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Chronicle AM -- May 12, 2014

Elderly senators grumble about new-fangled rules allowing legal marijuana businesses to use the financial system, there are more legalization polls, an Oklahoma US Senate candidate is talking marijuana reform, there is medical marijuana initiative news, Minnesota passes asset forfeiture reform and the governor signs it, and more. Let's get to it:

Oklahoma state Sen. Constance Johnson (D) is running for the US Senate and talking marijuana reform. (oksenate.gov)
Marijuana Policy

Feinstein, Grassley Try to Thwart Normalized Marijuana Banking. Sens. Dianne Feinstein (D-CA) and Charles Grassley (R-IA) aren't happy with the Obama administration's efforts to find a way to let marijuana businesses in states where it is legal have access to the financial system. They sent a letter to the Financial Crimes Enforcement Network (FinCEN) complaining about the guidance it was offering banks "on providing financial services for drug traffickers," in Grassley's words. FinCen responded here, but that wasn't good enough for the crusty drug warriors. Now, Grassley has responded to the response, maintaining that "unless federal law is changed, selling marijuana, laundering marijuana proceeds, and aiding and abetting those activities all remain illegal" and that "FinCEN's guidance to financial institutions is absolutely contrary to the mission of the agency." Click on the title link to read the rest.

Connecticut Poll Has 52% for Legalization. A Quinnipiac University poll released Monday has support for marijuana legalization at 52% among Connecticut voters, who also said overwhelmingly that alcohol was a bigger health problem than pot. A whopping 80% of voters under 30 supported legalization. Voters also supported having medical marijuana dispensaries in their towns by a margin of more than two-to-one. The state legalized medical marijuana in 2012.

New Mexico Poll Has Only 40% for Legalization, But… an Albuquerque Journal flash poll had support for marijuana legalization at 40%, with 47% opposed. The poll only asked only if marijuana should be legalized, however, without specifying what legalization might look like. A poll done last year for the Drug Policy Alliance got 53% support for legalization when it asked whether marijuana should be legalized for adults so that it could be taxed and regulated, like alcohol, with restrictions on where it could be bought and consumed.

Colorado Marijuana Tax Revenues Top $20 Million So Far This Year. The state Department of Revenue released figures last Thursday showing that revenues from adult and medical marijuana taxes, licenses, and fees were at nearly $22 million for the first three months of the year. The state reported that March adult marijuana sales hit $19 million, up $5 million over February, while medical marijuana sales were about $34 million.

Push Underway to Decriminalize Toledo. A petition drive is underway for a municipal initiative to decriminalize small-time marijuana possession in the Northwest Ohio city. The initiative is sponsored by the Toledo NORML chapter, which says it has already collected 2,800 signatures. It needs 3,800 valid signatures to qualify for the November ballot.

Oklahoma's Leading Democratic US Senate Candidate Pushes Marijuana Law Reform. State Sen. Constance Johnson (D-Oklahoma City), the leading candidate for the state's Democratic Party US Senate nomination, is the author of repeated failed medical marijuana bills in the state legislature and is currently working to get a legalization initiative on the November ballot. A Democrat winning a Senate seat in Oklahoma is a long shot, but Johnson says she hopes marijuana will drive voters to the polls. "This whole issue, to me, is not about smoking marijuana. It's about criminalizing it. That's where these young people stand to be hurt the most. They get that," said Johnson. "Unless we change who's voting, things will stay the same," she said. "It's time to send a message -- not only to the policymakers... but to the people -- that we can change this." You can do that by putting marijuana on the ballot, she said.

Medical Marijuana

Minnesota Governor Says He Will Sign House Bill. Gov. Mark Dayton (DFL) sent a letter Friday to lawmakers saying he could sign the medical marijuana bill passed by the House. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor. A stronger bill, Senate File 1641, has passed the Senate, but Dayton didn't say he could sign that one. Now, the Senate must accept the House version or try to reach a compromise in conference committee.

Ohio Medical Marijuana Initiative Campaign in Midst of Signature-Gathering. The Ohio Rights Group is leading a signature-gathering campaign to put a medical marijuana (and hemp) initiative on the November ballot. They need to collect 385,000 valid voter signatures by July 5. They had 50,000 signatures on March 1 and haven't reported any more recent figures, but the campaign has been ramping up this month.

Arkansas Attorney General Again Rejects Medical Marijuana Initiative Language. Attorney General Dustin McDaniel has once again rejected the proposed wording for a medical marijuana initiative from Arkansans for Medical Cannabis. This is about the sixth time he has rejected proposals from the group. Meanwhile, another initiative, this one from Arkansans for Compassionate Care, is in the signature-gathering phase. The Arkansas Medical Cannabis Act needs some 65,000 valid signatures to qualify for the November ballot.

Asset Forfeiture

Minnesota Governor Signs Asset Forfeiture Reform Bill. Last week, Gov. Mark Dayton (DFL) signed into law Senate File 874, which forces authorities to actually convict someone of a criminal offense or get a guilty plea before seizing his property. The bill also forces the government to prove the property was the instrument or proceeds of crime. Previously, it had been up to the victim of the seizure to prove it was not connected to crimes.

Drug Testing

Federal Judge Rejects City of Key West Prospective Employee Drug Testing. A US district court judge has ruled that Key West's policy of drug-testing prospective employees is illegal. The ACLU of Florida had brought suit on behalf of a woman who was offered a job as the city's recycling coordinator, but had the job offer rescinded after she refused a drug test. The city failed to demonstrate "a special need or important government interest which justifies the policy's Fourth Amendment intrusion," Judge James Lawrence King held. And while the city argued that the tests should be allowed because job applicants were forewarned, King wasn't buying it. The law doesn't allow a government entity "to violate a person's rights under the Fourth Amendment so long as prior notice of the impending violation is given," he ruled.

International

Heroin Maintenance Coming to Norway? The Norwegian city of Bergen has proposed undertaking a program of heroin maintenance, or heroin-assisted treatment (HAT). Norway has long been skeptical of opioid maintenance therapies, allowing the use of methadone only in 1998. Dr. Ola Josendal, director of addiction medicine at Haukeland University Hospital proposed HAT clinical trials in December, but the national health minister rejected them. Now, however, the Labor Party, the largest bloc in parliament, is in favor, so it could happen. Stay tuned.

Bermuda Cannabis Reform Collaborative Says Decriminalize It. A panel tasked with examining Bermuda's marijuana laws issued its report last Friday, and it calling for the decriminalization of small-time pot possession, allowing people to grow a small number of plants, and allowing the medical use of the plant on the island. Marijuana prohibition is not working, the report said.

Mexico's Plan to Demobilize Anti-Cartel Vigilantes Hits Snags. Anti-cartel vigilantes in the state of Michoacan were supposed to begin laying down their arms and integrating into a new rural police force Saturday, but The Washington Post reports that the process isn't exactly going smoothly. The vigilante groups formed more than a year ago with an apparent wink and nod from the government and managed to drive the Knights Templar cartel out of parts of the state, but now, the government fears they may get out of control. Click the link for a full report.

(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.)

GOP Congressman Threatens to Block DC Decrim Law

Even as the House held a first hearing on the District of Columbia's recently passed decriminalization law, at least one Republican congressman is threatening to file legislation to undo it. Rep. John Fleming (R-LA) told CQ Roll Call he plans to introduce a congressional resolution to overturn it.

Rep. John Fleming (R-LA). Maybe he should worry about Shreveport. (house.gov)
The hearing came in the House Oversight and Government Reform Committee's Subcommittee on Government Operations, chaired by Rep. John Mica (R-FL). Mica said his views on the issue were "evolving" and that he might hold additional hearings on the law.

Because Washington, DC, is a federal district, Congress has powers it can exercise over its governance. Under the law, Congress has 60 days to block the law from taking effect. That would require the approval of the House, the Senate, and the president.

Still, DC supporters and marijuana reform supporters are fighting back in an increasingly heated war of words.

DC Delegate Eleanor Holmes Norton (D) scolded the subcommittee, saying it was inappropriate for the House to hold a hearing on only the District's law when "18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana."

"It's outrageous that Congress is trying to sabotage DC's success in ending marijuana arrests," said Grant Smith, deputy director of national affairs with the Drug Policy Alliance. "Congress should follow the lead of lawmakers in DC and reform federal marijuana laws."

The decrim bill (Council Bill 20-409) passed the council on a 10-1 vote and was signed by Mayor Vincent Gray prior to its transmission to Congress. It eliminates the threat of arrest for possessing marijuana and ensures that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing.

The legislation also prohibits law enforcement from using the smell of marijuana as grounds for stopping and searching a person. Instead of arresting people, the bill would impose a $25 civil fine for possession as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it. It is widely viewed as a model for other jurisdictions looking to reduce racial disparities in the criminal justice system.

"It is inexcusable that congressional time and resources are being spent to criticize local officials for eliminating racist and ineffective marijuana laws when large swaths of the American public support an end to marijuana prohibition," added Smith. "Members of Congress like Rep. John Fleming who say they are earnest about advancing public health and safety should take a hard look at the devastation wrought by marijuana prohibition."

If some Republican congressmembers are unhappy with DC's decrim bill, they are going to be in an absolute snit if and when District voters decide to outright legalize marijuana. The DC Cannabis Campaign legalization ballot initiative is in the signature-gathering phase right now and should easily qualify for the November ballot.

Washington, DC
United States

Chronicle AM -- May 9, 2014

House Republicans were "concerned" about DC's decrim at a hearing this morning, an Oregon poll shows a majority for legalization, harm reduction measures move in three states, an Oklahoma medical marijuana initiative is about to start signature-gathering, and more. Let's get to it:

Overdose prevention measures move in three states. (wikipedia.org)
Marijuana Policy

House Panels Debates DC Decriminalization Law. Republican members of a House Oversight subcommittee sharply questioned the District's move to decriminalize the possession of small amounts of marijuana Friday but did not indicate they would move to overturn the legislation passed by District lawmakers this spring. Rep. John L. Mica (R-FL), the panel's chair, said he was "not here to negate District law" but doubted whether the city's law would address its stated goal of reducing racial disparities in marijuana arrests. The hearing came amid warnings that it could be a first step toward Congress overturning the measure. Del. Eleanor Holmes Norton (D) told the committee it was inappropriate for the House to hold a hearing on only the District's laws when "18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana. She told The Washington Post in an interview she doubted Republicans would move directly to overturn the law. Click on the link to get more flavor of the hearing.

Oregon Poll Has 54% for Marijuana Legalization. In what is moderately cheery news for Oregon marijuana initiative organizers, a new OPB has support for legalization at 54%. Two different initiative campaigns are in the signature-gathering phase, so voters could have the chance to vote twice to legalize it. This is only moderately cheery news because initiative experts like to see support at 60% or higher at the beginning of a campaign, and because the poll's +/- 4.9% margin of error could mean support is really only at 50%. Still, the trend seems to be in the right direction. The last poll from OPB that asked about legalization a year and a half ago only had support at 43%.

New York City Pot Arrests Drop, But Only Moderately. Minor marijuana arrests in New York City have plunged in recent years amid questions about police tactics. But new statistics show the arrests dropped more modestly in the first three months of a new mayoral administration that has pledged to reduce them. Arrests for the lowest-level marijuana crime fell 34% in the first quarter of 2013 -- and 9% in the first quarter of this year, to roughly 7,000, according to state Division of Criminal Justice Services data obtained by The Associated Press. Both comparisons are to the same period in the previous years. Drug reform activists said this year's numbers show that problematic police practices continue despite new Mayor Bill DeBlasio's criticism of high marijuana arrest numbers.

Medical Marijuana

Oklahoma Initiative Will Start Signature Gathering May 18. The Oklahoma Compassionate Cannabis Campaign will begin signature-gathering for its medical marijuana initiative on May 18. The campaign needs 155,216 valid voter signatures to qualify for the November ballot.

Minnesota Medical Marijuana Study Bill Wins House Committee Vote. A bill that would fund a study on the therapeutic effects of marijuana was approved by the House Ways and Means Committee Thursday. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor. It now goes to the House floor. Meanwhile, Senate File 1641, the companion to Melin's earlier bill, remains alive in the Senate.

Harm Reduction

California Overdose Antidote Bill Passes Assembly. A bill to expand access to the overdose reversal drug naloxone (Narcan) unanimously passed the Assembly Thursday. Assembly Bill 1535 would permit pharmacists to furnish the lifesaving drug to family members; people who may be in contact with a person at risk of an opiate overdose; or to the patient requesting it, pursuant to guidelines to be developed by the state's boards of pharmacy and medicine. It also ensures proper education and training for both the pharmacists and the consumers. The bill now moves to the Senate.

Louisiana Overdose Antidote Bill Wins Senate Committee Vote. A state Senate panel gave quick approval Wednesday to legislation that would allow first responders to provide a life-saving drug to those overdosing on heroin. House Bill 754 would give law enforcement officers, firefighters and emergency medical personnel the authority to administer a drug that reverses the effects of heroin during an overdose. The Health and Welfare Committee sent the measure to the Senate floor for debate.

Minnesota Legislature Approves Overdose Antidote, Good Samaritan Bill. Both the House and the Senate voted Wednesday to approve a measure allowing first responders, law enforcement and some nonmedical professionals to administer a drug that can counteract the effects of a heroin overdose and also provides immunity to users who call 911 in the event of an overdose. House File 2307 now awaits the signature of Gov. Mark Dayton (DFL).

Foreign Policy

GOP Bill Would Define Hezbollah as Global Drug Kingpin. Rep. Mark Meadows (R-NC) has introduced a bill aimed at weakening the Lebanese Shiite militant group Hezbollah. "The Hezbollah International Financing Prevention Act (House Resolution 4411) broadens financial sanctions against the group, targets its propaganda television station al-Manar, and urges the president to define Hezbollah as a 'global drug kingpin,' giving the administration another weapon to cripple Hezbollah's operations. The bill also codifies into law the policy of the United States to prevent Hezbollah's global logistics and financial network from operating," Meadows wrote in a press release. The measure has been referred to the House Foreign Affairs and Financial Services committees.

Chronicle Book Review: Hemp Bound

Hemp Bound: Dispatches From the Front Lines of the Next Agricultural Revolution by Doug Fine (2014, Chelsea Green Publishers, 145 pp., $17.50 PB)

Hemp shouldn't have anything to do with drug policy. It's a cannabis sub-species low in THC so it doesn't get you high, but impressive as an industrial agriculture crop, one with uses in a broad and ever-increasing range of activities. The applications are numerous, and farmers in countries around the world, including just across the border in Canada, are making a living growing for an ever-expanding market, both here in the US and abroad.

Drug War Chronicle shouldn't be writing about hemp any more than it should be writing about corn or flax or soybeans. This should be the stuff of rural radio station farm shows and county agricultural extension office pamphlets.

But here we are -- because in what is arguably the single stupidest manifestation of the war on drugs, and the war on marijuana in particular, our farmers can't grow it. And that's because the DEA cannot be convinced to change its boneheaded position that hemp is marijuana. In fact, it even took getting slapped down by a federal appeals court to force the DEA to allow hemp products -- oil and seeds, fibers, biofuels -- to be imported into the country.

Still, the ban on US domestic hemp production is hurting American farmers, American agriculture, and the American economy. Farmers in North Dakota can stare across that imaginary line in the prairie and see their Canadian counterparts pocketing $250 an acre in what is a billion-dollar a year industry north of the border. Meanwhile, the Chinese are now years ahead of us in the tech for "cottonizing" hemp; making it a soft, desirable fiber.

All that's standing in the way is the DEA. North Dakota is among 13 states that have already passed laws defining hemp as distinct from marijuana and removing barriers to its production. And now, with the recent passage of the federal farm bill complete with a hemp amendment authorizing universities and agriculture departments in those 13 states to produce hemp for research purposes, hemp is about to bust out of the gate.

It's not quite there yet. That's going to take the DEA having a change of heart -- fat chance -- or, increasingly more likely, an act of Congress. There are hemp bills in both Houses this session, and while I would be surprised if they passed this year, it's coming. It's coming both because of rapidly changing attitudes about marijuana and because it is just too damned stupid to shoot ourselves in the foot any longer by letting everybody else but us grow this valuable agricultural commodity.

And Doug Fine is here to cheer it on. The veteran journalist (and New Mexico goat farmer with an organic bent) came to hemp the way many of us have -- through marijuana -- as he researched his third book, Too High to Fail: Cannabis and the New Green Economic Revolution. Now, with Hemp Bound, he's embraced an enthusiastic new role as an apostle of weed's country cousin. He's taken up the mantle of Jack Herer, but with more rigorous scientific backing, and while he doesn't want to shout out "Hemp will save the world!" one gets the definite sense that he thinks it's really going to help.

And he's done the research to back his claims. Fine interviews people in all aspects of the hemp industry, from Canadian farmers, scientists, and government officials to a Denver hemp-powered limo driver, a Dutchman whose company manufactures hemp fiber panels for the European luxury car market, and a Brit whose company uses hemp as a building material. The extent of the global hemp industry is truly eye-opening, and Fine is very seriously urging us here in the US to quit screwing around and get on the bandwagon.

Hemp Bound is not only informative and exciting, it's a fun read. Fine writes with passion, verve, and humor, and a sharp eye for bullshit. The chapters are fact-filled, but short, and are interspersed with interviews with the various players. And he gets bonus style points for managing to use the word "Saskatchewanian" (let that roll off your tongue), although there are style points foregone by using "separate the wheat from the chaff" instead of a hempier "separate the bast from the hurd" (if that's the correct analog; I defer to the true hemp experts here).

Mostly, Hemp Bound is a plea for us to take advantage of this plant. Fine waxes missionary over its multiple applications -- as he notes, a Popular Science article from the 1930s cited 25,000 industrial uses -- which I like to simplify and summarize as "The Three Fs" -- food, fiber, and fuel. And, if Fine and the people he talks to are correct, he's got good reason to be enthusiastic. With hemp, one can do good (by producing healthy, sustainable products with few nasty inputs and reducing reliance on petroleum products) and do well (make some money) at the same time.

But Hemp Bound is also an introduction to hemp and a how-to manual for American farmers thinking about making the leap. I come from an agricultural state. I know real live farmers. They are skeptical and tend to smirk at hippies, but they can also look around their acreages and see the ditch weed. Guys who are struggling to make a living with a thousand acres of corn and soybeans may be amenable to hemp if they think they can make a go of it. The profit is only $250 an acre, but when you have a thousand acres, that adds up, and farmers can count.

Fine speaks directly to these guys, some of whom are going to be the pioneers in America's next hemp boom. He can talk the talk that farmers talk. I think Hemp Bound needs to get in the hands of a lot of farmers, and I've made arrangements to see that it gets to a couple I know in central South Dakota. It also needs to get in the hands of legislators, state and university ag departments, and anyone else interested in starting our hemp revolution. We have some catching up to do, and Hemp Bound is our handbook.

Medical Marijuana Update

A bid to ease access to medical marijuana for vets failed in Congress, but not by much; California continues to grapple with local regulation issues, limited CBD medical marijuana bills continue to prove popular, a Washington state family can't use a medical marijuana defense for growing medical marijuana, and more. Let's get to it:

National

Last Wednesday, the US House narrowly defeated an amendment to allow VA doctors to recommend medical marijuana. Nearly 200 members of Congress, including 22 Republicans, voted in favor of an amendment Wednesday intended to allow physicians within the Veterans Affairs system to recommend medical marijuana to veterans in states that allow it. The bipartisan-sponsored amendment failed 195-222. The amendment, sponsored by Congressmen Earl Blumenauer (D-OR), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Jared Polis (D-CO), was the first of its kind to be introduced on the House floor. It would have become part of House Resolution 4486, the Military Construction and Veterans Affairs and Related Agencies Appropriations Act.

California

Last Thursday, backers of an initiative to allow and regulate dispensaries in Riverside handed in signatures. The group, Riverside Safe Access, turned in about 20,000 signatures. They need about 12,000 to qualify for the next regular city election in June 2015 and about 15,000 signatures to call a special election sooner.

Last Friday, a Fresno County judge put fines for medical marijuana growers on hold. Superior Court Judge Bruce M. Smith ruled that county officials can't start collecting fines from two property owners who appealed the new medical marijuana cultivation ban. One grower caught with 43 plants faces a $43,000 fine under rules adopted by the county. The board of supervisors was set to hear an appeal from another property owner Tuesday. In that case, the property owner was hit with a fine because his tenant grew 30 plants on his property.

Also last Friday, activists sued the city of San Diego to block recently passed dispensary regulations. The Union of Medical Marijuana Patients Inc. filed the lawsuit charging that the city's regulations are too restrictive, will result in few dispensaries in the city, and will result in dispensaries being concentrated in certain areas of the city.

On Tuesday, the San Luis Obispo city council rejected a ban on outdoor grows. After more than three hours of public comment, the city council voted 4-1 to reject an ordinance banning outdoor medical marijuana grows. The ordinance was brought before the council after neighbors complained of a large outdoor grow operation in the backyard of residence near Leff and Nipomo Street. Neighbors complained of a constant stench of weed, increased traffic, and the fear of crime. But the city council said the ordinance went too far in penalizing medical marijuana growers who are not a problem for neighbors.

Also on Tuesday, the Healdsburg city council approved the outdoor cultivation of up to three plants. Patients, or their caregivers, will be allowed to grow three plants in their backyard or sideyard only, and also be able to cultivate up to six plants indoors. In response to perennial complaints about backyard marijuana gardens, Police Chief Kevin Burke last year proposed guidelines that would allow only indoor cultivation, with grow lights. But the proposal met with opposition from medical cannabis users, who said being forced to grow indoors is a significant expense, especially for low-income patients who need it.

On Wednesday, activists handed in signatures for a Butte County initiative that would strip supervisors of the right to regulate medical marijuana grows. The initiative proposes to do two things: re-establish a previous version of medical marijuana growing regulations in the county.It would also prohibit the supervisors from amending cultivation rules without putting up for a vote of the people. Activists handed in more than 10,000 signatures; they need 7,600 of those to be valid to qualify for the November ballot.

Florida

On Monday, the legislature approved a limited CBD medical marijuana bill and Gov. Rick Scott (R) said he would sign it. Senate Bill 1030 allows the use of CBD cannabis oil to treat epileptic seizures.

Iowa

Last Thursday, the senate passed a limited CBD medical marijuana bill. After an emotion-charged debate, senators voted 36-12 to pass Senate File 2360, a bill that legalizes the possession and medical use under certain conditions of cannabidiol, a non-psychoactive component of marijuana that backers say possesses a wide range of therapeutic benefits. Ten Republicans joined 26 Democrats in passing the bill. Sen. Joe Bolkcom (D-Iowa City) is the sponsor.

On Monday, Gov. Terry Branstad (R) said he was unsure if he would sign it. He said he hadn't read the Senate File 2360 yet and noted that he has 30 days to take action. "This is not something that's been approved by the (Food and Drug Administration)," Branstad said in response to questions from reporters during his weekly news conference.

Louisiana

Last Wednesday, a medical marijuana bill died in committee. There will be no medical marijuana legislation passing through the Louisiana legislature this year. Senate Bill 541, sponsored by Sen. Fred Mills (R-New Iberia) was defeated in the Senate Health and Welfare Committee on a vote of 6-2.

Minnesota

On Tuesday, the Senate approved a medical marijuana bill. The Senate approved Senate File 1641, which would allow for up to 55 dispensaries statewide and allow patients suffering from a list of approved medical conditions to use the plant -- but not to smoke it. A companion measure in the House is even more restrictive. It could be up for debate as early as Friday.

New York

On Tuesday, a long-stalled medical marijuana bill got is first Republican sponsor. Sen. Joseph Robach (R-Rochester) added his name this week to the Compassionate Care Act, joining 17 other Democratic senators who have co-sponsored the measure. The bill's primary sponsor is Sen. Diane Savino, a Staten Island Democrat. Republican Senate leaders have held up the bill. Senate GOP leader Dean Skelos said Tuesday there was a "good possibility" some sort of bill would be approved this session, but that he would only support a limited CBD bill.

Oregon

Last Wednesday, the Oregon Health Authority released a list of localities that have dispensary moratoriums. According to the state, 131 cities and 25 counties enacted moratoriums on dispensaries. Oregon has 242 incorporated cities and 36 counties. Oregon passed a law regulating dispensaries, but localities could enact moratoriums until yesterday. Those moratoriums can only extend through May 2015.

Pennsylvania

Last Thursday, Gov. Tom Corbett (R) said he now supports a limited CBD medical marijuana bill. He remains opposed to legalizing marijuana for medical use but now makes one exception: the use of a marijuana extract to treat severe seizures in children, his office said. Corbett's office first confirmed to The Associated Press that the Republican governor had met with several parents to tell them in person about his decision. The move came a day before patients and their families had vowed to stage at a sit-in at his office.

Washington

On Tuesday, a federal judge denied a medical marijuana defense for a family accused of growing medical marijuana. A federal judge won't allow a family of a medical marijuana patients from Washington state to defend themselves against drug trafficking charges by arguing their pot plants were for medical purposes. US District Judge Fred Van Sickle of the Eastern District of Washington on Tuesday rejected the planned medical marijuana defense of Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, and three others facing trial next week, saying they could not argue that growing marijuana was for medical purposes and legal under Washington state law. "The intent of the defendants is not relevant to the issues," Van Sickle said. "There's this concept of reliance on state law and the like. That's not relevant either." Because the federal government considers marijuana illegal, federal courts generally don't allow evidence that the drug may have been used for medical purposes, even when medical marijuana is legal under a state's law, as it is in Washington. The Harveys, their son, Rolland Gregg, 33; Gregg's wife Michelle, 35; and family friend Jason Zucker, 38, sought to describe their doctor-recommended medical marijuana cultivation at their upcoming trial on federal drug charges.

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

Chronicle AM -- May 7, 2014

A reform rollback in New Zealand, a hearing on DC decrim in Congress tomorrow, a medical marijuana trial becomes a travesty, the DEA makes another change-nothing drug bust, and more. Let's get to it:

New synthetic drugs are going back to the black market after New Zealand rolls back its effort to regulate them. (wikimedia)
Marijuana Policy

ACLU DC Branch Will Testify on District Marijuana Decriminalization Bill Tomorrow. The American Civil Liberties Union of the Nation's Capital will testify before the House Committee on Oversight & Government Reform, Subcommittee on Government Operations about the District of Columbia's marijuana decriminalization bill tomorrow. The legislation would remove the criminal penalties under District of Columbia law for the possession of an ounce or less of marijuana within the District. The bill passed the DC council overwhelmingly and was signed by Mayor Vincent Gray. It cannot become law until Congress and the president have had 60 days to review it. The Subcommittee on Government Operations called the hearing to discuss the enforcement in the District of local and federal marijuana laws. The ACLU will testify that nothing in the bill would prevent federal law enforcement officers from enforcing federal law throughout the District.

Colorado Legislature Approves Bills on Hashish, Edibles. House Bill 1361, which limits hash sales, and House Bill 1366, which further regulates edibles, both passed the Senate Wednesday, the last day of the session. Under current law, consumers can purchase up to an ounce of hash at a time, but that will be reduced by some as yet unspecified amount. The edibles bill would ban manufacturers from making edibles that "a reasonable consumer would confuse with a trademarked food product" (goodbye, Reefers Cups) or that are "primarily marketed to children." Both bills await the governor's signature.

MPP Releases Report on Collateral Consequences of Marijuana Convictions in New Hampshire. The Marijuana Policy Project (MPP) has just released a new report, Marked for Life, that shows how the lifelong stigma associated with a marijuana conviction can derail dreams by making it difficult to obtain jobs, an education, and even housing. The moves two weeks after the state Senate refused to consider a marijuana reform bill, but the session isn't over yet, and MPP and its allies say they are not giving up for the year.

Medical Marijuana

Federal Judge Denies Medical Marijuana Defense to Family Accused of Growing Medical Marijuana. A federal judge won't allow a family of a medical marijuana patients from Washington state to defend themselves against drug trafficking charges by arguing their pot plants were for medical purposes. US District Judge Fred Van Sickle of the Eastern District of Washington on Tuesday rejected the planned medical marijuana defense of Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, and three others facing trial next week, saying they could not argue that growing marijuana was for medical purposes and legal under Washington state law. "The intent of the defendants is not relevant to the issues," Van Sickle said. "There's this concept of reliance on state law and the like. That's not relevant either." Because the federal government considers marijuana illegal, federal courts generally don't allow evidence that the drug may have been used for medical purposes, even when medical marijuana is legal under a state's law, as it is in Washington. The Harveys, their son, Rolland Gregg, 33; Gregg's wife Michelle, 35; and family friend Jason Zucker, 38, sought to describe their doctor-recommended medical marijuana cultivation at their upcoming trial on federal drug charges.

New York Medical Marijuana Bill Gains First Republican Sponsor. Sen. Joseph Robach (R-Rochester) added his name this week to the Compassionate Care Act, joining 17 other Democratic senators who have cosponsored the measure. The bill's primary sponsor is Sen. Diane Savino, a Staten Island Democrat. Republican Senate leaders have held up the bill. Senate GOP leader Dean Skelos said Tuesday there was a "good possibility" some sort of bill would be approved this session, but that he would only support a limited CBD bill.

Minnesota Senate Approves Medical Marijuana Bill. The state Senate Tuesday approved Senate File 1641, which would allow for up to 55 dispensaries statewide and allow patients suffering from a list of approved medical conditions to use the plant -- but not to smoke it. A companion measure in the House is even more restrictive. It could be up for debate as early as Friday.

Law Enforcement

Courts, Legislators Moving to Curb Police Access to Prescription Drug Databases. For years, police across the country have had easy access to databases of prescriptions for controlled substances used by individuals they suspect of committing a crime. Not anymore. Some courts and legislators are now starting to restrict the data, amid concerns by privacy advocates and defense lawyers who say warrantless searches of these databases violate privacy rights, The Wall Street Journal reports. In February, a federal court in Oregon ruled for the first time that federal agents need a warrant to search that state's prescription-drug database. Last year, Rhode Island raised the barrier of entry to its database, and legislators in Florida and Pennsylvania are considering new limits on law-enforcement access to the records in those states.

DEA in Nationwide Raids on Synthetic Drugs, Sellers. The Drug Enforcement Administration on Wednesday broadened its national crackdown on synthetic drug manufacturers, wholesalers and retailers as federal agents served hundreds of search and arrest warrants in at least 25 states. Agents served warrants at homes, warehouses and smoke shops beginning early morning. The largest single operation was a statewide effort in Alabama. Agents also were active in Florida and New Mexico, among other states. Wednesday's crackdown was focused strictly on US targets and involved 66 DEA cases, seven investigations led by Immigration and Customs Enforcement special agents and several others led by Customs and Border Protection that focused on express consignment shipments. Last year, the DEA and Customs and Border Protection wrapped up a 7-month investigation that ended in 150 arrests and the seizure of about a ton of drugs. And now it's rinse and repeat.

Sentencing Reform

Harry Reid Says Sentencing Reform Debate Could Hit Senate Floor Soon. CQ Roll Call (behind a pay wall; no link, sorry) reported Tuesday that Senate Majority Leader Harry Reid (D-NV) was asked whether he intended to bring Sen. Richard Durbin's (D-IL) sentencing reform bill, Senate Bill 1410, to the floor for debate soon. "The answer is yes," Reid said, adding that he has been consulting with Durbin about it. The bill would slash mandatory minimums for some drug crimes and give judges more discretion to impose sentences beneath federal guidelines.

International

New Zealand Reverses Course on Regulating Synthetic Drugs. In a disappointing about-face, New Zealand reversed course on allowing some synthetic drugs to be legally sold after a rising public clamor about them. A law change effective Thursday will ban the sale and possession of all synthetic drugs. That ends the sale of 36 substances, many of which had been designed to mimic marijuana. Five other substances were banned earlier this year. The country last year gained international attention after enacting a novel new law that allowed those synthetic drugs thought to be low-risk to be sold while waiting for pharmaceutical-style testing. The law still allows manufacturers to sell the drugs if they can prove them low-risk after rigorous testing. But health officials have yet to develop testing protocols. And manufacturers may find the hurdles insurmountable after lawmakers on Wednesday also banned the use of animals in testing the products.

Tunisia Activists Urge Reform of Harsh Marijuana Laws.Tunisia's tough law on cannabis use, laying down jail terms of at least one year, is "destroying lives" and overcrowding prisons, according to a group of activists urging reform. Since the law was passed more than 20 years ago, "tens of thousands of Tunisians have been convicted," the group said in an open letter to the government. "But the number of people sentenced and the number of users continue to grow, proving that this law is not a deterrent. It has failed," said the group, named Al Sajin 52 (or Prisoner 52) as the law is called. Health ministry director general Nabil Ben Salah said the health and justice ministries are trying to "humanize" the marijuana law, but that decriminalization is not an option.

Drug War Violence Flares in Northeast Mexico. Federal security forces killed five gunmen in separate shootouts in Reynosa, Tamaulipas, just across the border from McAllen, Texas, Monday. Army troops, meanwhile, detained 15 suspected criminals in different operations across the state. The Gulf and Zetas drug cartels have been fighting for control of Tamaulipas and smuggling routes into the United States for years, and now Gulf cartel factions are also fighting among themselves. The violence has spiked in recent weeks, but federal officials have not taken any additional measures to deal with the situation in the border state.

Chronicle AM -- May 1, 2014

Asset forfeiture gone wild is in the news, so is a Delaware drug lab scandal, there's a major report on imprisonment from the National Academy of Sciences, Silk Road is back, and more. Let's get to it:

Silk Road is back and as busy as ever.
Marijuana Policy

Colorado Bill to Seal Old Marijuana Convictions Wins Committee Vote. The Senate Judiciary Committee passed a bipartisan sponsored bill that would allow someone to have their marijuana conviction sealed, if the conviction is now legal under Amendment 64. The committee heard nearly two hours of public comment before approving the measure, Senate Bill 14-218. The bill passed on a 3-2 vote and is now headed to the Committee on Appropriations.

Medical Marijuana

Louisiana Medical Marijuana Bill Dies in Committee. There will be no medical marijuana legislation passing through the Louisiana legislature this year. Senate Bill 541, sponsored by Sen. Fred Mills (R-New Iberia) was defeated in the Senate Health and Welfare Committee on a vote of 6-2.

Iowa Limited CBD Medical Marijuana Bill Passes Senate. The Iowa Senate on Thursday approved a narrow opening for Iowa parents with children suffering from severe epilepsy to be able to access cannabis oil as a treatment option. After an emotion-charged debate, senators voted 36-12 to pass Senate File 2360, a bill that legalizes the possession and medical use under certain conditions of cannabidiol, a non-psychoactive component of marijuana that backers say possesses a wide range of therapeutic benefits. Ten Republicans joined 26 Democrats in passing the bill. Sen. Joe Bolkcom (D-Iowa City) is the sponsor.

US House Narrowly Defeats Amendment to Allow VA Docs to Recommend Medical Marijuana. Nearly 200 members of Congress, including 22 Republicans, voted in favor of an amendment Wednesday intended to allow physicians within the Veterans Affairs system to recommend medical marijuana to veterans in states that allow it. The bipartisan-sponsored amendment failed 195-222. The amendment, sponsored by Congressmen Earl Blumenauer (D-OR), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Jared Polis (D-CO), was the first of its kind to be introduced on the House floor. It would have become part of House Resolution 4486, the Military Construction and Veterans Affairs and Related Agencies Appropriations Act.

Asset Forfeiture

Florida Sheriff on Asset Forfeiture Rampage. Marion County Sheriff Chris Blair is seizing criminal suspects' assets like never before, according to this report from The Ocala Star Banner. Prior to Blair taking office in 2012, asset forfeiture cases averaged 38 a year, but jumped to 57 last year, and there are already 33 so far this year. Now, Blair is expanding the practice beyond drug cases to include common crimes. Suspects face being stripped of their property after being arrested by officers for DUI, shoplifting, burglary, armed robbery, resisting arrest, driving with a suspended or revoked license, or grand theft. One woman had her 2008 Chevy seized after being caught with a few oxycodone pills. Here's the money quote (so to speak), as Blair's office explains the increase in seizures: "It shows the difference between a sheriff with 35 years of law enforcement experience and a sheriff who came from the business world," Chief Deputy Fred LaTorre explained. The whole article is worth the read; click the link.

Class Action Lawsuit Coming Over Nevada County's Highway Robbery Asset Forfeiture Program. Humboldt County already had to give back the money it stole from driver Tan Nguyen under the guise of its highway asset forfeiture program -- and pay his lawyer's fees -- but now the county faces a class action lawsuit from other victims of its overzealous law enforcement practices. After Ngyuen won his case against the Humboldt County Sherff's Department, 20 more people have come forward to say that they too had been stopped in Humboldt County and forced to give up money without any charges or even being accused of a crime. In many cases, they weren't even slapped with a speeding ticket. "What they're doing is profiling. They think they're stopping people who are on their way to California to buy drugs, and then bring them back to the Midwest or the Eastern states, and then sell them," said John Ohlson, he attorney for the cash seizure victims.

Drugged Driving

"Impaired" Driving Bill Wins Vermont Senate Committee Vote. The Senate Judiciary Committee Wednesday approved a drugged driving bill, House Bill 501, but not before amending it to remove the zero tolerance language in the version passed by the House. Instead, the Senate version now says the amount of drugs in your system has to actually impair your ability to drive. While the distinction between the two bills seems small, it may be a tough fight to hammer out a compromise by next Friday, when the session adjourns. The version of the bill cited here is the original; the amended version is not yet available.

Law Enforcement

Delaware Drug Lab Scandal Could See Thousands of Drug Cases Thrown Out. The Delaware Public Defender's Office on Wednesday filed "the first wave" of legal challenges to try and overturn 9,500 drug convictions because of tampering and thefts at the state's drug testing lab. This is on top of the more than 3,700 pending drug prosecutions in Delaware courts that are at risk of being dismissed due to the scandal at the Controlled Substances Lab inside the Delaware Medical Examiner's Office. And on the same day that public defenders delivered five archive boxes containing 112 motions for post-conviction relief to prosecutors and the court, state officials revealed that an employee at the Medical Examiner's Office has been suspended with pay as an investigation into the missing drug evidence continues. Click on the link for all the sleazy details.

Georgia Narc Denied Immunity in Killing of Innocent Pastor in Drug Investigation. A narcotics officer who fatally shot a Baptist pastor in Georgia persuaded a federal judge to partly reduce the jury-imposed $2.3 million verdict, but failed in his bid to claim qualified immunity because he was acting in his capacity as a law enforcement officer. Billy Shane Harrison shot and killed Pastor Jonathan Ayers after Ayers attempted to flee in his car from undercover officers attempting to question him in a drug investigation. The judge in the case ruled that "defendant could not have reasonably believed that Ayers posed an imminent threat of serious harm or that deadly force was necessary to prevent his escape," the 11-page ruling states. "And because it is clearly established that it is unreasonable for a police officer to use deadly force under such circumstances, defendant's motion for judgment as a matter of law based on qualified immunity is denied." No criminal charges were ever filed against Harrison for the killing.

Maine Governor Says He Found Money to Pay for More Drug War. Gov. Paul LePage (R) announced Wednesday that his administration has found $2.5 million to pay for a drug enforcement bill that would add agents, judges and prosecutors and increase funding for addiction treatment programs. The bill was enacted with broad bipartisan support, but the Legislature's budget committee did not fund it. On Wednesday, the LePage administration said it has found a projected surplus in the state's unclaimed-property fund, which is overseen by the State Treasurer's Office and consists of money and personal assets that are considered lost or abandoned. The governor said he will propose emergency legislation today to allocate the surplus to the drug enforcement initiative. But it's unclear whether the Legislature will consider it. The ACLU of Maine, which has consistently opposed the bill, urged lawmakers to reject LePage's proposal. "The governor continues to push a proposal that would scale up an already bloated criminal justice system while giving a back seat to more effective treatment programs," the group said. "Plenty has been said about the need for a balanced approach, but this proposal is nothing of the sort... A truly balanced approach would mean scaling back law enforcement while increasing treatment and prevention."

Sentencing

National Academy of Sciences Report Calls for Big Cuts in Imprisonment. A groundbreaking report released yesterday by the National Research Council, the principal operating arm of the National Academy of Sciences, documents the unprecedented and costly price of US incarceration rates. As the report points out, this unprecedented rate of incarceration is a relatively new phenomenon in US history. America's prison population exploded largely as a result of the failed drug war policies of the last 40 years. The report calls for a significant reduction in rates of imprisonment and says that the rise in the US prison population is "not serving the country well." It concludes that in order to significantly lower prison rates, the US should revise its drug enforcement and sentencing laws.

Sentencing Commission Submits Federal Sentencing Guideline Amendments to Cut Drug Sentences. On Wednesday, the US Sentencing Commission submitted its proposed amendments to the federal sentencing guidelines to Congress. In addition to recommending reductions in some drug sentences, the Commission is also seeking public comment on the issue of whether to apply the amendment to the drug quantity table retroactively. Comments can be made through July 7 and can be emailed to public_comment@ussc.gov.

Federal Judge Calls for Clemency for Convicted Cocaine Dealer. In an opinion issued Tuesday, US District Court Judge Paul Friedman urged President Obama to commute the sentence of Byron McDade, who was convicted following a jury trial in 2002 of conspiracy to distribute more than five kilograms of cocaine. Friedman sentenced McDade to 27 years in prison, the shortest sentence possible under federal sentencing guidelines, which were mandatory at the time. Prior to his conviction in the drug case, McDade had only a single misdemeanor on his record, for which he paid a $10 fine. "The sentence this Court was required to impose on Mr. McDade was unjust at the time and is 'out of line' with and disproportionate to those that would be imposed under similar facts today," Friedman wrote in his opinion dismissing McDade's latest bid to overturn his conviction. "While the Court is powerless to reduce the sentence it was required by then-existing law to impose, the President is not. The Court urges Mr. McDade's appointed counsel to pursue executive clemency on Mr. McDade's behalf so that justice may be done in this case." The administration recently called on federal drug prisoners to seek clemency.

International

Silk Road Internet Drug Sales Web Site Still As Busy As Ever. Eight months after federal agents brought down the man alleged to be running an underground Web site called Silk Road that had become a thriving venue for drug trafficking, not only is the site up and running again but the new version is more vibrant than ever. Busted Not Broken, a report from watchdog group the Digital Citizens Alliance claims the "online black market economy has done a complete somersault in the six months since the fall of the original Silk Road. New players have arisen, including a second incarnation of 'Dread Pirate Roberts' and a revived Silk Road (which seems to be thriving, even after law enforcement arrested and charged some of the new site's prominent figures) has replaced the original."

Jakarta Drug Crackdown An Exercise in Futility. The vice governor of Jakarta, commonly known as Ahok, has announced a crackdown on drugs in the Indonesian capital, but a thoughtful analysis from asiancorrespondent.com's Patrick Tibke shows how it is in exercise in both futility and hypocrisy. Click on the link; the read is worth it.

Lebanese Druse Leader Walid Jumblatt Says Legalize Marijuana. Walid Jumblatt, stalwart of the Lebanon's Druse community and leader of the Progressive Socialist Party, said Thursday he supported marijuana legalization, for both medical and economic reasons. "Never in my life have I smoked marijuana, but I support growing cannabis for medical use and to improve the living conditions of farmers in north and the Bekaa Valley," Jumblatt told Al-Jadeed TV. "Let's legalize cannabis and regulate its cultivation," the politician said. Crop substitution programs in the Bekaa Valley, which once saw a multi-billion marijuana trade, have been a failure, he added.

DEA Chief Opposes Marijuana Legalization, Supports Mandatory Minimums

DEA Administrator Michele Leonhart appeared before the Senate Judiciary Committee Wednesday to warn of the dangers of marijuana legalization and affirm her support for mandatory minimum sentences.

DEA administrator Michele Leonhart (usdoj.gov)
Leonhart's testimony put her increasingly at odds with the administration that employs her. The Obama administration has announced that it is not going to interfere with legal marijuana in states that have approved it -- unless some of its eight listed enforcement priorities are in play -- and it has made it very clear that it views mandatory minimum sentencing as a failed policy.

Leonhart mentioned two of the enforcement priorities -- the leakage of marijuana to non-legal states and the use of the herb by minors -- in her statement to the committee. She said she is worried by an increase in marijuana trafficking in states surrounding Colorado and that the same thing could happen in Washington state. She also worried that increasing acceptance of marijuana would lead to increased use.

"The trends are what us in law enforcement had expected would happen," she said. "In 2012, 438,000 Americans were addicted to heroin. And 10 times that number were dependent on marijuana." But she did not provide any evidence tying the number of marijuana users to changing attitudes or laws.

The DEA is indeed concerned about marijuana legalization. Three months ago, DEA chief of operations James Capra called legalization in the states reckless and irresponsible and warned of looming disaster.

"It scares us," Capra said during a Senate hearing in January. "Every part of the world where this has been tried, it has failed time and time again."

Except that marijuana legalization has never been tried anywhere before Uruguay, Colorado, and Washington made the leap too recently to cite. In the Netherlands, where authorities turn a blind eye to sales at cannabis coffee shops and which is often cited as an example of "legalization," life goes on and marijuana use rates are well with European norms.

Leonhart continued singing the same old tune Wednesday, warning that emergency room visits related to marijuana increased by 28% between 2007 and 2011.

ER visits may be up, but it's the quality, not just the quantity that also matters. Marijuana has no fatal overdose potential; most marijuana-related ER visits are panic attacks or anxiety reactions, not life-threatening events.

Leonhart also had kind words for mandatory minimums, even though her immediate boss, Attorney General Eric Holder has said they create cruel, disproportionate punishments and contribute to federal prison overcrowding.

"Having been in law enforcement as an agent for 33 years [and] a Baltimore City police officer before that, I can tell you that for me and for the agents that work at the DEA, mandatory minimums have been very important to our investigations," said Leonhart, in response to a question from Sen. Charles Grassley (R-Iowa). "We depend on those as a way to ensure that the right sentences equate the level of violator we are going after."

Leonhart is a holdover from the Bush administration. It is unclear how long she can continue to fit in under an Obama administration that is moving forward on drug policy reform.

Washington, DC
United States

Medical Marijuana Update

Medical marijuana continues hot and heavy in state legislatures across the country, there's a petition for a patient denied access to a liver transplant in California, two federal marijuana patients in Iowa also need some help, and a new federal medical marijuana bill has been filed. And more. Let's get to it:

National

On Monday, Virginia Congressman Morgan Griffith introduced a federal medical marijuana bill. Griffith (R-VA) has filed House Resolution 4498, the Legitimate Use of Medicinal Marijuana Act. This bill would prohibit the federal government from preventing the prescription, possession, transportation, and distribution of marijuana for medical purposes in compliance with applicable state law. The bill would also reclassify marijuana from a Schedule I drug to a Schedule II drug.

Arkansas

Last weekend, the Arkansas Medical Cannabis Act initiative went signature-gathering. Hundreds of Arkansans volunteered over the weekend to collect signatures for the Arkansas Medical Cannabis Act in more than 50 locations across the state. They need to collect more than 62,000 valid voter signatures by July 7 to qualify for the November ballot.

California

Last Tuesday, a medical marijuana regulation bill won an Assembly committee vote. A bill to impose regulation on the state's medical marijuana industry passed the Assembly Public Safety Committee. Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) would make it illegal for doctors to recommend medical marijuana for patients they have not examined, and bar prescriptions by doctors with a financial interest in a pot dispensary. It would also let the Department of Alcoholic Beverage Control enforce laws regulating marijuana and develop plans to tax it beyond the sales tax now levied, while ensuring it is grown and processed safely and in ways safe for the environment. A competing bill favored by law enforcement, Senate Bill 1262 by Sen. Lou Correa (D-Santa Ana), was approved a day earlier by the Senate Business Professions and Economic Development Committee. It would regulate medical marijuana through the Department of Public Health and county health departments.

Last Wednesday, a proposal to consider allowing dispensaries in Colfax failed. Two council members voted in favor, and two voted against the motion, which would have instructed city staff to look into revising the 2009 ordinance prohibiting dispensaries in Colfax. The fifth council member abstained.

On Monday, a petition drive got underway for a patient denied access to a liver transplant because he uses medical marijuana. Stanford University Medical Center has removed Hep C and cirrhosis sufferer Richard Hawthorne from its list of people in line to get liver transplants because he uses medical marijuana to alleviate his symptoms. Stanford removed Richard from the list based on "national standards." It said: "The national protocols include factors that may lead to disqualification, which include both use of drugs and alcohol." Hawthorne uses medical marijuana with a doctor's recommendation. There were only 343 signatures on the petition to get him reinstated at press time. Click on the link to add yours.

Colorado

On Monday, a bill to make PTSD a qualifying medical condition died in a House committee. House Bill 14-1364 failed to pass the House State, Veterans and Military Affairs Committee, a move decried by the Drug Policy Alliance. "It's insane that in a state with legal marijuana veterans don't have the same right as anyone else over 21 -- especially considering how many lives are at stake," said Art Way, senior Colorado policy manager for the group. "No veteran should have to risk benefits or feel stigmatized when they use medical marijuana."

Florida

On Monday, Florida sheriffs announced they would campaign against the state's medical marijuana initiative. Florida law enforcement authorities are set to begin a public awareness campaign to fight the effort to legalize medicinal marijuana, a question that will be put to voters in November. This winter, the Florida Sheriff's Association sent sheriffs across the state an email asking for their support of a resolution opposing the legalization of marijuana. A vast majority of the 67 sheriffs was in favor of fighting against any effort to legalize pot. That's a shocker.

Also on Monday, a limited CBD medical marijuana bill passed the Senate. The bill allows low-THC, high-CBD cannabis oil to be used by patients suffering seizure disorders. Senate Bill 1030, also known as the Charlotte's Web bill after a certain high-CBD strain, now heads to the House, where its fate remains uncertain as leaders there raise questions about whether an extract could be made safe enough to distribute.

Iowa

Last Thursday, a limited CBD medical marijuana bill passed the Senate. The bill gives prosecutorial immunity to people who possess cannabidiol to treat seizures. Senate File 2360 would require patients or their caregivers to obtain a state-issued license to possess the drug and must have a neurologist's prescription in order to obtain the license.

Last Friday, a call went out to seek help for two Iowa federal medical marijuana patients. Two of the last remaining federal marijuana patients are facing a bleak future as a result of their physician relocating to another state. Patients Out of Time is issuing an urgent request for a Midwestern physician to come forward and help these individuals. No physicians in Iowa have stepped up so far. The patients, Barbara Douglass and George McMahon, are two of four remaining recipients of federal marijuana for medical purposes under the now defunct Compassionate IND program. For further information please call All Byrne of Patients Out of Time, (434) 263-4484, or email at al@medicalcannabis.com.

Louisiana

On Tuesday, the state sheriff's association spoke out against a pending medical marijuana bill. Law enforcement agencies from across the state spoke out against a proposed bill to legalize medical marijuana at the Louisiana Sheriffs' Association. "As the current bill stands in Louisiana, this still does not correct the fact that it is illegal in the United States of America to possess or use marijuana," president of the Louisiana Sheriffs' Association Sheriff Tony Mancuso said. The bill, Senate Bill 541, proposed by Louisiana State Senator Fred Mills (D-St. Martin Parish), will be heard by the Committee on Health and Welfare today.

Minnesota

On Tuesday, a Senate committee approved a compromise medical marijuana bill. The Senate State and Local Government Committee approved the bill. Senate File 1641 now heads to the Senate Judiciary Committee for a Wednesday hearing. Companion legislation has also moved in the House.

Missouri

Last Wednesday, the House gave first approval to a CBD medical marijuana bill. The bill would allow the use of CBD cannabis oil by people suffering from seizures. Senate Bill 951 won first round approval by a voice vote. It needs one more vote in the House.

Montana

Last Saturday, medical marijuana supporters protested at businesses owned by the sponsor of an anti-marijuana initiative. The proposed initiative would make all marijuana illegal in Montana. About 100 people demonstrated outside Rimrock Subaru and Rimrock KIA in Billings on Saturday. Steve Zabawa, a partner with the Rimrock Auto Group, is sponsoring an initiative that would "eliminate the disparity between federal law and state law." The potential law would make any drug on Schedule One of the Federal Controlled Substances Act illegal in Montana.

Nevada

Last Wednesday, Clark County (Las Vegas) reported receiving more than 200 applications for medical marijuana businesses.A total of 206 applications for medical marijuana businesses were filed by 109 legal entities with the county's Business Licensing Department before yesterday's deadline. That total includes 90 applications for dispensaries, 70 applications for cultivation facilities, 45 for production facilities and one for an independent testing laboratory. Businesses who met today's deadline will have until May 2 to submit a zoning application and the accompanying $5,000 fee for the special-use permits needed to operate a medical marijuana establishment. The county commission plans to review and award a limited number of special-use permits at a June 5 public meeting. Businesses can apply for one of four license types.

New Mexico

Last Wednesday, the medical cannabis program's Medical Advisory Board recommended adding Alzheimer's to the list of eligible conditions. The Medical Cannabis Program's Medical Advisory Board voted unanimously Wednesday to add neurodegenerative dementia including Alzheimer's disease (AD) to the list of medical conditions eligible for the Medical Cannabis Program. The Secretary of Health will have the final decision. Medical cannabis is currently available to Alzheimer's patients in thirteen of the states that authorize its use.

Pennsylvania

On Monday, a state senator and parents of sick kids said they would sit in at the governor's office. Sen. Daylin Leach (D-Montgomery County) and parents of sick children they have asked repeatedly to meet with Gov. Tom Corbett (R) to have a meaningful discussion about his opposition to a medical marijuana bill, Senate Bill 770. Now, after Corbett continues to stonewall their requests, Leach and family members said they will sit-in at Corbett's office until a meeting is scheduled. "If the governor chooses to forcibly remove sick children and the parents of those children, that is up to him. But we will not voluntarily leave until a meeting is scheduled," Leach said. No word of any meeting as of today.

Rhode Island

Over the weekend, state law enforcement officials said they want to amend the medical marijuana law for "public safety" reasons. The attorney general's office and municipal police chiefs say some licensed cardholders are growing excess amounts of marijuana under a program with inadequate oversight and some caregivers and patients have become targets of home invasions. House Bill 7610, sponsored by Rep. Lisa Tomasso (D-Coventry), would reduce the number of plants patients could grow from 12 to three and add more oversight by the Department of Health. The bill had a hearing earlier this month in the House Judiciary Committee, but no vote was taken.

Vermont

Last Wednesday, the House passed a dispensary bill that includes a study of legalization. The House gave preliminary approval to a medical marijuana dispensaries bill, endorsing an amendment that calls for a study of potential tax revenue from legalizing and taxing pot. Senate Bill 247 has already passed the Senate, but has to go back for concurrence with changes made in the House.

On Wednesday, the Senate approved the bill. It will now be sent to Gov. Peter Shumlin, who has expressed support for the measure. Senate Bill 247, sponsored by Sen. Jeanette White (D-Windham), will eliminate the cap on the number of patients who are allowed to access medical marijuana dispensaries. The measure will also increase possession limits for dispensaries, allow them to deliver medical marijuana to patients, and permit naturopaths to certify patients for the program.

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

Chronicle AM -- April 30, 2014

There was marijuana talk on Capitol Hill yesterday, a Vermont dispensary bill passes the Senate, Georgia's governor signs a welfare drug testing bill, a California drugged driving bill dies, and -- oh, yeah, we spent $7.5 billion to reduce Afghan opium production and got squat. And more. Let's get to it:

The US spent $7.5 billion to reduce Afghan opium cultivation. Now Afghanistan produces more than ever. Go figger. (unodc.org)
Marijuana Policy

NIH Head Tells Congress Marijuana is a Gateway Drug. Dr. Nora Volkow, the director from the National Institutes of Health warned House lawmakers Tuesday against legalizing marijuana use, saying it could act as a gateway drug. Volkow told the House Energy and Commerce Committee's Oversight and Investigations subpanel studies show that changes to brain chemistry after alcohol, tobacco, or marijuana use can prime users for harder drugs. Despite Volkow's claims, the gateway theory is widely discredited.

Treasury Secretary Defends Marijuana Banking Guidelines.Treasury Secretary Jack Lew on Tuesday defended the Obama administration's guidelines to banks conducting transactions with legal marijuana sellers as congressional Republicans questioned whether the guidance amounts to tacit federal approval of a drug illegal in most states. Lew's comments came at hearing of the House Appropriations Committee subcommittee on financial services, where Chairman Rep. Hal Rogers (R-KY) accused the administration of providing a "rubber stamp" to drug dealers. Lew disagreed: "Without any guidance, there would be a proliferation of cash-only businesses, and that would make it impossible to see when there are actions going on that violate both federal and state law and that... would be a real concern," Lew said. "We thought that the clarity, bringing it into daylight, was a better solution." Congress should write a law to establish a policy, he added.

New York City Conference Today and Tomorrow Marks 70th Anniversary of LaGuardia Commission Report. A major one-and-a-half day conference at the New York Academy of Medicine (NYAM) to discuss marijuana and broader drug policy reform gets underway today. The conference commemorates the 70th anniversary of one of the nation's first systematic studies to address many of the myths about marijuana, The La Guardia Committee Report: The Marihuana Problem in the City of New York, published in 1944. The NYAM published report concluded that "the sociological, psychological, and medical ills commonly attributed to marihuana have been found to be exaggerated," but marijuana prohibition has stood largely intact for seventy years -- until now. Click on the link for more details.

Medical Marijuana

Vermont Senate Approves Medical Marijuana Dispensary Improvement Bill. The Vermont Senate gave final approval Wednesday to a bill that will expand access to medical marijuana for qualified patients. It will now be sent to Gov. Peter Shumlin, who has expressed support for the measure. Senate Bill 247, sponsored by Sen. Jeanette White (D-Windham), will eliminate the cap on the number of patients who are allowed to access medical marijuana dispensaries. Currently, only 1,000 total patients are able to access dispensaries. The measure will also increase possession limits for dispensaries, allow them to deliver medical marijuana to patients, and permit naturopaths to certify patients for the program. The bill was amended by the House to initiate two studies: one to explore the possibility of adding post-traumatic stress disorder (PTSD) as a qualifying condition for the state's medical marijuana program, and one to evaluate the potential impact of making marijuana legal for adults and regulating it similarly to alcohol.

Louisiana Medical Marijuana Bill Excites Law Enforcement Opposition. Law enforcement agencies from across the state spoke out against a proposed bill to legalize medical marijuana at the Louisiana Sheriffs' Association today. "As the current bill stands in Louisiana, this still does not correct the fact that it is illegal in the United States of America to possess or use marijuana," president of the Louisiana Sheriffs' Association Sheriff Tony Mancuso said. The bill, Senate Bill 541, proposed by Louisiana State Senator Fred Mills (D-St. Martin Parish), will be heard by the Committee on Health and Welfare today.

Virginia Congressman Introduces Federal Medical Marijuana Bill. Rep. Morgan Griffith (R-VA) has filed House Resolution 4498, the Legitimate Use of Medicinal Marijuana Act. This bill would prohibit the federal government from preventing the prescription, possession, transportation, and distribution of marijuana for medical purposes in compliance with applicable state law. The bill would also reclassify marijuana from a Schedule I drug to a Schedule II drug.

Drug Testing

Georgia Governor Signs Bill to Drug Test Some Welfare Recipients. Georgia Gov. Nathan Deal (R) signed legislation on Tuesday requiring some applicants for food stamps and welfare benefits to undergo a drug test. Under the measure, House Bill 772, testing could be required if authorities have a "reasonable suspicion" of drug use. A person failing the test would temporarily lose benefits, although their children could receive assistance through another adult. Debbie Seagraves, executive director of the American Civil Liberties Union of Georgia, called the legislation "shameful" and said it violated the constitutional protection against unreasonable searches.

Drugged Driving

California "Per Se" Drugged Driving Bill Dies in Committee. A bill that would have made the presence of tiny amounts of marijuana metabolites per se evidence of impaired driving was killed in the Assembly Public Safety Committee Tuesday. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Antioch), was opposed by California NORML, whose head, Dale Gieringer, called it "a solution in search of a problem."

Law Enforcement

Bogus Highway Drug Search Yields $100,000 Settlement for Star Trek Fan. A Star Trek fan returning home from a convention on I-70 Illinois when he was stopped and searched by a Collinsville, Illinois, police officer has settled a lawsuit against the department for $100,000. Terrance Huff, who is also a documentary filmmaker, sued over the stop. After the 7th US Circuit Court of Appeals refused to throw out the lawsuit, Collinsville settled. Click on the link for the whole juicy, sleazy story.

Colorado Bills That Would Have Removed Kids from Parents Suspected of Drug Use Die. The state Senate approved, but then rejected two bills that attempted to expand the definition of child abuse to include even attempts at drug use and/or possession. The bills were Senate Bill 177 and Senate Bill 178. They were opposed by a coalition of groups including the Drug Policy Alliance, the ACLU of Colorado, and National Advocates for Pregnant Women.

Prescription Opiates

FDA Defends Approval of Zohydro. FDA Commissioner Margaret A. Hamburg, MD, defended the agency's approval of the powerful opioid Zohydro ER (hydrocodone bitartrate) extended-release capsules, explaining that its highest dose is no more potent than the highest strengths of the opioid OxyContin ER (oxycodone) extended-release and extended-release morphine, in an FDA blog posted yesterday. Dr. Hamburg explained that with the drug approval, it is unlikely that opioid prescribing will change significantly or use by patients with pain. Zohydro ER is approved for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate. "Addressing the opioid crisis by focusing on a single opioid drug will simply not be effective," she stated. "Instead we must focus our collective attention and energy on the key drivers of the problem, which include excessive prescribing, illegal activity by a small number of providers, improper disposal of unused medications, and insufficient prescriber and patient education."

Sentencing

California Fair Sentencing Act to Eliminate the Disparities Between Crack and Powder Cocaine Sentencing Passes its First Committee. The California Fair Sentencing Act (Senate Bill 1010), authored by Senator Holly Mitchell (D-Los Angeles), passed its first hurdle in the Senate Committee on Public Safety by a 4-2 vote. The bill will correct the disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has resulted in a pattern of racial discrimination in sentencing and incarceration in California. SB 1010 now moves on to the Appropriations Committee.

Bill to Up Meth Trafficking Penalties Passes New York Senate. The state Senate Monday passed legislation, cosponsored by Senator David J. Valesky (D-Oneida), that would increase the penalties for manufacturing methamphetamine. The measure, Senate Bill 3639, increases sentences by moving various meth manufacture and distribution offenses up one notch on the state's felony crime sentencing scheme.

International

OAS Drug Commission Meeting Underway. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) yesterday inaugurated its 55th Regular Session where it discussed, among other issues, policies related to micro-trafficking and the agenda of the Special General Assembly the hemispheric institution will hold in September in Guatemala, which will be dedicated exclusively to the Global Drug Problem in the Americas. The agenda of the CICAD meeting also includes discussions on alternatives to incarceration for drug dependent offenders and others in conflict with the law for reasons related to drugs, and the challenges and impacts surrounding the regulation of cannabis, with special attention to initiatives of this type in some States of the United States, as well as Uruguay. The meeting takes place between today and Thursday, May 1 at OAS headquarters in Washington, DC, and is being chaired by Colombia. Click on the link for more details.

Singapore Bans New Synthetic Drugs Effective Tomorrow. Synthetic drugs that mimic the effects of controlled drugs like methamphetamine and heroin, will become illegal and attract the same penalties beginning May 1. While it is now legal to possess these drugs, the Central Narcotics Bureau (CNB) has the power to seize them to restrict their circulation. There are currently 11 types of compounds under the Fifth Schedule of the Misuse of Drugs Act, with over a hundred specific examples listed. Beginning in May, drugs listed under the Fifth Schedule will then be re-classified as Class A controlled drugs. This means that those convicted of abusing them may be jailed up to 10 years and fined up to S$20,000. Those found guilty of trafficking such substances will face a minimum of five years' jail and five strokes of the cane.

US Spent $7.5 Billion to Stop Afghan Opium, Got Squat, New Report Says. A new report from Washington's Afghanistan war watchdog has found that the US spent $7.5 billion in efforts to reduce Afghan opium cultivation, but that opium cultivation there is at an all-time high. The report is the latest quarterly report from the Special Inspector General for Afghanistan Reconstuction. Opium-poppy cultivation takes up 209,000 hectares (516,230 acres) of land in Afghanistan, a 36% increase since 2012. Afghanistan is by far the world's largest opium producer.

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