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Chronicle AM -- May 16, 2014

The DEA is in the hot seat, it looks like Minnesota will be the next medical marijuana state (but they won't be able to smoke it), California could actually get around to regulating its dispensary system, California voters will vote on whether to drug test doctors (!), the Russians are snarking about Afghanistan, and more. Let's get to it:

DEA administrator Michele Leonhart may be approaching her "sell by" date, and so may the agency she heads. (doj.gov)
Marijuana Policy

Federal Grand Jury Investigating Northern California County's "Pay to Plead Down" Program for Marijuana Defendants. Critics of the Mendocino County program that offers pot defendants a chance to cop a plea to a lesser charge in exchange for "sizeable restitution payments" call it the "Mendo shakedown." Under the program, defendants agree to pay $50 for each plant seized and $500 per pound, typically in exchange for a misdemeanor plea. It has generated $3.7 million in payments to local law enforcement agencies, and supporters say it is a way to reduce the logjam of marijuana cases, not subject local growers to harsh sentences, and compensate police for their marijuana enforcement work. Now, a federal grand jury is looking into it. The Santa Rosa Press-Democrat has a lengthy report; click on the link.

Medical Marijuana

California Medical Marijuana Regulation Bills Poised for Movement. Two bills seeking to bring some order to California's Wild West medical marijuana industry are set to move in coming days. Assembly Bill 1894, filed by Tom Ammiano (D-San Francisco) could get a floor vote in the Assembly before month's end, which it must do to stay alive. In the Senate, a similar -- but not a companion -- bill will go the Appropriations Committee on Monday. Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), also must pass out of its chamber of origin by the end of the month or it dies, too.

Minnesota Will Get Medical Marijuana, But Not Buds. Under a compromise reached by lawmakers Thursday, Minnesotans will get a medical marijuana bill, but they won't be able to smoke their medicine. They can only use it in the form of liquids, pills, or oils, and they can vape, but not smoke it. Both houses had passed bills last week, with the House version being more restrictive. Gov. Mark Dayton (DFL) said Thursday he will sign the compromise measure. That would make Minnesota the 22nd medical marijuana state.

New York Medical Marijuana Bill to Get Senate Committee Vote Tuesday. The long-stalled effort to pass a medical marijuana bill in the Empire State could take a big step forward Tuesday. That's when the Senate Health Committee will take up Senate Bill 4406. The Health Committee is only the first stop in the Senate, though; it must then pass the Senate Finance Committee before going to a Senate floor vote.

New York Republican Files No Smoking Medical Marijuana Bill. State Sen. Phil Boyle (R-Bay Shore) has filed a bill that would allow for the use of medical marijuana, but bar "delivery through smoking." The bill is Senate Bill 7509, and it could signal a possible compromise that Senate Republicans could get behind.

Oregon Circuit Court Judge Rules State Medical Marijuana Law Conflicts With Federal Law; Is Unenforceable. In a case involving the right of the city of Medford to revoke the business license of a dispensary, a Jackson County circuit court judge has ruled that the state's Oregon Medical Marijuana Act is "unenforceable" because it conflicts with federal law. Expect the decision to be appealed.

Drug Policy

DEA Head Chastened After Being Taken to the Woodshed Over Sentencing Remarks. DEA Administrator Michele Leonhart's lack of support for Obama administration mandatory minimum sentencing reforms at a congressional hearing last month got her a good talking to from her boss, Attorney General Eric Holder, The Huffington Post reports. She's been off the reservation on other issues as well, especially around the administration's relatively enlightened approach to marijuana policy, and just this week, her agency has been messing with Kentucky's effort to do legal hemp research. But it was her refusal to endorse changes in mandatory minimums that got her sent to the boss's office. Now, the DEA says Leonhart "supports the Attorney General's sentencing reform initiative."

Drug Policy Expert Mark Kleiman Says It May Be Time to Do Away With DEA. In the same Huffington Post piece cited above, drug policy expert and current advisor to the state of Washington on marijuana legalization implementation Mark Kleiman said that while, in the past, he opposed dissolving the DEA and splitting its function, he is changing his tune. "Any DEA administrator feels an organizational imperative to support the existing drug laws and sentencing structure, even when doing so means opposing the purposes of the attorney general and the president, as we see currently," Kleiman said. "So I'd be inclined to reconsider my former opposition to merging the DEA" and perhaps the Bureau of Alcohol, Tobacco, Firearms and Explosives, into the FBI. "That would allow the combined agency to turn the skills and aggression of today's DEA agents against gun traffickers, cigarette smugglers, and purveyors of political violence."

Drug Policy Alliance Calls for DEA Head to Resign. The Drug Policy Alliance has had enough of DEA head Michele Leonhart. Today, Bill Piper, the group's head of national affairs, called on her to resign. "For months Drug Enforcement Administration (DEA) Administrator Michele Leonhart has openly rebuked the drug policy reform policies of Attorney General Eric Holder and President Obama with one embarrassing statement after another," he wrote. "Now she is picking a fight with Minority Leader Mitch McConnell (R-Y) and other members of Congress over hemp. Meanwhile the Department of Justice's Office of the Inspector General has launched an investigation into multiple scandals plaguing the agency. It is clear that Leonhart lacks the ability to lead and should resign. Activists are using the Twitter hashtag #FireLeonhart." There's much more at the link.

Drug Testing

California Initiative to Drug and Alcohol Test Doctors Qualifies for November Ballot. An initiative that would require drug and alcohol testing of doctors and the reporting of a positive result to the state medical board has qualified for the November ballot. The Secretary of State's office announced yesterday that the Troy and Alana Pack Patient Safety Act of 2014 would also require that doctors be suspended pending investigation of a positive test and that the board take disciplinary action if the doctor was impaired while on duty. The measure also requires doctors to report other doctors they suspect of drug or alcohol impairment and requires health care practitioners to consult the state's prescription drug database before prescribing certain controlled substances.

Law Enforcement

No Drugs Found in Raid Where Texas SWAT Officer Was Killed. Oops. The pre-dawn, no-knock home invasion drug raid that ended up with one Killeen SWAT officer shot dead and three more wounded didn't find any drugs. Killeen Police Detective Charles Dinwiddie died trying to execute a search warrant after an informant said he had spotted "bags of cocaine" at the residence, but all the raiders came up with was a glass pipe. Dinwiddie is the second Texas law enforcement officer to die in a pre-dawn, no-knock drug raid in the past five months. A grand jury refused to indict the shooter in the first case. Stay tuned to see what happens in this one.

International

Russians Call for Single International Drug Office to Deal With Afghan Heroin. Viktor Ivanov, Russia's chief anti-drug official, said Thursday that all of the various international efforts to stifle the Afghan drug trade should be merged into a single, internationally-supervised office. "We suggest the creation of an international headquarters or an office for combating the planetary center of drug production in Afghanistan. The goal of the HQ would be to consolidate the currently separate anti-narcotic programs in Afghanistan and to create an effective, internationally-supervised mechanism to eradicate drug production," Ivanov said. He also implicitly criticized the US and the West for letting opium cultivation get out of control while NATO forces occupied the country. The effort had been "a fiasco," he said. Ivanov is among the Russian officials sanctioned by Washington in response to the Ukraine crisis.

Lebanese Cannabis Farmers Benefiting from Syrian Conflict. Lebanese security forces are too busy dealing with the Syrian civil war raging on the country's border to pay much attention to a reviving cannabis industry in the Bekaa Valley, The Financial Times reports. Lebanese security forces quit raiding the Bekaa's pot farms two years ago, fearful of creating more unrest, and last year the crop brought in an estimated profit of $175 million to $200 million. "You couldn't make this kind of money growing gold," one farmer laughed. While some Lebanese politicians, including Druse leader Walid Jumblatt, have called for legalizing the crop, the farmers don't agree. The profits are too good, they said.

Four Mexican Soldiers Killed in Apparent Cartel Attack in Jalisco. Four soldiers were killed in the western state of Jalisco earlier this week when the military truck they were riding in was attacked in Guachinango, about 80 miles from the state capital of Guadalajara. The attackers crashed a pick-up truck into the army vehicle, setting it ablaze, then opened fire. Investigators suspect the attack was staged by the Jalisco New Generation cartel, which is in a turf war with the Knights Templars cartel in neighboring Michoacan. There are accusations that New Generation has allied itself with some of the vigilantes fighting the Knights Templar.

Saudi Arabia to Drug Test All Public Employees. Newly recruited teachers are first in line, but all public employees of the Saudi state are going to be drug tested, according to local media reports. The move is intended to "counter the increasing abuse of narcotics in the country's public service," the reports said.

Chronicle AM -- May 12, 2014

Elderly senators grumble about new-fangled rules allowing legal marijuana businesses to use the financial system, there are more legalization polls, an Oklahoma US Senate candidate is talking marijuana reform, there is medical marijuana initiative news, Minnesota passes asset forfeiture reform and the governor signs it, and more. Let's get to it:

Oklahoma state Sen. Constance Johnson (D) is running for the US Senate and talking marijuana reform. (oksenate.gov)
Marijuana Policy

Feinstein, Grassley Try to Thwart Normalized Marijuana Banking. Sens. Dianne Feinstein (D-CA) and Charles Grassley (R-IA) aren't happy with the Obama administration's efforts to find a way to let marijuana businesses in states where it is legal have access to the financial system. They sent a letter to the Financial Crimes Enforcement Network (FinCEN) complaining about the guidance it was offering banks "on providing financial services for drug traffickers," in Grassley's words. FinCen responded here, but that wasn't good enough for the crusty drug warriors. Now, Grassley has responded to the response, maintaining that "unless federal law is changed, selling marijuana, laundering marijuana proceeds, and aiding and abetting those activities all remain illegal" and that "FinCEN's guidance to financial institutions is absolutely contrary to the mission of the agency." Click on the title link to read the rest.

Connecticut Poll Has 52% for Legalization. A Quinnipiac University poll released Monday has support for marijuana legalization at 52% among Connecticut voters, who also said overwhelmingly that alcohol was a bigger health problem than pot. A whopping 80% of voters under 30 supported legalization. Voters also supported having medical marijuana dispensaries in their towns by a margin of more than two-to-one. The state legalized medical marijuana in 2012.

New Mexico Poll Has Only 40% for Legalization, But… an Albuquerque Journal flash poll had support for marijuana legalization at 40%, with 47% opposed. The poll only asked only if marijuana should be legalized, however, without specifying what legalization might look like. A poll done last year for the Drug Policy Alliance got 53% support for legalization when it asked whether marijuana should be legalized for adults so that it could be taxed and regulated, like alcohol, with restrictions on where it could be bought and consumed.

Colorado Marijuana Tax Revenues Top $20 Million So Far This Year. The state Department of Revenue released figures last Thursday showing that revenues from adult and medical marijuana taxes, licenses, and fees were at nearly $22 million for the first three months of the year. The state reported that March adult marijuana sales hit $19 million, up $5 million over February, while medical marijuana sales were about $34 million.

Push Underway to Decriminalize Toledo. A petition drive is underway for a municipal initiative to decriminalize small-time marijuana possession in the Northwest Ohio city. The initiative is sponsored by the Toledo NORML chapter, which says it has already collected 2,800 signatures. It needs 3,800 valid signatures to qualify for the November ballot.

Oklahoma's Leading Democratic US Senate Candidate Pushes Marijuana Law Reform. State Sen. Constance Johnson (D-Oklahoma City), the leading candidate for the state's Democratic Party US Senate nomination, is the author of repeated failed medical marijuana bills in the state legislature and is currently working to get a legalization initiative on the November ballot. A Democrat winning a Senate seat in Oklahoma is a long shot, but Johnson says she hopes marijuana will drive voters to the polls. "This whole issue, to me, is not about smoking marijuana. It's about criminalizing it. That's where these young people stand to be hurt the most. They get that," said Johnson. "Unless we change who's voting, things will stay the same," she said. "It's time to send a message -- not only to the policymakers... but to the people -- that we can change this." You can do that by putting marijuana on the ballot, she said.

Medical Marijuana

Minnesota Governor Says He Will Sign House Bill. Gov. Mark Dayton (DFL) sent a letter Friday to lawmakers saying he could sign the medical marijuana bill passed by the House. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor. A stronger bill, Senate File 1641, has passed the Senate, but Dayton didn't say he could sign that one. Now, the Senate must accept the House version or try to reach a compromise in conference committee.

Ohio Medical Marijuana Initiative Campaign in Midst of Signature-Gathering. The Ohio Rights Group is leading a signature-gathering campaign to put a medical marijuana (and hemp) initiative on the November ballot. They need to collect 385,000 valid voter signatures by July 5. They had 50,000 signatures on March 1 and haven't reported any more recent figures, but the campaign has been ramping up this month.

Arkansas Attorney General Again Rejects Medical Marijuana Initiative Language. Attorney General Dustin McDaniel has once again rejected the proposed wording for a medical marijuana initiative from Arkansans for Medical Cannabis. This is about the sixth time he has rejected proposals from the group. Meanwhile, another initiative, this one from Arkansans for Compassionate Care, is in the signature-gathering phase. The Arkansas Medical Cannabis Act needs some 65,000 valid signatures to qualify for the November ballot.

Asset Forfeiture

Minnesota Governor Signs Asset Forfeiture Reform Bill. Last week, Gov. Mark Dayton (DFL) signed into law Senate File 874, which forces authorities to actually convict someone of a criminal offense or get a guilty plea before seizing his property. The bill also forces the government to prove the property was the instrument or proceeds of crime. Previously, it had been up to the victim of the seizure to prove it was not connected to crimes.

Drug Testing

Federal Judge Rejects City of Key West Prospective Employee Drug Testing. A US district court judge has ruled that Key West's policy of drug-testing prospective employees is illegal. The ACLU of Florida had brought suit on behalf of a woman who was offered a job as the city's recycling coordinator, but had the job offer rescinded after she refused a drug test. The city failed to demonstrate "a special need or important government interest which justifies the policy's Fourth Amendment intrusion," Judge James Lawrence King held. And while the city argued that the tests should be allowed because job applicants were forewarned, King wasn't buying it. The law doesn't allow a government entity "to violate a person's rights under the Fourth Amendment so long as prior notice of the impending violation is given," he ruled.

International

Heroin Maintenance Coming to Norway? The Norwegian city of Bergen has proposed undertaking a program of heroin maintenance, or heroin-assisted treatment (HAT). Norway has long been skeptical of opioid maintenance therapies, allowing the use of methadone only in 1998. Dr. Ola Josendal, director of addiction medicine at Haukeland University Hospital proposed HAT clinical trials in December, but the national health minister rejected them. Now, however, the Labor Party, the largest bloc in parliament, is in favor, so it could happen. Stay tuned.

Bermuda Cannabis Reform Collaborative Says Decriminalize It. A panel tasked with examining Bermuda's marijuana laws issued its report last Friday, and it calling for the decriminalization of small-time pot possession, allowing people to grow a small number of plants, and allowing the medical use of the plant on the island. Marijuana prohibition is not working, the report said.

Mexico's Plan to Demobilize Anti-Cartel Vigilantes Hits Snags. Anti-cartel vigilantes in the state of Michoacan were supposed to begin laying down their arms and integrating into a new rural police force Saturday, but The Washington Post reports that the process isn't exactly going smoothly. The vigilante groups formed more than a year ago with an apparent wink and nod from the government and managed to drive the Knights Templar cartel out of parts of the state, but now, the government fears they may get out of control. Click the link for a full report.

(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

Medical marijuana remains on the agenda at statehouses across the country, Oregon communities decide whether to bother with temporary dispensary moratoriums, DC looks to expand its medical marijuana program, and more. Let's get to it:

Arizona

Last Thursday, medical marijuana advocates began a recall effort against state Sen. Kimberly Yee for blocking funding of a study of marijuana as a treatment for PTSD in veterans. The Phoenix NORML affiliate and the Arizona Veterans Assistance Committee have undertaken a campaign to make the Phoenix Republican pay a price. They'll need to collect 18,297 signatures from Legislative District 20 by August 2.

California

Last Thursday, a district judge upheld Bakersfield's ordinance banning dispensaries. A group called Concerned Citizens for Bakersfield had filed a lawsuit to block it, arguing that the city hadn't complied with environmental requirements, but the judge wasn't buying it.

Also last Thursday, Assemblyman Tom Ammiano reintroduced his medical marijuana regulation bill. The San Francisco Democrat's new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut

Last Thursday, Connecticut picked locations for six dispensaries. The state Consumer Protection Commissioner announced that facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville had been authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

District of Columbia

On Tuesday, a medical marijuana expansion bill was filed. The bill, sponsored by Councilmembers Yvette Alexander and David Grosso, would permit doctors to recommend medical marijuana to patients suffering from any condition for which it provides medical benefits. Patients would then be allowed to apply to the Department of Health for acceptance in the District's medical marijuana program. All 13 members of the council are now cosponsors.

Illinois

Last Wednesday, a CBD medical marijuana bill passed the Senate. The bill would allow children to use high-CBD cannabis oil to treat epilepsy. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Maryland

On Monday, the state legislature passed a medical marijuana expansion bill. The bill would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Minnesota

Last Thursday, medical marijuana supporters unleashed TV ads attacking Gov. Dayton for opposing medical marijuana. An aggressive TV ad targeted the DFL governor after he told a St. Paul mother and her seizure-ridden child to just find medical marijuana on the street!

On Tuesday, medical marijuana supporters tried to attach their stalled bill to a broader health bill. A standalone bill, House File 1818, has been stuck in committee, but supporters plan to propose it as an amendment to a separate health bill. The vote will come after the legislature returns from spring break later this month.

Missouri

On Tuesday, a House committee approved a CBD medical marijuana bill. The bill would permit use of "hemp extract" with little THC and high CBD. Patients would need to have epilepsy that a neurologist has determined is not responding to at least three treatment options. The bill is House Bill 2238, and it has the support of the Republican House leadership.

New Jersey

Last Thursday, a patient sued NJ Transit for denying him a job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

New Hampshire

On Wednesday, supporters rallied as a Senate committee considered a home cultivation bill. The measure, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Oregon

On Monday, the Newport city council enacted a moratorium on dispensaries. The council said the moratorium would remain until it could get rules and regulations in place, probably a few months. By state law, the moratorium must end by May 1, 2015.

Also on Monday, the Springfield city council rejected a moratorium on dispensaries. Other Lane County communities, including Florence, Junction City and Oakridge have approved one-year bans. Lane County and Veneta considered but decided against imposing moratoriums.

On Tuesday, the Coburg city council approved a moratorium on dispensaries.

South Carolina

Last Wednesday, the House passed a CBD medical marijuana bill. The bill allows people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

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

Chronicle AM -- April 7, 2014

Talk about unintended consequences! Faced with a declining US market share, Mexican marijuana farmers are switching to opium poppies. Plus, AG Holder has some words about rescheduling, the Maryland decrim bill is back from the dead, it looks like 2016 for California legalization, and more. Let's get to it:

With declining US market share, Mexican marijuana farmers are switching to poppies. (unodc.org)
Marijuana Policy

Holder Says Obama Administration "Willing to Work" With Congress to Reschedule Marijuana. Attorney General Eric Holder said Friday that the Obama administration would be willing to work with Congress if lawmakers want to reschedule marijuana. Holder did not mention that the administration, and he personally, already have the statutory authority to reschedule marijuana, without needing further permission from Congress. Either way, recategorizing marijuana would not legalize the drug under federal law, but it could ease restrictions on research into marijuana's medical benefits and allow marijuana businesses to take the usual tax deductions, e.g. not pay taxes on money that has been paid out for things like rent or payroll. "We'd be more than glad to work with Congress if there is a desire to look at and reexamine how the drug is scheduled, as I said there is a great degree of expertise that exists in Congress," Holder said during a House Appropriations Committee hearing. "It is something that ultimately Congress would have to change, and I think that our administration would be glad to work with Congress if such a proposal were made." 

Okay, There Will Be No California Legalization Initiative This Year. Proponents of the last two California marijuana legalization initiatives still alive this year have thrown in the towel. Dave Hodges, proponent of the Marijuana Control, Legalization & Revenue Act (MCLR) announced today that it will not meet an April 18 signature-gathering deadline, while Berton Duzy, proponent for the revived California Cannabis Hemp Initiative (CCHI), which has received a signature-gathering extension, conceded that "We're not going to make 2014." In California, it's now all eyes on 2016.

Maryland Decriminalization Returns from the Dead, Passes House. Defying a powerful committee chairman who tried to derail a decriminalization bill by turning it into a study bill, House delegates Saturday passed House Bill 879 by a vote of 78-55. Final procedural votes on both measures are expected today, the last day of the session.

Delaware Governor "Willing to Discuss" Softer Marijuana Penalties. Gov. Jack Markell (D) is "willing to discuss" changes that would reduce penalties for the possession of small amounts of marijuana, according to a spokesman for the governor. "The governor has supported making marijuana available for medical purposes and DHSS expects to license a dispensary that can open in Delaware this year," Markell spokesman Jonathon Dworkin said in a statement. "The governor is willing to discuss changing the penalty for possession of small amounts of marijuana from jail sentences to just fines, but he would not support full legalization at this time without further studies and evidence of its consequences."

Thousands Rally at Annual Ann Arbor Hash Bash. An estimated 8,000 people gathered at the University of Michigan in Ann Arbor for the 42nd annual Hash Bash over the weekend. Police warned that people who toked up could get arrested, but that didn't seem to stop anybody. As The Detroit Free Press noted, "the event's usual plume of smoke hung over the crowd."

University of Colorado Will Close the Campus Again for 4/20. University of Colorado officials will close the Boulder campus on April 20 for the third straight year to prevent thousands of celebrants from marking the stoner holiday on campus. From noon to 6:00pm on April 20, CU faculty, students and staff will be required to show identification to enter campus. Officials brushed aside student complaints.

Medical Marijuana

Washington State Appeals Court Upholds Local Ban on Collective Gardens. The Washington Court of Appeals last week upheld the city of Kent's ban on medical marijuana collective gardens, ruling that the ordinance is not preempted by state law. The case is Cannabis Action Coalition et al. v. City of Kent et al.

Hemp

Nebraska Governor Signs Hemp Research Bill. Gov. Dave Heineman (R) last week signed into law Legislative Bill 100, which allows University of Nebraska campuses to grow hemp for research purposes. This is the first such bill to pass since Congress authorized search research when it accepted a hemp amendment to the omnibus agriculture bill this fiscal year.

Drug Testing

Michigan Suspicion-Based Welfare Drug Testing Bill Polls Well. Suspicion-based drug testing for welfare recipients has broad support across Michigan, a new poll shows. The poll, conducted by Marketing Resource Group, finds that 77% of respondents support legislation that would require the Department of Human Services to test welfare recipients suspected of using drugs, then send recipients with positive tests to rehab. House Bill 4118 has already passed the House and Senate, but was amended in the latter chamber, so it still needs another House floor vote.

Law Enforcement

California Bill Would Create Zero-Tolerance DUID Law. A bill that would make the presence of any detectable amount of any controlled substance, including prescription drugs, evidence of drugged driving has been filed in the Assembly. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Solano) is before the Assembly Public Safety Committee.

Colorado Bill Would Make Mere Drug Possession Evidence of Child Endangerment. Under a bill introduced by state Sens. Andy Kerr (D-Lakewood) and Linda Newell (D-Littleton), the mere possession or use of illicit substances would be grounds for a claim of child endangerment. Senate Bill 178 was filed April Fools' Day, but it's no joke.

International

With Declining US Market Share, Mexican Farmers Switch from Marijuana to Opium. With the wholesale price of marijuana falling -- driven in part by decriminalization or legalization in sections of the United States -- Mexican drug farmers are turning away from cannabis and filling their fields with opium poppies, according to this lengthy article from The Washington Post. That means more, cheaper heroin for the US market. Pot farming "isn't worth it anymore," one farmer complained. "I wish the Americans would stop with this legalization." David Shirk, a Mexico researcher at the University of California at San Diego, told The Post, "When you have a product losing value, you diversify, and that's true of any farmer… The wave of opium poppies we're seeing is at least partially driven by changes we're making in marijuana drug policy."

Filipino Drug Warrior Mayor Issues Shoot-to-Kill Order for Cocaine Sellers. Davao City Mayor Rodrigo Duterte, a man never known for letting human rights get in the way of his war on drugs, has issued a shoot-to-kill order against anyone selling cocaine from eight bricks of the drug still missing after police seized 64 of the one-pound packages. "Once they go out and use or sell them, they will become drug lords. I have a shoot-to-kill order, especially if they resist arrest -- if they do that, we can enforce the shoot-to-kill," Duterte said.

Jamaican Marijuana Growers Association Is Launched. A group of influential Jamaicans gathered Saturday to formally launch an association of supposed future marijuana cultivators as momentum builds toward loosening laws prohibiting pot on the Caribbean island. Some 300 people assembled at a conference center in downtown Kingston to officially launch the Ganja Future Growers and Producers Association. Among other things, the group will lobby for creation of a regulated cannabis industry on the tropical island famed for its marijuana cultivation. The government has been making some promising noises about medical marijuana and decriminalization, but there is nothing definite so far.

Chronicle AM -- April 2, 2014

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

Aghanistan opium poppy field (unodc.org)
Marijuana Policy

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

Medical Marijuana

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

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

Drug Policy

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

Prescription Drugs

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

Law Enforcement

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

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

International

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

Chronicle AM -- March 31, 2014

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

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

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

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

Drug Testing

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

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

Law Enforcement

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

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

Sentencing

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

International

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

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

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

Medical Marijuana Update

Whew! Busy, busy, busy at the statehouse, with both traditional medical marijuana bills and newfangled CBD medical marijuana bills getting lots of attention. And more. Let's get to it:

Alabama

Last Friday, the Alabama legislature unanimously passed a CBD medical marijuana bill. Senate Bill 174 now goes to the governor's desk.

Arizona

Last Friday, a Maricopa County Superior Court judge ruled that marijuana extracts are legal for medical marijuana patients. Judge Katherine Cooper rejected the view of state Health Director Will Humble that the 2010 voter-approved law allows patients to smoke or otherwise consume only pieces of the actual plant. Cooper said nothing in the initiative backs that contention.

Arkansas

Last Friday, Attorney General Dustin McDaniel rejected the ballot title for a medical marijuana initiative. He rejected the wording for an initiative from Arkansans for Medical Cannabis, but another initiative, from Arkansans for Compassionate Care, has already been approved and is in the signature-gathering process.

California

On Tuesday, the Martinez city council voted to limited person medical grows to six plants. The 3-2 vote was a first vote; a second and final vote is set for April 2. The council voted for the restrictions over the objections of all but one speaker at the well-attended meeting.

Also on Tuesday, Fresno County supervisors fined two people $73,000 for growing marijuana plants at their homes. Under the county's new cultivation ban, which took effect in February, the county can fine residents $1,000 per plant. A man from the Kerman area was fined $30,000 for planting marijuana in his garage. A woman who lives west of Sanger was fined $43,000 for each plant found at her mother's home. Her mother also can be on the hook through a property lien.

Also on Tuesday, Sonoma County supervisors rejected a proposed Santa Rosa dispensary. They said the proposed Sonoma County Collective dispensary was too close to a residential area and two school bus stops, but the collective claimed supervisors were just using zoning rules to prevent such businesses from opening.

Florida

On Monday, a CBD medical marijuana bill passed a Senate committee. The measure passed through the Senate Criminal Justice Subcommittee on Monday. Senate Bill 1030, sponsored by Sen. Rob Bradley (R-Fleming Island), Sen. Aaron Bean (R-Fernandina Beach), and Sen. Jeff Brandes (R-St. Petersburg) would only allow patients to use extracts containing at least 15% CBD and less than 0.5% THC. The House companion bill, House Bill 843, differs in several ways. The two measures would have to be reconciled if both pass their respective chambers.

Georgia

Last Thursday, a CBD medical marijuana bill died as the legislative session ended. House Bill 885 fell victim to parliamentary maneuvering as the session neared an end. After it passed the House, Senate leaders tied it to a favored autism bill and approved that, but the House never voted on the merged bill. Rep. Allen Peake (R-Macon), the bill's sponsor, vowed to try again next year.

Illinois

On Tuesday, a bill to let minors and epileptics use medical marijuana was approved by a Senate committee and now heads for the Senate floor. Filed by Sen. Iris Martinez (D-Chicago), the measure is Senate Bill 2636.

Iowa

Last Wednesday, a bipartisan group of senators filed a resolution for a legislative study of medical marijuana. The lawmakers, five Republicans and five Democrats, cosigned Senate Resolution 112, which seeks an examination on establishing a medical use of cannabis program in Iowa. Actual medical marijuana bills have gone nowhere in the Hawkeye State.

Kentucky

Last Wednesday, a CBD medical marijuana bill passed the House Judiciary Committee. It would allow the use of CBD cannabis oil for children suffering seizures passed the House Judiciary Committee last week and now heads for a House floor vote. Senate Bill 124 has already passed the Senate.

Maryland

On Tuesday, a medical marijuana expansion bill passed the Senate Judicial Proceedings Committee. Senate Bill 923 was amended in committee to remove a cap on the number of growers in the state and include a study on how to best provide medical marijuana to veterans. It has already passed the House and now heads to the Senate floor.

New York

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

Oregon

Last Wednesday, the Oregon Health Authority released draft rules for dispensaries that bar the sale of edibles. Although medical marijuana will be available at the dispensaries, the agency wants to ban sweets containing the drug because they could be attractive to young people. But dispensary advocates say patients who take the drug orally need the sweetened pot products. They say a little sugar helps the bitter medicine go down.

South Carolina

Last Thursday, a CBD medical marijuana bill advanced to the Senate floor. The Senate Medical Affairs Committee unanimously approved Senate Bill 1035, but only after it was amended to only include clinical trials testing federally approved drugs.

Tennessee

Last Wednesday, supporters of a medical marijuana bill pronounced it dead. The Koozer-Kuhn Medical Cannabis Act died without action in the Senate. House Bill 1385, sponsored by Rep. Sherry Jones (D-Nashville) also got no respect in the House, where the Health Subcommittee heard unscheduled testimony opposing it from the Department of Health and the hearing ended without Jones being able to present an amendment to the bill and get a vote on it.

Utah

Last Friday, Gov. Gary Herbert (R) signed a CBD medical marijuana bill into law. The law will allow children with severe epilepsy to obtain a medical marijuana-derived extract they say helps with seizures. The bill is House Bill 105.

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

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.

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