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Chronicle AM -- February 13, 2014

A bill has been filed to stop forcing the drug czar to oppose drug legalization, CBD medical marijuana bills continue to get attention, and there are big doings south of the border, and more. Let's get to it:

Russell Brand helped push British petition over the top. (flickr.com/photos/evarinaldiphotography/)
Drug Legalization

Congressman Steven Cohen Files Bill to Let Drug Czar Deal Honestly with Drug Legalization. The Office of National Drug Control Policy (ONDCP, the drug czar's office) is required by law to oppose legalization of any Schedule I substance and prohibited from studying it. Now, Rep. Steven Cohen (D-TN) has filed a bill, the Unmuzzle the Drug Czar Act (H.R. 4046), that would strip that language from the drug czar's enabling legislation, the ONDCP Reauthorization Act of 1998.

Marijuana Policy

High Times, Westword Sue Colorado Over Marijuana Advertising Restrictions. Marijuana magazine High Times and Denver alternative weekly Westword filed a lawsuit in federal court Monday challenging Colorado's restrictions on advertising for legal marijuana. The state's rules allow pot businesses to advertise only in adult-oriented publications for which "no more than 30% of the publication's readership is reasonably expected to be under 21." The lawsuit argues that the restrictions are an unconstitutional contravention of free speech.

Rhode Island Legalization Bill Coming. House Judiciary Committee Chair Edith Ajello and Senate Health and Human Services Committee Chair Josh Miller announced Wednesday they will file a bill to legalize marijuana for adults and set up a system of taxation and regulation for marijuana commerce. The effort is backed by Regulate Rhode Island and the Marijuana Policy Project.

Hawaii Decriminalization, Medical Marijuana Bills Get Hearing Today. Three Senate committees are holding a joint hearing today on two decriminalization bills, Senate Bill 2358 and Senate Bill 2733, and one bill, Senate Bill 2402, a bill that would take away protections for patients who possess and use marijuana concentrates.

Medical Marijuana

Medical Marijuana Rally Set for Friday in Topeka. Supporters of a long-stalled medical marijuana bill, Senate Bill 9, will rally at the Kansas State Capitol Rotunda Friday morning and lobby legislators after that. The effort is organized by Kansas for Change. Click on the title link for more details.

Hundreds Pack Oklahoma Capitol for CBD Medical Marijuana Hearing. Demonstrators called for marijuana legalization outside as hundreds of people jammed into the state capitol for a hearing on CBD medical marijuana. Dramatic and moving testimony was heard from family members of children suffering seizure disorders who might be helped by access to CBD cannabis oils.

Wisconsin Lawmakers Hold Hearing on CBD Medical Marijuana. Wisconsin legislators Wednesday heard from families of children with seizure disorders, who pleaded with them to pass a pending CBD medical marijuana bill.

Harm Reduction

Cincinnati Gets Its First Needle Exchange Program. The first needle exchange program in the Southwest Ohio/Northern Kentucky region is open for business. The Cincinnati Exchange Program becomes the third in Ohio, with others already operating in Cleveland and Portsmouth. The needle exchanges have been proven to reduce the spread of HIV, Hep C, and other blood-borne infectious diseases.

Prescription Drugs

Prescription Drug Database Bill Wins Missouri House Vote. A bill that would establish a prescription drug database has won a vote in the House, but senators, citing privacy concerns, said there is little chance of it moving forward in their chamber. The bill would create an electronic database managed by the state health department that would share information about prescriptions, patients, and doctors. The bill is House Bill 1133.

International

Mexico City Decriminalization, Regulation Bill and Mexican National Drug Reform Bill Introduced Today. In Mexico City, legislators for the federal district introduced a bill to decriminalize the possession of up to five grams of marijuana and remove the option of incarceration for possession of small amounts of other drugs. The bill would also allow for limited regulated marijuana sales. The second, national, bill would reschedule marijuana and allow for its medical use. Look for a Chronicle feature article on this soon.

Dark Web Drug Sales Site Busted. German and Dutch authorities have arrested five men in a sting directed at an internet drug sales portal. The men were connected to Black Market Reloaded and its successor web site, Utopia. Undercover police purchased drugs and weapons through the web sites, they said, and seized computers, hard drives, USB sticks, and a Bitcoin wallet containing $680,000 worth of the electronic currency.

More Than 100,000 Sign British Petition for Review of Drug Laws. Green Party MP Caroline Lucas set up an online petition urging the British government to order a cost-benefit analysis and impact assessment of British drug laws within the next year. It has now achieved the benchmark of 100,000 signatures, which means it must be addressed by the Backbench Business Committee. Sign-ons accelerated after actor and comedian Russell Brand joined with the online campaign group Avaaz to encourage its 1.1 million members to sign up.

Medical Marijuana Update

Lots of action at the state house on medical marijuana this week, plus Arizona eases up on the rules and the Michigan Supreme Court hands down a bellwether decision in favor of patients. Let's get to it:

Arizona

On Monday, state officials proposed easing medical marijuana program rules, including a change that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

California

On Tuesday, Butte County supervisors adopted strict new cultivation rules. By a unanimous vote, supervisors approving measures that would limit grows to 50 square feet on lots up to five acres and 100 square feet on lots between five and 10 acres. Opponents of the new rules have already begun the process of petitioning to get them changes.

On Wednesday, Santa Monica will consider allowing delivery services. The planning commission is set to consider a new recommendation by staff to ban dispensaries and replace this with delivery services. The city has never allowed dispensaries, but supporters had hoped to see a proposal to allow one or two. Instead, they got this.

Florida

Last Thursday, a new poll had 57% support for the state's medical marijuana initiative. The Gravis Marketing poll had only 31% opposed. But when Gravis asked respondents to consider that marijuana remained illegal under federal law, opposition rose to 54%.

Also last Thursday, a CBD medical marijuana bill was filed. Rep. Matt Gaetz (R-Shalimar) filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia

On Monday, a CBD medical marijuana bill got a hearing in the House. After a three-hour committee hearing Monday, state Rep. Allen Peake (R-Macon), the sponsor of the bill, House Bill 885, said it needed significant revisions before it could advance in the House. The hearing included searing testimony from parents of children suffering seizures, but also from physicians who said the use of CBD cannabis oils needed more study. Another hearing is set for Thursday.

Kentucky

Last Wednesday, a CBD medical marijuana bill was filed. State Sen. Julie Denton filed Senate Bill 124, which would allow the limited use of CBD cannabis oil to treat children with seizures.

On Sunday, the Bluegrass poll had support for medical marijuana at 52%.

Maine

Last Thursday, a medical marijuana bill got a hearing. Legislative Document 1674 would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves.

On Tuesday, another medical marijuana bill got a hearing. Legislative Document 1597 would give government officials access to any medical marijuana grow. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad.

Massachusetts

On Tuesday, the Haverhill city council extended a moratorium on dispensaries amid concerns about "misrepresentations" by Healthy Pharms, Inc., which is seeking to open a facility there. The council extended the moratorium to November 18.

Michigan

Last Thursday, the state Supreme Court blocked localities from passing ordinances that violate the state's Medical Marihuana Act. The ruling in Ter Beek v. the City of Wyoming means that cities cannot bar patients from growing their own marijuana.

Nevada

Last Wednesday, the Las Vegas city council directed staff to research plans to allow dispensaries. The move came on a 5-2 vote. The council enacted a six-month dispensary ban last fall and can come back later and vote to allow dispensaries.

Oregon

Last Thursday, the Phoenix city council dropped a motion to pass an emergency dispensary moratorium. Council members said the proposal was "ridiculous" and unnecessary.

On Tuesday, a bill to allow cities to ban dispensaries was amended in the Senate Judiciary Committee. Senate Bill 1531 now only allows cities to regulate them, not ban them.

Washington

Last Friday, bills that would tighten rules on patients advanced in the Senate. Senate Bill 5887 and Senate Bill 6178 each passed 6-1 in the Senate Committee on Commerce and Labor. They would end collective gardens for patients as part of the state's embrace of marijuana legalization.

On Monday, a bill that would reduce the amount of marijuana patients could have advanced in the House. House Bill 2149 passed out of the House Appropriations Committee.

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

Chronicle AM -- February 12, 2014

Overdose prevention is big news today as the drug czar chimes in in favor, more than a dozen congressmen call on Obama to re- or de-schedule marijuana, the Italian Supreme Court undoes a bad drug law, and more. Let's get to it:

Eighteen Congressmen Call for Marijuana Rescheduling or Descheduling. In a Wednesday letter to the White House, 18 congressmen urged President Obama to tell Attorney General Holder to ease up on marijuana. "We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II. Furthermore, one would hope that your Administration officials publicly reflect your views on this matter," said the letter signed by 17 Democrats and one Republican. The letter's lead author is Rep. Earl Blumenauer (D-OR).

Texas Governor Candidate Wendy Davis Says She Would Consider Decriminalization, Supports Medical Marijuana. Democratic gubernatorial candidate Wendy Davis told the Dallas Morning News editorial board she would consider decriminalizing marijuana possession and she supports medical marijuana. "We as a state need to think about the cost of that incarceration and, obviously, the cost to the taxpayers as a consequence of it, and whether we're really solving any problem for the state by virtue of incarcerations for small amounts of marijuana possession," Davis said. "I personally believe that medical marijuana should be allowed for. Certainly as governor I think it's important to be deferential to whether the state of Texas feels that it's ready for that."

Pennsylvania Governor Candidate Allyson Schwartz Calls for Decriminalization, Supports Medical Marijuana. Leading contender for the Pennsylvania Democratic Party gubernatorial nomination US Rep. Allyson Schwartz told the Philadelphia Weekly Monday she favors decriminalization and medical marijuana. "I do believe that marijuana is over-criminalized. And what we should do is decriminalize possession," she said. She also said she would sign a pending medical marijuana bill. "If it came to my desk, I would be supportive," she said.

New Mexico Senate Rules Committee Stalls Marijuana Legalization Resolution. State Sen. Gerald Ortiz y Pino (D-Bernallillo) saw his Senate Joint Resolution 10 stalled on a tie vote in the Senate Rules Committee Tuesday. The bill would have legalized possession for those 21 and over and set up a regulated system of marijuana commerce.

New Mexico House Committee Approves Study of Legalization Effects. A measure that asks the Legislative Finance Committee to study the effects of marijuana legalization in other states passed the House Appropriations and Finance Committee Tuesday. House Memorial 38, filed by Rep. Bill McCamley (D-Las Cruces), should now be headed for a House floor vote.

Arizona Decriminalization Bill for Small-Time Possession With Intent Filed. Rep. Mark Cardenas (D-Phoenix) has introduced a bill that decriminalizes possession with intent to sell of less than an ounce of pot, make possession of less than two pounds with intent to sell a petty offense, and make possession of more than two pounds with intent to sell a misdemeanor. The measure would also decriminalize growing if the yield is less than two pounds. The bill is House Bill 2474; it has been assigned to the House Judiciary and Rules committees.

Medical Marijuana

Medical Marijuana Supporters Rally in Oklahoma City. Supporters of medical marijuana led by Oklahoma NORML rallied at Oklahoma State Capitol today, and also did lobbying and training.

Harm Reduction

Drug Czar Calls for Overdose Antidote Drug to Be More Widely Available. The Office of National Drug Control Policy (ONDCP, the drug czar's office) called Tuesday for making the overdose antidote drug naloxone (Narcan) more widely available. "The Obama Administration is encouraging first responders to carry the overdose-reversal drug naloxone," ONDCP said in a blog post. "When administered quickly and effectively, naloxone immediately restores breathing to a victim in the throes of an opioid overdose. Because police are often the first on the scene of an overdose, the administration strongly encourages local law enforcement agencies to train and equip their personnel with this lifesaving drug… Used in concert with "Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose, it can and will save lives."

Boston Mayor Calls for All First Responders to Carry Overdose Antidote. Boston Mayor Martin Walsh Tuesday responded to a spike in drug overdoses in the city by calling on all first responders to carry naloxone (Narcan), a medication used to reverse opioid overdoses. Both heroin and prescription opioid overdoses have jumped since 2009. Walsh announced a series of community workshops on the issue.

Indianapolis Police to Carry Overdose Antidote. Beginning next month, the Indianapolis Metropolitan Police will begin a pilot program where police officers are trained in the use of and will carry with them naloxone (Narcan) to reverse overdoses. Heroin overdose deaths have doubled in the city since 2011.

Maine Governor Opposes Bill to Increase Access to Overdose Antidote. Maine Gov. Paul LePage (R) opposes a bill to make the opioid antagonist naloxone (Narcan) more widely available, saying it would encourage drug use. The sponsor of the bill, Legislative Document 1209, Rep. Sara Gideon (D), said the governor's health policy advisor told her he would oppose the bill. "His main objection is his belief -- and I have to emphasize 'his belief' because there is no evidence that supports this at all -- his belief that increasing the availability of Narcan or naloxone will lead the drug user or drug abuser to have this feeling of invincibility," Gideon said. The Tea Party Republican governor last year vetoed bills to increase naloxone availability and create a Good Samaritan 911 law. Fatal heroin overdoses in the state quadrupled between 2011 and 2012.

Drugged Driving

New Mexico Drugged Driving Bill Advances. A drugged driving bill passed out of the House Transportation and Public Works Committee Tuesday. House Bill 190, filed by Rep. Bill Rehm (R-Albuquerque), would make driving with any detectable level of controlled substances, including marijuana and prescribed drugs evidence of driving under the influence of drugs. Such evidence would not automatically guarantee a conviction, but could be used to shore up prosecutions. The bill ran into opposition from, among others, the Drug Policy Alliance, which said it was likely to entrap regular users of marijuana or medical marijuana. The bill now moves to the House Judiciary Committee.

Synthetic Drugs

Missouri Synthetic Drugs Bill Advances. A bill that adds several specific substances to the state's list of banned synthetic cannabinoids advanced on a voice vote in the House Tuesday. House Bill 1051 is designed "basically to stay ahead of or try to keep up with new chemicals as they come out," said bill sponsor Rep. Shawn Rhoads (R-West Plains). The bill needs one more House vote before moving to the Senate.

International

Italian Supreme Court Strikes Down Law Equating Marijuana With Heroin. The Italian Supreme Court Tuesday struck down a 2006 law that removed the distinction between "soft" and "hard" drugs, stiffening prison sentences for marijuana and hash offenders, and filling the country's prisons with low-level pot offenders. The expectation is that thousands of them will soon be freed.

Groups Call for UN to Freeze Vietnam Anti-Drug Aid Over Death Penalty. Harm Reduction International and the anti-death penalty groups Reprieve and the World Coalition Against the Death Penalty have called on the United Nations to freeze anti-drug aid for Vietnam after it sentencing 30 people to die for heroin trafficking. In a letter to the Vienna-based UN Office on Drugs and Crime (UNODC), they said they had raised concern for several years about UN support for countries that impose the death penalty for drug offenses and that UNODC had internal human rights guidance that required it "to cease support for a country if it is feared the support may facilitate executions." UNODC had not replied as of Wednesday afternoon.

Marijuana Seeds Dropped from Slovak Controlled Substances List, New Drugs Added. President Ivan Gasparovic Tuesday signed legislation that will drop marijuana seeds from the list of illegal drugs in Slovakia because they do not contain cannabinoids. But the updated list will now include eight new drugs, including buphedrone, desoxypipradrol and 4-methylamphetamine, and it down-schedules GHB to allow doctors to prescribe drugs containing it.

(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 -- February 11, 2014

California's narcs are whining about Obama's marijuana remarks, Coloradans seem happy with legalization, a Good Samaritan overdose bill is filed in Maryland, an Israeli newspaper talks pot policy, and a Colombian FARC representative lays out the guerrilla's drug proposals, and more. Let's get to it:

Coca plants. The FARC has plans for them. (unodc.org)
Marijuana Policy

Marijuana Legalization More Popular Than Ever in Colorado. A year after marijuana possession became legal in the state and a month after retail marijuana sales began, Coloradans are more supportive than legalization than ever, according to a new poll. A Quinnipiac poll released Monday had support for legalization at 58%, three points higher than 55% who actually voted for it in November 2012. And 73% said they wouldn't mind if their neighbors grew marijuana in their homes.

California Narcs Unhappy With Obama Marijuana Comments. California's narcs are displeased with President Obama's recent remarks suggesting that marijuana is no more harmful than alcohol. In an open letter Monday, the California Narcotics Officers' Association took "strong issue" with the president's statements and warned that marijuana poses "significant risks to public health." The full text of the letter is at the link.

Wyoming Activists "Walk for Weed" at State Capitol. Several dozen marijuana legalization activists demonstrated at the state capitol in Cheyenne Monday armed with signs reading "Legalize, Not Legal Lies" and "Turning a Red State Green in 2016." The protest was an action by Wyoming NORML, which aims to put a legalization initiative on the ballot then.

North Carolina Legislator Vows to Introduce Legalization Measure. Rep. Kelly Alexander (D-Mecklenburg) said Monday he will introduce a marijuana legalization constitutional amendment when the legislature reconvenes in May. "It's an inevitable thing," he said. "Trying to stop that movement reminds me of somebody marching out to the beach, holding up their hand and saying the tide will not rise."

Medical Marijuana

Washington State Bills to Fold Medical Marijuana into Legal Marijuana System Moving. A pair of state Senate bills that would end collective gardens for medical marijuana patients advanced last Friday, while a House bill that would reduce the amount of medicine and the number of plants patients or caregivers can possess moved on Monday. Senate Bill 5887 and Senate Bill 6178 each passed 6-1 in the Senate Committee on Commerce and Labor on Friday. Both were second substitute versions. House Bill 2149 passed out of the House Appropriations Committee Monday.

Georgia CBD Medical Marijuana Bill Needs Revisions, Sponsor Says. After a three-hour committee hearing Monday, state Rep. Allen Peake (R-Macon), the sponsor of the CBD medical marijuana bill, House Bill 885, said it needed significant revisions before it could advance in the House. The hearing included searing testimony from parents of children suffering seizures, but also from physicians who said the use of CBD cannabis oils needed more study. Another hearing is set for Thursday.

Drug Testing

Illinois Bill to Drug Test Food Stamp Recipients, General Assembly Candidates Filed. A bill that would require candidates for the state House and Senate to undergo drug testing and bar them from running if they test positive has been filed in Illinois. Rep. Bill Mitchell (R-Forsythe) said he introduced House Bill 5292 with the political candidate provision because he thinks elected officials should be held to the same standards as food stamp recipients. The bill also calls for mandatory suspicionless drug testing of food stamp recipients. Requiring drug tests of candidates for office, and requiring drug tests of public benefits recipients without individualized suspicion, have both been held unconstitutional by the federal courts.

Harm Reduction

Maryland Good Samaritan 911 Overdose Prevention Bill Proposed. Delegate Jon Cardin (D-Baltimore) today proposed a bill that would offer limited immunity for nonviolent drug possession charges if that person contacts police or emergency personnel for reports of an overdose. "While I don't condone illegal drug or alcohol use or abuse, we should make sure overdose victims are brought to safety and not allow them die out of fear of being arrested," said Cardin in a statement. "There is strong evidence that overdose victims and their friends would often rather let someone die than call emergency personnel. This should never happen. This law is a common sense way to literally save thousands of lives." The bill was not yet on the legislative web site as of Tuesday afternoon.

International

In-Depth Interview with FARC Representative on Colombian Guerrilla Group's Drug Policy Proposals. The Voice of Russia has recorded an extensive interview with FARC peace delegation member Laura Villa on the FARC's drug policy proposals, which begin from the premise that drug prohibition has failed. FARC policies call for respect for the coca leaf, decriminalization of the coca crop (in the context of land reform), a public health approach to drug consumption, as well as demilitarization, an end to aerial eradication, and compensation for victims of eradication. The entire interview is quite illuminating and worth the read.

Israel Hayom Debates Marijuana Legalization. Editors and contributors to Israel's largest circulation daily newspaper, Israel Hayom, debated marijuana legalization in the Holy Land. Check out the debate by clicking on the link.

Chronicle AM -- February 7, 2014

Marijuana and medical marijuana dominate the drug policy news again today, the Maryland Senate votes to ban Everclear, meth and prescription pills continue to draw legislative attention, and Schapelle Corby will soon be freed from an Indonesian jail, and more. Let's get to it:

Schapelle Corby will soon walk out of an Indonesian jail.
Marijuana Policy

New Mexico Senate Committee Considers Legalization Bill Today. The Senate Rules Committee was expected to consider a marijuana legalization bill today. The bill is Senate Joint Resolution 10, sponsored by Sen. Gerald Ortiz y Pino (D-Albuquerque). It would create a constitutional amendment legalizing marijuana, which, if approved by the legislature, would then have to be approved by voters in a referendum.

Arizona Legalization Bill Introduced.Sen. Ruben Gallego (D-Phoenix) has introduced House Bill 2558, which would allow adults to use, possess, and cultivate small amounts of marijuana, and set up a system to tax and regulate marijuana commerce.

Oregon Bill Would Allow Gun License Despite Marijuana Conviction. Oregon law currently allow people with marijuana possession convictions to obtain a concealed hand gun permit, but a new bill, House Bill 4068 would expand that protection to include people busted in other states, and perhaps, people busted before 1973. The bill got a hearing Wednesday. It is supported by the Oregon State Sheriff's Association, which called it "an issue of fundamental fairness."

Joe Biden Reiterates Obama Administration Marijuana Policy. While the Obama administration thinks cracking down on marijuana is a waste of resources, it doesn't favor legalizing it, either, Vice President Biden told Time magazine Thursday. "I think the idea of focusing significant resources on interdicting or convicting people for smoking marijuana is a waste of our resources," Biden said. "That's different than [legalization.] Our policy for our administration is still not legalization, and that is and continues to be our policy."

Massachusetts Poll Has Slight Majority for Legalization. A new Suffolk University/Boston Herald poll has support for marijuana legalization in the Bay State at 53%, with 37% opposed and 10% undecided.

Medical Marijuana

Michigan High Court Rules for Medical Marijuana. In a bellwether case, the Michigan Supreme Court ruled Thursday that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming. A number of cities had attempted to ban medical marijuana activities, but the ruling says they cannot do that, although they can regulate them.

Maine Medical Marijuana Bills Get Hearings. Medical marijuana bills are getting attention in Augusta. Legislative Document 1674, which would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves, got a hearing Thursday. Legislative Document 1597, which would give government officials access to any medical marijuana grow, is set for a hearing next Thursday. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad. Legislative Document 1739 would create additional regulations and is set for a hearing next Tuesday. Click on the title link for more hearing information.

Florida CBD Medical Marijuana Bill Filed. Rep. Matt Gaetz (R-Shalimar) has filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia CBD Medical Marijuana Bill Gets Hearing Monday. A bill that would allow the use of high-CBD cannabis oil for patients suffering from certain types of seizures will get a hearing Monday. House Bill 885, sponsored by Rep. Allen Peake (R-Macon), will get a hearing at the House Health and Human Services Committee.

Hemp

President Obama Signs Farms Bill With Hemp Amendment. President Obama Friday signed into law the omnibus farm bill, which includes a hemp amendment allowing for research pilot projects in states that have approved them.

Hemp Bill Moving in Washington State. A bill that would authorize Washington State University to study the feasibility and value of a hemp industry in the state is on the move. House Bill 1888 passed out of the House Appropriations Subcommittee on General Government & Information Technology Thursday and now heads for the Ways and Means Committee. The just-passed federal farm bill includes a provision allowing for hemp research in states that have approved it.

Alcohol

Maryland Senate Passes Ban on Everclear. The Maryland Senate this approved a bill that would ban the sale of any alcohol product at or above 190 proof, or 95% ethyl alcohol. The bill is Senate Bill 75, and supporters said the ban would cut down on binge drinking and date rape, but opponents called it a "feel good" move. Similar legislation has twice previously passed the Senate, only to die in the House, but this year it has the backing of Del. Charles Barkley (D-Montgomery), chair of the Economic Matters subcommittee on alcohol, which increases its chances of getting a floor vote.

Prescription Drugs

South Carolina Bill Would Increase Penalties for Pill Trafficking, Set Them By Pill Quantity. A bill backed by Lt. Gov Glenn McConnell (R) and aimed at what he called "a criminal cancer that will affect the health of seniors" would increase penalties for prescription drug trafficking and set penalties based on the number of pills seized -- not the weight of the drugs. Possession of 600 or more prescription pills would garner a mandatory minimum 15-year prison sentence. Senate Bill 1012 would also make having multiple prescriptions for the same drug evidence of possession with intent to distribute.

Methamphetamine

Michigan Bill Would Bar Drug Felons From Buying Pseudoephedrine. A bill that would bar people with felony drug convictions from purchasing products containing pseudoephedrine, a precursor chemical for meth, got a hearing Wednesday in the House Criminal Justice Committee. House Bill 5088 was introduced by Rep. John Kivela (D-Marquette). Two related bills, House Bill 5089 and House Bill 5090 were also discussed. They address "smurfing."

Harm Reduction

Needle Exchange Reform Bill Moving in Maryland. The state Senate Thursday approved a bill to undo a restriction in existing state law that prevents injection drug users from picking up more clean needles at the Baltimore needle exchange than they turn in. The Senate approved Senate Bill 263 by an overwhelming 39-5 vote. The measure now heads to the House.

International

Schapelle Corby Wins Parole in Indonesia. Indonesian authorities announced Friday that Schapelle Corby, an Australian woman whose case made international headlines when she was convicted for smuggling nine pounds of marijuana into Bali in 2005, has been paroled. It's not clear yet when she will actually walk out of prison in Bali. She had been sentenced to 20 years in what many Australians considered a set-up.

Michigan High Court Rules for Medical Marijuana

In a bellwether case, the Michigan Supreme Court has ruled that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming.

In that case, registered patient James Ter Beek sued the city of Wyoming after it passed a 2010 ordinance designed to block the use of medical marijuana in the city by prohibiting any use, cultivation, or manufacture of the plant.

"The fact is medical marijuana helps people; it's helped me," said Ter Beek, a retired attorney who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain. "I've tried narcotic-based drugs like Vicodin and OxyContin and nothing worked like medical marijuana. I have more freedom than ever before and I couldn't just sit by as our elected officials try to take that away from me and thousands of others."

Ter Beek, represented by the ACLU of Michigan, argued that the ordinance made him fear arrest and prosecution for activities explicitly protected by the medical marijuana law, and that the state law should preempt the local ordinance. The city, on the other hand, argued that its ordinance sought to uphold federal as well as state law, and that the federal Controlled Substances Act preempted the state law.

Ter Beek lost in district court, but won on appeal. Now, the state's highest court has upheld that decision.

Wyoming's ordinance "directly conflicts" with the state's medical marijuana because it allows what the law "expressly prohibits: the imposition of any penalty, including a civil one, on a registered qualifying patient whose medical use of marijuana falls with... the immunity" granted under state law, Justice Bridget McCormack wrote for a unanimous court.

Federal laws prohibiting marijuana do not preempt the state Medical Marihuana Act because it "doesn't interfere with or undermine federal enforcement of that prohibition," McCormack wrote. That doesn't mean people protected under the state law are immune from federal arrest or prosecution, the court was quick to note.

The Supreme Court decision also invalidates similar ordinances in other Michigan cities that attempted to use them to block medical marijuana activities, including Birmingham, Bloomfield Hills, and Livonia. The ACLU of Michigan had challenged ordinances in all three of those cities as well.

Lansing, MI
United States

Smart Needle Exchange Reform Bill Moving in Maryland

The Maryland Senate today moved to undo a restriction in existing state law that prevents injection drug users from picking up more clean needles at the Baltimore needle exchange than they turn in.

The Senate approved Senate Bill 263 by an overwhelming 39-5 vote. The measure now heads to the House.

The bill doesn't include a specific limit on the number of needles can pick up at one time, but one of the bill's supporters, Sen. Verna Jones-Rodwell (D-Baltimore), said 50 might be a good number, and that the bill may be amended to get specific.

The bill is supported by the entire Baltimore Senate delegation as well as the city of Baltimore.  The health department there says the city's needle exchange program serves about 2,500 people a year and exchanges about 200 needles for each one.

Needle exchanges are a proven means of reducing the transmission of HIV, Hep C, and other blood-borne illnesses among injection drug users.

Good on the Maryland Senate for moving to get rid of this mindless restriction.

Location: 
Annapolis, MD
United States

Chronicle AM -- February 6, 2014

A slight majority in Rhode Island say legalize it, CBD medical marijuana bills are popping up in several states, Uruguay's marijuana-legalizing president gets a Nobel Peace Prize nomination, and more. Let's get to it:

Uruguayan President Jose Mujica has been nominated for the Nobel Peace Prize (gob.uy)
Marijuana Policy

Oregon Bill to Study Legalization Advances. A bill that would direct the state Department of Justice to examine laws to see what changes would need to be made in the event of marijuana legalization passed the House Judiciary Committee Wednesday. That bill is House Bill 4099, which now moves to the Budget Committee. This is not the bill that would have the legislature put an initiative on the November ballot. That bill is Senate Bill 1556.

Slight Majority Supports Legalization in Rhode Island Poll. A Public Policy Polling survey commissioned by the Marijuana Policy Project has support for legalization at 53%. The poll also found that 38% thought marijuana was safer than alcohol, compared to 21% vice versa. Another 21% thought the two were equally dangerous, while 20% said they didn't know. Click on the title link for the poll results.

Medical Marijuana

Alabama CBD Bill Wins Committee Approval. The Senate Judiciary Committee Wednesday approved a bill that would allow for the use of cannabidiol (CBD) for certain medical conditions, including seizures, severe or chronic pain, or "any other condition that is severe and resistant to conventional medicine." The bill is Senate Bill 174, which now goes to the full Senate.

CBD Bill Filed in Kentucky. State Sen. Julie Denton (R-Louisville) and eight cosponsors Wednesday filed Senate Bill 124, which would allow the use of CBD cannabis oils for children with epilepsy.

Public Hearing Next Tuesday on Oregon Local Control Dispensary Bill. There will be a public hearing in the Senate Judiciary Committee next Tuesday on Senate Bill 1531, which would allow local government to regulate or ban dispensaries. The bill is supported by associations of state city and county governments, but opposed by medical marijuana supporters. The legislature voted last year to approve a system of statewide dispensary regulations, which will begin to take effect March 1.

Americans for Safe Access Seeks Petition Signatures to Boost Effort on Organ Transplants for California Medical Marijuana Patients. Americans for Safe Access is seeking to show support for possible legislation protecting California medical marijuana patients who may need organ transplants. Hospitals and doctors have been reluctant to okay transplants for medical marijuana patients, whom they deem drug abusers. Click on the title link to get to the petition.

Rhode Island Attorney General Chides Dispensary on Advertising. In a Wednesday press release, Rhode Island Attorney General Peter Kilmartin chided the Thomas C. Slater Compassion Center for recent email advertising campaigns offering discounts and special holiday packages. "Can you imagine the public outcry if the local pharmacy started offering [half] off Oxycontin or medicinal drugs?'' Kilmartin said. "Compassion centers should be held to the same standard and should be prohibited from offering discounts or sales on medicinal marijuana.'' The dispensary said it would stop advertising its products.

International

Uruguay's Marijuana-Legalizing President Mujica Nominated for Nobel Peace Prize. Uruguayan President Jose "Pepe" Mujica has been nominated for the Nobel Peace Prize. He was nominated by members of his own Frente Amplio political party, as well as a Dutch NGO, the Drugs Peace Institute. His supporters cited his pioneering policy of legalizing and regulating marijuana commerce.

Peru Says Still Committed to Eradicating 75,000 Acres of Coca in the VRAEM. Carmen Masias, head of the Peruvian anti-drug agency DEVIDA, said Tuesday the Peruvian government remains committed to eradicating 75,000 acres of coca crops in the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM). The area accounts for more than half of all Peruvian coca production. [Ed: Historically coca eradication has merely shifted growing from one area to another -- causing deforestation in the process. A recent report highlighted the impact drug trafficking (not growing, but a similar idea) has on forests, and the author suggested reforming drug policies.]

Australia's Victoria Plans Construction Site Drug Testing; Union Strongly Objects. Victoria Premier Dennis Napthine said Thursday he would require construction companies to implement strict alcohol and drug testing policies to qualify for government contracts. The main construction union, the Victorian Construction, Forestry, Mining, and Energy Union (CSMEU) condemned the move as a "slur" on construction workers, saying there was no evidence that people in the industry had any more drug problems than anybody else.

Iranian Meth Offender Survives Execution, Gets Sentence Reduced to Life. An Iranian man who was revived in the morgue after being hung for possessing a kilo of meth has been granted a reprieve by the Iranian amnesty commission. The man, identified only as Alireza M., 37, instead will now be sentenced only to life in prison. The man's revival after execution raised thorny questions for Iranian jurists and clerics about whether he should be re-executed or not.

Medical Marijuana Update

Project CBD takes on the skeptics on cannabidiol, medical marijuana bills move in Guam, but not in Michigan, and California counties continue to slug it out over dispensaries and grows. Let's get to it:

National

On Monday, Project CBD struck back against criticism from Project SAM. Project CBD's Martin Lee penned a lengthy rebuttal of charges made in a recent Project SAM "fact sheet" seeking to justify continuing marijuana prohibition by misinforming the public about cannabidiol and THC. It's worth reading in its entirety.

California

On Tuesday, Lake County supervisors voted to put their cultivation ordinance to the voters. The grow ordinance, passed in December, bans outdoor cultivation in community growth boundaries; limits plant numbers on parcels larger than one acre outside of community growth boundaries to six mature or 12 immature plants; prevents grows on vacant parcels; limits indoor grows to 100 square feet or less; keeps outdoor cultivation 1,000 feet from schools, parks or other facilities serving children, and 100 feet from water bodies; offers quicker abatement; and makes the Lake County Sheriff's Office responsible for enforcement. But last month, the Community Alliance to Ban Illegal Cannabis Cultivation submitted substantially more than enough signatures to force a vote. This will be the third referendum the county has faced on medical marijuana rules.

Also on Tuesday, Fresno County supervisors voted to close a loophole in their county-wide cultivation ban. The most recent ban ordinance had neglected to cover cultivation in areas zoned for manufacturing, but the board eliminated that oversight Tuesday. Medical marijuana advocates say they're not giving up their fight. They already are gathering signatures for a referendum to overturn the bans. Fresno Cannabis has a petition on its website and needs 20,130 signatures by Thursday to halt the ban until county supervisors reverse their vote or a countywide election is held.

Last Thursday and Friday, San Bernardino County police raided dispensaries in Needles as part of a bistate enforcement operation with Arizona authorities. They seized 445 pounds of medical marijuana. The cops said people were using fake California patient IDs to purchase marijuana when they weren't California residents, and that some dispensary operators actually resided in Arizona.

Also on Tuesday, Tuolumne County supervisors scrapped an ordinance that would have banned dispensaries and outdoor grows. The unanimous decision came after the planning commission voted 6-1 to table its plan after dozens of citizens showed up to speak against the ordinance -- and none spoke for it.

Delaware

On Tuesday, state officials finalized regulations for a single dispensary. The Marijuana Policy Project has complained that it is limited to growing 150 plants, "too few to meet patients' needs," the group says. But the governor and the Department of Health and Human Services are refusing to remove the cap.

Guam

Last Saturday, the Guam Senate voted to put medical marijuana before the voters. The bill must still be signed (or at least not vetoed) by the governor before it heads to the ballot. Bill sponsor Sen. Tina Muna Barnes amended an earlier version of the measure to allow for a popular vote after hearing demands for it during debate in recent weeks.

Michigan

Last Friday, a key legislator said he was blocking medical marijuana bills. One bill would allow for dispensaries, while the other would allow for edibles. But Senate Majority Leader Randy Richardville (R-Monroe) said he would block any movement. "I'm going to sit on them for awhile," he said. "We don't want this ballot initiative to take over. I believe a vast majority of people who voted for it believed we were talking about prescription type of marijuana. Unless it's a real strict distribution system, we're not going to take a chance. At this point, I'm not in favor of dispensaries."

New Mexico

Last Friday, a Santa Fe man filed suit against the Department of Health claiming it has refused to issue him a cultivation license. Mark Springer, owner of Medical Marijuana, Inc., is seeking to force the department to reopen the application period for eligible marijuana growers and permit them to grow more of the plant.

Utah

On Monday, a bill that would allow the use of CBD cannabis oil for epileptic kids was filed at the state house in Salt Lake City. Introduced by Rep. Gage Froerer (R-Ogden), House Bill 100 amends Utah law to allow people to possess the hemp oil extract and give it to minors without being charged with violating the state's controlled substances laws. The bill also requires the Utah Department of Health to issue parents a 'hemp extract registration card' to bring the cannabis oil across state lines into Utah.

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

Chronicle AM -- February 5, 2014

Alaska will vote on marijuana legalization this summer, the DC council gives preliminary approval to a decriminalization bill, the farm bill with the hemp amendment intact passes Congress, advocates urge India's parliament to act on access to pain medications, and more. Let's get to it:

Marijuana Policy

Patients in India need access to opioid pain medications, too. (cansupport.org)
Alaska Legalization Initiative Qualifies for Ballot. State election officials said Tuesday that a marijuana legalization initiative has enough signatures to qualify for the August ballot. The measure isn't officially certified yet, but it's all but a done deal.

DC Council Gives Preliminary Approval to Decriminalization. The District of Columbia city council Tuesday approved a marijuana decriminalization bill, Council Bill 20-409, but only after first accepting amendments that would criminalize the public use of marijuana and allow police to search vehicles if they encounter the odor of marijuana. A second and final vote will most probably happen next month, and efforts are underway to strip out the bad amendments. Meanwhile, a legalization bill and a legalization initiative are pending.

Deputy Drug Czar Forced to Admit Marijuana Safer Than Alcohol. Deputy ONDCP head Michael Botticelli had a rough hearing Tuesday at the House Government Oversight Committee. Rep. Gerry Connolly (D-VA) got him to admit that marijuana is safer than alcohol, but it was a painful process. Click on the link for the dialog.

Medical Marijuana

Delaware Finalizes Regulations for a Single Medical Marijuana Compassion Center. The Marijuana Policy Project complains that its limit of 150 plants will be too few to meet patients' needs, but says its efforts to get the cap lifted have been blocked. Maybe the regs can be changed later, the group said.

Project CBD Responds to Attacks from Project SAM. Project CBD's Martin Lee has penned a lengthy rebuttal of a recent Project SAM (Smart Approaches to Marijuana) "fact sheet" that seeks to justify continued marijuana prohibition "by misinforming the public about cannabidiol and THC." Check it out at the title link.

Hemp

Farm Bill With Hemp Amendment Passes Congress. The Senate Tuesday passed the omnibus farm bill with the hemp amendment intact. The amendment will allow universities and agriculture departments that have approved hemp production to undertake research. The president is expected to sign the bill any day now.

Drug Testing

Farm Bill Passes Congress Without Drug Testing Amendment. The same Farm Bill package that passed the Senate did not include language passed in a version of the bill last summer that would have encouraged states to drug test recipients of Supplemental Nutritional Assistance, also known as food stamps.

South Dakota Public Benefits Drug Testing Bill Dies. A bill that would have required drug screening and testing for public benefits recipients died Tuesday in the Senate Health and Human Services Committee on a 5-2 vote. The bill had been fiercely opposed by the administration of Republican Gov. Dennis Daugard.

Law Enforcement

Silk Road Mastermind Indicted By Feds. Ross Ulbricht, the suspected mastermind behind the dark web's Silk Road web site, has been indicted by federal prosecutors for allegedly trafficking drugs through the site. The indictment supersedes the original complaint from October 2013. Meanwhile, another version of Silk Road is back online, and so are competitors.

Prescription Drugs

Florida Prescription Drug Database Overhaul With Privacy Protections Passes Senate Committee. A bill that amends the state's Prescription Drug Monitoring Program to require investigators to get court orders to access the database passed the Senate Health Policy Committee Tuesday. The move came over the objection of law enforcement, which said it would hamper its ability to curb the abuse of controlled substances. The bill is Senate Bill 7106.

Students

South Dakota Bill to Reduce Collateral Student Drug Punishments Advances. The Senate Education Committee Tuesday approved a bill that would reduce the collateral penalties for high school students convicted of drug offenses. Under current state law, students convicted of drug offenses are suspended from school activities for a year, but can get that reduced to 60 days if they attend treatment or counseling. The bill approved by the committee would reduce that to 30 days if the student undergoes treatment.

International

British PM Rejects Junior Partner's Call to End "Unwinnable" Drug War. British Prime Minister David Cameron flatly rejected Deputy PM Nick Clegg's call to end the war on drugs and explore alternative approaches. Clegg made his comments in over the weekend on a trip to Colombia, but Cameron was having none of it, according to a spokesman: "No. The PM's views are well-known and unchanged," when asked if Cameron agreed. "He thinks that we have the right approach. The government has a good record in this area, with drug usage at the lowest level since records began." [Ed: Actually, the prime minister's views are changed, or at least the public version of them. Prior to becoming prime minister, Cameron favored legalization.]

Indian Doctors, Advocates Call for Parliament to Quit Dithering, Pass Opioid Medication Law. Indian doctors and pain patient advocates are calling on parliament to pass an amendment to the Narcotic Drugs and Psychotropic Substances Bill that would increase the availability of opioid pain medications. They say millions of Indians are suffering from untreated pain because of lack of access to such substances. Among the groups calling for action on the bill are Pallium India, the Indian Association of Palliative Care, and CanSupport, which provides home care and palliative care for patients with cancer.

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