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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.

Chronicle AM -- January 28, 2014

The hemp amendment gets included in the farm bill, Colorado's Supreme Court will review medical marijuana patients' employment rights, we have a couple of drug war horror stories, Mexico's security apparatus is joining forces with anti-cartel vigilantes, Saudi Arabia's premarital drug testing program isn't working, and more. Let's get to it:

Destiny Hoffman sat in jail for 154 days after a drug court judge forgot about her. (Clark Co. Jail)
Marijuana Policy

New Poll Has Rhode Island Majority for Legalization. A Public Policy Polling survey conducted at mid-month has 53% of Rhode Island voters in favor of changing state law to regulate and tax marijuana like alcohol. Only 41% were opposed.

Wisconsin Marijuana Legalization Bill to Be Filed. State Rep. Melissa Sargent (D-Madison) is looking for cosponsors for a marijuana legalization bill. The bill, not yet filed, would allow adults to possess limited amounts of pot and create a system of regulated marijuana commerce.

Medical Marijuana

Colorado Supreme Court to Review Case of Fired Medical Marijuana Patient. The state Supreme Court announced Monday that it would review the case of Brandon Coats, a quadriplegic who was fired from his job for using medical marijuana on his own time. For the first time, the court will consider whether the state constitution gives residents a right to use medical marijuana. A state appeals court had ruled that patients don't have a right to use marijuana, and that employers can fire them for any marijuana use.

Georgia CBD Medical Marijuana Bill to Be Filed Today. State Rep. Allen Peake (R-Macon) was expected to file a bill today that would allow children suffering from epileptic seizures to use high-CBD cannabis oil. The bill has not appeared on the legislative web site as of this afternoon.

Hemp

Hemp Amendment Included in Farm Bill, Votes Coming Soon. Congressional negotiators have included an amendment allowing for research into the uses of industrial hemp in the omnibus farm bill. Votes in both houses of Congress are expected soon.

Drug Testing

Testing for Drugs of Abuse a Multi-Billion Dollar Industry. Thar's gold in them thar urine samples, and we're not talking about the color of the liquid within. According to a new research report from Transparency Market Research, the global market in testing for drugs of abuse was valued at $2.6 billion in 2012 and is expected to grow at an annual rate of 4.8%, reaching a value of $3.4 billion by 2018. The report notes that North America, including the US, is the largest market for drug testing, followed by the UK, Japan, Germany, and other European countries.

White House Okays Drug Testing Database Plan for Truckers. The White House's Office of Management and Budget Monday signed off on a Department of Transportation draft rule that would establish a central database for positive drug and alcohol tests for commercial driver's license holders. Such a move was required by the 2012 highway spending authorization bill. It would require the employers of CDL license holders to report positive test results and refusals to the central database. Previously, results were only disclosed by carriers to other carriers seeking employment verification.

Law Enforcement

Drug Dog Bites Off Part of Woman's Face. An Oklahoma woman suffered severe injuries after a police drug dog searching her vehicle lunged into her car and bit her in the face. Emily Newman had been pulled over for speeding when a Cherokee Nation marshal asked if he could have a drug dog sniff her vehicle. The officer took her to a nearby hospital, while another officer took a family member back to the scene to pick up a piece of her face left lying on the road. It was later stitched back on at the hospital. Police said unspecified drug charges are pending.

Drug Court Judge Forgets He Jailed Woman for 48 Hours; She Rots There for 154 Days. An Indiana woman sentenced to 48 hours in jail for having violated her drug court program sat there for more than five months because her judge failed to order her release. Emily Hoffman had provided a diluted drug test, and drug court Judge Jerry Jacobi ordered her "to be held until further order of the court." The order was done without a hearing or the presence of legal counsel. Hoffman rotted behind bars until a county prosecutor reviewing old cases noticed her and ordered her immediately released. Hoffman's attorney said a civil suit is likely.

International

New Zealand Labor Party Not Interested in Marijuana Decriminalization. The Labor Party has no intention of decriminalizing marijuana even as it courts the Green Party as a potential coalition partner after upcoming elections. The Greens have long called for decriminalization and reiterated that call this week, but only half-heartedly, making clear that the issue wouldn't be a deal-breaker in coalition negotiations.

Saudi Arabia Premarital Drug Testing A Flop, Health Ministry Says. A mandatory drug testing program for prospective brides and grooms has proven useless in determining addiction levels and thus determining marriage eligibility, a top Health Ministry official said. The testing program was made mandatory after reports of widespread drug use among Saudi youth, but the ministry found that "addicts" fooled the test by abstaining from using drugs before undergoing it. [Editor's Note: "Addicts" who are able to abstain from their drug at will sort of beggar the notion of addiction.]

Canada Supreme Court Rejects Random Drug and Alcohol Testing of Employees. In a decision Monday, the Canadian Supreme Court ruled that an arbitrator's decision striking down an employer's random alcohol testing program was reasonable. The company, Irving Pulp and Paper, had unilaterally imposed the testing program, and the employees' union challenged it. The case is Communications, Energy and Paper Union of Canada, Local 30 v Irving Pulp & Paper, Ltd.

Mexico Reaches Agreement with Vigilantes to Form Rural Police. Mexican authorities and anti-cartel vigilantes in the western state of Michoacan reached an agreement Monday that would turn the paramilitary forces into "rural police." The agreement is "the integration of citizen groups into institutional life," the interior ministry said, and requires the vigilantes to provide a list of their members and arms to be vetted by security forces. In return, the authorities will provide the new rurales with "the necessary tools for their communication, movement and operation." The vigilantes are at war with the Knights Templar Cartel; some, including Knights Templar members, have accused them of being a front for another cartel, New Generation Jalisco.

Chronicle AM -- January 27, 2014

Florida's medical marijuana initiative will go to the voters in November, the DEA administrator is being both jeered and cheered for her criticism of President Obama's remarks on marijuana, the Supreme Court makes it harder to punish drug dealers for deaths related to their wares, and much more. Let's get to it:

Drug War Chronicle takes no position on the game.
Marijuana Policy

DEA Head Criticizes Obama Marijuana Remarks, Faces Calls to be Ousted. DEA Administrator Michele Leonhart last week got a standing ovation from a convention of sheriffs when she criticized President Obama's remarks on the relative safety of marijuana compared with alcohol. But now, drug reformers are calling for her head.

Colorado and Washington NORML in Superbowl "Bud Bowl" Challenge. The contenders in Sunday's NFL Superbowl game, the Denver Broncos and the Seattle Seahawks, both come from states where marijuana is legal. In honor of their hometown teams and their respective states' legal marijuana status, NORML chapters in Washington and Colorado have engaged in a friendly wager. If the Denver Broncos win, WA NORML has agreed to dress in Bronco colors of blue and orange and sing Karaoke-style Colorado's (second) official state song "Rocky Mountain High" by John Denver. If the Seattle Seahawks win, CO NORML will do the same, but in Seahawk blue and green and singing "Purple Haze" by Jimi Hendrix, a native son of Seattle. [Ed: StoptheDrugWar.org has no position on either the game or the wager.]

New Jersey State Senator Announces Plans to Introduce Marijuana Legalization Bill. State Sen. Nicholas Scutari (D) said late last week that he plans to introduce a bill to legalize marijuana. The bill is not yet filed, but envisions language that would tax and regulate marijuana like alchohol.

Harris County (Houston) DA Says Decriminalize It. Responding to Texas Gov. Rick Perry's (R) remarks last week in Davos that he supported decriminalization of marijuana possession, Harris County DA Devon Anderson said she agrees with his call for decriminalization.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes last Thursday reiterated his request that the Washington State Liquor Control Board increase the number of marijuana retail stores allowed in the city. The board has set the number at 21, but Holmes has said that is not going to be enough.

Oregon Marijuana Legalization Referendum Bill Filed. State Sen. Floyd Prozanski (D-District 4) and several cosponsors have introduced Senate Bill 1556, which would legalize, tax, and regulate marijuana possession and commerce for adults. If passed by the legislature, the measure would then go before voters on the November ballot.

Medical Marijuana

Florida Supreme Court Approves Medical Marijuana Initiative -- It's Going to the Voters! The Florida Supreme Court Monday removed the final obstacle to the state's medical marijuana initiative appearing on the November ballot. It rejected a challenge to the measure's language by Attorney General Pam Bondi (R). The initiative has already had enough signatures validated to qualify. Click on the link to read the opinion and the text of the initiative.

Guam Medical Marijuana Bill Now Calls for Referendum. Sen. Tina-Muna Barnes, sponsor of medical marijuana Bill 215, announced Monday that she has rewritten the bill "to allow for a referendum, thus placing the question before the People of Guam in the 2014 General Election." She made the change, she said, because "the overwhelming majority of senators from both parties felt that an issue of this importance should be decided by the people directly."

Medical Marijuana Dispensary Licenses Set To Be Awarded In Massachusetts. The state Department of Public Health says it hopes to award up to 35 medical marijuana dispensary licenses this week. More than a hundred applications have been submitted. State law allows up to five dispensaries in each county in the state.

Drug Testing

Bangor (PA) School District Wants Random Drug Tests for Teachers. A policy that would make the Bangor Area School District the only one in the state to require random, suspicionless drug testing of teachers is part of negotiations for a new union contract. The contract being discussed wouldn't impose random drug testing, but would require teachers to put it to a vote. The issue came to the fore in the area after a teacher died of a heroin overdose in the apartment of a wrestling coach in 2009.

Illinois Welfare Drug Testing Bill Introduced. State Rep. Dwight Kay (R-Glen Carbon) has introduced a bill that would require welfare applicants to undergo a drug test before becoming eligible to receive benefits. House Bill 4255 does not include an intermediary step of drug screening to determine which applicants are likely to be drug users, but goes straight to testing all applicants. The federal courts have found similar laws unconstitutional.

Sentencing

US Supreme Court Restricts Heroin Death Sentencing Enhancement. The US Supreme Court ruled Monday that a heroin dealer cannot be held liable for a customer's death if the heroin use was only a contributing factor and not necessarily the sole cause. Federal law imposes a 20-year mandatory minimum sentence when "death or serious injury results from the use" of an illegal drug, and prosecutors have used the statute to win the tough sentences, but the high court held Monday that prosecutors must prove that the drug was the specific cause of death, not just a contributing factor. The case is Burrage v. United States.

San Francisco Jail Population Dropping Because of Decrease in Drug Arrests. A report from the San Francisco board of supervisors' budget analysts says the jail population has dropped because of decreased drug arrests and city policies that promote alternatives to incarceration. The jail population is down 30% since 2008. The report comes as supervisors wrangle over whether the city needs a new jail and how big it should be.

Law Enforcement

DEA Busts Bitcoin Exchange CEO for Silk Road Money Laundering. Charlie Shrem, the CEO of BitInstant, a Bitcoin exchange, has been arrested by the DEA and is charged with money laundering for selling over $1 million in Bitcoins to users of the Silk Road dark web drug sales site, who used the currency to buy drugs there. Shrem faces federal money laundering charges. Shrem and an unnamed coconspirator were both charged. "Hiding behind their computers, both defendants are charged with knowingly contributing to and facilitating anonymous drug sales, earning substantial profits along the way," DEA agent James Hunt said in a release.

Virginia Bill to Criminalize "Secret Compartments" Filed. A bill introduced by state Sen. Chap Petersen (D-Fairfax) would make it a crime to knowingly have a secret compartment in a car -- even if there isn't anything in it. The bill, Senate Bill 234, makes having such a compartment a felony and defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

International

Mexican President Invites Anti-Cartel Vigilantes to Join Security Forces. Mexican President Enrique Pena Nieto said last Thursday that anti-cartel vigilantes or militias were a result of institutional weakness within national security forces and asked them to join those same security forces. He asked them to do "to do it by observing the principles and formalities of the law, fulfilling the requirements to become part of the security corps." The vigilantes are engaged in ongoing battles with the Knights Templar cartel in the state of Michoacan.

Dutch MP Calls on Government to Allow Marijuana Growing Pilot Projects. Labor MP Marith Rebel called last week for Justice Minister Ivo Opstelten to allow experiments with the legal production of marijuana. "Turning a blind eye to the fact the cafes are selling marijuana but not recognizing the fact they also have to buy it is helping criminals," Rebel said. Opstelten last month rejected calls from local councils to allow regulated grows, even though polls show majority support for the move.

New Zealand Greens Will Push for Marijuana Decriminalization, But Not Too Hard. New Zealand's Green Party says it will push for decriminalization in any post-election negotiations with Labor, but that the issue will not be a deal breaker. "I would like to progress a vast amount of our policy, and that would be one," said party coleader Metiria Turei. "We believe a drug-free lifestyle is the healthiest, but we don't believe people should be convicted of a crime, adults, if they smoke cannabis. So we still consider decriminalization is the wisest policy." But she also said the party had no bottom lines as it ponders the prospect of a coalition government with Labor.

Federal Judge Throws Out Florida Welfare Drug Test Law

In a ruling out of Orlando Tuesday, US District Court Judge Mary Scriven permanently halted enforcement of Florida's suspicionless drug testing of welfare applicants and recipients. The 2011 law had been in abeyance since a preliminary injunction was issued against it earlier.

"There is nothing inherent in the condition of being impoverished that supports the conclusion that there is a concrete danger that impoverished individuals are prone to drug use," Scriven wrote in her opinion in Lebron v. Florida Department of Children and Families. She found that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied."

The law required anyone applying for welfare benefits to undergo a drug test without any particularized suspicion that he or she was using drugs. The federal courts have been loath to okay suspicionless drug testing, with a few notable exceptions for workers in public safety positions and some school kids.

Luis Lebron, the plaintiff in the case, who is also the sole caretaker of his disabled mother, was a 35-year-old full-time student at the University of Central Florida when he applied for temporary assistance in July 2011, to support his then 4-year-old son. When informed that he would be subjected to a humiliating and invasive search without cause or suspicion, Lebron refused to waive his Fourth Amendment rights against unreasonable search and seizure by submitting to the newly-required drug test.

"I'm really pleased with the court's decision," said Lebron. "This confirms what I believed all along -- that what the government was asking people like me and my family to do was wrong. I'm proud that standing up against that is going to make a difference for other families like mine."

"This is a victory not just for Luis and his family, but for all Floridians who would have been forced to submit to invasive and humiliating searches of their bodily fluids just because they need temporary help making ends meet," stated Maria Kayanan, Associate Legal Director of the ACLU of Florida and lead attorney on the case. "In reconfirming that the Fourth Amendment protects all of us, regardless of wealth or status, Judge Scriven's decision soundly rejects the notion that the government can treat an entire class of Floridians like suspected criminals simply for being poor. We are thrilled to ring in the New Year with the Court's opinion."

"The Court today affirmed that the 4th Amendment protects everyone, including those who need temporary assistance from the government," stated Randall Berg of the Florida Justice Institute and co-counsel with the ACLU. "Requiring suspicionless drug testing of TANF recipients is a slippery slope toward requiring drug testing for the receipt of any kind of government benefit, including social security, farm subsidies, and student scholarships. A clear line must be drawn, and the court did so today."

Gov. Rick Scott (R) said he would appeal the decision.

Orlando, FL
United States

Medical Marijuana Update

The dispensary and cultivation wars continue in California, dispensaries are delayed in Nevada, a bill moves in New Jersey, and more. Let's get to it:

California

On December 15, the Palm Springs city council set the dispensary tax at 10%. That's for legal dispensaries. Unapproved dispensaries will have to pay 15%. The council also approved issuance of a fourth dispensary license for the city.

Also on December 15, the Indio city council revisited regulating dispensaries. The city currently bans them, and got on an update on developments from the city attorney meant to get the council thinking about whether they want to continue the current ban in their city or consider allowing them down the line. No action was taken.

On December 17, the Yucca Valley town council heard advocates call for it to reopen the area's only dispensary. Alternative Medicinal Solutions was forced to close its doors last month after a sunset clause kicked in. It had been permitted in 2008, but the town council voted in 2010 to ban dispensaries. It gave Alternative Medicinal Solutions until last month to close its doors. An attempt at a reprieve failed on a 3-2 vote in November. Since the topic wasn't on the agenda, the council didn't debate it and took no action.

On December 18, activists in Riverside began collecting signatures for a ballot measure allowing a limited number of dispensaries. They need 12,000 signatures to qualify for the June 2015 election or 18,000 to get a special election called sooner. The "Riverside medical marijuana restriction and limitation act" would create a process to allow about 10 or fewer dispensaries to open in commercial and industrial zones and would set out rules for how they would operate.

On December 19, Napa activists announced a referendum to overturn the city council's repeal of the city's medical marijuana ordinance. Napa's medical marijuana dispensary ordinance provided for the operation of one dispensary -- and possibly one additional dispensary after one year, with the dispensaries to be selected based upon merit following a rigorous selection process. But the city council voted to repeal it on December 3.

On December 20, San Diego Mayor Todd Gloria said a draft ordinance on dispensaries will go before the city council in February. The City Council passed regulations in 2011 that allowed dispensaries to open legally, but medical marijuana advocates considered them too restrictive and gathered enough signatures to get the ordinance rescinded. The result, however, was that storefront dispensaries were illegal once again, and city officials have been enforcing current laws to drive them out.

Last Tuesday, Lake County activists began signature gathering effort to force a popular vote on a marijuana cultivation ordinance recently passed by the board of supervisors. It bans outdoor cultivation in community growth boundaries; limits indoor grows to 100 square feet or less; keeps outdoor cultivation 1,000 feet from schools, parks or other facilities serving children; and 100 feet from water bodie; offers quicker abatement and makes the Lake County Sheriff's Office responsible for enforcement. The activists are organized as the Community Alliance to Ban Illegal Cannabis Cultivation (CABICC), which includes the United Food and Commercial Workers, CANORML, Americans for Safe Access, Patients Rights Coalition, Emerald Growers and California Cannabis Industry Association.

Florida

Last Friday, medical marijuana initiative organizers said they had gathered 700,000 signatures. United for Care needs some 683,000 valid signatures to qualify for the ballot, so organizers are hoping to have gathered 900,000 by the end of this month to provide a cushion for rejected signatures. The initiative still must be approved the state Supreme Court.

Maine

Last Thursday, Maine officials denied a request to use medical marijuana for Tourette's syndrome. The Department of Health and Human Services denied a request to add the disease to the list of qualifying medical conditions. The patient and his doctor had testified that medical marijuana helped the muscular tics caused by Tourette's, to no avail.

Nevada

Last Monday, a state official said dispensaries would not open until months after April 1, when a law allowing them goes into effect. Marla McDade Williams, deputy administrator of the state Division of Public and Behavioral Health, said the agency needs to hire more staff and that it could take up to four months to accept, review and approve license applications.

New Jersey

Last Monday, the Assembly passed a bill to expand the state's medical marijuana program. The bill would allow patients to obtain medical marijuana products outside the state and use them in New Jersey. Gov. Chris Christie (R) has vowed to veto it.

Oregon

On December 18, the Oregon Court of Appeals ruled that a medical marijuana patients whose hash was seized by police can have it back. Local prosecutors convinced a judge that hash wasn't covered under the state's law, but the appeals court disagreed.

Washington

On December 18, the state liquor control board recommended that patients be allowed to keep their personal marijuana grows. The recommendation reverses an earlier recommendation by regulators that the grows be eliminated under the state's marijuana legalization law, which does not allow home cultivation. But that earlier recommendation raised a real ruckus among patients and supporters, and the liquor control board has now changed its tune.

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

Judge Strikes Down Florida Welfare Drug Test Law

Happy holidays, indeed! First Uruguayan President Mujica give us a Christmas present by signing his country's law legalizing marijuana commerce (no surprise there, really), and now, a federal judge throws invites us to welcome the new year with a ruling throwing out Florida Gov. Rick Scott's (R) welfare drug testing law.

Curses, foiled again...
In a ruling out of Orlando today, US District Court Judge Mary Scriven permanently halted enforcement of the law, agreeing with an earlier court finding that "there is nothing inherent in the condition of being impoverished that supports the conclusion that there is a concrete danger that impoverished individuals are prone to drug use...."

The law required anyone applying for welfare benefits to undergo a drug test without any particularized suspicion that he or she was using drugs. The federal courts have been loath to okay suspicionless drug testing, with a few notable exceptions for workers in public safety positions and some school kids.

The case is Lebron v. Florida Department of Children and Families. We'll have more on it later.

Oh, and the never-say-die Gov. Scott says he will appeal.

Location: 
Orlando, FL
United States

Chronicle AM -- December 10, 2013

African-American faith leaders observe International Human Rights Day by calling for an end to the drug war and mass incarceration, Texans are ready for criminal justice reform, and Mexico's prohibition-related violence continues apace. And more. Let's get to it:

African American faith leaders called Tuesday for an end to the drug war and mass incarceration. (sdpconference.info)
Medical Marijuana

Michigan Medical Marijuana Bills Pass House Committee. A pair of bills that would allow for the use of medical marijuana-infused products, as well as legalizing dispensaries for cannabis, passed the House Judiciary committee Tuesday morning on unanimous votes. A third bill, which would allow pharmacies to produce and sell medical marijuana, also passed, but on an 8-1 vote. With the legislature adjourning for the year Thursday, it's unlikely they will get final votes before then.

Law Enforcement

California Appeals Court Rules Only Prosecutors -- Not Police -- Can Initiate Asset Forfeiture Proceedings. California's 5th District Court of Appeals in Fresno ruled last week that police agencies cannot initiate asset forfeiture proceedings, which must instead be undertaken by prosecutors. Police had seized $16,000 in cash from Adolfo Cuevas and a friend sitting in a car and moved to forfeit it when traces of methamphetamine were found on a $5 bill. Only prosecutors can make that call, the court held. The case is Cuevas v. Superior Court of Tulare County.

Pain Pills

American College of Physicians Calls for Pain Med Contracts, Database, Educational Programs. In a policy paper released Tuesday, Prescription Drug Abuse, the American College of Physicians set out 10 policy positions and recommendations aimed at reducing "the significant human and financial costs related to prescription drug abuse." They include supporting a national prescription drug monitoring program, more education and prevention efforts for doctors and patients, and considering the use of written agreements ("pain contracts") for doctors and patients when treating pain. [Ed: Patient advocates often regard databases and pain contracts with suspicion. We commonly receive reports about pain contracts in particular having a chilling effect on the availability of pain medication for patients who need it. It is not clear whether this paper fully considers the plight commonly suffered by pain patients because of the war on drugs.]

Sentencing

On International Human Rights Day, Black Leaders Call for End to Drug War, Mass Incarceration. The Samuel DeWitt Proctor Conference, a major grouping of African-American faith leaders, called for an end to the war on drugs and mass incarceration Tuesday, International Human Rights Day. The call came as the group released key findings from a series of community-based hearings on mass incarceration it has held around the nation. Click on the link for the recommendations.

Poll: Texans Ready to Reform Drug Punishments. A poll released Monday by the Texas Public Policy Foundation finds that nearly four out five (79%) Texans support drug treatment instead of prison for people caught possessing drugs. The poll also found overwhelming (84%) support for broader criminal justice reforms in the state.

International

Mexican Drug War Deaths Show No Decline. One year after Enrique Pena Nieto assumed office as president of Mexico, the deadly prohibition-related violence that has plagued the country for the past six years shows no sign of abating. According to Frontera NorteSur, citing Mexican press reports, there were 19,016 people killed in the drug violence in the first 11 months of Pena Nieto's term, compared to 18,161 during the last 11 months of Felipe Calderon's government. The violence also appears to have shifted geographically, from border states to states in the south and center of the country.

Chronicle AM -- December 9, 2013

A West Virginia man gets a first degree murder charge in his wife's accidental drug death, a Utah "Good Samaritan" overdose bill is moving, some US senators grumble about Zohydro ER, and we have a pair of stories about opiates in India. And more. Let's get to it:

Zohydro ER
Marijuana Policy

Massachusetts High Court Rules against Prosecutors in Small-Time Marijuana Cases. Possession of up to an ounce of pot is decriminalized in Massachusetts, even if that less-than-an-ounce amount is divided up in separate baggies. The state Supreme Judicial Court ruled last month that possessing small amounts of marijuana in separate baggies is not sufficient evidence to charge someone with possession with intent to distribute. Prosecutors are grumbling.

Harm Reduction

Utah "Good Samaritan" Drug Overdose Bill Moving. A bill that would provide limited criminal immunity for people who report a drug overdose has passed the Criminal Justice Committee and will be taken up by the full legislature when it reconvenes next month. The bill is sponsored by Rep. Carol Spackman Moss (D-Holladay) and has the backing of harm reductionists and the Utah Statewide Association of Prosecutors alike. There were more than 500 drug overdose deaths in Utah last year.

Law Enforcement

COPS Program Worried About Police Militarization. Cop-watcher Radley Balko notes that the monthly newsletter of the Justice Department's Community Oriented Police Services (COPS) program is raising the alarm about the militarization of policing in the US. Balko cites a warning from COPS program senior policy analyst Karl Bickel: "Police chiefs and sheriffs may want to ask themselves -- if after hiring officers in the spirit of adventure, who have been exposed to action oriented police dramas since their youth, and sending them to an academy patterned after a military boot camp, then dressing them in black battle dress uniforms and turning them loose in a subculture steeped in an 'us versus them' outlook toward those they serve and protect, while prosecuting the war on crime, war on drugs, and now a war on terrorism -- is there any realistic hope of institutionalizing community policing as an operational philosophy?"

West Virginia Man Faces First Degree Murder Charge in Wife's Drug Overdose Death. Prosecutors have charged a Roane County man with first degree murder in the accidental drug overdose of his wife. Todd Honaker thought he was buying LSD, but instead gave his wife the synthetic drug 25b-NBOMe ("N-bomb"). The man who supplied the drug has been charged with delivery of a controlled substance. It's not clear why Honaker is facing such severe charges.

Pain Pills

Four Senators Scold FDA on Zohydro Approval. Four US senators have sent a letter to the FDA saying they disagree with its decision to approve Zohydro ER, a long-acting version of the pain reliever hydrocodone. Sens. Kirsten Gillibrand (D-NY), Dianne Feinstein (D-CA), Amy Klobuchar (D-MN), and Joe Manchin (D-WV) said the decision "will only contribute to the rising toll of addiction and death" caused by the misuse of prescription drugs. Zohydro can be crushed and snorted by people seeking a strong, quick high, which the senators called "irresponsible." [Ed: As the item immediately below about pain control in India demonstrates, poorly conceived control measures can and do have a devastating impact on the lives of pain patients who end up under-medicated or un-medicated. We have this problem in the US too. Other measures than bans are needed to address prescription drug misuse -- the FDA was right to approve Zohydro.]

International

Less Than 4% of Indians Suffering From Chronic Cancer Pain Have Access to Morphine. Legal restrictions on access to opioid pain medications leave millions of Indians suffering from severe and chronic pain without access to relief, leading to an "epidemic of pain in India." Ironically, India produces 99% of the global supply of licit opium, most of which it exports.

Indian Authorities Warn of Rising Opium Cultivation in Northeast. Illicit opium production is on the rise in states such as Manipur and Nagaland, Indian drug experts said at a Saturday conference in Guwahati. Cultivation was increasing both as a cash crop and for personal consumption, the experts said. In some villages, between 60% and 90% of families were growing opium, they said.

Drug War Issues

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