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Chronicle AM: CO Defends Pot Law, Drug Testing News, Feds Target Reddit Users, More (3/30/15)

Colorado defends marijuana legalization at the Supreme Court, a DC seed sharing event goes big on its second day, pediatricians reject drug testing in schools, two courts set limits on worker drug testing, the feds go after Reddit users over dark web drug sales, and more.

Drug testing took a couple of shots in the courts, and pediatricians say it shouldn't be used in schools. (wikimedia.org)
Marijuana Policy

Alaska House Marijuana Regulation Bill Moves. The House Judiciary Committee has approved a new version of House Bill 79, which defines a municipality's role in regulating pot businesses, sets a maximum household limit of 24 plants, and includes pot clubs in the list of regulated marijuana businesses. The bill also bans public consumption of marijuana.

New Legalization Ballot Campaign Launched in Arizona. Dr. Gina Berman, chair of the Marijuana Policy Project's Arizona legalization initiative campaign, has formed a second ballot committee, Responsible Arizona. It's unclear exactly why, although it could be an effort to blunt opposition to marijuana law reforms from a recently-formed group called Arizonans for Responsible Drug Policy. Responsible Arizona has not yet released a draft initiative.

Kansas Bill to Lessen Pot Penalties Will Get Floor Vote. A bill that would lessen penalties for first- and second-time pot law violators will get a floor vote this session, House Speaker Rep. Ray Merrick (R-Stilwell) has confirmed. The measure, sponsored by Rep. John Rubin (R-Shawnee), would make second-time possession a misdemeanor with no jail time, as opposed to the up-to-42 months the charge now carries.  

DC Seed Sharing Event Draws Thousands on Day Two. People lined up for blocks around the DC Cannabis Campaign headquarters in Adams Morgan Saturday to get marijuana seeds. The second day of the "seed sharing" event was even more successful than the first.

Colorado Defends Marijuana Legalization at the Supreme Court. State Attorney General Cynthia Coffman last Friday urged the high court to reject a lawsuit filed by Oklahoma and Nebraska seeking to invalidate the state's legalization of marijuana. She told the justices the two states were trying to "selectively invalidate state laws with which they disagree." She also pointed out that overturning the state's regulation and taxation of marijuana would lead to a situation where marijuana remains legal, but unregulated.

Medical Marijuana

House CARERS Act Picks Up Cosponsors. The House version of the federal bill to allow states to move forward on medical marijuana without federal interference is accumulating cosponsors. Rep. Steve Cohen (D-TN) introduced it a week ago today, and it now has seven more cosponsors. Click on the link to see who they are.

Georgia Governor Signs Executive Order to Expedite CBD Cannabis Oil Law. Gov. Nathan Deal (R) last Friday signed the order to speed up the enactment of House Bill 1, which has passed both houses of the legislature. The bill provides immunity from prosecution for CBD patients who register with the state. Deal said he would sign the bill at the end of the legislative session.

Idaho Governor's Office Pushes Back Against CBD Cannabis Oil Bill.Gov. "Butch" Otter (R) sent his drug policy point-man to the capitol today to speak out against Senate Bill 1146aa, which would provide an affirmative defense for parents of children using low-THC, high-CBD cannabis oil to treat severe seizures. Elisha Figueroa, head of the Idaho Office of Drug Policy, warned that "Idaho will be violating federal law if this bill passes." Fourteen other Republican-controlled legislatures have passed similar laws, but they're all violating federal law, too, he said. Figueroa is pushing for a different bill, Senate Bill 1156, which would set up a special program to run trials on a GW Pharma CBD product called Epidiolex.

Drug Testing

Pediatricians Reject School Drug Testing. The American Academy of Pediatricians has recommended against schools using suspicionless drug testing. There is little evidence that drug testing deters drug use or helps get users into drug treatment, the group said in an updated policy statement published in the journal Pediatrics.

Anonymous Tip Not Enough to Create "Reasonable Suspicion" for Employee Drug Test, Federal Court Rules. An unidentified source telling a reporter about on the job drug use and the reporter then relaying the assertion to the employer is not enough to create individualized reasonable suspicion" to require a public employee to submit to a drug test, the US District Court for the Eastern District of Michigan ruled this month. The ruling came in the case of a Detroit construction inspector who was fired after refusing a drug test after a reporter called public works to say an anonymous informant had told him workers were smoking pot. The inspector has been reinstated.

Presence of Marijuana Metabolites in Drug Test Doesn't Workman's Comp Benefits, Ohio Court Rules. A worker who had marijuana metabolites in his system is not barred from collecting workman's compensation benefits unless drug use was the proximate cause of his work-related injury, the Ohio Court of Appeals has ruled. In the case in question, the employer showed no evidence the worker was under the influence of marijuana when he was injured, only that he had used it sometime in the recent past.

Law Enforcement

Feds Target Reddit Users in Bid to Crack Dark Web Drug Sales. The Department of Homeland Security's Immigration and Customs Enforcement (ICE) division has subpoenaed Reddit demanding that it turn over personal data about five users of its dark web drug markets forum. The feds are seeking names, IP addresses, data on site visits, and other information, such as phone numbers and credit card data, that Reddit doesn't possess. The popular web discussion site doesn't even require an email address to register. The subpoenas appear to be an expansion of investigations into the Evolution dark web drug sales site.

Sentencing Reform

DC Sentencing Reform Summit Drew Hundreds. More than 600 lawmakers, advocates, and criminal justice leaders gathered in the nation's capital last Thursday to unite for sentencing reform. Among those attending were Attorney General Holder, Sen. Cory Booker (D-NJ), The Wire creator David Simon, and many more. Click on the link for more details and press coverage. 

International

Vietnam Moving to End Death Penalty for Some Drug Offenses. The Ministry of Justice last week proposed abolishing the death penalty for a number of crimes, including heroin smuggling. It said it would keep the death penalty for heroin dealing, but not for smuggling and possession. Those acts will only carry a penalty of up to life in prison. 

Chronicle AM: Second Maine Initiative, Federal Hair Drug Tests for Truckers Bill, More (3/24/15)

And now there are two Maine legalization initiatives, there is no decrim in New Mexico this year, Denver moves to restrict collective grows, truck drivers could face hair drug tests, the DEA's marijuana eradication program is lagging, and more.

The DEA is chopping down millions fewer pot plants these days. (DEA)
Marijuana

Alaska Marijuana Bill Moves. A bill to adjust the state's criminal codes to allow for legal marijuana passed the Senate Finance Committee Monday and now heads for the Senate Rules Committee before going for a floor vote. The bill, Senate Bill 30, creates crimes for possession of amounts greater than allowed for under state law, bans the delivery of marijuana for sale or barter, and bans marijuana commerce in the state's unorganized boroughs (although villages could opt back in). The bill no longer contains a controversial section banning marijuana concentrates after 2017.

Second Maine Legalization Initiative Campaign Gets Underway. The Marijuana Policy Project (MPP) today unveiled its plan to legalize marijuana in the state next year. The MPP initiative would allow people 21 and over to possess up to an ounce and grow up to six plants, allow for retail sales with a 10% tax in addition to sales taxes, and limit the number of retail outlets until 2019. Another group, Legalize Maine, unveiled its initiative proposal last month. In the meantime, the legislature is considering a legalization bill from Sen. Diane Russell (D-Portland).

New Mexico Decriminalization Bill Dies as Session Ends. A bill to decriminalize the possession of small amounts of marijuana is dead after the session came to an end without the House taking it up. Senate Bill 383 had passed the Senate, but was languishing in the House Judiciary Committee when the session ended last Saturday.

Denver City Council Votes to Restrict Collective Gardens. The council voted Monday night to limit the number of marijuana plants that collectives can grow to 36. There are at least 60 collectives in the city, with some having thousands of plants. Marijuana attorney and advocate Rob Corry said that the ordinance violates Amendment 64 and that he'll sue to get it annulled.

Medical Marijuana

House Version of Federal Medical Marijuana Bill Filed. Reps. Steve Cohen (D-TN) and Don Young (D-AK) Monday introduced the House version of the CARERS Act filed two weeks ago in the Senate. Both bills would allow states to have medical marijuana without federal interference, reschedule marijuana to Schedule II, allow VA doctors to recommend medical marijuana, allow interstate commerce in CBD cannabis oils, and ease banking problems for the industry. The House version is HR 1538.

New Synthetic Drugs

Texas Senate Approves Bills Banning New Synthetics. The Senate passed one bill to make new synthetics controlled substances, one bill increasing the penalty for possession of the drugs, and one bill that would subject retailers who sell them to a fine of $25,000 a day. The bills are Senate Bill 172, Senate Bill 173, and Senate Bill 461. All three now go to the House, where they are expected to pass.

Drug Testing

Federal Bill Would Allow Hair Drug Testing of Truck Drivers. A bill filed last week by Rep. Eric Crawford (R-AR) would allow motor carriers to submit hair samples for their drivers' drug tests instead of urine samples. Hair testing can reveal drug use months earlier, while urine testing only catches recent drug use. The bill, HR 1467, is supported by several industry organizations.

Law Enforcement

DEA Marijuana Eradication Slowing Down. The DEA is uprooting and destroying far fewer pot plants than it did just a few years ago. According to DEA records, the agency destroyed 4.3 million pot plants last year and 4.4 million the year before. That's less than half of the 10.4 million eradicated in 2009. The slowdown is being blamed on states reducing their enforcement efforts because of the recession and states prioritizing other, more serious, drug threats.

International

Canada Parliament Passes Bill Aimed at Blocking Safe Injection Sites. Parliament has passed Bill C-2, the "Respect Communities Act," which supporters said would give communities a chance to have input on whether to allow safe injection sites. But opponents of the bill say it will only increase the number of hurdles such life-saving programs must surmount before they can operate. The Conservative government has been a staunch opponent of safe injection sites.

Chronicle AM: INCB Scolds US, Uruguay on Pot; DC & NYC Top Cops on Marijuana, Iran Executions, More (3/3/15)

The top cops in DC and New York City offer wildly contrasting remarks on marijuana, Iran hangs drug offenders, while Indonesia prepares the firing squad for them, a Florida man gets acquitted of a marijuana cultivation charge in Florida by convincing a jury it was medical, and more.

Iranian drug executions (handsoffcain.info)
Marijuana Policy

Delaware Governor Says Legalization Won't Happen on His Watch. "We've got a lot more to learn" before legalizing marijuana, Gov. Jack Markell (D) said in an interview. "I'm certainly willing to look at the decriminalization aspect. I am not in support of doing what they've done in Colorado or Washington state or a few other places, doing full legalization," Markell added. "It's not gonna happen while I'm governor. It may be the right thing. But I don't think we know. I think we need to take a few years and see what the impact has been in some of these other states." The legislature will take up a decriminalization bill this month.

DC City Council Approves Emergency Action to Ban Cannabis Clubs. The council voted unanimously today to ban cannabis clubs, as well as smoking it in bars, clubs, and virtually anywhere else outside a private residence. Mayor Muriel Bowser said the legislation was needed to close a loophole that could allow cannabis clubs, but legalization proponents criticized the move, saying it was unneeded and overly broad. They also warned that passage could render void an agreement they had with Bowser to try to tamp down public displays of pot smoking that could provoke congressional hardliners.

DC Police Chief Says All Marijuana Arrests Do Is "Make People Hate Us." DC Police Chief Kathy Lanier has said that alcohol is a bigger problem than pot and that arresting people for marijuana doesn't accomplish anything. "Marijuana smokers are not going to attack and kill a cop," Lanier said while speaking at the American News Women's Club. "They just want to get a bag of chips and relax. Alcohol is a much bigger problem. All those marijuana arrests do is make people hate us."

NYPD Commissioner Blames Marijuana for Jump in Murders. The NYPD blames marijuana for a 20% increase in homicides in the city. "The seemingly innocent drug that's being legalized around the country -- in this city, people are killing each other over marijuana," said Commissioner Bill Bratton. Reform advocates were quick to point out that the killings were a function of prohibition, not anything intrinsic to marijuana.

Maine Bill Seeks to Block Local Legalization Initiatives. Rep. James Campbell (I-Newfield) has filed a bill that says municipal marijuana legalization petitions "may not be approved for inclusion on the ballot or considered at any town meeting." The measure, LD 67, is currently before the Senate Committee on State and Local Government. Legalization proponents have successfully used local initiatives to win votes in some of the state's largest cities.

Texas Marijuana Legalization Bill Filed. Rep. David Simpson (R-Longview) yesterday introduced House Bill 2165, which would legalize marijuana by removing all mention of the drug from state statutes. "Let's allow the plant to be utilized for good -- helping people with seizures, treating warriors with PTSD, producing fiber and other products -- or simply for beauty and enjoyment," Simpson said.

Washington Senate Passes Bill to Ban Marijuana Vending Machines. The Senate voted 47-0 yesterday to approve a bill banning pot sales in vending machines or drive-through windows. The measure is Senate Bill 5903. It now moves to the House.

Medical Marijuana

In Historic Verdict, Jury Acquits Florida Patient on Marijuana Charge. A Broward County jury effectively nullified the state's marijuana laws Monday by acquitting a defendant who testified that he grew and used pot for medicinal purposes. Jesse Teplicki testified at his trial that he smoked marijuana to treat the nausea and suppressed appetite that had been plaguing him for years. The jury deliberated for less than an hour before returning with a verdict of "not guilty." Teplicki, 50, was looking at up to five years in state prison if convicted.

Utah Medical Marijuana Bill Held Up. Sen. Mark Madsen (R-Saratoga Springs) tried to persuade his colleagues to hold a quick vote on Senate Bill 259 after a brief debate yesterday, but that didn't happen. The bill is now on hold with 10 days left in the session.

Asset Forfeiture

Wyoming Legislative Interim Committee Could Take Up Asset Forfeiture Reform. After the state Senate failed to override a veto of a civil asset forfeiture reform measure by Gov. Matt Mead (R), the Joint Judiciary Committee met yesterday to come up with a list of topics it wants to consider before the next session. Asset forfeiture reform is one of them, but the final decision will be made by a Management Committee consisting of legislative leaders from both parties.

Rehabilitation and Reentry

New Mexico Bill Restricting Use of Criminal Record Queries for Job Applicants Passes Senate. The Criminal Offender Employment Eligibility Act (Senate Bill 583) passed the Senate yesterday and heads to the House. The "ban the box" bill bars private employers from asking on an application form if someone has a criminal conviction, or from considering a conviction before the final round of an employment decision. Six other states have similar law. New Mexico already has a similar law that applies to public employees.

International

INCB Annual Report Scolds US, Uruguay Over Marijuana Legalization. The UN's drug watchdog body, the International Narcotics Control Board, has wagged a finger at Uruguay, which became the first country to legalize marijuana, and at the US, where two states were singled out for criticism for having legalized it. The scolding came in the INCB's annual report, released today.

Leading Paraguayan Senator Calls for Marijuana Reforms. Senator Blas Llano, chair of the National Congress, has called for an end to pot prohibition in a bid to "put an end to the drug traffickers' business." Paraguay is the leading marijuana producers in South America and second only to Mexico in Latin America.

Iran Hangs Eight for Drug Offenses in Past Week. At least people have been executed for drug crimes by Iranian authorities in the past week, according to the death penalty watch group Hands Off Cain. Iran executed hundreds of drug offenders last year and dozens so far this year. It is the world's leading drug executioner.

Indonesia Prepares to Execute 10 For Drug Offenses. Nine foreigners and one Indonesian citizen are set to be executed by Indonesian authorities later this week. Preparations at the execution site have been completed, and the prisoners are set to be transferred there tomorrow. The killings of foreigners have led to diplomatic disputes with some of their home countries, but that has not deterred Indonesian President Joko Widodo, who has consistently supported the death penalty for drug smuggling.

Chronicle AM: DC AG Says Congress Didn't Block Legalization, WI Gov Wants Unemployment Drug Tests, More (12/31/14)

Legal pot is on schedule in Alaska, home hash oil making is not okay in Colorado, DC's new AG says Congress didn't really block legalization in the District, a Hawaii task force recommends dispensaries, and more. Let's get to it:

ISIS imposes rough justice on a drug user in Raqqa, Syria. (twitter.com)
Marijuana Policy

Alaska Says Marijuana Regulations Coming on Schedule. Gov. Bill Walker said Tuesday that the state's marijuana regulations will be issued on time. "We have strong, cooperative leadership heading up implementation of this very important act," Governor Walker said. "They assured me that we can meet the statutory and regulatory timelines outlined in the initiative that voters passed in November. I'm confident that we will be diligent in our efforts to make sure we have adequate regulations for this new industry in place and on time." The initiative goes into effect on February 24, 2015. The board has until November 24, 2015 to adopt regulations and anticipates accepting applications for marijuana licenses by February 24, 2016. The board expects the initial industry licenses to be awarded by late May 2016.

Colorado AG Says Home Hash Oil Extraction is Illegal Attorney General John Suthers said Tuesday that the state's marijuana legalization law does not allow for the making of hash oil in the home. He said the law "expressly prohibits" such conduct because of the threat it poses to the public. "To decriminalize dangerous and unreasonable behavior in which people are getting hurt and houses are blowing up, defies the intent of the voters," Suthers said in a statement. "Colorado is experiencing a real public safety issue as a result of unsafe and unlicensed manufacturing and production," he added. The state has seen dozens of explosions at homes this year as amateurs attempt to make hash oil using flammable butane.

DC's New AG Says Congressional Action Didn't Block DC Legalization. Incoming District of Columbia Attorney General Karl Racine says the congressional rider seeking to block legalization in the District won't do that. "We think Initiative 71 was basically self-enacted, just as the congresswoman does," Racine told The Washington Post, referring to Eleanor Holmes Norton, the District's nonvoting congressional delegate. "We think there's good support for that position, and we're going to support that position."

Mississippi Legalization Initiative Approved for Signature Gathering. An initiative sponsored by Legalize Marijuana in Mississippi has been approved by the secretary of state's office, and that means the group will shortly begin signature gathering to qualify for the 2016 ballot. They have until October 2 to come up with 106,165 valid voter signatures. They must get at least 21,233 signatures in each of the state's five electoral districts.

Medical Marijuana

Hawaii Medical Marijuana Task Force Recommends Dispensaries. The state's Medical Marijuana Dispensary Task Force has recommended that dispensaries be allowed to make it easier for seriously ill patients to obtain their medicine. The task force is recommending at least one dispensary in each of the four major counties with licensing to begin in January 2017. The state legislative session convenes next month, and lawmakers, including the governor, will have to decide whether to follow through with any, or all, of the recommendations.

Medical Marijuana Bills Proposed in Kentucky. There will be at least two such bills in the Bluegrass State in 2015. State Sen. Perry Clark (D-Louisville) has already filed Senate Bill 43, and House Speaker Greg Stumbo (D-Prestonburg) has said he plans to introduce another. Stumbo's bill allows for dispensaries; Clark's bill does not.

Drug Testing

Wisconsin Governor Wants to Expand Welfare Drug Testing to Include Unemployment. Gov. Scott Walker (R) successfully pushed to get a welfare drug testing law passed during his first term. Now, he wants to expand drug testing to include people seeking unemployment benefits. "It's not about trying to penalize people; it's really trying to say if you want to get ready to work these are the two basic things: employability skills and drug free," he explained.

International

ISIS Publicly Whips Drug Users, Burns Marijuana. The Islamic State in Iraq and Syria (ISIS) has released photos of its members publicly whipping drug users and burning marijuana and cigarettes in the Syrian city of Raqqa. Captions released with the photos said the men were accused of using illegal drugs and were punished in accordance with Sharia law.

Chronicle AM: Latest AK & OR Polls, AZ & MI MedMJ Rulings; Ireland Naloxone, More (10/27/14)

It's nail-biting time for the Alaska and Oregon legalization initiatives, appeals courts in Arizona and Michigan rule on medical marijuana cases, Chuck Schumer (again) wants more money to fight drugs, the acting drug czar opens the harm reduction conference (!), naloxone is coming to Ireland, and more. Let's get to it:

Ireland has approved a pilot program making the opiate overdose reversal drug available. (harmreduction.org)
Marijuana Policy

Latest Poll Has Oregon Measure 91 Under 50%, But With Four Point Lead. The latest SurveyUSA Oregon poll has the Measure 91 legalization initiative leading 44% to 40%, with 16% undecided. All recent polls have shown the measure leading, but as election day draws near, the gap is tightening and support is hovering under 50%. That means it's going to come down to two things: turn-out and how the undecideds break.

Latest Poll Has Alaska Measure 2 Under 50%, But With Four Point Lead. A new Hellenthal and Associates poll has the Measure 2 legalization initiative leading 46.5% to 42.2%, with 11.3% undecided. Those supporting Measure 2 included 29.7% who "strongly favor" and 16.8% who "somewhat favor." Among foes, 35.0% "strongly oppose" and 7.2% "somewhat oppose." Like Oregon, it looks like this one is going down to the wire, and turnout and undecideds will make the difference. Click on the title link for full poll results.

Medical Marijuana

Arizona Appeals Court Holds Medical Marijuana Users Can Be Charged With DUI Even if Not Impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

Michigan Court of Appeals Holds Medical Marijuana Users Can Get Unemployment Compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania State Senator Urges DAs to Not Prosecute Medical Marijuana Cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, has called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Harm Reduction

Acting Drug Czar Opens National Harm Reduction Conference. It wasn't so long ago that top US government officials wouldn't even say the words "harm reduction," but things have changed. Acting director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Michael Botticelli opened the 10th Annual National Harm Reduction Conference, which took place in Baltimore over the weekend. "It really is no coincidence that I'm here,"Botticelli said. "I hope that my presence here reflects the Obama administration's commitment to continuing drug policy reform." Botticelli announced no great initiatives, but he did say that he wanted to ensure that "federal policy reflects the needs of people on the ground," and also expressed the hope that his working relationship with the Harm Reduction Coalition will "continue to grow."

Heroin

Kentucky Republican Lawmakers Vow to Push Legislation Targeting Heroin Dealers. Two GOP legislators have pre-filed the Kentucky Heroin Impact Act (BR 164), which would increase criminal penalties for heroin trafficking. "Unless we take action now, our streets will be lined with dead bodies," said bill cosponsor Rep. Joe Fischer (R-Fort Thomas). The bill also calls for increased public education and more funding for drug treatment. Similar legislation died this year in the legislature.

Law Enforcement

Schumer Wants More Federal Dollars to Fight Online Drug Sales. New York US Sen. Charles Schumer (D) wants the Justice Department to turn up the heat on illicit online drug sales, he said today. He said in a statement he would fight to get more money for the department to fight "drug-related cybercrime." "These websites, by allowing users to rate the delivery services of sellers and by offering any drugs imaginable under the sun, are nothing less than an all-you-can order buffet of contraband that need to be investigated and targeted with more intensity,"he added.

Sentencing

Bail Reform Question is on New Jersey Ballot. New Jersey residents will be voting on a measure that could usher in comprehensive bail reform in the Garden State. Public Question No. 1 asks voters to change the state constitution to give judges the ability to deny bail to dangerous suspects, but it also would enact groundbreaking legislation to comprehensively reform the state's broken bail system. That legislation only goes into effect if the question passes. A recent found that on any given day, nearly 75% of the 15,000 individuals in New Jersey jails are awaiting trial rather than serving a sentence. The average length of pretrial incarceration for these individuals is more than ten months. Nearly 40 percent of the total jail population has the option to post bail but lacks the financial resources to do so and more than 10 percent of individuals could secure their release pending trial with $2,500 or less.

International

Irish Heroin Users to Get Overdose Reversal Drug Naloxone. Beginning early next year, some 600 Irish heroin and methadone users and their families will be supplied with naloxone (Narcan), the overdose reversal drug. It's a pilot program from the Health Service Executive, and follows the success of a similar project in Wales. Ireland has suffered around 200 opiate overdose deaths a year in recent years.

Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)

James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:

Leading academic marijuana policy expert Mark Kleiman grumbles, but says "yes" on Oregon Measure 91 (ucla.edu)
Asset Forfeiture

Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.

Marijuana Policy

Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.

Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.

Medical Marijuana

Four San Diego Dispensaries Shut Down By Court Order. San Diego authorities won court orders earlier this week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

DEA Raids Two Los Angeles Dispensaries. DEA agents Thursday raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

Drug Testing

Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.

International

Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.

Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.

Chronicle AM: CA Decrim Report, Afroman's Back, Pill ODs Drop, Colombia Synthetic Drug Trade, More (10/15/14)

A report on decriminalization in California has good news, state-level marijuana legalization could be an impetus for the US to modify international drug treaties, pain pill deaths are down (but heroin deaths are up), New Zealand has a different take on employee drug testing, and more. Let's get to it:

Afroman's got a whole new positive take on "Because I Got High."
Marijuana Policy

Report: California Decriminalized, and Nothing Bad Happened. A new report from the Center on Juvenile and Criminal Justice examines California's experience with marijuana since decriminalization went into effect at the beginning of 2011. It finds that "marijuana decriminalization in California has not resulted in harmful consequences for teenagers, such as increased crime, drug overdose, driving under the influence, or school dropout. In fact, California teenagers showed improvements in all risk areas after reform." There's lots of good number-crunching and analysis. Click on the second link to read the whole thing.

Afroman Revised: Good Things Happened "Because I Got High." California rapper Afroman burned up the charts in 2001 with his catchy lamentation about the perils of being a stoned-out couch potato, but now, thanks to NORML and Weedmaps, he's back with a new version of "Because I Got High," and he's singing a different tune. He eased his glaucoma thanks to the "cannabis aroma" and he can deal with anxiety attacks without Xanax, he sings. The song's new lyrics praise the benefits of marijuana in a number of ways, all supported by scientific evidence, says NORML, which has been working with Afroman for several years. Click on the title link to view the video.

Medical Marijuana

Massachusetts Patients Protest Over Medical Marijuana Implementation. Several dozen patients and advocates rallied outside the Department of Public Health in Boston Tuesday to call on the department and the governor to get the state's medical marijuana program moving. Voters legalized medical marijuana nearly two years ago, but: "We have zero cannabis plants in the ground to serve the patients," said Mickey Martin, a medical marijuana activist. "It's unacceptable to make patients wait." The protestors are calling for the state to immediately open up the program, get dispensaries up and running, and ease restrictions on "hardship cultivation" so more patients can grow their own.

Drug Policy

Brookings Report Sees Marijuana Legalization as Chance to Update International Drug Treaties. A report from the Brookings Center for Effective Public Management, "Marijuana Legalization is an Opportunity to Modernize International Drug Treaties," says that the Obama administration's tolerance of legal marijuana in the states creates tension with international drug control treaties and that, as state-level legalization spreads, the US should consider "narrowly crafted treaty changes" to "create space within international law for conditional legalization." The US could, for now, argue that even allowing state-level legalization is compliant with the treaties, but that argument will not hold water if legalization spreads, the authors say. Click on the report link to read the whole thing.

Opiates

Prescription Pain Reliever Deaths Drop for First Time in Years, But Heroin Deaths Up. For the first time since 1999, deaths from prescription opiates declined in 2012. The number of prescription opiate ODs quadrupled to nearly 17,000 by 2011, before dropping to 16,007 in 2012, a decline of 5%, according to data from the Centers for Disease Control and Prevention. Federal officials are crediting crackdowns on "over-prescribing" and the expansion of prescription drug monitoring programs. The decline in prescription opiate ODs follows a tapering off of the rate of increase that began in 2006. Before that, ODs had increased at a rate of 18% a year beginning in 1999; after that, the rate of increase declined to 3% through 2011. But with the crackdowns has come an apparent shift to heroin among some prescription opiates, and with that is a rising heroin OD death toll. Heroin ODs jumped 35% from 2011 to 2012, reaching 5.927 that year.

Prescription Drugs

Pennsylvania Prescription Drug Monitoring Bill Goes to Governor's Desk. A bill that would establish a prescription drug monitoring database has passed the House. Senate Bill 1180 already passed the Senate in May, and after a pro forma housekeeping vote there, goes to the desk of Gov. Tom Corbett (R), who has said he will sign it. The legislation would track all prescriptions for Schedule II through Schedule V drugs, which is a bit too far for the ACLU of Pennsylvania. The rights groups said it had privacy concerns, and that low abuse potential Schedule V drugs should not be tracked.

Law Enforcement

"Baby Bou Bou" SWAT Raid Protestors March to Atlanta Federal Courthouse. Supporters of Bounkham "Baby Bou Bou" Phonesevahn, the Georgia toddler severely burned by a flash bang grenade during a botched SWAT drug raid, marched to the federal courthouse in Atlanta Tuesday to press for federal action in the case. A local grand jury refused to indict any of the officers involved. The group, included a lawyer for the family, met with US Attorney Sally Quillian Yates to discuss possible federal charges. Yates' office said it is considering the case.

International

New Zealand Arbitrator Throws Out Positive Marijuana Test Firing. The Employment Relations Authority has overturned the firing of a man forced to take a drug test after an anonymous caller told his employer he had been smoking pot in a parking garage. The Authority held that the company was not entitled to force the man to take a drug test. The company was ordered to pay $14,000 in damages and lost wages.

Colombia Massacre Opens Window on Black Market Synthetic Drug Trade. Eight reported drug traffickers involved in trying to dominate the trade in synthetic stimulants were gunned down outside Cali recently, and TeleSur TVhas a lengthy and interesting report on what it reveals about the fragmented nature of the drug trade there and the role of the new synthetics in it. The new drugs, such as 2CB, known colloquially as "pink cocaine," are popular with elite youth, and are now apparently being produced in-country. The lucrative trade is leading to turf wars, with the Cali killings being the most evident example.

Chronicle AM: AR Initiative Rejected, SWAT Lobby Gears Up, Israel Bans New Synthetics, More (8/22/14)

It's back to the drawing board for an Arkansas legalization initiative, we have a pair of Minnesota court cases, the Michael Brown killing starts bleeding into drug-policy related areas, Israel bans new synthetics, and more. Let's get to it:

history repeats itself (image is of and infamous 1914 NYT editorial)
Marijuana Policy

Arkansas Attorney General Rejects Wording for Legalization Initiative. Attorney General Dustin McDaniel has rejected the proposed wording for a prospective 2016 legalization initiative, the Cultivate Hemp and Regulate Marijuana Amendment. The name and ballot title are ambiguous and have "misleading tendencies," McDaniel wrote. Read the opinion here.

Fewer Than One in Five New Yorkers Oppose Marijuana Reform. According to a new Quinnipiac Poll, only 19% of New Yorkers oppose legalizing marijuana for personal or medical use, while 44% say it should be available for medical purposes and another 35% say it should be legal for personal use.

Asset Forfeiture

Minnesota Supreme Court Rules Evidence from Illegal Search Can't Be Used in Asset Forfeiture Proceedings. The state high court ruled Wednesday that evidence derived from a traffic stop that was determined to be unlawful cannot be used to seize someone's property. The court held that Fourth Amendment proscriptions against unlawful search and seizure apply to civil cases as well. The case is Daniel Garcia-Mendoza v. 2003 Chevy Tahoe.

Drug Testing

Minnesota Drug Testing Law's Worker Protections Don't Extend Outside State, Federal Court Rules. The state's Drug and Alcohol Testing in the Workplace ACT (DATWA) doesn't apply to state residents working or applying to work outside the state, a federal court has ruled. DATWA provides employees with the right to challenge positive drug test results and to try to seek treatment before being fired, but in Olson v. Push, Inc, the court ruled that those protections did not apply to drug tests taken for employment outside Minnesota.

Law Enforcement

SWAT Lobby Gears Up to Keep Access to Surplus Military Equipment. In the wake of unrest in Ferguson, Missouri, after the police killing of Michael Brown, the practice of equipping local law enforcement with surplus military equipment has come under significant criticism. Now the "SWAT lobby," in the form of the National Tactical Officers Association, is moving to ensure that access to military hardware remains unimpeded. It sent a mass email to all congressional offices lamenting the situation in Ferguson, but the bottom line was that police need that surplus military equipment.

Race

The Return of the Drug Crazed Negro. Reason magazine's Jacob Sullum has penned a piece noting the revival of a century-old racist trope -- that of the drug-crazed black man -- in the wake of the police shooting of 18-year-old black man Michael Brown in Ferguson, Missouri. Sullum notes that conservative commentators have been quick to speculate that he was hopped up on PCP or some other drug that made him crazy enough to attack a cop. Autopsy results say he had smoked marijuana.

International

Young Europeans Split on Marijuana Legalization. The European Union's polling arm Eurobarometer has found Europeans 15 to 24 divided on legalization. According to its poll of 13,000 respondents, 45% favored marijuana legalization, with 53% opposed. European youth was much more unified when it came to other drugs -- more than 90% said drugs like cocaine, ecstasy, and heroin should be illegal.

Israel Bans 10 New Synthetic Drugs. Health officials in Israel have banned 10 new synthetic drugs, or "kiosk drugs," as they are known there. They include synthetic cannabinoids, stimulants, and hallucinogens.

Chronicle AM -- August 6, 2014

DC will vote on legalizing marijuana possession and cultivation, two more Michigan towns vote to decriminalize, Maine's governor unveils a plan to force people with drug felonies to undergo drug tests before getting welfare benefits, an Austrian marijuana legalization initiative gets underway, and more. Let's get to it:

Marijuana Policy

DC Marijuana Initiative Makes November Ballot. The DC Board of Elections today officially certified for the November ballot an initiative that will legalize the cultivation and possession of small amounts of marijuana. DC now joins Alaska and Oregon in voting on marijuana legalization. The campaign needed some 23,000 valid voter signatures to qualify for the ballot. It had turned in more than twice that number of raw signatures.

Advocates Launch Vermont Coalition to Regulate Marijuana. The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana in a bid to influence the legalization debate there. The state legislature has authorized a study of the issue, but the coalition has been formed "to make sure we get the entire state talking about the potential benefits of marijuana regulation." [Editor's Note: The web site in the title link doesn't appear to be live yet, but should be soon.]

Two Detroit Suburbs Vote to Decriminalize Pot Possession. Residents of the Detroit suburbs of Hazel Park and Oak Park voted Tuesday to approve municipal charter amendments decriminalizing the possession of up to an ounce of marijuana. Nine other Michigan cities, including Detroit, have done the same since 2010. Another dozen or so will likely vote on similar initiatives this fall.

Medical Marijuana

New Mexico Veteran Sues Employer for Wrongful Firing. A veteran and licensed physician's assistant who is enrolled in the state's medical marijuana program is suing Presbyterian Health Care Services after being fired for testing positive for marijuana. When she provided them with her state-issued medical marijuana card, they informed her that they did not recognize it and that her termination would stand. The lawsuit has just been filed in state court for violation of the New Mexico Human Rights Act (NM Statute § 28-1-7).

Drug Testing

Maine Governor Announces Plan to Drug Test Convicted Drug Felons Who Apply for Welfare. Gov. Paul LePage (R) announced today that the state will start forcing people with drug felonies to undergo and pass drug tests before they can apply for or receive welfare benefits. The move is authorized under a 2011 law that had never been implemented. LePage and legislative allies had tried to pass a bill mandating drug testing for all welfare recipients, but failed. LePage is making welfare his signature issue as he runs for re-election. Both of LePage's opponents in the governor's race, Democrat Mike Michaud and independent Eliot Cutler, also said they support testing for drug felons.

International

Austrian Marijuana Legalization Initiative Campaign Gets Underway. The group Legalize! Austria today filed a parliamentary citizen's initiative to remove marijuana from the scope of the Austrian Narcotics Act, which would effectively legalize it. The measure calls for marijuana to be sold, taxed, and regulated through licensed distributors, with an exception for personal cultivation.

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

Chronicle AM -- June 5, 2014

An Arkansas marijuana legalization initiative can start signature-gathering, DC's medical marijuana program now includes more eligible conditions, Tennessee's governor unveils his prescription drug plan, Canada's mandatory minimum sentencing law is being challenged, and more. Let's get to it:

DNC Chair Rep. Debbie Wasserman Schultz gets scolded by the medical marijuana movement.
Marijuana Policy

Arkansas Legalization Initiative Approved for Signature-Gathering. State Attorney General Dustin McDaniel yesterday approved the popular name and ballot title for a constitutional amendment initiative that would legalize marijuana. Supporters of the Arkansas Hemp and Cannabis Amendment now have just over one month -- until July 7 -- to submit more than 78,000 valid voter signatures in order to qualify for the November ballot. A medical marijuana initiative sponsored by Arkansans for Compassionate Care is already in the signature-gathering phase.

Medical Marijuana

Group Targets DNC Chair Debbie Wasserman Schultz for Not Voting to End DEA Interference in Medical Marijuana States. The medical marijuana advocacy group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it. The ads are running on MSNBC in South Florida, where her district is.

DC Medical Marijuana Program Adds New Qualifying Conditions. The DC Department of Health has approved new conditions for which patients will be able to use marijuana. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Heroin

Ohio Democratic Candidates Call for Tougher Action Against Heroin. Democratic gubernatorial candidate Ed FitzGerald and Democratic attorney general candidate David Pepper are calling for tougher action against heroin. FitzGerald said he wants tougher enforcement on dealers and that rising heroin use should be treated as a public health emergency. And Pepper called for heroin overdose deaths to be treated like murder. FitzGerald added that not enough dealers are going to prison, especially after a sentencing reform bill passed. The Ohio Republican Party responded calling the Democrats "tone deaf" and "ghoulish," saying that Gov. John Kasich (R) has been a strong advocate on the issue, and besides, Attorney General Mike DeWine's (R) office had just indicted two heroin dealers last week.

Prescription Drugs

Tennessee Governor Rolls Out Prescription Drug Plan. Gov. Bill Haslam (R) Tuesday unveiled his seven-point program to battle problems associated with prescription drug use. "Prescription for Success: Statewide Strategies to Prevent and Treat the Prescription Drug Abuse Epidemic in Tennessee" calls for reducing the prescribing of prescription opiates, reducing overdose deaths (including through enactment of a 911 Good Samaritan law), increasing prevention, early intervention, and treatment, and increased cooperation among state agencies and between the state and other entities. While it has a law enforcement component, that doesn't seem to be emphasized. [Ed: There are some good provisions in this document, but reducing the prescribing of pain medications needs to be handled with great care. Although more people are getting opiates now, not all of the people who need them are, and it could easily get even worse for pain patients.]

Drug Testing

California Initiative to Drug Test Doctors Qualifies for Ballot. An initiative that requires random, suspicionless drug and alcohol testing of doctors has qualified for the November 2014 ballot, according to the Secretary of State's office. It also requires doctors to report any other doctor they suspect of being impaired by drugs or alcohol. It also increases the cap on pain and suffering damages in medical malpractice lawsuits, which may the initiative's main goal. Legislative analysts estimate it could cost the state "at least in the low tens of millions of dollars annually" in higher malpractice costs and up to "hundreds of millions of dollars annually" because of changes in the amount and type of health care services provided.

Law Enforcement

In Massive Heroin Sweep, New Jersey Police Arrest Seven Users for Every Dealer. New Jersey cops arrested 325 people during an eight-week heroin sting, but only 40 of them are accused of selling heroin. The rest are alleged heroin users. Authorities said all were arrested on relatively low-level charges and all would have a chance to go through treatment programs, but the head of the state's drug court program said she wasn't sure the system could accommodate all of them.

International

New Zealand Workers Win Drug Testing Case. Workers at a mill who were subjected to mandatory drug tests after two marijuana plants were found growing on the site were treated unfairly and must be compensated, the Employment Relations Authority has ruled. The mill owner had argued that the discovery of pot plants was "reasonable cause" to drug test everybody, but the authority disagreed. "This is a victory for our members, and a victory for common decency and respect," says Ron Angel, a union organizer for timber workers. "Drug testing has to be about proving actual impairment at work - not treating workers as guilty until proven innocent."

Canada Battle over Mandatory Minimum Sentences Heads to BC Appeals Court. A case that could eventually overturn the Conservative government's mandatory minimum sentence scheme for drug offenses is being heard in the BC Court of Appeals today. Earlier this year, a BC provincial court judge ruled unconstitutional an automatic one-year prison term for a person repeatedly convicted of drugs. Lawyers for the government appealed; thus today's hearing. The case is that of Vancouver Downtown Eastside resident Joseph Lloyd, a long-time drug user with 21 previous convictions who was convicted last fall of trafficking small amounts of heroin, cocaine, and meth. The provincial court judge held that mandatory minimum sentences amounted to cruel and unusual punishment.

Bolivian Village to Bake Coca Birthday Cake for UN Head Ban Ki-Moon. UN Secretary General Ban Ki-Moon will be in Bolivia when his birthday rolls around on June 15, and the mayor of Cobija, Ana Lucia Reis, says they are going to bake him a coca birthday cake. "The idea is that Ban tries the coca and realizes that coca is part of our culture and is not cocaine," she said.

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