Driving

RSS Feed for this category

Chronicle AM: AR MedMJ Makes Ballot, Roadside Drug Tests Send Innocent to Jail, More... (7/7/16)

Arkansas will join Florida in voting on medical marijuana in November, California's Prop 64 legalization initiative just got another $1.25 million from Sean Parker, a major investigative report finds that police field drug tests are shoddy, unreliable, and are sending innocent people to jail and prison, and more.

Cheap police field drug tests are unreliable and send innocent people to jail, a major investigative report has found.
Marijuana Policy

Alaska Governor Signs Bill for National Criminal Background Checks on People Seeking Marijuana Business Licenses. Gov. Bill Walker (R) has signed into law Senate Bill 165, which will allow state regulators to send fingerprints acquired as part of the application process for marijuana business licenses to the state Department of Public Safety and FBI. Until now, regulators have been issuing licenses based on the applicant's sworn certification he does not hae a disqualifying criminal history.

Sean Parker Kicks in Another $1.25 Million for California Prop 64 Legalization Initiative. Former Facebook president and tech sector billionaire Sean Parker has just doubled his contribution to the Prop 64 campaign. Parker donated $1.25 million, bringing his total contributions so far to $2.5 million.

Medical Marijuana

Arkansas Medical Cannabis Act Qualifies for November Ballot. Arkansans for Compassionate Care (ACC) has collected enough valid voter signatures to qualify its medical marijuana initiative for the November ballot, Secretary of State Mack Martin confirmed Tuesday. A second initiative, the Arkansas Medical Marijuana Amendment, has yet to qualify for the ballot, and ACC is calling on its organizers to end their campaign and join forces.

California: San Bernardino Initiative to Allow Dispensaries Will Go to Voters. The city council voted Tuesday night to put a dispensary regulatory system before the voters in November, even though a majority disapproves of it. Their hand was forced by a petition campaign that gathered more than 6,000 voter signatures. A second, competing proposal may also make the ballot.

California: Long Beach to Vote on Allowing Dispensaries. City Clerk Maria de la Luz Garcia announced Tuesday that an initiative to allow dispensaries has qualified for the November ballot. A city council member may try to add another ballot measure that would allow dispensaries, but with more restrictions.

Drug Testing

Roadside Drug Tests Are Sending Innocent People to Jail. In a major investigative piece, Pro Publica and the New York Times Magazine have collaborated to examine the pervasive use of cheap drug field tests by law enforcement and have found that the test generate huge numbers of false positives, resulting in innocent people being jailed and wrongfully convicted of drug charges. Faced with possible prison sentences, many pleaded guilty to lesser charges despite being innocent of any crime.

International

Uruguay Marijuana Consumer Licensing System About to Get Underway. This month, Uruguay will begin signing up pot smokers to buy marijuana from state-licensed pharmacies in the world's first scheme for state-licensed production and sale of the herb. The first crop is being harvested and should be available for sale by mid-August.

Chronicle AM: OH Becomes Latest MedMJ State, Survey Says Teen Pot Use Down, More... (6/13/16)

Marijuana legalization in the states isn't pushing youth use up, April sets a pot sales record for Colorado, Ohio becomes the newest medical marijuana state, Canada's NDP wants decriminalization now, and more.

Marijuana Policy

National Survey Finds Dip in Teen Marijuana Use, Dispels Anti-Legalization Myth. The results of a federal survey released Thursday by the US Centers for Disease Control once again casts doubt on the idea that rolling back marijuana prohibition laws will lead to an increase in teen marijuana use. According to the biennial National Youth Risk Behavior Survey (YRBS), 21.7% of U.S. high school students reported using marijuana in the past 30 days, down from 23.4% in 2013 and 26.2% in 1997, the year California implemented the first state medical marijuana law. From 1996-2015, four states and DC adopted laws making marijuana legal for adult use and 23 states adopted laws making marijuana legal for medical use. The 2015 YRBS results are available online here.

Alaska Marijuana Regulators Approve First Licenses. The Marijuana Control Board last Thursday approved the first licenses for legal marijuana cultivation and testing operations. The first retail licenses are expected to be issued later this year.

Colorado Saw a Record Month for Weed Sales in April. According to the state Department of Revenue, April was the biggest month yet for legal weed, with sales of $117.4 million of buds, concentrates, and edibles sold. Of that, $76.6 million was for recreational sales.

Medical Marijuana

Ohio is the Newest Medical Marijuana State, But You Can't Smoke It. Gov. John Kasich (R) last Wednesday signed into law a medical marijuana bill that allows use of full plant material, but not in smokeable form. Under the new law, it should take up to two years for Ohioans to see the first medical marijuana dispensaries.

Asset Forfeiture

Federal Asset Forfeiture Reform Bill Filed. Last Thursday, Senate Judiciary Committee Chairman Charles Grassley (R-IA) and ranking member Patrick Leahy (D-VT) introduced the "Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act," or DUE PROCESS Act. The bill would raise the standard of proof from a "preponderance of the evidence" to the much higher "clear and convincing" standard, shift the burden of proof from innocent owners to the government, and guarantee indigent defense for property owners. The bill has not yet been assigned a bill number.

New Jersey Asset Forfeiture Reporting Bill Advances. A bill that would require county prosecutors to produce annual reports on assets seized through civil forfeiture was approved unanimously by a Senate committee last Thursday and awaits a Senate floor vote. The bill would require prosecutors to report the nature of the crime involved and the status of money or property seized.

Drug Testing

Michigan Governor Signs Roadside Drug Testing Pilot Program Bill. Gov. Rick Snyder (R) has signed into law a bill that will allow state police to conduct a one-year pilot program to conduct roadside saliva drug testing on suspected drugged drivers. The program will be conducted in five counties by officers who have completed specialized training. The bill has been criticized by some lawmakers, who said the science is lacking when it comes to the impact of marijuana on driving.

International

Canada New Democrats Call for Pot Decriminalization Ahead of Legalization. The New Democrats have introduced a motion calling on the House of Commons to recognize the contradiction in continuing to give people criminal records for something the Liberal government should not be a crime. The motion calls for the immediate decriminalization of marijuana.

Dutch Cities Call Again for Regulated Marijuana Cultivation. In a vote at the meeting of the Association of Dutch Municipalities last week, nearly 90% supported a call on the government to allow experiments with regulated marijuana production. Under Dutch law, coffee shops call sell small amounts of marijuana to consumers, but there is no provision for legally supplying the coffee shops.

Israel Marijuana Decriminalization Bill Pulled… for Now. Member of the Knesset Sharren Haskel (Likud) has pulled her decriminalization bill after Public Security Minister Gilad Erdan agreed to form a special committee to examine marijuana policy. Erdan had opposed Haskel's bill, but the two agreed to form the committee to "examine enforcement policy towards personal use of cannabis without changing the existing social norms about cannabis and general drug use."

Moroccan Party Leaders Calls for Legalization of Hash Cafes. Ilyass El Omari, secretary general of the Authenticity and Modernity Party (PAM) said he supports allowing people in hash-growing regions "to be able to open cafes where they can legally sell cannabis to consumers in reasonable and specific amounts on a weekly basis." The PAM had previously called for decriminalization and regulated cultivation for medical uses, but El Omari is now taking it a step further.

Chronicle AM: CA MJ Driving Bill Killed, OH MedMJ Init Quits, More... (5/31/16)

An effort to create a per se marijuana DUID law in California ran into a brick wall of science, the Ohio effort to put a medical marijuana initiative on the ballot shuts down, a US senator seeks an investigation into Purdue Pharma over its claims on OxyContin's extended effectiveness, and more.

The California Assembly rejects a per se marijuana DUID bill after hearing there is no scientific basis for it. (Wikimedia.org)
Marijuana Policy

California Driving While High Bill Killed. A bill that sought to create a per se marijuana drugged driving level of 5 nanograms of THC per milliliter of blood has been killed in the Assembly Appropriations Committee. The committee killed it and a bill that would have let police use oral swabs to strengthen cases after cannabis industry officials said they were not supported by science.

Medical Marijuana

Illinois Medical Marijuana Program Gets Extension, Expansion. The House Friday voted to approve a plan to expand the state's medical marijuana program by adding PTSD and terminal illness to the program's list of qualifying conditions and by extending the program for an additional 2 ½ years. Gov. Bruce Rauner (R) has now come around and says he supports the bill, which still needs a final Senate vote. The measure is Senate Bill 10.

Ohio Medical Marijuana Initiative Backers Call It Quits. Faced with a medical marijuana bill approved by the legislature and awaiting the governor's signature, Ohioans for Medical Marijuana announced Saturday that they were ending their campaign to put an initiative on the November ballot. The Marijuana Policy Project-backed effort decided to call it quits because "the reality is that raising funds for medical marijuana policy changes is incredibly difficult, especially given the improvements made to the proposed program by the Ohio General Assembly and the fact that the Governor is expected to sign the bill." The bill passed by the legislature will allow people with about 20 different diseases and conditions to use marijuana, but not to smoke it.

Heroin and Prescription Opioids

US Senator Calls on Feds to Investigate Purdue Pharma Over OxyContin Time-Effectiveness Claims. A US senator has called for a federal investigation of Purdue Pharma, the manufacturer of OxyContin, in the wake of reports that the money-making pain reliever wears off early in many patients, leaving them exposed to pain and increased risk of addiction. Sen. Edward Markey (D-MA) Friday sent letters to the Justice Department, the Food and Drug Administration, and the Federal Trade Commission urging them to begin probes of the Connecticut-based drug maker.

New York Overdose Tracking Bill Goes to Governor. The Senate and the Assembly have both approved a bill that requires the state Health Department to track non-fatal drug overdoses in a bid to get a more complete picture of opioid drug use in the state. The bill is now on the desk of Gov. Andrew Cuomo (D).

Chronicle AM: AAA Slams Per Se Marijuana Drugged Driving Laws, Brit College Hands Out Pill Test Kits, More... (5/10/16)

In a major study, AAA finds no scientific basis for drugged driving laws that assume impairment based on THC levels, Orlando becomes the latest city to downgrade small-time pot possession, the Ohio House approves a medical marijuana bill--but no smoking--an English university begins handing out pill test kits to students, and more.

Pill testing kits distributed by Britain's Newcastle University and its local SSDP chapter. (SSDP Newcastle)
Marijuana Policy

AAA Study: No Scientific Basis for Laws Regulating Marijuana and Driving. A new study from the American Automobile Association's Safety Foundation has found that per se limits (those that base an assumption of impaired driving on a specified level of THC in one's system) are "arbitrary and unsupported by the evidence."  Six states have  per se marijuana impaired driving laws, while nine states have zero tolerance marijuana DUID laws, and the AAA calls for scrapping them. They should be replaced by police officers trained to detect impairment, with a THC test as a back-up, the automobile club said.

Orlando "Decriminalizes" Pot Possession. The city council voted 4-3 Tuesday to adopt a revised measure that makes possession of 20 grams or less of weed a violation of city code. Police officers will have the discretion to issue civil citations instead of arresting violators. The fine is $100 for a first offense, $200 for a second,  and a third offense will generate a mandatory court appearance.  Small-time pot possession remains a misdemeanor under state law.

Medical Marijuana

Ohio House Approves Medical Marijuana Bill. The House voted 71-26 Tuesday to approve a medical marijuana bill, House Bill 523. Patients under a doctor's supervision could use marijuana oils, tinctures, edibles, and vapors, but could not smoke it, nor could they grow their own.  The bill specifies 18 conditions for which medical marijuana could be used and now goes to the Senate.  Meanwhile, activists are working to get a more patient-friendly medical marijuana initiative on the November ballot.

Harm Reduction

Maryland Governor Signs Needle Access Expansion Bill. Gov. Larry Hogan (R) Tuesday signed into law Senate Bill 97, which will allow thousands of Marylanders to access life-saving needle exchange programs.  The bill passed both chambers with overwhelming support. Maryland ranks 2nd nationally in new per capita HIV infections, and needle exchanges are a proven method of reducing and preventing new infections.

International

British University Handing Out Drug Test Kits to Students. In what as described as a first of its kind harm reduction effort, Newcastle University and the local Students for Sensible Drug Policy (SSDP) chapter have joined forces to distribute drug test kits so students can check and see if they drugs they are about to consume are safe or not.  “Although drugs are illegal, statistics suggest lots of young people still use illegal drugs, and that the prevalence of this use is even higher within student communities," said SSDP President Holly Robinson.  “We recognize the safest way to take drugs is not to take drugs but, as some individuals will always choose to take them, we believe it is important to make information and services available to minimise the risks."

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

Highway Drug Dog Searches: Two Diverging Trends in the Case Law [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

Chronicle AM: NE Pot Politics, DEA Drug Plane Scandal, FL Forfeiture Reform Signed, More.... (4/1/16)

Marijuana politics is hopping in New England, decrim goes into effect in Tampa, the DEA gets raked for wasting tens of millions on an anti-drug plane that never flew, Florida's governor signs an asset forfeiture reform bill, and more.

Another $86 million down the drain, thanks to the DEA and it's flightless anti-drug plane.
Marijuana Policy

Maine Marijuana DUID Bill Killed. The House voted unanimously and without debate Thursday to kill LD 1628, which would have set a standard of 5 nanograms of THC per milliliter of blood to prove a driver was impaired on marijuana. The smack down of the bill came after concerns were raised that there wasn't science to support the limit. The effort is now dead at least until next year.

Connecticut Hearing on Marijuana Legalization Set for Next Week. State Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven) are hosting an information hearing on legalization next week. Candelaria is the lead sponsor of a legalization bill, House Bill 5209. The session is set for next Tuesday afternoon at the Legislative Office Building in Hartford.

Vermont House Hears Testimony on Legalization Bill. More than 50 people testified about Senate Bill 241 at a hearing at the statehouse Thursday night. The marijuana legalization bill has already passed the Senate and has the support of Gov. Peter Shumlin (D). The first House committee vote on the bill is expected next week. If the bill passes, Vermont will be the first state to have legalized marijuana through the legislative process.

Vermont Libertarian Party Calls for Legalization Bill to Include Home Cultivation. The party says "the absence of a home growing provision will limit the bill's chances to decrease the black market" and that "legalization of marijuana is NOT all about tax revenue." The party also says that legal home cultivation "will allow Vermonters to develop their cannabis cultivation skills to support an artisan cannabis industry." The legalization bill originally contained a provision for allowing up gardens of up to 100 square feet per household, but that was stripped out after powerful politicos objected.

Decrim Goes Into Effect in Tampa, Volusia County. Marijuana decriminalization ordinances approved by governing bodies in Tampa and Volusia County, Florida, earlier this year are now in effect. In Tampa, people caught with 20 grams or less will face only a $75 ticket; in Volusia County, it's 20 grams and a $100 fine.

Asset Forfeiture

Florida Governor Signs Asset Forfeiture Reform Bill. Gov. Rick Scott (R) Friday signed into law a bill designed to reform civil asset forfeiture in the state. The bill, Senate Bill 1044, had been approved unanimously by both houses. It will require the seizing agency to make a "probable cause" determination that there is "proof beyond a reasonable doubt" that the seized goods were used in a crime.

Tennessee House Approves Civil Asset Forfeiture Reporting Bill. The House unanimously approved House Bill 2176, which will require annual reporting on law enforcement agency property seizures. The Senate is expected to vote on the measure in coming day.

Law Enforcement

DEA Spent $86 Million for Anti-Drug Plane It Never Used. The DEA procured the plane seven years ago to fly surveillance and counter-narcotics missions in Afghanistan and spent $86 million to upgrade it with surveillance capabilities -- four times the initial estimated cost -- but the plane has never left the ground and will likely never fly in Asia, the Justice Department's inspector general said in a scathing report. "Our findings raise serious questions as to whether the DEA was able to meet the operational needs for which its presence was requested in Afghanistan," the review said. The plane could be ready to fly next year, but the DEA pulled out of Afghanistan last year.

Sentencing

Petitioners Urge Senate Leader Mitch McConnell to Allow Vote on Sentencing Bill. Sentencing refom activists handed in more than 30,000 petitions to Senate Majority Leader Mitch McConnell (R-KY) Tuesday demanding that he allow the Senate to vote on the Sentencing Reform and Corrections Act (Senate Bill 2123). The bill would reduce mandatory minimum sentences for some drug offenses and give judges greater discretion to sentence below the guidelines.

International

IDPC Reviews What Was and Wasn't Gained at the CND. The International Drug Policy Consortium last year elaborated five main "asks" it was seeking at the looming UN General Assembly Special Session (UNGASS) on Drugs, and now, in the wake of the Commission on Narcotic Drugs (CND) meeting in Vienna last month, produced a sort of scoresheet on the progress made. It's a worthy read.

Chronicle AM: New Obama Opioid Initiative, DOJ Backtracks on Forfeiture Reform, More... (3/29/16)

The drug czar uses a recycled and updated version of the gateway theory to oppose marijuana legalization, the Justice Department restarts its Equitable Sharing asset forfeiture program, the president announces a new package of initiatives to fight heroin and opioid death and addiction, and more.

Obama has plans for fighting heroin and prescription opioid death and addiction. (wikimedia.org)
Marijuana Policy

Drug Czar Leans On Gateway Theory Variant to Explain Opposition to Legalization. In a hearing before the House Committee on Oversight and Government Reform last week, Office of National Drug Control Policy head Michael Botticelli reaffirmed the Obama administration's opposition to marijuana legalization, using a familiar, if discredited, argument to do so: "I think the evidence is pretty clear that early use of alcohol, tobacco and marijuana -- often used together -- significantly increases the probability that someone will develop a more significant addictive disorder later in their life," he said. "Early substance use actually effects brain development and predisposes people for more significant vulnerabilities later in their life." That sounds a whole lot like an updated version of the roundly criticized gateway theory.

Hawaii Resolution Seeks Study on Marijuana and Driving. Rep. Cindy Evans (D-North Kona) and 15 other lawmakers have introduced a resolution asking the state health department to study the effect of marijuana on driving. State law bans people from driving under the influence of impairing drugs, but there is no threshold set for marijuana because there is no widespread consensus on what an acceptable level might be.

Heroin and Prescription Opioids

Obama Announces New Moves to Fight Heroin and Opioid Abuse. In a speech in Atlanta today, President Obama unveiled a package of new initiatives to help stem the tide of death and addiction from prescription and non-prescription opioids. These initiatives are above and beyond the $1.1 billion in new spending he proposed last month. The package includes expanded access to medication-assisted treatment (methadone, buprenorphine) for addicted users, doubling the cap on the number of patients to whom a doctor may prescribe buprenorphine, increasing the number of doctors who can prescribe it, funding an increase in access to the overdose reversal drug naloxone (Narcan), ensuring that substance abuse and mental health benefits are offered for Medicaid and the Children's Health Insurance Program, and $7 million for the Justice Department to conduct law enforcement operations aimed at heroin distribution.

Asset Forfeiture

Justice Department Resumes Equitable Sharing Program -- More Money for Cops. The Justice Department has announced it is resuming its program that allows state and local law enforcement agencies to do an end run around state asset forfeiture laws by handing investigations over to the feds. State laws may mandate that seized funds go in the general fund or other specified funds, but under the federal program, 80% of the seized funds go to the seizing law enforcement agency, not the state's general or other specified funds. Law enforcement lobbying groups had been loudly protesting the program's shutdown last fall, claiming they needed the windfalls to do their jobs. Now, the program is back on line.

Harm Reduction

Overdose Reversal Drug Naloxone Has Saved 2,500 Lives in North Carolina. In less than three years, some 2,500 North Carolinians have had their heroin or prescription opioid overdoses reversed by people using naloxone (Narcan), the North Carolina Harm Reduction Center reported today. As of today, the number stands at 2,503. "Through distributing naloxone with NCHRC, I have been able to save the lives of many of my friends, loved ones and peers," says Kendra, a volunteer distributor in Wilmington. "Without this amazing group of people and this life-saving drug, many people who are very close to me may not have had a second chance at life. In the last few months alone I have had close to 100 reversals reported to me personally and many of those people are now in recovery because they were ready to make a change in their lives after overdosing."

International

Mexican Popular Support for Marijuana Legalization Rising, But Still Low. This year's officially-supported debate on marijuana legalization appears to be having an impact. Mexico has never been a legalization-friendly country, and in October, daily polls had support for legalization at only 7%, with 92% opposed. But six months later, after the issue has been publicly debated, pro-legalization sentiment has increased four-fold, to 29%, with opposition dropping to 66%. The trend is in the right direction, but there's still a long way to go.

Chronicle AM: CDC Urges Docs to Severely Limit Pain Pill Prescribing, NY Rep Wants Safe Injection Sites, More... (3/16/16

Another poll has a national majority for pot legalization, the Vermont legalization bill is now before the House, the CDC urges doctors to really cut back on pain pill prescriptions, a New York assemblywoman wants supervised injection sites, a Mexican governor wants a pilot program of opium cultivation, and more. 

Prepare for physicians to begin tightening up on writing pain pill 'scrips. (Creative Commons)
Marijuana Policy

Another Poll Has a Narrow National Majority for Legalization. A new national tracking poll conducted by Morning Consult has support for legalization at 52%, with 43% opposed and 5% undecided. That's in line with other major national polls in recent years that generally show support for legalization in the 50s. The most recent Gallup poll had it at 60%.

Massachusetts Sheriffs Oppose Legalization Initiative. More of the usual suspects weigh in against legalization, with the state's sheriffs saying it would destigmatize drug use and make it easier for teens to get their hands on the weed. Last week, the state Hospital Association and leading elected officials, including Gov. Charlie Baker (R), Attorney General Maura Healey (D), and Boston Mayor Marty Walsh (D) came out against the initiative from the Campaign to Regulate Marijuana Like Alcohol in Massachusetts.  

Vermont Legalization Bill Now Before House. Senate Bill 241, the pot legalization bill, is now before the House Judiciary Committee. On Tuesday, Sen. Dick Sears (D-Bennington) and Sen. Joe Benning (R-Caledonia) introduced the bill to the committee.

Medical Marijuana

Georgia CBD Cannabis Oil Bill Revived. Supporters of House Bill 722, which would expand access to CBD cannabis oil, have resurrected the measure by attaching its language to an old Senate bill. It could go to a House vote as early as today. The bill would expand conditions that qualify for CBD cannabis oil and allow companies outside the state to ship it in. Language that would have allowed in-state marijuana cultivation to produce the oil was stripped out earlier in the House.

More Michigan Medical Marijuana Dispensary Raids. The West Michigan Enforcement Team (WEMET) has raided four dispensaries for allegedly selling medical marijuana to cardholders who were not their registered patients. Two were in Saugatuck, one in Allegan City, and one in Pullman. Twelve other Northern Michigan dispensaries were raided last week.

Ohio Medical Marijuana Campaign Resubmits Initiative. That didn't take long. Last Friday, Attorney General Mike DeWine (R) rejected the Ohioans for Medical Marijuana initiative because of deficiencies in its summary. On Tuesday, the campaign submitted revised language. After 20 days of review by state officials, the campaign will then have until July to gather 306,000 valid voter signatures to qualify for the November ballot.

Criminal Justice

Massachusetts Conference Committee Agrees on Ending Driver's License Suspensions for Drug Offenders. House and Senate negotiators announced Tuesday that they had reached agreement on a bill to end the state's long-running policy of automatically suspending for five years the driver's licenses of people convicted of drug crimes. The relic of the 1980s drug war will be officially repealed after the full House and Senate vote on the amended bill. Both houses passed bills, and the conference committee has been ironing out the differences. More than 30 other states have taken similar steps.

Heroin and Prescription Opioids

CDC Urges Docs to Reduce Prescribing Pain Relievers. In a move bitterly decried by chronic pain advocates, the Centers for Disease Control and Prevention (CDC) said Tuesday doctors should only prescribe opioid pain relievers as a last resort. Instead, doctors should urge their patients to try physical therapy, exercise, and over-the-counter medications before using opioids to treat chronic pain. The CDC is recommending not using opioids except to treat cancer and for palliative end-of-life care, using the lowest effective dose of opioids, and limiting prescriptions to three days for short-term pain.

Harm Reduction

New York Assemblywoman Wants Supervised Injection Facilities Statewide. Assemblywoman Linda Rosenthal (D-Manhattan) said Tuesday she will soon introduce a bill to establish the harm reduction facilities. Rosenthal's move comes after Ithaca Mayor Svante Myrick hoisted a proposal for such a facility there. "New York, and nearly every other state across the country, is grappling with a heroin and opioid addiction crisis that has grown to epidemic proportions," said Rosenthal, who heads the Assembly's Committee on Alcoholism and Drug Abuse, in a statement. "Addiction is a public health crisis, and we must address it as such, with aggressive, community-based solutions that reduce harm and provide access to life-saving treatment services."

International

Mexican Governor Proposes Legalizing Opium Cultivation.  Hector Astudillo, governor of violence-plagued Guerrero, said Monday that legalizing opium cultivation for medical purposes might help reduce the violence in his state and the idea should be considered. "Let's do some sort of pilot scheme," Astudillo, a member of President Enrique Pena Nieto's Institutional Revolutionary Party, said. "Provided it's used for medical issues ... It's a way out that could get us away from the violence there has been in Guerrero," he added.

Chronicle AM: ME Legalizers Vow Court Fight Over Rejected Signatures, LA Won't Ban Music Festivals, More... (3/4/16)

The Maine marijuana legalization campaign will fight to get its signatures counted, Tampa takes a first vote to decriminalize pot possession, an Idaho medical marijuana initiative gets pulled, a West Virginia welfare drug testing bill gets a hostile reception, and more.

Electronic music festivals will continue in Los Angeles County, but with restrictions. (wikimedia.org)
Marijuana Policy

Maine Legalizers Vow Court Fight to Get Signatures Counted. The Campaign to Regulate Marijuana Like Alcohol will appeal the state's ruling that its legalization initiative did not qualify for the ballot after the state rejected 17,000 signatures certified by one notary. "We think they've made a big error in judgment," said campaign director David Boyer. The campaign had handed in 99,000 raw signatures and only needed 61,000 to qualify, but after the 17,000 signatures in question were disallowed, the campaign only had 51,000 valid voter signatures. The campaign has 10—make that nine—days in which to appeal the decision, and the courts must decide the issue within 30 days after that.

Maine Bill Would Set Blood Level for Marijuana-Impaired Driving. The legislature's Criminal Justice and Public Safety Committee is considering LD 1628, which would set the level for operating under the influence of marijuana at 5 nanograms of THC per 100 milliliters of blood. If the bill passes, Maine would become one of a half dozen states that have adopted such laws

Tampa City Council Takes First Vote to Decriminalize. The city council voted 5-1 Thursday to pass a marijuana decriminalization ordinance. A second and final vote will take place on March 17. The ordinance would decriminalize the possession of up to 20 grams of pot, with a $75 fine for a first offense, $150 for a second offense, and $450 for subsequent offenses.

Medical Marijuana

Florida House Approves Medical Marijuana Bill. The House Thursday approved House Bill 307, which allows terminal patients to use nonsmokable marijuana and adds regulations for dispensing groups, patients, and doctors under the Compassionate Medical Cannabis Act. Similar legislation is moving in the Senate.

Idaho Activists Stop Initiative Campaign in Wake of Misstated Petition Language. New Approach Idaho has stopped its petition campaign after the American Academy of Pediatrics objected to being identified on the front page of the petition as medical marijuana supporters. New Approach Idaho said the misrepresentation of the academy's position—it has called for rescheduling marijuana—was unintentional.

Rhode Island Bill to Double Dispensaries Filed. Rep. Scott Slater (D-Providence) has filed House Bill 7808, which would increase the number of dispensaries in the state from three to six

Drug Testing

Alaska Bill to End Ban on Food Stamps for Drug Felons Would Require Drug Testing. Alaska is one of only 10 states that still bar people with drug felonies from obtaining food stamps, and legislation to end the ban is progressing, but the latest version of the bill, Senate Bill 91, would require drug felons getting food stamps to pass both scheduled and random drug tests. The bill also contains a provision stating that if the drug testing provision is overturned in the courts, the state would revert to the blanket ban on drug felons receiving food stamps. The Alaska Criminal Justice Commission, which helped shape the bill, had recommended removing the ban without any eligibility restrictions, including drug testing.

West Virginia Welfare Drug Testing Bill Gets Criticized at Hearing. A measure to require welfare recipients to first be screened for drug use, Senate Bill 6, got a hostile reception from witnesses at a House Judiciary Committee hearing today.  "Investing in substance abuse treatment is an efficient use of taxpayer dollars, but expensive and unnecessary policies that are based more on stereotype and punishing the poor rather than on facts and evidence are not," said Sean O’Leary, policy analyst with the West Virginia Center on Budget & Policy. The state ACLU affiliate called it an invasion of privacy. The bill has already passed the Senate.

Festivals and Clubbing

Los Angeles County Won't Ban Electronic Music Festivals, But Will Add Restrictions. The Board of Supervisors voted Tuesday to reject a total ban on music festivals, instead approving an ordinance that will allow it to approve them on a case-by-case basis. The county has been under pressure to do something after two young women died of drug overdoses during the HARD Summer music festival last year. 

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School