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Chronicle AM: NYC Council Head Says Legalize, UT Drug Defelonization Move, Burma Opium, More (11/14/14)

New York's city council speaker says legalize it, there are medical marijuana moves in Connecticut and Maryland, a Utah commission suggests defelonizing drug possession, a Peruvian petition seeks to end arrests for drug use, which is not a crime in Peru, and more. Let's get to it:

image from the Peruvian petition drive campaign to stop illegal drug use arrests
Marijuana Policy

New York City Council Speaker Says Legalize It. Melissa Mark-Viverito, speaker of the New York City Council, has come out for marijuana legalization. "It's not something we can just do randomly, but with a thought process, and looking how it's being implemented in other areas. But I do support the legalization of marijuana," she said in response to a reporter's question. "States are speaking. Based on the conversations that we see happening nationally, and how people feel about it, I think that it's just something that is appropriate at this time." At least four other council members, including Rafael Espinal, Stephen Levin, Mark Levine, and Jumaane Williams, have also pronounced in favor of freeing the weed.

Medical Marijuana

San Diego Moves Ahead on Shutting Down Unpermitted Dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.

Maryland Commission Approves Medical Marijuana Regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.

South Carolina Senator Will Introduce Medical Marijuana Bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.

Connecticut to Consider Adding New Qualifying Conditions for Medical Marijuana. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.

Asset Forfeiture

The Orange County Register Calls for Federal Asset Forfeiture Reform. In a Thursday editorial, The Orange County Register wrote that one way a divided Congress could show some bipartisanship is by passing asset forfeiture reform legislation. "Civil asset forfeiture hasn't made many headlines until this year. But its very obscurity has bred a degree of corruption that badly undermines the integrity of law enforcement -- from local police all the way to the FBI," the newspaper noted, calling the process "rife with abuse." The suburban Los Angeles daily, California's 5th largest circulation newspaper, also said asset forfeiture too often resembled "literal highway robbery -- committed by the very people charged to serve and protect." The Civil Asset Forfeiture Reform Act (HR 5212) is pending in the Congress.

Harm Reduction

Report on the 10th National Harm Reduction Coalition Conference. The Harm Reduction Coalition's 10th national conference took place late last month in Baltimore. Click on the title link to get a lengthy and informative report on it from the North Carolina Harm Reduction Coalition's Tessie Castillo.

Sentencing

Utah Crime Commission Calls for Defelonzing Drug Possession. In a report released Thursday, the Criminal and Juvenile Justice Commission rolled out a package of recommendations for controlling prison population growth, including making first-time drug possession a misdemeanor instead of a felony. All of the report's recommendations were approved unanimously by the commission. Now, it will be up to the legislature to enact them.

International

Another Year of Rising Opium Production in Burma. The Irawaddy Journal and Magazine has a lengthy report on this year's opium crop in the Shan state. Production is up for the sixth year in a row, and Burma now accounts for 18% of global opium production, according to the UN Office on Drugs and Crime (UNODC). "We could not grow any other plants here to make a living, except poppy. If they [the government] ban it, we will have no other jobs," said a 50-year-old villager. A good read; check it out.

Petition Urging Peruvian Government to Stop Arresting People for Drug Use, Which is Not a Crime. Drug use is not a crime under Peruvian law, but more than half of all drug trafficking charges are for drug use -- not drug trafficking. Activists in Peru have been working to get police to actually obey the law and not arrest drug users, but so far to no avail. Now, there is a petition directed at Interior Minister Daniel Urresti and the National Police, urging them to abide by the law. Click on the link to sign it. They are seeking 25,000 signatures, but only have 526 so far. Okay, make that 527 now.

Saudi Arabia Executes Another Drug Offender, 22nd This Year. A Pakistani man convicted of smuggling heroin into the kingdom in his intestines was beheaded in Kharj Thursday. Niaz Mohammed Ghulam Mohammed was the seventh person beheading for drug trafficking this month, and the 22nd of the year. Drug offenders account for about 40% of all Saudi executions so far this year.

Chronicle AM: Afghan Opium Funds Elections, Big WA Pot Auction, NV Signatures Handed In, More (11/13/14)

More poppies are growing than ever in Afghanistan, and they helped fund the recent presidential election; the UNODC head tsk-tsks at US legalization votes, Nevada petitioners hand in 2X the signatures needed, federal bills get more sponsors, and more. Let's get to it:

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

UN Anti-Drug Chief Says Legalization in US States Violate Drug Treaties. Yuri Fedotov, head of the UN Office on Drugs and Crime (UNODC), said Wednesday that American states that have legalized marijuana are not in line with international drug conventions. "I don't see how (the new laws) can be compatible with existing conventions," he told reporters. Fedotov is coming to Washington next week to discuss the issue with the US State Department and other UN agencies.

US Representatives from Marijuana States Urge Colleagues Not to Interfere. Members of Congress from states that have legalized marijuana held a press conference in Washington, DC, today to urge Congress not to try to interfere with state-level legalization. Democrats from Colorado (Jared Polis), Oregon (Earl Blumenauer), and the District of Columbia (Eleanor Holmes Norton) were joined by Republican California Congressmen Dana Rohrabacher. With some congressional Republicans grumbling, DC would appear to be at some risk of interference, since Congress controls the purse strings.

Nevada Legalization Petitioners Turn in Twice the Number of Signatures Needed. It looks like Nevada is going to vote on legalization in 2016 (if the legislature doesn't act first). The Coalition to Regulate Marijuana Like Alcohol in Nevada Wednesday turned in 200,000 signatures for its proposed 2016 legalization initiative. It only needs 101,667 valid voter signatures to qualify for the ballot. Once the signatures are validated, the measure will head for the 2016 ballot unless the legislature decides to just pass it itself next year.

Oregon Liquor Control Commission Has Updated FAQs for Recreational Marijuana. In response to public queries, the commission has updated its recreational marijuana FAQs page. Click on the link to see the updates. Here is the full FAQs page.

RAND Briefs Vermont Lawmakers on Legalization Issues; Public Hearing, Too. The RAND Corporation's Drug Policy Research Center, which has been contracted by the state to prepare an in-depth report on the potential financial and social impact of legalization, briefed lawmakers Wednesday with the report's outlines. Center co-director Beau Kilmer told the lawmakers the report will cover the state's marijuana "landscape," analyze health and safety issues, review alternate approaches to taxation and regulation, and provide financial projections. Kilmer identified nine questions lawmakers should be asking themselves; click on the link to see them. The briefing was followed by a public hearing that took place on closed circuit television on towns around the state. The RAND report is due in January.

Virginia Decriminalization Bill Filed. State Sen. Adam Ebbin (D-Arlington) has filed a bill that would decriminalize the possession of less than an ounce of marijuana. The bill will be considered in the new session beginning in January. It is SB 686.

Washington Pot Farmer to Auction Off A Ton of Weed. Well, this should help with those reported shortages plaguing the Washington state legal marijuana market. Fireweed Farm, a licensed marijuana producer in Prosser, has announced that its crop is in and processed, and it will be selling its one-ton harvest to the highest bidder (heh) on Saturday.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Sponsors. The bill would remove low-THC, high-CBD cannabis oils from Schedule I of the Controlled Substances Act. It's newest sponsors are Reps. Mike Honda (D-CA), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Alan Nunnelee (R-MS), Richard Hanna (R-NY), and Allen Lowenthal (D-CA). The bill was introduced by Rep. Scott Perry (R-PA) and now has 32 cosponsors -- 18 Democrats and 14 Republicans. It has been assigned to subcommittees of the House Judiciary and House Energy and Commerce Committees.

Georgia Low-THC, High-CBD Medical Marijuana Bill to Be Debated in January. Lawmakers who tried and failed to get a low-THC, high-CBD medical marijuana passed this year will be back at it in the coming session. The bill sponsor, Rep. Allen Peake (R-Macon), said he will introduce an improved bill to be debated in January. He said he hopes to file it next month.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Sponsors. The bill, HR 5212, is sponsored by Rep. Tim Wahlberg (R-MI) and would tighten requirements for asset forfeiture. The latest cosponsors are Reps. Sam Farr (D-CA), James Moran (D-VA), Steve Stockman (R-TX), Henry Johnson (D-GA), Tom McClintock (R-CA), and Kerry Bentivolio (R-MI). The bill now has 19 cosponsors -- 15 Republicans and four Democrats. It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Pardons and Clemency

Arkansas Governor Pardons Son for Marijuana Conviction. Gov. Mike Beebe (R) has issued a pardon for his son, Kyle Beebe, who was convicted in 2003 of marijuana possession with intent to deliver. It is one of 25 pardons he is issuing before leaving office in January. Beebe has issued more than 700 pardons during his time in office, including a number of other first time drug offenders.

Sentencing

Federal Second Chance Reauthorization Act Picks Up New Sponsors. Introduced by Rep. James Sensenbrenner (R-WI), the bill would expand grant programs aimed at helping people upon their release from prison. The House version, HR 3465, has now picked up Reps. Peter DeFazio (D-OR), Zoe Lofgren (D-CA), and Suzan DelBene (D-WA), while the Senate version, S 1690, is now cosponsored by Sen. Benjamin Cardin (D-MD). The House version now house 44 cosponsors (36 Democrats and eight Republicans), while the Senate version, introduced by Sen. Pat Leahy (D-VT), now has 22 cosponsors (17 Democrats, four Republicans, one independent).

Drug Testing

Key West Settles With Job Applicant Who Refused Drug Test. The city of Key West, Florida, will pay $75,000 to a former resident who refused to take a pre-employment drug test after applying for a position with the city and was then eliminated from consideration. The city will also pay $60,000 to the ACLU of Florida, which represented Karen Cabanas Voss. She had sued, arguing that the city's drug testing policy was unconstitutional, and a federal district court judge found in her favor.

International

Opium Helped Fund Afghan Elections, UNODC Says. The amount of land planted with opium poppies this year is at record levels, UN officials said Wednesday, and they said this year's presidential election campaign was part of the reason. "With the presidential election ongoing, there was a huge demand of funding," said Jean-Luc Lemahieu, a senior official with the UN Office on Drugs and Crime (UNODC). "And that funding is not available in the licit economy, and that money has to come from somewhere, so they turned to the illicit economy." In its annual opium survey, UNODC found that the area under cultivation had increased 7%, while eradication decreased by 63% between last year and this year.

Chronicle AM: No More Portland Pot Cases, Senior Drug Testing Racket, Vets' MedMj Problems, More (11/11/14)

The fallout from last week's legalization votes begins, California veterans are reporting medical marijuana problems with the VA, doctors are billing Medicare for largely needless senior drug testing, and more. Let's get to it:

Sante Cannabis, Montreal's first doctor-on-site medical marijuana clinic, opened today.
Marijuana Policy

No More Pot Prosecutions in Portland. That didn't take long. Less than a week after Oregon voters approved the Measure 91 legalization initiative, prosecutors in Multnomah County (Portland) announced Monday that they will dismiss all pending violation-level marijuana possession cases and won't bother to prosecute any future ones. "Because it is clear that a significant majority of voters in Multnomah County support the legalization of marijuana in certain amounts, this office will dismiss the pending charges related to conduct which will otherwise become legal July 1, 2015," said a statement from Multnomah County DA Rode Underhill. "Any remaining charges not impacted by Ballot Measure 91 will be prosecuted." Prosecutors in other Oregon counties are still figuring out how to respond.

Alaska Legislator Getting to Work on Legal Marijuana Draft Regulations. That didn't take long, either. Less than a week after Alaska voters approved the Measure 2 legalization initiative, Rep. Bob Lynn (R-Anchorage) said Monday he plans to file legislation in January that would restrict pot shops within a certain distance of schools and public parks, limit advertising, and bar people with felonies from working in the industry. Lynn said he expects his proposals to attract plenty of discussion among lawmakers.

Opposition Coalition Forms in Vermont. A coalition to oppose marijuana legalization in the Green Mountain State has announced itself. SMART VT calls itself a "grassroots coalition" of "concerned Vermonters" and is now calling on Gov. Peter Shumlin (D) to not take up legalization this legislative session. Too late, though: A public hearing on legalization is set for Wednesday. Click the last link for hearing details.

Medical Marijuana

US Veterans Denied Pain Medications Over Medical Marijuana Use. California NORML is reporting that it is being contacted by veterans who are being told by their VA doctors that they must choose between their prescription pain medications and medical marijuana. The group reports "a spate of complaints" from Long Beach and Loma Linda after scheduling changes for some prescription drugs recently took effect. Those changes entail stricter reporting requirements for doctors, and that, among other factors, seems to have spurred the tightening up. Click on the title link for more details and a plan for action from CANORML and Veterans for Medical Cannabis Access. Happy Veterans Day!

Drug Testing

Pain Docs Getting Rich Doing Useless Drug Tests on Seniors, Taxpayers Pick Up the Tab. In an expensive side-effect of the "war" on pain pill addiction, pain specialists are now ordering costly testing of seniors for recreational drug use, and Medicare is stuck footing the bill. The doctors are also responding to a Medicare crackdown on abusive billing for simple urine drug screens by moving to high-tech testing methods for which billing is not limited. Now, doctors are testing for a number of different drugs -- including illegal ones rarely used by seniors, such as cocaine, ecstasy, and PCP -- and raking in the tax dollars. Medicare spending on drug testing has increased an incredible 1,423% since 2007 to $445 million in 2012. That included $14 million for testing seniors for PCP, for which one lab director with 25 years in the business told The Wall Street Journal she had never seen a positive test result in people over 65. The comprehensive article is worth the read; click on the link to get it.

International

Montreal Gets First Medical Marijuana Clinic. Montreal's first medical marijuana clinic is opening today. Sante Cannabis does not sell medical marijuana, but its doctors and staff guide patients on how to use marijuana, proper strains to use, and determine whether to smoke, vape, or use edibles. The city has had dispensaries or "compassion centers" for years, but Sante Cannabis is the first medical marijuana business to have doctors on staff.

British Lib Dem Leader, Former Colombian President Team Up to Fight for Drug Reform. Liberal Democratic party leader and British Deputy Prime Minister Nick Clegg and former Colombian President Juan Manuel Santos have agreed to work together to help forge an alliance between European and Latin American countries aiming to reform global drug prohibition. They are taking aim at the UN General Assembly Special Session on Drugs set for 2016.

Medical Marijuana Update

A bad court ruling in Arizona, a good court ruling in Michigan, trouble for Florida's Measure 2, actions against dispensaries in California, and more. Let's get to it:

Arizona

Last Thursday, a state appeals court held that medical marijuana users can be charged with DUI even if they're not actually impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

California

Last Wednesday, four San Diego dispensaries were shut down by court order. San Diego authorities won court orders earlier in the week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

Last Thursday,the DEA raided two Los Angeles dispensaries. DEA agents raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

On Tuesday, Humboldt County supervisors approved a more restrictive cultivation ordinance. Saying they were trying to reduce neighborhood nuisances caused by excessive cultivation, supervisors voted unanimously to limit outdoor grows to 100 square feet on plots under five acres and 200 square feet on plots larger than that.

Also on Tuesday, Sonoma County supervisors directed planning officials to review the county's cultivation ordinance. Currently, people can grow up to 30 plants or up to 100 square feet. Supervisor Shirley Zane tried two years to tighten the rules, but had to back down in the face of loud opposition. Now, she wants to try again.

Florida

On Monday, another poll suggested that Measure 2 is in danger. A Gravis Marketing poll has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Also on Monday, news came that Republican money man Sheldon Adelson had put up another $1 million to defeat Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of that. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

Michigan

Last Friday, the state court of appeals held that medical marijuana users are entitled to unemployment compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania

On Monday, a state senator urged DAs to not prosecute medical marijuana cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Washington

Last Thursday,Seattle warned dispensaries they will need state licenses. The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

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

Chronicle AM: Philly Decrim in Effect, Facebook Chides DEA, Mexico Mayhem, More (10/20/14)

New pot polls in New Hampshire and North Dakota, Philly decrim goes into effect, NYC marijuana arrests continue, Nevada senator wants heroin clinics, Massachusetts' chief justice slams mandatory minimums, Facebook sends a stern letter to DEA, mayhem continues in Mexico, and more. Let's get to it:

Cartel's deadly warning: Hacked tweet from account of murdered Mexican citizen journalist.
Marijuana Policy

Arkansas Attorney General Rejects Legalization Initiative Wording. It's back to the drawing board for Mary Berry and her legalization initiative. Attorney General Dustin McDaniel has rejected the wording of the initiative, citing "ambiguities" in the text and telling her to "redesign" it. McDaniel has already approved the wording for two other initiatives, one for medical marijuana and one that would make it legal to grow and possess marijuana.

New Hampshire Poll Has Healthy Majority for Legalization. A new WMUR Granite State poll has 59% of respondents favoring marijuana legalization, with 35% opposed. Support for legalization is up eight percent over last year. Only 27% favored maintaining the pot prohibition status quo. New Hampshire is one of the states activists are eyeing for a legalization push in the next year or two.

North Dakota Poll Has Only 24% Supporting Legalization. In what must be one of most anti-marijuana poll results in recent years, a University of North Dakota College of Business and Public Administration poll found that more than two-thirds (68%) of respondents opposed marijuana legalization, with only 24% in favor. Even medical marijuana, which typically polls in the 70s or 80s with a generic question, garnered only 47% support. At least that's more than the 41% who opposed it. Click on the link for more poll details.

Dallas March for Legalization and Medical Marijuana. An estimated 5,000 people showed up in Dallas Saturday to rally for medical marijuana and marijuana legalization. The Dallas Marijuana March was sponsored by Dallas-Ft. Worth NORML.

New York City Marijuana Arrests Continue. In a report released today, the Marijuana Arrest Research Project finds that, despite campaign promises from Mayor Bill de Blasio, marijuana possession arrests are on track to equal or even surpass the number of arrests made under his predecessor, Michael Bloomberg. Despite a new mayor and new police commissioner, the NYPD continues its practice of making penny-ante pot arrests, especially of non-white people. Some 86% of those busted under de Blasio were black or Latino. New York State decriminalized personal possession of small amounts of marijuana in 1977, yet over the last twenty years, marijuana possession has become a top law enforcement priority, with nearly 600,000 people having been arrested under this provision in New York City alone, often as the result of an illegal search or as the result of a stop-and-frisk encounter when police demand an individual "empty their pockets," thus exposing marijuana to public view.

Marijuana Decriminalization Now in Effect in Philadelphia. As of today, getting caught with a little pot in Philadelphia will face no more than a $25 fine ($100 if caught smoking it) and, possibly, up to nine hours of community service. The city council approved the measure in June, and Mayor Michael Nutter (D) signed the bill into law October 1.

Wichita Advocates Try Again With New Decriminalization Initiative. Hoping that the second time is the charm, Kansas for Change is plotting a new municipal decriminalization initiative. An effort earlier this year came up short after more than half the signatures turned in turned out to be invalid. They will need to gather 3,000 valid signatures by February 19 to make the deadline for the April 2015 ballot.

NORML PAC Endorses Cory Booker in New Jersey US Senate Race. NORML is standing by Sen. Cory Booker (D) in his bid for reelection in New Jersey. The advocacy group's political action committee has again endorsed Booker, as it did during his 2013 election campaign. "Senator Booker kept the promises he made to champion crucial criminal justice and marijuana reform issues in his first term," said NORML PAC manager Erik Altieri. "If reelected for a full six year term this fall, he will be a strong crusader for rolling back our failed war on cannabis at the federal level. We encourage New Jersey voters to support him in his campaign."

Medical Marijuana

Guam Judge Dismisses Lawsuit; Medical Marijuana Vote to Go Ahead. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Asset Forfeiture

Arizona Tribal Police Seize Student's Car Over Single Joint. An Arizona State University student is going public with her complaint that the Salt River Pima-Maricopa tribal police seized her vehicle over a single marijuana cigarette. The student, identified only as Kayla, said she was pulling over for a traffic infraction, admitted to having a joint, and was then arrested for possession and DUI and her car seized. The Indian tribe's laws allow for forfeiture even for minor marijuana possession. Kayla got her car back 4 ½ months later, but only because it was registered to someone else. The tribe remains unrepentant.

Heroin

Nevada State Senator Calls for Prescription Heroin Clinics. State Sen. Tick Segerblom (D-Las Vegas) is calling for the creation of heroin clinics, where addicts could get prescribed doses of the drugs, as a means of dealing with addiction and issues associated with it. He said he will introduce a bill to that effect in the 2015 legislative session. The clinics would also provide counseling and therapy. "The goal is to get people off the street, out of the criminal element, address their addiction and then hopefully figure out a way to get them off of the drug," Segerblom said.

Sentencing

Massachusetts Supreme Judicial Court Chief Justice Calls for end to Mandatory Minimums. New chief justice of the Supreme Judicial Court Ralph Gants has called for the repeal of mandatory minimum sentences in his first public address since assuming the office. Gants, a former federal prosecutor, noted the "disparate impact" of such sentences on racial and ethnic minorities and challenged drug war orthodoxy. "How well is the status quo working?" he asked. "Heroin is cheaper, more easily available, and more deadly than it has been in my lifetime," he added. "Drug overdose is now the leading cause of accidental death in Massachusetts, exceeding motor vehicle accidents."

Law Enforcement

Facebook Tells DEA to Stop Creating Fake Accounts. The social media giant has sent a strongly-worded letter to the DEA telling the agency to stop creating accounts impersonating real people in its bid to catch drug criminals. The Facebook move comes after the agency was revealed to have used the identity of a real woman, including posting revealing photos of her, as part of its drug-fighting efforts. Facebook is "deeply troubled" by the incident, the letter says, especially since it violates its rules about only using real identities.

International

Mexico Social Media Cartel Watcher Kidnapped, Killed, Body Shown on Her Hacked Twitter Account. Reynosa physician Dr. Maria del Rosario Fuentes Rubio participated in social media crime watch activities, reporting on the doings of drug cartel members, and it cost her her life. She was kidnapped last week and her Twitter account hacked. A photo of her dead body appeared on it, along with a message warning others on her network to close their accounts. "Today my life has reached its end," read one hacked tweet. "I can only tell you not to make the same mistake I did," said another. The hackers also directly threatened another citizen journalist, @ValorTamaulipas, warning that "death is closer than you think."

Mexico Police Arrest Drug Gang Leader Linked to Missing Students. Mexican authorities said last Friday they had arrested Sidronio Casarrubias Salgado, head of the Guerrero Unidos drug trafficking organization. The group has been linked to the disappearance of 43 radical teachers' college students, who went missing after participating in political demonstrations in Iguala. Several mass graves have been found, but it's not clear if the bodies in them are those of the missing students. The incident has led to massive public protests and become a serious crisis for the government of President Enrique Pena Nieto. The same day Casarrubias was arrested, thousands marched in Acapulco to demand the students be found alive. Days earlier, demonstrators set fires in government buildings in the state capital of Chilpancingo.

Honduras Beefs Up Air Force for More, Better Drug War. The Honduran Air Force has purchased two combat fighters from Brazil's Embraer for $29 million and been donated four helicopters worth $36 million from Taiwan as part of an effort to step up its fight against drug traffickers. Honduran President Juan Hernandez has pledged to crack down on drug trafficking, and the Honduran Congress has given the okay to shoot down suspected drug planes transiting national air space.

Marijuana Smoke-In in Melbourne Goes Unimpeded by Police. Some 200 people gathered in Melbourne, Australia, Sunday for a marijuana reform rally that included lots of people smoking pot. Victoria State Police didn't bother to show up.

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.)

Chronicle AM: OR Battle of the Moms, San Jose Dispensaries Gone, Four Pillars Revisited, More (10/17/14)

Oregon moms take stands on Measure 91, a new Delaware poll has healthy support for legalization, say goodbye to most of San Jose's dispensaries, there's an asset forfeiture reform bill in Virginia, and more. Let's get to it:

Highway traffic stops often result in asset forfeiture actions. Virginia is the latest state to see a reform bill. (flickr.com)
Marijuana Policy

Moms Rally For and Against Oregon Initiative. It was the battle of the moms today in Oregon as mothers for and against the Measure 91 legalization initiative held opposing rallies. The pro side met in Portland, while the anti side met in Lake Oswego. The moms for 91 included mothers who came from Colorado and Washington and spoke of the experiences there. Click the link for more detail.

Delaware Poll Has Healthy Majority for Legalization. A University of Delaware poll released Thursday has support for marijuana legalization at 56%, with only 39% opposed. Majorities in all three of the state's counties supported legalization. "I would say the numbers suggest solid support for fully legalizing marijuana in Delaware," said Paul Brewer, the political communications professor at the University of Delaware who supervised the poll. "The results also reflect what's going on in public opinion at the national level, where the trends show a growing majority favoring legalization." Click on the link for a broader discussion of pot politics in the state.

Medical Marijuana

The Bell Tolls for San Jose Dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of today, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

Oregon Court Rules Local Governments Can Ban Dispensaries. In a Thursday ruling, a Josephine County Circuit Court judge has held that local governments can restrict or ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

Asset Forfeiture

Asset Forfeiture Reform Bill Filed in Virginia. Del. Mark Cole (R-Fredericksburg) has filed a bill that would require a criminal conviction before authorities could seize property. Under current state law, a criminal conviction is not required for asset forfeiture to take place. "While I certainly do not want to make the job of our law enforcement officials harder, I believe we need to strengthen our property protections to avoid potential abuse or the taking of property from an innocent person," he said. The bill is HB 1287. It's strange bedfellow supporters include tea party groups and the ACLU.

International

Vancouver's Four Pillar Policy: Where Is It Now? It's been 13 years since Vancouver approved a groundbreaking, progressive drug policy that explicitly included controversial harm reduction provisions, as well as treatment, prevention, and law enforcement (thus, the four pillars). Now, a new series available via broadcast or podcast, examines where Four Pillars is today, what it has achieved, and whether it can last. Click on the link for more details and to find out where and how to watch.

Chronicle AM: CA Decrim Report, Afroman's Back, Pill ODs Drop, Colombia Synthetic Drug Trade, More (10/15/14)

A report on decriminalization in California has good news, state-level marijuana legalization could be an impetus for the US to modify international drug treaties, pain pill deaths are down (but heroin deaths are up), New Zealand has a different take on employee drug testing, and more. Let's get to it:

Afroman's got a whole new positive take on "Because I Got High."
Marijuana Policy

Report: California Decriminalized, and Nothing Bad Happened. A new report from the Center on Juvenile and Criminal Justice examines California's experience with marijuana since decriminalization went into effect at the beginning of 2011. It finds that "marijuana decriminalization in California has not resulted in harmful consequences for teenagers, such as increased crime, drug overdose, driving under the influence, or school dropout. In fact, California teenagers showed improvements in all risk areas after reform." There's lots of good number-crunching and analysis. Click on the second link to read the whole thing.

Afroman Revised: Good Things Happened "Because I Got High." California rapper Afroman burned up the charts in 2001 with his catchy lamentation about the perils of being a stoned-out couch potato, but now, thanks to NORML and Weedmaps, he's back with a new version of "Because I Got High," and he's singing a different tune. He eased his glaucoma thanks to the "cannabis aroma" and he can deal with anxiety attacks without Xanax, he sings. The song's new lyrics praise the benefits of marijuana in a number of ways, all supported by scientific evidence, says NORML, which has been working with Afroman for several years. Click on the title link to view the video.

Medical Marijuana

Massachusetts Patients Protest Over Medical Marijuana Implementation. Several dozen patients and advocates rallied outside the Department of Public Health in Boston Tuesday to call on the department and the governor to get the state's medical marijuana program moving. Voters legalized medical marijuana nearly two years ago, but: "We have zero cannabis plants in the ground to serve the patients," said Mickey Martin, a medical marijuana activist. "It's unacceptable to make patients wait." The protestors are calling for the state to immediately open up the program, get dispensaries up and running, and ease restrictions on "hardship cultivation" so more patients can grow their own.

Drug Policy

Brookings Report Sees Marijuana Legalization as Chance to Update International Drug Treaties. A report from the Brookings Center for Effective Public Management, "Marijuana Legalization is an Opportunity to Modernize International Drug Treaties," says that the Obama administration's tolerance of legal marijuana in the states creates tension with international drug control treaties and that, as state-level legalization spreads, the US should consider "narrowly crafted treaty changes" to "create space within international law for conditional legalization." The US could, for now, argue that even allowing state-level legalization is compliant with the treaties, but that argument will not hold water if legalization spreads, the authors say. Click on the report link to read the whole thing.

Opiates

Prescription Pain Reliever Deaths Drop for First Time in Years, But Heroin Deaths Up. For the first time since 1999, deaths from prescription opiates declined in 2012. The number of prescription opiate ODs quadrupled to nearly 17,000 by 2011, before dropping to 16,007 in 2012, a decline of 5%, according to data from the Centers for Disease Control and Prevention. Federal officials are crediting crackdowns on "over-prescribing" and the expansion of prescription drug monitoring programs. The decline in prescription opiate ODs follows a tapering off of the rate of increase that began in 2006. Before that, ODs had increased at a rate of 18% a year beginning in 1999; after that, the rate of increase declined to 3% through 2011. But with the crackdowns has come an apparent shift to heroin among some prescription opiates, and with that is a rising heroin OD death toll. Heroin ODs jumped 35% from 2011 to 2012, reaching 5.927 that year.

Prescription Drugs

Pennsylvania Prescription Drug Monitoring Bill Goes to Governor's Desk. A bill that would establish a prescription drug monitoring database has passed the House. Senate Bill 1180 already passed the Senate in May, and after a pro forma housekeeping vote there, goes to the desk of Gov. Tom Corbett (R), who has said he will sign it. The legislation would track all prescriptions for Schedule II through Schedule V drugs, which is a bit too far for the ACLU of Pennsylvania. The rights groups said it had privacy concerns, and that low abuse potential Schedule V drugs should not be tracked.

Law Enforcement

"Baby Bou Bou" SWAT Raid Protestors March to Atlanta Federal Courthouse. Supporters of Bounkham "Baby Bou Bou" Phonesevahn, the Georgia toddler severely burned by a flash bang grenade during a botched SWAT drug raid, marched to the federal courthouse in Atlanta Tuesday to press for federal action in the case. A local grand jury refused to indict any of the officers involved. The group, included a lawyer for the family, met with US Attorney Sally Quillian Yates to discuss possible federal charges. Yates' office said it is considering the case.

International

New Zealand Arbitrator Throws Out Positive Marijuana Test Firing. The Employment Relations Authority has overturned the firing of a man forced to take a drug test after an anonymous caller told his employer he had been smoking pot in a parking garage. The Authority held that the company was not entitled to force the man to take a drug test. The company was ordered to pay $14,000 in damages and lost wages.

Colombia Massacre Opens Window on Black Market Synthetic Drug Trade. Eight reported drug traffickers involved in trying to dominate the trade in synthetic stimulants were gunned down outside Cali recently, and TeleSur TVhas a lengthy and interesting report on what it reveals about the fragmented nature of the drug trade there and the role of the new synthetics in it. The new drugs, such as 2CB, known colloquially as "pink cocaine," are popular with elite youth, and are now apparently being produced in-country. The lucrative trade is leading to turf wars, with the Cali killings being the most evident example.

Medical Marijuana Update

California cultivation fights continue, it's nail-biting time for the Florida initiative, Colorado wants to tweak its system, a Pennsylvania bill appears stalled for now, and more. Let's get to it:

California

Last Friday, a Fresno County court again upheld the county's ban on medical marijuana cultivation. The ACLU of California had challenged the county ordinance banning grows and has now been shot down for a second time. Now, the group can either pursue other related actions or file an appeal in the Fifth District Court of Appeal. The county ordinance fines violators $1,000 per plant.

On Tuesday, the ACLU of California came out against Shasta County's proposed ordinance to ban outdoor marijuana cultivation and impose new restrictions on indoor grows. The ordinance is Measure A on the November ballot. The ACLU is the first statewide group to weigh in on the measure.

Colorado

Last Wednesday, a state legislative panel recommended tightening up on medical marijuana. The Marijuana Revenues Interim Committee recommended filing legislation that would tighten up the medical marijuana caregiver system and clarify that local governments can collect taxes on recreational marijuana. The bill would require all primary caregivers to register with the state. Officials fear that their inability to track caregiver grows under the present system is helping the black market. The bill would limit caregivers to six plants per patient and limit patients to one care giver. Medical marijuana supporters questioned why a committee charged with revenue issues was concerning itself with medical marijuana laws.

Florida

On Wednesday, a new SurveyUSA poll had support for the medical marijuana initiative at 51%. Because the initiative, Amendment 2, is in the form of a constitutional amendment, it needs 60% to pass. Consecutive SurveyUSA polls in the past month have showed support declining. In the last four weeks, support has dropped from 56% to 53% to 52% and now 51%. Some 15% were undecided. If the poll is correct, the undecided would have to break two-to-one in favor of the initiative for it to pass.

Pennsylvania

On Monday,officials announced that a medical marijuana pilot program was getting underway. Three children's hospitals and the Department of Health are doing a research study on the use of CBD cannabis oil in children. The project, announced in May, is now underway. A broader, but still restrictive, medical marijuana bill has passed the Senate and awaits a vote in the House.

On Tuesday, a pending medical marijuana bill got a House committee assignment. The bill, Senate Bill 1182, passed the Senate last month, but is being slowed down by Republicans in the House. It was assigned to the House Judiciary Committee Tuesday, but Republican members said it would have to have at least two public hearings before going to a committee vote. With only four working days left in the legislative session, that isn't going to happen this year.

South Carolina

Last Thursday, a panel studying medical marijuana met. A joint legislative panel studying the uses of medical marijuana in the state met at the Medical University of South Carolina. It's the first of three meetings to be held around the state to gather information. The state last year approved a CBD cannabis oil bill; these meetings are designed to help lawmakers gather information and refine the state's marijuana and hemp laws.

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

Chronicle AM: Carl Sagan Pot Papers Released, Supreme Court Takes Up Highway Drug Dog Detentions, More (10/8/14)

The Library of Congress unveils writings on marijuana and drug reform from astronomer Carl Sagan, pot pops up in the Oklahoma Senate race, the Supreme Court will take up the issue of how long police can detain someone on the side of the road waiting for a drug dog, the "Baby Bou Bou" SWAT raid case isn't over yet, and more. Let's get to it:

Carl Sagan
Marijuana Policy

Marijuana Policy Pops Up in Oklahoma US Senate Race. Even in Oklahoma, though that is not really a big surprise, given that Democratic contender state Sen. Constance Johnson is a leading Sooner advocate for legalization. At a debate in Stillwater with Republican contender US Rep. James Lankford, Johnson surprised no one by standing by her well-known position on pot. And Lankford surprised no one by opposing it. Click on the link to get some flavor.

Carl Sagan's Writings on Marijuana, Drug Policy in New Library of Congress Exhibit. The Library of Congress in Washington, DC, has made available to the public a huge trove of astronomer and PBS "Cosmos" host Carl Sagan's papers relating to marijuana and drug policy. Sagan was a proponent of marijuana and drug reform, and Tom Angell of Marijuana Majority has penned a nice piece about the collection and its release. Click on the title link to read it.

Medical Marijuana

Pennsylvania Restrictive Medical Marijuana Bill Gets House Committee Assignment. The bill, Senate Bill 1182, passed the Senate last month, but is being slowed down by Republicans in the House. It was assigned to the House Judiciary Committee Tuesday, but Republican members said it would have to have at least two public hearings before going to a committee vote. With only four working days left in the legislative session, that isn't going to happen this year.

Law Enforcement

Supreme Court to Rule on Roadside Detention of Motorists While Cops Await Arrival of Drug Dogs. How long can police hold a driver on the side of the road while waiting for a drug dog to arrive to do a sniff (which the Supreme Court considers not a search)? The US Supreme Court agreed yesterday to take up a case that could decide that issue. In the case, a Nebraska man was stopped for an alleged traffic infraction and ticketed by the officer 21 minutes later. But he remained detained by the officer for another six minutes, until backup arrived. The officer then used the dog to sniff the car, the dog alerted, a search ensued, and methamphetamine was found. The man pleaded guilty, but appealed, saying his detention after the ticket was written amounted to an unreasonable search and seizure under the Fourth Amendment. Oral arguments will be presented early next year. The court opinion will likely be announced by June 2015.

Family of Toddler Burned in Georgia SWAT Drug Raid Seeks Federal Charges. After a Georgia grand jury declined to indict any police officers in the botched drug raid that left toddler Bounkham "Baby Bou Bou" severely injured when a SWAT officer through a flash-bang grenade in his play pen, his family is seeking a meeting this week with federal prosecutors in hopes of getting federal charges filed. While the local grand jury failed to indict, it was highly critical of law enforcement practices in the case. "There should be no such thing as an emergency narcotics investigation," the jurors wrote in their report. Georgia US Attorney Sally Quillian Yates said in a statement that her office is looking into it. "Federal authorities have been participating in the investigation of this terrible incident, and now that a state grand jury has declined to return an indictment. We will review the matter for possible federal charges," said Yates.

International

Bolivian Presidential Candidates on Drug Policy. The PanAm Post has a nice analysis of the drug policy positions of the various candidates in the Bolivian presidential elections set for Sunday. While sitting President Evo Morales has won kudos for his coca policies, he has not undertaken any broader reform initiatives, such as drug decriminalization or legalization. Neither have any of the other candidates. The candidates are united in their "prohibitionist insanity," the article notes. Morales is expected to be reelected.

El Chapo Guzman Indicted in New York for Murders. Mexico's imprisoned Sinaloa cartel leader, Joaquin "El Chapo" Guzman, has been indicted for 12 murders in an indictment issued by a federal grand jury in Brooklyn. He and his successor, Ismael "El Mayo" Zambada, were also charged with money-laundering more than $14 billion in drug profits. But don't look for him to be heading for New York any time soon; he faces numerous charges in Mexico, as well.

Mexican Drug Gang Hit Men Linked to Mass Murder of Student Teachers in Guerrero. The attorney general for the state of Guerrero said Tuesday that some of the 44 rural teachers' college students who went missing last week after clashing with police in the city of Iguala were probably executed by drug traffickers working with crooked police. Two men who identified themselves as members of the Guerreros Unidos drug gang have supposedly confessed to killing at least 17 of them. Authorities have found a mass grave containing 27 bodies. The state attorney general said it appeared local police arrested the students, then handed them over to the hit men. The students were said to be political radicals and had been protesting against local officials. This sort of repressive political violence is nothing new in Guerrero, but the mass murder is one of the largest in recent Mexican history.

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.)

Chronicle AM: Dallas to Stop Marijuana Arrests, Rick Steves Campaigns, DEA Agent Makes Fake Facebook Page, More (10/7/14)

It's crunch time for those marijuana initiatives, Dallas will quit making small-time pot arrests, Colorado's governor disses the voters, Pennsylvania's medical marijuana bill is stalled, and more. Let's get to it:

Marijuana Policy

Dallas to Quit Arresting People for Small-Time Marijuana Possession. Starting in January, police in Dallas County, Texas, will only ticket -- not arrest -- people caught in possession of two ounces or less of marijuana. But those cited will still face misdemeanor charges, a fine of up to $2,000 and up to six months in jail (though that is rarely the case). The state legislature in 2007 voted to allow jurisdictions to implement cite-and-release, but only a handful of locales in the state have exercised that option.

Legalization Initiative Campaign Kicks Off in Lewiston, Maine. The campaign to legalize marijuana locally through ballot initiatives in Lewiston and South Portland, Maine, kicked off its final month of electioneering with a rally today in Lewiston. The effort is led by the Marijuana Policy Project and is part of a plan to legalize the herb statewide in the near future. Portland, the state's largest city, passed a similar initiative last year.

Rick Steves Hits the Road for the Oregon Legalization Initiative. The charming and mild-mannered PBS travel show host is kicking off a 9-stop tour in support of Measure 91. Steves, who lives in next-door Washington state, also played a critical role in that state's successful 2012 legalization initiative.

DC Council Votes to Strengthen Law to Seal Records for Past Marijuana Arrests. The DC Council voted unanimously today in favor of a bill that would improve the process by which a person can seal criminal records pertaining to conduct that has since been decriminalized or legalized. The council is expected to take a final vote on the bill in late October and it will then go to Mayor Vincent Gray for his review. The council decriminalized marijuana possession earlier this year, and the Measure 71 possession and cultivation legalization initiative appears poised to pass in November.

Colorado Governor Says Voters Were "Reckless" to Legalize Marijuana. Gov. John Hickenlooper (D) said during a campaign debate with Republican challenger Bob Beauprez that Colorado voters were "reckless" for voting to legalize marijuana. "Any governor that looks at doing this before we see what the consequences are, I would view it as reckless," he said. But what about voters who voted for it? "I think for us to do that without having all the data, there is not enough data, and to a certain extent you could say it was reckless. I'm not saying it was reckless because I'll get quoted everywhere, but if it was up to me I wouldn't have done it, right. I opposed it from the very beginning. In matter of fact, all right, what the hell -- I'll say it was reckless." Hickenlooper may call voters "reckless," but he has overseen the good faith implementation of the voters' will. Beauprez opposes marijuana legalization.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Appears Stalled in House. The state Senate last month passed a restrictive medical marijuana bill, Senate Bill 1182, but even that appears to be too much for the Republican-controlled House. Spokesmen for House Majority Leader Mike Turzai (R-Allegheny County) said the body wants to carefully study the bill, including holding public hearings. That means there is virtually no chance it will come to a vote this session. But some Democrats have some legislative maneuvers planned, including trying to attach it to another bill, so stay tuned.

Law Enforcement

Grand Jury Fails to Indict Cops in "Baby Bou Bou" Georgia SWAT Raid. A grand jury in Habersharm County has decided against charging any police officers in a botched drug raid in which a toddler was severely injured by a flash-bang grenade thrown by a SWAT officer. "Baby Bou Bou" Phonesvanh's nose was nearly blown off his face and he spent weeks hospitalized after the raid, in which no drugs were found and no one was arrested. The county has also refused to pay the child's medical bills. Look for a civil suit to come.

DEA Agent Set Up Fake Facebook Page in Woman's Name Without Her Consent. A DEA agent investigating a drug case took over a woman's identity, creating a fake Facebook page in her name and posting racy photos from her seized cell phone. The woman was a minor player in a drug case and didn't know her identity had been commandeered until friends asked her why she was posting racy photos. The woman hadn't even set up a Facebook page of her own. DEA Agent Timothy Sinnigen set up the fake page and used it to communicate with at least one drug suspect. Now, the Justice Department is arguing in federal court that it was perfectly okay for him to do so. Click on the link to read the whole sordid tale.

Sentencing

Ten Percent Drop in Federal Prison Sentences of a Year or More. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reports that the number of federal prison sentences of a year or more has dropped by 10% over the past five years. Only about one in four people convicted of federal crimes received sentences of greater than a year. Drug offenders accounted for nearly one-third (32.4%) of them. The TRAC data doesn't specify whether this figure has gone up or down in the past five years.

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.)

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