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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. 

Chronicle AM: VT Senate Votes to Legalize Marijuana, DC Pot Arrests Plummet, More... (2/25/16)

The Vermont Senate passes marijuana legalization, DC enjoys the benefits of legalization, Pennsylvania will finally get a vote on medical marijuana, and more.

Legalization advances at the statehouse in Montpelier. (Wikimedia Commons)
Marijuana Policy

Vermont Senate Votes to Legalize Marijuana. The state Senate today voted 17-12 today to approve a bill that would end marijuana prohibition in the state and replace it will system of taxation and regulation. The vote today was the second Senate vote this week to approve the bill, which will now go to the House for consideration. The measure, Senate Bill 241, would allow people 21 and over to possess up to an ounce of marijuana, but not to grow it after some powerful lawmakers said that provision would be a deal-breaker. Instead, the bill now contains a provision to create a study commission to examine home cultivation and the issue of edibles, which are also not allowed. The bill also envisions a system of tightly regulated commercial marijuana cultivation, testing, and distribution, which would include licensed retail marijuana outlets.

DC Marijuana Arrests Plummet in Year After Legalization. On Friday, the District celebrates a year of marijuana legalization, and one of the things it's celebrating is a dramatic decrease in people being sucked into the criminal justice system for pot. Overall, marijuana arrests declined 85% from 2014 to 2015, and pot possession arrests declined by an amazing 98%, from 1,840 in 2014 to only 32 in 2015.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get House Vote. A long stalled medical marijuana bill will get a House vote after House Majority Leader Dave Reed (R-Indiana County) agreed to quit holding up the measure. The move prompted a supportive statement from Gov. Bill Wolf (D), who said, "I support the legalization of medical marijuana and I believe it is long past time to provide this important medical relief to patients and families across the commonwealth… It is time to legalize medical marijuana because we should not deny doctor-recommended treatment that could help people suffering from seizures or cancer patients affected by chemotherapy. I urge quick action by the legislature to legalize medical marijuana."

Georgia House Committee Expands Qualifying Conditions. The House Judiciary Non-Civil Committee Wednesday approved adding seven medical conditions to the state's CBD cannabis oil program. Included are autism, post-traumatic stress disorder, and HIV or AIDS, among others. The bill, House Bill 722, now goes to the House Rules Committee. But bill sponsor Rep. Allen Peake (R-Macon) isn't so pleased -- the bill was designed to allow cultivation of CBD cannabis oil in the state, but that provision was gutted in committee.

Asset Forfeiture

US Senator Kelly Ayotte Files Bill to Restore Asset Forfeiture Funding for Cops. Sen. Ayotte (R-NH) Wednesday filed Senate Bill 2576, which would require the federal government to recommence distributing funds from the Justice Department's Asset Forfeiture Program. The Justice Department turned off the asset forfeiture spigot last year, and state and local law enforcement agencies have lost nearly $1.2 billion they would have used for drug investigations.

Wyoming Asset Forfeiture Reform Bill Passes Legislature. The House Wednesday gave unanimous final approval to Senate File 46, which would reform -- but not end -- civil asset forfeiture. It requires law enforcement officials to consult with the attorney general on whether to proceed with forfeiture and a hearing before a judge within 30 days. It also shifts the burden of proof to the government to show there is "clear and convincing" evidence the property was involved in a crime. Gov. Matt Mead (R) last year vetoed a bill to end civil asset forfeiture, and similar legislation this year went nowhere.

Drug Testing

Michigan Driver Drug Testing Bill Stirs Opposition. A bill that aims to set up a pilot program allowing state police to conduct roadside saliva testing for marijuana, cocaine, heroin, and other drugs has passed the Senate, but is stirring opposition as it moves through the House. The bill, Senate Bill 434, is "bad science" and would set a "dangerous precedent," said criminal defense attorney Neil Rockind. "A pilot program is a test program and, in this case, treats people as guinea pigs to be studied," he said. "People are not guinea pigs. No citizen should be the subject of a test program when their liberty and way of life are on the line." The bill is currently before the Michigan House Judiciary Committee.

Chronicle AM: MPP Eyes OH MedMJ Init, MD Solons Override Paraphernalia Veto, More... (1/21/16)

The state legislative season is now underway and marijuana-related bills are popping up in various states, Michigan ponders roadside drug testing bills, Canada's Tories bow before the inevitability of marijuana legalization, and more.

Marijuana is on the legislative agenda in states around the country. (wikimedia.org)
Marijuana Policy

Kansas Legislators Hold Hearing on Decrim, Hemp, and Medical Marijuana Bill. The Senate Corrections and Juvenile Justice Committee met Wednesday to hear testimony on House Bill 249, which would reduce penalties for pot possession, allow the limited use of medical marijuana, and allow for a pilot project on hemp production. The measure has already passed the House.

Maryland Legislature Overrides Veto of Pot Paraphernalia Decrim. Both the House and the Senate voted today to override Gov. Larry Hogan's (R) veto of Senate Bill 517, which fixed an oversight in the state's decriminalization law. The bill removes criminal penalties for the possession of pot paraphernalia, which the original decrim bill failed to do.

Medical Marijuana

Marijuana Policy Project Eyes Ohio Medical Marijuana Initiative. MPP said Wednesday it plans to put a medical marijuana initiative on the 2016 ballot. The initiative would take the form of a constitutional amendment, but has not yet been drafted.

Utah "Whole Plant" Medical Marijuana Bill Filed. Sen. Mark Madsen (R-Saratoga Springs) has introduced Senate Bill 73, which would create a full-fledged medical marijuana system in the state. The bill would only allow marijuana to be consumed in the forms of oils and gummies, not smoked. Another bill already filed would allow only cannabidiol.

Industrial Hemp

Missouri Hemp Bill Hearing Turns Into Debate About Possibility It Could Lead to Pot Legalization. It was supposed to be a debate about establishing a pilot program for industrial hemp production, but the discussion of Senate Bill 584 quickly devolved as representatives of law enforcement said that while they didn't oppose the bill, they feared it be the camel's nose under the tent for pot legalization. "It is no secret that many would look at a bill such as this as the first step to legalizing marijuana," said St. Charles County Prosecuting Attorney Tim Lohmar. No vote was taken on the bill. Similar legislation passed the House last year, but never got a Senate vote.

Drug Testing

Indiana Unemployment Drug Testing Bill Hits Snag. The Senate Pensions and Labor Committee heard an unemployment drug testing bill, Senate Bill 245, but took no vote on it after the committee chairman said it "needs some more work." The bill sponsor, Sen. Jon Ford (R-Terre Haute) was unable to say how many people would be drug tested or produce any supporting data for the bill other than to say that employers in his district tell him they can't get people to take drug tests.

Michigan Bills Would Allow Roadside Drug Testing. A pair of bills, Senate Bill 207 and Senate Bill 434 would create a pilot program for roadside drug testing. The latter would authorize State Police to create a pilot program, while the former would authorize officer who are certified drug recognition experts to require drivers to submit to drug tests.

International

Scientists Call for New Approach to Evaluating Illicit Drug Policy. In an open letter released by the International Centre for Science in Drug Policy (ICSDP), scientific experts from around the globe called on governments to align illegal drug policies with community concerns -- not on reducing the availability of illicit drugs. The move comes as part of the run-up to the UN General Assembly Special Session on Drugs, set for April.

Canada's Tories See the Writing on the Wall for Marijuana Legalization. Liberal Prime Minister Justin Trudeau has vowed to legalize marijuana, and Canada's Conservative Party seems to realize it can do nothing to stop it. "The new government will legalize marijuana," Rona Ambrose, interim leader of the Conservative Party of Canada, said in a radio interview on Wednesday. "We know that."

Chronicle AM: El Chapo Captured, ME Gov's Race-Tinged Remarks Draw Outrage, More... (1/8/16)

Mexican authorities have recaptured the fugitive head of the Sinaloa Cartel, Maine's Tea Party governor goes racial on drugs, while other New England states move toward drug reforms, and more.

Joaquin "El Chapo" Guzman, head of the Sinaloa Cartel, arrested today in Mexico
Medical Marijuana

Missouri Medical Marijuana Initiative Approved for Signature Gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

Asset Forfeiture

New Hampshire House Passes Asset Forfeiture Reform. The GOP-controlled House Thursday approved a bill that would divert money garnered through civil asset forfeiture away from law enforcement and into the state's general fund. The bill would also require a criminal conviction before seized property can be permanently forfeited and it would provide protections for "innocent owners." The bill is House Bill 636. It now goes to the Senate.

Drug Policy

Maine Governor Says Black Out-of-State Drug Dealers Are "Impregnating Young White Girls." During a town hall meeting on Wednesday night, Gov. Paul LePage (R) was asked about how he was tackling substance abuse in Maine. What was his response? "These are guys with the name D-Money, Smoothie, Shifty -- these types of guys -- they come from Connecticut and New York, they come up here, they sell their heroin, they go back home." He then elaborated: "Incidentally, half the time they impregnate a young white girl before they leave, which is a real sad thing because then we have another issue we have to deal with down the road." He is catching lots of flak for his comments.

Massachusetts House Votes to Repeal Mandatory Driver's License Suspension for Drug Offenders. The House voted Thursday to repeal a state law mandating automatic driver's license suspensions for people convicted of drug offenses -- whether they were driving or not. About 7,000 people have their licenses suspended for drug offenses each year, imposing significant barriers to social reentry for drug offenders. "This vote shines a bright light on our state's evolving understanding of drug policy, and emphasizes our ongoing need to advance an approach to criminal justice and drug law reform that prioritizes treatment and rehabilitation over harmful punitive measures that impede Massachusetts residents from successfully reentering and re-engaging their communities," said Rep. Tom Sannicandro, Chair of the Harm Reduction and Drug Law Caucus. The bill now goes to the Senate.

International

El Chapo Captured! Mexican President Enrique Pena Nieto announced on his Twitter feed this morning that Joaquin "El Chapo" Guzman, fugitive head of the Sinaloa Cartel had been recaptured in his home state of Sinaloa. He had escaped from a Mexican federal prison last July. That was his second prison break. He also escaped from a Mexican federal prison in 2001 and eluded capture for more than a decade. Not this time. Guzman heads what is arguably the most powerful drug trafficking organization in the world.

Chronicle AM: Drug Czar Calls Drug War a Failure, But..., New Yorkers Toke Up in Streets, More (12/15/15)

The New York Times discovers public pot smoking in its backyard, another Florida jurisdiction decriminalizes, Florida's medical marijuana program faces more delays, the drug czar calls the drug war a failure, and more.

Marijuana Policy

New Yorkers Are Smoking Pot on the Streets! The New York Times rather breathlessly reports it has discovered that "lighting up and strolling around seems increasingly common in pockets of Brooklyn, on side streets in Manhattan and in other public spaces." The newspaper cites street smokers are saying they are emboldened by legalization elsewhere in the country and by the low-key comments of the city's leaders, including the police commissioner. Public pot smoking remains an arrestable offense, but that doesn't appear to be stopping a lot of people, especially white people. White people make up less than 9% of those arrested for pot possession.

Florida's Palm Beach County Decriminalizes. County commissioners voted this morning to decriminalize the possession of 20 grams or less of marijuana. Officers can still arrest possessors, but now have the option of simply issuing them a $100 ticket instead. Miami-Dade County has already decriminalized, and so have several municipalities in the Greater Miami area.

Medical Marijuana

Florida Challenged Over Medical Marijuana Grower Licensing. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

Drug Policy

Drug Czar Calls Drug War a Failure, But Resists Calls to Legalize Marijuana. Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Michael Botticelli proclaimed the war on drugs a failure during a CBS "60 Minutes" interview. He said the "failed policies and failed practices" of the past were largely responsible for the country's mass incarceration problem. "It has been all wrong," he said. "We can't arrest and incarcerate addiction out of people. Not only do I think it's really inhumane, but it's ineffective, and it cost us billions upon billions of dollars to keep doing this." But he couldn't wrap his head around marijuana legalization, arguing that legal drugs kill half a million people a year and that legalizing would send the wrong message."So, we know that about one in nine people who use marijuana become addicted to marijuana. It's been associated with poor academic performance, in exacerbating mental health conditions linked to lower IQ," he said, adding that he fears states becoming co-dependent on "tax revenue that's often based on bad public health policy."

International

Ireland Proposes Drugged Driving Law That Could See "Completely Sober" Drivers Arrested. Transport Minister Paschal Donohoe is backing proposed drugged driving legislation that would allow for roadside drug testing of drivers and prosecution of drivers who had even inactive metabolites of drugs such as marijuana in their systems. When asked if the bill could lead to the prosecution of "completely sober" drivers, Donohoe replied, "yes." Under more questioning, he denied that prosecuting drivers who were not impaired but who had marijuana metabolites in their systems was a case of the government prosecuting drug offenses. "No, it's a road safety offense," he said.

Chronicle AM: AK to Allow Some Social Pot Smoking, Sentencing Reform Moves in Congress, More (11/23/15)

Marijuana Policy

You'll be able to toke up with this at some Alaska pot shops. (wikimedia.org)
Alaska Will Allow Marijuana Use at Some Stores. The state's Marijuana Control Board voted 3-2 last Friday to allow consumption at some pot shops, making it the first state to do so. Board Chairman Bruce Schulte said there seemed to be public demand for such an option.

New Jersey Marijuana Arrests Going Up, Not Down. Even as state legislators discuss marijuana legalization, New Jersey cops are busily arresting pot smokers at a record pace. Marijuana arrests jumped 10% in 2012 and 10% again in 2013, according to New Jersey State Police Uniform Crime Reports. The 24,765 marijuana arrests is the highest number in 20 years, and nearly double the amount in 1993.

Vermont Legalization Supporters Release Report. The Vermont Cannabis Collaborative has released a report outlining a legalization framework for state lawmakers. The report calls for home grows of up to nine plants, craft growers who could grow up to 99 plants, and large-scale operators, who could have a grow space of up to 30,000 feet. There's much more at the report link.

Medical Marijuana

Arizona Supreme Court Mixed Ruling on Medical Marijuana DUID. The state's high court ruled last Friday that medical marijuana cardholders don't have immunity from prosecution under the state's DUID law, but also held that cardholders can try to mount a defense showing that they did not have enough marijuana or pot metabolites in their system to actually be impaired.

Pennsylvania Medical Marijuana Bill Wins Committee Vote. The House Rules Committee voted 25-8 last Wednesday to advance a medical marijuana bill. The bill has already passed the Senate, but still needs a House floor vote. Gov. Tom Wolf (D) has said he will sign the bill.

Heroin and Prescription

Maryland Legislator Proposes Heroin Maintenance Program. Delegate Dan Morhaim (D) said last Thursday he plans to offer legislation next year to provide free heroin to addicts in a bid to reduce crime.

Asset Forfeiture

New Mexico Senators Sue Albuquerque Over Asset Forfeiture. A bipartisan pair of state senators have filed a lawsuit against the city of Albuquerque over its vehicle seizure program, which they say violates the state's recently passed asset forfeiture reforms. Sens. Lisa Torraco (R-Albuquerque) and Daniel Ivey-Soto (D-Albuquerque) are seeking an injunction to stop the city from seizing vehicles without the owner first being convicted of a crime.

Harm Reduction

FDA Approves Narcan Nasal Spray. The Food and Drug Administration last Thursday approved a naloxone nasal spray to stop or reverse opiate overdoses. The FDA said it was as effective as the injectable form of the drug.

Sentencing

Historic Sentencing Reform Bill Passes House Judiciary Committee. Last Thursday, the House Judiciary Committee voted unanimously to advance the Sentencing Reform Act. The bill, introduced by Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), and sponsored by thirty other Representatives, would reduce mandatory minimum sentences for drug offenses, expand the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and make many of the sentencing reductions retroactive. The bill is also moving in the Senate, where the Senate Judiciary Committee advanced its version last month.

International

China Bans More Than a Hundred New Psychoactive Substances. China last month banned more than a hundred new psychoactive substances, including alpha-PVP, more widely known as "flakka." It is now illegal to distribute flakka, synthetic opiates, and a score of other chemicals.

Chronicle AM: Gallup Poll: 58% for Marijuana Legalization, MI Forfeiture Reforms Signed, More (10/21/15)

The trend toward supporting marijuana legalization is becoming ever more apparent, asset forfeiture reforms become law in Michigan, but get attacked by law enforcement in Tennessee, harm reductionists call on the UN to officially release a drug decriminalization document, and more.

Truckers and other labor groups are urging the House to reject hair drug testing. (wikimedia/Veronica538)
Marijuana Policy

New Gallup Poll Has Support for Marijuana Legalization at 58%. A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. Gallup says that figure is likely to continue to increase, thanks both to younger residents being more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization. Click on the title link for our Chronicle news brief on the poll.

Asset Forfeiture

Michigan Governor Signs Asset Forfeiture Reform Package. Gov. Rick Snyder (R) Tuesday signed into law a seven-bill package aimed at beginning to rein in asset forfeiture abuses in the state. The bills don't end civil asset forfeiture, but increase the burden of proof required to seize and keep confiscated property and require law enforcement agencies to file annual reports documenting their seizure activities.

Tennessee Cops Lobby Against Asset Forfeiture Reform. Law enforcement officials Monday lobbied lawmakers to not adopt asset forfeiture reforms in the Volunteer State. Shelby County Prosecutor Steve Jones, said seizing assets to fund policing activities was "government at its best" and warned that changing the law would result in more crime. He wasn't the only one. Click on the link for more.

Drug Testing

Unions Fight Truck Driver Hair Drug Testing. The AFL-CIO's Transportation Trades Department is trying to stop a proposal that would allow hair drug testing for truck drivers. The proposal is included in a highway bill that passed the Senate in July. The union has no problem with urine testing, which has been in place since 1991, but says that hair testing is untested. "[Health and Human Services] has not approved hair specimen for use in drug tests, and no HHS-issued technical standards for hair testing exist -- and for good reason. Hair testing is not ready for primetime," the union said. The union argues that hair testing could cause positive test results from environmental exposure -- not just personal drug use.

West Virginia Lawmakers Continue to Ponder Welfare Drug Testing. Even though efforts to push through welfare drug testing have failed in the past, legislators Monday were back at it. At a hearing, state health officials told lawmakers fewer than 220 of 2,700 adults enrolled in the food stamp program were likely to use illegal drugs. The committee will continue to study the issue through the year, members said.

International

International Harm Reduction Conference Delegates Call on UN to Officially Release Leaked Drug Decriminalization Paper. More than 500 delegates at the International Harm Reduction Conference in Kuala Lumpur called on the UN Office on Drugs and Crime (UNODC) today to officially release a document proposing drug decriminalization. The paper had been leaked by Sir Richard Branson, prompting UNODC to say the paper was "not a final document." "The overwhelming support from our delegates today for the UNODC's drug decriminalization recommendations should embolden them to show brave leadership on this issue, and publish the document in its current form," said Rick Lines, head of the International Harm Reduction Association, which organized the conference.

Here Comes the Big One: The ReformCA Marijuana Legalization Initiative [FEATURE]

The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.

The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs.

"We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot," ReformCA said. "We engaged in extensive discussions with thousands of stakeholders across California, including community leaders, activists, elected officials, city and county employees and locals."

ReformCA also consulted with the California NAACP, the Latino Voters' Leagues, Law Enforcement Against Prohibition, and medical, health care and environmental groups. It took part in lengthy discussions with the Drafting Advisory Group, which includes state and national activist and industry groups, including the Drug Policy Alliance, the Marijuana Policy Project, Americans for Safe Access, the California Cannabis Industry Association, the Greater Los Angeles Collective Alliance, the Emerald Growers Association, New Approach, the Harborside Group, and the Council on Responsible Cannabis Regulation.

"We've filed our proposed initiative language based on the policy priorities and common sense reforms Californians have been asking for for six years now" and the Manatt, Phelp and Phillips Law Firm has created "an elegant policy document," ReformCA said, adding that it was crafted to comport with the guidelines laid down by pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy and to complement the statewide medical marijuana regulation scheme approved last month by the legislature.

A handful of other legalization initiatives have already been filed, and some are approved for signature gathering, but there isn't much sign that any of them have the bucks or the organization to get the job done. It takes some 365,000 valid voter signatures to qualify for the November 2016 elections, a number that means paid signature gathering at a cost that could run a million dollars or more.

And that's just to get on the ballot. With 38 million residents and some of the country's largest media markets, California is an expensive place to run an initiative advertising campaign -- as in $10 million or $20 million or more.

Let the campaign begin! (reformca.com)
There is money out there, and unlike 2010, when Richard Lee's Proposition 19 came up short, both financially and at the polls, the state's already existing legal (medical) marijuana industry looks to be gearing up to help. Earlier this year, Weedmaps.com contributed $2 million toward the cause, with half going to an initiative campaign committee that will spend it on the initiative it likes best. The other half is going to a PAC that will work to elect pro-legalization candidates. Facebook cofounder Sean Parker, who did support Prop 19, says he will probably invest in a legalization initiative, too.

But if, as expected, both the Drug Policy Alliance and the Marijuana Policy Project get behind the ReformCA initiative -- they were a teensy bit nervous last week -- that should help open the floodgates and pave the way to getting those signatures and making the ballot.

This is a first draft of the initiative, and the campaign is seeking feedback before filing a final version, but only until midnight Pacific Time this Wednesday. Here's what it will do:

  • Personal Use and Cultivation. Legalizes possession of up to an ounce by people 21 and over and allows for personal cultivation of up to 100 square feet and the possession of "the results of lawfully harvested homegrown cannabis."
  • Unlawful Acts. A $100 fine for minors possessing or sharing not more than an ounce with other minors; a $500 fine for adults providing less than an ounce to minors, for minors who possess more than an ounce but less than a pound, for adults who possess more than an ounce, for public consumption, and for smoking up in a moving vehicle; either a misdemeanor or infraction (prosecutor's choice) for possessing more than a pound, selling more than an ounce but less than a pound, growing marijuana beyond 100 square feet without a license or as a minor; a felony for providing pot to minors under 18, distribution to other states, growing on federal or state protected lands, or engaging in violence.
  • Driving. No measuring metabolites. Instead: "A person shall be deemed to be under the influence of cannabis if, as a result of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle or operate a vessel with the caution of a sober person, using ordinary care, under similar circumstances. This standard shall be the sole standard used in determining driving under the influence allegations."
  • Employment. Does not affect employers' ability to fire employees for marijuana use.
  • Medical Marijuana. With limited exceptions, "does not infringe upon the protections granted under the Compassionate Use Act of 1996," grants business licenses to existing, compliant medical marijuana businesses.
  • Regulated Marijuana Commerce. Establishes the California Cannabis Commission and the Office of Cannabis Regulatory Affairs to regulate and rule-make; envisions licenses for cultivation, nursery, manufacturing, distribution, transportation, retail, and testing enterprises.
  • Local Control. Cities and counties can ban marijuana commerce, including retail outlets, but not delivery services, but only by popular vote -- not by executive or legislative action. This means the default position is "no ban."Localities cannot ban personal cultivation.
  • Taxation. Tax on cultivators of $2 per square foot licensed; production tax paid by first purchaser of $15 an ounce ($5 an ounce for first 500 pounds from small producers); 10% retail sales tax -- half to the state and half to the locality.

Remember this is just the draft, but ReformCA is finally out of the gate. California should join the ranks of the legalization states next year, and the Control, Regulate and Tax Cannabis Act of 2016 is the most likely vehicle.

Oakland, CA 95472
United States

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