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Chronicle AM -- June 26, 2014

It's UN anti-drug day, and protests to mark it are going on in at least 80 cities around the world, House Republicans move to block DC decrim, the Oregon legalization initiative looks set to make the ballot, the ACLU has a strong new report out on SWAT teams, and more. Let's get to it:

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the NCIA summit
Marijuana Policy

Cannabis Business Summit Draws Big Crowd in Denver. More than 1,200 people attended the Cannabis Business Summit sponsored by the National Cannabis Industry Association in Denver this week. Look for a Chronicle report on it in coming days.

Oregon Legalization Initiative to Hand in Signatures Today. It looks like Oregonians will vote on marijuana legalization this November. The New Approach Oregon initiative campaign will hand in 145,000 signatures to state officials today; they only need some 87,000 valid ones to qualify for the ballot.

House Committee Votes to Block Decriminalization in DC. The House Appropriations Committee yesterday passed an amendment to the 2015 Financial Services and General Government Appropriations bill intended to prevent the District of Columbia from implementing its recently passed law decriminalizing the possession of marijuana. It also has the potential to end the District's medical marijuana program. The amendment, offered by Rep. Andy Harris (R-MD), passed by a vote of 28-21. Reform advocates will seek a floor vote to remove this amendment from the bill when it proceeds to the House floor.

No Vote on Legalization in the Rhode Island Legislature. The 2014 legislative session has ended without the Marijuana Regulation, Control, and Taxation Act never coming up for a vote. Maybe next year.

Oakland Shuts Down a Trio of Measure Z Speakeasies. For the past decade, recreational marijuana retail outlets have quietly operated in Oakland, protected by Measure Z, which makes the private use of marijuana by adults law enforcement's lowest priority. But in recent weeks, Oakland police have raided and shut down three of the speakeasies. The police say their enforcement actions are driven by complaints.

Sentencing

Two More Cosponsors for the Smarter Sentencing Act. The Smarter Sentencing Act has picked up two more cosponsors, bringing the total to 41, 27 Democrats and 14 Republicans. The latest cosponsors are Rep. Ann Kuster (D-NH) and Rep. Katherine Clark (D-MA).

Senate State and Foreign Operations Funding Bill to Include Sentencing Reform Language. Advocates working with Senate Judiciary Chair Pat Leahy's (D-VT) office report that the Senate committee report on the issue will include language making sentencing reform part of US foreign policy and an issue the State Department promotes when working on police training and judicial reform in other countries. Click the link to read the language.

Law Enforcement

ACLU Issues Report on Militarization of American Policing. The American Civil Liberties Union has released a new report on the excessive militarization of American policing, War Comes Home. The report concentrates on the use of SWAT teams, and fnds that 80% of SWAT deployments were not hostage rescue or other dangerous missions, but to serve search warrants, mainly for drugs. The report also examines the abuses associated with SWAT teams. This is strong stuff.

International

Global Demonstrations Against Drug War Today Mark UN Anti-Drug Day. Protestors in at least 80 cities around the world are taking the opportunity of UN anti-drug day to call not for more drug war, but for less. Click on the link for more details.

British Khat Ban Now in Effect. The British ban on the East African herbal stimulant plant khat has now gone into effect. There are fears the Somali community will be targeted and that a black market will now emerge.

British Doctors Reject Marijuana Legalization, Urge Cigarette Ban for Those Born After 2000. Meeting at their annual conference, members of the British Medical Association rejected a proposal to call for legalizing marijuana, but voted in favor of a ban on cigarettes for people born after 2000. The BMA's rejection of legalization was "both unscientific and unethical," said Steve Rolles of the Transform Drug Policy Foundation.

Uruguay's First Grower's Club Begins Registration Process. The Association of Cannabis Studies of Uruguay has registered to become the first officially recognized marijuana growing club in the country. The club headed by Laura Blanco will have 40 members. Joining a club and enjoying the fruits of collective grows is one of three ways to legally obtain marijuana under Uruguay's new law. The other options are registering to buy it from pharmacies or growing your own individually.

Mexico Wants More Black Hawk Choppers for Anti-Drug Activities. Mexico has formally requested to purchase five UH-60M Black Hawk helicopters for it war on drugs. The choppers are to be equipped with GPS/inertial navigation systems, forward-looking radar systems, and 10 7.62mm machine guns each. The proposed deal would be worth an estimated $225 million

Mexico Marijuana and Drug Reform Bills Filed [FEATURE]

Late last week, lawmakers in Mexico City filed two bills that would begin to radically transform the country's approach to drugs. One was introduced in the Mexico City legislative assembly and one in the federal legislature.

http://www.stopthedrugwar.org/files/mexico-seal-231px.jpg
The moves come as the debate over drug policy in general and marijuana in particular heats up in the region. The legalization of marijuana in Uruguay and the US states of Colorado and Washington has enlivened ongoing efforts at drug reform in Mexico, and the country continues to bleed from the violence associated with criminal organizations that rose to power on the back of drug prohibition.

They also come just days after four former Latin American presidents -- Ernesto Zedillo of Mexico, Ricardo Lago of Chile, Fernando Enrique Cardoso of Brazil, and Cesar Gaviria of Colombia -- penned an open letter in support to Mexico City Mayor Miguel Angel Mancera, himself a proponent of legalization.

"This is a necessary debate to have for Mexico City, Mexico and the entire region," the four ex-presidents said. "Something needs to change as 40 years of immense efforts and funds have failed to reduce both the production and consumption of illicit drugs."

"We believe we're making a very important contribution to a global debate that has to do with rethinking the issue of drugs," Vidal Llerenas, a member of the Mexico City Legislative Assembly and sponsor of the local legislation, said at Thursday news conference announcing the bills.

"The aim of this legislation is not to change the drug sphere in the city, but rather to simply avoid criminalizing those who consume marijuana," said Deputy Eduardo Santillan Perez, another sponsor of the bill.

The Legislative Assembly in Mexico City
The Mexico City bill would de-emphasize small-time marijuana prosecutions. It would instruct police and judges to deprioritize prosecution of marijuana violations in some circumstances, and it would create a Portugal-style "dissuasion commission" which could impose administrative sanctions on offenders instead of subjecting them to the criminal process.

The bill would also allow for the limited retail sales of marijuana in the Federal District. Such sales could only take place under certain criteria, including posting warnings to consumers about potential health risks. Retailers would not be allowed to sell to minors or be located near schools, and they would not be allowed to sell adulterated marijuana. Retailers who complied with these criteria would be issued permits to sell marijuana by the district government's Institute for the Attention and Prevention of Addictions.

The federal bill would raise possession limits for the amount of drugs decriminalized under a 2009 law. Under that law, the possession of up to five grams of pot was decriminalized; the new bill would increase that to 30 grams (slightly more than an ounce). It would similar increase the decriminalized possession limits for drugs such as cocaine, heroin, and methamphetamine.

The federal bill would also allow for the use of medical marijuana. And it would devolve some decision making power on drug policy issues from the federal government to states and cities.

There are clear medicinal benefits to using marijuana, said PRD Deputy Fernando Belaunzaran Mendez, and denying these benefits "is like when the clergy denied Galileo's claim that the Earth moves."

The prospects of passage are much better for the Mexico City bill than the federal bill, because the Party of the Democratic Revolution (PRD), whose members introduced both the local and the federal bills, dominates the Mexico City assembly, but not the federal one. Mexico City, which has moved to allow abortion, divorce, and same-sex marriage, is also more socially liberal than the country as a whole. The Mexico City bill is likely to be debated early next month.

Both bills had their genesis in discussions that began last summer, when the Mexico City legislature organized public hearings to explore alternative solutions to the city's drug problems. Civil society groups, including México Unido Contra la Delincuencia (MUCD), the Colectivo por Una Politica Integral Hacia las Drogas (CUPIHD), and Britain's Transform Drug Policy Foundation were deeply involved in the drafting process, along with lawyers, medical professionals, security professionals and drug policy experts.

"Of the four specialists that helped draft the bill, two were from CUPIHD," said Alejandro Madrazo Larous, a constitutional law expert, law professor and CUPIHD member who helped draft the bill.

He told the Chronicle that international reform currents were indeed percolating in Mexico.

"As other countries move forward with reforms, it just seems more and more absurd that we are killing each other in Mexico to ban something that is becoming a regulated business," he said.

Reefer Bender in Mexico City wants to legalize it. (Phillip Smith, Drug War Chronicle)
"We welcome this attempt to replace stringent cannabis law enforcement with humane, just and effective alternatives," said MUCD's Lisa Sanchez. "Decades of punitive responses have failed to reduce levels of use and have effectively left the market in the hands of criminal entrepreneurs whose watchwords are violence and greed. This is a great opportunity for the government to adopt a new approach to drugs and improve the health and safety of its citizens. Let's not waste it."

"On the heels of historic marijuana legalization victories in Washington, Colorado and Uruguay, it's promising to see other countries and jurisdictions following suit. The innovative nature of the marijuana bill -- which combines elements of marijuana regulation models from around the world -- demonstrates that reforms can be tailored to fit the local context," said Hannah Hetzer, policy manager for the Americas at the Drug Policy Alliance.

"Mexico has suffered immensely from the war on drugs," Hetzer continued. "Amidst extreme levels of violence and crime, it is encouraging to see Mexico's capital city attempt to refocus its efforts away from marijuana possession and low-level drug offenses and to invest in reducing violent crime instead."

Madrazo Larous said passage of the bills would smartly reprioritize law enforcement, but that it would take work.

"I think they have a chance," he said. "We are reaching out for more support. If we can pass this at the national level, it would free up resources at the local level which would allow for better criminal investigation and prosecution of violent crimes. Today, we waste too many resources running after consumers and petty dealers."

With marijuana legalization also on both the legislative and the popular agenda in Washington, DC, it appears that Mexico City and Washington are in a race to see which North American capital city becomes the first to allow legal marijuana sales. Sorry, Ottawa.

Mexico City
Mexico

Chronicle AM -- February 10, 2014

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

Marijuana Policy

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

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

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

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

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

Methamphetamine

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

Drug Testing

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

Sentencing

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

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

Law Enforcement

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

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

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

International

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

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

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

Chronicle AM -- January 8, 2014

East Coast governors speak against marijuana legalization, but DC voters may get a chance to have their own voices heard; a new report on Obamacare's implications for drug reform is out; the DEA is reported to have talked to the Sinaloa Cartel; and details of a Mexico City marijuana legalization bill emerge. And more. Let's get to it:

Marijuana Policy

DC Activists to File Marijuana Legalization Initiative This Week.The nation's capital could vote on marijuana legalization this year. Activists there plan to submit a legalization initiative to city officials by week's end. Because of quirks in District law, the initiative will not seek to allow retail marijuana sales -- that would require action by the DC city council -- but would allow adults to possess and consume marijuana and grow up to six plants.

DOJ Will Reportedly Issue Guidance on Marijuana Banking Soon. The Wall Street Journal has reported that the Justice Department will soon issue a memo with guidelines for financial institutions dealing with legal marijuana businesses. Insiders said the current draft document emphasizes that federal enforcement priorities will be directed toward those who use legal marijuana sales as a front for other criminal activity, funnel it across state lines, or sell it as part of a broader drug dealing conspiracy. But how financial institutions are supposed to know which of their marijuana customers are drawing federal interest remains unclear, suggesting that, as it stands, the draft memo will not satisfy banks.

Rhode Island Governor Calls Marijuana Legalization "Premature." Gov. Lincoln Chafee (I) said Tuesday Rhode Island should wait to see how legalization plays out in Colorado and Washington before trying it there. He added that it was premature to consider legalization before seeing how the state's 2013 decriminalization law is working out.

Maryland Governor Opposes Marijuana Legalization. Gov. Martin O'Malley (D) said Wednesday that while he was open to expanding access to medical marijuana, he opposed general legalization. "I'm not much in favor of it," he said. "We've seen what drug addiction has done to the people of our state, to the people of our city."

Oregon Legislature Could Discuss Legalization Next Month. With plans afoot to field a marijuana legalization initiative in Oregon this year, legislators are hinting they may want to take a crack at it first. Rep. Jennifer Williamson (D-Portland) told a local meeting she expects legislators to take up the issue in the session that begins February 3.

Medical Marijuana

Oregon Medical Marijuana Dispensary Rules Due in Days. State officials said Tuesday that draft rules for the state's newly-regulated dispensary industry should be posted within a week. Then will come a series of public hearings before the rules are finalized. In the meantime, dispensaries will be able to operate under temporary rules, with applications accepted beginning March 3.

New York Governor's Medical Marijuana Plan "Unworkable," MPP Says. New York Gov. Andrew Cuomo (D) is expected to announce an executive order allowing limited medical marijuana availability today, but the Marijuana Policy Project called Cuomo's proposal "unworkable," saying it would require the cooperation of the DEA, NIDA, and the FDA, none of which have been amenable to such projects. MPP says the solution is for the legislature to pass pending medical marijuana legalization.

Obamacare and Drug Policy

New DPA/ACLU Issue Brief Discusses Affordable Care Act's Impact on Drug Policy. A new issue brief from the Drug Policy Alliance and the American Civil Liberties Union reviews provisions of the Affordable Care Act relevant to drug policy, as well as how the ACA can help recast the drug policy debate. The brief is Healthcare Not Handcuffs: Putting the Affordable Care Act to Work for Criminal Justice and Drug Policy Reform.

International

DEA Met With Sinaloa Cartel Leaders, Mexican Newspaper Says. Members of the DEA and the Justice Department met secretly with leaders of the Sinaloa Cartel to gain information about rival cartels, the Mexico City newspaper El Universal reported Monday. The meetings took place without the knowledge of Mexican officials, although US authorities on some occasions provided Mexican authorities with information derived from the meetings. The newspaper identified the DEA or Justice Department employees present at the meetings as Steve Fraga, Manuel Castañon, David Herrad and Carlos Mitchem.

CuPIHD Publishes Study of Mexico City Drug Markets. Mexico's Collective for an Integrated Drug Policy (CuPIHD) has published a quantitative and qualitative analysis of Mexico City illicit drug markets, describing the size and characteristics of the drug markets, as well as how drug users perceive and interact with their legal, economic, institutional, and social environments. The English-language version of the study is Drugs DF: The Illegal Drug Markets of Mexico City.

Draft Reveals Details of Mexico City Marijuana Legalization Bill. The Mexico City web site Animal Politico has obtained a draft of a bill being worked on by a team of leftist Party of the Democratic Revolution (PRD) to advance marijuana reform in the federal district. The bill would completely decriminalize the possession of marijuana, make marijuana possession and distribution "zero priority" offenses for law enforcement, and create a system of dispensaries to sell marijuana for therapeutic reasons. The proposed bill would require changes in, or, at least, exemptions from, some existing federal laws.

Blacks Targeted in Wasteful War on Marijuana, ACLU Finds

Black Americans are nearly four times more likely to get busted for marijuana possession than white ones, even though both groups smoke pot at roughly comparable rates, the ACLU said in a report released Tuesday. The report, "The War on Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests," is based on the annual FBI Uniform Crime Report and US Census Bureau Data.

Blacks are 3.7 times more likely to get busted for marijuana possession than whites. (aclu.org/marijuana)
The disparity in arrest rates is startlingly consistent, the report found. In more than 96% of the counties covered in the report, blacks were arrested at higher rates than whites. Racial disparities in pot busts came in large counties and small, urban and rural, wealthy and poor, with large black populations and with small ones.

In some counties, the disparity rose to 15 times more likely, and in the Upper Midwest states of Illinois, Iowa, and Minnesota, blacks were eight times more likely to be arrested for pot possession than whites. Nationwide, blacks were 3.73 times more likely to get arrested for marijuana than whites.

And it's getting worse, not better. The report found that even though the racial disparities in marijuana arrests existed 10 years ago, they have increased in 38 states and the District of Columbia.

"The war on marijuana has disproportionately been a war on people of color," said Ezekiel Edwards, director of the ACLU Criminal Law Reform Project and one of the primary authors of the report. "State and local governments have aggressively enforced marijuana laws selectively against black people and communities, needlessly ensnaring hundreds of thousands of people in the criminal justice system at tremendous human and financial cost."

In budgetary terms, that cost to the states was $3.61 billion in 2010 alone, the report found. During the decade the report studied, despite aggressive enforcement and rising marijuana arrest rates, all those arrests failed to stop or even diminish the use of marijuana, and support for its legalization only increased.

"The aggressive policing of marijuana is time-consuming, costly, racially biased, and doesn't work," said Edwards. "These arrests have a significant detrimental impact on people's lives, as well as on the communities in which they live. When people are arrested for possessing even tiny amounts of marijuana, they can be disqualified from public housing or student financial aid, lose or find it more difficult to obtain employment, lose custody of their child, or be deported."

The report recommends legalizing, taxing, and regulating marijuana, which it said would eliminate racially-targeted selective enforcement of marijuana laws, save the billions of dollars spent on enforcing pot prohibition, and raise badly needed revenues by taxation. If legalization is not doable, then decriminalization, and if not decriminalization, then lowest prioritization.

The ACLU also calls in the report for reforms in policing practices, including not only ending racial profiling, but also constitutionally-suspect stop-and-frisk searches, such as those embraced with such gusto by the NYPD in New York City. It also crucially recommends reforming federal law enforcement funding streams, such as the Edward Byrne Justice Assistance Grant Program, that encourage police to make low-level drug busts by using performance measures that reward such arrests at the expense of other measures.

Drug Policy in the 2012 Elections I: The Initiatives [FEATURE]

The Labor Day weekend has passed, summer is behind us, and the November elections are just two months away. When it comes to drug policy and the 2012 elections, there is plenty on the table. This week, we're going to give you an overview all the drug-related campaigns (and we'll be counting on readers to let us know if we've missed anything), followed by some general discussion about the prospects for the fall and the state of the drug reform movement this election season.

Next week, we'll look at election races of interest, from the local races to the presidency, and In the weeks between now and election day, we will be doing in-depth reports on all the statewide initiative campaigns, as well as devoting as much attention as we can to some key local races and initiative campaigns.

Here's what we've got going for November 2012:

Marijuana Legalization Initiatives

Colorado -- 
Amendment 64 would allow adults 21 and over to possess up to an ounce of marijuana or six marijuana plants, three of which could be mature. It would create a system of state-licensed cultivation, manufacturing, and testing facilities and state-licensed retail stores. Local governments would have the option of regulating or prohibiting such facilities. The amendment would also require the state legislature to enact legislation governing industrial hemp cultivation, processing, and sale, and to create an excise tax on wholesale marijuana sales. The first $40 million of that annual revenue would be dedicated to building public schools.

Oregon -- Measure 80, the Oregon Cannabis Tax Act (OCTA), would create an Oregon Cannabis Commission to regulate the cultivation and sale of marijuana, but not industrial hemp, which would be allowed, but not regulated by the commission. The commission would grant licenses to cultivate marijuana for sale to it by "all qualified applicants" and would sell marijuana at state retail stores at prices it determines. Medical marijuana patients would have their medicine provided at cost. The OCTA would supersede all state and local laws regarding marijuana, except for impaired driving laws, leaving personal possession and cultivation by adults unregulated.

Washington -- Initiative 502 would legalize the possession of up to an ounce of marijuana by adults 21 and over, but does not allow for personal cultivation, except by or for medical marijuana patients. It would license marijuana cultivation and retail and wholesale sales, with restrictions on advertising. Regulation would be the remit of the state liquor control board, which would have to come up with rules by December 2013. The measure would create a 25% excise tax on marijuana sales, with 40% of revenues dedicated to the general fund and 60% dedicated to substance abuse prevention, research, and healthcare. It would create a per se driving under the influence standard of 5 nanograms of THC per milliliter of blood.

Medical Marijuana

Arkansas -- 
The Arkansas Medical Marijuana Act would allow patients suffering from specified diseases or medical conditions to use marijuana with a doctor's recommendation. It envisions a system of state-licensed nonprofit dispensaries, and would allow patients or their caregivers to grow their own only if they are not within five miles of a dispensary. In that case, patients could grow up to six flowering plants. Patients could possess up to 2 ½ ounces of marijuana.

Massachusetts -- Question 3, would allow people suffering from a debilitating medical condition to use medical marijuana upon the recommendation of a doctor with whom they have a bona fide relationship. Patients could possess up to a 60-day supply -- what constitutes that supply will be determined by the Department of Health. The initiative would also set up a system of nonprofit medical marijuana cultivation and distribution centers.

Montana -- Initiative Referendum 124 would undo the gutting of the state's medical marijuana program through the passage last year of Senate Bill 423. That bill replaced the voter-approved medical marijuana program, which allowed for dispensary sales, with a new scheme that limited providers to serving only three patients, prohibited providers from accepting anything of value in exchange for products or services, granted local governments the power to regulate providers, tightened standards for demonstrating chronic pain, and demanded reviews of doctors who certified more than 25 patients in a one-year period.

North Dakota -- the medical marijuana initiative is not yet a done deal as we go to press. [Update: North Dakota officials announced Thursday that the measure has failed to make the ballot after several university student signature gatherers were caught faking signatures.] Proponents needed 13,500 valid signatures and handed in more than 20,000 on August 7. State officials had 30 days from then to validate signatures. Patients could possess up to 2 ½ ounces of usable marijuana and grow up to 12 plants in an enclosed space. Caregivers could grow for one or more patients, provided they grew no more than 30 plants. The state would regulate medical dispensaries and the marijuana cultivated for them.

Sentencing

California --
Proposition 36 would reform the state's three strikes law, which allows a life sentence for a third felony conviction. The measure would allow life sentences only if the new felony conviction is "serious or violent," authorize re-sentencing for lifers if their third conviction was not "serious or violent" and if a judge determines their release would not pose an unreasonable risk to public safety, allow life sentences if the third conviction was for "certain non-serious, non-violent sex or drug offenses or involved firearm possession," and keep the life sentence for felons whose previous convictions were for rape, murder, or child molestation. If approved by voters, some 3,000 three strikes lifers could seek reductions.

Local Initiatives

California --
A number of towns, mostly in the San Diego area, will vote on local initiatives to allow medical marijuana dispensaries. Those include Del Mar, Imperial Beach, Lemon Grove, and Solana Beach, as well as Palo Alto. The town of Dunsmuir will vote on whether to loosen cultivation regulations.

Colorado -- Fort Collins will be voting on whether to overturn the ban on dispensaries voted in last November, and Berthoud will be voting on whether to allow dispensaries.

Massachusetts -- In a continuation of work done in the past six election cycles, voters in a number of legislative districts will be asked a non-binding public policy question. In the First Essex and Middlesex Senate District, the Eighth Essex House District, and the Twenty-Second Essex House District voters will be asked whether they support repeal of the "federal prohibition of marijuana, as the 21st Amendment repealed national prohibition of alcohol, so that states may regulate it as they choose?" Voters in the Second Middlesex Senate District, the Middlesex and Suffolk Senate District, and the Second Berkshire House District will answer a similar question.

Michigan -- Voters in Detroit and Flint will vote on marijuana legalization initiatives, voters in Grand Rapids will vote on decriminalization,  Kalamazoo will vote on an initiative to allow dispensaries, and Ypsilanti will vote on a lowest law enforcement priority initiative.

Washington -- Voters in six cities -- Bellingham, Bremerton, Everett, Kent, Olympia, and Spokane -- will vote on initiatives to make marijuana the lowest law enforcement priority and prohibit local officials from cooperating with federal marijuana law enforcement activities.

The lineup of state and local initiatives has some drug reform movement spokespeople feeling pretty good.

"I think at least one state will make marijuana legal for adults this election cycle," said Marijuana Policy Project communications director Morgan Fox. "The fact that we're discussing so many initiatives is a sign of progress. As things progress and people get increasingly sick of marijuana prohibition, we will see more and more states considering this every election cycle, and it will become more of an issue for candidates," he added.

"Politicians are starting to realize they can use this to their advantage and ignore at their peril," said Fox. "Many of them, though, don't realize how much of an effect it can have on their elections -- just ask the former US Attorney in Oregon, Dwight Holton. He didn't think his stance against medical marijuana would cost him the primary, but it did."

"I sincerely hope that one of these passes and raises the debate to whole new level, and maybe takes some of the heat off of California," said Dale Gieringer, head of California NORML. "These are states when you can have a good campaign for a reasonable amount of money that the drug reform movement can put up. A million dollars or two doesn't get you very far in California."

But at least one of those legalization initiatives needs to win this year, he said. "If pot gets wiped out in the elections, it's going to be tougher to win down the road."

"The sheer number of initiatives that are on the ballot and viable this cycle shows the momentum that the movement toward legalizing marijuana has," said Tamar Todd, assistant director for national policy at the Drug Policy Alliance. "That momentum is also reflected in other ways -- in terms of the dialog we're hearing, the high support for legalization across the board, the rejection of the drug war polices of the past," she said.

"When you look in certain areas, such as the Northeast and the West, the numbers are even higher," Todd continued. "In 2010, we had a legalization initiative in California; this year we have them in three states, plus three or four medical marijuana initiatives. The number and their viability represent a real shift taking place in public opinion.  The end result, no matter what happens this election cycle, is that in two years and every two years, the number and viability will continue to increase until there is actually sufficient change happening at the state level to start pushing the federal government to change its policies."

The initiatives are on the ballot. Now, they need to win.

Flint (MI), Springfield (MO) Marijuana Petitions Turned In

Voters in two Midwest cities may have the opportunity to vote on marijuana law reforms this November. Advocates of a Flint, Michigan, initiative that would legalize the possession of up to an ounce by those 19 and over and advocates of a Springfield, Missouri, initiative that would make small-time pot possession the lowest law enforcement priority both handed in signature petitions last week.

Activists want cops to lay off the buds (wikimedia.org)
In Flint, the Coalition for a Safer Flint handed in more than 1,300 signatures last Monday. They need 784 valid signatures to qualify for the ballot.

The Flint initiative would exempt those 19 and over in possession of less than an ounce of marijuana from city code prohibitions on its possession. Possession would remain illegal under state law.

"We're really hoping this will give the officers here in Flint the option to use discretion so they can spend better time dealing with the rampant crime happening in the city," the coalition's Brian Morrissey told Michigan Live. "There are still quite a few people being arrested for minor possession of small amounts of marijuana... I think the citizens of Flint are definitely ready to see their police resources used more efficiently. I think this is a no-brainer."

The signatures are now being reviewed by city election officials. If the measure is approved, Flint will join Detroit in voting on marijuana law reforms. A Detroit measure to legalize possession of up to an ounce by adults won a legal battle to get on the ballot last month.

In Springfield, Springfield Cannabis Regulation turned in more than 2,600 signatures for an initiative that would make small-time marijuana possession the lowest law enforcement priority. The group needs 2,101 valid signatures to make the ballot and can continue to gather more until July 26.

"This petition will allow Springfield voters to instruct the government that the police have more important tasks than arresting people for possession of small amounts of cannabis," the group's Maranda Reynolds told KMOX-TV. "By eliminating the hundreds of arrests for simple possession that occur every year in Springfield, we will free up resources to focus on more serious offenses such as property and violent crimes."

If the measure is approved, it will be sent to the city council for its consideration at its August 13 meeting. If the council fails to approve it without amendment it goes to the voters in the November general election.

In both states, statewide signature-gathering to get legalization initiatives on the ballot came up short this year. But at least voters in some locales may have a chance to vote for reform.

Medical Marijuana Ally Wins Oregon AG Race

In an Oregon primary election where medical marijuana was a prominent campaign issue, former judge and ally of the state's medical marijuana community Ellen Rosenblum came from behind to decisively defeat former interim US Attorney Dwight Holton Tuesday in the campaign for the Democratic Party's nominee for state attorney general.

Oregon Democratic Party attorney general nominee Ellen Rosenblum (ellenrosenblum.com)
Drug reformers who aided the Rosenblum campaign said as election results came in that they showed attacking medical marijuana patients and their distribution systems was "not a smart political move."

"As attorney general, I will make marijuana enforcement a low priority, and protect the rights of medical marijuana patients," Rosenblum says on her campaign website.

According to the Oregon Secretary of State's unofficial election results Tuesday evening, with 100% of the vote counted, Rosenblum had won with 63% of the vote, compared to 37% for Holton.

The winner of the Democratic Party nod is almost certain to be the next state attorney general. The Republicans didn't even field a candidate for the post, and in a primary where the Democratic attorney general race attracted more than 183,000 voters, the Republican non-race attracted fewer than 9,000 write-in votes.

Holton was an early favorite in the race and had the support of law enforcement constituencies, but aroused the ire of medical marijuana supporters for his actions as interim US Attorney last year, when he oversaw several raids against medical marijuana providers and sent out letters threatening asset forfeiture to other providers and their landlords. It didn't help when he called the the Oregon Medical Marijuana Program "a train wreck" during the campaign and pledged to work with Republican legislators to "fix" it.

The state's medical marijuana and marijuana legalization advocates mobilized to defeat Holton and encourage support for Rosenblum. But national drug reform activists, heartened by the grass roots response and emboldened by the opportunity to inflict a political price on those participating in the federal crackdown on medical marijuana distribution, mobilized as well.

Through its lobbying and campaign arm, Drug Policy Action, the Drug Policy Alliance kicked in $100,000 in donations to the Rosenblum campaign and Citizens for Sensible Law Enforcement (CSLE), which, among other things, launched a series of radio ads against Holton. CSLE is also the group behind the I-24 marijuana legalization initiative, one of two Oregon legalization initiatives edging very close to making the November ballot.

DPA ally and deep-pocketed drug reform donor John Sperling, founder of the University of Phoenix, also contributed $100,000 to the Rosenblum campaign.

DPA and Oregon medical marijuana advocates were quick to claim the election result showed there was a price to be paid for going against the drug reform tide. It was a message they wanted both prosecutors and the Obama administration to hear.

"Dwight Holton’s defeat in the Oregon Attorney General’s race should be taken as a clear and unambiguous message to US Attorneys around the country and to the national Democratic leadership that attacking state-approved medical marijuana programs is not a smart political move," said Jill Harris, managing director of strategic initiatives for Drug Policy Action, and a native of Eugene.

"Medical marijuana has overwhelming public support -- it is now legal in 16 US states and the District of Columbia, and national polls have consistently shown support in the 70-80% range for well over a decade. Drug war rhetoric and tactics will not be tolerated, and organizations like Drug Policy Action will be there to defend patients’ rights to safely access the medicine they need," she said in a Tuesday night statement.

No Oregon groups have yet released any statements, but there was much joy on their list serves Tuesday night. "I hope that law enforcement is paying attention as well," said one poster. "As this just goes to show that Oregon is sick of them wasting their resources on marijuana."

(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.)

OR
United States

Charlottesville Says Decriminalize or Regulate Marijuana

The Charlottesville, Virginia, city council approved a marijuana-related resolution Monday night calling on the governor and the legislature "to revisit the sentencing guidelines that merit jail terms for simple possession, do away with rules that suppose intent to distribute without evidence and give due consideration to sponsored state bills that would decriminalize, legalize or regulate marijuana like alcohol."

Charlottesville City Council (City of Charlotteville)
[Editor's Note: To find the actual resolution, click on the link above, select "May 7, 2012 (with background)," then scroll to the very end of the PDF file.]

Under current law, possession of marijuana is classified as a misdemeanor carrying punishment of up to 30 days in jail and/or fines of up to $500. Subsequent convictions carry a jail sentence of up to a year and/or fines of up to $2,500.

The council had been presented with two resolutions, the version that passed and one that also included language making marijuana possession the lowest law enforcement priority, but councilors balked at the lowest priority language, saying they feared it would send the wrong message to children. Two of the five-member council supported the lowest priority language, but they dropped that in order to pick up a third vote on the decriminalization and regulation language.

"I think it's perfectly legitimate for us to say as an elected body that there are other priorities and that we're going the wrong direction when it comes to the war on drugs," said Councilor Dave Norris in remarks reported by the Charlottesville Daily Progress.

"Obviously, we don't have the power to decriminalize marijuana, but I think it does send the message actually in support of those who can," said Councilor Dede Smith.

"I think that decriminalization has more to with regulation and control than it does with saying it's okay," said Councilor Kristin Szakos, the swing vote who suggested the one-paragraph compromise.

Two council members, Mayor Satyendra Huja and Councilor Kathy Galvin, voted against any reform resolution.

"I think passing such a resolution... would detract from community health, safety and welfare of our citizens," said Huja.

"I honestly cannot think that this bully pulpit can be used to send such mixed messages to our children," said Galvin. "We are spending a lot of time talking about state and federal law. This is not something we should be spending local time doing."

City police lobbied against the lowest priority language, saying that marijuana possession is already a low priority, accounting for only about 100 arrests a year out of the 5,000 made by police, and that many of those busts were incident to arrest on other charges.

"The officers in the police department are duty bound to enforce the laws of the city, state and federal governments. However, all police departments must balance the pressing enforcement needs of a community with their resources," read a memo to councilors from City Manager Maurice Jones and city Police Chief Timothy Longo. "The Charlottesville Police Department has done exactly that by utilizing its funding to appropriately address higher priority crimes in our city than marijuana possession. Knowing this, staff believes it is unnecessary to include a directive from council to de-prioritize the enforcement of personal marijuana use."

Public comment at the meeting was mixed, with the first six speakers opposing the resolution. Some referred to their own struggles with addiction, while others described it as an insidious drug that robs addicts of true happiness.

"Charlottesville will become the city of potheads," warned city resident Melanie Roberts.

But local attorney Jeff Fogel supported the resolutions, including the lowest priority language, and called the war on drugs "a colossal failure" that led to violence. "I don't think we elected the police department to make policy or law in this community," Fogel said. "And you know what, I'm not sure the police department does either."

The resolution was citizen-initiated, brought to the council by Jordan McNeish. Formerly involved with Occupy Charlotte, the 23-year-old activist has since founded a local NORML chapter. He said he had been busted for pot possession in the past.

Charlottesville is now on the record for marijuana reform. Where are Norfolk and Newport News, Roanoke and Richmond?

Charlottesville, VA
United States

Tacoma Passes Lowest Priority Marijuana Initiative

Voters in Tacoma, Washington, overwhelmingly approved an initiative Tuesday directing the city to make adult marijuana possession offenses the lowest law enforcement priority. The measure passed by a margin of 65% to 35%.

Organized under the auspices of the Cannabis Reform Act for the City of Tacoma, the initiative, known as I-1, directs Tacoma police and prosecutors to "make the investigation, arrest, and prosecution of cannabis (a/k/a 'marijuana') offenses the lowest enforcement priority, as this term may be defined in their policies and procedures manuals, for adult personal use."

Supporters of the initiative included medical marijuana patients, who argued that it would allow sick people in Tacoma to use their medicine without fear of legal consequences. Supporters also argued that the implementation of the measure would free up law enforcement resources for more serious matters.

But Tacoma prosecutors and law enforcement officials said the new law wouldn't change much. They said marijuana possession offenses aren't a priority now.

Tacoma is following in the footsteps of Seattle, just a few miles north on Interstate 5, which passed a lowest priority initiative in 2003. While Seattle saw hundreds of annual pot possession arrests before passing its initiative, that number dropped to dozens after it passed. Since City Attorney Pete Holmes took office last year, there has been just one prosecution for simple marijuana possession.

In Tacoma, by contrast, 463 marijuana possession cases were prosecuted last year -- so much for their not being a priority -- and 159 so far this year. Initiative proponents said Tacoma could do better by doing less when it comes to prosecuting pot possessors.

Tacoma, WA
United States

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