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Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

A faked Facebook page will cost the DEA $134,000. (facebook.com)
Marijuana Policy

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

Hemp

Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.

Sentencing

Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.

International

Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

Medical Marijuana Update

All the medical marijuana news this week is from the West and Midwest. There's good news from Iowa, Montana, and South Dakota, but things are going slowly in Illinois. Let's get to it:

Illinois

Last Wednesday, the state missed its own deadline on issuing medical marijuana licenses. State officials admitted Wednesday afternoon that they had missed their self-imposed deadline to begin issuing dispensary and cultivation licenses before the end of 2014. But they didn't say why or when they would be ready. Here is the statement from the Department of Health: "We are strongly committed to bringing relief to thousands of people across the state and ensuring Illinois is the national model for implementing medical cannabis. We are working hard to make sure this is done right. We are conducting a comprehensive review of every cultivation center and dispensary applicant to ensure that only the most qualified are approved for this important program. We will announce the recipients when this important review is finished."

Iowa

On Monday, the Iowa Pharmacy Board voted to reschedule CBD, but not marijuana. The state Board of Pharmacy voted to move cannabidiol (CBD) from Schedule I to Schedule II, but not marijuana. The board was acting on a petition from long-time activist Carl Olsen, who sought to have the whole plant rescheduled. But the board wasn't ready to do that. Olsen says while it isn't what he was asking for, it is a step in the right direction.

Montana

Last Friday, a district court judge blocked some restrictions on medical marijuana. A state district court judge dealt a death blow to provisions of a restrictive state medical marijuana law passed by the Republican-dominated legislature seven years after Big Sky voters approved a more open initiative allowing for medicinal use and a wide open dispensary scene. District Judge James Reynolds in Helena permanently enjoined the implementation of certain key provisions in the law. Those provisions have never actually taken effect because Reynolds blocked them with a temporary injunction back in 2011. Click on the title link for more details.

South Dakota

On Monday, medical marijuana billboards began going up in Sioux Falls. Billboards pushing for medical marijuana and paid for by the Sioux Falls Free Thinkers are going up this week in South Dakota's largest city. The move comes as advocacy groups, including South Dakota Against Prohibition, work to get a medical marijuana bill through the legislature this session. South Dakota legislators have consistently rejected medical marijuana, and so have the state's voters. Past efforts to legalize medical marijuana at the ballot box failed in 2006 and 2010.

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

Chronicle AM:MT MedMJ Court Victory, DC Mayor Will Fight for Legalization, Thai Drug Sentences, More (1/5/15)

DC's mayor will fight for legalization, a Montana judge blocks most of a restrictive medical marijuana law, a New York county's misdemeanor drug bust asset forfeiture law gets vetoed, Thailand will review drug sentences, and more. Let's get to it:

Marijuana Policy

DC Mayor Says She Will "Explore Every Option" to Get Legalization Enforced. Appearing on Meet the Press Sunday, new Washington, DC, Mayor Muriel Bowser stuck up for the District's voter-approved marijuana legalization law. In the face of opposition in the Republican Congress, Bowser said the city will "explore every option," up to and including a lawsuit against Congress, to ensure that the will of the voters is respected. She said the city would send the measure to Congress this month.

Washington State Bill Would Make Old Pot Convictions Go Away. People convicted of misdemeanor marijuana offenses in the past could have a chance to clear their records under a bill pre-filed for this year's legislative session. House Bill 1041, sponsored by Rep. Joe Fitzgibbon (D-Vashon Island), would allow for the vacating of past pot offenses, but only if there are no pending criminal charges or any new charges since the misdemeanor pot conviction. Neither would people with a history of DUI charges, violent or obscene offenses, or domestic violence charges be eligible.

Medical Marijuana

South Dakota Medical Marijuana Billboard Go Up. Billboards pushing for medical marijuana and paid for by the Sioux Falls Free Thinkers are going up this week in South Dakota's largest city. The move comes as advocacy groups, including South Dakota Against Prohibition, work to get a medical marijuana bill through the legislature this session. South Dakota legislators have consistently rejected medical marijuana, and so have the state's voters. Past efforts to legalize medical marijuana at the ballot box failed in 2006 and 2010.

Montana Judge Blocks Some Restrictions on Medical Marijuana. A state district court judge last Friday dealt a death blow to provisions of a restrictive state medical marijuana law passed by the Republican-dominated legislature seven years after Big Sky voters approved a more open initiative allowing for medicinal use and a wide open dispensary scene. District Judge James Reynolds in Helena permanently enjoined the implementation of certain key provisions in the law. Those provisions have never actually taken effect because Reynolds blocked them with a temporary injunction back in 2011. Click on the title link for more details.

Asset Forfeiture

Orange County, NY, County Exec Vetoes Misdemeanor Asset Forfeiture Ordinance. Orange County Executive Steven Neuhaus has vetoed an asset forfeiture law that would have allowed for the seizure of cash and property from people arrested for misdemeanor drug offenses. "While the legislation's concept to punish criminals who threaten public safety is something I am supportive of; still, the measure's final result leaves open the possibility of affecting innocent individuals," he said last Friday. "Moreover, the fact that revenue would largely go toward the general cost of government, rather than exclusively preventing future criminal activity is troubling to many."

Sentencing

Obama's Plan for Mass Commutations of Drug Sentences Hitting Roadblocks. President Obama's announced goal of commuting thousands of federal drug sentences is running into problems. Although some 25,000 prisoners have applied for sentence cuts, only eight were handed out last month when Obama announced Christmas pardons and commutations. The Justice Department is struggling to determine which sentences have been influenced by the crack-powder cocaine sentencing disparity and it lacks the lawyers to make a significant dent in the backlog. Advocacy groups have formed the Clemency Project 2014 to recruit private attorneys to help, but that is creating its own sets of issues. Much, much more at the link.

Methamphetamine

Meth Pouring Across California-Mexico Border. US Customs and Border Protection reports that meth is coming across the Mexican border into California at unprecedented levels. Agents seized more than 14,000 pounds of the drug in FY 2014, accounting for nearly two-thirds of all meth seizures at the US border or points of entry. Seizures in California have increased nearly five-fold since 2009, when a US federal law made the procurement of precursor chemicals in this country more difficult.

International

Thailand to Review Drug Sentencing. The country's Narcotics Control Board is meeting this week to consider revising drug sentences. Board Secretary-General Pempong Koomchaya said the laws are too stiff in many instances. "The imprisonment term for drug smugglers across the board is between 10-20 years although many smugglers are found with only 12 pills in their possession. About 60-70% of the arrested drug offenders have in possession less than 50 pills. Jailing them causes overcrowding at prisons also," he said. Pempong said some sentences must be made more lenient and that revisions in the law should be ready by the end of the month.

Israeli Farmers Eye Expanded Medical Marijuana Opportunities. The Health Ministry is expected to announce later this month it will open bids for additional medical marijuana providers. The tender is set to be published January 31, with results expected in March. Some farmers see new opportunities for profit—and for lower prices for patients. Click on the link for more. 

Montana Judge Blocks Medical Marijuana Restrictions

A state district court judge last Friday dealt a hard blow to provisions of a restrictive state medical marijuana law passed by the Republican-dominated legislature seven years after Big Sky voters approved a more open initiative allowing for medicinal use and a wide open dispensary scene.

District Judge James Reynolds in Helena permanently enjoined the implementation of certain key provisions in the law. Those provisions have never actually taken effect because Reynolds blocked them with a temporary injunction back in 2011.

Reynolds blocked provisions that ban medical marijuana advertising, forbid the commercial sale of marijuana to authorized patients, restrict caregivers from growing for more than three patients, and require the state to report the names of doctors who recommended more than 25 patients for medical marijuana in a 12-month period to the state Board of Medical Examiners. That final provision would have triggered at automatic review of the doctor's practices—at his own expense.

It wasn't a total wipe-out for the legislature. Reynolds let stand a provision that allows police and the Department of Public Health and Human Services to inspect medical marijuana providers unannounced during regular business hours, and he also left intact a provision barring prisoners, parolees, and probationers from being able to obtain medical marijuana cards.

The Montana medical marijuana scene exploded in 2009, when it appeared the Obama administration would not interfere in medical marijuana states, resulting in a case of severe backlash after some players pushed the envelope with open public pot smoking and loosely-regulated "cannabis caravans" crisscrossing the state and offering recommendations over the Internet. 

In 2011, the legislature moved to rein in the state's Wild West medical marijuana industry. It first voted to repeal the medical marijuana law entirely, but that was vetoed by then Gov. Brian Schweitzer (D). The legislature then passed the bill tightly restricting medical marijuana; that bill became law without Schweitzer's signature.

The Montana Cannabis Industry Association and some individuals sued to block the law. Now, they have succeeded in striking down key provisions—unless and until the state appeals and wins on appeal.

This is the second time Judge Reynolds has thrown out key provisions of the law. The first time, the state Supreme Court sent the case back to him, saying he should rule on it under "a rational basis" instead of the "strict scrutiny" he had applied earlier. Now he has.

"It is not the goal of this court to interfere with the Legislature’s slow and careful opening of the door to the use of medical marijuana," Reynolds wrote. "It is the goal of this court, however, to ensure that everybody who could benefit from medical marijuana, and especially those with the most serious medically debilitating conditions, are able to travel through that door equally."

Helena, MT
United States

The Big Global Drug Policy Stories of 2014 [FEATURE]

2014 was a big year for drug reform, and for a change, the US is pulling things in the right direction. But it some places, it's been business as usual, and in others, things have gone in the wrong direction. Here are our big international stories of the year.

Assistant Secretary of State William Brownfield dropped a bombshell in October. (state.gov)
Marijuana Legalization Expands in the US

Two more states and the District of Columbia legalized marijuana at the ballot box this year. That makes four states and DC that have legalized it. The US has historically been the leading enforcer of global drug prohibition, but the actions of voters in American states have seriously undercut the (now former, see below) US position, as well as providing an example to the rest of the world.

The US Signals a New Openness to Drug Reform at the International Level

In a little-heralded, but groundbreaking move, US Assistant Secretary of State William Brownfield, head of the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), made it clear that the US is willing to embrace flexibility, up to and including drug legalization in other countries, in the face of rising calls for international drug reform.

Brownfield succinctly laid out the US approach in an October speech: "First, respect the integrity of the existing UN Drug Control Conventions. Second, accept flexible interpretation of those conventions… Third, to tolerate different national drug policies, to accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs. All these countries must work together in the international community. We must have some tolerance for those differing policies. And our fourth pillar is agreement and consensus that whatever our approach and policy may be on legalization, decriminalization, de-penalization, we all agree to combat and resist the criminal organizations -- not those who buy, consume, but those who market and traffic the product for economic gain. Respect the conventions; flexible interpretation; tolerance for national policeis; criminal organizations -- that is our mantra."

Calls for an End to Drug Prohibition Increase as the 2016 UNGASS on Drugs Looms

This year saw the pressure for reform of the international drug control regime grow even more intense, and fractures in a now crumbling prohibitionist consensus grew even deeper. The UN Commission on Narcotic Drugs meeting in Vienna in March revealed schisms among countries about future steps on global drug control even as the global drug bureaucrats gave signs of softening in some policy areas, especially around emphasizing public health as opposed to criminalization. The meeting ended with a formal joint ministerial statement agreed to at the last minute after months of contentious wrangling, but one where countries failed to agree on a common approach and where certain fractious issues -- such as the use of the death penalty for drug offenses or even the mention of the term "harm reduction" -- were omitted entirely.

Former UN head Kofi Annan made his drug reform presence felt this year. (un.org)
Countries critical of the global drug policy status quo, particularly from Europe and Latin America, were joined by an ever-stronger civil society presence at the CND. The message of reform grows ever louder and presages an especially contentious next step, the UN General Assembly Special Session (UNGASS) on Drugs, set for 2016.

During the rest of the year, the call for reform from civil society only grew louder. In May, the London School of Economics (LSE) published a Ending the Drug Wars: Report of the LSE Expert Group on the Economics of Drug Policy, signed onto by five Nobel Prize-winning economists, as well as political figures including British Deputy Prime Minister Nick Clegg, Guatemalan Foreign Minister Luis Fernando Carrera Castro, former Polish President Aleksander Kwasniewski, former US Secretary of State George Schultz, and former European Union High Representative for Common Foreign and Security Policy Dr. Javier Solana, among other luminaries.

"It is time to end the 'war on drugs' and massively redirect resources towards effective evidence-based policies underpinned by rigorous economic analysis," the report says forthrightly. "The pursuit of a militarized and enforcement-led global 'war on drugs' strategy has produced enormous negative outcomes and collateral damage. These include mass incarceration in the US, highly repressive policies in Asia, vast corruption and political destabilization in Afghanistan and West Africa, immense violence in Latin America, an HIV epidemic in Russia, an acute global shortage of pain medication and the propagation of systematic human rights abuses around the world."

That was followed in June by the West Africa Commission on Drugs, which was initiated by former UN Secretary-General Kofi Annan of Nigeria, is headed by former Nigerian President Olusegun Obasanjo, and includes other former heads of state as well as a distinguished group of West Africans from the worlds of politics, civil society, health, security and the judiciary. The commission issued a report, Not Just in Transit: Drugs, the State and Society in West Africa, calling for the decriminalization of drug use, treating drug use primarily as a public health issue, and for the region to avoid becoming the next front line in the failed war on drugs.

And then, in September, the Global Commission on Drug Policy, which includes Annan, former presidents Fernando Henrique Cardoso (Brazil), Ernesto Zedillo (Mexico) and Ruth Dreifuss (Switzerland), and others, issued a new report, Taking Control: Pathways to Drug Policies that Work. It boldy called on "governments to decriminalize a variety of illegal drugs and set up regulated drug markets within their own countries."

Uruguay Forges Ahead With Marijuana Legalization

President Jose "Pepe" Mujica may be gone -- his term expired -- but his legacy of legalizing the marijuana trade lives on. There was some doubt as Uruguayans voted on his replacement -- the opposition candidate vowed to roll it back -- but they chose a successor from his same party who will uphold and implement the legal marijuana commerce plan. Uruguay never criminalized pot possession, and now it is the first country to legalize the trade. Implementation should continue apace next year.

Afghanistan Pumps Out More Opium

As the US and NATO declare an end to their Afghan war, Afghanistan is growing and producing as much opium as ever. According to the UN Office on Drugs and Crime (UNODC) Afghanistan Opium Survey 2014, land under poppy cultivation increased 7% this year. UNODC estimated opium production this year at 6,400 tons, up 17% over last year. But while annual production has been at 6,000 tons or more for the past few years, it is not as high as the record year of 2007, when production totaled over 8,000 tons. And this as the US spent $7.6 billion to fight the opium trade since invading in 2001.

And the Golden Triangle Is Back, Too

Opium production increased again in Southeast Asia's Golden Triangle this year, continuing a pattern of growth that has now gone on for at least the past eight years. According to the UN Office on Drugs and Crime (UNODC) Southeast Asia Opium Survey 2014, the region produced 762 tons of opium this year, with the vast majority coming from the Burmese Shan State. While Golden Triangle production accounts for only about 10% of global opium production, Burma is now the world's second largest opium producer, behind Afghanistan.

In Afghan fields, the poppies grow... and grow... and grow. (unodc.org)
Mexican Drug War

It's been the best of times and the worst of times for Mexican President Enrique Pena Nieto and his government's prosecution of its war against the drug cartels. While media attention to the Mexican drug war has declined dramatically since 2012 -- an election year in both the US and Mexico -- the drug war hasn't gone away, and the death toll has plateaued, but not declined. The year started off great for Pena Nieto with the arrest of the heretofore seemingly invincible Chapo Guzman, head of the Sinaloa Cartel. Other major cartel figures have been killed or arrested throughout the year. But things turned sour again this fall when drug gang-connected elected officials in Iguala, Guerrero, sicced local police and the local Guerreros Unidos gang, on busloads of protesting radical teachers' college students, leaving 43 missing and presumed dead. That led to mass protests against lawlessness, official corruption, and impunity across the country.

Now Part of Russia, Crimea Rolls Back Harm Reduction Measures

Whatever one thinks of the Russian annexation of the Crimean peninsula from Ukraine, it's been bad news for Crimean drug users. While Ukraine has embraced a harm reduction approach to hard drug use, Russia rejects such an approach and has some of the most repressive drug laws in the world. And it moved quickly in Crimea, banning the use of methadone almost immediately, which the International HIV/AIDS Alliance called "a disaster for health, human rights and the HIV epidemic in the region." By June, with more than 800 people cut off from access to opiate maintenance, activists were reporting 20 deaths among drug users and that many others had fled to Kiev, while those that remained were turning to street drugs. Things have only gotten worse, and Ukraine shares somes of the responsibility for using the opiate maintenance programs as a political weapon against Crimea. Now, only does the ban on opiate maintenance remain, but drug users face assaults in the streets, as well as stays in jail. And the only "treatment" offered is Russian-style "psychiatric treatment."

Medical Marijuana Update

Another medical organization calls for rescheduling, a California court rules that concentrates are medicine, Colorado starts handing out medical marijuana research money, and more. Let's get to it:

National

Last Wednesday, the American Academy of Neurology called for rescheduling marijuana. In a just-released position statement on the use of medical marijuana for neurological disorders, the academy said it could not yet recommend medical marijuana for those disorders "because further research is needed to determine the benefits and safety of such products." To that end, the academy "requests the reclassification of marijuana-based products from their current Schedule I status so as to improve access for study of marijuana or cannabinoids under IRB-approved research protocols." Click on the link to read the entire position statement.

California

Last Thursday, a state appeals court ruled that cannabis concentrates qualify as medical marijuana. The 3rd District Court of Appeal ruled that "concentrated cannabis" qualifies as marijuana for purposes of medical use. The ruling came in People v. Mulcrevy, in which medical marijuana patients and probationer Sean Patrick Mulcrevy was accused of violating his probation because he was caught in possession of cannabis oil. Concentrated cannabis "is covered by the Compassionate Use Act, and there is insufficient evidence Mulcrevy violated his probation in light of that conclusion," the appeals court held unanimously.

On Tuesday, a Los Angeles judge order Nestdrop to stop making medical marijuana deliveries. Nestdrop, a smart phone app, had been the subject of a complaint by LA City Attorney Mike Feuer, who said it violates a law restricting deliveries in the city. Nestdrop had already quit making deliveries, but now there is a preliminary injunction to prevent it from restarting.

Colorado

Last Wednesday, the Board of Health awarded more than $8 million for medical marijuana research. The awards will allow researchers to investigate marijuana's medical potential, not its downsides, as is required for most federally-approved research on marijuana. Three of the eight studies will still require federal approval and marijuana from the US government. In the other five "observational" studies, subjects will be providing their own marijuana. Researchers will study marijuana's impact on PTSD, irritable bowel syndrome, pain relief for children with brain tumors, pediatric epileptic seizures, and compare it with oxycodone for pain relief.

New Hampshire

Last Friday, the Department of Health and Human Services announced it was taking dispensary applications. It released its request for applications for people who want a shot at operating one of the four "alternative treatment centers" contemplated under the state's medical marijuana laws. The state is divided into four geographic areas; each will be allowed one dispensary.

New York

Last Friday, the Department of Health released draft medical marijuana regulations. The Department of Health released the draft regs, but advocates say they are too tight. "New York will be one of the more restrictive programs in the country, which could inhibit patients from getting the relief they need," the Drug Policy Alliance complained. Click on the title link for details on the draft regs.

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

Chronicle AM: USVI Decriminalizes, NJ Methadone Pregnancy Ruling, A Good Year for Hemp, More (12/23/14)

Decrim comes to the US Virgin Islands, Anchorage starts planning for pot, California starts looking toward 2016, it was a good year for hemp, the New Jersey Supreme Court rejects criminalizing a pregnant woman for using prescribed methadone, and more. Let's get to it:

California prepares for 2016. (CCPR)
Marijuana Policy

US Virgin Islands Lawmakers Override Veto to Enact Decriminalization. Lawmakers voted Friday to override a line-item veto of a decriminalization provision in the territory's FY 2015 budget. That means the territory has now decriminalized the possession of up to an ounce of marijuana.

Anchorage Forms Committee to Handle Legalization. Last week, the city council shot down a plan to ban pot sales in the state's largest city. This week, it has formed a committee to handle local implementation of legalization. The first meeting is today. Click on the link for more details.

Oakland Meeting Next Month to Look at Lessons of Successful Legalization Campaigns. The California Coalition for Cannabis Policy Reform and its grassroots organizing arm, ReformCA, will be hosting a "debriefing" with leaders of the successful initiative campaigns in Alaska, Oregon, and Washington, DC, next month. The meeting is set for January 9 in Oakland. Click on the link for more details and to RSVP. Seating is limited.

Hemp

A Good Year for Hemp. The industry lobbying group Vote Hemp reports that, largely inspired by passage of American Agricultural Act's provision allowing for hemp research, 10 states legalized hemp production this year. They are Delaware, Hawaii, Illinois, Indiana, Missouri, Nevada, New York, Tennessee, and Utah. Two other states, Connecticut and New Hampshire, passed hemp study bills.

Harm Reduction

Drug Policy Alliance Issues New Guide for Tackling Drug Use at Music Events. The guide, Managing Drug Use at Your Event, is aimed at event producers and focused on improving the health and safety of festival attendees. It is designed to give event producers a harm reduction-based alternative to a police and enforcement-heavy approach. The guide is part of DPA's Music Fan campaign aimed at stimulating discussion about drug use in club and festival setting and promoting policy reforms to improve clubber health and safety.

Pregnancy

New Jersey Supreme Court Rejects Child Abuse Charge Against Pregnant Mom Over Prescribed Methadone Use. The court ruled unanimously Monday that a woman dependent on opioid pain relievers could not be charged with child abuse and neglect for using prescribed methadone during her pregnancy. Her healthy infant was treated for neonatal abstinence syndrome after birth, and the state Division of Child Protection and Permanency used that diagnosis as the basis for charging her with child abuse. The case is Division of Child Protection and Permanency v. Y.N.

International

Uruguay Has Registered 1,200 Marijuana Growers. The head of the National Drugs Board, Julio Calzada, said Monday that there are 1,200 registered marijuana growers. "It is encouraging to have 1,200 growers after three or four months since the law came into effect," Calzada told reporters. He added that about 500 cannabis clubs have registered. Each club can have up to 45 members and grow up to 99 plants.

Chronicle AM: Cuomo Just Says No, Christie Talks Mandatory Treatment, Lebanese Hash Boom, More (12/22/14)

Cuomo rejects legalization, Christie talks treatment instead of prison, New Hampshire takes a step toward getting dispensaries going, Lebanon's hash trade is booming, and more. Let's get to it:

In Lebanon, the hash crop grows unimpeded. (cannabisculture.com)
Marijuana Policy

New York Governor Rejects Legalizing Pot, Cites Myth. Gov. Andrew Cuomo (D) Sunday reiterated his opposition to freeing the weed. "I do not favor legalized marijuana," he said in a radio interview. "I do believe it can be a gateway drug." The "gateway theory" is widely considered to be a myth.

South Carolina Decriminalization Bill Pre-Filed. Rep. Mike Pitts (R-Laurens) has pre-filed a bill that would decriminalize marijuana in the Palmetto State. Under the bill, possession of less than an ounce would be a civil infraction with a fine of between $100 and $200 for a first offense. Fines increase with subsequent offenses. The bill is H 3117.

Medical Marijuana

California Appeals Court Rules Concentrates Qualify as Medical Marijuana. The 3rd District Court of Appeal ruled last week that "concentrated cannabis" qualifies as marijuana for purposes of medical use. The ruling came in People v. Mulcrevy, in which medical marijuana patients and probationer Sean Patrick Mulcrevy was accused of violating his probation because he was caught in possession of cannabis oil. Concentrated cannabis "is covered by the Compassionate Use Act, and there is insufficient evidence Mulcrevy violated his probation in light of that conclusion," the appeals court held unanimously.

New Hampshire Now Taking Dispensary Applications. The Department of Health and Human Services Friday released its request for applications for people who want a shot at operating one of the four "alternative treatment centers" contemplated under the state's medical marijuana laws. The state is divided into four geographic areas; each will be allowed one dispensary.

Heroin and Prescription Opiates

Christ Christie: Drug War Has Failed, Treat Addiction as an Illness, Mandatory Treatment Needed. New Jersey Gov. Chris Christie (R) has spoken out again on drug policy, saying the state needs to embrace a dramatically different approach to drug use and addiction. "I think what we've seen over the last 30 years is it just hasn't worked," he said. "And there are some people who make one bad choice to try drugs one time and their particular chemistry leads them to be an addict from the minute they try it. So we need to treat it as a disease. And not having mandatory incarceration for non-violent offenders but having mandatory treatment is something that's going to yield a much greater result for society in general and for those individuals in particular." There's much more at the link.

International

Lebanese Hash Trade Booming in Shadow of Syrian Civil War. Distracted by the civil war next door in Syria, Lebanese security forces have for the past two years refrained from their annual hash eradication campaigns, and now, well-armed leaders of the trade are confident enough to tell troops to stay away if they don't want trouble. "We are selling hashish, and if anyone from the government tries to come close to it, we'll kill them," said Ali Shamas, a spokesman for growers and sellers. "This year we had a good year." Because of oversupply due to lack of eradication, prices have dropped dramatically, but the trade is still lucrative, Shamas said. "All of my main growers made at least half a million dollars this year," he told The Daily Telegraph. Much more at the link.

Brazil Will Study Legalizing High CBD Medical Marijuana. The Brazilian Health Surveillance Agency said Friday it is going to start discussing whether to reclassify the marijuana derivative cannabidiol (CBD). The announcement came one day after several dozen people protested in Brazilia to demand its reclassification and less than a month after the Federal Medical Council authorized neurologists and psychiatrists to prescribe CBD to epileptic children and teens who haven't responded to other treatments.

First Medical Marijuana Trials Get Underway in New South Wales. The state government announced Sunday that it has authorized clinical trials for medical marijuana. Those will be the first ever in Australia. NSW Premier Mike Baird said he expected hundreds of people to take part in the trial, and if it is successful at relieving pain and suffering, the government would consider importing marijuana or allowing it to be grown in the state.

New South Wales Bar Association Law Committee Calls for "Radical Rethink" of Drug Policy. The bar association's Criminal Law Committee is calling for a drug summit that will "radically rethink" Australia's approaches to drug use and the drug trade. The committee said that marijuana decriminalization is a start, but that "this would not remove the black market in drugs or respond to what we had found with respect to other illicit drugs." Instead, the best way to reduce drug- and prohibition-related harms would be "to replace the black market for drugs with a form of legal availability under a highly regulated system."

Chronicle AM: NV Marijuana Init Qualifies for 2016, Iran Meth Up, SE Asia Poppy Production Up, More (12/9/14)

A Nevada legalization initiative is the first to qualify for the 2016 ballot, a new poll identifies an amorphous "marijuana middle," meth is on the rise in Iran, and so are poppies in the Golden Triangle, and more. Let's get to it:

In Burmese fields the poppies grow... (unodc.org)
Marijuana Policy

"Marijuana Middle" Identified in Third Way Poll. A new national poll from the centrist think-tank Third Way finds Americans almost even split on legalization (50% yes, 47% no), but with a broad and deep "marijuana middle" that may not support legalization in its own state, but does support federal action to allow states that have legalized it a "safe haven." Two-thirds said Congress should pass a "safe haven" law, while 60% said legalization should be up to the states, not the federal government. The poll also examined the demographics of the "marijuana middle." Click on the link for all the details.

JAMA on the Impact of Marijuana Legalization. The Journal of the American Medical Association (JAMA) Monday published "The Implications of Marijuana Legalization in Colorado." (Click the title link to read the article.) The authors found an increase in reports of emergency room visits for marijuana intoxication, as well as problems related to the production of new marijuana products, ranging from burns caused by exploding hash-oil labs to problems associated with the overindulgence in edibles. But the authors also found that legalization was increasing access to marijuana for medical reasons, including pain control, where it is much safer than opiates.

Anchorage Assembly to Hold Hearing on Banning Pot Businesses. At the behest of Assembly member Amy Demboski, the Anchorage Assembly will hold a hearing on her proposal to ban licensed pot businesses in the city one week from today. Supporters of legalization are looking for people to show up. Click on the link for more information.

Illinois Appeals Court Rules Worker's Admission of Off-Duty Marijuana Use Not Sufficient to Deny Unemployment Benefits. A worker who was fired from his job after admitting smoking marijuana when confronted with a random drug test (which he passed) cannot be denied unemployment benefits, the state's 5th District appellate court has ruled. The case is Eastham v. The Housing Authority of Jefferson County.

It's Official -- Nevada Initiative Qualifies for 2016 Ballot. Nevada is first out of the blocks to legalize marijuana via an initiative in 2016. Secretary of State Ross Miller Monday certified that the initiative had qualified for the ballot. Now, voters will have the opportunity to legalize it in the 2016 elections -- unless the state legislature acts first to approve the measure.

Prescription Opiates

Doctors Are Cutting Back on Prescriptions for Pain Relievers. In a study published in the Journal of the American Medical Association (JAMA), researchers report that half of primary care physicians are reducing their prescribing of opiate pain relievers compared to last year and that 85% of doctors believe they are overprescribed. The doctors reported concerns about addiction, overdoses, and traffic accidents. But an even greater number -- 90% -- were confident in their own ability to correctly prescribe opiates.

International

Meth in Iran. Reuters has a report on the increase of methamphetamine use in the Islamic Republic. The news agency notes that meth seizures more than doubled between 2008 and 2012 and that last year alone, the government seized 3.6 tons of speed. The report cites experts as saying the rise of meth is being driven by increased development in the country and a more complicated and faster-paced lifestyle.

Opium Production Thriving in the Golden Triangle, UN Reports. Opium production in Southeast Asia's Golden Triangle has increased for the eighth straight year, the UN said Sunday in its Southeast Asia Opium Survey 2014. The acreage under cultivation increased slightly, giving the region to ability to produce about 76 tons of heroin. Myanmar accounts for most of the Golden Triangle production, and the Shan State accounts for most of Myanmar's production. The Golden Triangle is the world's second largest opium production region, behind Afghanistan, but only produces about one-fifth the amount Afghanistan does.

Medical Marijuana Update

The Kettle Falls Five case gets postponed, ASA starts a petition to protect California patients who need organ transplants, Minnesota begins implementing its new medical marijuana law, and more. Let's get to it:

National

On Tuesday, the head of the Epilepsy Foundation said he wants CBC cannabis oil available nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.

California

On Monday, ASA announced a petition drive seeking support for a California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Accessis leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.

On Tuesday, Los Angeles announced it had shut down more than 400 dispensaries.The office of City Attorney Mike Feuer says it has shut down 402 dispensaries since Feuer took office in the summer of 2013. The office has also filed more than 200 criminal cases related to dispensaries, with 743 defendants. It is unclear what the actual impact is, however; new dispensaries seem to pop up at the rate of one a day.

Also on Tuesday, the LA city attorney sued to block a medical marijuana delivery app. The LA city attorney's office filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the first to be targeted by authorities.

Colorado

Last Thursday, an Arizona professor fired for medical marijuana research got new funding to continue her work. Researcher Dr. Sue Sisley, who was fired from her job at the University of Arizona over her medical marijuana research, has been awarded a $2 million grant from the state of Colorado to continue her research into the effects of medical marijuana on veterans with PTSD.

Massachusetts

On Tuesday, a Massachusetts activist went public with his boundary-pushing Allston CBD shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."

Minnesota

On Monday, the state named two medical marijuana growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.

Oregon

Late last month, the state decided to appeal a lower court ruling that cities can ban dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.

Washington

On Monday, trial in the Kettle Falls Five federal medical marijuana case was postoned.A new judge assigned to hear the widely watched federal medical marijuana case of the Kettle Falls Five has continued the federal trial scheduled to begin Monday in Spokane, Washington. Senior Judge Fred Van Sickle has been replaced by Judge Thomas O. Rice, who set a new trial date of February 23. This comes as the US Senate plans to consider a measure later this week that would prohibit Department of Justice funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure. The change in trial date also came soon after CNN ran the latest national media piece on the Kettle Falls Five, discussing the contradictions between Washington's adult-use and medical marijuana laws and the prosecution of state compliant patients like the Kettle Falls Five.

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

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