program. Mandatory, suspicionless drug testing of all new hires in Jefferson County has been suspended pending an inquiry into whether the program is unconstitutional. Ronald Sims, the court appointed receiver in charge of the county's Human Resources Department, this month halted across-the-board drug tests and medical examinations for new county workers because, Sims said, the drug tests "likely violate individuals' rights to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution."

Law Enforcement

Friends, Family of Unarmed Man Killed in Drug Raid Rally in Tulsa. Deandre Starks was shot and killed last week by Tulsa police serving a drug search warrant. On Friday, friends and family members rallied at city hall demanding answers. Starks' mother said she believed her son was murdered. Police said they fired at him after he made a threatening movement, but Vanesta Starks wasn't buying that. "But to know that my son was shot when his hands was up in the air, surrendered. He tripped over a rail and that was the body movement. I know the story. I just want to know if somebody will come tell me why," she said.

Lawsuit Charges "License Plate Profiling" by Idaho Troopers. A 70-year-old Washington man who was arrested and his car searched by an Idaho Highway Patrol trooper solely because he had Colorado plates has filed a federal lawsuit charging "license plate profiling." Both Colorado and Washington are legal marijuana states, while Idaho is one of the most reactionary on marijuana policy. Click on the link for all the tawdry details.

Sentencing

Louisiana Bill Would Jack Up Sentences for Heroin Possession, Sales. A bill moving in the legislature in Baton Rouge would drastically increase prison time for heroin users and dealers, including a mandatory minimum two-year sentence for simple possession. House Bill 332 easily passed out of the House Criminal Justice Committee last week and is attracting bipartisan support, even among lawmakers otherwise skeptical of the "tough-on-crime" policies that have been blamed for Louisiana's nation-leading incarceration rate. The bill would also double the mandatory minimum sentence for heroin distribution from five years to ten.

International

Colombia's FARC Calls for "Humanized" Approach to Drug Policy. Colombia's counterdrug policies must have "a humanized approach in the context of integral agrarian reform" negotiators for the Revolutionary Armed Forces of Colombia (FARC) said in Havana Friday. Forced crop eradication and aerial fumigation are repressive and ineffective, the guerrillas said during ongoing peace talks with the Colombian government. The FARC supports crop substation programs as long as they are "participatory, concerted, gradual, [and] environmentally sustainable."

Uruguay to Track Marijuana from Seed to Stash With Genetic Markers, RTF Tags. Uruguay's drug czar says every legal marijuana plant in Uruguay will be registered and tracked using radio frequency tags, and that state-grown marijuana will be cloned to include genetic markers, making sure that what's grown there stays there. That's a much tougher tracking system than those imposed in Colorado and Washington, which recently legalized marijuana use. Unlike those US states, Uruguay wants authorities to be able to test the pot in any drug user's possession to determine if it came from a registered, legal source.

Jamaican Marijuana Growers Call on Government to Halt Crop Destruction. At a preparatory meeting of the Ganja Future Growers and Producers Association (GFGPA) in Kingston this weekend, some participants called for an immediate end to the destruction of marijuana crops. "Please, Mr. Government, ask you police and the army to stop digging down the world number one brand ganja," Ras Arthur Newland shouted out emphatically. "We believe the persecution and the lock-up for ganja must stop immediately." That's not the official position of the GFGPA, which said it is going to concentrate on winning decriminalization first.

Chronicle AM -- March 28, 2014

Medical marijuana and CBD bills continue moving in state legislatures, Northeastern governors respond to opiates, the Department of Agriculture wants to buy Ukrainian hemp seed, and more. Let's get to it:

Massachusetts Gov. Deval Patrick (D) declares a public health emergency to deal with opiate use. (mass.gov)
Marijuana Policy

Alaska Poll Has Legalization Initiative in Narrow Victory. A new Alaska House Majority Caucus poll suggests that the marijuana legalization initiative there should win at the polls in August, but it will be close. The poll had support for the initiative at 52%, with 44% opposed and only 4% undecided. Click on the poll link for cross-tabs and top lines.

New Jersey Governor Christie Rejects Legalization, Raises "Gateway" Specter. During Gov. Chris Christie's (R) "Ask the Governor" radio program Thursday, Christie rejected legalization in response to a listener's question. "Mike, I love you baby, but it ain't happening, not while I'm governor," Christie said to the caller. "I don't believe that legalizing an illegal drug for purposes of governmental profit is something that we should be doing. I believe that this is a gateway drug into other more serious drugs, I think it sends a wrong message to our kids and I don't think it makes anybody a better or more productive person," he said.

Vermont Lawmakers Want Marijuana Tax Revenue Study. Vermont lawmakers were expected to offer an amendment to a tax bill passed by the House Thursday to include a study on the revenue effects of legalizing marijuana. The proposed amendment would require the Joint Fiscal Office to report back to the House Ways and Means Committee and the Senate Finance Committee on specific revenue projections. The amendment calls on the Joint Fiscal Office to use the Colorado tax model for purposes of the report.

Medical Marijuana

Study Finds Marijuana Medical Access Not Linked to Crime Increases. A new study from University of Texas-Dallas criminologist Robert Morris finds no link between violent crime and the legalization of medical marijuana. "We're cautious about saying, 'Medical marijuana laws definitely reduce homicide.' That's not what we're saying," said Morris. "The main finding is that we found no increase in crime rates resulting from medical marijuana legalization. In fact, we found some evidence of decreasing rates of some types of violent crime, namely homicide and assault."

Colorado Health Department Wants to Restrict Caregiver, Patient Grows. The state Department of Public Health wants to limit the number of patients caregivers can serve and put a cap on the number of plants patients or caregivers can grow. The agency says it will ask legislators to craft new laws, but is still moving forward with its proposed rule change. Some patient activists are viewing this as a power grab by state regulators.

Maryland Senate Passes Medical Marijuana Bill. The state Senate approved a full-blown medical marijuana bill Thursday. Senate Bill 923 now goes to the House, where a similar bill has already been passed.

Mississippi House Approves CBD Medical Marijuana Bill. The House voted 112-6 Thursday to approve a measure that would allow the limited use of CBD cannabis oil as a medical treatment. House Bill 1231 is not quite done in the House yet, though. It was held over on a motion that could allow for more debate.

Florida Senate Committee Approves CBD Medical Marijuana Bill. A bill that would allow doctors to prescribe "non-euphoric" marijuana strains for seizure or cancer patienta passed a Senate committee Thursday. Senate Bill 1030 passed out of the Criminal Justice Committee and is now headed for the Appropriations Committee. A companion bill is also moving in the House.

Hemp

Ag Secretary Says US Seeking to Buy Ukraine Hemp Seed. US Secretary of Agriculture Tom Vilsack said Thursday that the US is looking to buy hemp seed from Ukraine in a bid to bolster the East European country's economy. "We are now involved in trying to figure out ways in which we might be able to use the industrial hemp seeds that are created in the Ukraine in the US," Vilsack told reporters. Ukraine is one of the world's largest hemp seed producers, and Vilsack said its hemp seed doesn't contain any THC, "so it probably does not run afoul of any of our drug laws."

Drug Policy

Maine Governor's Anti-Drug Bill Gets Some Balance, But ACLU Still Opposes It. Maine Gov. Paul LePage's (R) law enforcement-heavy bill to deal with drug problems in the state has been amended to cut the number of new drug agents, prosecutors, and judges and increase funding or drug treatment programs. The changes to Legislative Document 1811 came in the House Criminal Justice and Public Safety Committee and could generate enough Democratic support to pass them, but the ACLU of Maine still says the measure should be defeated.

Massachusetts Governor Declares Public Health Emergency on Opiates, Calls for All First Responders to Have Overdose Reversal Drug. Gov. Deval Patrick declared a public health emergency Thursday to combat the growing abuse of opiates, directing that all the state's police, firefighters, and other emergency personnel be equipped with a drug that can quickly reverse heroin overdoses. Using his emergency powers, Patrick told the Department of Public Health to make Narcan available immediately to all first responders, as well as more accessible to families and friends of drug abusers. Narcan, the brand name for naloxone, halts overdoses almost instantly. Unfortunately, however, the state will also prohibit the sale of Zohydro, an opioid pain reliever approved last year by the FDA.

International

"Women, Drug Policy, and Incarceration in the Americas" Events in DC, NYC Next Week. The Harm Reduction Coalition, the International Drug Policy Consortium, the Washington Office on Latin America, the Permanent Mission of Uruguay to the UN, and the Inter-American Commission of Women will be discussing women, drug policy, and imprisonment at meetings Monday in Washington, DC, and Thursday at the UN in New York City. Click on the links for details and/or to RSVP.

Canada's Alberta Arbitration Board Rejects Random Drug Testing. The Alberta Arbitration Board sided with union workers against Suncor Energy after the union filed a grievance over the company's random drug testing policies. The board ruled that the company failed to demonstrate "a significant problem or legitimate safety risk" to justify random alcohol testing and that its use of urinalysis to do drug testing "failed to identify current impairment." While the tests did find employees who had recently used drugs, "this did not meet the threshold of a legitimate business interest which would justify the significant intrusion into employees' privacy."

Clashes as Bolivians Protest New Anti-Drug Base in Coca-Growing Region. Coca growers blocked roads and hurled stones at police, who responded with volleys of tear gas, as protestors agitated against a new anti-drug military base being constructed near the Chapare, the country's main coca-growing region. Local leaders said people feared an increased law enforcement presence would lead to violence and abuses. The European Union is financing the base at a cost of $1.3 million.

Chronicle AM -- March 27, 2014

No marijuana legalization in New Hampshire this year, neurologists recommend cannabis oil for MS, New Mexico pharmacists will start prescribing naloxone, Russian-US drug cooperation is at risk over the Crimea crisis, and more. Let's get to it:

Coat of arms for the Russian Federal Drug Control Service. It's getting the cold shoulder from the US these days. (kremlin.ru)
Marijuana Policy

California PPIC Poll Has Support for Legalization at 53%. A new Public Policy Institute of California poll has support for marijuana legalization at 53% among registered voters, with 60% of independents and 57% of Democrats in favor. On the other hand, 62% of Republicans were opposed.

New Hampshire House Kills Legalization Bill. A bill to legalize marijuana in New Hampshire died in the House yesterday on a 192-140 vote. The House had passed the bill once in January, but support has eroded since then. The measure was House Bill 492.

Medical Marijuana

California Supreme Court Ruling Upholds Local Cultivation Bans. The state Supreme Court Wednesday denied review of an appellate court decision upholding the rights of local governments to completely ban personal cultivation by medical marijuana patients. The ruling came in a lawsuit sponsored by California NORML, which had asked the high court to "depublish" the decision. "We are deeply disappointed by the court's decision," said CANORML Director and Prop 215 coauthor Dale Gieringer, "They have effectively undermined Prop. 215's stated purpose 'to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes.'"

American Academy of Neurology Recommends Cannabis Oil for Multiple Sclerosis. The American Academy of Neurology is recommending oral cannabis extract to help ease spasticity symptoms and pain in patients with multiple sclerosis, along with other therapies, in new evidence-based complementary and alternative medicine (CAM) recommendations. Click on the link for more details.

Kentucky CBD Medical Marijuana Bill Passes House. The House voted 98-0 Wednesday to approve a bill allowing the use of high CBD cannabis oil to treat seizures in children. Senate Bill 124 has already passed the Senate, but must return there for approval of minor changes made in the House version of the bill.

Heroin

Kentucky Heroin Bill Wins House Committee Vote. A bill that would address heroin use with a combination of increased penalties for trafficking and harm reduction measures for users squeaked through the House Judiciary Committee on a one-vote margin. But Senate Bill 5 faces an uncertain future; civil libertarians oppose some law enforcement provisions, while some elected officials oppose some harm reduction provisions.

Harm Reduction

New Mexico Pharmacists to Start Prescribing Overdose Reversal Drug. New Mexico pharmacists are the first in the nation to be certified to prescribe the overdose reversal drug naloxone (Narcan). The first batch of 60 pharmacists have been trained and certified by the state Health Department. New Mexico law allows pharmacists to prescribe certain drugs.

Law Enforcement

Detroit Drug Sweep Nets Arrests, Not Many Drugs. Yesterday's sweep of poor Detroit neighborhoods, the most recent in a series of mass drug sweeps, yielded 44 felony and 19 misdemeanor arrests, two grams of cocaine, three grams of heroin, 25 pounds of marijuana, 4,000 prescription pills, $14,500 in cash, and about two dozen illegal weapons. Similar raids in November, December, and February have netted similar results.

International

US Drug Official Rejects Invitation from Russian Counterpart. Deputy director of the Office of National Drug Control Policy (ONDCP) Michael Botticelli has rejected an invitation to meet on drug issues in Moscow, citing the ongoing Crimea crisis. "Given the continued violation of the sovereignty and territorial integrity of Ukraine by Russia, we are suspending some bilateral discussions with the Russian Federation, including this one," Rafael Lemaitre, ONDCP communications director, told Itar-Tass news agency. Russian Federal Drug Control Service chief Viktor Ivanov is one of the Russia political figures sanctioned by the US as a result of the Crimea conflict.

International Ibogaine Providers Conference in South Africa in May. The 4th International Ibogaine Provider's Conference will take place between May 7 and 10 in Durban, South Africa. Discussions will cover a broad spectrum of topics, from developments in research, treatment protocol, and legislation. The featured topic of interest for the conference will be the sustainability of tabernanthe iboga, the implications of ibogaine treatment on regional practices in Africa, and ways that international collaborations can help to ease the effects of demand on iboga's availability. Click on the link for more details and registration information.

Chronicle AM -- March 26, 2014

Legalization initiatives get ready to advance in Oregon and Washington, DC, decrim bills move in Illinois and are filed in Pennsylvania, as do medical marijuana bills in Illinois and Maryland, another mass drug sweep in Detroit, and a world ayahuasca conference is set for the fall, and more. Let's get to it:

Marijuana Policy

Survey Finds Marijuana Legalization Popular, Initiatives Will Drive Voters to Polls. A new George Washington University Battleground poll finds that Americans strongly support medical marijuana (73%) and support decriminalization (53%), and that more than two-thirds (68%) said having a marijuana initiative on the ballot would make them "more likely" to vote. The poll did not ask a straight legalization question.

Survey Finds Americans Are Okay with Marijuana Sales, But Not So Much in Their Backyard. A new CNBC All-America Survey finds that 56% of Americans would be okay with a marijuana-selling business in their town or city -- if it were legal in their state -- but that support declines to 48% when asked about a pot-selling business "in or near your neighborhood." Click on the link for more details.

DC Legalization Initiative Ballot Language Approved by Board of Elections. The DC Board of Elections approved ballot language Tuesday for a proposed initiative to legalize marijuana. The board two weeks ago approved the initiative itself. It's not quite signature-gathering time for the DC Cannabis Campaign's initiative; the finalized ballot language will be published in the DC Register on Friday, and then there's a 10-day challenge period during which any DC registered voter can file a lawsuit in DC Superior Court objecting to the board's decision. If there's no legal challenge, the board will meet again to approve language for initiative petitions, which is expected to be nearly identical to the ballot wording. The initiative needs to gather 25,000 valid voter signatures by July 7 to qualify for the ballot.

New Approach Oregon Legalization Initiative Prepares to Start Signature-Gathering. No one has filed a legal challenge to the newest version of New Approach Oregon's legalization initiative. That means they can soon complete the paperwork allowing them to begin gathering the 87,213 signatures needed to qualify for the November ballot. An earlier version had been delayed by a ballot challenge. These aren't the only Oregon legalization initiatives; click here to read our feature story on the Oregon scene from last week.

Illinois Decriminalization Bills Win House Committee Vote. Two bills that would eliminate the possibility of jail time for small-time marijuana possession offenses passed the House Restorative Justice Committee Tuesday. House Bill 5708, is sponsored by Rep. Kelly Cassidy and would remove all criminal penalties and any possible criminal record for possession of up to 30 grams of marijuana. The other bill, House Bill 4299, is sponsored by Rep. Christian L. Mitchell and would also significantly lower penalties for a possession charge of up to 30 grams. While it would prevent arrests and jail time, a criminal offense would remain on a person's record.

Pennsylvania Decriminalization, Expungment Bills Introduced. State Sen. Mike Stack (D-Philadelphia) announced at a news conference today that he had introduced two marijuana reform bills. Senate Bill 1307 will reduce possession of less than an ounce of marijuana to a summary offense for the first two offenses and provide discretion to District Attorneys for third and subsequent offenses, and Senate Bill 1308 will make it easier for former offenders to find a job by making expungement easier. The bills are not yet available on the legislative web site.

Medical Marijuana

Illinois Bill to Add Seizure Disorders, Allow Kids to Use Wins Senate Committee Vote. A bill that would let minors and those suffering from epilepsy to use medical marijuana in Illinois has won the approval of a state Senate committee. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636, the bill now heads to the Senate floor.

Advocates Rally for New York Medical Marijuana Bill. Today, dozens of patients, caregivers and healthcare providers traveled from all corners of New York to call on the Senate to pass the comprehensive medical marijuana proposal known as Compassionate Care Act. The bill has passed the Assembly four times, was included in the Assembly's budget proposal, and has strong bipartisan support in the Senate. But senate leaders have refused to let the bill come up for a vote.

Maryland Medical Marijuana Bill Advances. A measure to reform Maryland's medical marijuana law work was approved by the Senate Judicial Proceedings Committee Tuesday. Senate Bill 923 was amended in committee to remove a cap on the number of growers in the state and include a study on how to best provide medical marijuana to veterans. It has already passed the House and now heads to the Senate floor.

Drug Testing

Minnesota Bill to Repeal Welfare Drug Testing Law Advances. A bill that would repeal a 2012 law requiring counties to drug test welfare recipients if they have a felony drug conviction in the last 10 years passed the Senate Health, Human Services and Housing Committee Monday. Senate File 1738, introduced by Sen. Jeff Hayden (D-Minneapolis) now heads for the Senate Rules Committee.

Mississippi Governor Signs Welfare Drug Testing Bill. Gov. Phil Bryant (R) has signed a welfare drug testing bill. The new law, House Bill 49, requires drug testing for welfare recipients whom state officials suspect are likely to be using drugs. The new law will help people who are "trapped in a dependency lifestyle," the governor said.

Law Enforcement

Detroit Cops Do Another Mass Drug Sweep. Police in Detroit Tuesday swept through troubled East-side and Northwest neighborhoods targeting drug sales. Operation Order March Madness, which also included state and federal law enforcement, hit drug houses and other locations where drugs are sold. It is only the latest mass drug sweep of Detroit neighborhoods in the last few months. The Detroit Police Department said the operation was an example of its "relentless pursuit to rid our streets of its criminal element and drive our city into prosperity."

New Synthetic Drugs

Nebraska Synthetic Drug Bill Advances. A bill that would ban new forms of popular synthetic cannabinoids and stimulants advanced in the legislature Tuesday. Legislative Bill 811, sponsored by Sen. Ken Schilz (R-Ogallala), won first-round approval on a 33-0 vote. It's part of Attorney General Jon Bruning's annual legislative package.

International

World Ayahuasca Conference Set for Ibiza in September. The 2014 World Ayahuasca Conference is set for Ibiza on September 25-27. Organized by the Fundación ICEERS (International Center for Ethnobotanical Education, Research and Service Foundation), the conference will bring together distinguished scientists, jurists, professionals, environmentalists, and other experts in the field of ayahuasca. It will take place in Spanish and English, with simultaneous translation. Click on the link for more details.

Ayahuasca Dialogues Needs Field Researchers in South America. The Ethnobotanical Stewardship Council's Ayahuasca Dialogues program is seeking field researchers to interview ayahuasca stakeholders in in Brazil, Colombia, Ecuador and Peru. They pay, too. Click on the title link for more information.

Drug War Issues

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