Federal Courts

RSS Feed for this category

Chronicle AM: DC Council Ponders Pot, NJ Cops Get Naloxone, Denmark Funds MedMJ Research, More (10/31/14)

Oregon's Measure 91 is getting big bucks and using innovative outreach techniques in the final days, the DC council ponders how to implement pot legalization, NYC councilmembers demand the cops quit targeting minority men for pot busts, Denmark funds research on medical marijuana (but not underground trolls!), and more. Let's get to it:

Opioid overdose reversal kit handed out to police in Mercer County, NJ. (nj.gov)
Marijuana Policy       

Last Minute Contributions Boost Oregon's Measure 91. The Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance, has contributed another $250,000 to the Measure 91 marijuana legalization initiative campaign as the clock ticks down toward election day. That means Drug Policy Action has now donated $1.74 million of the $3.9 million raised by the campaign. The campaign is also getting a boost from pot legalization supporter US Rep. Earl Blumenauer (D-OR), who has made an in-kind contribution of $40,020 to help pay for TV ads.

Oregon's Measure 91 Campaign Using Innovative "Did They Vote?" Website. The campaign is using DidTheyVote.org, a web site that allows voters in the state to log on and see if their Facebook friends have voted. If the friends haven't voted, people using the web site can "nudge" them to do so. "Check to see if your Facebook friends turned in their ballots! It takes 60 seconds. If it appears the elections office hasn’t received your friends’ ballots yet, you can give them a little nudge by sending them a reminder message," the web site explains. The web site is a project of the progressive non-profit group Our Oregon.

Sacramento Federal Court Hearing on Marijuana Scheduling Ends. In a groundbreaking federal court hearing, US District Court Judge Kimberly Mueller in Sacramento has heard five days of evidence around whether marijuana is properly classified as a Schedule I drug under the Controlled Substances Act. Doctors and scientists made a strong case that marijuana does not belong in Schedule I. The judge issued no immediate ruling, but instead requested extensive briefs from the parties involved. She could rule on the issue two months from now or more. Click on the link to get some flavor of the discussion.

Five NYC Councilmembers Accuse NYPD of Continuing to Target Minority Men for Pot Arrests. Five black or Latino city council members today sent a letter to Mayor Bill de Blasio and Police Commissioner Bill Bratton charging that the NYPD continues to single out young men of color for marijuana arrests. "This is not an abstract issue for us," the letter said. "We approach this issue not just as lawmakers but also as young men of color whose lives and behavior are directly affected by the NYPD’s practices. The NYPD continues to target people who look like us, and we know from our own experiences and those of our peers that these racially skewed arrests create distrust between young men of color and the police." The letter was signed by Councilmen Ritchie Torres (D-Bronx), Carlos Menchaca (D-Brooklyn), Antonio Reynoso (D-Brooklyn), Rafael Espinal (D-Brooklyn), and Donovan Richards (D-Queens). While arrests have declined from the 50,000 in 2011 to some 29,000 last year, minority men are still the primary target, the councilmen said.

DC Council Holds Hearing on Moving Toward Legalization. With the marijuana possession and cultivation initiate Measure 71 heading for an apparent victory at the polls on Tuesday, the DC city council is moving to address how to tax and regulate legal marijuana in the District. The council's Committee on Business, Consumer and Regulatory Affairs and its Committee on Finance and Revenue held a joint hearing Thursday to begin to lay the groundwork. Click on the link for more details.

Medical Marijuana

New York US Representatives Ask Justice Department to Let State Import High-CBD Medical Marijuana for Sick Kids. In a letter to Attorney General Eric Holder Thursday, they called on the Justice Department to find a way to let the state import medical marijuana to be used by severely ill children. The governor this year moved to allow some access to medical marijuana, but the state program will not be in full effect for more than a year. That's too long to wait, the lawmakers said. "Every day makes a difference for children with these severe disorders. Given this urgent public health need, we urge you to allow New York the ability to import finite and strictly controlled amounts of cannabidiol,"they wrote.

Harm Reduction

Every Cop Car in Mercer County, New Jersey, To Be Armed With Overdose Reversal Drug. Police departments in Mercer County (Trenton) are now armed with 600 naloxone (Narcan) opiate overdose reversal kits. Beginning tomorrow, every patrol vehicle in the county will have one, as will every detective vehicle and detention center. Police in the state have begun carrying the drug since Gov. Chris Christie (R) ordered it made available throughout the state following successful pilot programs in Monmouth and Ocean counties. Officials said naloxone had saved 325 lives in the state so far.  

International

Britain's Cameron Stands Firm: No Drug Policy Review. Facing an insurrection over drug policy from the junior partners in his governing coalition, the Liberal Democrats, after a Home Office report found no obvious link between tough drug laws and drug use levels, Tory Prime Minister David Cameron is stubbornly refusing to consider any changes to Britain's drug policy. "I don’t think anyone can read that report and say it definitely justifies this approach or that approach, but the evidence is what we’re doing is working," Cameron said, citing falling levels of drug use. "I don’t believe in decriminalizing drugs that are illegal today. I’m a parent with three children; I don’t want to send out a message that somehow taking these drugs is OK or safe." In a sign of the depth of the discord between the coalition partners, Cameron's statement also included a zinger aimed at the Lib Dems: "The Lib Dem policy would see drug dealers getting off scot-free and send an incredibly dangerous message to young people about the risks of taking drugs."

Denmark to Fund Medical Marijuana Research. The Danish government agreed Thursday to distribute at least $6 million for health research that will include research on medical marijuana. The funding is part of a broader agreement to fund socially relevant research. Strangely enough, the Danish newspaper article linked to above ends by noting that "no additional funds were set aside for the study of underground trolls."

Chronicle AM: FL MedMJ Init in Danger, CO Legalization Report, Russia Synthetics Ban, More (10/28/14)

The Florida medical marijuana initiative appears to be in trouble, thanks in part to a deep-pocketed GOP opposition donor, a federal court is hearing evidence on marijuana's scheduling, a new report on Colorado's legalization finds less than meets the eye, Russia bans some new synthetics, and more. Let's get to it:

Florida's medical marijuana initiative faces an uphill battle in the campaign's final days.
Marijuana Policy

Federal Court Hears Arguments on Proper Scheduling of Marijuana. In a federal court hearing in Sacramento that continues today, three medical experts testified that the scientific evidence does not support classifying marijuana as a Schedule I drug under the Controlled Substances Act. This is the first time in living memory that a federal court in a criminal case has allowed discussion of marijuana's proper placement in the drug schedules. Testifying for the defense in US v. Schweder, Gregory Carter, MD, and Carl Hart, PhD, told the court that marijuana is neither "very dangerous" nor "lacking medical use," both of which are required to support a Schedule I placement.

Cincinnati City Council Moves to Fix Its Pot Policy Misstep. Ohio is a state where the possession of marijuana is decriminalized, but in 2006, the Cincinnati city council tried to crack down on it, making possession of even small amounts a misdemeanor offense under city ordinance. The council later repealed that law, admitting it was a mistake. Now, it has moved to undo one of the nastier consequences of its actions, voting Monday to allow people arrested under that ordinance to have their criminal records expunged. More than 10,000 people were arrested under the ordinance, which was in effect until its repeal in 2010.

Cato Report on Colorado Legalization: No Big Deal. For all the sturm und drang surrounding the consequences of marijuana legalization in Colorado, a new report by Harvard economist Jeffrey Miron for the Cato Institute finds it just wasn't that big a deal. Miron found little impact on crime, traffic accidents, or teen drug use -- the banes of the anti-legalization folks -- but neither did he find a big impact on the state's economy. And he found that tax revenues were lower than estimated. Miron's bottom line? "The evidence here indicates that strong claims about Colorado's legalization, whether by advocates or opponents, are so far devoid of empirical support."

Medical Marijuana

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

Republican Money Man Sheldon Adelson Contributes Another $1 Million to Defeat Florida's Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of it. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

International

Russia Bans Ingredients for New Synthetic Drugs. Russia has expanded its list of banned drugs to include methoxetamine, NM-018, and methylphenidate -- all used to create new synthetic drugs. The move comes after Russian senators proposed earlier this month to ban new synthetics from the moment they are discovered instead of going through the lengthy process of listing them on the Federal Drug Control Services' list of banned drugs.

Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)

James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:

Leading academic marijuana policy expert Mark Kleiman grumbles, but says "yes" on Oregon Measure 91 (ucla.edu)
Asset Forfeiture

Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.

Marijuana Policy

Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.

Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.

Medical Marijuana

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

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

Drug Testing

Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.

International

Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.

Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.

Chronicle AM: Holder on Pot, Big $$$ for OR Init, Cairo Student Drug Tests, More (10/21/14)

Holder talks pot, more big bucks flow to Oregon initiative, federal judge to ponder whether marijuana belongs in Schedule I, the right attacks Vanita Gupta, Canada's NDP calls for decriminalization, and more. Let's get to it:

US Attorney General Eric Holder (justice.gov)
Marijuana Policy

Attorney General Holder "Cautiously Optimistic" on Marijuana Legalization. In a Monday interview with CNN, Attorney General Eric Holder said he is "cautiously optimistic" about marijuana legalization in Colorado and Washington. He said that the Justice Department was focused on eight "priority areas" when it came to legal weed, including prevention of distribution to minors, drug trafficking across state lines, and drug-related violence. "What I've told the governors of those states is that if we're not satisfied with their regulatory scheme that we reserve the right to come in and to sue them. So we'll see," Holder said.

Oregon Initiative Reports More Big Bucks Donations. The campaign committee for Measure 91 has reported receiving $800,000 in a pair of high-denomination donations. The Drug Policy Action Network, the campaign and lobbying arm of the Drug Policy Alliance, kicked in half a million bucks, while the New Approach PAC, tied to the family of the late Progressive Insurance magnate Peter Lewis, gave $300,000. Over all, Drug Policy Action Network has contributed $1.85 million and the Lewis group has given $1.25 million. The initiative campaign has spent more than $1.1 million on TV and radio ads.

Federal Judge to Consider Whether Marijuana Should Be Schedule I. A US district court judge in Sacramento will hold a hearing next Monday on whether marijuana is appropriately classified as a Schedule I drug under the Controlled Substances Act. The hearing comes in the case of United States v. Pickard, et.al. Expert witnesses, including Columbia University psychology professor Dr. Carl Hart, will testify that classifying marijuana as a Schedule I drug is not consistent with accepted scientific evidence. This is the first time in recent memory that a federal judge has granted a hearing on the issue.

Decriminalization Fails By One Vote in Columbia, MO, City Council. A move to decriminalize marijuana in Columbia failed on a 4-3 vote Monday night after hours of intense debate. City staff opposed the measure, saying it would put the city in conflict with state law, and local police also opposed it, saying it would put officers in an awkward position, especially when doing joint counter-drug operations with other state or local law enforcement agencies.

Medical Marijuana

Missouri to Begin Taking Applications for Low-THC, High-CBD Medical Marijuana. People who want to grow high-CBD, low-THC marijuana for medical purposes under a new state law can begin submitting applications to the state Department of Health beginning November 3. The state will license two growers, and the window for applications is 30 days. The growers must operate as nonprofits and must produce marijuana that is less than 0.3% THC.

Law Enforcement

Conservative Attacks on DOJ Civil Rights Nominee Gupta Get Underway. Heritage Foundation resident expert Cully Stimson has penned an opinion piece that lays out one line of attack on Vanita Gupta, the ACLU attorney just named acting head of the Justice Department's Civil Rights division and who is nominated to permanently fill the post. "The New Civil Rights Division Head Wants to Decriminalize Possession of All Drugs," is his headline -- and the gist of his argument. Click on the link to read his piece.

International

Canada's NDP Calls for Marijuana Decriminalization and Study. The New Democratic Party (NDP) will this week officially call for immediate marijuana decriminalization, with monitoring of the health and social side effects. The call will come in a supplemental document published alongside a House of Commons health committee report, which is set to be issued today or tomorrow. While the NDP's stand is progressive, it is not as progressive as the position of the Liberals, who are calling for legalization.

Cairo University Begins Mandatory Drug Testing of Students. Any student who wants to reside in school housing at the University of Cairo must undergo mandatory, suspicionless drug testing under a new university policy. Some 4,000 students have already been tested, with 9,000 more waiting their turn. No objections to the policy have been heard.

Medical Marijuana Update

A major report on CBD cannabis oil products come out, San Diego may soon get its first legal dispensary (it's only been 18 years!), patients in the Northeast grumble, the Illinois program gets lots of applicants, and more. Let's get to it:

National

On Monday, Project CBD released a report on CBD cannabis oil products that raises a number of questions about the safety, reliability, and legality of mass-marketed CBD oil products, some of which are available in Internet marketplaces. The report found that some products contained toxic solvents, some had little actual CBD in them, and some entities that claimed to obtain CBD from industrial hemp crops in other countries were probably not telling the truth. Click on the link to go directly to the report.

California

On Tuesday, a federal court judge issued a preliminary injunction barring Lake County officials from using warrantless raids to seize and destroy medical marijuana plants. Patients have sued to block the enforcement measures linked to Measure N, an ordinance that severely restricts medical marijuana grows in the county. Judge Thelton Henderson ruled that the patients have demonstrated a strong likelihood of prevailing at trial on their claim that the raids violate their Fourth Amendment rights.

On Wednesday, what would be San Diego's first legal dispensary won a key approval. A Green Alternative has applied to open its doors in Otay Mesa and won approval from a city hearing officer for its plans. Unless someone appeals the decision, the shop should be open by year's end.

Connecticut

On Monday, Connecticut patients demanded whole buds, not ground-up whole plant material. State medical marijuana regulations require that the plant be ground up, and that's not sitting well with some patients and activists. Homogenizing the plant results in "the degradation of the cannabinoids, the actual essential oils that are in the flower," explained Peter Mould, executive director of Connecticut NORML, who has posted a petition at change.org (search for "medical marijuana CT") asking state regulators to allow the sale of whole buds.

Florida

On Tuesday, another poll had the medical marijuana initiative coming up just short. A new poll with a large sample and small margin of error has Amendment 2 coming up short. According to the SaintPetersBlog poll, a slim majority (52%) supports the initiative, but that's not enough because, as a constitutional amendment, it needs 60% of the vote to pass. The poll sample consisted of 3,128 Florida registered voters who said they were planning to vote in the election and has a margin of error of +/- 1.8%. The poll is roughly in line with other recent surveys that have shown Amendment 2 polling in the 50s.

Guam

Last Wednesday, the Guam Election Commission moved to end legal challenges to the medical marijuana initiative vote. The commission has asked the US District Court on the island territory to dismiss the petition for a writ blocking the vote filed by local attorney Howard Trapp. Trapp has argued that the legislature cannot send an initiative to the voters, but the Election Commission and the Guam Supreme Court have already rejected his claim.

Illinois

Last Wednesday, more than 6,000 Illinoisans had applied for medical marijuana cards. The Department of Health reported that some 6,300 state residents have applied for permission to use medical marijuana, with cancer, fibromyalgia, multiple sclerosis, and spinal cord injuries being the most common health conditions mentioned. But the department also noted that the vast majority of applications were incomplete; only 800 have submitted complete applications, which include a doctor certification form and background check information. People whose applications are incomplete will be notified and then will have 21 days to complete them.

Massachusetts

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

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

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

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

Carl Sagan
Marijuana Policy

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

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

Medical Marijuana

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

Law Enforcement

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

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

International

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

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

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

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Marijuana Policy in Senate Races, CA Fair Sentencing Act, Stanton Peele on Disease Model, More (9/29/14)

Marijuana politics is popping up in some US Senate races, pot arrests are still going up in some states, the Guam medical marijuana initiative faces a legal challenge, Stanton Peele takes on the disease model of addiction and liberals who love it, Jerry Brown signs the California Fair Sentencing Act, and more. Let's get to it:

Addiction psychologist Stanton Peele rips into liberals who embrace the disease model of addiction. (YouTube.com)
Marijuana Policy

Marijuana Policy in the Kentucky US Senate Race. Pot politics is playing a role in the Kentucky Senate race. Both incumbent Republican Sen. Mitch McConnell and Democratic challenger Alison Grimes agree that industrial hemp is a good thing, but Grimes said last Thursday she wants to have a discussion on legalizing marijuana, especially for medical purposes. McConnell retorted last Friday that he opposes legalizing marijuana for any reason because the state has a heroin problem and it would send the wrong message.

Nebraska Democratic US Senate Candidate Open to Legalization. The Democratic nominee for the US Senate from Nebraska is open to marijuana legalization. "I think we should give very serious consideration to legalization of marijuana," Dave Domina said Thursday. "If I were a philosopher king, we wouldn't have it, but I'm not and we need to spend our law enforcement dollars as intelligently as we can. That's not on marijuana enforcement. "What we should do is to make safe and dispense responsibly the drugs that are the most common, the least dangerous," he said. "I'm not saying they are desirable. I don’t think cigarettes are desirable, frankly. But nonetheless, I think that’s what we need to do. We need to methodically make marijuana available to people on a rational basis. It needs to be safely distributed and it needs to be taken away from crime as a profit center." The Republican nominee, Ben Sasse, didn't take a firm stand on the issue.

Marijuana Arrests Up in 17 States. Marijuana legalization may be inevitable, but some states haven't gotten the message. According to a new report from marijuana researcher Dr. Jon Gettman, even though national marijuana arrests peaked in 2007, marijuana arrests increased in 17 states between 2008 and 2012. Those states and their rates of annual increase are: South Carolina (11.6%), Washington, DC (7.7%) South Dakota (7.7%), North Dakota (5.5%), Utah (4.5%), Illinois (4.3%), Montana (3.5%), Idaho (3.2%), Virginia (2.6%), New York (2.4%), New Jersey (2.4%), Oregon (2.1%), Tennessee (1.7%), Wisconsin (1.2%), Vermont (1%), Michigan (1%), and West Virginia (1%). The report is Marijuana in the States 2012.

Overblown Analogy Department. The Polk County, Florida, Sheriff's Office is sounding the alarm over high-THC cannabis oil, popularly known as "wax" or "dabs," but its spokesperson is relying on an old bogeyman to get her message across. "This particular drug is to marijuana the way crack is to cocaine," Donna Wood said.

Medical Marijuana

Guam Attorney Seeks to Block Medical Marijuana Initiative. Voters in Guam are set to vote on a medical marijuana initiative submitted by the territorial legislature next month, but a Guam attorney has asked the US District Court there to block the vote. Howard Trapp argues that the legislature can't legally "pass the buck" to voters, even though the island's Supreme Court said it could in an August ruling. The election commission has until October 7 to respond to the filing.

First Illinois Patients Get Their Cards. Jim Champion, an Army vet who suffers from multiple sclerosis, is apparently the first Illinois patient to get his medical marijuana card. His came last week. He is the first of more than 2,000 Illinois residents who have applied under the state's new law.

New York Governor Asks Justice Department to Allow State to Acquire Medical Marijuana from Other States. Last Friday, Gov. Andrew Cuomo (D) sent a letter to Deputy Attorney General David Cole asking the Justice Department to extend a narrow, time-limited exception to federal law to allow the importation of certain strains of medical marijuana from other states for use by children in New York with severe forms of epilepsy. The letter follows a similar letter sent last month by the Cuomo administration to Attorney General Eric Holder.

Drug Policy

Dr. Stanton Peele on the Disease Theory of Addiction. Drug war critic and iconoclastic addiction psychologist Dr. Stanton Peele has penned a provocative screed critical of the disease theory of addiction and political liberals who embrace it. The article is "Why Liberals Love the Disease Theory of Addiction, by a Liberal Who Hates It."

Sentencing

California Fair Sentencing Act Signed Into Law. California Gov. Jerry Brown Sunday signed into law the Fair Sentencing Act, which will undo racial disparities in the sentencing of cocaine offenders under laws passed during the crack cocaine hysteria of the 1980s. Brown did not issue a signing statement. The law, Senate Bill 1010, eliminates sentencing disparities between crack and powder cocaine offenses. It also eliminates related disparities in probation and asset forfeiture guidelines for those offenses.

International

Uruguay Presidential Candidate Says Pot Smoker Registry Could Be Used to Identify People Needing Drug Treatment. Former President Tabare Vazquez, who is running to return to the office, has proposed using the state's registry of marijuana users to expose them to drug treatment. He was attempting to frame the law as a rehabilitative measure, but critics say it could dissuade users from registering with the state. Vazquez's remarks also run afoul of provisions in the law that limit revealing such data "without the individual's express written consent."

(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: Holder Ponders Rescheduling, CT MedMJ Dispensaries Open, Honduras Prez Slams Drug War; More (9/25/14)

Holder will resign, but has some parting words on rescheduling, Rahm Emmanuel supports pot decrim, but legalization is a step too far, Connecticut dispensaries are now open for business, and more. Let's get to it:

Honduran President Juan Orlando Hernandez (wikimedia.org)
Marijuana Policy

Attorney General Holder to Resign, Says We Should Consider Rescheduling Marijuana. As he announces his resignation, Attorney General Holder has signaled that he thinks it may be time to reschedule marijuana. "It's certainly a question we need to ask ourselves, whether or not marijuana is as serious a drug as heroin, especially given what we've seen recently with regard to heroin -- the progression of people, from using opioids to heroin use, the spread and the destruction that heroin has perpetrated all around our country," Holder told Yahoo global news anchor Katie Couric. "And to see how, by contrast, what the impact is of marijuana use. Now it can be destructive, if used in certain ways, but the question of whether or not they should be in the same category is something that we need to ask ourselves -- and use science as the basis for making that determination."

Chicago Mayor Emanuel Just Says No to Legalization. Just a day after he called for marijuana decriminalization and the defelonization of drug possession, Mayor Rahm Emanuel said marijuana legalization is a step too far. He was responding to remarks from potential challenger Karen Lewis, head of the Chicago Teachers Union, who suggested legalization was "another source of revenue we ought to look at."

Medical Marijuana

Connecticut Dispensaries Now Open for Business. The state's first licensed grower sent its first shipment this week to dispensaries, which promptly began selling it to qualified patients. All six dispensaries in the state should be open this week.

SurveyUSA Poll Has Florida Initiative at 53%, Needs 60% to Win. The latest SurveyUSA poll has the Amendment 2 medical marijuana initiative with 53% of the vote, but since the initiative is a constitutional amendment, it needs 60% to pass. That's a slight drop from the last SurveyUSA poll, which had support at 56%. Importantly, while only 53% said they would vote for it, only 31% said they would vote against and 15% were undecided. If the undecideds split evenly, the initiative will squeak out a victory.

More Than 350 People Applied for Illinois Medical Marijuana Business Permits. State officials said Wednesday that more than 350 people had applied to legally grow or provide medical marijuana by the Monday afternoon deadline. Some 158 people applied as potential cultivation centers, while 211 applied to operate dispensaries. The state will grant 21 grow center permits and 60 dispensary permits by year's end, with the first legally obtainable medical marijuana available by spring 2015.

Pennsylvania Senate Passes Restrictive Medical Marijuana Bill. The state Senate Wednesday approved Senate Bill 1182, after amending it to remove the ability to vaporize the plant and removing a large number of qualifying medical conditions. The bill now goes to the House.

Drug Testing

Federal Appeals Court to Hear Arguments on Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals has set a hearing date of November 20 for Florida Gov. Rick Scott's (R) welfare drug testing law. The state lost last December in US circuit court, with the trial judge ruling that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied." The state is appealing.

International

Honduras President Uses UN Speech to Rail Against Drug War. In a speech to the UN General Assembly Wednesday, Honduran President Juan Orlando Hernandez lambasted international drug policies "based on waging a ceaseless war on all fronts without regard to the costs." He urged creation of a "multinational force" to fight drug cartels "just like the one that this morning, President Obama asked for to confront radical fundamentalists. Today, we talk about what is happening in other regions to children, young people, families displaced by war, violence and radical extremists," he said. "But little is said about the situation of thousands of families in the northern triangle of Central America."

Medical Marijuana Update

The Florida initiative is in a close fight, hearings are coming in Hawaii, draft regulations are coming in Maryland, Illinois begins taking medical marijuana business applications, and more. Let's get to it:

California

Last Thursday, a federal judge denied a request from Lake County patients for a temporary restraining order barring the county from carrying out searches and eradications under its Measure N grow rules. US District Judge Thelton Henderson ruled that the claims did not meet the legal standard required for a temporary restraining order, but held that plaintiffs could still seek a preliminary injunction.

Florida

Last Thursday, a new poll had the state medical marijuana initiative coming up just short. A new Florida Decides poll has a majority in favor of the Measure 2 medical marijuana initiative, but not the super-majority needed to pass a constitutional amendment. The poll had support at 57%, but 60% is needed. But the poll also had 17% undecided, and if only a fraction of the undecided break in favor of the initiative, it could win. Another poll earlier this week had support at 64%.

Hawaii

Last Friday, officials announced public hearings on dispensaries. A task force created by the state legislature to address dispensary issues will hold public hearings this week in Hilo and on September 24 in Honolulu. Click on the link for more details and information about how to submit public comments.

Illinois

On Monday, the state began accepting applications for medical marijuana businesses. The state Agriculture Department is now taking applications from people who want to open dispensaries or cultivation centers. There are 22 licenses available for growers and 60 for dispensaries.

Maryland

On Wednesday, the state was waiting for new draft medical marijuana regulations. The Maryland Medical Marijuana Commission was expected to release a second draft of regulations for the state's medical marijuana program today. The first draft came under public criticism last month for, among other things, language that would have barred grows or dispensaries within the Baltimore city limits. That language has been removed. Stay tuned for the actual draft.

New Jersey

Last Friday, a Princeton employee was put on paid leave over his medical marijuana use. Princeton University campus dining manager Don DeZarn, who had been told to choose between his job and his medicine after he began legally using medical marijuana this summer, is now on paid leave as the school attempts to resolve the issue. The problem arose after DeZarn said he might use the drug while at work and school public safety officials raised concerns he could be impaired and might accidentally give a student with food allergies the wrong item (or something).

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

Chronicle AM: Marijuana Initiatives, CT SWAT Lawsuit, ISIS Burns Syria Pot Fields, More (8/27/14)

Local marijuana initiatives move forward, the Oregon initiative is set to get a high-profile endorsement, a lot of people want to start medical marijuana businesses in Nevada, ISIS is burning pot fields in Syria, there's a harm reduction pre-event ahead of NYC's Electronic Zoo festival this weekend, and more. Let's get to it:

Marijuana Policy

City Club of Portland Draft Report Endorses Oregon Legalization Initiative. The influential City Club of Portland has issued a draft report in support of Measure 91, the legalization initiative sponsored by New Approach Oregon. If approved by City Club members, the recommendation will be a powerful, high-profile endorsement of the measure. It picked up the endorsement of the state's largest newspaper, The Oregonian, on Sunday.

Santa Fe County Commission Approves Decriminalization Initiative, But…. The commission voted Tuesday to put the initiative on the November ballot, but questions remain about whether there is enough room on a crowded ballot to add the measure to it. State officials have outlined their concerns, but County Clerk Geraldine Salazar said she is confident those issues can be overcome. Stay tuned.

York, Maine, Activists Hand in Initiative Signatures. Citizens for Safer Maine is handing in more than 900 signatures today for its initiative that would legalize the possession of up to an ounce of marijuana. The initiative needs 641 valid voter signatures to qualify. The signature turn-in comes after town selectmen voted against putting the measure on the ballot.

Medical Marijuana

Maryland Medical Marijuana Rules Come Under Fire. The state commission charged with writing the rules for medical marijuana in the state heard an earful from physicians, patients, advocates, and potential growers at a hearing Tuesday. They criticized the proposed rules as too burdensome and vague, and said they would preclude a dispensary from operating anywhere in the city of Baltimore. The commission has three weeks to finalize the rules, and the hearing in Annapolis was the first public hearing.

More Than 500 Apply for Nevada Medical Marijuana Business Licenses. The state has received applications from more than 500 people to run dispensaries, grows, testing labs, and edible and infused product companies. Under a new state law, up to 66 medical marijuana businesses will be licensed. State officials will score the applications and announce their selections in November, with the first medical marijuana sales expected early next year.

Harm Reduction

DanceSafe to Do Harm Reduction Event Ahead of NYC Electronic Zoo Music Festival. The rave culture harm reduction group DanceSafe is hosting a "Surviving Zoo" event tomorrow night ahead of this weekend's Electric Zoo music festival. They will be giving away gift bags containing drug information cards, earplugs, and condoms, and will be offering personal drug testing kits for sale. Click on the link for more details. Last year, two people died from drug use at Electronic Zoo, and festival organizers have responded by adding more law enforcement and making attendees watch an anti-drug PSA before entering.

Drug Policy

British Drug Reform Group Transform Publishes Drug Debater's Guide. The Transform Drug Policy Foundation today made available Debating Drugs: How to Make the Case for Legal Regulation. "This is a guide to making the case for the legal regulation of drugs from a position of confidence and authority. Organized into 12 key subject areas, it provides an at-a-glance summary of the arguments for legal regulation, followed by commonly heard concerns and effective responses to them. It is the product of Transform's extensive experience debating the issues around legal regulation, and running workshops to equip supporters of reform with the arguments and nuanced messaging needed to win over a range of audiences." Check it out.

Drug Reform Funder John Sperling Dies. John Sperling, best known as the founder of the University of Phoenix, has died at age 93. Along with George Soros and Peter Lewis, Sperling was one of the troika of deep-pocketed funders whose financial support helped secure the passage of California's medical marijuana and sentencing reform initiatives (Prop 215 and Prop 36, respectively). He also helped fund Arizona's medical marijuana initiative, Prop 200.

Law Enforcement

Federal Court Says Lawsuit Over Fatal Connecticut SWAT Drug Raid Can Continue. A US federal appeals court has ruled that police cannot claim immunity to quash lawsuits filed in the wake of a botched 2008 raid that left one man dead and the homeowner wounded. In the raid, a heavily armed SWAT team shot and killed Gonzalo Guizan and wounded Ronald Terebesi as the two men were watching television. The ruling said that because police responded with unnecessary and inappropriate force, they are not protected by "qualified immunity." Police were responding to a claim by a stripper that she had seen a small amount of cocaine in Terebisi's home. They found only a personal use quantity of the drug and no weapon.

International

ISIS Burns Syrian Marijuana Fields. As if we didn't have enough reasons not to like these guys. Amateur video posted on the internet reportedly filmed recently in Akhtarin, near Aleppo, purportedly shows ISIS members burning a marijuana field. Syrian human rights observers reported that ISIS had captured the village from rival Islamists weeks ago. Click on the link to see the video.

Australia's Victoria Labor Party Vows Harsh New Laws Against Meth. The opposition Labor Party is hoping to gin up votes ahead of November's elections by vowing to crack down on meth if elected. Leader Daniel Andrews is calling for new criminal offenses to be enacted and penalties of up to 25 years in prison for sales to minors. New offenses would include writing or circulating meth "cookbooks" and owning or operating properties that "turn a blind eye" to meth production, as well as selling meth near a school.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School

StopTheDrugWar Video Archive