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DC City Council Voting on Marijuana Decriminalization Today

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DC city council chamber

Things are looking for good for a vote for marijuana decriminalization in the DC city council this afternoon. From Phil's "Chronicle AM" drug policy roundup yesterday:

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.
 

At $25 per violation -- less than most parking tickets, and less than the $100 fine originally proposed for the bill, the legislation would be a really nice step forward. (On the other hand, if one counts the value of the marijuana that police will still seize, the net cost might still be more than a parking ticket.)

Chronicle AM -- February 3, 2014

Short-sighted Tories slam a Welsh harm reduction drug testing program, DC could decriminalize marijuana possession tomorrow, Oregon's governor thinks the legislature should legalize it, South Dakota legislators get busy with bad bills, and a South Dakota Indian reservation is thinking about legalization, and more. Let's get to it:

Marijuana Policy

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

Oregon Governor Wants Legislature to Act on Legalization. Faced with the seeming inevitability of marijuana legalization in his state, Oregon Gov. John Kitzhaber (D) said last Friday the legislature should take it up. "I hear the drumbeats from Washington and Colorado," he said. "I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that." A bill to do that, Senate Bill 1556, is currently before the legislature. If the legislature doesn't act, a ballot initiative that could legalize marijuana in the state is waiting in the wings.

South Dakota's Pine Ridge Indian Reservation Considers Legalization. The Oglala Sioux Tribal Council on southwestern South Dakota's Pine Ridge Reservation has taken preliminary steps toward a public vote on marijuana legalization. Last week, the tribe's business development community approved the measure, and Tribal Chairman James Cross supports it. The full tribal council could approve a vote within the next month.

California Legalization Initiative Cleared for Signature-Gathering. The Marijuana Control, Legalization and Revenue Act (MCLR) initiative was approved last Friday for signature gathering to begin. Organizers now have until May to qualify for the November 2014 ballot. They need 504,000 valid voter signatures to do so. Three other legalization initiatives have also been submitted, but at this point, it appears unlikely that any of the initiatives will qualify for the ballot.

Two-Thirds of Hawaiians Ready to Legalize It, Poll Finds. Support for marijuana legalization in the Aloha State has jumped nine points since 2012 and now stands at 66%, according to a new QMark Research Poll. The survey also found 77% opposed jail time for pot possession and 85% supported allowing medical marijuana dispensaries.

New Jersey Poll: Only 41% Support Legalization. A new Fairleigh Dickinson University PublicMind Poll has support for legalizing small quantities of marijuana or personal use at 41%, although it is trending upward. "These numbers point to the possibility that fertile ground exists in the state for those looking to expand legalization beyond medicinal use," poll director Krista Jenkins said. "Policymakers will likely be watching for changes in public opinion as the percentage difference between those in favor and opposed gets closer to the 50/50 mark. Right now, however, a majority of the public remains opposed."

Medical Marijuana

Portland, Oregon, Medical Marijuana Business Symposium Draws Hundreds. Hundreds of people showed up in Portland Saturday at a marijuana business symposium to give and get advice on how to operate dispensaries and related businesses in the state. Beginning in March, the state of Oregon will start accepting applications for the businesses, making it a taxed and regulated industry.

Guam Senate Passes Bill to Put Medical Marijuana on the Ballot. The Guam Senate Saturday approved Bill 215, which would put the question of legalizing medical marijuana directly to the voters. The governor could still veto it, but unless he takes affirmative action to do so it will go into effect. Sponsor Sen. Tina Muna Barnes (D-Mangilao) amended the bill to allow for a popular referendum after running into opposition in the legislature.

New Mexico Medical Marijuana Grower Sues over Stalled Permit. A Santa Fe man has sued the state Department of Health over what he describes as a severe medical marijuana shortage. Mark Springer of Medical Marijuana, Inc. accuses the department of failing to act on his application and asks that it reopen the application period for growers and ease limits on how much they can grow.

Michigan Medical Marijuana Bills Stalled. Two bills that would make it easier for patients to acquire medical marijuana, including allowing dispensaries and the use of edibles, passed the House late last year, but now appear stalled by a hostile Senate committee chair. They are stuck in the Senate Government Operations Committee, chaired by Senate Majority Leader Randy Richardville (R-Monroe), who is not a big fan. "I'm going to sit on them for awhile," he said. The two bills are House Bill 5104 (edibles) and House Bill 4271 (dispensaries).

Methamphetamine

South Dakota Meth Precursor Registry Bill Passes Senate. A bill that would make South Dakota the 30th state to join the National Precursor Log Exchange (NPLEx) to track pseudoephedrine sales passed the Senate last week. Senate Bill 24 now heads to the House for consideration.

Drug Testing

South Dakota Public Benefits Drug Testing Bill Filed. A bill that would direct the state Department of Social Services to screen and drug test public benefits applicants for drug use has been filed in the South Dakota Senate. State Sen. Mark Kirkeby (R-Rapid City) tried and failed with similar bills in 2011 and 2012, but he's back this year with Senate Bill 123.

International

French Legislator Has Bill to Legalize Marijuana. A Green Party legislator said Saturday she had written a bill to legalize marijuana in France. Sen. Esther Benbassa, who represents a district on the outskirts of Paris, said France suffered from "a paradox," with some of the toughest marijuana laws in Europe, but also rising use levels.

Welsh Tories Attack Government for Funding Harm Reduction Drug Testing. Public Health Wales is operating a web site, Wedinos, where individuals can have drug samples tested for content and purity, and that has Welsh Tories crying foul. "This website suggests that Labour in Wales has given up the fight against drugs," complained Shadow Health Minister Jim Millar. "This free service is not just testing recreational highs, but illegal and dangerous drugs including heroin, cocaine and crack and gives advice on snorting and injecting substances." A government spokesman responded that it totally rejects those charges. "We are taking action to help individuals and society deal with the problems of substance misuse," he said. "Wedinos can provide essential intelligence and can help save lives. "It contributes to the wider UK and European Early Warning Systems in place to identify and monitor changing trends in drug use."

United Arab Emirates Toughens Drug Trafficking Laws. The United Arab Emirates (UAE) is vowing to seize assets from drug dealers and traffickers, but at the same time, it is working to enhance drug treatment services as part of "a containment policy for drug addicts, guiding them towards annihilating their addiction through innovative services."

Oregon Governor Calls for Marijuana Legalization, Legislature to Act

Gov. John Kitzhaber now supports marijuana legalization, reports The Oregonian:

"I hear the drumbeats from Washington and Colorado," states that recently approved legalization measures, he said. Oregon voters could do the same.
 

And he wants the legislature to take it on:

"I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that."
 

Perhaps Kitzhaber is hoping to head off a ballot initiative that could legalize marijuana in Oregon instead. Either way, we'll take it.

Chronicle AM -- January 31, 2014

The president makes some delphic comments on marijuana policy, some of his congressional critics get ready to go after him for such comments next week, Dutch cities want legal marijuana growing, the Welsh government funds a harm reduction drug testing program, and more. Let's get to it:

Marijuana Policy

Don't know what's in your drugs? The Welsh government wants to help.
In CNN Interview, Obama Punts on Rescheduling, Hints Support for Decriminalization. In an interview with CNN released today, President Obama said rescheduling marijuana was a job for Congress [Editor's Note: The executive branch can also reschedule it, according to statute] and that he considered the criminalization of personal use his main concern, although he also worried about the impact of commercialization.

House Government Oversight Committee to Hold Hearing on Marijuana Policy Next Week. Rep. John Mica (R-FL), chairman of the committee, said he will hold a hearing next Tuesday to examine what he called the Obama administration's "schizophrenic" position on marijuana laws. "The purpose of the hearing is to try to sort out the increasingly schizophrenic federal policy we have, because the DEA administrator was overhead denouncing what the president said," Mica said Friday. "We have states that are enacting laws -- municipalities that are considering it -- that are in conflict with federal law." There could be more hearings to come after that, he added.

Baltimore Police Commissioner No Fan of Legalization. Baltimore Police Commissioner Anthony Batts in a radio interview on Thursday evening expressed doubt that marijuana should be legalized. "We already have a city with a high addiction -- what would that do to the city of Baltimore?" Batts said. He also linked marijuana to homicides in the city, although the killings he described were a function of black market drug sales. "When you're calling your weed dealer or drug dealer, and you show up with money and you get robbed and it turns into a shooting, that's what we're seeing."

Medical Marijuana

Massachusetts Names Recipients of Medical Marijuana Dispensary Licenses. The Department of Public Health Friday announced the names of the first 20 dispensary applicants who will be awarded licenses to to open dispensaries. An additional 15 will be forthcoming.

Drug Testing

Judge Reinstates Delaware Valley (PA) School District Drug Testing Program. A Pike County district judge has lifted a temporary injunction barring random, suspicionless drug testing for students who drive to school or participate in extracurricular activities. The parents of a 12-year-old female student who faced drug testing if she wanted to join the scrapbooking club and the ACLU had challenged the program in 2011 and won the injunction, but Judge Joseph Kameen ruled earlier this month that the policy was constitutional under state law. It is unclear if the ACLU of Pennsylvania is done with this case.

Harm Reduction

Opioid Overdose Prevention Bill Introduced in New York. State Sens. Kemp Hannon (R-Nassau) and Jeffrey Dinowitz (D-Bronx) this week filed a bill, Senate Bill 6744/Assembly Bill 8637, that would help prevent accidental opioid overdoses by expanding access to the opioid antidote naloxone. The legislation would dramatically increase the accessibility of the life-saving reversal tool by allowing authorized health care professionals to issue standing orders, or non-patient specific prescriptions, to certified training programs that would in turn train individuals on the signs of overdose and provide them with the naloxone kits. By expanding naloxone distribution, this legislation will help reduce the number of preventable deaths resulting from accidental drug overdoses.

International

Welsh Government Funds Program to Test Drugs for Public. Public Health Wales has set up the Wedinos Project (Welsh Emerging Drugs and Identification of Novel Substances Project) to identify what drugs are in circulation there and use that information for harm reduction purposes. Samples are sent to the Wedinos laboratory in Cardiff anonymously and the test results posted online, identified by a reference number. The service is open to the public. "It's essential intelligence for our health workers, for our substance misuse workers, for the police, for young people and their families. By providing timely and accurate information this service can save lives," explained Welsh Health Minister Mark Drakeford. This is the first government-funded program of its type in the United Kingdom.

Dutch Cities Call for Legal Marijuana Cultivation; Government Says No. Eight of the Netherlands' 10 largest cities, including Amsterdam and Rotterdam, signed a joint manifesto Friday calling for the creation of "a national system of certified and regulated cannabis cultivation." Another 25 municipal councils also signed on. While the Netherlands allows for the sale of marijuana through its famous cannabis coffee shops, growing marijuana remains illegal. "We want cannabis cultivation to be regulated so the national market is manageable and more transparent, and to decrease the influence of organized crime," said the manifesto. Justice Minister Ivo Opstelten rejected the proposals: "I really don't think this is the solution," the Liberal minister told Dutch public television. "Mayors just have to learn to live with it," he said.

Marijuana Growing Courses Underway in Uruguay. Uruguay's National Cannabis Federation has launched special training courses on cultivation of the popular plant, local media reported. Some 50 would-be growers are currently enrolled.

Chronicle AM -- January 30, 2014

Big news on a couple of fronts regarding federal sentencing and federal prisoners, the DC council is set to approve decriminalization, Minnesota's welfare drug testing law gets some pushback, and more. Let's get to it:

Marijuana Policy

DC City Council to Vote on Decriminalization Bill Tuesday. The District of Columbia city council will vote Tuesday on the decriminalization bill, the Drug Policy Alliance said Thursday in an email to supporters. The link above is to the bill itself.

Missouri Marijuana Legalization Bill Introduced. Rep. Chris Kelly (D-Columbia) Wednesday introduced House Bill 1659, which would allow adults to possess and grow small amounts of marijuana and set up a taxed and regulated marijuana commerce regime.

Latest Poll Has Arizona Voters "Narrowly Opposing" Legalization. Marijuana legalization had the support of 43% of voters, with 51% in a Scutari and Cjeslak poll released Wednesday. That's the fourth poll in the last year on the topic, all conducted by different pollsters. Two show majorities for legalization; two don't.

Medical Marijuana

Oregon Sees Conferences in Ashland, Portland This Week. Would-be marijuana entrepreneurs in Oregon have two conferences aimed at them this week. The two-day Oregon Medical Marijuana Business Conference began today in Ashland. The National Cannabis Industry Association is holding a one-day "Northwest Cannabusiness Symposium" in Portland on Saturday. An Oregon law allowing dispensaries goes into effect March 3.

Charlie Crist Will Vote for Florida Medical Marijuana Initiative. Florida Democratic gubernatorial candidate Charlie Crist said Wednesday he plans to vote for the state's pending medical marijuana initiative. "This is an issue of compassion, trusting doctors, and trusting the people of Florida," he said. "I will vote for it."

Drug Testing

Minnesota Welfare Drug Test Law Draws Flak. Democratic Farm Labor (DFL) legislators, county officials and anti-poverty advocates are pushing back against the state's 2012 law mandating drug tests for welfare recipients with drug felonies. At a hearing Wednesday, Rep. Rena Moran (DFL-St. Paul) said she would propose a bill that would effectively overturn the law by giving counties the discretion to decide whether to apply it or not. County officials complained that the law is expensive to implement and actually affects few people. In one county, one county was forced to spend $1,500 in staff time to search out and test the one person to whom the law applied.

Search and Seizure

NYC Mayor DeBlasio Drops "Stop and Frisk" Appeal. The New York City mayor's office filed papers seeking to drop an appeal of a judge's decision ordering major reforms to the police department's stop-and-frisk policy. A judge ruled last year that the New York Police Department had discriminated against blacks and Hispanics with how it went about stopping, questioning and sometimes frisking people on the street. The judge ordered major reforms to the department's implementation of the policy. Then-Mayor Michael Bloomberg appealed the decision.

Sentencing

Senate Judiciary Committee Approves Smarter Sentencing Act. The Senate Judiciary Committee today approved the Smarter Sentencing Act on a 13-5 vote. It now goes to the Senate floor. Similar legislation is pending in the House.

Justice Department Calls for Drug Prisoners to Seek Clemency. In an unusual move, the Obama administration Thursday told defense lawyers they should suggest more inmates serving time on drug charges who might be deserving of clemency. In a speech to the New York State Bar Association, Deputy Attorney General James Cole told attendees that the Justice Department wanted more names to forward to the White House -- and that the defense bar could be of assistance.

Synthetic Drugs

Minnesota Synthetic Drug Bill Wins Committee Vote. Minnesota's House Select Committee on Controlled Substances and Synthetic Drugs Wednesday approved a bill that would toughen laws against new synthetic drugs by expanding the definition of "drug" under the law to include any "substance or derivative… when introduced into the body, induces an effect substantially similar to… controlled substance regardless of whether the substance is marketed for the purpose of human consumption." The legislation would also empower the Board of Pharmacy to execute "cease and desist" orders on stores that sell the substances.

International

Israeli Cops Keep Arresting Small-Time Hash Possessors, Despite Prosecutor's Instructions to Lay Off. Israeli police keep arresting people for small-time hashish and marijuana possession even though longstanding policy directives from the attorney general instruct them not to. The state prosecutor's office said Wednesday it hadn't instructed them to do so.

Bermuda Marijuana Reform Group Seeks Input. The Cannabis Reform Collaborative (CRC) is soliciting for public input and is inviting members of the community to submit their thoughts and research on the topic of cannabis reform. Click on either link for complete details.

Drug Prohibition Leads to Central America Deforestation, Study Finds. Drug trafficking threatens forests in remote areas of Honduras, Guatemala, Nicaragua, and other nearby countries, according to a research report in Science magazine. Most media outlets have portrayed the finding as "Drug Trafficking Leads to Central America Deforestation," but as the authors of the article note, "Drug policies are also conservation policies, whether we realize it or not. US-led militarized interdiction, for example, has succeeded mainly in moving traffickers around, driving them to operate in ever-more remote, biodiverse ecosystems. Reforming drug policies could alleviate some of the pressures on Central America's disappearing forests." The article is Drug Policy as Conservation Policy: Deforestation; available to members or subscribers.

Medical Marijuana Update

The Colorado Supreme Court will take up an important medical marijuana employment rights case, Connecticut selects marijuana producers, Massachusetts gets ready to announce who gets dispensaries, California localities keep moving to restrict cultivation, and more. Let's get to it:

California

Last week, Fremont delayed moving ahead with a ban on visible outdoor grows. Police and city planners had hoped to enact the ban, but the Planning Commission raised concerns about the hazards of indoor cultivation if growers are all pushed indoors. "With indoor cultivation, there are increased fire hazards, more spikes in illegal electricity use that is off the grid, and increased environmental degradation, such as mold," said Commissioner David Bonaccorsi. The Planning Commission voted 4-3 last week against the plan, but that vote is not binding, and the city council could approve the ban at its February 11 meeting.

On Tuesday, the Shasta County board of supervisors voted to ban all outdoor grows. The vote was unanimous and goes into effect in 30 days. The move also restricts indoor grows to 12 plants or fewer. The board had originally proposed allowing outdoor grows on parcels on 10 acres of more, but went for the tougher line after Sheriff Tom Bosenko told the supervisors that a complete ban on all outdoor grows would make it easier to enforce, saying that if someone saw a garden, then it was obviously illegal.

Also on Tuesday, the Butte County board of supervisors approved tough new grow rules for the second time. The rules would limit the size of medical marijuana grows to 150 square-feet on properties 10 acres or larger, 100 square-feet on properties five to 10 acres, and 50 square-feet on properties from a half-acre to five acres. On lots smaller than a half-acre, only indoor grows of less than 120 square-feet would be allowed in a building dedicated to the crop. The vote was unanimous. A final vote is set for February 11.

Colorado

On Monday, the state Supreme Court said it would take up a medical marijuana employment case. Brandon Coats, a quadriplegic, was fired from his job for using marijuana during his off hours. The court said it would look not just at whether a special Colorado law that protects legal off-the-clock activities covers marijuana. For the first time, the court announced it will also look at whether Colorado's constitution gives medical marijuana patients a right to cannabis. Colorado's Court of Appeals has previously ruled that patients don't have a right to use marijuana and that employers can fire workers for any marijuana use.

Connecticut

On Tuesday, state officials announced the selection of four medical marijuana producers. Consumer Protection Commissioner William Rubenstein, joined by Governor Dannel Malloy, Lt. Governor Nancy Wyman and other officials, announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. The anointed growers are Advanced Grow Labs, LLC of West Haven, Connecticut Pharmaceutical Solutions, LLC of Portland, Curaleaf, LLC of Simsbury, and Theraplant, LLC of Watertown.

Georgia

On Tuesday, a bill to allow epileptic children to use high-CBS cannabis oil was filed. State Rep. Allen Peake (R-Macon) said he was moved to file it after hearing from the parents of desperately ill children.

Massachusetts

On Monday, the Department of Public Health said it would issue licenses this week for up to 35 dispensaries. Under state law, each county can have up to five dispensaries.

Oregon

Last Thursday, the Ashland city council voted to allow dispensaries. It had previously enacted an ordinance effectively banning them by enacting a provision that allowed business licenses to be denied for unlawful activity.

Pennsylvania

On Tuesday, medical marijuana got a hearing at the legislature. The Senate Law and Justice Committee heard testimony on Senate Bill 1182. After emotive testimony, five more senators signed on a cosponsors of the bill.

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

Chronicle AM -- January 29, 2014

Superbowl-linked banners chiding the NFL on marijuana policy go up, drug testing of students, workers, and welfare recipients is in the news, a federal sentencing reform bill picks up support, Guatemalan peasants pick up rocks and sticks to chase off eradicators, and more. Let's get to it:

MPP's Superbowl billboards take advantage of the hoopla to challenge the NFL.
Marijuana Policy

Obama's State of the Union Remarks on Marijuana Policy. Sorry, there weren't any. Nor did he speak about sentencing reform or any other aspect of drug policy.

Superbowl Banners Chide NFL on Marijuana Hypocrisy. The Marijuana Policy Project has launched a billboard blitz on the NFL, using five billboards around MetLife Stadium, where the game will be played Sunday, to highlight the hypocrisy of the leagues' marijuana policy. The group also delivered a petition with more than 12,000 signatures to league headquarters in New York City Wednesday calling on the league to stop punishing players for using pot.

Wall Street Journal/NBC Poll Has Support for Legalization at 55%. Yet another poll is out showing majority support for marijuana legalization. The Wall Street Journal/NBC News poll has it at 55%. Click on the link for more details.

Nevada Legalization Advocates Focus on 2015. Nevada marijuana activists are crafting language for an initiative to legalize the herb with an eye on gathering enough signatures this year and next to put the measure before the state legislature. If the legislature then fails to approve it, it would go before the voters in 2016.

Medical Marijuana

Connecticut Announces Selection of First Medical Marijuana Producers. State officials Tuesday announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. Each of the four businesses now must establish escrow arrangements in the amount of $2 million, and pay their annual license fee, at which time their operating license will be issued. Producers must be operational within 180 days of licensure. Additional information about the licensed producers will be made available in the near future.

Harm Reduction

10th Annual National Harm Reduction Conference Set for Baltimore in October. This is the nation's largest annual harm reduction event. Click on the link for all the details.

Drug Testing

New Jersey School District Abandons Random Student Drug Testing Bid. The Northern Valley Regional School District has given up its effort to impose random drug testing on students involved in extracurricular activities. After a year of debate, with many parents fiercely opposing the plan, the school board voted it down 5-4.

Maine Workplace Drug Testing Bill Under Consideration. A bill backed by conservative Republican Gov. LePage and the state Department of Labor is designed to encourage an expansion of drug testing by private employers. Legislative Document 1669 would remove the current provision that requires employers to maintain an employee assistance program and pay for half the costs of drug treatment. The bill would also make it easier for employers to identify potential drug abuse by creating a probable standard for testing that could be triggered by a single accident within the workplace. The bill is opposed by labor unions and the ACLU of Maine, which calls it a serious invasion of employee privacy.

Indiana Welfare Drug Testing Bill Passes House. A welfare drug testing bill easily passed the Republican-dominated House Tuesday. House Bill 1351 would require welfare applicants to take a written test that measures their propensity to use drugs. Those whom the test says are likely to be drug users would be required to undergo drug testing. Persons who fail the drug test could keep their benefits, provided they undergo drug treatment. But, as bill critic Rep. Vanessa Summers (D-Indianapolis) pointed out, the state doesn't offer low-cost drug treatment. The bill now goes to the state Senate.

Sentencing Reform

Federal Smarter Sentencing Act Picks Up More Supporters. The Smarter Sentencing Act of 2013, which would reduce the use of mandatory minimum sentences for drug offenses, give judges more discretion to sentence beneath the mandatory minimums, and apply retroactive sentence reductions to some crack cocaine offenders, has picked up more support this year. It was introduced with two cosponsors, Sens. Mike Lee (R-UT) and Patrick Leahy (D-VT). Sens. Sheldon Whitehouse (D-RI), Rand Paul (R-KY), and Angus King, Jr (I-ME) came on board last fall, and Sens. Martin Heinrich (D-NM), Carl Levin (D-MI), and Jeff Flake (R-AZ) have joined as cosponsors this month. The link is to the bill itself.

International

Canada Opposing Harm Reduction Policies in UN Fight. In the fight over new guidelines for the global drug control regime at the United Nations, Canada is opposing efforts to place a stronger emphasis on harm reduction measures. Drug policy groups monitoring the negotiations say Canada has joined ranks with China, Egypt, Iran, Pakistan and Russia in aggressively opposing European endorsements of health policies aimed at reducing harms, such as HIV transmission, among drug users. Canada also opposes the participation of nongovernmental organizations (NGOs) in future UN drug policymaking sessions. "The Government of Canada believes that the best way to address the public health consequences of injection drug-use is to prevent people from using illicit drugs in the first place," said a Canadian government spokesperson, refusing to elaborate further.

Guatemalan Peasants Attack Opium Poppy Eradicators. Scores of opium-growing peasants in a community near the Mexican border attacked a national police contingent sent out to eradicate their crops Monday. Indian peasants in Tajumulco blocked the way and threw rocks, sticks and incendiary bombs at the contingent to stop it from reaching the croplands. Three police officers were injured, but police said they would continue eradication efforts. Last month, Guatemalan President Otto Perez Molina floated the idea of legalizing the poppy crop.

No Marijuana Decriminalization for Guyana, Home Affairs Minister Says. Guyanese Home Affairs Minister Clement Rohee Tuesday shot down any talk of liberalizing the country's marijuana laws. "As we speak at this point in time, at twenty minutes to five, on the twenty-eighth day of January, the position and the policy of the government of Guyana is to pursue a zero tolerance policy in respect of trafficking in narcotics, possession of narcotics and any other form of activity in respect of drugs that are deemed illegal according to the laws of our country and according to the treaties and conventions of an international nature which we have signed on to," the Home Affairs Minister declared.

Jamaican Government Still Scared of Western Opposition to Marijuana Reform. Foreign Affairs Minister AJ Nicholson warned Monday that Jamaica must proceed cautiously with calls to decriminalize or legalize marijuana because of fears of violating global drug control treaties and offending the US and European countries. "There is no consideration at this time about changing the treaties, but there are still some concerns about how some Western countries would view our move towards decriminalize, depenalize or anything like that," he said.

Filipino Legislators Ponder Medical Marijuana. Minority lawmakers in the Philippines are considering medical marijuana. Rep. Rodolofo Albano III said that he planned on filing a bill in March that would permit the sale and purchase of cannabis strictly for medical use.

Chronicle AM -- January 28, 2014

The hemp amendment gets included in the farm bill, Colorado's Supreme Court will review medical marijuana patients' employment rights, we have a couple of drug war horror stories, Mexico's security apparatus is joining forces with anti-cartel vigilantes, Saudi Arabia's premarital drug testing program isn't working, and more. Let's get to it:

Destiny Hoffman sat in jail for 154 days after a drug court judge forgot about her. (Clark Co. Jail)
Marijuana Policy

New Poll Has Rhode Island Majority for Legalization. A Public Policy Polling survey conducted at mid-month has 53% of Rhode Island voters in favor of changing state law to regulate and tax marijuana like alcohol. Only 41% were opposed.

Wisconsin Marijuana Legalization Bill to Be Filed. State Rep. Melissa Sargent (D-Madison) is looking for cosponsors for a marijuana legalization bill. The bill, not yet filed, would allow adults to possess limited amounts of pot and create a system of regulated marijuana commerce.

Medical Marijuana

Colorado Supreme Court to Review Case of Fired Medical Marijuana Patient. The state Supreme Court announced Monday that it would review the case of Brandon Coats, a quadriplegic who was fired from his job for using medical marijuana on his own time. For the first time, the court will consider whether the state constitution gives residents a right to use medical marijuana. A state appeals court had ruled that patients don't have a right to use marijuana, and that employers can fire them for any marijuana use.

Georgia CBD Medical Marijuana Bill to Be Filed Today. State Rep. Allen Peake (R-Macon) was expected to file a bill today that would allow children suffering from epileptic seizures to use high-CBD cannabis oil. The bill has not appeared on the legislative web site as of this afternoon.

Hemp

Hemp Amendment Included in Farm Bill, Votes Coming Soon. Congressional negotiators have included an amendment allowing for research into the uses of industrial hemp in the omnibus farm bill. Votes in both houses of Congress are expected soon.

Drug Testing

Testing for Drugs of Abuse a Multi-Billion Dollar Industry. Thar's gold in them thar urine samples, and we're not talking about the color of the liquid within. According to a new research report from Transparency Market Research, the global market in testing for drugs of abuse was valued at $2.6 billion in 2012 and is expected to grow at an annual rate of 4.8%, reaching a value of $3.4 billion by 2018. The report notes that North America, including the US, is the largest market for drug testing, followed by the UK, Japan, Germany, and other European countries.

White House Okays Drug Testing Database Plan for Truckers. The White House's Office of Management and Budget Monday signed off on a Department of Transportation draft rule that would establish a central database for positive drug and alcohol tests for commercial driver's license holders. Such a move was required by the 2012 highway spending authorization bill. It would require the employers of CDL license holders to report positive test results and refusals to the central database. Previously, results were only disclosed by carriers to other carriers seeking employment verification.

Law Enforcement

Drug Dog Bites Off Part of Woman's Face. An Oklahoma woman suffered severe injuries after a police drug dog searching her vehicle lunged into her car and bit her in the face. Emily Newman had been pulled over for speeding when a Cherokee Nation marshal asked if he could have a drug dog sniff her vehicle. The officer took her to a nearby hospital, while another officer took a family member back to the scene to pick up a piece of her face left lying on the road. It was later stitched back on at the hospital. Police said unspecified drug charges are pending.

Drug Court Judge Forgets He Jailed Woman for 48 Hours; She Rots There for 154 Days. An Indiana woman sentenced to 48 hours in jail for having violated her drug court program sat there for more than five months because her judge failed to order her release. Emily Hoffman had provided a diluted drug test, and drug court Judge Jerry Jacobi ordered her "to be held until further order of the court." The order was done without a hearing or the presence of legal counsel. Hoffman rotted behind bars until a county prosecutor reviewing old cases noticed her and ordered her immediately released. Hoffman's attorney said a civil suit is likely.

International

New Zealand Labor Party Not Interested in Marijuana Decriminalization. The Labor Party has no intention of decriminalizing marijuana even as it courts the Green Party as a potential coalition partner after upcoming elections. The Greens have long called for decriminalization and reiterated that call this week, but only half-heartedly, making clear that the issue wouldn't be a deal-breaker in coalition negotiations.

Saudi Arabia Premarital Drug Testing A Flop, Health Ministry Says. A mandatory drug testing program for prospective brides and grooms has proven useless in determining addiction levels and thus determining marriage eligibility, a top Health Ministry official said. The testing program was made mandatory after reports of widespread drug use among Saudi youth, but the ministry found that "addicts" fooled the test by abstaining from using drugs before undergoing it. [Editor's Note: "Addicts" who are able to abstain from their drug at will sort of beggar the notion of addiction.]

Canada Supreme Court Rejects Random Drug and Alcohol Testing of Employees. In a decision Monday, the Canadian Supreme Court ruled that an arbitrator's decision striking down an employer's random alcohol testing program was reasonable. The company, Irving Pulp and Paper, had unilaterally imposed the testing program, and the employees' union challenged it. The case is Communications, Energy and Paper Union of Canada, Local 30 v Irving Pulp & Paper, Ltd.

Mexico Reaches Agreement with Vigilantes to Form Rural Police. Mexican authorities and anti-cartel vigilantes in the western state of Michoacan reached an agreement Monday that would turn the paramilitary forces into "rural police." The agreement is "the integration of citizen groups into institutional life," the interior ministry said, and requires the vigilantes to provide a list of their members and arms to be vetted by security forces. In return, the authorities will provide the new rurales with "the necessary tools for their communication, movement and operation." The vigilantes are at war with the Knights Templar Cartel; some, including Knights Templar members, have accused them of being a front for another cartel, New Generation Jalisco.

Chronicle AM -- January 27, 2014

Florida's medical marijuana initiative will go to the voters in November, the DEA administrator is being both jeered and cheered for her criticism of President Obama's remarks on marijuana, the Supreme Court makes it harder to punish drug dealers for deaths related to their wares, and much more. Let's get to it:

Drug War Chronicle takes no position on the game.
Marijuana Policy

DEA Head Criticizes Obama Marijuana Remarks, Faces Calls to be Ousted. DEA Administrator Michele Leonhart last week got a standing ovation from a convention of sheriffs when she criticized President Obama's remarks on the relative safety of marijuana compared with alcohol. But now, drug reformers are calling for her head.

Colorado and Washington NORML in Superbowl "Bud Bowl" Challenge. The contenders in Sunday's NFL Superbowl game, the Denver Broncos and the Seattle Seahawks, both come from states where marijuana is legal. In honor of their hometown teams and their respective states' legal marijuana status, NORML chapters in Washington and Colorado have engaged in a friendly wager. If the Denver Broncos win, WA NORML has agreed to dress in Bronco colors of blue and orange and sing Karaoke-style Colorado's (second) official state song "Rocky Mountain High" by John Denver. If the Seattle Seahawks win, CO NORML will do the same, but in Seahawk blue and green and singing "Purple Haze" by Jimi Hendrix, a native son of Seattle. [Ed: StoptheDrugWar.org has no position on either the game or the wager.]

New Jersey State Senator Announces Plans to Introduce Marijuana Legalization Bill. State Sen. Nicholas Scutari (D) said late last week that he plans to introduce a bill to legalize marijuana. The bill is not yet filed, but envisions language that would tax and regulate marijuana like alchohol.

Harris County (Houston) DA Says Decriminalize It. Responding to Texas Gov. Rick Perry's (R) remarks last week in Davos that he supported decriminalization of marijuana possession, Harris County DA Devon Anderson said she agrees with his call for decriminalization.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes last Thursday reiterated his request that the Washington State Liquor Control Board increase the number of marijuana retail stores allowed in the city. The board has set the number at 21, but Holmes has said that is not going to be enough.

Oregon Marijuana Legalization Referendum Bill Filed. State Sen. Floyd Prozanski (D-District 4) and several cosponsors have introduced Senate Bill 1556, which would legalize, tax, and regulate marijuana possession and commerce for adults. If passed by the legislature, the measure would then go before voters on the November ballot.

Medical Marijuana

Florida Supreme Court Approves Medical Marijuana Initiative -- It's Going to the Voters! The Florida Supreme Court Monday removed the final obstacle to the state's medical marijuana initiative appearing on the November ballot. It rejected a challenge to the measure's language by Attorney General Pam Bondi (R). The initiative has already had enough signatures validated to qualify. Click on the link to read the opinion and the text of the initiative.

Guam Medical Marijuana Bill Now Calls for Referendum. Sen. Tina-Muna Barnes, sponsor of medical marijuana Bill 215, announced Monday that she has rewritten the bill "to allow for a referendum, thus placing the question before the People of Guam in the 2014 General Election." She made the change, she said, because "the overwhelming majority of senators from both parties felt that an issue of this importance should be decided by the people directly."

Medical Marijuana Dispensary Licenses Set To Be Awarded In Massachusetts. The state Department of Public Health says it hopes to award up to 35 medical marijuana dispensary licenses this week. More than a hundred applications have been submitted. State law allows up to five dispensaries in each county in the state.

Drug Testing

Bangor (PA) School District Wants Random Drug Tests for Teachers. A policy that would make the Bangor Area School District the only one in the state to require random, suspicionless drug testing of teachers is part of negotiations for a new union contract. The contract being discussed wouldn't impose random drug testing, but would require teachers to put it to a vote. The issue came to the fore in the area after a teacher died of a heroin overdose in the apartment of a wrestling coach in 2009.

Illinois Welfare Drug Testing Bill Introduced. State Rep. Dwight Kay (R-Glen Carbon) has introduced a bill that would require welfare applicants to undergo a drug test before becoming eligible to receive benefits. House Bill 4255 does not include an intermediary step of drug screening to determine which applicants are likely to be drug users, but goes straight to testing all applicants. The federal courts have found similar laws unconstitutional.

Sentencing

US Supreme Court Restricts Heroin Death Sentencing Enhancement. The US Supreme Court ruled Monday that a heroin dealer cannot be held liable for a customer's death if the heroin use was only a contributing factor and not necessarily the sole cause. Federal law imposes a 20-year mandatory minimum sentence when "death or serious injury results from the use" of an illegal drug, and prosecutors have used the statute to win the tough sentences, but the high court held Monday that prosecutors must prove that the drug was the specific cause of death, not just a contributing factor. The case is Burrage v. United States.

San Francisco Jail Population Dropping Because of Decrease in Drug Arrests. A report from the San Francisco board of supervisors' budget analysts says the jail population has dropped because of decreased drug arrests and city policies that promote alternatives to incarceration. The jail population is down 30% since 2008. The report comes as supervisors wrangle over whether the city needs a new jail and how big it should be.

Law Enforcement

DEA Busts Bitcoin Exchange CEO for Silk Road Money Laundering. Charlie Shrem, the CEO of BitInstant, a Bitcoin exchange, has been arrested by the DEA and is charged with money laundering for selling over $1 million in Bitcoins to users of the Silk Road dark web drug sales site, who used the currency to buy drugs there. Shrem faces federal money laundering charges. Shrem and an unnamed coconspirator were both charged. "Hiding behind their computers, both defendants are charged with knowingly contributing to and facilitating anonymous drug sales, earning substantial profits along the way," DEA agent James Hunt said in a release.

Virginia Bill to Criminalize "Secret Compartments" Filed. A bill introduced by state Sen. Chap Petersen (D-Fairfax) would make it a crime to knowingly have a secret compartment in a car -- even if there isn't anything in it. The bill, Senate Bill 234, makes having such a compartment a felony and defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

International

Mexican President Invites Anti-Cartel Vigilantes to Join Security Forces. Mexican President Enrique Pena Nieto said last Thursday that anti-cartel vigilantes or militias were a result of institutional weakness within national security forces and asked them to join those same security forces. He asked them to do "to do it by observing the principles and formalities of the law, fulfilling the requirements to become part of the security corps." The vigilantes are engaged in ongoing battles with the Knights Templar cartel in the state of Michoacan.

Dutch MP Calls on Government to Allow Marijuana Growing Pilot Projects. Labor MP Marith Rebel called last week for Justice Minister Ivo Opstelten to allow experiments with the legal production of marijuana. "Turning a blind eye to the fact the cafes are selling marijuana but not recognizing the fact they also have to buy it is helping criminals," Rebel said. Opstelten last month rejected calls from local councils to allow regulated grows, even though polls show majority support for the move.

New Zealand Greens Will Push for Marijuana Decriminalization, But Not Too Hard. New Zealand's Green Party says it will push for decriminalization in any post-election negotiations with Labor, but that the issue will not be a deal breaker. "I would like to progress a vast amount of our policy, and that would be one," said party coleader Metiria Turei. "We believe a drug-free lifestyle is the healthiest, but we don't believe people should be convicted of a crime, adults, if they smoke cannabis. So we still consider decriminalization is the wisest policy." But she also said the party had no bottom lines as it ponders the prospect of a coalition government with Labor.

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

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