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Chronicle AM -- March 14, 2014

No legalization for Maryland this year, the ASA national conference is coming soon, Utah (!) passes a package of policing reform bills, welfare drug testing goes down in flames in Indiana, the Swiss ponder cannabis clubs, and more. Let's get to it:

A bill before Utah's governor would begin to rein in SWAT in the Beehive State. Only Maryland has done something similar.
Marijuana Policy

Michigan Activists Plan Slew of Local Reform Initiatives. Marijuana reform activists are planning "a tsunami move in November 2014," with plans to put initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older on the local ballot in at least eight towns and cities, and perhaps a dozen more. The Safe Michigan Coalition, the folks behind successful initiatives in Lansing, Ferndale, and Jackson last year, are also behind this effort.

NORML PAC Endorses Tommy Wells for DC Mayor. NORML PAC, the campaign and lobbying arm of NORML, announced today that it is endorsing Councilman Tommy Wells for mayor of Washington, DC. "Councilman Wells is a passionate crusader for the cause of marijuana law reform," stated NORML PAC manager Erik Altieri, "Wells showed his skill and acumen for the issue when he championed the District's marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor's office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation."

Maryland Legalization Bill Dies, But Decriminalization Bill Still Lives. A bill that would have legalized marijuana in Maryland, House Bill 880 from Rep. Curt Anderson (D-Baltimore), died for lack of support in committee yesterday, but a decriminalization bill, Senate Bill 364, filed by Sen. Robert Zirkin (D-Montgomery) passed the Senate and is now before the House Judiciary Committee.

Colorado Appeals Court Rules Some Marijuana Convictions Can Be Thrown Out. Some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in Colorado, the state's second-highest court ruled Thursday. The Colorado Court of Appeals said people whose cases were under appeal when Amendment 64 on recreational marijuana took effect in December 2012 are eligible to have their convictions reversed. The case is Colorado v. Brandi Jessica Russell.

Medical Marijuana

ASA National Conference in Washington, DC, April 5-7. The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), formally announced today its second annual Unity Conference, "Navigating Medical Cannabis in the Mainstream," to be held in Washington, DC on April 5-7, 2014. The conference will highlight medical and legal experts, policymakers, and a wide array of workshops and panels focusing on scientific research, strategic planning, and skills building. Click on the links for more details.

Washington Medical Marijuana Regulation Bill Dies. A legislative effort to roll Washington's medical marijuana program into its I-502 legal marijuana system has died at the last minute after House Republicans tried to use it to divert a share of marijuana tax revenue to cities and counties. Senate Bill 5887 sponsor Sen. Ann Rivers (R-La Center) said the bill was doomed by "immovable positions" even after a last-minute push by the governor. The bill would have required existing dispensaries to either get legal under I-502 or close, would have ended collective gardens, and would have reduced the amount of marijuana patients could possess and the number of plants they could grow.

Utah CBD Medical Marijuana Bill Passes Legislature. A bill that would allow children with epilepsy to use CBD cannabis oil has passed the legislature and now heads for the governor's desk. House Bill 105 won final approval in the House Thursday.

Drug Testing

Pre-Job Offer Drug Tests Violate ADA, Federal Court Rules. Pre-offer drug tests to determine the use of both legal and illegal drugs violates the Americans with Disabilities Act's (ADA) prohibition on pre-offer medical inquiries, a federal court in Pennsylvania ruled last week. The ADA contains an exception for tests solely "to determine the illegal use of drugs," but the court held that the urine drug screens qualified as medical exams because they tested not just for drugs but also for other medical purposes. The case is EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center.

Indiana Welfare Drug Testing Bill Dies on Ties Vote in Senate. A bill to drug test welfare recipients suspected of using drugs died last night on a dramatic tie vote in the Senate. Senate Bill 1351 had already passed the House by a margin of 81-17, but Senate opponent said the measure unfairly targeted poor people and that other states that have adopted such programs have found they were not cost effective.

Law Enforcement

Utah Legislature Passes Policing Reform Bills. Three bills to impose some controls on law enforcement have been sent to the governor's desk in Utah. House Bill 70 originally would have limited the use of "dynamic entry" search warrants to situations involving violent crime, but was watered down. It still, however, imposes some restrictions on such searches. Senate Bill 185 would require police agencies with SWAT teams to report on why and how often they are used. Only Maryland has approved a similar law. And House Bill 185 requires police to obtain a warrant before searching the contents of a cell phone, including bulk data collection through technologies like Stingray.

Drugged Driving

Drugged Driving Bill Passes Vermont House. A bill that makes it easier for police to charge drivers with drugged driving passed the House Thursday. House Bill 501 changes existing law to use the same definition of "under the influence"of drugs as has been established for alcohol. Under current law, drugged driving can only be proven if someone drives unsafely, but the proposed law would change that to enable a conviction "when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug." The state Supreme Court has held that any drug presence constitutes "under the influence." The bill now heads to the Senate.

International

Swiss Cities Consider Backing Cannabis Clubs. Municipal governments in at least five Swiss cities are considering plans to allow "cannabis clubs" or user associations. Local governments in Basel, Bern, Geneva, Lausanne, and Zurich are contemplating the move, with Geneva taking the lead. A working group will present a final proposal to authorities in June, but the move would require changes in federal law.

British Deaths From New Synthetics "Inflated," Former Drug Advisors Say. The National Program on Substance Abuse Deaths (NSPAD) reported 68 deaths in 2012 from the use of "legal highs" or new synthetic drugs, but two former government drug advisors say that figure includes many deaths from substances that "are already illegal, not new, and/or not psychoactive." Professor David Nutt and Dr. Les King of the Independent Scientific Committee on Drugs said only 11 of the 68 deaths actually occurred with new synthetics. "What is certain is that if the current government review of legal highs is to be taken seriously and lead to health improvements then there must be a proper definition of terms and improved data collection," they said. "Moreover the data must be properly and independently audited so the effects of any change in the law can be properly evaluated."

(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.)

Medical Marijuana Update

The Epilepsy Foundation comes out in support of medical marijuana, the feds delay a PTSD study, CBD bills are popping up, and a battle over local dispensary bans looms in Oregon, and more. Let's get to it:

National

Last Thursday, the National Epilepsy Foundation endorsed medical marijuana. "The Epilepsy Foundation supports the rights of patients and families living with seizures and epilepsy to access physician directed care, including medical marijuana. Nothing should stand in the way of patients gaining access to potentially life-saving treatment," according to the statement from Epilepsy Foundation President and CEO Philip M. Gattone and Epilepsy Foundation Board of Directors Chairman Warren Lammert. "If a patient and their healthcare professionals feel that the potential benefits of medical marijuana for uncontrolled epilepsy outweigh the risks, then families need to have that legal option now -- not in five years or ten years. For people living with severe uncontrolled epilepsy, time is not on their side," according to their statement.

Last Friday, researchers charged federal bureaucrats with blocking the supply of marijuana for a research study on PTSD in veterans. The study has been approved by the FDA and the University of Arizona's Institutional Review Board, but the Multidisciplinary Association for Psychedelic Studies (MAPS) said the US Public Health Service has for the past 3 ½ months refused to act on its request to purchase marijuana for the study. The PHS marijuana review process exists only because the National Institute on Drug Abuse (NIDA) has a Drug Enforcement Administration (DEA)-protected monopoly on the supply of marijuana legal for use in FDA-regulated research. This additional review is not required for research on any other Schedule I drug.

California

Last Tuesday, the Diamond Bar city council voted to ban dispensaries. The council first approved an extension of a temporary ban on medical marijuana clinics that will last until January 2015. It also introduced a second ordinance that will permanently ban medical marijuana operations from the city. The permanent ban gets a second reading next week. The city had one dispensary, Farm Assist Caregivers, but it was shut down by the feds last year.

On Tuesday, the San Diego city council approved up to 30 dispensaries to operate in the city. The council voted 8-1 to create new zoning laws for medical marijuana dispensaries after years of debate about providing access for patients while at the same time protecting neighborhoods. The rules limit dispensaries to some commercial and industrial zones and require them to be at least 1,000 feet from one another as well as schools, playgrounds, libraries, child care and youth facilities, parks and churches. They must operate as nonprofits, have curtailed business hours and hire security guards.

Also on Tuesday, a San Jose initiative began gathering signatures for the 2014 ballot. The San Jose Medical Marijuana Regulation for San Jose Act (MMRSJ) is designed to put in place "reasonable regulations" for dispensaries and is a response to a city council stance that "all dispensaries are illegal" until it comes up with its own regulations. The supporters of MMRSJ would like to collect 30,000 signatures before the March 18 San Jose City Council meeting on the topic, but have set a goal of completing the signature drive on April 20.

Florida

On Monday, Tampa was the scene of a rowdy debate over medical marijuana. With a medical marijuana initiative headed for the voters in November, initiative proponent and prominent attorney John Morgan and NORML head Alan St. Pierre faced off against Project SAM spokesman Kevin Sabet and prehistoric prohibitionist Dr. Eric Voth. "Screaming, yelling, and even people dragged out" were all part of the action, as WTSP News 10 reported.

Georgia

On Monday, a CBD medical marijuana bill was stalled in committee. The bill, House Bill 885, would allow for the use of CBD cannabis oil to treat epileptic seizures in children is stuck in committee as lawmakers grapple with the issue of how to obtain it. Either growing it or importing it would violate state law.

Iowa

Last Friday, a judge rejected an activist's lawsuit challenging the state Board of Pharmacy's refusal to recommend rescheduling of marijuana. Carl Olsen had brought the suit after the board denied his request to recommend a change in classification, and he says he will appeal.

Kentucky

On Wednesday, a CBD medical marijuana bill won a Senate committee vote. A bill to allow trial use of cannabis oil for severe childhood seizures passed the Senate Health and Welfare Committee, and now goes to the full Senate. The measure is Senate Bill 124.

Nevada

On Tuesday, the Boulder City council voted to ban dispensaries. The unanimous vote came after council members said they didn't think the businesses were "a good fit" for the town. Boulder City becomes the first town in Clark County to ban them. Las Vegas has a moratorium, but only while city staffers research the issue.

New York

On Tuesday, a new Sienna poll showed strong support for medical marijuana. A third of respondents (32%) said Gov. Andrew Cuomo's pilot medical marijuana program was sufficient, but 45% said the state should implement a full-fledged program. The poll comes as pressure rises on the state Senate to approve pending legislation.

Ohio

On Monday, a Quinnipiac poll showed nearly nine out of 10 Ohioans favor medical marijuana. The poll had support at 87%. Medical marijuana activists are trying to get an initiative on the ballot there.

Oregon

On Monday, a House committee amended the dispensary regulation bill to allow local bans. The Senate earlier passed a version of the bill that allowed localities to regulate, but not ban them. Senate Bill 1531 still has to pass the House, and if the ban still stands, the Senate must vote to concur in the change or the two versions will have to be reconciled in conference committee.

Also on Monday, the Tualatin city council voted to ban dispensaries until year's end. The measure passed 6-0.

On Tuesday, the Beaverton city council voted to ban dispensaries for at least six months. Councilors said they voted for the moratorium to figure out the best options for city regulations regarding dispensaries, including zoning and business license requirements.

South Carolina

Last Wednesday, a CBD medical marijuana bill was introduced. Sen. Tom Davis (R-Beaufort) and six GOP cosponsors filed the bill primarily to help patients who suffer from a severe form of epilepsy. The bill has been referred to the Committee on Medical Affairs.

Utah

Last Friday, a CBD medical marijuana bill advanced on a House committee vote. The House Law Enforcement Committee approved a substitute version of House Bill 105 that would also allow institutions of higher education to petition the state Department of Agriculture to grow industrial hemp for the purposes of research.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM -- February 20, 2014

Colorado is rolling in the marijuana tax dollars, Washington state gets closer to licensing legal grows, a New Hampshire patient grow bill is moving, the Europeans are worried about some new drugs, and more. Let's get to it:

The Europeans are worried about "N Bomb"
Marijuana Policy

Colorado Governor Announces Marijuana Tax Revenues Plan. Gov. John Hickenlooper (D) Wednesday announced his plan to start spending tax revenues from legalized marijuana. He said he would spend $99 million next fiscal year, with half of it going to youth use prevention, another 40% going to substance abuse treatment, and more than $12 million for public health. His proposal must be approved by the legislature.

Washington State Regulators Announce Rules Modifications. The Washington State Liquor Control Board announced Wednesday that it will limit marijuana business applicants to one pot grow each, down from the three-license limit it originally set. The board also reduced by 30% the amount of grow space that licensees can use. The board is trying to address how to equitably distribute the two million square foot of grow space it has set as a statewide cap. The move also opens the way to the actual issuance of grow licenses, which could come as soon as early next month.

Medical Marijuana

New Hampshire Patient Cultivation Bill Wins Committee Vote. A bill that would allow qualifying patients to cultivate a limited amount of medical marijuana in New Hampshire was approved this morning in a 13-3 vote by the House Committee on Health, Human Services, and Elderly Affairs. The bill will be considered by the full House sometime in March. Sponsored by Rep. Donald Wright (R-Tuftonboro), House Bill 1622 would patients or their designated caregivers to possess up to two mature plants and twelve seedlings. The cultivation location would have to be reported to the Department of Health and Human Services, and patients would lose their ability to cultivate when an alternative treatment center opens within 30 miles of their residence.

South Carolina CBD Medical Marijuana Bill Filed. Sen. Tom Davis (R-Beaufort) Wednesday introduced a bill to allow for the use of CBD cannabis oil for the treatment of epilepsy seizures. Senate Bill 1035 has been referred to the Committee on Medical Affairs.

Arizona Bill Would Use Medical Marijuana Fees to Fund Anti-Drug Campaigns. A bill approved Wednesday by the House Health Committee would set up a special fund using fees from medical marijuana user and dispensaries to "discourage marijuana use among the general population." House Bill 2333, sponsored by Rep. Ethan Orr (R-Tucson) is being derided by the Marijuana Policy Project, whose spokesman, Mason Tvert, said "It is remarkable how much money some government officials are willing to flush down the toilet in hopes of scaring adults away from using marijuana."

Heroin

Vermont Law School Symposium Will Address Heroin Addiction and New Solutions. The Vermont Law Criminal Law Society is hosting a symposium on heroin and opiate addiction and responses to it on Monday. "This event is about new ideas from new sources," said Vermont Law JD candidate George Selby ', one of the panel organizers. "We need to fundamentally change the way we treat addicts and the opiates they fall victim to." Panelists will include addiction and pain specialists, a narcotics investigator, and an advocate for revolutionizing drug policy. They will discuss whether drug courts, replacement therapy, and support groups are enough, and tackle a controversial question: Should doctors be allowed to prescribe heroin to treat heroin addiction? One of the featured speakers is Arnold Trebach, JD, PhD, professor emeritus of public affairs at American University and founder of the Drug Policy Foundation, the precursor to the Drug Policy Alliance, who plans to call for action in Vermont. Click on the title link for more details.

International

Europeans Issue Alert on Four New Synthetic Drugs. The European Monitoring Center for Drugs and Drug Addiction has issued an alert and announced a formal risk assessment of four new synthetic drugs. They are the hallucinogenic phenethylamine 251-NBOMe ("N-Bomb," linked to three deaths), the synthetic opioid AH-7921 (15 reported deaths in Europe), the synthetic cathinone derivative MDPV ("legal cocaine," linked to 99 deaths), and the arylcyclohexamine drug Methoxetamine (linked to 20 deaths). Click on the link above for more details.

British Columbia Judge Rules Mandatory Minimum Drug Sentences Unconstitutional. A judge in Canada's British Columbia ruled Wednesday that mandatory minimum sentences for drug offenders under the federal 2012 Safe Streets and Communities Act are unconstitutional. In November, an Ontario judge struck down a similar sentence for a weapons offense, but BC is the first province to have the drug offense sentences quashed. Crown prosecutors are expected to appeal.

India Asset Forfeiture Bill Passes Lok Sabha. A bill that would increase the Indian government's ability to seize assets from drug traffickers was approved Wednesday by the Lok Sabha, the lower house of the country's bicameral parliament. The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2011 passed on a voice vote after members took turns worrying aloud about the spread of drug use in the world's most populous democracy.

Medical Marijuana Update

California counties continue to struggle with dispensary and growing rules, Reno's mayor has a change of heart, some Oregon cities may have to change their ways, and more. Let's get to it:

California

Last Friday, a superior court judge threw out Kern County's Measure G, the voter-approved 2012 ordinance limiting where dispensaries can operate in unincorporated areas of the county. Judge Kenneth Twisselman ruled that the ordinance failed to properly consider environmental impacts. But county lawyers said it could clear the way to shut down all dispensaries in the county, so expect more battles to be waged in Kern.

Last Thursday, a petition drive was underway in Shasta County that would put the county's pending ban on outdoor medical marijuana gardens in the voter's hands this November. Organizers need 6,544 valid signatures by February 28. County supervisors last month unanimously voted to ban all outdoor medical marijuana cultivation in the unincorporated parts of Shasta County, and place additional restrictions on in grows. The outdoor ban is set to take effect on February 28 unless the petition proves successful, in which case supervisors could either choose to repeal the ordinance or send it on for voters to decide in the fall.

Guam

Last Thursday, the Guam Election Commission's legal counsel said a medical marijuana bill was "inorganic" and could not be acted on. Senate Bill 215 was amended by its sponsor at the request of other legislators to put the measure to a popular referendum, but the legal counsel said Guam's Organic Act, the law which established democracy in the US territory, does not allow for popular referenda.

Nevada

Last Friday, Reno Mayor Bob Cashdell said he would now push to license dispensaries. That's a change for Cashdell, who was a vocal critic of dispensary legislation when it passed last year. Cashdell said he had a family member who benefited from medical marijuana.

New Hampshire

Last Wednesday, the House balked at advancing a bill that would modify the state's yet-to-begin medical marijuana program. House Bill 1616 would expand the program to include more medical conditions, but also limit the amount of marijuana patients could purchase each month. House leaders said they would study the bill for the rest of this year.

New Mexico

On Tuesday, the state Health Department released a patient survey that showed that state-licensed growers were growing nowhere near enough marijuana to supply registered patient demand. Patients are using about 11,000 pounds a year, but licensed growers are producing only about 2,250. The Health Department is "weighing its options about whether to increase production" and whether to increase the number of producers or the number of plants each can produce, a spokesman said.

Oklahoma

Last Wednesday, hundreds of people showed up at the state capitol for a hearing on medical marijuana. The hearing addressed the use of high CBD cannabis oil as a treatment for epileptic seizures in children, but others rallied outside calling for full legalization.

Oregon

Last Tuesday, the Tigard city council voted to ban dispensaries. But the council may be open to lifting it in the future and regulating dispensaries.

Also last Tuesday, the Grants Pass city council voted to ban dispensaries. Officials pointed to a longstanding business license ordinance that bars licenses for activities that would not comply with city ordinances, or state, or federal law."

On Tuesday, the Sherwood city council voted to temporarily ban dispensaries. The ban is set to last 150 days.

Also on Tuesday, the Oregon Senate passed a bill that would bar localities from banning dispensaries. Senate Bill 1531 would let city and county governments regulate certain aspects of medical marijuana dispensaries such as hours of operation, location and the manner in which medical marijuana is dispensed, but not ban them. The legislature approved statewide dispensary regulation last year, which will go into effect March 3. The Association of Oregon Cities is grumbling and threatening to sue. Stay tuned.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Medical Marijuana Update

Lots of action at the state house on medical marijuana this week, plus Arizona eases up on the rules and the Michigan Supreme Court hands down a bellwether decision in favor of patients. Let's get to it:

Arizona

On Monday, state officials proposed easing medical marijuana program rules, including a change that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

California

On Tuesday, Butte County supervisors adopted strict new cultivation rules. By a unanimous vote, supervisors approving measures that would limit grows to 50 square feet on lots up to five acres and 100 square feet on lots between five and 10 acres. Opponents of the new rules have already begun the process of petitioning to get them changes.

On Wednesday, Santa Monica will consider allowing delivery services. The planning commission is set to consider a new recommendation by staff to ban dispensaries and replace this with delivery services. The city has never allowed dispensaries, but supporters had hoped to see a proposal to allow one or two. Instead, they got this.

Florida

Last Thursday, a new poll had 57% support for the state's medical marijuana initiative. The Gravis Marketing poll had only 31% opposed. But when Gravis asked respondents to consider that marijuana remained illegal under federal law, opposition rose to 54%.

Also last Thursday, a CBD medical marijuana bill was filed. Rep. Matt Gaetz (R-Shalimar) filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia

On Monday, a CBD medical marijuana bill got a hearing in the House. After a three-hour committee hearing Monday, state Rep. Allen Peake (R-Macon), the sponsor of the bill, House Bill 885, said it needed significant revisions before it could advance in the House. The hearing included searing testimony from parents of children suffering seizures, but also from physicians who said the use of CBD cannabis oils needed more study. Another hearing is set for Thursday.

Kentucky

Last Wednesday, a CBD medical marijuana bill was filed. State Sen. Julie Denton filed Senate Bill 124, which would allow the limited use of CBD cannabis oil to treat children with seizures.

On Sunday, the Bluegrass poll had support for medical marijuana at 52%.

Maine

Last Thursday, a medical marijuana bill got a hearing. Legislative Document 1674 would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves.

On Tuesday, another medical marijuana bill got a hearing. Legislative Document 1597 would give government officials access to any medical marijuana grow. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad.

Massachusetts

On Tuesday, the Haverhill city council extended a moratorium on dispensaries amid concerns about "misrepresentations" by Healthy Pharms, Inc., which is seeking to open a facility there. The council extended the moratorium to November 18.

Michigan

Last Thursday, the state Supreme Court blocked localities from passing ordinances that violate the state's Medical Marihuana Act. The ruling in Ter Beek v. the City of Wyoming means that cities cannot bar patients from growing their own marijuana.

Nevada

Last Wednesday, the Las Vegas city council directed staff to research plans to allow dispensaries. The move came on a 5-2 vote. The council enacted a six-month dispensary ban last fall and can come back later and vote to allow dispensaries.

Oregon

Last Thursday, the Phoenix city council dropped a motion to pass an emergency dispensary moratorium. Council members said the proposal was "ridiculous" and unnecessary.

On Tuesday, a bill to allow cities to ban dispensaries was amended in the Senate Judiciary Committee. Senate Bill 1531 now only allows cities to regulate them, not ban them.

Washington

Last Friday, bills that would tighten rules on patients advanced in the Senate. Senate Bill 5887 and Senate Bill 6178 each passed 6-1 in the Senate Committee on Commerce and Labor. They would end collective gardens for patients as part of the state's embrace of marijuana legalization.

On Monday, a bill that would reduce the amount of marijuana patients could have advanced in the House. House Bill 2149 passed out of the House Appropriations Committee.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Some Drug Sanity from Italy!

Italy's constitutional court today struck down a 2006 law that removed the distinction between "soft" and "hard" drugs, treating pot possession like heroin possession. Thousands of prisoners will go free.

Reactionary Italian Sen. Carlo Giovanardi, atchitect of the overturned law, still doesn't get it. (wikimedia.org)
Read the Reuters report here.

The Giovanardi-Fini law had been passed in 2006 by the rightist government of Silvio Berlusconi, pushed by reactionary social conservative and neo-fascist elements within the regime. It undid an earlier distinction between "soft" drugs like marijuana and hash and "hard" drug like heroin and cocaine, subjecting cannabis users to sentences three times longer than under the old law.

The law is reported to be the primary cause of prison overcrowding in the country, which has the worst overcrowding problem in all Europe. Prison rights groups estimate that up to 40% of Italian prisoners are doing time for drug crimes.

"The so-called drug war as conceived in North America has been lost and it's time to return to rational rules that distinguish between substances," Franco Corleone, of the human rights group Society of Reason, told Reuters.

Senator Carlo Giovanardi, arch-conservative architect of the law revealed the he is still an idiot with his reaction to the high court decision, which struck down his handiwork as "illegitimate."

The ruling was a "devastating choice from a scientific viewpoint and in the message it sends to young people that some drugs are less dangerous than others," he said, somehow missing the scientific fact that some drugs are less dangerous than others.
 

Location: 
Rome
Italy

Chronicle AM -- February 10, 2014

State legislatures are busy with drug policy issues, particularly marijuana and medical marijuana, a Texas grand jury refuses to indict a man who killed a cop in a no-knock drug raid, Mexican vigilantes are duking it out with the Knights Templar in Michoacan, and more. Let's get to it:

Marijuana Policy

Southern Cannabis Reform Conference in Atlanta Next Month. Peachtree NORML is hosting a marijuana reform conference in Atlanta on March 22. Click on the title link for ticket information.

Washington Bill Would Use Marijuana Revenue to Help Fund College Tuition. A bill introduced by Sen. Mike Baumgartner (R-Spokane) to effectively cap tuition rates at state colleges and universities relies in part on expected marijuana tax revenues. The bill, House Bill 6043 is part of Baumgartner's broader plan to improve basic education and ease the tuition burden on college students.

Legalization Bill Stalls in New Mexico Senate. A bill that would let New Mexico voters decide whether to legalize marijuana is stalled -- at least for now -- in the state Senate. The Rules Committee last Friday failed to debate it, but bill sponsor Sen. Gerald Ortiz y Pino said he hoped the committee would take it up this week.

New Hampshire House Subcommittee Meeting on Legalization Bill Today. A House Ways and Means Committee subcommittee is discussing the revenue and regulatory aspects of a bill that would make marijuana legal and regulate it like alcohol in the Granite State. House Bill 492 would make personal possession and home cultivation of limited amounts of marijuana legal for adults age 21 and older. It would also direct the state to license and regulate marijuana retail, cultivation, production, and testing facilities. The subcommittee is expected to consider changes to the bill's proposed system for taxing and regulating marijuana. The bill has already passed the House once, but must do so again before heading to the Senate.

Los Angeles Mayor Suggests He Could Support Legalization. In an interview with a local TV station, LA Mayor Eric Garcetti suggested he could support an initiative that legalized marijuana. "[Legalizing marijuana] would make life easier to me in terms of the regulations... I think there's probably a majority of Californians that would like to see that, and I generally would be for that. I've never seen much of a difference between marijuana and alcohol... alcohol has rules around it," Garcetti said. "If we had something similar with marijuana it would probably be a good revenue generator." To listen, go to the 3:23 mark in the second video.

Hawaii Appeals Court Nixes Local Lowest Law Enforcement Priority Initiative. The Hawaii Intermediate Court of Appeals ruled last Friday that a voter-approved Hilo County initiative directing law enforcement to make adult personal use of marijuana on private property its lowest priority is unenforceable. The 2008 initiative won handily in Hilo, but the county council failed to implement it. Both a district court and now the appeals court have ruled that state marijuana laws preempt it. Advocates vowed to appeal to the state Supreme Court.

Oregon Bill to Refer Legalization to Voters Gets Hearing Tuesday. A bill that would put a legislature-written marijuana legalization initiative on the November ballot gets a hearing Tuesday. Senate Bill 1556 is set for a hearing before the Senate Judiciary Committee.

Medical Marijuana

Oregon Bill to Let Localities Ban Dispensaries Gets Hearing Tuesday. A bill that would allow cities and counties to ban dispensaries gets a hearing Tuesday. The bill, Senate Bill 1531, will be heard by the Senate Judiciary Committee.

Colorado Patient Wins Fight to Stay in Federal Housing. A quadriplegic medical marijuana patient who was threatened with eviction from the Longmont Housing Authority has prevailed in her struggle to remain, and she has prompted the housing agency to create a new policy. Ashley Weber is that patient.

Support for Medical Marijuana in Guam at 55%. A University of Guam poll has support for medical marijuana at 55%. The poll comes as the Guam legislature considers a bill that would ask residents to vote in a referendum to approve medical marijuana.

Support for Medical Marijuana in Kentucky at 52%. The latest Bluegrass Poll has support for medical marijuana in Kentucky at 52%, with 37% opposed. Last year, the same poll had support for "prescribed" marijuana at 60%. This year's poll dropped "prescribed," and that accounted for the difference, said pollster Jay Leve of SurveyUSA. A CBD medical marijuana bill is currently before the legislature.

Support for Medical Marijuana Amendment in Florida at 57%. A Gravis Marketing poll has support for the state's medical marijuana initiative at 57%, with 31% opposed. But support dropped dramatically when voters were reminded that the production and sale of marijuana remained illegal under federal law, with 54% opposing, 27% supporting, and 19% uncertain.

Arizona Officials Propose Easing Rules. State health officials are proposing changes for Arizona's medical marijuana program, including one that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

Wisconsin CBD Medical Marijuana Bill Gets Hearing Wednesday. A bill that would allow for the use of CBD cannabis oil gets a hearing in the Assembly Committee on Children and Families Wednesday. The bill, Assembly Bill 726, has three Republican cosponsors, but faces other hostile Republican legislators.

Methamphetamine

South Dakota Bill to Add State to National Monitoring System Passes Senate. A bill that would add South Dakota to the National Precursor Log Exchange (NPLEx) passed the Senate last week and now heads to the House. Senate Bill 24 is supported by Attorney General Marty Jackley and other state officials. Under the bill, retailers selling pseudoephedrine (e.g. Sudafed) would electronically submit the purchaser's name, date of birth and address, along with the quantity sold at the specific time and date. [Ed: Methamphetamine manufacturing rings have gotten around pseudoephedrine purchase limits by hiring "smurfers" to buy the substance for them. It's not clear how the national database will be more effective in this regard than previous monitoring systems.]

Drug Testing

West Virginia Public Benefits Drug Testing Bill Targets Felons and Drug Offenders. Convicted felons and drug offenders would have to pass a drug test before obtaining federal or state assistance under a bill introduced in the state legislature last Thursday. House Bill 4433 would mandate that those who fail the drug tests would be ineligible to apply for assistance for two years, but that would drop to six months if they took drug treatment and passed a second drug test. The bill is before the House Judiciary Committee.

Sentencing

Missouri Criminal Code Revisions Would Cut Drug Sentences. An 1,100-page bill that revamps the state's criminal laws reduces a number of drug sentences. Marijuana possession would be reduced from up to a year in jail to no jail time for first offenders. Felony drug possession maximum sentences would drop from seven years to four. The bill has more support in the Senate than in the House, where Rep. Stanley Cox (R-Sedalia), head of the House Judiciary Committee, said he opposed using the bill to change the drug laws. The bill is Senate Bill 491.

Federal Judge Cuts Marijuana Sentences, Citing Likely Federal Sentencing Reforms. Why wait? A Tennessee federal judge last Thursday gave reduced prison sentences to three major marijuana offenders, saying he expects Congress to act to lower sentences for drug offenders. Judge Curtis Collier citing the pending approval of the Smarter Sentencing Act and recommendations from the US Sentencing Commission. The three defendants got about half the prison time they otherwise would have.

Law Enforcement

Innovative Diversion Program Underway in Santa Fe, New Mexico. The Santa Fe city council has approved adoption of the Law Enforcement Assisted Diversion (LEAD) program pioneered in Seattle. Instead of sending minor offenders back into the criminal justice system, LEAD offers them a chance to obtain essential wraparound services, such as housing, job training, transportation, counseling and addiction treatment -- all of which might help them stay away from crime and live a better life. The Drug Policy Alliance is credited with turning local leaders on to the program.

Utah Cops Pay $75,000 to Settle Wrong House Drug Raid Lawsuit. Salt Lake City will pay $75,000 to settle a claim filed by a 76-year-old woman after narcotics detectives raided the wrong house and pointed a gun at her. The no-knock raid in 2012 led to an immediate apology by the police chief and new leadership in the narcotics division. The claim was actually settled in November, but local media only unearthed it after filing FOIA requests.

Texas Grand Jury Refuses to Return Murder Indictment Against Home Owner Who Killed Cop in No-Knock Drug Raid. A Central Texas grand jury has refused to return a murder indictment against a Burleson County man who shot and killed sheriff's Sgt. Adam Sowders as Sowders led a group of law enforcement raiders through the door of the man's mobile home in a no-knock, pre-dawn drug raid on December 19. The raiders had a search warrant for the home of Henry Goedrich Magee and were looking for marijuana plants and guns. But when they burst through the door, Magee, who was sleeping with his girlfriend, feared a home invasion robbery, grabbed a gun from his bed side, and opened fire, killing Sowders.

International

Britain's Nick Clegg Continues Stirring the Pot on Drug Reform. Liberal Democrat leader and coalition government junior partner Nick Clegg continues to demand that drug reform be taken seriously in Britain. He penned a strong op-ed in The Observer Sunday bewailing the failures of the drug war and calling for an end to "the tradition where politicians only talk about drug reform when they have left office because they fear the political consequences."

Colombians Say Mexican Cartels are Now Cooking Their Own Cocaine. Mexican drug cartels are moving on from importing South American cocaine and are now manufacturing their own, according to Colombian authorities. The claim came after Colombian police busted a load of more than a thousand pounds of coca paste as it was being loaded on a plane to Mexico. "It's the first time we've made that kind of seizure," General Ricardo Restrepo, head of the police anti-narcotics unit, said. "If they're buying paste, it's because they have a laboratory there."

Mexican Vigilantes Take Over Cartel-Held Michoacan City. Anti-cartel vigilantes now organized as part of state police forces arrived in the Knights Templar stronghold of Apatzingan, Michoacan, on Saturday. Hundreds of vigilantes, backed by armored vehicles and army troops moved into the center of town. Searches for Knights Templar leaders and members are now reportedly underway.

Chronicle AM -- February 7, 2014

Marijuana and medical marijuana dominate the drug policy news again today, the Maryland Senate votes to ban Everclear, meth and prescription pills continue to draw legislative attention, and Schapelle Corby will soon be freed from an Indonesian jail, and more. Let's get to it:

Schapelle Corby will soon walk out of an Indonesian jail.
Marijuana Policy

New Mexico Senate Committee Considers Legalization Bill Today. The Senate Rules Committee was expected to consider a marijuana legalization bill today. The bill is Senate Joint Resolution 10, sponsored by Sen. Gerald Ortiz y Pino (D-Albuquerque). It would create a constitutional amendment legalizing marijuana, which, if approved by the legislature, would then have to be approved by voters in a referendum.

Arizona Legalization Bill Introduced.Sen. Ruben Gallego (D-Phoenix) has introduced House Bill 2558, which would allow adults to use, possess, and cultivate small amounts of marijuana, and set up a system to tax and regulate marijuana commerce.

Oregon Bill Would Allow Gun License Despite Marijuana Conviction. Oregon law currently allow people with marijuana possession convictions to obtain a concealed hand gun permit, but a new bill, House Bill 4068 would expand that protection to include people busted in other states, and perhaps, people busted before 1973. The bill got a hearing Wednesday. It is supported by the Oregon State Sheriff's Association, which called it "an issue of fundamental fairness."

Joe Biden Reiterates Obama Administration Marijuana Policy. While the Obama administration thinks cracking down on marijuana is a waste of resources, it doesn't favor legalizing it, either, Vice President Biden told Time magazine Thursday. "I think the idea of focusing significant resources on interdicting or convicting people for smoking marijuana is a waste of our resources," Biden said. "That's different than [legalization.] Our policy for our administration is still not legalization, and that is and continues to be our policy."

Massachusetts Poll Has Slight Majority for Legalization. A new Suffolk University/Boston Herald poll has support for marijuana legalization in the Bay State at 53%, with 37% opposed and 10% undecided.

Medical Marijuana

Michigan High Court Rules for Medical Marijuana. In a bellwether case, the Michigan Supreme Court ruled Thursday that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming. A number of cities had attempted to ban medical marijuana activities, but the ruling says they cannot do that, although they can regulate them.

Maine Medical Marijuana Bills Get Hearings. Medical marijuana bills are getting attention in Augusta. Legislative Document 1674, which would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves, got a hearing Thursday. Legislative Document 1597, which would give government officials access to any medical marijuana grow, is set for a hearing next Thursday. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad. Legislative Document 1739 would create additional regulations and is set for a hearing next Tuesday. Click on the title link for more hearing information.

Florida CBD Medical Marijuana Bill Filed. Rep. Matt Gaetz (R-Shalimar) has filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia CBD Medical Marijuana Bill Gets Hearing Monday. A bill that would allow the use of high-CBD cannabis oil for patients suffering from certain types of seizures will get a hearing Monday. House Bill 885, sponsored by Rep. Allen Peake (R-Macon), will get a hearing at the House Health and Human Services Committee.

Hemp

President Obama Signs Farms Bill With Hemp Amendment. President Obama Friday signed into law the omnibus farm bill, which includes a hemp amendment allowing for research pilot projects in states that have approved them.

Hemp Bill Moving in Washington State. A bill that would authorize Washington State University to study the feasibility and value of a hemp industry in the state is on the move. House Bill 1888 passed out of the House Appropriations Subcommittee on General Government & Information Technology Thursday and now heads for the Ways and Means Committee. The just-passed federal farm bill includes a provision allowing for hemp research in states that have approved it.

Alcohol

Maryland Senate Passes Ban on Everclear. The Maryland Senate this approved a bill that would ban the sale of any alcohol product at or above 190 proof, or 95% ethyl alcohol. The bill is Senate Bill 75, and supporters said the ban would cut down on binge drinking and date rape, but opponents called it a "feel good" move. Similar legislation has twice previously passed the Senate, only to die in the House, but this year it has the backing of Del. Charles Barkley (D-Montgomery), chair of the Economic Matters subcommittee on alcohol, which increases its chances of getting a floor vote.

Prescription Drugs

South Carolina Bill Would Increase Penalties for Pill Trafficking, Set Them By Pill Quantity. A bill backed by Lt. Gov Glenn McConnell (R) and aimed at what he called "a criminal cancer that will affect the health of seniors" would increase penalties for prescription drug trafficking and set penalties based on the number of pills seized -- not the weight of the drugs. Possession of 600 or more prescription pills would garner a mandatory minimum 15-year prison sentence. Senate Bill 1012 would also make having multiple prescriptions for the same drug evidence of possession with intent to distribute.

Methamphetamine

Michigan Bill Would Bar Drug Felons From Buying Pseudoephedrine. A bill that would bar people with felony drug convictions from purchasing products containing pseudoephedrine, a precursor chemical for meth, got a hearing Wednesday in the House Criminal Justice Committee. House Bill 5088 was introduced by Rep. John Kivela (D-Marquette). Two related bills, House Bill 5089 and House Bill 5090 were also discussed. They address "smurfing."

Harm Reduction

Needle Exchange Reform Bill Moving in Maryland. The state Senate Thursday approved a bill to undo a restriction in existing state law that prevents injection drug users from picking up more clean needles at the Baltimore needle exchange than they turn in. The Senate approved Senate Bill 263 by an overwhelming 39-5 vote. The measure now heads to the House.

International

Schapelle Corby Wins Parole in Indonesia. Indonesian authorities announced Friday that Schapelle Corby, an Australian woman whose case made international headlines when she was convicted for smuggling nine pounds of marijuana into Bali in 2005, has been paroled. It's not clear yet when she will actually walk out of prison in Bali. She had been sentenced to 20 years in what many Australians considered a set-up.

Michigan High Court Rules for Medical Marijuana

In a bellwether case, the Michigan Supreme Court has ruled that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming.

In that case, registered patient James Ter Beek sued the city of Wyoming after it passed a 2010 ordinance designed to block the use of medical marijuana in the city by prohibiting any use, cultivation, or manufacture of the plant.

"The fact is medical marijuana helps people; it's helped me," said Ter Beek, a retired attorney who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain. "I've tried narcotic-based drugs like Vicodin and OxyContin and nothing worked like medical marijuana. I have more freedom than ever before and I couldn't just sit by as our elected officials try to take that away from me and thousands of others."

Ter Beek, represented by the ACLU of Michigan, argued that the ordinance made him fear arrest and prosecution for activities explicitly protected by the medical marijuana law, and that the state law should preempt the local ordinance. The city, on the other hand, argued that its ordinance sought to uphold federal as well as state law, and that the federal Controlled Substances Act preempted the state law.

Ter Beek lost in district court, but won on appeal. Now, the state's highest court has upheld that decision.

Wyoming's ordinance "directly conflicts" with the state's medical marijuana because it allows what the law "expressly prohibits: the imposition of any penalty, including a civil one, on a registered qualifying patient whose medical use of marijuana falls with... the immunity" granted under state law, Justice Bridget McCormack wrote for a unanimous court.

Federal laws prohibiting marijuana do not preempt the state Medical Marihuana Act because it "doesn't interfere with or undermine federal enforcement of that prohibition," McCormack wrote. That doesn't mean people protected under the state law are immune from federal arrest or prosecution, the court was quick to note.

The Supreme Court decision also invalidates similar ordinances in other Michigan cities that attempted to use them to block medical marijuana activities, including Birmingham, Bloomfield Hills, and Livonia. The ACLU of Michigan had challenged ordinances in all three of those cities as well.

Lansing, MI
United States

Chronicle AM -- January 31, 2014

The president makes some delphic comments on marijuana policy, some of his congressional critics get ready to go after him for such comments next week, Dutch cities want legal marijuana growing, the Welsh government funds a harm reduction drug testing program, and more. Let's get to it:

Marijuana Policy

Don't know what's in your drugs? The Welsh government wants to help.
In CNN Interview, Obama Punts on Rescheduling, Hints Support for Decriminalization. In an interview with CNN released today, President Obama said rescheduling marijuana was a job for Congress [Editor's Note: The executive branch can also reschedule it, according to statute] and that he considered the criminalization of personal use his main concern, although he also worried about the impact of commercialization.

House Government Oversight Committee to Hold Hearing on Marijuana Policy Next Week. Rep. John Mica (R-FL), chairman of the committee, said he will hold a hearing next Tuesday to examine what he called the Obama administration's "schizophrenic" position on marijuana laws. "The purpose of the hearing is to try to sort out the increasingly schizophrenic federal policy we have, because the DEA administrator was overhead denouncing what the president said," Mica said Friday. "We have states that are enacting laws -- municipalities that are considering it -- that are in conflict with federal law." There could be more hearings to come after that, he added.

Baltimore Police Commissioner No Fan of Legalization. Baltimore Police Commissioner Anthony Batts in a radio interview on Thursday evening expressed doubt that marijuana should be legalized. "We already have a city with a high addiction -- what would that do to the city of Baltimore?" Batts said. He also linked marijuana to homicides in the city, although the killings he described were a function of black market drug sales. "When you're calling your weed dealer or drug dealer, and you show up with money and you get robbed and it turns into a shooting, that's what we're seeing."

Medical Marijuana

Massachusetts Names Recipients of Medical Marijuana Dispensary Licenses. The Department of Public Health Friday announced the names of the first 20 dispensary applicants who will be awarded licenses to to open dispensaries. An additional 15 will be forthcoming.

Drug Testing

Judge Reinstates Delaware Valley (PA) School District Drug Testing Program. A Pike County district judge has lifted a temporary injunction barring random, suspicionless drug testing for students who drive to school or participate in extracurricular activities. The parents of a 12-year-old female student who faced drug testing if she wanted to join the scrapbooking club and the ACLU had challenged the program in 2011 and won the injunction, but Judge Joseph Kameen ruled earlier this month that the policy was constitutional under state law. It is unclear if the ACLU of Pennsylvania is done with this case.

Harm Reduction

Opioid Overdose Prevention Bill Introduced in New York. State Sens. Kemp Hannon (R-Nassau) and Jeffrey Dinowitz (D-Bronx) this week filed a bill, Senate Bill 6744/Assembly Bill 8637, that would help prevent accidental opioid overdoses by expanding access to the opioid antidote naloxone. The legislation would dramatically increase the accessibility of the life-saving reversal tool by allowing authorized health care professionals to issue standing orders, or non-patient specific prescriptions, to certified training programs that would in turn train individuals on the signs of overdose and provide them with the naloxone kits. By expanding naloxone distribution, this legislation will help reduce the number of preventable deaths resulting from accidental drug overdoses.

International

Welsh Government Funds Program to Test Drugs for Public. Public Health Wales has set up the Wedinos Project (Welsh Emerging Drugs and Identification of Novel Substances Project) to identify what drugs are in circulation there and use that information for harm reduction purposes. Samples are sent to the Wedinos laboratory in Cardiff anonymously and the test results posted online, identified by a reference number. The service is open to the public. "It's essential intelligence for our health workers, for our substance misuse workers, for the police, for young people and their families. By providing timely and accurate information this service can save lives," explained Welsh Health Minister Mark Drakeford. This is the first government-funded program of its type in the United Kingdom.

Dutch Cities Call for Legal Marijuana Cultivation; Government Says No. Eight of the Netherlands' 10 largest cities, including Amsterdam and Rotterdam, signed a joint manifesto Friday calling for the creation of "a national system of certified and regulated cannabis cultivation." Another 25 municipal councils also signed on. While the Netherlands allows for the sale of marijuana through its famous cannabis coffee shops, growing marijuana remains illegal. "We want cannabis cultivation to be regulated so the national market is manageable and more transparent, and to decrease the influence of organized crime," said the manifesto. Justice Minister Ivo Opstelten rejected the proposals: "I really don't think this is the solution," the Liberal minister told Dutch public television. "Mayors just have to learn to live with it," he said.

Marijuana Growing Courses Underway in Uruguay. Uruguay's National Cannabis Federation has launched special training courses on cultivation of the popular plant, local media reported. Some 50 would-be growers are currently enrolled.

Drug War Issues

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