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House Committee Votes to Block DC Decrim

The GOP-dominated House Appropriations Committee stuck a thumb in the eye of democratic governance in the nations capital this morning. The committee voted to prevent the District of Columbia from implementing marijuana decriminalization approved by the District government. 

The move came in the form of an amendment to the District appropriations bill by Rep. Andy Harris (R-MD). It passed on a vote of 28 to 21.

The amendment could also threaten the District's medical marijuana program.

Speaking of the District's medical marijuana program, this vote today brings back some bad memories. DC voters overwhelmingly approved medical marijuana in 1998, but, thanks to a measure similar to today's amendment, Congress blocked it for nearly a decade. It wasn't until 2009, with Democrats in control of the House, that the block was lifted. 

The Marijuana Policy Project (MPP) says it and other advocates will seek a floor vote to strip this amendment from the appropriations bill. It would seem to go against the spirit of a House that less than a month ago voted to prevent the Justice Department from enforcing federal marijuana laws against patients and providers in compliance with state medical marijuana laws.

Here's what MPP director of federal policies Dan Riffle had to say:

“The District of Columbia wisely decided to use stop wasting its own resources enforcing ineffective and racially biased laws and to allow those with serious illnesses whose doctors recommend it to use medical marijuana. Unfortunately, unlike every state in America that gets to determine its own laws, Washington, D.C. laws are reviewed by Congress where Washington, DC residents have no voting representatives," he said.

“Marijuana is significantly less harmful than alcohol, and polls clearly show most Americans want to see it treated that way. We’ll do everything we can to restore democracy in D.C. and ensure this regressive amendment is rejected when it is considered by the full House. Mr. Harris’s antiquated, unscientific views on marijuana should be his constituents’ problem, not the District of Columbia’s,” he vowed.

Location: 
Washington, DC
United States

Chronicle AM -- June 24, 2014

Your fearless reporter has been traveling, so the schedule is off, but the drug policy news continues. Paul Stanford calls it quits in Oregon, pot shops are coming within days in Washington, an Alabama drug task needs to reconsider its priorities (or maybe the people funding it need to reconsider theirs), and more. Let's get to it:

Coming soon to a store near you -- if you live in Washington state.
Marijuana Policy

Paul Stanford Pulls Plug on Oregon CRRH Initiative. Paul Stanford, the man behind the Campaign for the Restoration and Regulation of Hemp legalization initiatives, announced Friday that had given up the effort to qualify for the November ballot. That leaves the New Approach Oregon initiative, which is well over 100,000 signatures. It needs some 87,000 valid voter signatures to qualify, and the campaign still has another week to get more signers.

Washington State Liquor Control Board Says First Marijuana Retail Stores Will Open July 8. The board, which is charge of legal marijuana commerce, said it will issue the first licenses July 7, but that the licensees would have to spend that first day getting their product into their store tracking programs.

Medical Marijuana

Rhode Island Legislature Amends Medical Marijuana Law. The legislature has amended the state's medical marijuana law to require national criminal background checks on all caregiver applicants and the mandatory revocation of the caregiver registry ID cards for those convicted of a felony. The bill, House Bill 7610, won final approval by the Senate last Friday. It also allows landlords not to lease to cardholders who want to grow and imposes weight, plant, and seedling limits on growing co-ops.

Collateral Consequences

Missouri Governor Signs Bill to End Food Stamp Ban for Drug Felons -- With Conditions. Gov. Jay Nixon signed into a law a bill that would allow people with drug felonies to obtain food stamps, but only if they submit to drug tests and an assessment to see if they need drug treatment, which they must enroll in and complete if they are determined to need it. The bill is Senate Bill 680. The 1996 federal welfare reform law banned drug felons from obtaining food stamps, but allowed states to opt out. By now, more than 30 have.

Opiates

Federal Bill Targeting Heroin, Prescription Opiates Filed. US Sens. Kelly Ayotte (R-NH) and Joe Donnelly (D-IN) have filed legislation that seeks to respond to rising levels of opiate use by creating a "Pain Management Best Practices Inter-Agency Task Force" to develop prescribing practices that aim to ensure "proper pain management for patients, while also preventing prescription opioid abuse." Along with federal agencies such as HHS, Defense, the VA, and the DEA, the task force would include treatment providers, people from pain advocacy groups and pain professional organization, and experts in pain research and addiction research. Pain advocates will be watching carefully. The bill, Senate Bill 2504, would also provide grants to expand prescription drug monitoring programs.

Law Enforcement

Texas to Spend $1.3 Million a Week on "Border Surge" Aimed at Immigrants, Drugs. Using the influx of underage immigrants across the US-Mexican border as a jumping off point, Texas authorities announced last week they plan to spend $30 million this year tightening border security, with a major emphasis on law enforcement and cutting drug flows. Gov. Rick Perry (R) has also asked President Obama to send a thousand National Guard troops, to be joined by hundreds of Texas troopers Perry is deploying to the border. What this will mean on the ground is more troopers patrolling the highways, more surveillance, more undercover operations -- in an area already sinking under the weight of the billions spent beefing up border security since 9/11.

Alabama Drug Task Force Gets Busy With Chump Change Drug Round-Up. The West Alabama Narcotics Task Force based in Tuscaloosa arrested 24 people last Friday in a round-up that "stemmed from multiple ongoing investigations." But they were almost entirely charges like "unlawful sale of marijuana within three miles of a school" ($30,000 bond), "unlawful possession of drug paraphernalia" ($5,000 bond), and "unlawful possession of marijuana" ($15,000 bond). Only five of the charges didn't involve marijuana, and of those, three were for possession of a controlled substance, two were "unlawful sale of cocaine within three miles of a school," and one was for "interfering with government operations."

International

Vietnam Upholds Death Sentences for 29 Drug Smugglers. A Vietnamese appellate court last Thursday upheld the death sentences for 29 people convicted. The court reduced one other death sentence in the case to life in prison. The sentences came in what is Vietnam's largest heroin case ever, with 89 defendants and 1.5 tons of heroin involved.

Bolivia Coca Cultivation Drops to 11-Year Low. Coca cultivation declined 9% in Bolivia last, reaching the lowest level since 2002, according to the annual Bolivian coca survey conducted by the UN Office on Drugs and Crime (UNODC). This is the third straight decline, in line with the Bolivian government's commitment to reduce production to 50,000 acres by 2015. The 2013 crop was about 55,000 acres.

British Medical Association to Debate Legalizing Marijuana. Britain's largest doctors' organization will debate a motion calling on it to legalize marijuana as its Annual Representatives Meeting continues this week after a weekend hiatus. "The current law isn't working and only by adopting a different approach can we regulate, educate and exert a level of quality control," the motion says. "Cannabis use should be treated primarily as a health issue, not a criminal justice issue."

Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Senate Could Vote to Cut DEA Funds as Soon as Tonight

Cut that funding!

The Marijuana Policy Project (MPP) is reporting that Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal.

The vote could come as soon as tonight or tomorrow, MPP says.

While the House vote was historic, it will be only a symbolic victory unless the Senate also joins in. Passage of the DEA defunding by the Congress (and the presumed signature of the bill by the president) would, on the other hand, have real world consequences--for the better. 

Stay tuned for what could be a very well-deserved slap in the face for the DEA. Even if the measure fails in the Senate, it should provide a heads-up to the agency that there is growing dissatisfaction with it on the Hill. But we don't want to settle for that; we want the DEA handcuffed when it comes to medical marijuana.

Location: 
Washington, DC
United States

Chronicle AM -- June 17, 2014

It looks like Oregon is set to join Alaska in voting on marijuana legalization this year, the New York medical marijuana bill is going down to the wire, Florida's governor signs a pair of drug-related bills, Colombia's drug-reforming president wins reelection, and more. Let's get to it:

Colombia's drug reforming and peace negotiating President Juan Manuel Santos has won reelection. (wikiemedia.org)
Marijuana Policy

New Approach Oregon Legalization Initiative Now Has More Than 100,000 Signatures. Only yesterday, we reported that just before the weekend, the New Approach Oregon legalization initiative had handed in some 83,000 raw signatures, but that proponents would need more than 100,000 raw signatures to feel comfortable that they will actually attain the 87,213 valid signatures needed to qualify for the November ballot. Now, the campaign reports that it has more than 100,000 raw signatures and will continue signature-gathering until the July 3 deadline. It looks like Oregon is about to join Alaska as states where residents will vote on marijuana legalization this fall.

Medical Marijuana

Thirty Congressmembers Call on HHS to End Roadblocks to Marijuana Research. Thirty members of Congress led by Rep. Earl Blumenaur (D-OR) have sent a letter to Health and Human Services Secretary Mathews Burkwell calling on her to make the process for obtaining marijuana for research purposes less onerous.

California Assembly Committee is Debating Medical Marijuana Regulation Bill. A bill that would create the first statewide regulation of medical marijuana is being heard in the Assembly Business, Professions and Consumer Protection Committee today. Senate Bill 1262, sponsored by Sen. Lou Correa (D-Santa Ana), has already passed the Senate.

Florida Governor Signs Limited CBD Medical Marijuana Bill. Gov. Rick Scott (R) Monday signed into law the "Charlotte's Web" bill (Senate Bill 1030), which allows a small number of patients to use high-CBD, low-THC cannabis oils for the treatment of epilepsy or cancer.

New York Medical Marijuana Fight Going Down to Last Minute. Medical marijuana proponents continued to do battle with Gov. Andrew Cuomo (D) over the Compassionate Care Act as the state's legislative session draws to a close. Legislators have amended the bill to address Cuomo's concerns, but patients and providers expressed outrage over Cuomo's "attempt to derail the legislation." Cuomo has called for eliminating many medical conditions from eligibility for medical marijuana, as well as imposing onerous restrictions on physicians. Another obstacle is the Senate's GOP leadership, which could block a floor vote. The session ends on Thursday.

Oklahoma Initiative Signature-Gatherers Complain of Harassment by Tulsa Police. Signature-gatherers for the state's medical marijuana initiative say that on at least four occasions, Tulsa Police have shown up to harass them. Police asked signature-gatherers to leave, then, when they asserted their right to petition, began asking for identification and doing background checks on them. Tulsa Police, for their part, said they had records of two calls reporting that signature-gatherers were selling marijuana. But no one was arrested for selling marijuana or anything else, and the campaign group Oklahomans for Health said its people were not selling or advertising marijuana. The group said it has asked the ACLU of Oklahoma for assistance.

Privacy

Methadone Advocates Warn of SAMHSA Patient Confidentiality Threat. A proposed Substance Abuse and Mental Health Services (SAMHSA) regulation that would end the exclusion of methadone treatment records from electronic health records is raising concern among methadone advocates. They say methadone patients suffer from stigma and that the records of their treatment should stay protected. Click on the link for information about how to have some input on the decision-making process.

New Synthetic Drugs

Florida Governor Signs Bill Targeting New Synthetic Drugs. Gov. Rick Scott Monday signed into law House Bill 697, which adds six new synthetic drugs to the list of criminally banned substances. The new synthetics targeted all appear to be phenethylamines.

Law Enforcement

South Dakota Drug Arrests Up More than 40% Last Year. Although overall arrests were only up slightly last year, drug arrests in South Dakota jumped more than 40%. Law enforcement is saying the big jump is due to the increased presence of meth and other drugs in the state's largest cities, Sioux Falls and Rapid City "Certainly more people have been arrested for drug offenses," Attorney General Marty Jackley said. "Part of that is attributable to more people using controlled substances." Drug arrests accounted for one out of six of all arrests in the state last year. More people were arrested for drugs than for DUI, assault, or larceny.

New Orleans Police Department Loosens Past Drug Use Policies. Under a policy change approved Monday, past drug use is no longer an automatic disqualifier for being hired as a New Orleans police officer. Now, applicants can be hired if that have not used marijuana or prescription pills within the last three years and most other drugs within the last 10 years. The brings the NOPD in line with the FBI and other major city police departments.

International

Drug Reformer, Peace Negotiator Juan Manuel Santos Re-Elected President of Colombia. Juan Manuel Santos has won reelection as president of Colombia in a race against a rightist candidate who criticized his peace negotiations with the leftist guerrillas of the FARC. Santos has been a loud voice for drug reform on the national and international stages.

Bermuda Approves Drug Testing of Parliamentarians. After rancorous debate, Bermuda's parliament has approved a proposal to require drug testing of parliamentarians. MPS can test positive for marijuana three times before they are suspended; for other drugs, it's one time.

What Does the Dance of the Peruvian Drug Czars Mean? Peruvian President Ollanta Humala recently fired hard-line DEVIDA head Carmen Macias, replacing her with former Defense Minister Luis Alberto Otarola. Humala also backed away from a controversial coca eradication campaign about to get under way in the Apurimac-Ene-Mantaro River Valley (VRAEM) that faced strong local opposition. Washington Office on Latin America analyst Coletta Youngers has written an analysis of what it all means, both domestically and internationally. Click on the link to read her piece.

Chronicle AM -- June 13, 2014

Jamaica will decriminalize pot possession and Bermuda is thinking about it, legalization initiatives in Alaska and Oregon get big bucks donations, medical marijuana reform is moving in the DC city council, and more. Let's get to it:

MPP Gives Alaska Initiative Campaign Big Cash Contribution. The Marijuana Policy Project, which is backing the Alaska legalization initiative, has just kicked in another $140,000. That's the second largest contribution to the campaign yet (the biggest, also from MPP, was $210,000), and pushes its total contributions to over half a million dollars. The organized opposition -- Big Marijuana, Big Mistake, Vote No on 2 -- has, on the other hand, raised only $31,000, most of it in a single donation by an Alaska Native village corporation.

Peter Lewis Family Gives Oregon Initiative Campaign Big Cash Contribution. A PAC controlled by heirs of Progressive Insurance founder and drug reform funder Peter Lewis has donated $250,000 to the New Approach Oregon legalization initiative. Lewis had donated $96,000 before his death last fall, and there were fears his death could end his reform largesse, but his family is carrying on. The group has raised more than $900,000 overall.

SurveyUSA Oregon Poll Has 51% for Legalization. A new SurveyUSA poll in Oregon has 51% supporting marijuana legalization, with 41% opposed, and 8% undecided. The poll comes as three legalization initiatives are in the final weeks of signature-gathering to put the issue on the November ballot. Initiative organizers are not going to breathe easy with numbers like these, though; the conventional wisdom is that initiatives want to be polling at 60% or above before the campaign begins in earnest. Click on the link for demographic and methodological details.

Medical Marijuana

DC Council Moves Toward Approving Expanded Medical Marijuana Access. The District of Columbia city council moved ahead yesterday with plans to expand access to medical marijuana. In a joint session of the Health and Judiciary and Public Safety committees, the council gave preliminary approval to two bills. Bill 20-766, cosponsored by every member of the council, would repeal the qualifying conditions list and allow physicians to recommend marijuana to any patient they think marijuana would benefit. Bill 20-678, will increase the number of plants a cultivation center could possess from 95 to 500, better ensuring that patient need is met.

Feds Warn Casinos to Not Take Bets Made With Marijuana Money. Federal regulators addressing a banking secrecy conference in Las Vegas yesterday warned casinos they can't accept bets from people working in the marijuana industry unless the casinos undertake rigorous background checks and allow the federal government to monitor the bets. That's because casinos are subject to the same financial reporting requirements as financial institutions. It's a lengthy report; click on the link to read it all.

Sentencing

Fair Sentencing Act Gets Another Cosponsor. Add Rep. David Joyce (R-OH) to the list of cosponsors of the federal Fair Sentencing Act of 2013. He signed on yesterday. That makes 24 Democrats and 14 Republicans. The bill is before the House Judiciary Committee. Clicking on the link will take you to the bill.

Law Enforcement

Virginia Sheriff's Office Makes Mass Drug Bust… Again… and Again. The Amherst County Sheriff's Office announced yesterday that a county grand jury had indicted 68 people on drug charges after a months-long investigation by the department. It's the third mass bust since 2010's Operation Silent Night and 2012's Operation Avalanche. The sheriff's office seems to understand--at least on some level--the futility of such operations: "It stops these folks from selling drugs [but] as soon as you remove these folks, someone else takes their place. It's a never-ending cycle we're working on," a spokesman said.

International

Jamaica Will Decriminalize Marijuana Possession. Jamaica will decriminalize the possession of small amounts of marijuana, the government announced yesterday. It will also allow possession for some medical and scientific purposes. And it will allow possession for religious purposes. Justice Minister Mark Golding said that the cabinet is supporting a proposal to decriminalize the possession of to two ounces of the ganja. Under the proposal, those caught with marijuana could be subjected to fines, but not criminal charges.

Bermuda's Attorney General Says Government Should Consider Marijuana Decriminalization. As the Bermudan government mulls marijuana reform, new Attorney General Trevor Moniz has come out for decriminalization. Moniz would prefer "a system where if you get caught with a small amount of marijuana, you don't go to court and you wouldn't have any criminal record," he said. "In New York and the UK., they have a caution only for a first offence, which may need to be broadened. I'm in favor of small steps, incremental steps, rather than a big leap," he added.

Barcelona Bans New Cannabis Clubs for a Year. Citing a proliferation of private cannabis clubs and a lack of regulation, the Barcelona city council announced today it was instituting a moratorium on new clubs for one year. The crackdown comes just days after a club was closed for illegal sales. The clubs allow members to grow and consume their own cannabis, but they aren't supposed to sell the stuff to outsiders. The clubs have been attracting cannabis tourists from around the world.

Conflict in Turkish Municipality Tied to Marijuana Crop. Three weeks of violent protests in the municipality of Lice in Diyarbakir Province, where Kurds predominate, are linked to the looming marijuana harvest, some of the profits from which are destined for the Kurdistan Workers Party (PKK), according to this report. Violent incidents have been ongoing since demonstrators attacked a security forces outpost with homemade bombs and Molotov cocktails, and soldiers opened fire, killing the nephew of a "notorious trafficker."

DEA Ignores Science, Obstructs Research, New Report Finds [FEATURE]

[Full disclosure: I researched and wrote most of this report and was paid by DPA to do so.]

In a report released this week, the Drug Policy Alliance (DPA) and the Multidisciplinary Association for Psychedelic Studies (MAPS) reveal a decades-long pattern of the DEA ignoring scientific evidence and systematically obstructing medical research that could lead to the rescheduling of marijuana.

The report comes just days after the House issued a stinging rebuke to the DEA by approving a bipartisan measure that bars the use of federal taxpayer dollars for the DEA to undermine medical marijuana in states where it is legal. The House also approved measures stripping the DEA's ability to interfere with hemp production in states where it is legal.

While the report found that the DEA tends to move with excruciating slowness when confronted with evidence that confounds its ideological predispositions, the agency is able and willing to move at lightning speed to criminalize more drugs or schedule them more restrictively.

The report, The DEA: Four Decades of Impeding and Rejecting Science, uses a number of case studies to unveil DEA practices to maintain the existing, scientifically unsupported drug scheduling system. They include:

Failing to act in a timely fashion. The DEA took 16 years to issue a final decision rejecting the first marijuana rescheduling petition, five years for the second, and nine years for the third. In two of the three cases, it took multiple lawsuits to force the agency to act.

Overruling DEA Administrative Law Judges. DEA Administrative Law Judges are government officials charged with evaluating the evidence on rescheduling and other matters before the DEA and making recommendations based on that evidence to the DEA Administrator. In the cases of the scheduling of marijuana and MDMA, the judges determined that that they should be placed in Schedule II instead of Schedule I, where they would be regulated by the Food and Drug Administration (FDA) as prescription medicines, but still retain criminal sanctions for non-medical uses. However, agency administrators overruled their Administrative Law Judges' recommendations, substituting their own judgments and ignoring scientific evidence. The current DEA head, Michelle Leonhart, also rejected a DEA Administrative Law Judge ruling that the DEA end its unique and unjustifiable monopoly on the supply of research-grade marijuana available for federally approved research.

Creating a regulatory Catch-22. The DEA has argued for decades that there is not sufficient evidence to support rescheduling marijuana or the medical use of marijuana. At the same time, it has -- along with the National Institute on Drug Abuse -- acted in a manner intended to systematically impede scientific research. Through the use of such tactics, the DEA has repeatedly and consistently demonstrated that it is more interested in maintaining existing drug laws than in making important drug control decisions based on scientific evidence.

The report makes two central recommendations: 1) that the responsibility for determining drug classifications and other health determinations should be completely removed from DEA and transferred to another agency, perhaps even a non-governmental entity such as the National Academy of Sciences, and 2) that the DEA should be ordered to end the federal government's unjustifiable monopoly on the supply of research-grade marijuana available for federally approved research. No other drug is available from only a single governmental source for research purposes.

Rep. Steven Cohen (D-TN) (congress.gov)
"The DEA abuses its discretionary powers over scheduling, making it incredibly difficult for researchers to obtain marijuana for research purposes," said DPA executive director Ethan Nadelmann during a Wednesday teleconference to announce the report. "Our recommendations call for taking the power over drug scheduling away from the DEA. It is essentially a police and propaganda agency. This authority would be better handled by another government agency in the health realm, or a truly independent agency, like the National Academy of Sciences," he said.

"The DEA and Ms. [Michele] Leonhart have constantly been opposing any science that would change her mindset and opinion, which was apparently created around 1937," said Rep. Steven Cohen (D-TN), referencing the year federal marijuana prohibition began. "She is totally against marijuana, she will not admit that it is not as harmful as heroin or cocaine, and she is on a war on drugs."

Cohen was the author of another successful amendment that spanked the DEA. His successful amendment redirected $5 million in DEA funding to instead be used to help reduce a back log of rape kits that need testing. He said he was happy to be part of the congressional effort to restrict the agency.

"I was thrilled to be part of that coalition," Cohen said. "Those amendments to the appropriations bill were a great victory. We've been voting on this since 2007, and we always had about 165 Democrats on board, and a few more this time. Rep. Dana Rohrabacher (R-CA) did a great job getting Republicans on board; he got some of the younger, more libertarian members and members who know people marijuana has helped."

"The DEA has opposed efforts to reform federal scheduling policy to acknowledge that marijuana has medical purposes," said Dr. Carl Hart, a Columbia University neuroscientist. "As someone who has studied marijuana, this concerns me. That the DEA has not rescheduled marijuana seems to go against all the scientific evidence and against a society that uses empirical evidence."

MAPS executive director Rick Doblin said his organization, acting as a non-profit pharmaceutical company, had been trying for 22 years to develop Schedule I drugs like marijuana into FDA-approved medications, but that the DEA and other federal agencies had made that impossible.

DEA Administrator Leonhart is on the hot seat. (usdoj.gov/dea)
"Twenty-two years later, I've been unable to start a single, privately-funded study, and the main reason is the DEA's refusal to open the door," he said. "The National Institute on Drug Abuse (NIDA) has a DEA-protected monopoly on the production of marijuana for research, and although we've had two protocols approved by the FDA and review boards, we have been unable to obtain marijuana. We tried for seven years to buy 10 grams of marijuana for vaporizer studies; we were unable to do that. We've been in litigation with the DEA for 12 years and lost on the grounds that NIDA had an adequate supply."

One study -- of marijuana's efficacy in treating PTSD -- has been approved, Doblin said, but even there, the process has been painfully slow.

"We started trying to get that approved four years ago," he said. "We finally got approval from NIDA in March of this year, but they say they won't have the marijuana we need until January 2015."

For Doblin, it's all about ending NIDA's monopoly on marijuana for research purposes.

"DEA is protecting the NIDA monopoly, which should be ended," he said. "That's the action item we should be doing right now."

The DEA has been politically bulletproof since it was created by the Nixon White House in 1973. But that is changing, DPA national affairs director Bill Piper argued.

"When you look at Congress, with so many members driven by frustration that the DEA is blocking research and preventing medical marijuana from moving forward, that's a big reason the House voted for those amendments," he said. "The DEA has said that marijuana is not approved by the FDA, but Congress has figured out that DEA is blocking the necessary trials from moving forward. The more the DEA obstructs the research, the more support there is for changing federal law and cutting the DEA's authority. The days when the DEA can quietly block this stuff are over; they will pay a price if they stand in the way of reform."

Washington, DC
United States

Medical Marijuana Update

Congressional Democrats who voted wrong on medical marijuana catch some flak, California continues to struggle with regulating medical marijuana, while other states struggle to get bills passed. Let's get to it:

National

Last Thursday, a medical marijuana advocacy group began airing TV ads targeting Democrats who voted against ending DEA interference in medical marijuana states. The group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee, and other Democrats as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it.

Arizona

Last Thursday, a state court judge ordered the state to allow medical marijuana for PTSD. A state court judge has ruled that "a preponderance of evidence shows medical marijuana provides palliative benefit to those suffering from PTSD" and given the state Health Department until July 9 to accept his decision or appeal it. The department has denied all previous petitions seeking to add PTSD to the list of qualifying conditions.

California

Last Tuesday, Tulare County supervisors voted to ban all medical marijuana cultivation. The county had previously allowed cooperatives or individuals to grow up to 99 plants. The board rejected a chance to simply ban collective grows, but chose instead to ban all grows. This is just the initial vote.

Last Wednesday, the city of Riverside sued to block a medical marijuana ballot measure. The city has sued to block an initiative that would legalize and regulate a small number of dispensaries less than a month after organizers qualified it for the 2015 ballot. The initiative "goes beyond the legislative powers of the electorate" and is illegal because it would force the city to violate state and federal laws, including the federal Controlled Substances Act, the city argues.

On Tuesday, the San Jose city council approved tough restrictions on dispensaries and cultivation sites. The council's vote limits dispensaries to a handful of industrial areas making up less than 1% of the city. It also forces dispensaries to grow all their medicine in the county, limit their store hours, and bars them from selling edibles resembling candy. Medical marijuana backers say they have already collected enough signatures to put their own dispensary regulations on the ballot. It ain't over in San Jose.

Also on Tuesday, Sacramento County supervisors introduced an ordinance allowing limited indoor cultivation. Residents of unincorporated areas of the county would be able to grow up to nine plants indoors. Two months ago, the board backed a ban on all outdoor cultivation. The indoor cultivation ordinance comes up for a vote next week.

Also on Tuesday, Santa Cruz County supervisors okayed asking voters to approve a dispensary tax in November. The measure would allow dispensaries to be taxed at up to 10% of their gross sales. The county estimates it would raise about $900,000 a year, to be used to enforce marijuana dispensary and cultivation regulations.

District of Columbia

Last Thursday, the Department of Health added new qualifying conditions for patients. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Florida

On Wednesday, new polls showed strong support for medical marijuana among Florida voters. With medical marijuana on the ballot in November, a new poll shows 70% of likely voters support the constitutional amendment. Because it is a constitutional amendment, it needs 60% to pass. Another poll released this week has support at 66%. "Florida's medical marijuana amendment that will be on the ballot this fall continues to appear headed for easy passage," Public Policy Polling, which did the second poll, wrote in an analysis.

Also on Wednesday, conservative billionaire Sheldon Adelson kicked in $2.5 million to defeat the initiative. Billionaire casino magnate and major Republican political donor Sheldon Adelson has donated $2.5 million to the campaign to defeat the Florida medical marijuana initiative. A newly-formed group backed by Adelson, the Drug Free Florida Committee, was started by long-time GOP fundraiser Mel Sembler and his wife Betty. It has raised $2.7 million so far and its top donors have been primarily Republicans.

Massachusetts

Last Friday, the DEA was reportedly giving dispensary docs an ultimatum: quit the dispensaries or lose your license. The Boston Globe reported that DEA agents have been visiting Massachusetts doctors involved with medical marijuana dispensaries and telling them the DEA will jerk the licenses to prescribe drugs if they don't cut ties with the dispensaries. And it's working. At least two doctors have severed ties, while one gave up his DEA license, saying as a semi-retired surgeon, he didn't need it to do his job. The Globe reports this will likely slow the opening of some long-awaited dispensaries.

Nevada

On Monday, Clark County commissioners approved 18 dispensary licenses. There will soon be 18 medical marijuana dispensaries operating in unincorporated parts of Clark County, the home of Las Vegas. Nevada approved medical marijuana in 2000, but only approved dispensaries last year.

New York

On Tuesday, a key GOP senator said he will not allow a vote on medical marijuana. Senate Finance Committee Chairman John DeFrancisco (R) said today he would not allow a vote on the Compassionate Care Act, sponsored by Sen. Diane Savino (D). "The Savino bill will not come out of my committee, the Finance Committee," he said. "You don't have any kind of reasonable research on the effects. You have people coming in here every day trying to ban e-cigarettes and use of tobacco in other ways." He said he and other Senate Republicans may be open to legislation that would not allow marijuana to be smoked. The session ends next Thursday.

North Carolina

On Saturday, Todd Stimson began a "March Against Fear" to generate support for medical marijuana. He is leading the 259-mile "March Against Fear" from Asheville to Raleigh to help bring attention to a pending medical marijuana bill, House Bill 1161. The bill was filed last month and is now languishing in the House Judiciary Committee. Click on the title link to join up or get more info.

Pennsylvania

On Tuesday, a medical marijuana bill got a committee hearing and stays alive. Following a hearing on Senate Bill 1182, committee members said they had been assured the bill would get a vote in the Senate Law and Justice Committee, but it will be then up to Senate leaders to decide if they will allow a floor vote. If it gets and wins a floor vote, the House would still have to pass it, or pass its own version.

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

Chronicle AM -- June 11, 2014

There's money in marijuana, as Colorado keeps finding out, MPP is eyeing Massachusetts in 2016, opponents of Florida's medical marijuana initiative got a big bucks contribution from a major Republican funder, Customs and Border Patrol fires its internal affairs head, the US Embassy in Kabul can't explain what impact $7 billion in anti-drug aid there has had, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

Colorado Marijuana Revenues Keep Climbing. Recreational marijuana sales hit $22 million in April, with the state taking in more than $3.5 million in sales and excise taxes. With medical marijuana sales factored in, people bought more than $53 million worth of weed in Colorado in April.

MPP Opens Ballot Committee in Massachusetts, Eyes 2016. The Marijuana Policy Project (MPP) opened a ballot referendum committee in Massachusetts Tuesday, a preliminary step for a marijuana legalization campaign in 2016. The formation of the committee, the Campaign to Regulate Marijuana Like Alcohol in Massachusetts, allows MPP to begin raising and spending money in the state.

Medical Marijuana

Florida Polls Have Strong Support for Medical Marijuana Among Likely Voters. With medical marijuana on the ballot in November, a new poll shows 70% of likely voters support the constitutional amendment. Because it is a constitutional amendment, it needs 60% to pass. Another poll released this week has support at 66%. "Florida's medical marijuana amendment that will be on the ballot this fall continues to appear headed for easy passage," Public Policy Polling, which did the second poll, wrote in an analysis.

Conservative Billionaire Sheldon Adelson Kicks In $2.5 Million to Defeat Florida Medical Marijuana Initiative. Billionaire casino magnate and major Republican political donor Sheldon Adelson has donated $2.5 million to the campaign to defeat the Florida medical marijuana initiative. A newly-formed group backed by Adelson, the Drug Free Florida Committee, was started by longtime GOP fundraiser Mel Sembler and his wife Betty. It has raised $2.7 million so far and its top donors have been primarily Republicans.

Pennsylvania Medical Marijuana Bill Still Alive. Following a Tuesday hearing on Senate Bill 1182 Tuesday, committee members said they had been assured the bill would get a vote in the Senate Law and Justice Committee, but it will be then up to Senate leaders to decide if they will allow a floor vote. If it gets and wins a floor vote, the House would still have to pass it, or pass its own version.

Methamphetamine

Michigan Bill to Restrict Meth Precursor Purchases Passes House. A bill that would require people with prior methamphetamine convictions to obtain a prescription to buy cold medicines containing pseudoephedrine has passed the House. The bill also creates a statewide database for pseudoephedrine purchases and would require buyers to show the drivers' licenses.

Opiates

New York Governor Announces Doubling of State Police Drug Team to Fight Heroin, Prescription Pill Use. Gov. Andrew Cuomo (D) announced this morning that he will add 100 investigators to the State Police Community Narcotics Enforcement Team, nearly doubling the unit's size. He also announced that the state would make the overdose reversal drug naloxone to all first responders. And he announced an education and prevention campaign involving SUNY campuses.

New England Governors to Meet Next Week on Confronting Rising Opiate Use. The six New England governors are set to meet next week at Brandeis University in Waltham, Massachusetts, to forge a regional strategy in response to growing alarm over increased use of prescription opiates and heroin. Massachusetts has declared a public health emergency over opiates, and other states in the region are experiencing similar issues. [Ed: Whether any of the New England governors, or New York's governor and narcotics police, will bear in mind the needs of chronic pain patients, remains to be seen.]

Law Enforcement

Myles Ambrose, Nixon's First Drug Czar, Dies. Myles Ambrose has died at age 87. He was President Richard Nixon's first "drug czar," serving as head of the White House Office of Drug Abuse Law Enforcement (ODALE), the precursor to the DEA, which was formed in 1973. He had come to Nixon's attention when, as head of Customs, he initiated Operation Intercept, which shut down the US-Mexico border in 1969. Ambrose appeared set to take over DEA, but was pushed aside, in part due to bureaucratic infighting and in part because of hints of scandal related to his visits to the home of a Texas banker investigated in a drug trafficking conspiracy.

Customs and Border Protection Fires Its Own Head of Internal Affairs. The US Customs and Border Patrol (CBP) has let go James Tomsheck, head of internal affairs for the agency, after claims he failed to investigate hundreds of allegations of abuse. More than 800 complaints of abuse by agents had been made during his tenure since 2006, but only 13 resulted in disciplinary actions. Tomsheck's firing by CBP head Gil Kerlikowske is part of an attempt by Kerlikowske to address widespread allegations of abuse by American border agencies. Last week, Kerlikowske set out new rules for the use of deadly force, only to be followed hours later by a Border Patrol agent shooting and killing a fleeing drug trafficker. At least 22 people have been killed by Border Patrol agents since January 2010 and many more injured.

Sentencing

New Jersey Bail Reform Bill Gets Committee Vote Today. The Assembly Judiciary is set to consider Assembly Bill 1910, which would implement widely supported reforms to the state's bail system. Under the proposed legislation, arrestees would be assessed for risk and pretrial release decisions would be based on their measured risk, not their ability to pay money bail. Companion legislation in the state Senate, Senate Bill 946, was approved by the Budget and Appropriations Committee last week.

International

Rising Afghan Opium Production Threatens Reconstruction, US Official Says. Afghanistan's record-level opium production is stoking corruption, spilling into the financial sector, and aiding the Taliban and criminal networks, all of which threaten national reconstruction, John Sopko, the special inspector general for Afghan reconstruction, told a House subcommittee Tuesday. The US has spent $7 billion on anti-opium efforts since it invaded Afghanistan in late 2001, but "On my trips to Afghanistan in 2013 and earlier this year, no one at the Embassy could convincingly explain to me how the US government counter-narcotics efforts are making a meaningful impact on the narcotics trade or how they will have a significant impact after" the US-led combat mission ends in December," Sopko said.

Finland Greens Call for Marijuana Legalization, Drug Policy Shift From Punishment to Harm Reduction. The Finnish Green League has adopted a new manifesto on drugs that says "the focus of drug policy should be shifted from punishments to reducing adverse effects" and that "the criminal sanctions for the use of cannabis as well as the possession and cultivation of cannabis for personal use should be abolished." The Greens hold 10 seats in Finland's 198-seat parliament and are part of the ruling six-party "rainbow coalition" government.

Chronicle AM -- June 10, 2014

New York City residents are still getting arrested for marijuana at the rate of 80 a day, New York state residents face another year without medical marijuana passing, Philly heads for decriminalization of a sort, the Justice Department supports retroactivity for recent sentencing reforms, the Sinaloa cartel has apparently lost another key leader, and more. Let's get to it:

NYC marijuana arrests just keep on coming. (www.nyc.gov)
Marijuana Policy

Colorado Lawsuit Claims Marijuana Taxes Violate Fifth Amendment. Denver attorney Robert Corry Jr. has filed a lawsuit on behalf of an unnamed marijuana retailer arguing that paying pot taxes violates a citizen's Fifth Amendment right against self-incrimination since marijuana remains illegal under federal law. The lawsuit seeks a permanent injunction to stop the state from collecting taxes and the return of all taxes collected. A similar lawsuit has been filed in Washington state by attorney Douglas Hiatt.

New York City Marijuana Arrests So Far This Year at Same Pace as Last Year. New Yorkers are still being arrested for small-time pot possession in high numbers under new Mayor Bill DeBlasio (D). According to the Marijuana Arrest Project, so far this year, NYPD is arresting an average of 80 people a day for pot possession, compared to 78 a day throughout 2013 under then-Mayor Michael Bloomberg (R). Another constant is that blacks and Latinos continue to make up the vast majority of marijuana possession busts. They accounted for 87% of pot arrests last year and 86% so far this year. Click on the title link for more details.

Philadelphia City Council Committee Approves Decriminalization Measure. A city council committee yesterday approved a bill that would make possession of up to 30 grams of marijuana a code violation punishable by a $25 fine -- but would still give police officers the discretion to arrest. But Mayor Michael Nutter opposes the bill. His Public Safety Director, Mike Resnick, said the opposition stems the discretional arrest provision, which he said could create unfair situations. A final vote is likely next week.

Medical Marijuana

North Carolina "March Against Fear" Aims to Generate Support for Medical Marijuana. North Carolinian Todd Stimson is leading a 259-mile "March Against Fear" from Asheville to Raleigh to help bring attention to a pending medical marijuana bill, House Bill 1161. The bill was filed last month and is now languishing in the House Judiciary Committee. Click on the title link to join up or get more info.

Key New York GOP Legislator Says He Will Not Allow Vote on Medical Marijuana. Senate Finance Committee Chairman John DeFrancisco (R) said today he would not allow a vote on the Compassionate Care Act, sponsored by Sen. Diane Savino (D). "The Savino bill will not come out of my committee, the Finance Committee," he said. "You don't have any kind of reasonable research on the effects. You have people coming in here every day trying to ban e-cigarettes and use of tobacco in other ways." He said he and other Senate Republicans may be open to legislation that would not allow marijuana to be smoked. The session ends next Thursday.

Clark County, Nevada, Commissioners Approve 18 Dispensary Licenses. There will soon be 18 medical marijuana dispensaries operating in unincorporated parts of Clark County, the home of Las Vegas. County commissioners approved the licenses yesterday. Nevada approved medical marijuana in 2000, but only approved dispensaries last year.

Drug Testing

Repeated School Drug Tests of Pennsylvania 10-Year-Old Provoke Scorching Editorial. The editorial board at the Pennsylvania news website PennLive has penned a strong editorial condemning the drug testing policy at the Susquenita Middle School, which has resulted in a 10-year-old girl be tested three times so far. The editorial notes that state law requires that school districts actually show there is problem and show that drug testing helps, but that Susquenita has failed to do either. "Repeatedly drug testing a trouble-free 10-year-old student like Natalie Cassell shows how ridiculous this kind of random snooping is. Innocent students are treated like criminals, while drug-using students can dodge the tests simply by deciding not to join after-school activities," PennLive noted. "At a time when school districts across the state are pleading for more state funding, surely Susquenita schools can find a better uses of money than an unproven, highly invasive program that randomly tests innocent 10-year olds.

Sentencing

Justice Department Supports Making Drug Sentence Cuts Retroactive. Attorney General Eric Holder announced Tuesday that the Justice Department is formally supporting a US Sentencing Commission proposal to allow some nonviolent drug offenders currently doing time in federal prisons to seek sentence reductions. The proposal would extend sentencing reforms already approved by the commission by making them retroactive.

Smarter Sentencing Act Gains Four More Sponsors. The Smarter Sentencing Act of 2013 picked up four more cosponsors Monday, three Democrats and one Republican. They are Del. Eleanor Holmes Norton (D-DC), Rep. Kathy Castor (D-FL), Rep. Tony Cardenas (D), and Rep. Paul Ryan (R-WI). The measure now has 37 cosponsors, 24 Democrats and 13 Republicans. It has been sitting in the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security and Investigations since January.

Prescription Opiates

Massachusetts Governor Unveils Plan to Fight Opiate Use. Gov. Deval Patrick (D) today released a $20 package of proposals to deal with "the opioid addiction epidemic" in his state. He is calling for a summit of regional governors, as well as streamlined access to treatment, better prevention measures, and "strengthening safe prescribing and dispensing practices" to "minimize diversion and misuse." That last bit is likely to raise concerns among people worried about adequate access to prescription opiates. But unlike some other state-level responses to rising levels of opiate use, Patrick's did not contain a law enforcement component. The link leads to the full press release.

International

Key Sinaloa Cartel Figure Reported Dead. Reports are emerging from Mexico that Juan Jose "El Azul" Esparragoza, a key figure in the Sinaloa cartel, has died of natural causes. After the capture of cartel head Joaquin "El Chapo" Guzman by Mexican authorities earlier this year, Esparragoza and Ismael "El Mayo" Zambada were viewed as the effective leaders of the cartel.

Spanish Authorities Close Down Barcelona Cannabis Club for Selling… Cannabis. A Barcelona cannabis club has been closed after police spotted a man approaching tourists and taking them to the club to score. Under Spanish law, one can grow marijuana for personal use, but not sell it. The cannabis clubs have sprung up as a way for consumers to pool their growing resources. Members pay an annual membership fee for a chance to share in the proceeds of the collectively cultivated cannabis, but they're not supposed to sell it.

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