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Chronicle AM: GOP Govs Seek Fed Permission to Drug Test Food Stamp Recipients, MedMJ Moves, More... (4/14/16)

Republican governors seek federal permission to drug test food stamp recipients, a Tennessee marijuana reform bill dies, a pair of New York medical marijuana improvement bills advance, so does the long-awaited Pennsylvania medical marijuana bill, and more.

Medical marijuana is keeping statehouses busy. (wikimedia.org)
Marijuana Policy

Tennessee Decriminalization Referendum Bill Dies. A bill that would have let state voters weigh-in on whether the state should decriminalize pot possession is dead. The bill, which would have authorized a non-binding referendum, was killed in the Senate Judiciary Committee Tuesday.

Medical Marijuana

New York Medical Marijuana Fix Bills Advance. The Assembly Health Committee Monday approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.

Ohio Legislature Crafts Medical Marijuana Plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal.  The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.

Pennsylvania Senate Passes Medical Marijuana Bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).

Utah Patient Advocates Give Up on 2016 Initiative. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.

Asset Forfeiture

Poll: Nearly Nine Out of 10 Mississippians Want to End Civil Asset Forfeiture. A poll from the Mississippi Center for Public Policy has 88% opposed to allowing police to seize and permanently forfeit property taken from people not convicted of a crime. The poll comes as House Bill 1410, which would have increased asset forfeiture transparency, was passed by the House, but gutted by the Senate, which turned it into a study bill. The House is asking for a conference committee to hash out the differences.

Drug Testing

A Dozen GOP Governors Ask Congress to Let Them Drug Test Food Stamp Recipients. The governors have sent a letter to Rep. Robert Aderholt (R-AL), head of the House Agriculture Committee , which administers the Supplemental Nutrition Assistance Program (SNAP—food stamps), urging him to change federal law to allow states to test program recipients. In a statement accompanying the governors' letter, Wisconsin Gov. Scott Walker characterized the drug testing proposal as a "common-sense reform" that will make it easier "for recipients with substance abuse to move from government dependence to true independence," but in the states that have actually done welfare drug testing, less than 1% of recipients have tested positive for drugs.


Poll: Iceland Far From Supporting Marijuana Legalization. Fewer than 25% of Icelanders support legalizing marijuana, according to a new MMR poll. Some 76.8% said they opposed legalization. The good news is that opposition figure is declining; five years ago, 87.3% were opposed. Older age groups were the least likely to support legalization, while young people were most likely to.

Highway Drug Dog Searches: Two Diverging Trends in the Case Law [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

Chronicle AM: NYPD Targets Addicts for Felony Dealing Busts, DC Cannabis Club Ban, More... (4/5/16)

Bernie talks pot in Wisconsin, Pittsburgh is a mayor's signature away from pot decriminalization, the DC city council votes to ban social consumption, NYPD narcs are targeting street addicts for felony trafficking busts, and more.

Marijuana Policy

Bernie Sanders Talks Marijuana Legalization in Final Wisconsin Speech. Democratic presidential contender Bernie Sanders sought to win votes in Wisconsin Sunday night by not only hitting his standard themes of economic inequity, but also emphasizing his progressive marijuana and drug policy approach, including removing marijuana from the Controlled Substances Act. "Today, under the Federal Controlled Substance Act, marijuana is listed as a schedule one drug alongside of heroin," said Sanders. "Now we can argue when scientists do the pluses and minuses of marijuana, but everyone knows marijuana is not a killer drug like heroin." The Vermont senator also addressed racial disparities in marijuana law enforcement: "(Criminalization of marijuana) becomes a racial issue as well, because it turns out that blacks and whites smoke marijuana at equal levels," Sanders said. "Blacks are four times more likely to get arrested for marijuana than are whites."

Pittsburgh Council Approves Decriminalization. The city council voted 8-1 Tuesday to make small-time marijuana possession a summary offense rather than the misdemeanor mandated by state law. Mayor Bill Peduto now has 10 days to sign the ordinance. Possession of small amounts will now be punishable by a $25 fine, with a $100 fine for smoking in public.

DC Council Votes to Ban Marijuana Social Clubs. The council voted 7-6 Tuesday to uphold a ban on marijuana consumption outside of private homes, making the ban permanent. The move is a reversal from the council's earlier position, which was to enact a temporary ban and set up a task force to study the issue.

Medical Marijuana

Marijuana Reform Groups Call for Hearings on CARERS Act. The Drug Policy Alliance, Americans for Safe Access, and the National Cannabis Industry Association have all issued calls for the US Senate to take up the CARERS Act (Senate Bill 683), which would protect state-legal medical marijuana activities from federal interference. The bill, filed by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) has been stuck in the Senate Judiciary Committee for more than a year. Committee Chair Sen. Charles Grassley (R-IA) has refused so far to let it move.

Oklahoma CBD Bill Advances. Last year, the legislature approved a bill allowing children with epilepsy to use CBD cannabis oils, and now it is moving to allow adults to use it as well. A Senate committee approved House Bill 2835, which would remove the age restriction. The measure has already passed the House and awaits a Senate floor vote.

Law Enforcement

NYPD Is Busting Low-Level Addicts for Small-Time Drug Sales, But Ignoring Dealers. The NYPD is using undercover narcotics officers to seek out drug addicts, ask them for help in scoring drugs, give them money to make the buy, and then arresting them on felony drug trafficking charges. The narcs didn't even bother to go after the dealers the small-time addicts were scoring from, the New York Times reports. Last year, nearly 5,000 people were charged with dealing small quantities of heroin or cocaine.


Europe Spends $27 Billion a Year on Illicit Drugs, Monitoring Agency Says. The European Monitoring Center for Drugs and Drug Addiction (EMCDDA) said in a report Tuesday that EU citizens shell out about $27 billion for illicit drugs each year."Illicit drug production and trafficking remains one of the largest and most innovative criminal markets in Europe," Europol director Rob Wainwright said in a statement.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays 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: Senate "Sham" Legalization Hearing, Legalizers Rally in Ann Arbor & DC, More... (4/4/16)

Marijuana legalization activists rallied in Ann Arbor and DC over the weekend, pot-related hearings take place in Connecticut, Rhode Island, and the US Senate tomorrow, the California Assembly will take up supervised injection sites tomorrow, British pot arrests are down dramatically, and more.

Could supervised injection sites be coming to California? Stay tuned. (vch.ca)
Marijuana Policy

Senate Legalization Foes to Hold Hearing Tomorrow. US Sens. Charles Grassley (R-IA) and Dianne Feinstein (D-CA) will hold a hearing in the Caucus on International Narcotics Control titled "Is the Justice Department Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization." The only witnesses are foes of marijuana legalization, making it a "sham hearing" in the eyes of the Drug Policy Alliance. "These hearings are a one-sided sham with the deck stacked with witnesses who have a track record of vehemently opposing marijuana legalization," said DPA deputy director of national affairs,Michael Collins. "An honest evaluation of marijuana legalization would include the undeniable benefits of legalization like the massive drop in marijuana arrests, the billions in taxes, and the transition from an underground market to a regulated one. A more even-handed hearing would also address the destructive harms of marijuana prohibition."

On Eve of Hearing, Connecticut Governor Reiterates Opposition to Legalization. With a legislative informational hearing on legalizing marijuana set for Tuesday, Gov. Dannel Malloy (D) made clear Monday that he remains opposed to the move. "I'm not a believer in it," he said. "I've done all the things I thought were necessary," referring to supporting the state's medical marijuana program and signing a decriminalization bill. "I think when you legalize marijuana, you're encouraging marijuana, and that's not the place I want to go."

DC Pot Activists Fire Up in Front of White House. Led by the DC Cannabis Campaign, hundreds of legalization supporters gathered in front of the White House Saturday afternoon to urge President Obama to reschedule marijuana. The event was held on 4/2 instead of 4/20 because "Obama has been a big zero" when it comes to leading the country out of pot prohibition, the activists said. At 4:20pm, people lit up in a civil disobedience action, but no arrests were forthcoming, although some citations were issued.

Thousands Attend Annual Hash Bash in Ann Arbor. Pot lovers and legalizers gathered by the thousands on the University of Michigan's central campus Diag in the Midwest's largest annual celebration of cannabis culture. This was the 45th annual Hash Bash, and stoner icon Tommy Chong addressed the crowd, along with lesser luminaries. Activists were also out collecting signatures for a proposed statewide marijuana legalization initiative. Three people were arrested for marijuana possession.

Rhode Island Hearing on Marijuana Regulation and Policy Tuesday. State Attorney General Peter Kilmartin will host a forum on marijuana policy Tuesday at Brown University. Speakers include representatives from the city of Denver, the Washington state attorney general's office, and the Washington Institute on Public Policy, as well as Massachusetts state Sen. Jason Lewis (D), who chairs that state's Special Senate Committee on Marijuana.

Harm Reduction

California Assembly Hearing on Supervised Injection Sites Set for Tomorrow. The Assembly Public Safety Committee will hold a hearing on Assembly Bill 2495, which would allow localities to establish supervised drug consumption services and let drug users consume controlled substances there under public health supervision. The bill is sponsored by Assemblymember Susan Talamantes Eggman (D-Stockton).


British Marijuana Arrests Down By Nearly Half Since 2010. Arrests are down 46%, warnings fell by 48%, and charges filed declined by 33% between 2010 and 2015, according to official data from police forces. Some forces admitted no longer targeting pot smokers, saying their officers had been "freed up" for "more important work."

Indian Opium Addicts Block Highway to Protest New Ban on Poppy Husk. Hundreds of people addicted to "doda post," as dried opium husk is known in the area, blocked a highway in Rajasthan to protest a ban on the trade that went into effect April 1. Police managed to clear the road, but demonstrations against the ban continued. One local doda user attempted to commit suicide, and his father, Himatram, said he and his son had been using doda for years. "This government banned doda while supplying liquor publicly," he said. "It is not justified." Doda users said authorities had begun "de-addiction" drives, but were supplying them with medications that were useless.

Chronicle AM: NE Pot Politics, DEA Drug Plane Scandal, FL Forfeiture Reform Signed, More.... (4/1/16)

Marijuana politics is hopping in New England, decrim goes into effect in Tampa, the DEA gets raked for wasting tens of millions on an anti-drug plane that never flew, Florida's governor signs an asset forfeiture reform bill, and more.

Another $86 million down the drain, thanks to the DEA and it's flightless anti-drug plane.
Marijuana Policy

Maine Marijuana DUID Bill Killed. The House voted unanimously and without debate Thursday to kill LD 1628, which would have set a standard of 5 nanograms of THC per milliliter of blood to prove a driver was impaired on marijuana. The smack down of the bill came after concerns were raised that there wasn't science to support the limit. The effort is now dead at least until next year.

Connecticut Hearing on Marijuana Legalization Set for Next Week. State Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven) are hosting an information hearing on legalization next week. Candelaria is the lead sponsor of a legalization bill, House Bill 5209. The session is set for next Tuesday afternoon at the Legislative Office Building in Hartford.

Vermont House Hears Testimony on Legalization Bill. More than 50 people testified about Senate Bill 241 at a hearing at the statehouse Thursday night. The marijuana legalization bill has already passed the Senate and has the support of Gov. Peter Shumlin (D). The first House committee vote on the bill is expected next week. If the bill passes, Vermont will be the first state to have legalized marijuana through the legislative process.

Vermont Libertarian Party Calls for Legalization Bill to Include Home Cultivation. The party says "the absence of a home growing provision will limit the bill's chances to decrease the black market" and that "legalization of marijuana is NOT all about tax revenue." The party also says that legal home cultivation "will allow Vermonters to develop their cannabis cultivation skills to support an artisan cannabis industry." The legalization bill originally contained a provision for allowing up gardens of up to 100 square feet per household, but that was stripped out after powerful politicos objected.

Decrim Goes Into Effect in Tampa, Volusia County. Marijuana decriminalization ordinances approved by governing bodies in Tampa and Volusia County, Florida, earlier this year are now in effect. In Tampa, people caught with 20 grams or less will face only a $75 ticket; in Volusia County, it's 20 grams and a $100 fine.

Asset Forfeiture

Florida Governor Signs Asset Forfeiture Reform Bill. Gov. Rick Scott (R) Friday signed into law a bill designed to reform civil asset forfeiture in the state. The bill, Senate Bill 1044, had been approved unanimously by both houses. It will require the seizing agency to make a "probable cause" determination that there is "proof beyond a reasonable doubt" that the seized goods were used in a crime.

Tennessee House Approves Civil Asset Forfeiture Reporting Bill. The House unanimously approved House Bill 2176, which will require annual reporting on law enforcement agency property seizures. The Senate is expected to vote on the measure in coming day.

Law Enforcement

DEA Spent $86 Million for Anti-Drug Plane It Never Used. The DEA procured the plane seven years ago to fly surveillance and counter-narcotics missions in Afghanistan and spent $86 million to upgrade it with surveillance capabilities -- four times the initial estimated cost -- but the plane has never left the ground and will likely never fly in Asia, the Justice Department's inspector general said in a scathing report. "Our findings raise serious questions as to whether the DEA was able to meet the operational needs for which its presence was requested in Afghanistan," the review said. The plane could be ready to fly next year, but the DEA pulled out of Afghanistan last year.


Petitioners Urge Senate Leader Mitch McConnell to Allow Vote on Sentencing Bill. Sentencing refom activists handed in more than 30,000 petitions to Senate Majority Leader Mitch McConnell (R-KY) Tuesday demanding that he allow the Senate to vote on the Sentencing Reform and Corrections Act (Senate Bill 2123). The bill would reduce mandatory minimum sentences for some drug offenses and give judges greater discretion to sentence below the guidelines.


IDPC Reviews What Was and Wasn't Gained at the CND. The International Drug Policy Consortium last year elaborated five main "asks" it was seeking at the looming UN General Assembly Special Session (UNGASS) on Drugs, and now, in the wake of the Commission on Narcotic Drugs (CND) meeting in Vienna last month, produced a sort of scoresheet on the progress made. It's a worthy read.

Chronicle AM: DC Smoke-In Saturday to Press Obama, VT Legalization Bill Hearing, More... (3/31/16)

DC activists plan to smoke-out the White House Saturday, Vermont's legalization bill gets a hearing this evening, California's historic Marin Alliance for Medical Marijuana will soon be able to reopen, and more.

Marijuana Policy

DC Rally Saturday Will Feature Smoke-In, Mass Civil Disobedience. DC marijuana activist Adam Eidinger, the man behind the District's successful marijuana legalization initiative, is leading a protest Saturday in front of the White House to protest President Obama's lack of action on undoing pot prohibition. "Obama - he smokes, maybe not now, but he did smoke," Eidinger said. "So for him to oversee an enforcement regime that has arrested five million people for marijuana... I'm very motivated because I think it's a discriminatory practice." Eidinger and the DC Cannabis Campaign have moved their 4/20 celebration to 4/02 because Obama is "a big zero" on further marijuana reforms. They will be marching to the White House with a 51-foot joint and will engage in mass pot smoking at 4:20pm.

Vermont Legalization Bill Gets Hearing This Evening. The House Judiciary and Government Operations committees will be hearing testimony on the legalization bill, Senate Bill 241, between 5:00pm and 7:00pm this evening. Each speaker will be limited to two minutes. The bill passed the Senate last month, and Gov. Peter Shumlin (D) says he supports the measure.

Washington State Legal Marijuana Sales Exceeded $700 Million Last Year. The marijuana market research group ArcView has pegged the state's legal marijuana sales at $709 million in 2015. That accounts for nearly half of legal adult use sales nationwide.

Medical Marijuana

California Historic Marin County Dispensary Cleared to Reopen. The Marin Alliance for Medical Marijuana has won a federal court case that should clear the way for it to reopen soon. The dispensary, the first to operate in the state under the auspices of Proposition 215, was forced to shut down in 2011 during an offensive by then US Attorney Linda Haag. But in a Monday ruling, US District Judge Charles Breyer held that the injunction used to close it is unenforceable because it conflicts with a 2014 budget amendment approved by Congress that bars the Justice Department from going after law-abiding marijuana operations in states where they are legal.

Kansas Protest for Veteran Whose Kids Were Taken Away Over Medical Marijuana Use. US Navy veteran Raymond Schwab, who lost custody of his five kids after his mother-in-law took them and reported them as abandoned to state officials, told a crowd of supporters Wednesday at the state capital in Topeka that he lost custody because of his use of medical marijuana to treat PTSD, not because of minor legal scrapes. Schwab accused the state of "illegally kidnapping" his kids as he was preparing to move his family to neighboring Colorado, where medical marijuana is legal. He said the state has ordered him not to use medical marijuana for four months if he wants the kids back. Schwab is now two weeks into a 30-day vigil at the statehouse. He isn't the only medical marijuana parent to face problems in the state; just last week, Garden City resident Shona Banda sued the state, the city, and the police department over the seizure of her son after he spoke out in school about his mother's medical marijuana use.

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.


Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

Chronicle AM: New Obama Opioid Initiative, DOJ Backtracks on Forfeiture Reform, More... (3/29/16)

The drug czar uses a recycled and updated version of the gateway theory to oppose marijuana legalization, the Justice Department restarts its Equitable Sharing asset forfeiture program, the president announces a new package of initiatives to fight heroin and opioid death and addiction, and more.

Obama has plans for fighting heroin and prescription opioid death and addiction. (wikimedia.org)
Marijuana Policy

Drug Czar Leans On Gateway Theory Variant to Explain Opposition to Legalization. In a hearing before the House Committee on Oversight and Government Reform last week, Office of National Drug Control Policy head Michael Botticelli reaffirmed the Obama administration's opposition to marijuana legalization, using a familiar, if discredited, argument to do so: "I think the evidence is pretty clear that early use of alcohol, tobacco and marijuana -- often used together -- significantly increases the probability that someone will develop a more significant addictive disorder later in their life," he said. "Early substance use actually effects brain development and predisposes people for more significant vulnerabilities later in their life." That sounds a whole lot like an updated version of the roundly criticized gateway theory.

Hawaii Resolution Seeks Study on Marijuana and Driving. Rep. Cindy Evans (D-North Kona) and 15 other lawmakers have introduced a resolution asking the state health department to study the effect of marijuana on driving. State law bans people from driving under the influence of impairing drugs, but there is no threshold set for marijuana because there is no widespread consensus on what an acceptable level might be.

Heroin and Prescription Opioids

Obama Announces New Moves to Fight Heroin and Opioid Abuse. In a speech in Atlanta today, President Obama unveiled a package of new initiatives to help stem the tide of death and addiction from prescription and non-prescription opioids. These initiatives are above and beyond the $1.1 billion in new spending he proposed last month. The package includes expanded access to medication-assisted treatment (methadone, buprenorphine) for addicted users, doubling the cap on the number of patients to whom a doctor may prescribe buprenorphine, increasing the number of doctors who can prescribe it, funding an increase in access to the overdose reversal drug naloxone (Narcan), ensuring that substance abuse and mental health benefits are offered for Medicaid and the Children's Health Insurance Program, and $7 million for the Justice Department to conduct law enforcement operations aimed at heroin distribution.

Asset Forfeiture

Justice Department Resumes Equitable Sharing Program -- More Money for Cops. The Justice Department has announced it is resuming its program that allows state and local law enforcement agencies to do an end run around state asset forfeiture laws by handing investigations over to the feds. State laws may mandate that seized funds go in the general fund or other specified funds, but under the federal program, 80% of the seized funds go to the seizing law enforcement agency, not the state's general or other specified funds. Law enforcement lobbying groups had been loudly protesting the program's shutdown last fall, claiming they needed the windfalls to do their jobs. Now, the program is back on line.

Harm Reduction

Overdose Reversal Drug Naloxone Has Saved 2,500 Lives in North Carolina. In less than three years, some 2,500 North Carolinians have had their heroin or prescription opioid overdoses reversed by people using naloxone (Narcan), the North Carolina Harm Reduction Center reported today. As of today, the number stands at 2,503. "Through distributing naloxone with NCHRC, I have been able to save the lives of many of my friends, loved ones and peers," says Kendra, a volunteer distributor in Wilmington. "Without this amazing group of people and this life-saving drug, many people who are very close to me may not have had a second chance at life. In the last few months alone I have had close to 100 reversals reported to me personally and many of those people are now in recovery because they were ready to make a change in their lives after overdosing."


Mexican Popular Support for Marijuana Legalization Rising, But Still Low. This year's officially-supported debate on marijuana legalization appears to be having an impact. Mexico has never been a legalization-friendly country, and in October, daily polls had support for legalization at only 7%, with 92% opposed. But six months later, after the issue has been publicly debated, pro-legalization sentiment has increased four-fold, to 29%, with opposition dropping to 66%. The trend is in the right direction, but there's still a long way to go.

Chronicle AM: Pain Pills to Get "Black Box" Warning, FL to Get Syringe Exchanges, More... (3/23/16)

The Vermont marijuana legalization bill gets a first House hearing, it's do or die tomorrow for Georgia CBD legislation, the FDA orders "black box" warnings for quick-acting prescription opioids, Florida's governor has signed a syringe exchange bill into law,and more.

The FDA is mandating a "black box" warning for opioid pain pills. (wikimedia.org)
Marijuana Policy

Arizona Legalization Campaign Has Raised Ten Times More Funds Than the Opposition. According to a new report from the Arizona Center for Investigative Reporting, the Campaign to Regulate Marijuana Like Alcohol has raised $1.1 million for its legalization effort, while the leading group opposing legalization, Arizonans for Responsible Drug Policy, has raised only $90,000. The legalization campaign needs 150,642 valid voter signatures to qualify for the November ballot. It already has 180,000 raw signatures and says it aims to collect 225,000 to have a nice cushion.

Vermont Legalization Bill Gets House Panel Hearing. The House Judiciary Committee Tuesday heard testimony on the legalization bill, Senate Bill 241, from representatives of state police, prosecutors, and sheriffs. The witnesses said legalization would not end the black market, worried about out-of-state pot tourists driving under the influence, and called for a marijuana DUID law. More hearings are coming.

Dallas City Council Rejects Ticketing Instead of Arresting Pot Possessors. The city council has backed away from a plan to ticket small-time pot possessors after realizing that state law prevents the city from imposing the policy outside of Dallas County. Tiny portion of the city of Dallas extend into neighboring Collin, Denton, Kaufman, and Rockwell counties. The idea had been supported by the police chief and several council members.

Medical Marijuana

Last Chance for Georgia CBD Expansion Tomorrow. The legislative session ends at midnight tomorrow, and lawmakers will have a chance to take up a bill that would expand qualifying conditions for the state's CBD medical marijuana registry. The measure, House Bill 722, was defeated earlier in the session, but lead sponsor Rep. Allen Peake (R-Macon) has added it as an amendment to another bill to try to get it through tomorrow.

Iowa Patients, Supporters Rally in Des Moines. Hundreds of people gathered on the steps of the state capitol Tuesday to urge lawmakers to approve a comprehensive medical marijuana program. "This is not a partisan issue. This is something for the health and safety of our citizens," said Windsor Heights Mayor Diana Willits. "It truly is heartbreaking that legislators are not paying attention to their citizens and their constituents. It's time for everybody to put their political obstacles aside and do what's right in a nonpartisan way." The state passed a 2014 law allowing patients with epilepsy to use CBC cannabis oil, but that law did not provide for manufacturing or distributing the medicine in the state. A bill this year, House File 2384, would establish two grow facilities in the state and allow use of CBDs by patients who suffer from epilepsy, multiple sclerosis or terminal cancer. It is still being debated at the committee level. A recent poll had support for medical marijuana at 78%.

Ohio Medical Marijuana Bill Coming. Sen. Kenny Yuko (D-Richmond Heights) said Tuesday he plans to introduce a medical marijuana bill shortly. Yuko said the legislature needs to act on medical marijuana this spring or see the decision possibly taken out of its hands by the voters. There are at least three medical marijuana initiative campaigns brewing.

Asset Forfeiture

Mississippi Asset Forfeiture Reform Bill Survives Legislative Deadline. Tuesday was the day bills approved by one chamber had to see committee action in the other chamber or die, and House Bill 1410, the Asset Forfeiture Transparency Act, survived. It was approved by the Senate Accountability, Efficiency, Transparency Committee Tuesday afternoon and is now headed for a Senate floor vote. The bill would not end civil asset forfeiture, but require state officials to maintain a searchable database of all cash and property seized by law enforcement.

Heroin and Prescription Opioids

FDA Says Opioid Pain Relievers Will Have to carry "Black Box" Warnings. The Food and Drug Administration (FDA) announced Tuesday it will require immediate-release opioids to carry a "black box" warning label alerting users to the risks of misuse, addiction, overdose, and death. The warnings will refer users to the manufacturer's website for details. "Opioid addiction and overdose have reached epidemic levels over the past decade, and the FDA remains steadfast in our commitment to do our part to help reverse the devastating impact of the misuse and abuse of prescription opioids," FDA Commissioner Robert Califf, MD said in a news release. "Today's actions are one of the largest undertakings for informing prescribers of risks across opioid products, and one of many steps the FDA intends to take this year as part of our comprehensive action plan to reverse this epidemic."

Democratic Rep. Tears Into Pharma Company for Price-Gouging on Overdose Reversal Drug. Rep. Elijah Cummings (D-MD) used his opening remarks at a House Committee on Oversight and Government Reform hearing on heroin use to rip into Amphastar Pharmaceutical, the manufacturer of the overdose reversal drug naloxone (Narcan), for trying to profit off the crisis. "We can no longer allow drug companies to keep ripping off the taxpayers for life-saving medications," Cummings said. "Cities all around the country have recognized the need to equip their first responders, police officers and public health officials with naloxone -- a drug that can reverse opioid overdoses in a matter of minutes."

Harm Reduction

Florida Governor Signs Syringe Access Bill. Gov. Rick Scott (R) today signed into law the Miami-Dade Infectious Disease Elimination Act (IDEA Act), which will allow for the creation of needle exchanges.


Commission on Narcotics Drugs Meeting Ends, Now on to the UNGASS on Drugs. The 59th session of the Commission on Narcotic Drugs (CND) ended Tuesday in Vienna. The meeting and its outcome document are laying the groundwork for the UN General Assembly Special Session (UNGASS) on drugs at UN headquarters in New York next month.

Latin America's Largest Medical Marijuana Crop Now Being Harvested. Workers near the city of Colbun in central Chile have begun harvesting some 6,000 marijuana plants destined for 4,000 Chilean medical marijuana patients. The operation is being overseen by the Daya Foundation, which has hired 60 local temporary workers for the job. "It is an important day. We want it to be the first harvest of many more to come in Latin American countries," Ana Maria Gazmuri, president of the Daya Foundation.

Chronicle AM: Joep, We Miss You; Supreme Court Rejects NE, OK Pot Lawsuit; Bud Business Going Big, More... (3/21/16)

The international drug reform movement has lost a valued member way too soon, the Supreme Court rejects Nebraska and Oklahoma's efforts to derail Colorado's pot law, a new report says the pot business is going big, Ohio medical marijuana initiatives keep hitting roadblocks, and more.

A $23 billion industry by 2020? Arcview thinks so. (wikimedia.org/hampuforum)
Marijuana Policy

Supreme Court Rejects Nebraska and Oklahoma Lawsuit Over Colorado Marijuana Legalization. The US Supreme Court today declined to hear the case brought by Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had claimed the Colorado law created an increased law enforcement burden in their states and claimed that federal marijuana prohibition trumps the state law. But the Obama administration urged the high court to reject the case, and today it did on a 6-2 vote.

Legal Marijuana Could Be a $23 Billion Business By 2020, Report Says. In its 4th Edition State of Legal Marijuana Markets Report, the Arcview Market Research and the data-analysis firm New Frontier said that the legal marijuana industry is creating thousands of jobs and is online to reach $23 billion in sales by 2020, driven largely by adult use.

Vermont House Panels Will Hold Hearing on Pot Legalization Bill on March 31. The House committees on Judiciary and on Government Operations will hold a joint hearing on the marijuana legalization bill, Senate Bill 241. The measure has already passed the Senate, and Gov. Peter Shumlin (D) supports it. If the bill passes, Vermont will become the first state to legalize it via the legislative process.  

Medical Marijuana

Ohio Attorney General Rejects Two More Initiatives. It's back to the drawing board for two more medical marijuana initiatives after Attorney General Mike DeWine found problems with their ballot language. The Medical Cannabis and Industrial Hemp Amendment, submitted by a group led by attorney and veteran marijuana activist Don Wirstshafter, had inconsistencies between its text and its summary, DeWine said. Last Friday, he rejected a fourth petition for the Ohio Medical Cannabis Amendment for similar reasons. The groups behind the initiatives will now have to gather an additional 1,000 signatures and then resubmit their initiatives.

Heroin and Prescription Opioids

New CDC Prescribing Guidelines Urge Doctors Not to Test for Marijuana. New Centers for Disease Control and Prevention (CDC) guidelines aimed at reducing opiate addiction and overdose deaths recommend that doctors stop drug testing patients for the presence of THC and discourages them from dropping patients who test positive for pot. "Clinicians should not test for substances for which results would not affect patient management or for which implications for patient management are unclear. For example, experts noted that there might be uncertainty about the clinical implications of a positive urine drug test for tetrahyrdocannabinol (THC),” the guidelines state. "Clinicians should not dismiss patients from care based on a urine drug test result because this could constitute patient abandonment and could have adverse consequences for patient safety, potentially including the patient obtaining opioids from alternative sources and the clinician missing opportunities to facilitate treatment for substance use disorder."

Asset Forfeiture

Utah Poll Has 86% Opposing Current Asset Forfeiture Laws. A new Public Policy Polling survey commissioned by Drug Policy Action, the lobbying arm of the Drug Policy Alliance, shows overwhelming dissatisfaction with the state's civil asset forfeiture laws. More than three-quarters (77%) of respondents said they were unaware of civil asset forfeiture, but when provided a brief summary, 86% supported the position that "Police should not be able to seize and permanently take away property from people who have not been charged with a crime." The poll comes as asset forfeiture reform legislation has been stalled by organized opposition from law enforcement.


Tennessee Law That Criminalized Drug Use By Pregnant Women Could Be Modified. On Tuesday, lawmakers will vote to amend the state's "fetal assault" bill, which makes it a crime for women to use drugs while pregnant. The amendment being offered would only prosecute woman who are more than 25 weeks pregnant.  But advocates are calling for a better solution: don't renew the law.


European Drug Reform Stalwart Joep Oomen Dead at 54.Joep Oomen, a key figure in European civil society drug reform efforts, has died unexpectedly of natural causes at his home in Antwerp, Belgium. He was found by colleagues dead in bed Friday when they went looking for him after he failed to show up for a meeting.  He was 54 years old. A veteran activist with more than a quarter century of organizing under his belt, Oomen was the co-founder of numerous drug reform NGOs, including the European Coalition for Just and Effective Drug Policies (ENCOD), the Trekt Uw Plant cannabis cultivation social club in Antwerp, and the Dutch Union for the Abolition of Cannabis Prohibtion (VOC). Joep's vision of a world without drug war drew his attention beyond Europe's borders as well. He had been active with groups like Mama Coca and Friends of the Coca Leaf in working to see the coca plant treated with the respect it deserves, and had been a steady presence at organizing around the United Nations' international drug prohibition bureaucracy. We consider Joep a friend and colleague. We are shocked and saddened by his untimely departure.  

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