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Chronicle AM: AR Initiative Rejected, SWAT Lobby Gears Up, Israel Bans New Synthetics, More (8/22/14)

It's back to the drawing board for an Arkansas legalization initiative, we have a pair of Minnesota court cases, the Michael Brown killing starts bleeding into drug-policy related areas, Israel bans new synthetics, and more. Let's get to it:

history repeats itself (image is of and infamous 1914 NYT editorial)
Marijuana Policy

Arkansas Attorney General Rejects Wording for Legalization Initiative. Attorney General Dustin McDaniel has rejected the proposed wording for a prospective 2016 legalization initiative, the Cultivate Hemp and Regulate Marijuana Amendment. The name and ballot title are ambiguous and have "misleading tendencies," McDaniel wrote. Read the opinion here.

Fewer Than One in Five New Yorkers Oppose Marijuana Reform. According to a new Quinnipiac Poll, only 19% of New Yorkers oppose legalizing marijuana for personal or medical use, while 44% say it should be available for medical purposes and another 35% say it should be legal for personal use.

Asset Forfeiture

Minnesota Supreme Court Rules Evidence from Illegal Search Can't Be Used in Asset Forfeiture Proceedings. The state high court ruled Wednesday that evidence derived from a traffic stop that was determined to be unlawful cannot be used to seize someone's property. The court held that Fourth Amendment proscriptions against unlawful search and seizure apply to civil cases as well. The case is Daniel Garcia-Mendoza v. 2003 Chevy Tahoe.

Drug Testing

Minnesota Drug Testing Law's Worker Protections Don't Extend Outside State, Federal Court Rules. The state's Drug and Alcohol Testing in the Workplace ACT (DATWA) doesn't apply to state residents working or applying to work outside the state, a federal court has ruled. DATWA provides employees with the right to challenge positive drug test results and to try to seek treatment before being fired, but in Olson v. Push, Inc, the court ruled that those protections did not apply to drug tests taken for employment outside Minnesota.

Law Enforcement

SWAT Lobby Gears Up to Keep Access to Surplus Military Equipment. In the wake of unrest in Ferguson, Missouri, after the police killing of Michael Brown, the practice of equipping local law enforcement with surplus military equipment has come under significant criticism. Now the "SWAT lobby," in the form of the National Tactical Officers Association, is moving to ensure that access to military hardware remains unimpeded. It sent a mass email to all congressional offices lamenting the situation in Ferguson, but the bottom line was that police need that surplus military equipment.

Race

The Return of the Drug Crazed Negro. Reason magazine's Jacob Sullum has penned a piece noting the revival of a century-old racist trope -- that of the drug-crazed black man -- in the wake of the police shooting of 18-year-old black man Michael Brown in Ferguson, Missouri. Sullum notes that conservative commentators have been quick to speculate that he was hopped up on PCP or some other drug that made him crazy enough to attack a cop. Autopsy results say he had smoked marijuana.

International

Young Europeans Split on Marijuana Legalization. The European Union's polling arm Eurobarometer has found Europeans 15 to 24 divided on legalization. According to its poll of 13,000 respondents, 45% favored marijuana legalization, with 53% opposed. European youth was much more unified when it came to other drugs -- more than 90% said drugs like cocaine, ecstasy, and heroin should be illegal.

Israel Bans 10 New Synthetic Drugs. Health officials in Israel have banned 10 new synthetic drugs, or "kiosk drugs," as they are known there. They include synthetic cannabinoids, stimulants, and hallucinogens.

Medical Marijuana Update

Medical marijuana takes another step toward self-regulation, patients and supporters rally for a fired Arizona medical marijuana researcher, Illinois expands its medical marijuana program, and more. Let's get to it:

National

On Wednesday, a national herbal medicine industry group issued guidelines for medical marijuana manufacturers. The American Herbal Products Association (AHPA) released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona

On Monday, a state court judge ruled that patients can sell to other cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants for sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a higher court ruling (favorable or otherwise) would set precedent statewide.

On Tuesday, veterans gathered at the University of Arizona to demand reinstatement of a medical marijuana researcher. The veterans gathered at the UA College of Medicine in Phoenix to protest the firing and demand the reinstatement of Dr. Sue Sisley, who was set to do FDA-approved research into medical marijuana for veterans with PTSD before she was fired. Sisley accuses political opponents of medical marijuana of being responsible for her termination.

On Wednesday, the campaign to reinstate medical marijuana researcher Dr. Sue Sisley picked up steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of the medical marijuana researcher, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now had over 67,000 signatures (30,000 of them from Tuesday alone) and a there is also a Facebook page supporting her.

Arkansas

On Monday, the state attorney general rejected the wording of a medical marijuana initiative. Attorney General Dustin McDaniel has rejected the wording of an initiative aimed at putting medical marijuana on the 2016 ballot. The initiative is sponsored by Arkansans for Compassionate Care, which tried unsuccessfully to get a similar initiative on the ballot this year.

California

Last Wednesday, a Northern California congressman called on federal prosecutors to go after "trespass" marijuana growers, not people complying with state law. US Rep. Jared Huffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

Last Friday, a Kern County judge ruled that a collective can appeal a court decision overturning the county's Measure G dispensary ordinance. Superior Court Judge Kenneth Twisselman ruled that the Highway 99 Collective can appeal his earlier ruling that Measure G violated state environmental laws. Highway 99 was the only collective to comply with Measure G and had been cleared to operate under the restrictive ordinance.

On Monday, the San Bernardino city attorney called on the city council to begin studying ways of enforcing its dispensary ban -- including by allowing a small number of dispensaries. City Attorney Gary Saenz acknowledged the "futility and high cost" of attempting to eradicate dispensaries and suggested the council "move the distribution of medical marijuana from the black market to the regulated market."

On Monday, the San Jose city clerk reported that a signature-gathering campaign to protect the city's dispensaries had fallen short. That means most of the city's 80 dispensaries will have to close by next July. A restrictive ordinance passed by the city council last month limits them to less than 1% of the city's parcels.

Illinois

On Sunday, the governor signed a bill to expand access to medical marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico

Last Thursday, the state backed off on proposed changes to the medical marijuana program. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

New York

Last Thursday, a state-level medical marijuana business alliance was formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

Washington

Last Thursday, the UFCW said it would start representing Washington medical marijuana workers. The United Food and Commercial Workers (UFCW) Local 367 announced this week that it expects to represents workers at a Puyallup medical marijuana collective. The UFCW represents a variety of retail, food processing, manufacturing, and production workers, but has also been active in the medical marijuana industry and has a Cannabis Workers Rising campaign, especially in California, where it has organized numerous work sites.

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

Chronicle AM -- July 23, 2014

South Portland, Maine, will vote on marijuana legalization in November, medical marijuana researcher Dr. Sue Sisley's campaign to be reinstated is picking up steam, Mississippi officials get an earful at a public forum on a welfare drug testing law, and more. Let's get to it:

Evo Morales is not only president of Bolivia; he's also the president of the country's largest coca growers' union. (wikimedia)
Marijuana Policy

South Portland, Maine, Marijuana Possession Legalization Initiative Qualifies for November Ballot. Officials in South Portland confirmed today that a citizen initiative to make marijuana possession legal for adults within city limits has qualified for the November 2014 ballot. Citizens for a Safer Maine, a Marijuana Policy Project affiliate, submitted more than 1,500 signatures, and just 959 valid signatures of registered city voters were required. The South Portland City Council will consider whether to enact the measure or refer it to city voters at its meeting scheduled for August 4.

Delaware House Hearing on Marijuana Decriminalization Today. The House Public Safety and Homeland Security Committee is holding a hearing on a decriminalization bill today. The amended version of House Bill 371 would make possession of up to an ounce a civil offense, punishable only by a fine. Under current law, small time possession is a misdemeanor that can garner up to six months in jail.

Medical Marijuana

National Herbal Medicine Industry Group Issues Guidelines for Medical Marijuana Manufacture. The American Herbal Products Association (AHPA) today released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona Judge Rules Patients Can Sell to Other Cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants to sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a favorable higher court ruling would set precedent statewide.

Campaign to Reinstate Arizona Medical Marijuana Researcher Picks Up Steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of medical marijuana researcher Dr. Sue Sisley, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now has 66,000 signatures (30,000 of them from yesterday alone) and a there is also a Facebook page supporting her.

Drug Testing

Mississippi Public Forum on Welfare Drug Test Law Leads for Calls to Amend It. A welfare recipient, civil liberties advocates, and Democratic politicians strong criticized the state's new law mandating drug testing for some welfare recipients at a public hearing yesterday. They called for it not to be implemented until it can be amended by the legislature. No one spoke in support of the law.

Law Enforcement

Orange County, Florida, Women Sue SWAT Team Over Violent Drug Raid. A mother and daughter are suing the Orange County Sheriff's Office after a SWAT team drug raid left a family dog dead and the daughter wounded by police gunfire inside their own home. The raid was aimed at a relative who didn't even live at the residence. Police found marijuana seeds and "drug paraphernalia" in the room where the relative had stayed, but charges against him were later dropped.

International

Bolivian President Wins Reelection as Head of Country's Largest Coca Growers Union; Vows to Expand Crop if Re-Elected as President. Evo Morales was a coca grower union leader before he was elected president of the country, and he's still a coca grower union leader. He was just reelected as head of the union, and he told union members that Bolivia needs a new law for coca production that would allow for expanded cultivation.

Chronicle AM -- July 18, 2014

Tens of thousands of federal drug prisoners could get out early after the US Sentencing Commission votes to make guideline reductions retroactive, the Ohio Supreme Court moves to cut some crack sentences, FedEx gets indicted for shipping pills for Internet pharmacies (and not taking a deal with the feds), and more. Let's get to it:

Federal Correctional Institution, Englewood, CO. There may soon be room at the inn. (wikimedia.org)
Medical Marijuana

New York Medical Marijuana Business Alliance Formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

New Hampshire Advocates to Demonstrate at Statehouse Next Wednesday to Criticize Medical Marijuana Program Delays. Next Wednesday is the one-year anniversary of Gov. Maggie Hassan's signing of the state's medical marijuana bill, but the state's program is beset with needless delays, say advocates, who will gather at the statehouse in Concord next Wednesday to shine a media spotlight on the problem. Click on the link to RSVP.

Northern California Congressman Calls on US Attorney to Go After "Trespass" Marijuana Growers, Not People Complying With State Law. US Rep. Jared Hoffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

New Synthetic Drugs

Alaska Tries New Tactic in Battle Against Synthetics -- Fining Stores That Sell Them. Gov. Sean Parnell (R) Wednesday signed into law a bill designed to block the retail sale of synthetic drugs by defining them as products with "false or misleading labels" and imposing fines similar to traffic tickets on people who sell or possess them. The move comes after earlier efforts to suppress the new synthetics were undermined by manufacturers who adjusted their recipes to avoid lists of banned synthetics.

Law Enforcement

FedEx Hit With Criminal Indictment for Shipping Internet Pharmacy Drugs. A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments. Read the indictment here.

Sentencing

US Sentencing Commission Votes Unanimously for Retroactivity in Drug Sentencing, Could Affect 46,000 Federal Prisoners. The United States Sentencing Commission voted unanimously today at a public meeting to apply a reduction in the sentencing guideline levels applicable to most federal drug trafficking offenders retroactively, meaning that many offenders currently in prison could be eligible for reduced sentences beginning November 2015. Unless Congress disapproves the amendment, beginning November 1, 2014, eligible offenders can ask courts to reduce their sentences. Offenders whose requests are granted by the courts can be released no earlier than November 1, 2015. The Commission estimates that more than 46,000 offenders would be eligible to seek sentence reductions in court. These offenders' sentences could be reduced by 25 months on average. Click on the link for more information.

Ohio Supreme Court Rules Crack Defendants Sentenced After New Law to Reduce Disparities Went Into Effect Must Be Resentenced. The state Supreme Court ruled Wednesday that defendants convicted before laws reducing the penalty for possessing crack cocaine went into effect, but sentenced after they went into effect must be resentenced under the new law. The case is State v. Limoli.

International

Australia Drug Use Survey Released. The 2013 National Drug Strategy Household Survey, conducted by the Australian Institute of Health and Welfare, was released Thursday. Cigarette smoking is down, youth drinking is down, and so is the use of heroin, ecstasy, and GHB. The misuse of pharmaceuticals is up, and the use of meth remains steady.

Ending Moratorium, Singapore Executes Two Convicted Drug Dealers. Singapore today hanged two convicted drug dealers, the first executions for drug offenses since it imposed a moratorium on them in 2011. Tang Hai Liang, 36, had been convicted of trafficking 89.55 grams (3.2 ounces) of pure heroin and Foong Chee Peng, 48, had been found guilty of dealing 40.23 grams of the same illegal drug. Both are Singapore citizens. They had chosen not to seek resentencing under a 2012 law that abolished mandatory death sentences in some drug trafficking cases.

Medical Marijuana Update

A CBD cannabis oil bill becomes law in Missouri, the District of Columbia expands its medical marijuana program, Michigan prepares to improve its program, Berkeley will provide free medical marijuana for the poor and homeless, an LA medical marijuana farmers' market gets an injunction slapped on it, and more. Let's get to it:

Arizona

Last Wednesday, the Department of Health authorized medical marijuana for PTSD. The Department of Health Services announced 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.

As of this Wednesday, thousands have signed a petition supporting a fired University of Arizona medical marijuana 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 make no bones about blaming conservative Arizona political figures for her firing. Click on the link to read her comments.

California

Last Tuesday, the Berkeley city council gave initial approval for free medical marijuana for the poor and homeless. The council has given gave initial approval for an ordinance that would require dispensaries in the city to set aside 2% of their medical marijuana to be given away free to poor and homeless residents who are patients. A second reading is set for next month.

On Tuesday, a Los Angeles Superior Court judge issued a temporary restraining order against a medical marijuana farmers' market. A Los Angeles Superior Court judge 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.

Also on Tuesday, Fresno County supervisors imposed the largest medical marijuana fine yet. Supervisors levied a $99,000 fine against a man caught growing 99 plants on his property near Laton earlier this year. The county has imposed a fine of $1,000 per plant for cultivating marijuana, which it has banned. Supervisors also approved raising the cap on spending to defend its medical marijuana ordinance from $50,000 to $210,000.

District of Columbia

On Tuesday, the city council approved medical marijuana expansion. The council 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."

Iowa

Last Thursday, a terminally ill cancer patient was convicted of growing his 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.

Michigan

Last week, a key legislator said he expects the Senate to vote on improving the state's medical marijuana law 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.

Minnesota

Last Friday, Gov. Mark Dayton (DFL) named 16 people to the medical marijuana task force. The panel is charged with monitoring the effectiveness of the state's new limited medical marijuana law. Included are four patients or their parents, four law enforcement entities, four substance abuse treatment providers and four health care providers. Two lawmakers each from the House and Senate, as well as the commissioners of Health, Human Services and Public Safety are also on the panel. Click on the link for a list of members.

Missouri

On Monday, Gov. Jay Nixon signed a CBD cannabis oil bill. He signed into law a bill allowing Missourians with epilepsy that cannot be treated by conventional means to use low-THC, high-CBD cannabis oil. Patients will have to register for the state and have a neurologist aver that conventional treatments have not worked.

New Mexico

Last Wednesday, the New Mexico US Attorney said he wouldn't prosecute patients busted at border checkpoints. 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.

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

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.)

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