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Chronicle AM -- April 28, 2012

Medical marijuana continues to be contested terrain, a legalization bill gets a hearing in Boston, hemp is on the move in Hawaii and New York, New Zealand cracks down on its regulated synthetic drugs, and more. Let's get to it:

New Zealand is taking regulated synthetic drugs off the shelf until they can be proven "low risk." (wikipedia.org)
Marijuana Policy

Colorado Bill Would Seal Past Marijuana Convictions. Marijuana convictions that predate current Colorado law could be sealed under a bipartisan proposal being floated inside the Capitol -- a move that could potentially impact thousands of Coloradans. The proposal, sponsored by Sens. Jessie Ulibarri (D-Westminster) and Vicki Marble (R-Fort Collins), allows anyone convicted of a marijuana offense that would now be legal under Amendment 64 to have their records sealed. Also, a draft of the bill says that a person convicted of "any other marijuana offense" beyond the scope of Amendment 64 would also be allowed to file a petition with a district attorney to have their record sealed. If the district attorney does not object, the court would then be required to seal the conviction record.

Massachusetts Legislators Hear Legalization Bill. The Joint Committee on Judiciary held a well-attended and well-covered hearing on a marijuana legalization measure, House Bill 1632, Thursday. No vote was taken.

Medical Marijuana

Arkansas Medical Cannabis Act Initiative Goes 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.

Florida Sheriffs to Fight 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.

Iowa Federal Marijuana Patients in Danger of Losing Access After Their Doctor Leaves the State. 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.

Montana Medical Marijuana Supporters Protest at Businesses Owned By Sponsor of Proposed Anti-Marijuana Initiative. Supporters of medical marijuana protested outside two of the businesses co-owned by the sponsor of a proposed initiative that 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.

Pennsylvania Legislator and Parents of Sick Kids Plan Sit-In at Governor's Office. Sen. Daylin Leach (D-Montgomery County) and parents of sick children said Monday 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.

Rhode Island Cops Want to Amend Medical Marijuana Law for "Public Safety" Reasons. Law enforcement officials are pushing to amend Rhode Island's medical marijuana law to address what they say are public safety problems, but patient advocates say the changes would jeopardize access to medicine. 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.

Hemp

Hawaii Hemp Bill Passes Legislature. Last week, Hawaii legislators approved a bill that will focus on the study of hemp as a biofuel feedstock and phytoremediation resource. The bill, House Bill 1700, authorizes the dean of the College of Tropical Agriculture and Human Resources at the University of Hawaii-Manoa to establish a two-year industrial hemp remediation and biofuel crop research program. It does have quite a few strict stipulations to prevent undesired consequences.

New York Hemp Bill Introduced. Growing industrial hemp for research purposes would be legal in New York under a bill proposed last week by a pair of Southern Tier lawmakers. An amendment to the federal farm bill this year allowed for hemp research programs in states that allow industrial hemp growth. The New York bill, Senate Bill 7047 is sponsored by Assemblywoman Donna Lupardo (D-Endwel), and Sen. Tom O'Mara (R-Big Flats).

Drug Policy

Big Congressional Drug War Hearings This Week. This week, both chambers of Congress will hold major hearings on the drug war. On Tuesday, April 29, at 10:00am there will be joint subcommittee hearing entitled "Confronting Transnational Drug Smuggling: An Assessment of Regional Partnerships," held by the House Foreign Affairs Subcommittee on the Western Hemisphere and the Committee on Transportation and Infrastructure's Subcommittee on Coast Guard and Maritime Transportation. These Committees will hear from General John F. Kelly, USMC Commander of Southern Command, at the Department of Defense, and Luis E. Arreaga Deputy Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs, at the Department of State. On Wednesday, April 30, at 10:00am, the Senate Judiciary Committee will hold a hearing entitled, "Oversight of the Drug Enforcement Administration." The sole witness is the head of the Drug Enforcement Administration (DEA), Administrator Michele M. Leonhart. Click on the link for more details.

Drug Testing

Georgia Leaders Consider Expanding Drug Testing of Public Benefits Recipients. Gov. Nathan Deal (R) said Monday he was exploring a plan that would require drug tests those who apply for unemployment benefits, and would set aside funding for treatment programs if they fail. The move would require legislative approval in 2015 as well as signoff by the US Department of Labor. He also hinted he would sign House Bill 772, which would require drug testing for some food stamp recipients. He said he believes it strikes a "delicate balance" between helping the neediest and protecting taxpayer dollars, though he would not say definitively whether he would sign the measure into law. He has until Tuesday to decide.

International

New Zealand Backpedals on Regulating Synthetics; Will Pull Drugs Off Shelves Until Proven Safe. All synthetic drugs will be pulled off the shelves within two weeks until individual testing has proven each brand is "low-risk," the government has announced. Citing reports of severe adverse reactions and the government's inability to determine which of the regulated synthetics are causing them, Associate Health Minister Peter Dunne said he would introduce emergency legislation to remove the remaining 41 allowed synthetics from store shelves until they are tested. "I will bring to Parliament amending legislation to put this measure in place, to be introduced and passed through all stages under urgency on May 8 and come into force the day after receiving the Royal Assent," he said.

Israeli MP Admits Regularly Smoking Marijuana. Meretz lawmaker Tamar Zandberg said she occasionally smokes marijuana, which is illegal, in an interview Friday. Zandberg is one of the most outspoken proponents of legalizing cannabis in the Knesset, together with MK Moshe Feiglin (Likud Beytenu), who says he has never used the drug. "Like everyone else, I smoke sometimes. I'm not a criminal and I'm not a delinquent," she said.

Poppies Bloom in Egypt's Sinai. A sharp slump in tourism is rippling across the southern Sinai, where resorts catering to foreigners line the Red Sea coast, and as a result, Bedouins are turning to the opium poppy to make a living. The Christian Science Monitor has an in-depth report; just click on the link.

Mexican Vigilantes Must Turn in Weapons By May 10. Mexican authorities and leaders of the self-defense groups who have been battling the Caballeros Templarios (Knights Templar) drug cartel in the western state of Michoacan for more than a year have signed an agreement spelling out the timetable for the militias to disarm. The self-defense groups must begin surrendering their guns, which include AK-47 and AR-15 assault rifles, on Monday and completely disarm by May 10, officials said. The militia leaders inked the disarmament deal Friday in a meeting at the headquarters of the 43rd Military Zone in Apatzingan, Michoacan, the largest city in the crime-ridden Tierra Caliente region.

Brazil Marchers Demand Legalization. Brazilian police said about 2,000 people gathered in downtown Sao Paulo Saturday in a demonstration demanding the legalization of the production and sale of marijuana in Latin America's largest country. Several of the demonstrators were smoking marijuana cigarettes while carrying posters reading "Legalize Marijuana Now," and "Marijuana is Medicine." Police say the demonstration was peaceful. No arrests have been reported.

Chronicle AM -- April 25, 2014

An Oregon congressman fights to end federal marijuana prohibition, a DC congresswoman vows to fight for decrim in the District, a Brooklyn DA gets support for his stance on small-time pot charges, some Philly narcs escape justice, and more. Let's get to it:

DC Rep. Eleanor Holmes Norton will stick up for District decrim. (wikipedia.org)
Marijuana Policy

Oregon Congressman Launches Ad Campaign to End Federal Marijuana Prohibition. US Rep. Earl Blumenauer (D-OR) today began an advertising campaign to win support for ending federal marijuana prohibition. Blumenauer is a cosponsor of House Resolution 499, the Ending Federal Marijuana Prohibition Act of 2014. "Our marijuana laws don't work and cost the government billions," he said. "Federal drug law says that marijuana is more dangerous than meth or cocaine, and that is false."

DC Rep. Eleanor Holmes Norton Vows to Defend District Marijuana Reforms from Congressional Republicans. In an effort to stop what could be the first step to overturn the District of Columbia's local marijuana decriminalization legislation, Congresswoman Eleanor Holmes Norton (D-DC) has announced she will testify at a hearing of the House Oversight and Government Reform Committee's Subcommittee on Government Operations in May on the District's newly-passed decriminalization law. Norton said that she was surprised to learn of a hearing that will single out the District's locally passed law. "It is appropriate for Congress to examine how the Obama administration will enforce the federal prohibition on marijuana in jurisdictions that have legalized or decriminalized it, as the subcommittee has done in two hearings this Congress," Norton said. "It is also appropriate to examine whether the federal marijuana prohibition preempts such local laws, but no local officials were called to testify at those hearings. It is inappropriate to hold a hearing on the local marijuana laws of only one jurisdiction, the District of Columbia, when 18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana. There is nothing that distinguishes the District from these states except for Congress's illegitimate power to overturn the democratically enacted local laws of the District." Congress has 60 days to attempt to block the DC decriminalization law.

Brooklyn DA's Decision to Stop Prosecuting Small-Time Marijuana Cases Garners Support. Today, Brooklyn elected officials, community groups, and advocates rallied on the steps of Borough Hall to support District Attorney Ken Thompson's proposal to stop prosecuting people arrested for possessing small amounts of marijuana. A memo outlining DA Thompson's proposal, shared with the press, states that when the police make a low-level marijuana arrest and the defendant has no criminal record or a minimal criminal record, "there will be a presumption that such case will be immediately dismissed." Click on the link for more reaction to Thompson's move.

Child Psychiatry Group Opposes Legalization. The American Academy of Child and Adolescent Psychiatry (AACAP) has released a policy statement opposing efforts to legalize marijuana. Instead, "AACAP supports efforts to increase awareness of marijuana's harmful effects on adolescents and improve access to evidence-based treatment, rather than emphasis on criminal charges, for adolescents with cannabis use disorder. AACAP also urges careful monitoring of the effects of marijuana-related policy changes on child and adolescent mental health. Together, these efforts may help with the prevention of teen marijuana use during a critical period of ongoing brain maturation."

Medical Marijuana

Minnesota Medical Marijuana Bill Wins Senate Committee Vote. The long, strange saga of Minnesota medical marijuana continues. The Senate Committee on Health, Human Services and Housing today approved Senate File 1641, which would give patients with certain medical conditions access to a limited amount of marijuana. The measure now goes to the Senate Rules Committee.

Law Enforcement

Philadelphia's "Tainted Justice" Narcs Avoid Criminal Prosecution, Could Get Jobs Back. After years of investigation, federal and local prosecutors have decided not to file criminal charges against four Philadelphia narcotics officers accused of lying about evidence on search warrants and stealing from corner stores during raids. One of the officers was also accused of sexually assaulting three women. Sources familiar with the investigation said authorities cited weak witnesses and a lack of evidence as factors in their decision not to bring charges. The officers -- who were at the heart of a scandal that shook the department five years ago -- now face possible disciplinary action from the Police Department. But it is likely they will soon be placed back on the street and even awarded lost overtime pay. The officers were the subject of a 2009 series by the Philadelphia Daily News that won a Pulitzer Prize for investigative reporting. The series, "Tainted Justice," detailed dozens of narcotics cases in which officers were alleged to have stolen, lied, and mistreated suspects. Click on the link for the whole sleazy story.

Wisconsin Becomes First State to Require Outside Agency Involvement in Investigating Deaths in Police Custody. Gov. Scott Walker (R) has signed into law Assembly Bill 409, under which Wisconsin will become the first state in the nation to require outside investigation when people die in police custody. The new law is the result of years of activism on the part of family members and a Milwaukee-Journal Sentinel investigation into five years of in-custody deaths in Milwaukee. Despite circumstances of detainees' deaths, officers were typically quickly cleared of wrongdoing.

Connecticut Bill to Shrink "Drug Free Zones" Dies. Legislation to reduce the size of "drug free zones" around schools died quietly in the Education Committee on Thursday. Senate File 609 failed on an 11-17 vote with no discussion. The bill's failure is frustrating for proponents who have sought the legislation for years. The proposal has twice been endorsed by the state's nonpartisan Sentencing Commission. The bill made it as far as a floor debate in the House last year, but was shelved when support began to wane among Democrats.

International

Drug Decriminalization Coming to Malta? Maltese Justice Minister Owen Bonnici said Thursday that a proposed drug law reform his government is working on will be "significantly broader" than previous failed reform efforts and hinted broadly that it would include drug decriminalization. But details remain sketchy, so stay tuned.

"Hundreds, Perhaps Thousands" Could be Freed Under New Federal Clemency Rules

Attorney General Eric Holder announced Monday that the Justice Department will soon release new, more expansive criteria for recommending federal prisoner clemency applications for President Obama to review. That means Obama, who has so far freed a paltry 10 prisoners early in his first six years could free "hundred, perhaps thousands" in his final two, a senior administration official told Yahoo News Monday.

Most of those who will be eligible for clemency under the new criteria are doing time for drug offenses, a category that accounts for 50.1% of the federal prison population, or roughly 100,000 inmates. As the Justice Department noted in its press release, the move will be "an important step to reduce sentencing disparities for drug offenders in the federal prison system."

"The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness and proportionality for deserving individuals who do not pose a threat to public safety," Holder said in a video message posted on the department's website. "The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences."

Later this week, Deputy Attorney General James M. Cole is expected to announce more specific details about the expanded criteria the department will use and the logistical effort underway to ensure proper reviews of the anticipated wave of applications, the press release said.

President Obama has, midway through his second term, begun moving to use his clemency power. In December, he commuted the sentences of eight federal inmates convicted of nonviolent drug offenses involving crack cocaine. He said the eight men and women had been sentenced under an "unfair system," including the 100-to-1 sentencing disparity between crack and powder cocaine offenses that was reduced but not eliminated by the Fair Sentencing Act of 2010.

This latest move was foreshadowed by a January announcement that the administration was taking the unprecedented step of encouraging defense lawyers to suggest inmates whom the president might let out of prison early, as part of its effort to curtail severe penalties in low-level drug cases, and again last week, when White House counsel Kathryn Ruemmler said Obama has directed the Justice Department to improve its clemency recommendation process and recruit more applications from convicts.

Drug reform advocates greeted the announcement as a step in the right direction and as a signal to state governors -- most drug offenders are doing time on state, not federal, charges -- but also as a tail-end fix for a problem that needs front-end solutions.

"This would be a positive step toward righting the wrongs of our broken criminal justice system. I hope governors with the same power at the state level follow his lead and reunite more families," said Anthony Papa, media relations manager for the Drug Policy Alliance, who was granted clemency in New York State in 1997 after serving 12 years under the notorious Rockefeller Drug Laws.

"With half a million people still behind bars on nonviolent drug charges, clearly thousands are deserving of a second chance. Congress should act immediately to reduce the draconian federal mandatory minimum sentences that condemn thousands to decades behind bars for non-violent drug offenses," added Papa.

It could do that by passing the Smarter Sentencing Act (Senate Bill 1410), which has already made it out of the Senate Judiciary Committee. But in the meantime, liberating some of the thousands of people currently imprisoned with harsh drug sentences is a move that can't come soon enough.

Washington, DC
United States

Faith Leaders Issue Easter Statement on War on Drugs, Mass Incarceration [FEATURE]

A broad coalition of Christian leaders have taken the occasion of the holiest day on the Christian calendar to release an Easter statement calling for the end of the war on drugs and mass incarceration. They said they chose the Easter season to release their statement because of the spirit of the Resurrection, which Easter commemorates and celebrates.

The Rev. Edwin Sanders (cannabisculture.com)
The statement calls for repealing laws that criminalize drug possession and replacing them with policies that expand access to effective health approaches to drug use, including evidence-based drug treatment.

It also calls for the elimination of policies that result in racially disproportionate arrest and incarceration rates and that that unjustly exclude people with a record of arrest or conviction from key rights and opportunities.

The United States is the world leader in incarceration, accounting for 25% of the global prison population while only making up 5% of the planet's population. In state prisons, drug offenders typically make up 20-30% of all prisoners, although that proportion has begun declining as nearly half the states have undertaken sentencing reforms in recent years.

But while state prison population numbers have begun a slight decline, the federal prison population continues to increase, driven in large part by the war on drugs. As of this month, there were more than 216,000 federal prisoners, with just more than half (50.1%) doing time for drug crimes, according to the federal Bureau of Prisons.

"The cross that faith leaders are imploring others to take up is this unjust and immoral war on drugs and mass incarceration of the poor. In particular, poor black and brown young adults whose futures are being ruined at the most critical point in their lives," said Reverend John E. Jackson of the Samuel DeWitt Proctor Conference.

"We are guided by our religious principles to serve those in need and give voice to those who have been marginalized and stigmatized by unjust policies. We cannot sit silently while a misguided war is waged on entire communities, ostensibly under the guise of combating the very real harms of drug abuse. The war on drugs has become a costly, ineffective and unjust failure," says Reverend Edwin Sanders, who is a Board Member of the Drug Policy Alliance and the Senior Servant for the Metropolitan Interdenominational Church in Nashville, Tennessee.

More than 100,000 people are doing time for drug offenses in federal prisons (wikimedia/chris piner)
"We are called upon to follow Jesus's example in opposing the war on drugs, which has resulted in the United States becoming the world's biggest jailer," added Sanders.

"Resurrection reality commissions and commands us to change these policies, laws and systems that rob whole communities of their most precious resource, their young. These are the ones Jesus faced betrayal, denial and desertion for. These are the ones Jesus gave up everything for. These are the issues Jesus was raised from a 3 day grave to speak truth to power to through our voices, through our crying loud and sparing not and through our organized efforts," added Jackson.

The story of the prodigal son is appropriate to ponder, said Pastor Kenneth Glasgow, Founder and Executive Director of The Ordinary Peoples Society, in Dothan, Alabama, himself a former drug war prisoner.

"The story of the prodigal son says he went out and lived a riotous life, like somebody who committed a crime or was on drugs or got incarcerated," said Glasgow. "The father of the prodigal son embraced him with open arms, but as a society, we don't do that. We incarcerate instead of trying to treat or restore. His father gave him shoes on his feet and a coat of many colors. These are things we're not doing when it comes to mass incarceration and the war on drugs."

Pastor Kenneth Glasgow (theordinarypeoplesociety.org)
The struggle against the war on drugs is a fight for civil rights and democracy, said Glasgow.

"After they gave us civil rights, they came along with the drug war and took our voting rights back," he said, referring to the hundreds of thousands who have had voted rights restricted or denied after being convicted of drug offenses.

There are concrete steps to take, said several speakers.

"We want to repeal the laws that criminalize drug possession and replace them with effective approaches, and put an end to any policy that unjustly excludes people because they have a previous criminal conviction," said the Rev Michael McBride, Director of Urban Strategies, Lifelines to Healing, Berkeley, California.

"We are fighting a righteous fight and standing in solidarity in the Holy Week to call for an end to the war on drugs and mass incarceration," McBride added. "We are organizing hundreds of faith congregations across the country to build a faith and moral movement to address and redress these unjust policies. Holy Week reminds us that death does not have a final say, but that God is able to bring redemption for the worst things that happen in our lives. Mass incarceration is the civil rights issue of our generation, and the faith community is in the forefront."

"For those of us who follow Jesus, this is the time to receive his grace, but also to receive his calling," said Bill Mefford, director of Civil and Human Rights for the United Methodist Church, which has been at the forefront of the faith community's challenge to the drug war. "It is time to proclaim relief for the captives and freedom for the oppressed. Unfortunately, because we are the world's leader in incarceration, we don't have to look far," he noted.

Mefford is the chairman of an interfaith coalition working on Capitol Hill to reform the criminal justice system. It represents 35 faith organizations with millions of members.

"There are steps we can take to rescue ourselves from our own captivity," Medford continued. "We can pass the Smarter Sentencing Act as an incremental step toward justice reform that will address costly overcrowding at the Bureau of Prisons by cutting in half mandatory minimum sentences for low level drug offenses."

The Smarter Sentencing Act has passed out of the Senate Judiciary Committee and awaits a Senate floor vote. It has yet to move in the GOP-controlled House.

As Holy Week looms, it is indeed appropriate to ask that rhetorical question. When it comes to dealing with drug use and the drug trade, what would Jesus do?

New York City, NY
United States

Smarter Sentencing Act Picks Up More GOP Cosponsors

A sentencing reform measure pending in Congress has picked up more support from four more Republican members of the House this month. The Smarter Sentencing Act (House Resolution 3382/Senate Bill 1410) now has 26 cosponsors, including 10 Republicans. The Senate version of the bill was passed by the Senate Judiciary Committee in January.

The bill, which is supported by the administration, would direct federal judges to not sentence some drug offenders to mandatory minimum sentences, reduces mandatory minimum sentences for other drug offenders, and applies the more lenient crack cocaine sentencing scheme under the 2010 Fair Sentencing Act to crack offenders sentenced before it was passed.

It also calls on the US Sentencing Commission to amend its sentencing guidelines and policy statements for drug offenders to minimize federal prison overcrowding and reduce and prevent racial disparities in sentencing, but at the same time directs that "penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe."

The act is currently before the House Judiciary Committee. Bill sponsor Rep. Raul Labrador (R-ID) recently held a Republican Study Committee session on the bill, which resulted in four new GOP members signing on in one day.

The new cosponsors are Reps. Bill Huizenga (R-MI), Cynthia Lummis (R-WY), Mark Sanford (R-SC), and Chris Stewart (R-UT). For a complete list of sponsors, click here.

Washington, DC
United States

Chronicle AM -- April 9, 2014

Attorney General Holder was on the pot-seat in Congress yesterday, New Jersey's legalization bill looks to have an uphill battle with public opinion, there's a psychedelic conference in Massachusetts this weekend, Uruguay is going to give medical marijuana to prisoners, and more. Let's get to it:

Trip the light fantastic at a conference on psychedelics at UMass-Amherst this weekend. (wikimedia.org)
Marijuana Policy

Holder Defends Administration Response to Marijuana, But Refuses to Go Further. Facing critics from both sides of the debate, Attorney General Eric Holder yesterday defended the administration's rather laissez-faire approach to marijuana legalization at the state level, but declined to go further to please reform supporters by taking executive branch action to reschedule the herb. He was appearing before the House Judiciary Committee. Click on the link for more details and some of the repartee.

GOP Congressman Calls for Republicans to Nominate Presidential Candidate With States' Rights Position on Marijuana. Rep. Dana Rohrabacher (R-CA) said Tuesday that the Republican Party should field a presidential candidate who supports states' rights to legalize marijuana -- as part of a broader states' rights agenda that also includes scrapping the Department of Education. "I think we ought to look for a presidential candidate who will make that part of his message," he said. "Just transfer it all to the states. Now this government would have nothing to do with education, and how about, from now on, drug laws are considered criminal matters, which is what our Founding Fathers had in mind, and that is up to the states." Rohrabacher also claimed (rather fancifully, unfortunately) that "Reagan did not want to put people in jail. He did not want to militarize our county in order to stop people from smoking weed."

Poll Finds New Jersey Evenly Split on Legalization, Less Support for Actual Bill. A new Monmouth University/Asbury Park Press poll has support for legalizing small amounts of marijuana at 48%, with 47% opposed. But when asked specifically about supporting a pot legalization bill, Senate Bill 1896, recently introduced by Sen. Nick Scutari (D-Middlesex), only 36% were in favor, with 49% opposed. "Obviously, New Jerseyans are really split on the idea of legalizing marijuana and are unsure about the specifics of the Scutari proposal," said Patrick Murray, director of the polling institute.

Medical Marijuana

Supporters Rally as New Hampshire Senate Considers Home Cultivation. Supporters of cannabis for therapeutic use are rallying in Concord this morning behind a bill that would allow for a limited home cultivation of marijuana plants for qualifying patients. The bill, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Missouri House Committee Approves CBD Medical Marijuana Bill. A Missouri House committee has advanced legislation allowing the use of a cannabis extract by people whose epilepsy is not relieved by other treatments. House Bill 2238 passed the House General Laws Committee and is now set for a hearing in the House Rules Committee tomorrow.

Prescription Drugs

Prescription Drug Monitoring Bill Derailed in Oklahoma. A bill that would require doctors to check their patients' drug histories before writing narcotic prescriptions was derailed Tuesday by a House committee chairman, but sponsors expressed hope they could keep the issue alive. Rep. David Derby, chairman of the House Public Health Committee, would not let the bill be heard Tuesday during his panel's last scheduled meeting before a deadline for committee approval. He said he was concerned about several elements of the bill, including a provision that could allow the Bureau of Narcotics and Dangerous Drugs to fine physicians $2,000 for failing to check the online Prescription Monitoring Program. The measure is House Bill 3030.

Psychedelics

Psychedelic Conference This Weekend at UMass-Amherst. Psychedelic and research and policy experts will speak on issues relating to the role of psychedelics in culture, medicine and science at the Psymposium 2014: The Nature of Psychedelics conference. The conference will be held at the University of Massachusetts, Amherst on April 12 & 13 and is open to the public. Click on the link for all the details.

Law Enforcement

Another Lawsuit Filed Against Crooked Suburban Chicago Cops. Another lawsuit has been filed against the Chicago suburb of Schaumburg and three of its former undercover tactical narcotics officers, who have been accused of selling illegal drugs they seized from dealers. Xavier Neodina filed the suit Monday in federal court claiming police used falsified information to get a search warrant for his home, that he was then arrested and sexually assaulted while being held in the Cook County Jail, and the officers "intentionally schemed and worked together" to set him up. This is the fourth lawsuit filed against Schaumburg and its crooked cops. At least a dozen people convicted of drug offenses have been cleared of charges. One of the cops has been sentenced to 12 years in prison, while two others face trial later this month.

International

Uruguay to Provide Prisoners with Medical Marijuana. Prisoners in the jails of Uruguay will be able to use marijuana if a doctor says it will benefit their health. Uruguay's drug czar, Julio Calzada, told The Associated Press on Tuesday that any inmates with doctors' orders will be prescribed marijuana to improve their physical or mental health.

Chronicle AM -- April 4, 2014

Cops like to say they don't make the laws; they merely enforce them, but that wasn't exactly the case today in Louisiana, Oregon, and Washington, DC. Plus, decrim has a last hurrah in Maryland, an Alabama welfare drug testing bill passes, Vermont moves against the new pain reliever Zohydro, and more. Let's get to it:

Politicians worry about the dangers of Zohydro, but they have little to say about its benefits.
Marijuana Policy

Maryland Legislators Try to Revive Decriminalization Bill Today. An effort was underway in Annapolis Friday to revive a decriminalization bill just days after it was scuttled in committee. The effort to revive House Bill 879 is being led by members of the Legislative Black Caucus, who will try to amend the bill on the House floor. It was turned from a decriminalization bill to a study bill earlier this week in the House Criminal Justice Committee, chaired by reform foe Rep. Joe Vallario (D-Prince Georges).

Louisiana Marijuana Sentencing Reform Bill Derailed. Rep. Austin Badon (D-New Orleans) has pulled his measure to soften marijuana penalties from consideration in the House Criminal Justice Committee after testimony by the head of the Louisiana Sheriffs Association. Association executive director Michael Ranatza said sheriffs fear the bill, House Bill 14, could lead to decriminalization of marijuana. Louisiana has some of the harshest marijuana laws in the country.

Oregon State Police Withdraw from Anti-Marijuana Summit. The Oregon State Police have withdrawn from an anti-marijuana conference scheduled for later this month after the police superintendent learned the event is closed to the public. OSP was listed as a cosponsor of the summit, which includes sheriffs from Malheur and Yamhill counties, a Medford police official and law enforcement officials from Colorado, Washington and Arizona, as well as anti-drug reform groups such as Drug Watch International, Save Our Society from Drugs, and the Drug Free America Foundation.

Medical Marijuana

Ammiano Reintroduces California Medical Marijuana Regulation Bill. San Francisco Assemblyman Tom Ammiano (D) has reintroduced his medical marijuana regulation bill. The new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut Picks Locations for Six Dispensaries. Locations for Connecticut's six medical marijuana dispensaries have been selected, the state Consumer Protection Commissioner said Thursday. The facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville were authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

Drug Testing

Labor Department Says Texas Can't Make Drug Tests a Condition for Receiving Unemployment Benefits. The US Labor Department has ruled that Texas cannot enforce a law passed by the Legislature in 2013 which makes passing a drug test a requirement for some workers to get and keep unemployment compensation benefits. The law was watered down by the legislature to cover only people who are in professions where drug testing is a requirement, like truck driving and nursing. The feds say the law as it is written is too vague and it is unclear exactly what workers will qualify.

Alabama Legislature Approves Welfare Drug Testing Bill. The legislature has approved a bill that would require welfare applicants who have a drug conviction in the last five years to undergo drug testing before receiving benefits. People could keep their benefits after one positive drug test. After a second positive, the person would be ineligible for one year. The recipient would be permanently ineligible after a third positive drug test. Senate Bill 63 now goes to the desk of Gov. Robert Bentley (R).

Harm Reduction

FDA Approves Innovative New Device to Reverse Opiate Overdose. The Food and Drug Administration has approved Evzio, a handheld device containing naloxone, designed for lay people to use outside of hospital settings. When activated, the device will give verbal instructions about how to use Evzio to deliver the medication.

Prescription Opiates

Vermont Issues Emergency Rules to Restrict Access to Zohydro. Gov. Peter Shumlin (D) and state officials announced Thursday that Vermont is moving to restrict access to the new opiate pain reliever Zohydro, the first single-ingredient hydrocodone drug approved for patients in the US. New emergency rules require that prescribers of Zohydro conduct a thorough medical evaluation and risk assessment. This is only the latest move against Zohydro, which was approved by the FDA last fall -- Massachusetts Gov. Deval Patrick (D) banned it outright earlier this week and a handful of congressmen have called for the FDA to reverse its decision. But Zohydro's maker, Zogenix, said the drug is no more potent than other hydrocodone medications. The company also says it has set up a board of experts to guard against abuse of the drug and that its sales representatives are not being paid based on the volume of sales, but rather on their efforts to ensure prescribers, pharmacists and patients are educated to understand the risks and benefits of extended-release opioids Politicians have been quick to raise the alarm about possible increases in addiction and overdose deaths with Zohydro, but they haven't been nearly as quick to talk about its usefulness in addressing the needs of legitimate pain patients.

Sentencing

Who Wants to Kill Sentencing Reform? No Surprises Here. The Huffington Post reports that law enforcement groups including the National Sheriffs' Association, the International Association of Chiefs of Police, the National Narcotic Officers' Associations' Coalition, the National Association of Police Organizations and the Major County Sheriffs' Association are quietly trying to kill a bipartisan bill that would roll back tough mandatory sentences for people convicted of federal drug offenses under legislation passed during the height of America's drug war three decades ago. The bill is the Smarter Sentencing Act (Senate Bill 1410), which passed the Senate Judiciary Committee in January. Click the title link for the full story.

New Report Shows Failure of Connecticut's Sentencing Enhancement Drug Free Zones. A new report from the Prison Policy Initiative finds that Connecticut's 1,500-foot sentencing enhancement zones are so pervasive that they blanket almost all urban areas, creating an "urban penalty" that increases the sentence imposed for a given offense simply because it was committed in a city rather than in a town. The report recommends the sentencing enhancement zones be shrunk to 100 feet. This would allow the law to actually create the specially protected places as intended. Connecticut Senate Bill 259, which just passed out of the Judiciary Committee, takes a similar approach and would decrease that size to 200 feet. The report is Reaching too far: How Connecticut's large sentencing enhancement zones miss the mark." You can read it by clicking on the title link.

Pew Poll Reveals Seismic Shift in Drug Policy Attitudes [FEATURE]

A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.

rethinking...
Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.

Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.

"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.

More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.

"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."

http://www.stopthedrugwar.org/files/pew-mandatory-minimums-poll.jpg
The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.

And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.

Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).

At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.

And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.

Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.

"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."

"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.

While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.

"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."

Chronicle AM -- April 2, 2014

A new Pew Research poll has some surprising and heartening results, Madison (WI) says legalize it, Wisconsin passes a CBD medical marijuana bill, misbehaving cops get noticed, the Russians are griping about the Aghan poppy crop again, and more. Let's get to it:

Aghanistan opium poppy field (unodc.org)
Marijuana Policy

Dane County (Madison), Wisconsin, Voters Say Legalize It. Voters in Dane County approved a non-binding advisory referendum calling on legislators to legalize marijuana in the land of the Cheese Heads. The referendum passed with 64.5% of the vote.

Medical Marijuana

Missouri Senate Panel Holds Hearing on Medical Marijuana Bill. The Senate General Laws Committee heard testimony on a medical marijuana bill Tuesday, but took no action. The measure, Senate Bill 951, is not expected to pass this session.

Wisconsin CBD Medical Marijuana Bill Passes Legislature. The Wisconsin legislature has approved a CBD medical marijuana bill. Assembly Bill 726 passed the Senate Tuesday, the last day of the legislative session. It had already passed the Assembly.

Drug Policy

Pew Poll Finds Tectonic Shift Underway on Drug Policy. A new Pew Research Center poll finds that the public is ready for a truce in America's long-running drug war. Two-thirds favored treatment over jail for heroin and cocaine users and strong majorities said that alcohol was more harmful than marijuana. Click on the link for full poll results, or read our feature story on it in this issue.

Prescription Drugs

US Senator Calls on DEA to Implement Prescription Drug Take Back Program. Sen. Amy Klobuchar (D-MN) took to the Senate floor Tuesday to press the DEA to implement a 2010 law based on bipartisan legislation she sponsored. The law expands drug take back programs. "Prescription drug abuse has reached crisis levels and is leading to a spike in heroin abuse as well, and we should spare no effort to reverse this deadly trend," Klobuchar said. "My drug take back law will help keep drugs out of the wrong hands and prevent prescription drug abuse as well as heroin abuse. The Administration needs to implement this common sense law so that we can give families new tools to help fight this devastating epidemic." No word yet on any DEA response.

Law Enforcement

Minnesota Occupy Activists Given Drugs By Cops Can Sue, Judge Rules. In a bizarre story out of Minneapolis, a federal judge has ruled that Occupy activists plied with marijuana by Minnesota police doing a drug identification training exercise during the protests can sue. Law enforcement agencies that employed the officers involved had filed a motion to throw out the case, but US District Court Judge John Tunheim rejected the motion, noting that "in light of the clear prohibition on providing illicit drugs to citizens," the agencies "are not entitled to the protection of qualified immunity." Click on the link for all the weird details.

Lawsuit Charges Corruption, Harassment Among Alabama Narcs. A former Walker County deputy who worked for the department's Narcotics Enforcement Team before he was fired has filed a lawsuit against the county and the sheriff charging he was fired for cooperating in an FBI investigation of his boss, who killed himself after stealing drug money to pay personal bills and support his mistress. Click on the link for all the sordid details.

International

Russian Drug Czar Charges NATO Doesn't Care About Afghan Drug Production. NATO's decision to phase out cooperation with Russia in training anti-drug officers for Afghanistan reveals the alliance's unwillingness to really combat drug production in this country, Viktor Ivanov, the chief of the Russian Federal Drug Control Service, told Interfax on Wednesday. "This is not surprising. What could you have expected from NATO?" Ivanov said. "NATO has long been pursuing a policy aimed at the presence of its military component in Afghanistan. Now they are pulling out of this country, leaving massive drug production there," Ivanov said. Afghanistan accounts for nearly 90% of the world's illicit opium production, according to the UN.

Chronicle AM -- April 1, 2014

No April Fools' stories here -- the mayor of Washington really did sign a decriminalization bill, the Kentucky legislature really did pass a CBD medical marijuana bill, the US government really won't help Honduras shoot down drug planes, and more. Let's get to it:

Marijuana Policy

DC Mayor Signs Decriminalization Bill. District of Columbia Mayor Vincent Gray signed the marijuana decriminalization bill already passed by the city council Monday. It's still not quite a done deal, though; it must still get past the Congress, which has 60 days to stop it. We will have a feature story on the signing later today.

California Cannabis Hemp Initiative is Back and Seeking Signatures Again. The California Cannabis Hemp Initiative, which failed to meet a signature-gathering deadline earlier this year, has been re-filed and is again seeking to come up with enough signatures to qualify for the November ballot. The followers of legendary activist Jack Herer have tried each election cycle for years to qualify, but have never managed to do it. They need slightly more than half a million signatures by August.

Medical Marijuana

The Eighth National Clinical Conference on Cannabis Therapeutics to be Held May 8-10; Registration Now in Progress. The medical marijuana organization Patients Out of Time and the University of California-San Francisco School of Medicine are sponsoring the conference on the state of the art (and science) on medical marijuana in Portland, Oregon. Click on the link for all the details.

Arizona State Senator Blocks Funding for Long-Sought Medical Marijuana Research. Supporters of medical marijuana research are trying to put state Sen. Kimberly Yee in the hot seat because the Senate Education Committee chairwoman is blocking a bill that would allow monies collected under the state's medical marijuana program to be used to help fund an approved trial of medical marijuana for treating PTSD in veterans. The bill is House Bill 2333, which has already passed the House. A demonstration is set for tomorrow in Phoenix. Click on the title link for more details.

Kentucky Legislature Passes CBD Medical Marijuana Bill. The state Senate Monday gave final approval to a bill that would allow research hospitals to prescribe CBD cannabis oil to children with seizures. Senate Bill 124 now goes to the desk of Gov. Steve Beshear (D).

Medical Marijuana Dropped from New York State Budget. On Saturday, Governor Cuomo, Speaker Sheldon Silver, and Senate Co-Presidents Dean Skelos and Jeffrey Klein announced that they had reached a budget agreement, but the deal excluded a medical marijuana bill, the Compassionate Care Act. The Assembly had included the proposal as part of their one-house budget bill, but the Senate and governor refused to include the bill in the final budget. The Compassionate Care Act has passed the Assembly four times, has bipartisan support in the Senate, and is supported by a super-majority of New York voters. But Senate leaders have refused to let the bill come up for a vote.

Oregon Health Authority Rethinks, Revises Rules to Allow Edibles, But. The Oregon Health Authority on Monday issued revised rules for marijuana-infused products, allowing the sale of baked goods and other sweets but banning marijuana-laced sweets "attractive to minors." The authority had recently issued draft rules banning edibles, but backed off in the face of strong opposition.

Puerto Rico Senate Debating Medical Marijuana. The Puerto Rican Senate is currently discussing the legalization of marjhuana for medical use and its cultivation. Advocates of the move argue legalization will dramatically cut crime and legal costs on the Caribbean Island. Click on the link for more details.

Prescription Drugs

Congressman Wants to Ban Zohydro. Massachusetts Democratic Rep. Stephen Lynch has filed a bill that would ban Zohydro, the powerful opioid pain reliever recently approved by the Food and Drug Administration. The bill is House Resolution 4241. Similar legislation has been filed in the Senate by Sen. Joe Manchin (D-VA).

Law Enforcement

Portland, Oregon, Commissioner Wants to Slash Dope Squad Funding. Portland Commissioner Steve Novick is working to convince his colleagues to cut half of the money budgeted for Portland Police Bureau's Drugs and Vice Division, arguing that other city services demand higher priority -- such as disaster preparedness and pedestrian safety. He argues that the division is engaged in a "failed 40-year effort to interrupt the supply of drugs." He makes his case before the commission today.

International

US Won't Help Honduras Shoot Down Suspected Drug Planes. The US will no longer provide radar information that could help the Honduran government shoot down suspected drug planes, US embassy officials in Tegucigalpa confirmed Monday. Honduras passed a law in January that allows military force against suspected drug planes if approved by the Honduran defense secretary.

Britain to Set Drugged Driving Per Se Standards. The British government is about to set drugged driving standards for a number of substances, some legal and some not. These are not "zero tolerance" standards, but will allow drivers to have small amounts of the substances in their blood without triggering drugged driving charges. Click on the link to see the limits for various substances.

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