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Chronicle AM -- July 16, 2014

The House okays marijuana banking, DC decriminalizes tomorrow, DC expands its medical marijuana program, Miami-Dade taxpayers pay for a particularly heinous killer drug raid, a lot of states did sentencing reforms last year, and more. Let's get to it:

Marijuana businesses could go to the bank under a measure passed by the House today. (Drug Policy Alliance/Sandra Yruel)
Marijuana Policy

House Votes to Let Banks Take Deposits from Marijuana Businesses. In a historic vote this afternoon, the US House has approved an amendment to the Treasury Department appropriations bill barring the agency from spending any money to punish financial institutions that provide services to marijuana businesses where it is legal. The amendment was sponsored by Reps. Heck (D-WA), Perlmutter (D-CO), Lee (D-CA) and Rohrabacher (R-CA). It passed with bipartisan support.

DC Decriminalization Law Goes Into Effect Tomorrow. As of one minute after midnight, the possession of an ounce or less of marijuana will be decriminalized in the nation's capital. Jail time for pot possession will be replaced with a $25 fine. A Republican-led effort in the House to block it remains alive, but will not stop the law from taking effect -- at least for now. That effort still has to get through the Congress and overcome White House opposition, and that looks like a long-shot at this point.

Grosse Point, Michigan, Initiative to Legalize Up to an Ounce Turns in Signatures. A municipal initiative campaign to legalize the possession of up to an ounce of pot in the Detroit suburb of Grosse Point turned in more than 600 signatures today. The group needs 493 valid voter signatures to qualify for the November ballot. Grosse Point is one of a handful of Michigan towns with similar campaigns this year, including Berkley, Hazel Park, Huntington Woods, Oak Park, and Pleasant Ridge.

Santa Fe, New Mexico, Initiative to Decriminalize Marijuana Possession Turns in Signatures. Progress Now New Mexico and Drug Policy Action (the campaign arm of the Drug Policy Alliance) have submitted more than 7,000 signatures for an initiative that would decriminalize the possession of up to an once of marijuana. They need 5,763 to qualify for the ballot.

Medical Marijuana

DC City Council Approves Medical Marijuana Expansion. The city council Tuesday approved legislation to loosen restrictions on the District's medical marijuana program. The measure replaces a restrictive list of defined illnesses and conditions with a blanket authority for doctors to recommend medical marijuana for "any condition for which treatment with medical marijuana would be beneficial, as determined by the patient's physician."

Michigan Legislature Set to Vote on Medical Marijuana Improvement Measures This Week. Senate Majority Leader Randy Richardville (R) said he expects the Senate to vote this week on a pair of measures to improve the state's medical marijuana program. One would allow localities to govern their own dispensaries; the other would allow the sale of edibles and concentrates.

LA Medical Marijuana Farmers' Market Hit With Temporary Injunction. A Los Angeles Superior Court judge Tuesday issued a temporary restraining order shutting down a medical marijuana farmers' market that drew thousands when it opened a couple of weeks ago. A hearing on a permanent injunction is set for August 6.

Thousands Sign Petition Supporting Fired University of Arizona Researcher. A petition demanding that the University of Arizona research scientist Dr. Suzanne Sisley be rehired after being fired after she won federal approval to study marijuana for military veterans with post-traumatic stress disorder has received more than 27,000 signatures. Sisley made no bones about blaming conservative Arizona political figures for her firing. Click on the link to read her comments.

Harm Reduction

Ohio Cops Slow to Carry Overdose Reversal Drug. Gov. John Kasich (R) signed a law allowing law enforcement officers to carry and administer the opiate overdose reversal drug naloxone in March, but Ohio police are slow to get with the program. Police in Columbus said they have no plans to carry it "anytime soon," and many rural agencies are also unwilling to do it. About 17 people a week are dying from opiate overdoses in Ohio. Under the new law, the drug is also available to friends, family members, and "others who may be in a position" to assist with reversing overdoses.

Law Enforcement

Miami Agrees to Pay in Death Squad-Style Police Drug Robbery Sting Killings. Miami-Dade taxpayers will shell out $600,000 to the families of three men killed by a Miami-Dade SWAT team during a drug house robbery sting. Four men, including an informant for the police, were gunned down when they appeared on the scene of a home they had been told was stuffed with drugs for them to rob. The informant's family didn't join the settlement; it is pursuing a wrongful death lawsuit in federal court. Police video of the raid shows officers firing dozens of shots into the body of a man already on the ground. It also shows the informant surrendering to police moments before they shot and killed him, too. Prosecutors suspect police officers of misconduct but were unable to develop enough evidence to charge any of them.

Almost All US Wiretaps Are for Suspected Drug Deals. A new Administrative Office of US Courts report reveals that not only did wiretaps hit an all time high last year, but that nearly 90% of them were for drug investigations. Of the 3,576 wiretaps sought by federal law enforcement agencies, 3,115 were for drug investigations.

Sentencing

Vera Institute of Justice Releases Report on 2013 State Sentencing Reforms. The report, Recalibrating Justice: A Review of 2013 State Sentencing and Corrections Trends, finds that 35 states passed at least 85 bills to reform sentencing and corrections last year. The legislation generally focused on reducing prison populations, strengthening community-based corrections, supporting reentry, and creating better research and analysis to drive policy decision-making.

International

Dutch Border Town Cannabis Café Owner Cleared of Most Charges. The owner of the Checkpoint Café in the in the town of Ternuezen near the Belgian border has been cleared of most charges against him by an Amsterdam appeals court. The café was closed in 2007 for violating government rules on soft drug sales, and the owner was found guilty of membership in a criminal organization. But the appeals court ruled that the state had not proven Checkpoint knowingly broke the rules. It was the second such decision in the past month.

Chronicle AM -- July 10, 2014

Forget Amazon's promised drone deliveries; the Mexican cartels have beat them to it. Also, Massachusetts cops will need to do more than just smell weed to search you or your vehicle, Arizona PTSD patients are okayed to use medical marijuana, Uruguay delays the roll-out of its legal marijuana sales, and more. Let's get to it:

Mexican cartels find a new way to bring drugs over the border. (wikipedia.org)
Marijuana Policy

Massachusetts Supreme Court Rules That Smell of Unburnt Marijuana Not Justification for Police Searches. Because Massachusetts has decriminalized the possession of small amounts of marijuana, police cannot use the odor of raw marijuana to justify searches of vehicles or persons, the Supreme Judicial Court ruled Wednesday. The ruling came in a pair of decisions: Commonwealth v. Obermeyer and Commonwealth v. Craan. The court had already ruled that the odor of smoked marijuana was not sufficient cause for a search; now it has included the odor of unburnt marijuana as well.

Missouri Marijuana Lifer in Campaign for Clemency. Sixty-one-year-old Jeff Mizanskey is now in his 21st year of a life-without-parole sentence for non-violent marijuana charges. He wants out, and a campaign to free him as generated nearly half a million signatures on a petition to Gov. Jay Nixon (R). But that hasn't been enough so far. Now, he is asking supporters to write Nixon a letter. Mizanskey has been helped in his campaign by the energetic folks at Show-Me Cannabis, the Missouri-based marijuana reform group.

Montana Initiative to Overturn Medical Marijuana, Block Marijuana Reforms Won't Make Ballot. An initiative that sought to change state law so that no Schedule I drug can be "legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana" isn't going to qualify for the ballot, it's proponent conceded Wednesday. Petitioners only managed to gather 12% of the signatures needed to qualify. But Billings car dealer Steve Zabawa isn't giving up; he says he will ask the legislature to pass a referendum next year to put the measure on the 2016 ballot.

Medical Marijuana

Terminally Ill Iowa Cancer Patient Convicted of Growing Own Medicine. A state court jury in Davenport that never heard Benton Mackenzie's medical marijuana defense has convicted the terminally ill cancer patient on four felony drug charges related to growing marijuana to alleviate the symptoms of his disease. The 48-year-old angiosarcoma sufferer now faces a possible mandatory minimum three-year prison sentence, although prosecutors could seek probation.

Arizona Okays Medical Marijuana for PTSD. The Department of Health Services announced Wednesday that it is authorizing the use of marijuana for patients suffering from Post-Traumatic Stress Disorder (PTSD). Its use is not approved for treatment of the condition itself, but only for palliative care of PTSD symptoms.

New Mexico US Attorney Says He Won't Prosecute Medical Marijuana Patients Busted at Border Checkpoints, But Feds Will Still Take Their Medicine. New Mexico US Attorney Damon Martinez has assured New Mexico politicians that he will not prosecute patients caught with medical marijuana at US Customs and Border Patrol checkpoints. Martinez made the vow in a letter Monday to Rep. Bill McCamley (D-Mesilla Park), who had sought assurances. But Customs and Border Patrol officers would still seize the medicine, he warned.

International

Uruguay Delays Marijuana Sales until Next Year. President Jose Mujica said Wednesday that legal marijuana sales are being pushed back to next year because of "practical difficulties" in implementing the new law, and he took a jab at legalization in the US as he did so. "If we want to do this sloppily, it is not hard to do that. That's what the United States is doing," the president said. "But if we want to get this right... we are going to have to do it slowly. We are not just going to say, 'hands off and let the market take care of it,' because if the market is in charge, it is going to seek to sell the greatest possible amount," he said.

DEA Says Mexican Cartels Using Drones to Deliver Drugs Across the Border. The DEA says Mexican drug cartels are using drones to transport drugs and have been doing so since at least 2011. The agency reported that at least 150 drone flights carrying drugs crossed the border in 2012, and that the cartels have recently intensified efforts to recruit skilled workers to manufacture and operate them.

USAID Allots $60 Million for Alternative Development as Part of Fight Against Coca. The US Agency for International Development (USAID) has earmarked $60 million to support farmers planting cocoa and coffee instead of coca. The funds will go to alternative development programs and reforestation projects.

European Union Court Rules Synthetic Cannabinoids Not Medicine. The European Court of Justice ruled today that herbal mixtures containing syntheric cannabinoids aren't medicinal products under European law. The court was responding to a request for clarification from Germany's federal court, which is currently considering two cases involving such products.

Medical Marijuana Update

Congressional Democrats who voted wrong on medical marijuana catch some flak, California continues to struggle with regulating medical marijuana, while other states struggle to get bills passed. Let's get to it:

National

Last Thursday, a medical marijuana advocacy group began airing TV ads targeting Democrats who voted against ending DEA interference in medical marijuana states. The group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee, and other Democrats as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it.

Arizona

Last Thursday, a state court judge ordered the state to allow medical marijuana for PTSD. A state court judge has ruled that "a preponderance of evidence shows medical marijuana provides palliative benefit to those suffering from PTSD" and given the state Health Department until July 9 to accept his decision or appeal it. The department has denied all previous petitions seeking to add PTSD to the list of qualifying conditions.

California

Last Tuesday, Tulare County supervisors voted to ban all medical marijuana cultivation. The county had previously allowed cooperatives or individuals to grow up to 99 plants. The board rejected a chance to simply ban collective grows, but chose instead to ban all grows. This is just the initial vote.

Last Wednesday, the city of Riverside sued to block a medical marijuana ballot measure. The city has sued to block an initiative that would legalize and regulate a small number of dispensaries less than a month after organizers qualified it for the 2015 ballot. The initiative "goes beyond the legislative powers of the electorate" and is illegal because it would force the city to violate state and federal laws, including the federal Controlled Substances Act, the city argues.

On Tuesday, the San Jose city council approved tough restrictions on dispensaries and cultivation sites. The council's vote limits dispensaries to a handful of industrial areas making up less than 1% of the city. It also forces dispensaries to grow all their medicine in the county, limit their store hours, and bars them from selling edibles resembling candy. Medical marijuana backers say they have already collected enough signatures to put their own dispensary regulations on the ballot. It ain't over in San Jose.

Also on Tuesday, Sacramento County supervisors introduced an ordinance allowing limited indoor cultivation. Residents of unincorporated areas of the county would be able to grow up to nine plants indoors. Two months ago, the board backed a ban on all outdoor cultivation. The indoor cultivation ordinance comes up for a vote next week.

Also on Tuesday, Santa Cruz County supervisors okayed asking voters to approve a dispensary tax in November. The measure would allow dispensaries to be taxed at up to 10% of their gross sales. The county estimates it would raise about $900,000 a year, to be used to enforce marijuana dispensary and cultivation regulations.

District of Columbia

Last Thursday, the Department of Health added new qualifying conditions for patients. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Florida

On Wednesday, new polls showed strong support for medical marijuana among Florida voters. With medical marijuana on the ballot in November, a new poll shows 70% of likely voters support the constitutional amendment. Because it is a constitutional amendment, it needs 60% to pass. Another poll released this week has support at 66%. "Florida's medical marijuana amendment that will be on the ballot this fall continues to appear headed for easy passage," Public Policy Polling, which did the second poll, wrote in an analysis.

Also on Wednesday, conservative billionaire Sheldon Adelson kicked in $2.5 million to defeat the initiative. Billionaire casino magnate and major Republican political donor Sheldon Adelson has donated $2.5 million to the campaign to defeat the Florida medical marijuana initiative. A newly-formed group backed by Adelson, the Drug Free Florida Committee, was started by long-time GOP fundraiser Mel Sembler and his wife Betty. It has raised $2.7 million so far and its top donors have been primarily Republicans.

Massachusetts

Last Friday, the DEA was reportedly giving dispensary docs an ultimatum: quit the dispensaries or lose your license. The Boston Globe reported that DEA agents have been visiting Massachusetts doctors involved with medical marijuana dispensaries and telling them the DEA will jerk the licenses to prescribe drugs if they don't cut ties with the dispensaries. And it's working. At least two doctors have severed ties, while one gave up his DEA license, saying as a semi-retired surgeon, he didn't need it to do his job. The Globe reports this will likely slow the opening of some long-awaited dispensaries.

Nevada

On Monday, Clark County commissioners approved 18 dispensary licenses. There will soon be 18 medical marijuana dispensaries operating in unincorporated parts of Clark County, the home of Las Vegas. Nevada approved medical marijuana in 2000, but only approved dispensaries last year.

New York

On Tuesday, a key GOP senator said he will not allow a vote on medical marijuana. Senate Finance Committee Chairman John DeFrancisco (R) said today he would not allow a vote on the Compassionate Care Act, sponsored by Sen. Diane Savino (D). "The Savino bill will not come out of my committee, the Finance Committee," he said. "You don't have any kind of reasonable research on the effects. You have people coming in here every day trying to ban e-cigarettes and use of tobacco in other ways." He said he and other Senate Republicans may be open to legislation that would not allow marijuana to be smoked. The session ends next Thursday.

North Carolina

On Saturday, Todd Stimson began a "March Against Fear" to generate support for medical marijuana. He is leading the 259-mile "March Against Fear" from Asheville to Raleigh to help bring attention to a pending medical marijuana bill, House Bill 1161. The bill was filed last month and is now languishing in the House Judiciary Committee. Click on the title link to join up or get more info.

Pennsylvania

On Tuesday, a medical marijuana bill got a committee hearing and stays alive. Following a hearing on Senate Bill 1182, committee members said they had been assured the bill would get a vote in the Senate Law and Justice Committee, but it will be then up to Senate leaders to decide if they will allow a floor vote. If it gets and wins a floor vote, the House would still have to pass it, or pass its own version.

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

Medical Marijuana Update

California battles over dispensaries and cultivation rules continue, medical marijuana bills move in Illinois, Minnesota, New York, and South Carolina, and more. Let's get to it:

California

Last Friday, a Shasta County official filed a lawsuit to block an initiative that seeks to take changes in the county's medical marijuana program to voters in the fall. County Counsel Rubin Cruise Jr. filed a complaint against petitioner Tamara Kelly saying part of her proposal violated state law because it called for a tax that only county commissioners can impose. The initiative would have medical marijuana growers pay the county a tax on donations they receive from patients and would also create basic regulations for marijuana gardens on properties smaller than five acres and a hearing system to help resolve disputes with growers.

Last Saturday, Riverside County certified an initiative to rescind the city of Riverside's ban on dispensaries. Campaigners handed in enough valid signatures to qualify for the ballot, but the vote apparently won't take place until June 2015.

On Monday, the Senate Public Safety Committee approved a bill that would require police to return medical marijuana to users if charges are dropped or they are acquitted. Senate Bill 1193, sponsored by Sen. Noreen Evans (D-Santa Rosa), now heads to the Senate Appropriations Committee.

On Tuesday, Lake County medical marijuana supporters handed in signatures for an initiative that would revise the county's cultivation policies. The Medical Marijuana Control Act would allow four marijuana plants per parcel on properties of under an acre, limit collective gardens to 48 plants on rural properties of five acres or more, require fully fenced and locked garden areas, create a medical marijuana enforcement division in the Community Development Department and establish a medical marijuana enforcement officer position. It needs 2,115 valid signatures to qualify for the November ballot; proponents handed in more than 3,000 raw signatures.

Also on Tuesday, the San Jose city council punted on its dispensary ordinance. The council delayed voting on its controversial measure until next week. The decision to postpone the vote came after hours of heated and emotional testimony on all sides of the issue.

Illinois

On Wednesday, the House approved medical marijuana for seizures. The House approved Senate Bill 2636, which expands the state's medical marijuana law to include both adults and minors suffering from seizure disorders. The measure has already passed the Senate and now goes to the desk of Gov. Pat Quinn (D).

Massachusetts

Last Wednesday, a state senator filed a budget amendment seeking to tax medical marijuana sales. State Sen. Brian Joyce (D-Milton) 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.

On Wednesday, the budget debate got underway, with patients objecting to any sales tax on medical marijuana. "To tax sick and suffering patients is just wrong," said Matthew Allen, executive director of the Massachusetts Patient Advocacy Alliance. "By their very nature, medical marijuana patients tend to be lower income people because that's the nature of serious and chronic illness."

Minnesota

Last Thursday, lawmakers compromised on a medical marijuana bill that doesn't allow smoking. 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.

Last Friday, both houses gave the medical marijuana bill final approval.

New Mexico

On Monday, the state Court of Appeals upheld insurance coverage for medical marijuana. The state Court of Appeals ruled unanimously that an injured worker can be reimbursed for medical marijuana purchases by his former employer and the company's insurer. The appeals court upheld an earlier workmen's compensation decision in favor of the worker. The case is Vialpando v. Ben's Automotive Service and Redwood Fire & Casualty. Attorneys familiar with the case said they knew of no similar rulings in other medical marijuana states.

New York

Last Thursday, a Republican senator filed a 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.

On Tuesday, the Senate Health Committee approved the Compassionate Use Act. The committee 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, but first it must get through the Senate Finance Committee.

Oregon

Last Thursday, a circuit court judge ruled that the state's medical marijuana law is unenforceable because it conflicts with federal law. The ruling came in a case involving the right of the city of Medford to revoke the business license of a dispensary. Expect the decision to be appealed.

Rhode Island

Last Wednesday, the Health Department admitted it was falling 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

Last Wednesday, the Senate Medical Affairs Committee approved a limited CBD medical marijuana bill. House Bill 4803 would allow the use of high-CBD marijuana extracts for patients suffering severe epilepsy. It has already passed the House.

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

Chronicle AM -- May 21, 2014

Marijuana, marijuana, marijuana. Sometimes it seems like it's sucking all of the air out of the room in drug policy. But there are a lot of other things going on, too. Plus, Michele Leonhart finds a friend, Dana Rohrabacher talks legalization, and Virginia cops are raking in the asset forfeiture cash. Let's get to it:

A marijuana user and his dog. One of a series of photos normalizing marijuana use by Sonya Yruel/Drug Policy Alliance
Marijuana Policy

FBI Ponders Loosening Marijuana Hiring Policies Because Too Many Hackers are Stoners. FBI Director James Comey said Monday the organization may have to modify its no-tolerance policy for hiring people who have smoked marijuana because many of the people it wants to hire as programmers and hackers like to smoke pot. "I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview," Comey said. He added that the FBI was "grappling right now" with how to amend its hiring policies, which currently exclude anyone who has smoked in the past three years. [Update: Not gonna happen. Comey said Wednesday at a Senate Judiciary Committee hearing that he is "absolute dead set against using marijuana" and "I did not say I was going to change that ban." His remarks came in response to a question from Sen. Jeff Sessions (R-AL) who was worried about his Monday comments.]

Truven Health Survey Has Support for Legalization at 43% Nationwide. A national survey of attitudes toward marijuana conducted by Truven Health has support for legalization at 43% nationwide, with support for medical marijuana at 78%. Click on the link for more demographic details.

Tennessee Poll Has Three Out of Four Supporting Some Form of Marijuana Access. The latest Vanderbilt Poll has 76% supporting some form of access to marijuana, with just more than one in five (22%) of respondents saying it should not be legal, period. Just under a third (32%) said it should be legal for personal use, while another 44% said it should be legal for medical use.

New Mexico Democratic Gubernatorial Candidates Talk Pot Policy. Marijuana policy is on the agenda in New Mexico, and it's splitting the Democratic gubernatorial candidates. Two candidates -- Alan Webber and Howie Morales -- support legalization and regulation, Lawrence Rael said it should be up to the voters, Linda Lopez wants to "wait and study," while Gary King opposes legalization, but says he supports reduced penalties for personal possession. Click on the link for more details.

Maine Local Legalization Initiatives About to Start Signature-Gathering. Advocates of marijuana legalization got a local ordinance approved in Portland six months ago. Now, they're back and about to start signature-gathering in three more Maine cities: Lewiston, South Portland, and York. The campaign will get underway "in the coming weeks," supporters said.

Medical Marijuana

Illinois House Approves Medical Marijuana for Seizures. The House voted today to approve Senate Bill 2636, which expands the state's medical marijuana law to include both adults and minors suffering from seizure disorders. The measure has already passed the Senate and now goes to the desk of Gov. Pat Quinn (D).

Massachusetts Patients Object to Sales Tax on Medical Marijuana. The state Senate today began debating a state budget, and medical marijuana patients are objecting loudly to amendments proposed by Sen. Brian Joyce (D-Milton) that would impose the state's 6.25% general sales tax on medical marijuana products. "To tax sick and suffering patients is just wrong," said Matthew Allen, executive director of the Massachusetts Patient Advocacy Alliance. "By their very nature, medical marijuana patients tend to be lower income people because that's the nature of serious and chronic illness."

New Mexico Appeals Court Upholds Insurance Coverage for Medical Marijuana. The state Court of Appeals Monday ruled unanimously that an injured worker can be reimbursed for medical marijuana purchases by his former employer and the company's insurer. The appeals court upheld an earlier workmen's compensation decision in favor of the worker. The case is Vialpando v. Ben's Automotive Service and Redwood Fire & Casualty. Attorneys familiar with the case said they knew of no similar rulings in other medical marijuana states.

New York Medical Marijuana Bill Wins Senate Committee Vote. In a historic move, a state Senate committee actually heard a medical marijuana bill -- and then voted to approve it. The Senate Health Committee gave the okay to Senate Bill 4406, the Compassionate Care Act, sponsored by Sen. Diane Savino (D-Staten Island). Medical marijuana bills have passed the state Assembly repeatedly in recent years, only to die of inaction in the Senate. The bill now heads to the Senate Finance Committee, which must approve it before it can go to a floor vote.

South Carolina Limited CBD Medical Marijuana Bill Wins Senate Committee Vote. A bill to allow epilepsy patients to use high-CBD marijuana extracts was approved by the Senate Medical Affairs Committee Tuesday. House Bill 4803 has already passed the House and should get a final floor vote next week.

Asset Forfeiture

Virginia Cops Scored $57 Million in Seized Assets Since 2007. Virginia law enforcement agencies have raked in more than $57 million in asset forfeitures in the last six years, according to a lengthy analysis by The Virginian-Pilot. Under the state's asset forfeiture laws, the cops get to keep 90% of what they seize. In its 2010 report Policing for Profit: The Abuse of Civil Forfeiture, the Institute of Justice gave Virginia a grade of "D-" for both its lax asset forfeiture laws and the ease with which they can be circumvented by law enforcement.

Drug Policy

Embattled DEA Head Has a Friend in Virginia Rep. Frank Wolfe. Rep. Frank Wolfe (R-VA) is sticking up for embattled DEA Administrator Michele Leonhart. She was recently scolded and brought into line on sentencing policy by her boss, Attorney General Eric Holder, and Wolfe took umbrage at that. He called the Obama administration "Nixonian" for trying to get Leonhart back on the reservation. "Having served in the Nixon Administration, I am well aware of how the political leadership of an administration can try to politicize the civil service, including law enforcement," Wolfe wrote in a letter to the Justice Department. "This article [Ed: a Huffington Post piece on Leonhart's comeuppance] suggests a similar 'Nixonian' effort to pressure a career law enforcement leader into changing her congressional testimony and public comments to fit the narrative of the administration. I am deeply concerned and hope you will correct the record if the information reported was inaccurate."

Legalization Gets Discussed at House Committee Hearing. A House Committee on Foreign Affairs hearing on US-Mexican affairs turned briefly into a discussion of the pros and cons of drug legalization Tuesday. Rep. Dana Rohrabacher (R-CA) asked State Department officials whether it wouldn't be better to weaken drug cartels by legalizing drugs than to spend billions trying fruitlessly to suppress them. But William Brownfield, assistant secretary for State's Bureau of International Narcotics and Law Enforcement ("drugs and thugs"), demurred, saying he couldn't recommend a policy that would increase the availability of currently illegal drugs. Rohrabacher responded by saying he had seen no evidence that legalization would increase the number of drug users.

Students for Sensible Drug Policy Sets National Conference for September in DC. Students for Sensible Drug Policy (SSDP) will hold its national conference and lobby day in Washington, DC, on September 26-29. Click on the link for all the details.

Drug Testing

O.pen VAPE Feels the Heat, Backs Off on Drug Testing. The Denver-based marijuana vaporizer company O.pen VAPE took a lot of heat earlier this month when it announced an invasive drug testing policy aimed at "dangerous drug" users. Now, the company has switched gears and has announced it will instead use computer-assisted impairment testing. Celeb Stoner has more details, click on the link to read all about it.

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

Chronicle AM -- 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 -- April 23, 2014

There's news on the marijuana legalization initiative front, decrim dies in New Hampshire, pot sentencing reform dies in Alabama, Illinois patients can keep their guns, drugged driving and reproductive rights make news, too. And more. Let's get to it:

Former drug offenders will have their voting rights restored in Virginia, thanks to Gov. Terry McAuliffe (D). (wikipedia.org)
Marijuana Policy

Alaska Legalization Vote Pushed Back to November. A ballot initiative that could make Alaska the third US state to legalize recreational marijuana will go before voters in a general election in November rather than in August as previously scheduled, officials said on Monday. Alaska ballot initiatives typically go before voters in primary elections. But a lengthier-than-normal state legislative session this year forced the change because, under state rules, initiatives must go to voters no less than 120 days after the end of a session.

New Approach Oregon Legalization Initiative Gets Another Big Bucks Donation. The Drug Policy Action Network, the political arm of the Drug Policy Alliance, has given $100,000 to the New Approach Oregon legalization initiative campaign. That's the second $100,000 in a week for the initiative, which has just commenced its signature-gathering phase.

Total Marijuana Ban Initiative Proposed in Montana. A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure last week. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana."

No Decriminalization for New Hampshire This Year. Criminal penalties for possessing small amounts of marijuana will not change, after the Senate refused to consider a House-passed bill. Under House Bill 1625, the penalty for having an ounce or less of marijuana or hashish would have been the same as a traffic ticket, and it would have lowered the penalties for growing less than six marijuana plants. The bill passed the House by a better than two-to-one margin, but the Senate refused to accept the bill. It had killed a nearly identical bill last session.

Louisiana to Retain Harsh Marijuana Penalties. The Senate Judiciary Committee voted Tuesday to kill a bill that would reduce the state's marijuana penalties, some of the harshest in the country. Senate Bill 323 would have made simple possession a misdemeanor punishable by no more than six months in jail. Under current law, repeat pot possession offenders can be jailed for up to 20 years. The measure failed on a 4-3 vote.

Medical Marijuana

Florida Limited CBD Medical Marijuana Bill Wins House Committee Vote. A bill to allow patients suffering from seizures or severe pain to use high CBD cannabis oil has passed the House Judiciary Committee. House Bill 843 passed the committee 15-3 and now heads for a House floor vote.

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) last week signed into law Assembly Bill 726, which allows the use of CBD cannabis oil to treat severe seizures in children.

Illinois Medical Marijuana Patients Can Keep Their Guns. Illinois regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

Drugged Driving

Arizona Supreme Court Rules Presence of Marijuana Metabolite Not Sufficient to Prove Impaired Driving. The state's high court ruled Tuesday that motorists with a secondary marijuana metabolite in their system cannot be charged with a DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment. The state had argued that even the presence of metabolites in the urine of users was sufficient for a conviction, but the high court said "this interpretation would criminalize otherwise legal conduct" and "leads to absurd results." The case is Arizona v. Shilgevorkyan.

Michigan Bill Would Allow Police to Saliva Test for Drugs During Traffic Stops. The House Judiciary Committee is considering a package of bills related to drugged driving, including one, House Bill 5385, that would allow police to include saliva testing through a mouth swab. The measure is opposed by medical marijuana advocates, who raised concerns about the accuracy of the tests. The committee will continue taking testimony on the bills, which would also allow for police officers to confiscate driving licenses and issue temporary permits for drugged drivers as they do for suspected drunk drivers now.

Reproductive Rights

Tennessee Legislature Passes Bill Criminalizing Pregnant Women for Drug-Related Harm to Fetuses. A bill that holds women criminally accountable for illegal drug use during pregnancy, with punishments of up to 15 years in prison, passed the legislature last week. Senate Bill 1391 punished drug-using women if their babies are stillborn or born addicted or otherwise harmed. Gov. Bill Haslam (R) has 10 days to decide whether to sign it into law.

Alabama Supreme Court Rules That Women Can Be Charged With Chemical Endangerment if They Become Pregnant and Use a Controlled Substance. The state Supreme Court last Friday upheld the conviction of a woman who gave birth to a baby that tested positive for cocaine, even though the infant was healthy. In so doing, the court upheld the state's 2006 chemical endangerment law and held that the word "child" in the law includes fertilized eggs. The case is Ex Parte Sara Jane Hicks. Alabama and South Carolina are the only states that authorize the prosecution of pregnant women for drug use, although as we see above, Tennessee could soon join them.

Prescription Drugs

Oklahoma Senate Approves Bill Adding Prescription Drugs to Drug Trafficking Law. The Senate Monday approved a bill adding four additional drugs to the state's Trafficking in Illegal Drugs Act. The measure, House Bill 2589, adds morphine, oxycodone, hydrocodone and benzodiazepine to the list of controlled substances in the act. Individuals convicted under the act would receive a minimum of 10 years, which is twice the prison term for possession of these substances. The bill is supported by the Oklahoma Bureau of Narcotics. It has been amended and will return to the House of Representatives for reconsideration.

Opiate Pain Relievers

FDA Panel Recommends Against Approving Dual Opioid Medication. An advisory panel of the Food and Drug Administration (FDA) voted Tuesday against approving a combination morphine-oxycodone painkiller. The drug, Moxduo, would be the first medication to combine both opioids in one capsule. Moxduo's manufacturer, QRxPharma, says the drug is intended to provide faster relief from moderate to severe pain, with fewer side effects than currently available opioids. The panel voted unanimously against approving it, concluding that QRxPharma had not proved the drug is less likely to cause potentially life-threatening respiratory suppression, compared with taking oxycodone or morphine alone.

Search and Seizure

US Supreme Court Upholds Vehicle Stops Based on Anonymous Tip. An unusually divided Supreme Court ruled Tuesday that an anonymous 911 phone call reporting a reckless driver justified a traffic stop that led to a marijuana. The 5-4 decision saw Justice Antonin Scalia side with the court's liberal minority, but Justice Stephen Breyer's vote gave the conservative majority the win. The case is Navarette v. California. The ruling means police need not corroborate anonymous reckless driving tips before stopping a vehicle.

Voting Rights

Virginia Governor to Restore Voting Rights for Drug Offenders. Virginia Gov. Terry McAuliffe (D) announced Friday that he will immediately restore voting rights to anyone who has completed their sentence for a drug offense, and reduce the waiting period for other violent felonies from five years to three. Virginia is one of four states that ban all ex-felons from voting for life unless they receive clemency from the governor. But governors in these states can take executive action to alter the policies on these felons.

International

Sinaloa Cartel Losing Ground in Ciudad Juarez, Stratfor Analyst Says. The Carrillo Fuentes drug-trafficking organization, with its enforcement arm La Línea, is moving to regain the El Paso-Juárez corridor from the Sinaloa cartel, whose power in Juarez is eroding quickly, according to a terrorism and security analyst from the Texas-based private intelligence firm Stratfor. Click on the link for more details.

Medical Marijuana Update

Medical marijuana remains on the agenda at statehouses across the country, Oregon communities decide whether to bother with temporary dispensary moratoriums, DC looks to expand its medical marijuana program, and more. Let's get to it:

Arizona

Last Thursday, medical marijuana advocates began a recall effort against state Sen. Kimberly Yee for blocking funding of a study of marijuana as a treatment for PTSD in veterans. The Phoenix NORML affiliate and the Arizona Veterans Assistance Committee have undertaken a campaign to make the Phoenix Republican pay a price. They'll need to collect 18,297 signatures from Legislative District 20 by August 2.

California

Last Thursday, a district judge upheld Bakersfield's ordinance banning dispensaries. A group called Concerned Citizens for Bakersfield had filed a lawsuit to block it, arguing that the city hadn't complied with environmental requirements, but the judge wasn't buying it.

Also last Thursday, Assemblyman Tom Ammiano reintroduced his medical marijuana regulation bill. The San Francisco Democrat's new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut

Last Thursday, Connecticut picked locations for six dispensaries. The state Consumer Protection Commissioner announced that facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville had been authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

District of Columbia

On Tuesday, a medical marijuana expansion bill was filed. The bill, sponsored by Councilmembers Yvette Alexander and David Grosso, would permit doctors to recommend medical marijuana to patients suffering from any condition for which it provides medical benefits. Patients would then be allowed to apply to the Department of Health for acceptance in the District's medical marijuana program. All 13 members of the council are now cosponsors.

Illinois

Last Wednesday, a CBD medical marijuana bill passed the Senate. The bill would allow children to use high-CBD cannabis oil to treat epilepsy. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Maryland

On Monday, the state legislature passed a medical marijuana expansion bill. The bill would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Minnesota

Last Thursday, medical marijuana supporters unleashed TV ads attacking Gov. Dayton for opposing medical marijuana. An aggressive TV ad targeted the DFL governor after he told a St. Paul mother and her seizure-ridden child to just find medical marijuana on the street!

On Tuesday, medical marijuana supporters tried to attach their stalled bill to a broader health bill. A standalone bill, House File 1818, has been stuck in committee, but supporters plan to propose it as an amendment to a separate health bill. The vote will come after the legislature returns from spring break later this month.

Missouri

On Tuesday, a House committee approved a CBD medical marijuana bill. The bill would permit use of "hemp extract" with little THC and high CBD. Patients would need to have epilepsy that a neurologist has determined is not responding to at least three treatment options. The bill is House Bill 2238, and it has the support of the Republican House leadership.

New Jersey

Last Thursday, a patient sued NJ Transit for denying him a job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

New Hampshire

On Wednesday, supporters rallied as a Senate committee considered a home cultivation bill. The measure, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Oregon

On Monday, the Newport city council enacted a moratorium on dispensaries. The council said the moratorium would remain until it could get rules and regulations in place, probably a few months. By state law, the moratorium must end by May 1, 2015.

Also on Monday, the Springfield city council rejected a moratorium on dispensaries. Other Lane County communities, including Florence, Junction City and Oakridge have approved one-year bans. Lane County and Veneta considered but decided against imposing moratoriums.

On Tuesday, the Coburg city council approved a moratorium on dispensaries.

South Carolina

Last Wednesday, the House passed a CBD medical marijuana bill. The bill allows people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

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

Chronicle AM -- April 7, 2014

Talk about unintended consequences! Faced with a declining US market share, Mexican marijuana farmers are switching to opium poppies. Plus, AG Holder has some words about rescheduling, the Maryland decrim bill is back from the dead, it looks like 2016 for California legalization, and more. Let's get to it:

With declining US market share, Mexican marijuana farmers are switching to poppies. (unodc.org)
Marijuana Policy

Holder Says Obama Administration "Willing to Work" With Congress to Reschedule Marijuana. Attorney General Eric Holder said Friday that the Obama administration would be willing to work with Congress if lawmakers want to reschedule marijuana. Holder did not mention that the administration, and he personally, already have the statutory authority to reschedule marijuana, without needing further permission from Congress. Either way, recategorizing marijuana would not legalize the drug under federal law, but it could ease restrictions on research into marijuana's medical benefits and allow marijuana businesses to take the usual tax deductions, e.g. not pay taxes on money that has been paid out for things like rent or payroll. "We'd be more than glad to work with Congress if there is a desire to look at and reexamine how the drug is scheduled, as I said there is a great degree of expertise that exists in Congress," Holder said during a House Appropriations Committee hearing. "It is something that ultimately Congress would have to change, and I think that our administration would be glad to work with Congress if such a proposal were made." 

Okay, There Will Be No California Legalization Initiative This Year. Proponents of the last two California marijuana legalization initiatives still alive this year have thrown in the towel. Dave Hodges, proponent of the Marijuana Control, Legalization & Revenue Act (MCLR) announced today that it will not meet an April 18 signature-gathering deadline, while Berton Duzy, proponent for the revived California Cannabis Hemp Initiative (CCHI), which has received a signature-gathering extension, conceded that "We're not going to make 2014." In California, it's now all eyes on 2016.

Maryland Decriminalization Returns from the Dead, Passes House. Defying a powerful committee chairman who tried to derail a decriminalization bill by turning it into a study bill, House delegates Saturday passed House Bill 879 by a vote of 78-55. Final procedural votes on both measures are expected today, the last day of the session.

Delaware Governor "Willing to Discuss" Softer Marijuana Penalties. Gov. Jack Markell (D) is "willing to discuss" changes that would reduce penalties for the possession of small amounts of marijuana, according to a spokesman for the governor. "The governor has supported making marijuana available for medical purposes and DHSS expects to license a dispensary that can open in Delaware this year," Markell spokesman Jonathon Dworkin said in a statement. "The governor is willing to discuss changing the penalty for possession of small amounts of marijuana from jail sentences to just fines, but he would not support full legalization at this time without further studies and evidence of its consequences."

Thousands Rally at Annual Ann Arbor Hash Bash. An estimated 8,000 people gathered at the University of Michigan in Ann Arbor for the 42nd annual Hash Bash over the weekend. Police warned that people who toked up could get arrested, but that didn't seem to stop anybody. As The Detroit Free Press noted, "the event's usual plume of smoke hung over the crowd."

University of Colorado Will Close the Campus Again for 4/20. University of Colorado officials will close the Boulder campus on April 20 for the third straight year to prevent thousands of celebrants from marking the stoner holiday on campus. From noon to 6:00pm on April 20, CU faculty, students and staff will be required to show identification to enter campus. Officials brushed aside student complaints.

Medical Marijuana

Washington State Appeals Court Upholds Local Ban on Collective Gardens. The Washington Court of Appeals last week upheld the city of Kent's ban on medical marijuana collective gardens, ruling that the ordinance is not preempted by state law. The case is Cannabis Action Coalition et al. v. City of Kent et al.

Hemp

Nebraska Governor Signs Hemp Research Bill. Gov. Dave Heineman (R) last week signed into law Legislative Bill 100, which allows University of Nebraska campuses to grow hemp for research purposes. This is the first such bill to pass since Congress authorized search research when it accepted a hemp amendment to the omnibus agriculture bill this fiscal year.

Drug Testing

Michigan Suspicion-Based Welfare Drug Testing Bill Polls Well. Suspicion-based drug testing for welfare recipients has broad support across Michigan, a new poll shows. The poll, conducted by Marketing Resource Group, finds that 77% of respondents support legislation that would require the Department of Human Services to test welfare recipients suspected of using drugs, then send recipients with positive tests to rehab. House Bill 4118 has already passed the House and Senate, but was amended in the latter chamber, so it still needs another House floor vote.

Law Enforcement

California Bill Would Create Zero-Tolerance DUID Law. A bill that would make the presence of any detectable amount of any controlled substance, including prescription drugs, evidence of drugged driving has been filed in the Assembly. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Solano) is before the Assembly Public Safety Committee.

Colorado Bill Would Make Mere Drug Possession Evidence of Child Endangerment. Under a bill introduced by state Sens. Andy Kerr (D-Lakewood) and Linda Newell (D-Littleton), the mere possession or use of illicit substances would be grounds for a claim of child endangerment. Senate Bill 178 was filed April Fools' Day, but it's no joke.

International

With Declining US Market Share, Mexican Farmers Switch from Marijuana to Opium. With the wholesale price of marijuana falling -- driven in part by decriminalization or legalization in sections of the United States -- Mexican drug farmers are turning away from cannabis and filling their fields with opium poppies, according to this lengthy article from The Washington Post. That means more, cheaper heroin for the US market. Pot farming "isn't worth it anymore," one farmer complained. "I wish the Americans would stop with this legalization." David Shirk, a Mexico researcher at the University of California at San Diego, told The Post, "When you have a product losing value, you diversify, and that's true of any farmer… The wave of opium poppies we're seeing is at least partially driven by changes we're making in marijuana drug policy."

Filipino Drug Warrior Mayor Issues Shoot-to-Kill Order for Cocaine Sellers. Davao City Mayor Rodrigo Duterte, a man never known for letting human rights get in the way of his war on drugs, has issued a shoot-to-kill order against anyone selling cocaine from eight bricks of the drug still missing after police seized 64 of the one-pound packages. "Once they go out and use or sell them, they will become drug lords. I have a shoot-to-kill order, especially if they resist arrest -- if they do that, we can enforce the shoot-to-kill," Duterte said.

Jamaican Marijuana Growers Association Is Launched. A group of influential Jamaicans gathered Saturday to formally launch an association of supposed future marijuana cultivators as momentum builds toward loosening laws prohibiting pot on the Caribbean island. Some 300 people assembled at a conference center in downtown Kingston to officially launch the Ganja Future Growers and Producers Association. Among other things, the group will lobby for creation of a regulated cannabis industry on the tropical island famed for its marijuana cultivation. The government has been making some promising noises about medical marijuana and decriminalization, but there is nothing definite so far.

Chronicle AM -- March 27, 2014

No marijuana legalization in New Hampshire this year, neurologists recommend cannabis oil for MS, New Mexico pharmacists will start prescribing naloxone, Russian-US drug cooperation is at risk over the Crimea crisis, and more. Let's get to it:

Coat of arms for the Russian Federal Drug Control Service. It's getting the cold shoulder from the US these days. (kremlin.ru)
Marijuana Policy

California PPIC Poll Has Support for Legalization at 53%. A new Public Policy Institute of California poll has support for marijuana legalization at 53% among registered voters, with 60% of independents and 57% of Democrats in favor. On the other hand, 62% of Republicans were opposed.

New Hampshire House Kills Legalization Bill. A bill to legalize marijuana in New Hampshire died in the House yesterday on a 192-140 vote. The House had passed the bill once in January, but support has eroded since then. The measure was House Bill 492.

Medical Marijuana

California Supreme Court Ruling Upholds Local Cultivation Bans. The state Supreme Court Wednesday denied review of an appellate court decision upholding the rights of local governments to completely ban personal cultivation by medical marijuana patients. The ruling came in a lawsuit sponsored by California NORML, which had asked the high court to "depublish" the decision. "We are deeply disappointed by the court's decision," said CANORML Director and Prop 215 coauthor Dale Gieringer, "They have effectively undermined Prop. 215's stated purpose 'to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes.'"

American Academy of Neurology Recommends Cannabis Oil for Multiple Sclerosis. The American Academy of Neurology is recommending oral cannabis extract to help ease spasticity symptoms and pain in patients with multiple sclerosis, along with other therapies, in new evidence-based complementary and alternative medicine (CAM) recommendations. Click on the link for more details.

Kentucky CBD Medical Marijuana Bill Passes House. The House voted 98-0 Wednesday to approve a bill allowing the use of high CBD cannabis oil to treat seizures in children. Senate Bill 124 has already passed the Senate, but must return there for approval of minor changes made in the House version of the bill.

Heroin

Kentucky Heroin Bill Wins House Committee Vote. A bill that would address heroin use with a combination of increased penalties for trafficking and harm reduction measures for users squeaked through the House Judiciary Committee on a one-vote margin. But Senate Bill 5 faces an uncertain future; civil libertarians oppose some law enforcement provisions, while some elected officials oppose some harm reduction provisions.

Harm Reduction

New Mexico Pharmacists to Start Prescribing Overdose Reversal Drug. New Mexico pharmacists are the first in the nation to be certified to prescribe the overdose reversal drug naloxone (Narcan). The first batch of 60 pharmacists have been trained and certified by the state Health Department. New Mexico law allows pharmacists to prescribe certain drugs.

Law Enforcement

Detroit Drug Sweep Nets Arrests, Not Many Drugs. Yesterday's sweep of poor Detroit neighborhoods, the most recent in a series of mass drug sweeps, yielded 44 felony and 19 misdemeanor arrests, two grams of cocaine, three grams of heroin, 25 pounds of marijuana, 4,000 prescription pills, $14,500 in cash, and about two dozen illegal weapons. Similar raids in November, December, and February have netted similar results.

International

US Drug Official Rejects Invitation from Russian Counterpart. Deputy director of the Office of National Drug Control Policy (ONDCP) Michael Botticelli has rejected an invitation to meet on drug issues in Moscow, citing the ongoing Crimea crisis. "Given the continued violation of the sovereignty and territorial integrity of Ukraine by Russia, we are suspending some bilateral discussions with the Russian Federation, including this one," Rafael Lemaitre, ONDCP communications director, told Itar-Tass news agency. Russian Federal Drug Control Service chief Viktor Ivanov is one of the Russia political figures sanctioned by the US as a result of the Crimea conflict.

International Ibogaine Providers Conference in South Africa in May. The 4th International Ibogaine Provider's Conference will take place between May 7 and 10 in Durban, South Africa. Discussions will cover a broad spectrum of topics, from developments in research, treatment protocol, and legislation. The featured topic of interest for the conference will be the sustainability of tabernanthe iboga, the implications of ibogaine treatment on regional practices in Africa, and ways that international collaborations can help to ease the effects of demand on iboga's availability. Click on the link for more details and registration information.

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