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California's Latinos Are Ready for Sentencing Reform, Poll Finds [FEATURE]

A bill that would significantly reform California's drug sentencing laws is poised for approval in the state Senate, and a new poll showing strong support for sentencing reform among Latino voters could help push it over the top.

California's prisons are still overcrowded. (supremecourt.gov)
Senate Bill 1010, the Fair Sentencing Act, would equalize the penalties for sale of crack and powder cocaine. Under current California law, crack offenses are treated more harshly than powder cocaine offenses. The bill would also equalize probation requirements and asset forfeiture rules for offenses involving the two forms of the same drug.

Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill passed the Senate Public Safety Committee last month and the Senate Appropriations Committee last week. It now heads for the Senate floor. It needs to pass in its chamber of origin this month or it dies.

The bill is supported by dozens of community, religious, civil liberty, civil rights, drug reform, and other groups. It is opposed by the California Narcotics Officers Association and the California Police Chiefs Association.

Among Latino groups supporting the bill are the National Council of La Raza, the Coalition for Humane Immigrant Rights, Homies Unidos, the Latino Voters League, the Mexican American Legal Defense and Education Fund (MALDEF), and Presente.

The poll results released today by Latino Decisions help explain why these groups are supporting sentencing reform efforts and may even encourage them to redouble their efforts. They show strong support for sentencing reform among California's Latino electorate. The poll only sampled registered voters.

When asked if the state should minimize penalties for drug possession, but continue to hold drug sellers accountable, a whopping 69% said yes. The lowest level of support among any Hispanic demographic was 59% among 40-to-59-year-olds.

When asked if racial disparities in law enforcement were a serious or very serious problem, an even more overwhelming 82% said yes. Even among Latino Republicans, the demographic least likely to be concerned, the figure was at 57%.

A third question asked whether respondents favored penalties for personal drug possession of drug treatment, case by case referrals, or zero tolerance. Again Latino voters overwhelmingly supported treatment or case by case (79% combined) over zero tolerance (16%).

"We're very excited to see the results of this poll," said Arturo Carmona, executive director of Presente, during a teleconference announcing and analyzing the results. "It's very clear that the poll findings reaffirm that Latinos want drug sentencing reform and a fix to our broken justice system. If politicians want to mobilize the Latino vote, they need to support these issues. Over the coming weeks and months, Latinos and allied groups will be working to support common sense reforms like this bill."

That only makes sense, Carmona said.

another drug arrest in California. (wikimedia.org)
"These issues are having a significant impact on our society, our state, and increasingly, the Latino community," he argued. "The US imprisons more people than any nation in the world, mostly due to the war on drugs, and blacks and Latinos are far more likely to be criminalized than whites. When you add in the federal detention center population, Latinos now make up the largest federal prison population in the country."

Dr. Adrian Pantoja, a senior analyst with Latino Decisions, emphasized that the poll was of registered Latino voters.

"These are folks who are part of the political process," he said. "These are the Latinos who will be voting and helping to shape our politics. And among them, we have a rejection of war on drugs strategies and incarceration, with large majorities across the board supporting sentencing reform for drug possession and use."

"It's evident that the Latino community is in a state of crisis," said Armando Gudino, a policy associate with the Drug Policy Alliance. "This is the community most disproportionately impacted by the war on drugs and unprecedented levels of incarceration. Latinos are fully aware of this, and we've begun to shift toward more responsible policies seeking to remove or reduce criminal penalties."

The poll demonstrates that attitudes are changing in the Hispanic community, Gudino said.

"Latinos have traditionally been deemed a conservative group, but we see shifting attitudes, and we could well see support we haven't seen in the past," he noted. "The older generation is more conservative, but the community isn't homogenous, and the same can't be said about other groups within the community, who have already shifted toward favoring issues like decriminalization, medical marijuana, and the efforts around taxing and regulating marijuana. This poll demonstrates that the Latino community is increasingly involved, informed, and willing to make changes."

"Latinos are now a majority in California, we have a seat at the table, and it's critical we're part of this conversation," said Mike De La Rocha, director of strategic partnerships for Californians for Safety and Justice. "Latinos are poised to have a voice in how we address crime and public safety. We understand our approach to crime isn't working, and we're finding our voice in these criminal justice debates."

Chronicle AM -- May 20, 2014

The organized opposition in Alaska gets a donation, medical marijuana is finally moving in the New York Senate, the Fair Sentencing Act picks up another sponsor, there's more violence in Mexico, and more meth in Asia, and more. Let's get to it:

Marijuana Policy

Alaska Group Opposed to Legalization Initiative Gets First Big Contribution. The organized opposition to Alaska's marijuana legalization initiative has received its first large cash donation. The group Big Marijuana, Big Mistake, Vote No on 2 received $25,000 from the Chenaga Corporation, an Alaska Native company. No word on how the Campaign to Regulate Marijuana Like Alcohol in Alaska is doing on fundraising, but it is backed by the Marijuana Policy Project.

Wyoming Legislator Campaigns for Reelection on Marijuana Legalization Platform. Rep. James Byrd (D-Laramie) is seeking a fourth term in the state legislature, and he said in an interview Monday that marijuana legalization, jobs, and education would be some of his leading priorities if he is reelected. This year, Byrd authored a bill to decriminalize possession in the Cowboy State. It was defeated, but he is carrying on unabashed.

Medical Marijuana

New York Medical Marijuana Bill Finally Moving in Senate; Wins Committee Vote. The state Senate Health Committee today narrowly approved Senate Bill 4406, the Compassionate Care Act. Similar bills have been approved by the Assembly in recent years, but this marks the first time the Senate has taken up the issue. If allowed to the Senate floor for a vote, the bill is expected to pass.

Sentencing

Federal Smarter Sentencing Act Picks Up Another Sponsor. And then there were 31; 19 Democrats and 12 Republicans. The latest cosponsor is Rep. Rick Larsen (D-WA). The bill, House Resolution 3382, would reduce some mandatory minimum drug sentences, allow judges to sentence below the mandatory minimum in some circumstances, and allow people sentenced under old crack cocaine laws to be resentenced. The bill has been stalled in a House Judiciary Committee subcommittee since January.

Law Enforcement

NSA, DEA "Blurring the Lines" Between War on Drugs and War on Terror. The latest article based on leaked documents from Edward Snowden, published by Glenn Greenwald and crew, shows how the NSA and the DEA have merged the war on drugs and the war on terror since the 2001 attacks on New York City and Washington, DC. The story details how the NSA recorded "virtually every" cell phone call in the Bahamas using a DEA "backdoor" to get into the Bahamian phone networks. The authors worry that if the NSA is using intelligence gained under the guise of fighting the war on drugs for counter-terrorism or other spying purposes, it could endanger the cooperation of host countries.

International

Rep. Sam Farr (D-CA) to Hold Briefing on Drug Policy in Latin America. There will be a briefing on the current state of drug policy in Latin America and potential implications for US policy hosted by Rep. Sam Farr (D-CA) at the Congressional Meeting Room South at 10:00am, Thursday, May 29. The panelists are Ambassador Paul Simons, executive director of the Inter-American Drug Abuse Control Commission of the OAS; John Walsh, senior associate for drug policy and the Andes at the Washington Office on Latin America; and Vanda Felbab-Brown, senior fellow at the Brookings Institute. For more information, contact Caitie Whelan in Rep. Farr's office.

More Drug War Violence in Mexico's Northeast. Another seven bodies have been discovered in the northeastern state of Tamaulipas, which is undergoing a renewed surge of violence as competing cartels fight with each other and the security services. The four men and three women were found Sunday night in an abandoned car in the port city of Tampico. More than a hundred people have been killed in the drug wars in Tamaulipas in the past month, and the federal government announced last week that it is stepping up operations in the state.

More Meth, More New Synthetics as Asia Becomes World's Largest Stimulant Market, UN Report Says. Asia is the world's largest market for stimulants, with methamphetamine seizures there tripling to at least 36 tons over the past five years, according to a new report from the UN Office on Drugs and Crime. The report, the Global Synthetic Drugs Assessment 2014, also found that new synthetic drugs -- or New Psychoactive Substances (NSPs) in UN-speak -- are expanding rapidly as well, and are often found in substances marketed as traditional amphetamines or Amphetamine Type Substances (ATSs).

(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 -- May 19, 2014

The feds will still arrest you for marijuana possession on their property in DC even though the city has decriminalized, Chicago cops will still arrest you for possession even though they could just give you a ticket, decrim initiatives are coming to Kansas cities, Minnesota becomes the 22nd medical marijuana state, Mexico doesn't want to legalize it, and more. Let's get to it:

The Taliban's Pakistani cousins are financing operations by taxing the drug trade, a new report says. (wikimedia.org)
Marijuana Policy

DC US Attorney Will Still Prosecute Marijuana Possession on Federal Property. No matter that the District of Columbia has decriminalized the possession of small amounts of marijuana. The office of the US Attorney for the District says anyone caught with pot on federal property could still be prosecuted under federal law, but that decisions will be made on a case-by-case basis. "Individuals arrested for merely possessing, but not using, less than one ounce of marijuana on federal property would be presented to our office for potential prosecution under federal law," said William Miller, public information officer for the DC US attorney. "We will assess each case on an individualized basis, weighing all available information and evidence, consistent with Justice Department enforcement priorities and the need to use our limited investigative and prosecutorial resources to address the most significant threats to public safety. We rely heavily on diversion programs in our local marijuana prosecutions, and would likely do the same with respect to federal offenses."

Despite Ticketing Ordinance, Chicago Cops Still Arresting People for Pot Possession. A 2012 Chicago ordinance allows police to ticket small-time marijuana possession offenders instead of arresting them, but the cops keep arresting people anyway, according to a study released today by the Illinois Consortium on Drug Policy. The study, "Patchwork Policy: An Evaluation of Arrests and Tickets for Marijuana Misdemeanors in Illinois," is available here. In Chicago, 93% of small-time pot possession violations resulted in arrest, not tickets, the study found. That's worse than other Illinois localities that have adopted similar measures. But the Chicago Police say implementing the new ordinance is slow and that the number of people arrested for misdemeanor possession dropped by 5,000 between 2011 and 2013.

Marco Rubio Says No Responsible Way to Smoke Pot. In an interview airing today, junior Florida senator and possible Republican 2016 presidential candidate Marco Rubio refused to say whether he had ever used marijuana, came down in opposition to decriminalization, and said there was no "responsible" way to smoke pot. "I don't want my kids to smoke marijuana. And I don't want other people's kids to smoke marijuana. I don't think there is a responsible way to recreationally use marijuana," he said. "The bottom line is, I believe that adding yet another mind-altering substance to something that's legal is not good for the country," he said. "I understand there are people that have different views on it, but I feel strongly about that."

Decriminalization Initiative Campaigns Underway in Wichita, Other Kansas Cities. Kansas for Change, a group that seeks to legalize marijuana in the Jayhawk State, is taking aim this year at the state's largest city, among others. The group is now gathering signatures to put a decriminalization initiative before the Wichita city council. If the group can gather 4,300 signatures, the council must either approve the measure or put it before the voters. Similar petition drives are also ongoing in Emporia, Lawrence, Salina, Topeka, and Wyandotte County (Kansas City, KS).

Medical Marijuana

Minnesota Legislature Passes Compromise Medical Marijuana bill, Governor Will Sign It. Minnesota is set to become the 22nd medical marijuana state after the state House and Senate gave final approval Friday to compromise legislation that will provide some patients access to medical marijuana, but not allow them to smoke it. Patients are allowed to use it in the form of liquids, pills, and oils, including those produced from whole plant extracts, as well as through vaporization, but cannot use it in its standard form of buds. Two marijuana product manufacturers will be registered by the state, with eight distribution centers, and only pharmacists will be allowed to dispense it.

Drug Policy

The Incredible Whiteness of Drug Policy Reform. Celebrity Stoner's Steve Bloom has held up a mirror to the face of the American drug reform movement and is blinded by the white. Responding to a critique of marijuana reform groups from Drug Policy Alliance board member Dr. Carl Hart that "their rank and file to their advisory boards consists almost exclusively of white, privileged and devoted marijuana smokers," Bloom decided to take a look. He surveyed seven major reform groups and found that of 325 staff and board members, only 19 were black, 12 were Latino, and nine were Asian. The movement does a bit better on gender, with 101 women. Click on the link for all the details.

International

Mexico Poll Finds Little Support for Marijuana Legalization. A poll commissioned by the Mexican congress's lower house as it ponders marijuana reform legislation has found little popular support for it. The survey carried out by the chambers Center for Social Studies and Public Opinion found that 70% opposed legalization, with only 20% in favor. And nearly 62% said legalizing marijuana would have no or little impact on drug trafficking and associated crime and violence. Click on the link for more details.

Jamaica Religious Figure Gives Blessing to Marijuana Sector. The Rev. Rennard White, president of the Missionary Church Association and vice-president of the Jamaica Evangelical Alliance, has said that marijuana can be a panacea for Jamaica's economic problems. "I hope the ganja industry will come of age and be properly treated with so we can reap the maximum benefit with minimum loss," White told congregants at the Covenant Moravian Church Sunday. His remarks were greeted "with thunderous applause."

US Says it Welcomes Progress in Colombia Peace Talks. After the Colombian government and the guerrillas of the FARC announced agreement on drug issues Friday, the State Department has now responded. "The United States welcomes the announcement of further progress in efforts to achieve the peace the Colombian people deserve through negotiations," Secretary of State Kerry said in a statement. "Resolving the question of narcotics production and trafficking is central to achieving that peace. We congratulate president Santos and the Colombian government for this advance," he added. Kerry went on to say that "Colombian government officials underlined the importance of maintaining both manual and aerial eradication capabilities," although the joint communique from the FARC and the Colombian government says that aerial eradication will only be a last resort conducted in conjunction with the wishes of local communities.

Pakistani Report Says Militants Being Financed By Taxing Drug Trade. A report prepared by Pakistani security services says militant groups based in the Kyhber Agency, the Frontier Region, and Peshawar are depending on a number of criminal activities, including taxing the drug trade from bordering Afghanistan, to finance their activities. One group even organizes a "hash fair" thrice a week in Orazkai Agency, the report said. But other than that, the groups rely on taxation and not direct involvement in the drug trade.

Chronicle AM -- May 16, 2014

The DEA is in the hot seat, it looks like Minnesota will be the next medical marijuana state (but they won't be able to smoke it), California could actually get around to regulating its dispensary system, California voters will vote on whether to drug test doctors (!), the Russians are snarking about Afghanistan, and more. Let's get to it:

DEA administrator Michele Leonhart may be approaching her "sell by" date, and so may the agency she heads. (doj.gov)
Marijuana Policy

Federal Grand Jury Investigating Northern California County's "Pay to Plead Down" Program for Marijuana Defendants. Critics of the Mendocino County program that offers pot defendants a chance to cop a plea to a lesser charge in exchange for "sizeable restitution payments" call it the "Mendo shakedown." Under the program, defendants agree to pay $50 for each plant seized and $500 per pound, typically in exchange for a misdemeanor plea. It has generated $3.7 million in payments to local law enforcement agencies, and supporters say it is a way to reduce the logjam of marijuana cases, not subject local growers to harsh sentences, and compensate police for their marijuana enforcement work. Now, a federal grand jury is looking into it. The Santa Rosa Press-Democrat has a lengthy report; click on the link.

Medical Marijuana

California Medical Marijuana Regulation Bills Poised for Movement. Two bills seeking to bring some order to California's Wild West medical marijuana industry are set to move in coming days. Assembly Bill 1894, filed by Tom Ammiano (D-San Francisco) could get a floor vote in the Assembly before month's end, which it must do to stay alive. In the Senate, a similar -- but not a companion -- bill will go the Appropriations Committee on Monday. Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), also must pass out of its chamber of origin by the end of the month or it dies, too.

Minnesota Will Get Medical Marijuana, But Not Buds. Under a compromise reached by lawmakers Thursday, Minnesotans will get a medical marijuana bill, but they won't be able to smoke their medicine. They can only use it in the form of liquids, pills, or oils, and they can vape, but not smoke it. Both houses had passed bills last week, with the House version being more restrictive. Gov. Mark Dayton (DFL) said Thursday he will sign the compromise measure. That would make Minnesota the 22nd medical marijuana state.

New York Medical Marijuana Bill to Get Senate Committee Vote Tuesday. The long-stalled effort to pass a medical marijuana bill in the Empire State could take a big step forward Tuesday. That's when the Senate Health Committee will take up Senate Bill 4406. The Health Committee is only the first stop in the Senate, though; it must then pass the Senate Finance Committee before going to a Senate floor vote.

New York Republican Files No Smoking Medical Marijuana Bill. State Sen. Phil Boyle (R-Bay Shore) has filed a bill that would allow for the use of medical marijuana, but bar "delivery through smoking." The bill is Senate Bill 7509, and it could signal a possible compromise that Senate Republicans could get behind.

Oregon Circuit Court Judge Rules State Medical Marijuana Law Conflicts With Federal Law; Is Unenforceable. In a case involving the right of the city of Medford to revoke the business license of a dispensary, a Jackson County circuit court judge has ruled that the state's Oregon Medical Marijuana Act is "unenforceable" because it conflicts with federal law. Expect the decision to be appealed.

Drug Policy

DEA Head Chastened After Being Taken to the Woodshed Over Sentencing Remarks. DEA Administrator Michele Leonhart's lack of support for Obama administration mandatory minimum sentencing reforms at a congressional hearing last month got her a good talking to from her boss, Attorney General Eric Holder, The Huffington Post reports. She's been off the reservation on other issues as well, especially around the administration's relatively enlightened approach to marijuana policy, and just this week, her agency has been messing with Kentucky's effort to do legal hemp research. But it was her refusal to endorse changes in mandatory minimums that got her sent to the boss's office. Now, the DEA says Leonhart "supports the Attorney General's sentencing reform initiative."

Drug Policy Expert Mark Kleiman Says It May Be Time to Do Away With DEA. In the same Huffington Post piece cited above, drug policy expert and current advisor to the state of Washington on marijuana legalization implementation Mark Kleiman said that while, in the past, he opposed dissolving the DEA and splitting its function, he is changing his tune. "Any DEA administrator feels an organizational imperative to support the existing drug laws and sentencing structure, even when doing so means opposing the purposes of the attorney general and the president, as we see currently," Kleiman said. "So I'd be inclined to reconsider my former opposition to merging the DEA" and perhaps the Bureau of Alcohol, Tobacco, Firearms and Explosives, into the FBI. "That would allow the combined agency to turn the skills and aggression of today's DEA agents against gun traffickers, cigarette smugglers, and purveyors of political violence."

Drug Policy Alliance Calls for DEA Head to Resign. The Drug Policy Alliance has had enough of DEA head Michele Leonhart. Today, Bill Piper, the group's head of national affairs, called on her to resign. "For months Drug Enforcement Administration (DEA) Administrator Michele Leonhart has openly rebuked the drug policy reform policies of Attorney General Eric Holder and President Obama with one embarrassing statement after another," he wrote. "Now she is picking a fight with Minority Leader Mitch McConnell (R-Y) and other members of Congress over hemp. Meanwhile the Department of Justice's Office of the Inspector General has launched an investigation into multiple scandals plaguing the agency. It is clear that Leonhart lacks the ability to lead and should resign. Activists are using the Twitter hashtag #FireLeonhart." There's much more at the link.

Drug Testing

California Initiative to Drug and Alcohol Test Doctors Qualifies for November Ballot. An initiative that would require drug and alcohol testing of doctors and the reporting of a positive result to the state medical board has qualified for the November ballot. The Secretary of State's office announced yesterday that the Troy and Alana Pack Patient Safety Act of 2014 would also require that doctors be suspended pending investigation of a positive test and that the board take disciplinary action if the doctor was impaired while on duty. The measure also requires doctors to report other doctors they suspect of drug or alcohol impairment and requires health care practitioners to consult the state's prescription drug database before prescribing certain controlled substances.

Law Enforcement

No Drugs Found in Raid Where Texas SWAT Officer Was Killed. Oops. The pre-dawn, no-knock home invasion drug raid that ended up with one Killeen SWAT officer shot dead and three more wounded didn't find any drugs. Killeen Police Detective Charles Dinwiddie died trying to execute a search warrant after an informant said he had spotted "bags of cocaine" at the residence, but all the raiders came up with was a glass pipe. Dinwiddie is the second Texas law enforcement officer to die in a pre-dawn, no-knock drug raid in the past five months. A grand jury refused to indict the shooter in the first case. Stay tuned to see what happens in this one.

International

Russians Call for Single International Drug Office to Deal With Afghan Heroin. Viktor Ivanov, Russia's chief anti-drug official, said Thursday that all of the various international efforts to stifle the Afghan drug trade should be merged into a single, internationally-supervised office. "We suggest the creation of an international headquarters or an office for combating the planetary center of drug production in Afghanistan. The goal of the HQ would be to consolidate the currently separate anti-narcotic programs in Afghanistan and to create an effective, internationally-supervised mechanism to eradicate drug production," Ivanov said. He also implicitly criticized the US and the West for letting opium cultivation get out of control while NATO forces occupied the country. The effort had been "a fiasco," he said. Ivanov is among the Russian officials sanctioned by Washington in response to the Ukraine crisis.

Lebanese Cannabis Farmers Benefiting from Syrian Conflict. Lebanese security forces are too busy dealing with the Syrian civil war raging on the country's border to pay much attention to a reviving cannabis industry in the Bekaa Valley, The Financial Times reports. Lebanese security forces quit raiding the Bekaa's pot farms two years ago, fearful of creating more unrest, and last year the crop brought in an estimated profit of $175 million to $200 million. "You couldn't make this kind of money growing gold," one farmer laughed. While some Lebanese politicians, including Druse leader Walid Jumblatt, have called for legalizing the crop, the farmers don't agree. The profits are too good, they said.

Four Mexican Soldiers Killed in Apparent Cartel Attack in Jalisco. Four soldiers were killed in the western state of Jalisco earlier this week when the military truck they were riding in was attacked in Guachinango, about 80 miles from the state capital of Guadalajara. The attackers crashed a pick-up truck into the army vehicle, setting it ablaze, then opened fire. Investigators suspect the attack was staged by the Jalisco New Generation cartel, which is in a turf war with the Knights Templars cartel in neighboring Michoacan. There are accusations that New Generation has allied itself with some of the vigilantes fighting the Knights Templar.

Saudi Arabia to Drug Test All Public Employees. Newly recruited teachers are first in line, but all public employees of the Saudi state are going to be drug tested, according to local media reports. The move is intended to "counter the increasing abuse of narcotics in the country's public service," the reports said.

Chronicle AM -- May 15, 2014

An evangelical pollster has support for marijuana legalization at 58% (but not among Christians), the Senate Minority Leader takes on the DEA over hemp, a California defelonization sentencing initiative hands in signatures, we have a fascinating look at meth culture in Tehran, and more. Let's get to it:

When Mitch McConnell is criticizing the DEA, you know you're living in a different century. (senate.gov)
Evangelical Pollster Finds Majority for Legalization, But Not Among Practicing Christians. A new poll conducted by the evangelical Christian polling firm the Barna Group finds that marijuana legalization is supported by 58% of respondents nationwide. But when it comes to "practicing Christians" (people who attended church in the past month), only 32% of evangelicals, 39% of Catholics, and 45% of mainstream Protestants favored legalization. Still, those numbers are trending up. "There is a clear trend toward greater cultural acceptance of recreational marijuana, even among many practicing Christians. National surveys are a great way to find out what people think and how their perspectives have changed over time. But why those changes are happening is more difficult to pin down through conventional polling," said a Barna spokesman. "What we can conclude is that America continues to shift from a culture that values abstinence to one that focuses on experience. Marijuana use fits within a larger trend of liberalizing views and behaviors when it comes to activities like gambling, pre-marital or extra-marital sex, and drinking. As attitudes toward temptations shift, Americans increasingly define the 'pursuit of happiness' to include personally invigorating or even escapist experiences." There's a lot more demographic information at the link, too.

Missouri "Decriminalizes" Marijuana Possession. A new sentencing reform law that has now gone into effect without the signature of Gov. Jay Nixon (R) eliminates the possibility of jail time for the possession of 10 grams of marijuana or less. Senate Bill 491 also reduces sentences for the sale and cultivation of marijuana, including changing current law to allow probation or parole for third offenders. But it doesn't go into effect until January 2017, the "no jail" provision only applies to first offenders, and it's still a criminal misdemeanor, with all the related consequences. Still, the Marijuana Policy Project is calling Missouri the 19th decrim state.

Medical Marijuana

Massachusetts Lawmaker Wants Sales Tax on Medical Marijuana, and Now. State Sen. Brian Joyce (D-Milton) has added an amendment to the Senate budget released last week that would impose a 6.25% sales tax on medical marijuana. He said he wanted it done quickly before there is any organized opposition. Health care goods and services and prescription drugs are generally exempted from the sales tax under state law. But Joyce said at least 10 other medical marijuana states impose sales taxes on it, including neighboring Connecticut, Rhode Island, and Maine.

Rhode Island Health Department Falling Way Behind on Patient Applications. The state Health Department is eight weeks backlogged in handling patient medical marijuana applications. Patients aren't happy. They're supposed to be automatically approved after 15 days, but the department says it is understaffed and overwhelmed, and it didn't anticipate the volume of applications.

South Carolina Limited CBD Medical Marijuana Bill Moving Toward Passage. A bill that would allow the use of high-CBD marijuana extracts for patients suffering severe epilepsy appears headed for passage. House Bill 4803 has already passed the House and was approved by the Senate Medical Affairs Committee today. It should get a final floor vote next week.

Hemp

Mitch McConnell Rips DEA over Kentucky Hemp Seed Fiasco. The state of Kentucky has already filed a lawsuit against the DEA over its cat and mouse games surrounding the state's effort to import 250 pounds of Italian hemp seeds for use in research projects okayed by an amendment to this year's omnibus farm bill. Now, Mitch McConnell, the Senate minority leader who just happens to be from Kentucky, has weighed in. "It is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds," McConnell told Politico last night.

Prescription Drugs

New Oklahoma Law Requires That Names of Overdose Victims Be Reported to Narcs. Under a bill signed into law Tuesday by Gov. Mary Fallin (R), the state medical examiner is required to report the names of overdose victims to the Bureau of Narcotics and Dangerous Drugs. The stated purpose is to use the information to more closely monitor the state's prescription drug issue and to identify "problem" prescribers. Senate Bill 1183 is part of a broader legislative effort supported by Fallin to tackle non-medical prescription drug use. But the heart of that plan, language that would create a statewide prescription monitoring system and require doctors to check patients' drug histories before writing new prescriptions for opioids and other dangerous drugs, remains stalled as legislators argue over details.

Synthetic Drugs

Minnesota Synthetic Drug Bill Heading for Passage. A bill that bans new synthetic drugs not approved by the FDA and that have effects similar to Schedule I or II controlled substances passed the House Wednesday and now heads to the Senate, where it is also expected to pass. House File 2446 also gives the state Board of Pharmacy emergency regulatory power to stop shops from selling any newer new synthetics.

Asset Forfeiture

Wyoming Lawmakers Want to Reform Asset Forfeiture Laws. The state legislature's Joint Judiciary Interim Committee Tuesday voted to order staff to draft two bills to reform the state's asset forfeiture laws. One bill would eliminate civil asset forfeiture and would allow police to seize property only when someone has been convicted of a crime. The second bill would keep civil forfeiture, but would create a higher standard of proof before allowing assets to be seized. That bill would also require that most proceeds of seizures go into a general account at the state attorney general's office instead of being returned to the seizing agency.

Harm Reduction

Delaware Overdose Reversal Drug Bill Wins Senate Committee Vote. A bill that would make the overdose reversal drug naloxone (Narcan) available without a prescription to anyone who completes a training program passed the Senate Health and Social Services Committee Wednesday. Senate Bill 219 now heads for the Senate floor.

Sentencing Reform

California Defelonization Sentencing Initiative Hands in Signatures. Campaigners for an initiative that would make certain felony drug and other crimes misdemeanors has handed in signatures. The Safe Neighborhoods and Schools Act initiative handed in more than 638,000 signatures earlier this month; it needs 504,000 valid signatures to qualify for the November ballot. Of signatures checked so far, the validity rate is 78%. The measure's proponents are San Francisco DA George Gascon and San Diego Police Chief William Landsdowne.

International

Tunisia's Prime Minister Says Marijuana Laws Are Too Harsh. Tunisian Prime Minister Mehdi Jomaa said at a press conference Wednesday that his country's tough penalties for marijuana possession are "out of sync" with changing times. Possession can currently earn you up to five years in prison, but Jomaa vowed to "amend the law to adapt it to the new reality" in Tunisia, which overthrew its old regime in the most successful of the 2011 Arab Spring uprisings.

Iran Breaks Bad as Crystal Meth Arrives. The Guardian has a lengthy analysis of the rise of methamphetamine in Iran, and particularly in its capital city, Tehran. Meth is exploding there, according to the piece's author, Ramita Navai, author of the newly released "City of Lies: Love, Sex, Death and the Search for Truth in Tehran." It's a very interesting read. Click on the link for the whole thing.

DEA Playing Games with Kentucky's Hemp Seeds -- State Sues

After being misled by the DEA about whether it would release imported heed seed destined for the state's hemp research projects, the state of Kentucky is now suing the federal anti-drug agency, Agriculture Commissioner James Comer told The Huffington Post Wednesday.

hemp field at sunrise (votehemp.org)
This comes just one day after Comer said the DEA told him the seeds would be released.

"I hated to do that, but we've been misled and it's obviously a stall tactic," Comer told HuffPost. "We have farmers who wanna grow it. We have processors who wanna process it. We have researchers who wanna research it. We bought and paid for the seeds," Comer said. "Here in Kentucky there's a desperate need to find an alternative to tobacco."

And the clock is ticking, with Mother Nature paying no attention to bureaucratic power plays. Hemp crops need to be in the ground this month for this year's season.

Research on hemp is now legal for state agriculture departments and universities in states that have passed laws allowing for it. A groundbreaking amendment allowing for the research was approved as part of the omnibus farm bill signed into law earlier this year. And Kentucky ordered 250 pounds of Italian hemp seed to do research this year.

But the DEA now says the state ag department must apply for a permit to import the seeds because they are a Schedule I controlled substance. That's a change of tune from the anti-drug agency.

"We were told yesterday in multiple phone calls that we wouldn't have to do this Schedule I import permit," senior Kentucky ag official Holly Harris VonLuehrte told HuffPost. She noted that agreeing to the DEA demand would be an implicit acceptance of the DEA's position that hemp is in fact a Schedule I drug.

"Industrial hemp is not a Schedule I controlled substance. We're not going to execute a document that violates federal and state law," she said.

The seeds are currently stuck in a US Customs warehouse in Louisville.

Rep. Earl Blumenauer (D-OR), one of the sponsors of the hemp amendment to the farm bill, ridiculed the DEA's position.

"I think I have a copy of the Congressional Record lying around my office that shows that Congress just debated this issue and voted overwhelmingly to allow research institutions to grow and study industrial hemp," Blumenauer told HuffPost. "I'd send it over to the DEA, but I'm worried they would classify it as rolling papers and seize it. With every move, the DEA is showing that they are incredibly out of touch with mainstream America. We need serious self-evaluation and shakeup over there if they ever want to be taken seriously."

But the DEA may have managed to knock Kentucky's hemp research schedule back by a year.

Frankfort, KY
United States

Medical Marijuana Update

Initiative signature-gathering campaigns are underway in Arkansas and Ohio and about to get underway in Oklahoma, the future of San Jose dispensaries remains unsettled, Minnesota lawmakers meet to search for a conference committee compromise, and more. Let's get to it:

Arkansas

Last Friday, the state attorney general again rejected the language of a medical marijuana initiative. Attorney General Dustin McDaniel has once again rejected the proposed wording for a medical marijuana initiative from Arkansans for Medical Cannabis. This is about the sixth time he has rejected proposals from the group. Meanwhile, another initiative, this one from Arkansans for Compassionate Care, is in the signature-gathering phase. The Arkansas Medical Cannabis Act needs some 65,000 valid signatures to qualify for the November ballot.

California

On Tuesday, the San Jose city council postponed for one week a vote on stiffening regulations for dispensaries. The move came after the council spent hours absorbing reports and listening to speakers both for and against the move. The proposal mirrors one adopted and then abandoned after medical marijuana activists pushed back in 2011. Advocates predict the council will pass the measure, even though there are three initiatives in the works to undo it.

Illinois

Last Wednesday, a bill to allow children with epilepsy to use medical marijuana won a House committee vote. A measure that would allow children with epilepsy to use medical marijuana is moving. The House Rules Committee approved Senate Bill 2636 on a 15-0 vote. The legislation would add epilepsy to the list of treatable diseases in the state's medical cannabis pilot program. It would also allow children with epilepsy to use medical cannabis. The bill has already passed the Senate and now heads for a House floor vote.

Iowa

On Monday, Gov. Brandstad said he was likely to sign a limited CBD medical marijuana bill. Gov. Terry Brandstad (R) told a news conference he has consulted with the governors of other states that have passed limited CBD medical marijuana bills and he thinks Iowa can move forward without "unintended consequences." He gave the legislature credit for crafting a very tight bill. "I think it's important that we respond to legitimate concerns from the public but we also have to protect against unforeseen consequences. I think the legislature in this case has tried to do that. My inclination at this point is to say that I'm inclined to think that it's likely that I will sign it," he said. The bill is Senate File 2360.

Minnesota

Last Thursday, a medical marijuana study bill passed the House. A bill that would fund a study on the therapeutic effects of marijuana was approved by the House. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor.

Last Friday, Gov. Dayton said he would sign the House bill, not a more far-reaching measure that has already passed the Senate, Senate File 1641.

On Tuesday, the Senate voted not to concur with the House bill. That means a conference committee will have to try to hammer out an acceptable compromise.

Ohio

As of this week, a medical marijuana initiative campaign is in the midst of signature-gathering. The Ohio Rights Group is leading a signature-gathering campaign to put a medical marijuana (and hemp) initiative on the November ballot. They need to collect 385,000 valid voter signatures by July 5. They had 50,000 signatures on March 1 and haven't reported any more recent figures, but the campaign has been ramping up this month.

Oklahoma

As of next week, a medical marijuana initiative will start its signature-gathering campaign. The Oklahoma Compassionate Cannabis Campaign will begin signature-gathering for its medical marijuana initiative on May 18. The campaign needs 155,216 valid voter signatures to qualify for the November ballot.

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

Chronicle AM -- May 14, 2014

The NFL is about to adopt a more sensible marijuana policy, the DEA will unblock imported hemp seeds so Kentucky can do some research, Minnesota legislators try to reach a compromise on medical marijuana, the rate of prescription overdose deaths is up, and more. Let's get to it:

People are dying of prescription drug overdoses at a rate three times that of a decade ago, says the CDC. (wikimedia.org
Marijuana Policy

NORML PAC Endorses a Florida Congressional Candidate. NORML PAC, the campaign and lobbying arm of NORML, has endorsed Democrat Wes Neuman for Congress in Florida's 7th District. NORML says it believes "Wes will be a great champion for marijuana law reform in Washington, DC." Neumann says he will advocate for marijuana legalization.

NFL Reportedly Will Cut Marijuana Punishments. ESPN.com is reporting that when the NFL's new player drug policy is announced, punishments handed out for marijuana use will be reduced. ESPN also reported that the new drug policy will have a higher threshold for the amount of marijuana needed to trigger a positive test result. At least one current NFL player, Cleveland Browns receiver Josh Gordon, is facing a season-long suspension for running afoul of the league's marijuana policy. The NFL Players Association had suggested the league review its policy on marijuana and drug testing in general.

Medical Marijuana

Competing Minnesota Medical Marijuana Bills Head for Conference Committee. The state Senate voted Tuesday not to concur with the medical marijuana bill passed by the House, Senate File 2470, which is more narrowly tailored than the bill that has passed the Senate, Senate File 1641. That means a conference committee will have to try to hammer out an acceptable compromise.

Hemp

DEA Will Allow Hemp Seeds to Enter US for Kentucky Research Project. Kentucky Agriculture Commissioner James Comer said Tuesday that the DEA will quit trying to block the import of Italian hemp seeds to Kentucky for research purposes now permitted under the hemp amendment to the recently passed omnibus farm bill. The seeds are being held by US Customs at a warehouse in Louisville. Cromer was ready to go to federal court today, if the DEA had not yielded. The state Agriculture Department and several universities are planning hemp research projects this year, but they need to get the seeds in the ground. The clock is ticking.

Drug Treatment

Massachusetts Drug Treatment Bill Being Debated Today. A bill that would ease access to drug treatment, by forcing insurance companies to cover treatment that's provided without prior authorization from them, is being heard in the state Senate today. The measure is Senate Bill 2133, which was developed by a special legislative committee on drug addiction. There are 37 amendments to get through, too.

Prescription Drugs

Rate of Prescription Drug Overdoses Increased More Than Threefold in a Decade, CDC Report Says. A new report from the Centers for Disease Control (CDC), Health, United States, 2013, finds that the rate of prescription drug overdose deaths in the US increased from 1.9 per 100,000 residents 15 and over in 1999-2000 to 6.6 per 100,000 in 2009-2010.

International

No Safe Injection Rooms for Brighton after UK Government Warns Health Workers of Risk of Arrest. Last year, the Independent Drugs Commission for Brighton and Hove suggested that Brighton and Hove establish drug consumption rooms, saying they could take drug use off the streets and reduce overdose deaths. But those plans have now been shelved after the Home Office warned that health workers working in such facilities might be subject to arrest. The idea also got a mixed reception from the public.

In Face of New Zealand's Renewed Ban on Synthetic Weed, Auckland Deputy Mayor Says Decriminalize the Real Thing. Auckland Deputy Mayor Penny Hulse, who had previously opposed decriminalizing marijuana, has had a change of heart. She told an Auckland Council meeting Tuesday that it didn't make sense to regulate synthetic marijuana without considering safer alternatives -- like real marijuana.

Jamaica Marijuana Conference Coming Later This Month. The inaugural Jamaica Cannabis Conference is set for May 22-24 at the University of the West Indies campus in Mona. The theme is "Wake Up, Jamaica; Our Opportunities Are Slipping Away." Click on the link for more details.

Jamaican Musician and Poet Mutabaruka Tells Gambia to Legalize It. On a visit to Gambia to perform at the 11th annual International Roots Homecoming Festival, famed Jamaican poet and reggae singer Mutabaruka said Tuesday that Gambia should legalize marijuana and that "no youth should be in trouble over marijuana," citing the international movement toward marijuana legalization.

(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 -- May 13, 2014

The DC marijuana legalization initiative picks up some welcomed support, there's a legal challenge to Washington state's ability to collect marijuana taxes, a Republican US senator talks drug reform and takes some jabs at Obama, fentanyl-laced heroin is killing people in Philadelphia, and more. Let's get to it:

Marijuana Policy

Two Drug Reform Groups Get Behind DC Legalization Initiative. The Drug Policy Alliance has hired Dr. Malik Burnett as a full-time organizer in Washington, DC, to build support for Initiative 71, the DC marijuana legalization initiative. But his work in DC will also go beyond marijuana policy to include broader drug and social justice reform issues. Meanwhile, StoptheDrugWar.org (that's us) has endorsed the initiative and is seeking to deliver 5,000 of the 25,000 signatures needed. You can sign up to donate to our initiative effort here or sign up to volunteer here. Or click on the endorsement link for more information. Click the title link for more info about the DPA move.

Washington State Lawsuit Challenges State's Ability to Collect Marijuana Taxes. A Washington dispensary operator has filed a lawsuit attempting to stop the state from collecting taxes on marijuana sales. The operator, Martin Nickerson, is being prosecuted for the sale of medical marijuana he produced and argues that forcing him to pay taxes on his marijuana sales would violate his 5th Amendment right against self incrimination. He is represented by Douglas Hiatt, a Seattle marijuana and medical marijuana defense attorney and ardent foe of the I-502 legalization scheme. I-502's main proponent, Alison Holcomb, said she thinks the lawsuit has little chance of succeeding.

Ohio Supreme Court Forum to Discuss "Unintended Consequences" of Legalization Today. A discussion on "Marijuana Legalization and the Law of Unintended Consequences" moderated by state Supreme Court Justice Maureen O'Connor will take place today at 5:30pm at the Ohio Supreme Court in Columbus. Panelists are Colorado Deputy Atttorney General David Blake, Ohio State law professor and Sentencing Law and Policy blog author Douglas Berman, and Marijuana Policy Project director of federal policies Dan Riffle. Questions can be submitted via Twitter using hashtag #OhioFOTL.

Illinois Drug Policy Consortium to Discuss New Marijuana Policy Report Monday. The IDPC will have a panel discussing its new report on marijuana policy, Patchwork Policy: An evaluation of arrests and tickets in Illinois, next Monday, the day it is released. Click on the link for more info, including time and location details.

Medical Marijuana

Iowa Governor Likely to Sign Limited CBD Medical Marijuana Bill. Gov. Terry Brandstad (R) told a news conference Monday he has consulted with the governors of other states that have passed limited CBD medical marijuana bills and he thinks Iowa can move forward without "unintended consequences." He gave the legislature credit for crafting a very tight bill. "I think it's important that we respond to legitimate concerns from the public but we also have to protect against unforeseen consequences. I think the legislature in this case has tried to do that. My inclination at this point is to say that I'm inclined to think that it's likely that I will sign it," he said. The bill is Senate File 2360.

Drug Policy

Republican Senator Rob Portman Talks Drug Reform. Sen. Rob Portman (R-OH) is set to give a speech today at the American Enterprise Institute in Washington, DC, in which he will reportedly call for a reassessment of the decades long war on drugs. He will also reportedly criticize President Obama's plan to grant clemency to hundreds or thousands of convicted drug offenders, calling it a "band aid solution" that doesn't address deeper problems driving recidivism. He will also advocate for reauthorization of the Second Chance Act, which is aimed at reducing recidivism. Portman could have national ambitions in 2016.

Heroin

Fentanyl-Laced Heroin Killing People in Philly. At least 28 people in Philadelphia died from overdosing on fentany-laced heroin between March 3 and April 20, the Department of Behavioral Health and Intellectual Disability said Monday. The department is awaiting test results on seven more people. Fentanyl is a powerful narcotic many times more potent than heroin and is used to treat severe pain. An earlier wave of fentanyl-laced heroin killed 269 people in the city in 2006 and more than 2,000 people nationwide. The city health department has issued an alert.

International

Zetas Co-Founder Among Six Killed in Mexican Border Town Shootout. Gallando Mellado Cruz, one of the military deserters who helped found the gang of drug enforcers for the Gulf Cartel that morphed into the Zetas, was among six people killed in a gun battle between Mexican soldiers and cartel gunmen in the border town of Reynosa, Tamaulipas, just across the Rio Grande River from McAllen, Texas. Four other cartel gunmen and one soldier also died. Tamaulipas was the scene of bloody infighting between the Zetas and the Gulf cartel before calming down somewhat in 2012, but fighting has broken out again in recent weeks.

Canada's Sensible BC Announces Future Plans. The Canadian marijuana law reform group Sensible BC, which managed to gather more than 200,000 signatures for a provincial referendum to stop arrests for pot possession in BC, but still failed to make the ballot, has announced it will hold off on another referendum campaign until after the federal election in October 2015. Then, if Conservative Prime Minister Steven Harper wins reelection or if his replacement refuses to move forward on legalization, the group says it will launch a new referendum campaign in 2016. Until then, Sensible BC says it will focus on building its network and organization, keeping the issue alive in the media, and working on municipal elections coming in November.

Help Us Legalize Marijuana in Washington, DC!

 

It's nothing less than electrifying when a chapter of a global saga is being written in your backyard. It is undeniably your turn to stand up, organize and make your mark.

The folks behind DC Cannabis Campaign (DCMJ) have advanced Voter Initiative 71, which will legalize possession and home growing of marijuana—hopefully paving the way for the DC Council to enact sane, sensible "tax and regulate" measures like the ones currently being implemented in Colorado and Washington.

It will add to the momentum of battles now underway in Oregon and Alaska.

It will advance the credibility of the anti-prohibitionists who want to set our country free and make this a national issue that no one can ignore any longer.

Help Us Legalize Marijuana in DC

As a DC-based organization, this initiative is close to our hearts. As an organizational steering committee member we have committed to delivering 5,000 of the signatures needed to get I-71 on the ballot and then to work for its passage. We need donors and volunteers to deliver on our pledge and spread the good fight in our corner of the world.

There are a few ways you should help now:

DONATE: Visit our donation page to make a generous donation supporting the DC Cannabis Campaign. Please select the option to make a non-deductible donation supporting our lobbying work, and indicate in the notes field that it is for the DC campaign, Initiative 71. If you can afford it, please return to the donation page to make a second gift (tax-deductible or non-deductible) supporting our ongoing work that makes this outreach possible, or indicate in the notes field how much of your gift is meant for the campaign vs. our organization.

VOLUNTEER: If you live in the DC-area, please contact StoptheDrugWar.org and become part of the campaign's volunteer force. We're going to join DCMJ out on the streets, inform our fellow DCers about the campaign, gather signatures and help Initiative 71 pass. Please include "DCMJ volunteer" in the subject line. We'll be in touch soon thereafter.

This is an exciting time. We're not a voice in the wilderness anymore. Unprecedented gains are within our reach—even in the nation's capital.

Will you join us?

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
Washington, DC
http://stopthedrugwar.org

Washington, DC
United States

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