State Courts

RSS Feed for this category

Chronicle AM -- March 25, 2014

Richard Branson speaks out on California drug policy reforms, a leading anti-drug group gives up the ghost on fighting marijuana legalization, the Canadian government is under attack from a couple of directions, and more. Let's get to it:

Richard Branson speaks out again on drug policy reform (David Shankbone/wikimedia)
Marijuana Policy

Drugfree.org Gives Up on Anti-Marijuana Ad Campaign. The people who brought you "this is your brain on drugs" and similar anti-drug advertising campaigns have given up on fighting marijuana legalization. Formerly known as the Partnership for a Drug-Free America, the group and its CEO, Steve Pasierb, say they have rejected a request to launch a campaign against marijuana legalization because legalization "is happening in America." Here is the interview in Advertising Age where Pasierb speaks out.

Colorado Supreme Court Says Lawyers Can Work With Marijuana Businesses. The Colorado Supreme Court approved a rule change Monday that will eliminate the threat of ethics sanctions against attorneys who work with marijuana businesses. Lawyers "may assist a client in conduct that the lawyer reasonably believes is permitted by these constitutional provisions and the statutes, regulations, orders, and other state and local provisions implementing them," Chief Justice Nancy Rice wrote in the updated rule.

Delaware Poll Has Majority for Legalization, Two-Thirds for Decriminalization. A Public Policy Polling survey commissioned by the Marijuana Policy Project finds that a narrow majority (51%) support legalizing marijuana, while an overwhelming majority (68%) support decriminalization of the possession of small amounts.

Illinois Decriminalization Bill Has Hearing Today. A bill to decriminalize the possession of up to an ounce of marijuana gets a hearing today in the House Restorative Justice Committee. The measure, House Bill 5708, was introduced by Rep. Kelley Cassidy (D-Chicago).

Medical Marijuana

Florida CBD Medical Marijuana Bill Wins Senate Committee Vote. A bill to legalize a special strain of low-dose medical marijuana passed through the Senate Criminal Justice Subcommittee on Monday. Senate Bill 1030, sponsored by Sen. Rob Bradley (R-Fleming Island), Sen. Aaron Bean (R-Fernandina Beach), and Sen. Jeff Brandes (R-St. Petersburg) would only allow patients to use extracts containing at least 15% CBD and less than 0.5% THC. The House companion bill, House Bill 843, differs in several ways. The two measures would have to be reconciled if both pass their respective chambers.

Illinois Bill to Add Seizure Disorders Gets Hearing Today. A bill that would add seizure disorders to the list of diseases and conditions for which medical marijuana is approved gets a hearing today in the Senate Public Health Committee. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 will be supported in committee by testimony from Kurt Florian, president of the Epilepsy Foundation of Chicago, as well as a family practitioner and parents of two children suffering from seizure disorders.

Drug Policy

Richard Branson Op-Ed Urges Support for California Drug Reforms. Virgin Airlines head and Global Drug Policy Commission member Richard Branson has penned an op-ed calling for support of an initiative campaign to decriminalize drug possession in California. Click on the title link to read the op-ed. Branson is also appearing this afternoon at an event in San Francisco, where Sundog Pictures will hold a special screening of its drug war documentary "Breaking the Taboo." That's at 5:30 pm at the New People Cinema on Post Street.

Law Enforcement

Pennsylvania Man Sues Philly Narcs for 13 Years of False Imprisonment. Philadelphia resident Kareem Torain has filed a lawsuit against a trio of current and former Philadephia narcotics officers, in which he claims they falsified evidence that led to him being convicted on drug charges and spending 13 years in prison. In addition to the individual narc, the lawsuit also targets the city of Philadelphia for "systemic deficiencies and deliberate indifference" that "have caused police officers, including defendant police Officers Monaghan and Reynolds, and former police Officer Walker in this case, to believe that they can violate the rights of citizens, with impunity, including the use of fraud and falsehood, without fear that their actions will be investigated." In recent years scores of drug cases have been dismissed by Philadelphia courts, and several lawsuits have been filed, claiming that narcotics officers routinely planted evidence and lied in court to secure convictions.

International

Russian Drug Czar Calls for New Plan to Combat Afghan Drug Threat. Viktor Ivanov, head of the Russian anti-drug agency, has called for the UN Security Council to address "planet scale" drug production in Afghanistan and for interested countries to create a global alliance for alternative development in Afghanistan through "forced industrialization." Ivanov is one of the Russian political leaders sanctioned as a result of the Crimea crisis, and last week, he suggested that the US was using the crisis to deliberately destroy the international anti-drug cooperation in order to hide its responsibility for the drug crisis in Afghanistan.

Canada Blocked Support for Harm Reduction at UN CND Meeting, Observers Say. Canadian diplomats in Vienna for the UN Commission on Narcotic Drugs (CND) meeting blocked harm reduction health approaches abroad that are widely practiced at home, said Canadian Drug Policy Coalition director Donald MacPherson, who attended the conference. "Historically, Canada had been a leader in this area," MacPherson noted. "A substantial amount of the scientific research validating harm reduction measures was done right here in Vancouver, and we've implemented quite robust harm reduction policies at the provincial level across Canada. It's hypocritical for us to oppose adoption of these strategies internationally, especially since this is a matter of life and death in many countries with high levels of injection drug use and HIV." Similarly, Richard Elliot, executive director of the Toronto-based Canadian HIV/AIDS Legal Network, described the position adopted by Canada in Vienna as "profoundly stupid."

Canada Court Hearing Request for Injunction to Allow Prescription Heroin This Week. The Vancouver-based Pivot Legal Society and Providence Health Care will be in court this week to argue that participants in the SALOME study (The Study to Assess Long-term Opioid Maintenance Effectiveness) should receive an exemption from recent amendments to federal drug laws that prohibit doctors from prescribing heroin to patients for whom other treatment options have been ineffective. Pivot is representing five patients whose condition improved while in the SALOME study, operated by Providence Health, and who can no longer access the treatment now that their time in the study is over. Click on the link for more details.

Mexican Lawmakers Hit DC, NYC to Discuss Their Marijuana Reform Proposals. Legislators from the Mexican Congress and the Mexico City Assembly will be in Washington, DC, and New York City to discuss the bills they introduced to decriminalize the consumption and purchase of marijuana for personal use in Mexico City and to legalize medical marijuana countrywide. Mexico City Senator Mario Delgado and Mexico City Assembly member Vidal Llerenas, both from the Democratic Revolution Party (PRD), will be in DC on March 24 and 25 and in NY on March 26 to discuss the aims of the marijuana reform proposals in Mexico. Click on the link for more details.

Chronicle AM -- March 24, 2014

Medical marijuana dominates the drug policy news today, plus a legalization bill is filed in New Jersey, welfare drug testing advances in a pair of states, the Russians halt anti-drug cooperation with the US, and more. Let's get to it:

Cannabis oil is a hot item in traditionally unfriendly legislatures (wikimedia.org/Stephen Charles Thompson)
Marijuana Policy

New Jersey Legalization Bill Introduced. State Sen. Nicholas Scutari (D-Linden) introduced a marijuana legalization bill today. The bill is not yet available online, but Scutari said it is modeled on the laws in Colorado and Washington state. "Anybody that looks at the facts, knows that the war on marijuana has been a miserable failure," Scutari said in a press release. "We're not delusional about how simple the effort would be, but I think from a standpoint of moving this state and this country forward on its archaic drug laws, I think it's a step in the right direction."

Medical Marijuana

Arizona Judge Okays Use of Medical Marijuana Extracts. A Maricopa County Superior Court judge ruled Friday that using marijuana extracts is legal under the state's medical marijuana law. The state Health Department had argued that that the law only allows patients to consume parts of the actual plant, but Judge Katherine Cooper said nothing in the law backs that conclusion.

Arkansas Attorney General Rejects Initiative Language. Arkansas Attorney General Dustin McDaniel has rejected the popular name and ballot title of a proposed medical marijuana initiative. The initiative is sponsored by Arkansans for Medical Cannabis. Another Arkansas initiative, from Arkansans for Compassionate Care, is already in the signature-gathering phase.

Iowa Lawmakers Introduce Resolution for Medical Marijuana Study. A bipartisan group of 10 Iowa lawmakers have introduced a resolution seeking a legislative interim study of the feasibility of legalizing medical marijuana in the Hawkeye State. Senate Resolution 112 now goes to the Iowa Legislative Council, which meets in June to consider requests for interim studies, which are typically completed prior to the next legislative session.

Oregon Health Authority Says No to Edibles at Dispensaries. The Oregon Health Authority last week released draft rules for dispensaries that do not allow medical marijuana edibles to be sold there. The authority said it feared edibles would be attractive to young people, but advocates said some patients need to take the drug orally.

Tennessee Medical Marijuana Bill Dead. A bill to allow for the use of medical marijuana in Tennessee is dead after sponsors reported no possibility of action on it in the state Senate. House Bill 1385, sponsored by Rep. Sherry Jones (D-Nashville) also got no respect in the House, where the Health Subcommittee heard unscheduled testimony opposing it from the Department of Health and the hearing ended without Jones being able to present an amendment to the bill and get a vote on it.

Alabama CBD Medical Marijuana Bill Passes Legislature. A bill to authorize and fund a $1 million University of Alabama study of the effectiveness of CBD cannabis oil in treating seizures has passed the Alabama legislature. Senate Bill 174 now goes to the governor's desk.

Georgia CBD Medical Marijuana Bill Dies. A bill to allow the use of CBD cannabis oil for epileptic seizures died in the legislature last week. House Bill 885 fell victim to parliamentary maneuvering as the session neared an end. After it passed the House, Senate leaders tied it to a favored autism bill and approved that, but the House never voted on the merged bill. Rep. Allen Peake (R-Macon), the bill's sponsor, vowed to try again next year.

Kentucky CBD Medical Marijuana Bill Passes House Committee. A bill to allow the use of CBD cannabis oil for children suffering seizures passed the House Judiciary Committee last week and now heads for a House floor vote. Senate Bill 124 has already passed the Senate.

South Carolina CBD Medical Marijuana Bill Advances, But With Restrictions. A bill that would allow children with epilepsy to use CBD cannabis oil won a Senate committee vote last week and now advances to the Senate floor. The Senate Medical Affairs Committee unanimously approved Senate Bill 1035, but only as part of clinical trials testing federally approved drugs.

Utah Governor Signs CBD Medical Marijuana Bill. Gov. Gary Herbert (R) has signed into law House Bill 105. The measure allows children with epileptic seizures to use CBD cannabis oil and allows their families to bring it back to the state with a neurologist's consent.

Drug Policy

Massachusetts Democratic Gubernatorial Candidate Would Consider Decriminalizing Drug Possession, But… Democratic gubernatorial candidate Juliette Kayyem said last week she would consider decriminalizing some drugs, including cocaine, in an effort to treat nonviolent drug offenders differently within the criminal justice system. "Decriminalization of marijuana has been important. I think we should consider it for other drugs, or create more drug courts so that people do not fall into the criminal justice system," Kayyem said. But she later clarified that she meant drug users should be sent to treatment, not jail.

Harm Reduction

Georgia 911 Good Samaritan, Naloxone Bill Passes Legislature. A bill that would provide a "medical amnesty" to people seeking medical attention for overdose victims has passed the Georgia legislature. House Bill 965 was also amended to include allowing for the distribution of the overdose reversal drug naloxone. It now heads for the desk of Gov. Nathan Deal (R).

New Jersey EMTs to Carry Overdose Reversal Drug. The office of Gov. Chris Christie (R) announced last week that emergency medical technicians will be able to carry and administer the overdose reversal drug naloxone. The move required a waiver of state EMT rules, which do not cover the use of naloxone. "Allowing first responders to administer Narcan [naloxone] will save lives," Christie said in a statement. "We want to encourage people to seek medical assistance when a drug overdose occurs."

Drug Testing

Georgia Food Stamp Drug Testing Bill Passes Legislature. A bill requiring food stamp recipients to undergo drug tests if state officials have "reasonable suspicion" they are using drugs has passed the state legislature on the last day of the session. House Bill 772 now goes to the desk of Gov. Nathan Deal (R) for a signature.

Michigan Senate Passes Welfare Drug Testing Bill. A bill that would require drug testing for welfare recipients if state officials suspect they are using drugs has passed the state Senate. It would set up a pilot program in three counties. The bill is part of a package of welfare drug testing bills that are still under consideration in the House.

Methamphetamine

Illinois Pseudoephedrine Prescription Bill Gets Hearing. A bill that would require prescriptions to obtain cold medications containing the meth precursor pseudoephedrine got a hearing before a Senate panel last week. Senate Bill 3502 is supported by law enforcement, but opposed by OTC drug manufacturers.

Sentencing

New Jersey Supreme Court Committee Report Urges Major Bail Reforms. The state Supreme Court has released a report from its Joint Committee on Criminal Justice calling for significant changes to the current bail system in New Jersey and enactment of speedy trial legislation. Click on the links for more details.

International

Russians Warn US Sanctions Will Halt Anti-Drug Cooperation. Russia's anti-drug agency said Friday US sanctions imposed over the Crimea crisis would wreck its cooperation with the US. "The U.S. administrations' arbitrary and ill-considered decision will, in one day, destroy our unique experience of cooperation," the agency said.

Canadian Court Rules Medical Marijuana Patients Can Keep Growing Their Own. A Canadian federal court judge has issued an injunction exempting patients already licensed to possess or grow medical marijuana from the Conservative government's new rules attempting to restrict such grows to commercial facilities. The federal government announced its plans to overhaul the production of medical pot last year, arguing the current system had grown out of control and was rife with problems ranging from unsafe grow-ops to infiltration by criminals. The injunction is only good while a lawsuit filed by patients works its way through the courts.

Bermuda Marijuana Reform Report Coming Next Month. A final report detailing local opinions on cannabis reform is to be handed in to the government by April 17, according to the Cannabis Reform Collaborative (CRC). The group has canvassed views through seven focus groups, targeting different age groups. Bermuda's marijuana laws are being appraised following a call last year by National Security Minister Michael Dunkley for a public discussion on decriminalizing the drug.

Bermuda Has Near Majority for Marijuana Decriminalization. The Bermuda National Household Survey on Drug Consumption and Health is out, and it shows that nearly 49% support marijuana decriminalization, with 41% opposed and 9% undecided.

Australian Government Toughens Penalties for New Synthetics. The Australian government said it has added four substances marketed as "synthetic LSD" to its list of drugs that attract the most serious penalties. Under the move, importers will face a minimum of two years in jail. Currently, importers pay only a fine set a three times the value of the product. The substances are derivatives of phenethylamine marketed under names like "N-Bomb."

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

Chronicle AM -- March 17, 2014

Alaska state agencies complain that legalization will cost money (and they want some of it), Vermont cops complain the governor is soft on pot, federal prosecutors complain about reforming mandatory minimums, and more. Let's get to it:

What will keep this Rasta smiling? Jamaican ganja farmers have some ideas. (wikimedia.org)
Marijuana Policy

California Cannabis Hemp Initiative Dead for 2014. The number of active marijuana legalization initiatives in California has dropped to one after the California Cannabis Hemp Initiative failed to qualify for the ballot by its signature-gathering deadline. That leaves only the Marijuana Control, Legalization & Revenue Act, which, barring a miracle, isn't going to make the ballot, either. It needs 504,000 valid voter signatures by April 18, but only has 10,000. The big money is waiting for 2016 in California.

FBI Refuses to Do Washington State Marijuana Industry Background Checks. The FBI is refusing to do criminal history background checks on people applying for legal marijuana licenses in Washington state, even though it has done such checks in Colorado. The agency has balked for the past year at requests from state officials, and refused to tell the Associated Press why. The state has issued three licenses so far; for those, they relied on background checks by the Washington State Patrol, which would catch in-state criminal convictions, but might miss out-of-state ones.

Alaska Agencies Claim Legalization Will Cost Millions. In a new report, Alaska state agencies said that if the marijuana legalization initiative passes there, it will cost the state between $3.7 million and $7 million to implement and enforce the new law. Included in that figure are law enforcement requests for "at least three additional Alaska State Trooper positions to target the illegal diversion and exportation of marijuana lawfully cultivated in Alaska" and nearly $1.5 million for a media campaign to warn of stoned driving and training for troopers to recognize when a driver is high. The report doesn't address increased tax revenues from legalization.

Vermont Cops Accuse Governor of Being Soft on Pot. The Vermont Association of Chiefs of Police, Vermont Sheriffs Association and the Vermont Police Association said in a press release Friday that they are united against efforts for marijuana legalization and that, while they have previously expressed concern about Gov. Peter Shumlin's (D) "tolerance of marijuana," their concerns had been ignored. They also called marijuana "a gateway drug."

Washington Legislature Approves Sale of Hash and Hash Oil. The state legislature has approved a bill that would legalize the sale of hashish and hash oil at state-licensed marijuana retail outlets.House Bill 2304 now goes to the desk of Gov. Jay Inslee (D).

Medical Marijuana

HHS Gives Go-Ahead for MAPS PTSD Research Study. The federal Department of Health and Human Services granted permission Thursday for the Multidisciplinary Association for Psychedelic Studies (MAPS) to purchase research-grade marijuana from the National Institute on Drug Abuse (NIDA) for its planned study of marijuana for symptoms of PTSD. MAPS notes that this is the first time in the 22 years it has been trying to start marijuana drug research that it has actually won permission to purchase marijuana from NIDA. It's not quite a done deal yet, though; the DEA still as to approve. MAPS said it was "optimistic" DEA would do so.

Florida Poll Shows Strong Support for Initiative. A University of North Florida poll released Monday has the state's medical marijuana amendment initiative well-positioned to win in November. The initiative has already qualified for the ballot. The poll had 74% of registered voters planning to vote for it. Because it is a constitutional amendment, it will need 60% approval to pass.

Iowa Poll Has Support for Medical Marijuana at 81%. In a new Quinnipiac Poll, 81% of Iowa voters said they would support "allowing adults in Iowa to legally use marijuana for medical purposes if their doctor prescribes it." Even among Republicans, 68% agreed. That's in sharp contrast to a recent Iowa Poll that had only 59% supporting "legalizing marijuana for medicinal purposes."

Michigan Chamber of Commerce Wants No Jobless Benefits for Fired Medical Marijuana Users. Michigan's leading business group is urging the state appeals court to rule out jobless benefits for people who are fired for using medical marijuana. The move comes as the court weighs the cases of people who sought benefits after being fired for using medical marijuana. Lower court judges have ruled in favor of the workers, who argued that they shouldn't be denied benefits after losing their jobs for using marijuana legally under state law.

Arkansas Medical Marijuana Initiative Has 15% of Necessary Signatures. A signature-gathering campaign to put medical marijuana on the November ballot has collected about 15% of the signatures needed to qualify, Arkansans for Compassionate Care said on Thursday. The initiative is one of two gathering signatures this year. It has until July 7 to hand in 62,000 qualified signatures, and has about 10,000 so far.

Nevada Board of Health Approves Dispensary Regulations. The Board of Health gave its approval Friday to rules to regulate new dispensaries. The next and final step is approval by a legislative commission on March 28. A 2013 law allowing dispensaries goes into effect April 1. But even then, there will be a 45-day notice announcing the date applications will be accepted. Once the application period opens, there will only be a 10-day window for accepting them. After the application period closes, the state must make a decision on each application within 90 days of receiving it. And then dispensaries have to grow their supply. Maybe by year's end…

Drug Policy

House Passes Bill to Force President to Enforce Federal Drug Laws. The Republican-controlled US House last week passed the Enforce the Law Act (House Resolution 4138), which would allow Congress to sue the president for failing to execute federal laws. While the bill is a broad attack on the Obama administration, one key supporter, Rep. Bob Goodlatte (R-VA), singled out the "selective non-enforcement" of part of the Controlled Substance Act in medical marijuana and legal marijuana states as a major concern. Democratic Senate Majority Leader Harry Reid (D-NV) said the bill was "dead on arrival" in the Senate.

Law Enforcement

Nevada County Settles Up in Interstate-80 Cash Seizure Cases. Humboldt County, Nevada, where sheriff's deputies developed a habit of stopping travelers on I-80 and seizing their cash through threats of arrest or impoundment even though no drugs were found, has settled a lawsuit over the practice. Two men from whom thousands of dollars were taken sued and have won their money back and attorneys' fees. The county District Attorney's Office also said Friday it had launched an internal review of the county's "forfeiture program," but that it had seen no evidence of illegal stops or other wrongdoing on the part of Sheriff Ed Kilgore or his deputies. The lawsuits claimed the cash seizures were part of a pattern of stopping drivers for speeding as a pretext for drug busts in violation of the Constitution.

Illinois Bill to Ban Kratom Filed. Rep. Dennis Reboletti (R-Elmhurst) has filed a bill to outlaw kratom, a Southeast Asian herb with psychoactive properties. The plant is not banned federally, although the DEA has it on its list of "drugs of concern." Indiana is the only state so far to have criminalized it, designating its active ingredients as controlled substances. The Illinois bill is House Bill 5526.

Sentencing

Some Federal Prosecutors Oppose Eliminating Mandatory Minimums. Attorney General Holder's move to eliminate mandatory minimum sentences for most drug offenders is running into flak from some prosecutors, The Washington Post reported Thursday. They complained that "tough sentencing policies provide a critical tool to dismantle drug networks by getting cooperation from lower-level defendants and building cases that move up the criminal chain of command." The prosecutors spoke out at a hearing of the US Sentencing Commission where Holder endorsed changing federal sentencing guidelines to reduce drug sentences in most cases.

International

NGOs to Address Inter-American Human Rights Commission on Drug Policy and Human Rights. For the first time, the Inter-American Human Rights Commission has granted an audience to hemispheric civil society groups to address the impact of the war on drugs on human rights in the Americas. The audience will take place in Washington, DC, on March 25. Click on the link to see the impressive list of organizations that will participate.

Jamaican Rastas Want Legal Marijuana Monopoly. The newly formed Westmoreland Hemp and Ganja Farmers Association said licenses to grow and sell marijuana upon legalization should be limited to Rastafarians and other poor people, who have been victimized for decades for cultivating the herb. "We will not stand by and watch anybody outside of Rastafari and grassroots people take over this product. And we make no apology," association President Ras Iyah V declared during his address at the launch of the organisation at the MXIII Lawn in Negril on Sunday night. "We are saying this loud and clear to the Government, we are saying it to society, and we are saying it to the international community. Otherwise, we will take to the streets and turn Jamaica upside down -- and we make no apology. Because we not going take baton lick and brutality and all of a sudden now when the legalization aspect come, a some rich people come tek it ova -- people who used to scoff and scorn at the very mention of the herb name ganja," he added. "The WHGFA's objectives are to make sure that those who have paid the price -- who have been going to jail, going to prison, getting the baton licks, who have been planting the herb and it get cut down by police and soldiers, and yet have been persistent with this product -- that the rights of these individuals are protected."

Mexico Moves to Rein In Anti-Cartel Vigilantes. Leery of having created a Frankenstein monster, Mexican authorities moved last week to put anti-cartel vigilante groups on notice that their illegal tactics will no longer be tolerated. Locals who saw the vigilantes as saviors from cartel extortion and threats now complain of similar behavior from the vigilantes, and the government says it now no longer needs them. Several vigilante leaders have been arrested on murder and other charges.

Chronicle AM -- March 14, 2014

No legalization for Maryland this year, the ASA national conference is coming soon, Utah (!) passes a package of policing reform bills, welfare drug testing goes down in flames in Indiana, the Swiss ponder cannabis clubs, and more. Let's get to it:

A bill before Utah's governor would begin to rein in SWAT in the Beehive State. Only Maryland has done something similar.
Marijuana Policy

Michigan Activists Plan Slew of Local Reform Initiatives. Marijuana reform activists are planning "a tsunami move in November 2014," with plans to put initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older on the local ballot in at least eight towns and cities, and perhaps a dozen more. The Safe Michigan Coalition, the folks behind successful initiatives in Lansing, Ferndale, and Jackson last year, are also behind this effort.

NORML PAC Endorses Tommy Wells for DC Mayor. NORML PAC, the campaign and lobbying arm of NORML, announced today that it is endorsing Councilman Tommy Wells for mayor of Washington, DC. "Councilman Wells is a passionate crusader for the cause of marijuana law reform," stated NORML PAC manager Erik Altieri, "Wells showed his skill and acumen for the issue when he championed the District's marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor's office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation."

Maryland Legalization Bill Dies, But Decriminalization Bill Still Lives. A bill that would have legalized marijuana in Maryland, House Bill 880 from Rep. Curt Anderson (D-Baltimore), died for lack of support in committee yesterday, but a decriminalization bill, Senate Bill 364, filed by Sen. Robert Zirkin (D-Montgomery) passed the Senate and is now before the House Judiciary Committee.

Colorado Appeals Court Rules Some Marijuana Convictions Can Be Thrown Out. Some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in Colorado, the state's second-highest court ruled Thursday. The Colorado Court of Appeals said people whose cases were under appeal when Amendment 64 on recreational marijuana took effect in December 2012 are eligible to have their convictions reversed. The case is Colorado v. Brandi Jessica Russell.

Medical Marijuana

ASA National Conference in Washington, DC, April 5-7. The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), formally announced today its second annual Unity Conference, "Navigating Medical Cannabis in the Mainstream," to be held in Washington, DC on April 5-7, 2014. The conference will highlight medical and legal experts, policymakers, and a wide array of workshops and panels focusing on scientific research, strategic planning, and skills building. Click on the links for more details.

Washington Medical Marijuana Regulation Bill Dies. A legislative effort to roll Washington's medical marijuana program into its I-502 legal marijuana system has died at the last minute after House Republicans tried to use it to divert a share of marijuana tax revenue to cities and counties. Senate Bill 5887 sponsor Sen. Ann Rivers (R-La Center) said the bill was doomed by "immovable positions" even after a last-minute push by the governor. The bill would have required existing dispensaries to either get legal under I-502 or close, would have ended collective gardens, and would have reduced the amount of marijuana patients could possess and the number of plants they could grow.

Utah CBD Medical Marijuana Bill Passes Legislature. A bill that would allow children with epilepsy to use CBD cannabis oil has passed the legislature and now heads for the governor's desk. House Bill 105 won final approval in the House Thursday.

Drug Testing

Pre-Job Offer Drug Tests Violate ADA, Federal Court Rules. Pre-offer drug tests to determine the use of both legal and illegal drugs violates the Americans with Disabilities Act's (ADA) prohibition on pre-offer medical inquiries, a federal court in Pennsylvania ruled last week. The ADA contains an exception for tests solely "to determine the illegal use of drugs," but the court held that the urine drug screens qualified as medical exams because they tested not just for drugs but also for other medical purposes. The case is EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center.

Indiana Welfare Drug Testing Bill Dies on Ties Vote in Senate. A bill to drug test welfare recipients suspected of using drugs died last night on a dramatic tie vote in the Senate. Senate Bill 1351 had already passed the House by a margin of 81-17, but Senate opponent said the measure unfairly targeted poor people and that other states that have adopted such programs have found they were not cost effective.

Law Enforcement

Utah Legislature Passes Policing Reform Bills. Three bills to impose some controls on law enforcement have been sent to the governor's desk in Utah. House Bill 70 originally would have limited the use of "dynamic entry" search warrants to situations involving violent crime, but was watered down. It still, however, imposes some restrictions on such searches. Senate Bill 185 would require police agencies with SWAT teams to report on why and how often they are used. Only Maryland has approved a similar law. And House Bill 185 requires police to obtain a warrant before searching the contents of a cell phone, including bulk data collection through technologies like Stingray.

Drugged Driving

Drugged Driving Bill Passes Vermont House. A bill that makes it easier for police to charge drivers with drugged driving passed the House Thursday. House Bill 501 changes existing law to use the same definition of "under the influence"of drugs as has been established for alcohol. Under current law, drugged driving can only be proven if someone drives unsafely, but the proposed law would change that to enable a conviction "when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug." The state Supreme Court has held that any drug presence constitutes "under the influence." The bill now heads to the Senate.

International

Swiss Cities Consider Backing Cannabis Clubs. Municipal governments in at least five Swiss cities are considering plans to allow "cannabis clubs" or user associations. Local governments in Basel, Bern, Geneva, Lausanne, and Zurich are contemplating the move, with Geneva taking the lead. A working group will present a final proposal to authorities in June, but the move would require changes in federal law.

British Deaths From New Synthetics "Inflated," Former Drug Advisors Say. The National Program on Substance Abuse Deaths (NSPAD) reported 68 deaths in 2012 from the use of "legal highs" or new synthetic drugs, but two former government drug advisors say that figure includes many deaths from substances that "are already illegal, not new, and/or not psychoactive." Professor David Nutt and Dr. Les King of the Independent Scientific Committee on Drugs said only 11 of the 68 deaths actually occurred with new synthetics. "What is certain is that if the current government review of legal highs is to be taken seriously and lead to health improvements then there must be a proper definition of terms and improved data collection," they said. "Moreover the data must be properly and independently audited so the effects of any change in the law can be properly evaluated."

(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.)

Medical Marijuana Update

The Epilepsy Foundation comes out in support of medical marijuana, the feds delay a PTSD study, CBD bills are popping up, and a battle over local dispensary bans looms in Oregon, and more. Let's get to it:

National

Last Thursday, the National Epilepsy Foundation endorsed medical marijuana. "The Epilepsy Foundation supports the rights of patients and families living with seizures and epilepsy to access physician directed care, including medical marijuana. Nothing should stand in the way of patients gaining access to potentially life-saving treatment," according to the statement from Epilepsy Foundation President and CEO Philip M. Gattone and Epilepsy Foundation Board of Directors Chairman Warren Lammert. "If a patient and their healthcare professionals feel that the potential benefits of medical marijuana for uncontrolled epilepsy outweigh the risks, then families need to have that legal option now -- not in five years or ten years. For people living with severe uncontrolled epilepsy, time is not on their side," according to their statement.

Last Friday, researchers charged federal bureaucrats with blocking the supply of marijuana for a research study on PTSD in veterans. The study has been approved by the FDA and the University of Arizona's Institutional Review Board, but the Multidisciplinary Association for Psychedelic Studies (MAPS) said the US Public Health Service has for the past 3 ½ months refused to act on its request to purchase marijuana for the study. The PHS marijuana review process exists only because the National Institute on Drug Abuse (NIDA) has a Drug Enforcement Administration (DEA)-protected monopoly on the supply of marijuana legal for use in FDA-regulated research. This additional review is not required for research on any other Schedule I drug.

California

Last Tuesday, the Diamond Bar city council voted to ban dispensaries. The council first approved an extension of a temporary ban on medical marijuana clinics that will last until January 2015. It also introduced a second ordinance that will permanently ban medical marijuana operations from the city. The permanent ban gets a second reading next week. The city had one dispensary, Farm Assist Caregivers, but it was shut down by the feds last year.

On Tuesday, the San Diego city council approved up to 30 dispensaries to operate in the city. The council voted 8-1 to create new zoning laws for medical marijuana dispensaries after years of debate about providing access for patients while at the same time protecting neighborhoods. The rules limit dispensaries to some commercial and industrial zones and require them to be at least 1,000 feet from one another as well as schools, playgrounds, libraries, child care and youth facilities, parks and churches. They must operate as nonprofits, have curtailed business hours and hire security guards.

Also on Tuesday, a San Jose initiative began gathering signatures for the 2014 ballot. The San Jose Medical Marijuana Regulation for San Jose Act (MMRSJ) is designed to put in place "reasonable regulations" for dispensaries and is a response to a city council stance that "all dispensaries are illegal" until it comes up with its own regulations. The supporters of MMRSJ would like to collect 30,000 signatures before the March 18 San Jose City Council meeting on the topic, but have set a goal of completing the signature drive on April 20.

Florida

On Monday, Tampa was the scene of a rowdy debate over medical marijuana. With a medical marijuana initiative headed for the voters in November, initiative proponent and prominent attorney John Morgan and NORML head Alan St. Pierre faced off against Project SAM spokesman Kevin Sabet and prehistoric prohibitionist Dr. Eric Voth. "Screaming, yelling, and even people dragged out" were all part of the action, as WTSP News 10 reported.

Georgia

On Monday, a CBD medical marijuana bill was stalled in committee. The bill, House Bill 885, would allow for the use of CBD cannabis oil to treat epileptic seizures in children is stuck in committee as lawmakers grapple with the issue of how to obtain it. Either growing it or importing it would violate state law.

Iowa

Last Friday, a judge rejected an activist's lawsuit challenging the state Board of Pharmacy's refusal to recommend rescheduling of marijuana. Carl Olsen had brought the suit after the board denied his request to recommend a change in classification, and he says he will appeal.

Kentucky

On Wednesday, a CBD medical marijuana bill won a Senate committee vote. A bill to allow trial use of cannabis oil for severe childhood seizures passed the Senate Health and Welfare Committee, and now goes to the full Senate. The measure is Senate Bill 124.

Nevada

On Tuesday, the Boulder City council voted to ban dispensaries. The unanimous vote came after council members said they didn't think the businesses were "a good fit" for the town. Boulder City becomes the first town in Clark County to ban them. Las Vegas has a moratorium, but only while city staffers research the issue.

New York

On Tuesday, a new Sienna poll showed strong support for medical marijuana. A third of respondents (32%) said Gov. Andrew Cuomo's pilot medical marijuana program was sufficient, but 45% said the state should implement a full-fledged program. The poll comes as pressure rises on the state Senate to approve pending legislation.

Ohio

On Monday, a Quinnipiac poll showed nearly nine out of 10 Ohioans favor medical marijuana. The poll had support at 87%. Medical marijuana activists are trying to get an initiative on the ballot there.

Oregon

On Monday, a House committee amended the dispensary regulation bill to allow local bans. The Senate earlier passed a version of the bill that allowed localities to regulate, but not ban them. Senate Bill 1531 still has to pass the House, and if the ban still stands, the Senate must vote to concur in the change or the two versions will have to be reconciled in conference committee.

Also on Monday, the Tualatin city council voted to ban dispensaries until year's end. The measure passed 6-0.

On Tuesday, the Beaverton city council voted to ban dispensaries for at least six months. Councilors said they voted for the moratorium to figure out the best options for city regulations regarding dispensaries, including zoning and business license requirements.

South Carolina

Last Wednesday, a CBD medical marijuana bill was introduced. Sen. Tom Davis (R-Beaufort) and six GOP cosponsors filed the bill primarily to help patients who suffer from a severe form of epilepsy. The bill has been referred to the Committee on Medical Affairs.

Utah

Last Friday, a CBD medical marijuana bill advanced on a House committee vote. The House Law Enforcement Committee approved a substitute version of House Bill 105 that would also allow institutions of higher education to petition the state Department of Agriculture to grow industrial hemp for the purposes of research.

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

Medical Marijuana Update

California counties continue to struggle with dispensary and growing rules, Reno's mayor has a change of heart, some Oregon cities may have to change their ways, and more. Let's get to it:

California

Last Friday, a superior court judge threw out Kern County's Measure G, the voter-approved 2012 ordinance limiting where dispensaries can operate in unincorporated areas of the county. Judge Kenneth Twisselman ruled that the ordinance failed to properly consider environmental impacts. But county lawyers said it could clear the way to shut down all dispensaries in the county, so expect more battles to be waged in Kern.

Last Thursday, a petition drive was underway in Shasta County that would put the county's pending ban on outdoor medical marijuana gardens in the voter's hands this November. Organizers need 6,544 valid signatures by February 28. County supervisors last month unanimously voted to ban all outdoor medical marijuana cultivation in the unincorporated parts of Shasta County, and place additional restrictions on in grows. The outdoor ban is set to take effect on February 28 unless the petition proves successful, in which case supervisors could either choose to repeal the ordinance or send it on for voters to decide in the fall.

Guam

Last Thursday, the Guam Election Commission's legal counsel said a medical marijuana bill was "inorganic" and could not be acted on. Senate Bill 215 was amended by its sponsor at the request of other legislators to put the measure to a popular referendum, but the legal counsel said Guam's Organic Act, the law which established democracy in the US territory, does not allow for popular referenda.

Nevada

Last Friday, Reno Mayor Bob Cashdell said he would now push to license dispensaries. That's a change for Cashdell, who was a vocal critic of dispensary legislation when it passed last year. Cashdell said he had a family member who benefited from medical marijuana.

New Hampshire

Last Wednesday, the House balked at advancing a bill that would modify the state's yet-to-begin medical marijuana program. House Bill 1616 would expand the program to include more medical conditions, but also limit the amount of marijuana patients could purchase each month. House leaders said they would study the bill for the rest of this year.

New Mexico

On Tuesday, the state Health Department released a patient survey that showed that state-licensed growers were growing nowhere near enough marijuana to supply registered patient demand. Patients are using about 11,000 pounds a year, but licensed growers are producing only about 2,250. The Health Department is "weighing its options about whether to increase production" and whether to increase the number of producers or the number of plants each can produce, a spokesman said.

Oklahoma

Last Wednesday, hundreds of people showed up at the state capitol for a hearing on medical marijuana. The hearing addressed the use of high CBD cannabis oil as a treatment for epileptic seizures in children, but others rallied outside calling for full legalization.

Oregon

Last Tuesday, the Tigard city council voted to ban dispensaries. But the council may be open to lifting it in the future and regulating dispensaries.

Also last Tuesday, the Grants Pass city council voted to ban dispensaries. Officials pointed to a longstanding business license ordinance that bars licenses for activities that would not comply with city ordinances, or state, or federal law."

On Tuesday, the Sherwood city council voted to temporarily ban dispensaries. The ban is set to last 150 days.

Also on Tuesday, the Oregon Senate passed a bill that would bar localities from banning dispensaries. Senate Bill 1531 would let city and county governments regulate certain aspects of medical marijuana dispensaries such as hours of operation, location and the manner in which medical marijuana is dispensed, but not ban them. The legislature approved statewide dispensary regulation last year, which will go into effect March 3. The Association of Oregon Cities is grumbling and threatening to sue. Stay tuned.

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

Medical Marijuana Update

Lots of action at the state house on medical marijuana this week, plus Arizona eases up on the rules and the Michigan Supreme Court hands down a bellwether decision in favor of patients. Let's get to it:

Arizona

On Monday, state officials proposed easing medical marijuana program rules, including a change that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

California

On Tuesday, Butte County supervisors adopted strict new cultivation rules. By a unanimous vote, supervisors approving measures that would limit grows to 50 square feet on lots up to five acres and 100 square feet on lots between five and 10 acres. Opponents of the new rules have already begun the process of petitioning to get them changes.

On Wednesday, Santa Monica will consider allowing delivery services. The planning commission is set to consider a new recommendation by staff to ban dispensaries and replace this with delivery services. The city has never allowed dispensaries, but supporters had hoped to see a proposal to allow one or two. Instead, they got this.

Florida

Last Thursday, a new poll had 57% support for the state's medical marijuana initiative. The Gravis Marketing poll had only 31% opposed. But when Gravis asked respondents to consider that marijuana remained illegal under federal law, opposition rose to 54%.

Also last Thursday, a CBD medical marijuana bill was filed. Rep. Matt Gaetz (R-Shalimar) filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia

On Monday, a CBD medical marijuana bill got a hearing in the House. After a three-hour committee hearing Monday, state Rep. Allen Peake (R-Macon), the sponsor of the bill, House Bill 885, said it needed significant revisions before it could advance in the House. The hearing included searing testimony from parents of children suffering seizures, but also from physicians who said the use of CBD cannabis oils needed more study. Another hearing is set for Thursday.

Kentucky

Last Wednesday, a CBD medical marijuana bill was filed. State Sen. Julie Denton filed Senate Bill 124, which would allow the limited use of CBD cannabis oil to treat children with seizures.

On Sunday, the Bluegrass poll had support for medical marijuana at 52%.

Maine

Last Thursday, a medical marijuana bill got a hearing. Legislative Document 1674 would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves.

On Tuesday, another medical marijuana bill got a hearing. Legislative Document 1597 would give government officials access to any medical marijuana grow. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad.

Massachusetts

On Tuesday, the Haverhill city council extended a moratorium on dispensaries amid concerns about "misrepresentations" by Healthy Pharms, Inc., which is seeking to open a facility there. The council extended the moratorium to November 18.

Michigan

Last Thursday, the state Supreme Court blocked localities from passing ordinances that violate the state's Medical Marihuana Act. The ruling in Ter Beek v. the City of Wyoming means that cities cannot bar patients from growing their own marijuana.

Nevada

Last Wednesday, the Las Vegas city council directed staff to research plans to allow dispensaries. The move came on a 5-2 vote. The council enacted a six-month dispensary ban last fall and can come back later and vote to allow dispensaries.

Oregon

Last Thursday, the Phoenix city council dropped a motion to pass an emergency dispensary moratorium. Council members said the proposal was "ridiculous" and unnecessary.

On Tuesday, a bill to allow cities to ban dispensaries was amended in the Senate Judiciary Committee. Senate Bill 1531 now only allows cities to regulate them, not ban them.

Washington

Last Friday, bills that would tighten rules on patients advanced in the Senate. Senate Bill 5887 and Senate Bill 6178 each passed 6-1 in the Senate Committee on Commerce and Labor. They would end collective gardens for patients as part of the state's embrace of marijuana legalization.

On Monday, a bill that would reduce the amount of marijuana patients could have advanced in the House. House Bill 2149 passed out of the House Appropriations Committee.

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

Chronicle AM -- February 7, 2014

Marijuana and medical marijuana dominate the drug policy news again today, the Maryland Senate votes to ban Everclear, meth and prescription pills continue to draw legislative attention, and Schapelle Corby will soon be freed from an Indonesian jail, and more. Let's get to it:

Schapelle Corby will soon walk out of an Indonesian jail.
Marijuana Policy

New Mexico Senate Committee Considers Legalization Bill Today. The Senate Rules Committee was expected to consider a marijuana legalization bill today. The bill is Senate Joint Resolution 10, sponsored by Sen. Gerald Ortiz y Pino (D-Albuquerque). It would create a constitutional amendment legalizing marijuana, which, if approved by the legislature, would then have to be approved by voters in a referendum.

Arizona Legalization Bill Introduced.Sen. Ruben Gallego (D-Phoenix) has introduced House Bill 2558, which would allow adults to use, possess, and cultivate small amounts of marijuana, and set up a system to tax and regulate marijuana commerce.

Oregon Bill Would Allow Gun License Despite Marijuana Conviction. Oregon law currently allow people with marijuana possession convictions to obtain a concealed hand gun permit, but a new bill, House Bill 4068 would expand that protection to include people busted in other states, and perhaps, people busted before 1973. The bill got a hearing Wednesday. It is supported by the Oregon State Sheriff's Association, which called it "an issue of fundamental fairness."

Joe Biden Reiterates Obama Administration Marijuana Policy. While the Obama administration thinks cracking down on marijuana is a waste of resources, it doesn't favor legalizing it, either, Vice President Biden told Time magazine Thursday. "I think the idea of focusing significant resources on interdicting or convicting people for smoking marijuana is a waste of our resources," Biden said. "That's different than [legalization.] Our policy for our administration is still not legalization, and that is and continues to be our policy."

Massachusetts Poll Has Slight Majority for Legalization. A new Suffolk University/Boston Herald poll has support for marijuana legalization in the Bay State at 53%, with 37% opposed and 10% undecided.

Medical Marijuana

Michigan High Court Rules for Medical Marijuana. In a bellwether case, the Michigan Supreme Court ruled Thursday that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming. A number of cities had attempted to ban medical marijuana activities, but the ruling says they cannot do that, although they can regulate them.

Maine Medical Marijuana Bills Get Hearings. Medical marijuana bills are getting attention in Augusta. Legislative Document 1674, which would expand prohibitions on the use of pesticides in cultivation to include patients growing for themselves, got a hearing Thursday. Legislative Document 1597, which would give government officials access to any medical marijuana grow, is set for a hearing next Thursday. The industry group Medical Marijuana Caregivers of Maine thinks the latter bill is too broad. Legislative Document 1739 would create additional regulations and is set for a hearing next Tuesday. Click on the title link for more hearing information.

Florida CBD Medical Marijuana Bill Filed. Rep. Matt Gaetz (R-Shalimar) has filed a bill to allow for low-THC, high-CBD strains of marijuana to be used for medical purposes. The bill is House Bill 843.

Georgia CBD Medical Marijuana Bill Gets Hearing Monday. A bill that would allow the use of high-CBD cannabis oil for patients suffering from certain types of seizures will get a hearing Monday. House Bill 885, sponsored by Rep. Allen Peake (R-Macon), will get a hearing at the House Health and Human Services Committee.

Hemp

President Obama Signs Farms Bill With Hemp Amendment. President Obama Friday signed into law the omnibus farm bill, which includes a hemp amendment allowing for research pilot projects in states that have approved them.

Hemp Bill Moving in Washington State. A bill that would authorize Washington State University to study the feasibility and value of a hemp industry in the state is on the move. House Bill 1888 passed out of the House Appropriations Subcommittee on General Government & Information Technology Thursday and now heads for the Ways and Means Committee. The just-passed federal farm bill includes a provision allowing for hemp research in states that have approved it.

Alcohol

Maryland Senate Passes Ban on Everclear. The Maryland Senate this approved a bill that would ban the sale of any alcohol product at or above 190 proof, or 95% ethyl alcohol. The bill is Senate Bill 75, and supporters said the ban would cut down on binge drinking and date rape, but opponents called it a "feel good" move. Similar legislation has twice previously passed the Senate, only to die in the House, but this year it has the backing of Del. Charles Barkley (D-Montgomery), chair of the Economic Matters subcommittee on alcohol, which increases its chances of getting a floor vote.

Prescription Drugs

South Carolina Bill Would Increase Penalties for Pill Trafficking, Set Them By Pill Quantity. A bill backed by Lt. Gov Glenn McConnell (R) and aimed at what he called "a criminal cancer that will affect the health of seniors" would increase penalties for prescription drug trafficking and set penalties based on the number of pills seized -- not the weight of the drugs. Possession of 600 or more prescription pills would garner a mandatory minimum 15-year prison sentence. Senate Bill 1012 would also make having multiple prescriptions for the same drug evidence of possession with intent to distribute.

Methamphetamine

Michigan Bill Would Bar Drug Felons From Buying Pseudoephedrine. A bill that would bar people with felony drug convictions from purchasing products containing pseudoephedrine, a precursor chemical for meth, got a hearing Wednesday in the House Criminal Justice Committee. House Bill 5088 was introduced by Rep. John Kivela (D-Marquette). Two related bills, House Bill 5089 and House Bill 5090 were also discussed. They address "smurfing."

Harm Reduction

Needle Exchange Reform Bill Moving in Maryland. The state Senate Thursday approved a bill to undo a restriction in existing state law that prevents injection drug users from picking up more clean needles at the Baltimore needle exchange than they turn in. The Senate approved Senate Bill 263 by an overwhelming 39-5 vote. The measure now heads to the House.

International

Schapelle Corby Wins Parole in Indonesia. Indonesian authorities announced Friday that Schapelle Corby, an Australian woman whose case made international headlines when she was convicted for smuggling nine pounds of marijuana into Bali in 2005, has been paroled. It's not clear yet when she will actually walk out of prison in Bali. She had been sentenced to 20 years in what many Australians considered a set-up.

Michigan High Court Rules for Medical Marijuana

In a bellwether case, the Michigan Supreme Court has ruled that cities and counties cannot pass ordinances that conflict with the state's five-year-old Medical Marihuana Act. The ruling came in Ter Beek v. the City of Wyoming.

In that case, registered patient James Ter Beek sued the city of Wyoming after it passed a 2010 ordinance designed to block the use of medical marijuana in the city by prohibiting any use, cultivation, or manufacture of the plant.

"The fact is medical marijuana helps people; it's helped me," said Ter Beek, a retired attorney who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain. "I've tried narcotic-based drugs like Vicodin and OxyContin and nothing worked like medical marijuana. I have more freedom than ever before and I couldn't just sit by as our elected officials try to take that away from me and thousands of others."

Ter Beek, represented by the ACLU of Michigan, argued that the ordinance made him fear arrest and prosecution for activities explicitly protected by the medical marijuana law, and that the state law should preempt the local ordinance. The city, on the other hand, argued that its ordinance sought to uphold federal as well as state law, and that the federal Controlled Substances Act preempted the state law.

Ter Beek lost in district court, but won on appeal. Now, the state's highest court has upheld that decision.

Wyoming's ordinance "directly conflicts" with the state's medical marijuana because it allows what the law "expressly prohibits: the imposition of any penalty, including a civil one, on a registered qualifying patient whose medical use of marijuana falls with... the immunity" granted under state law, Justice Bridget McCormack wrote for a unanimous court.

Federal laws prohibiting marijuana do not preempt the state Medical Marihuana Act because it "doesn't interfere with or undermine federal enforcement of that prohibition," McCormack wrote. That doesn't mean people protected under the state law are immune from federal arrest or prosecution, the court was quick to note.

The Supreme Court decision also invalidates similar ordinances in other Michigan cities that attempted to use them to block medical marijuana activities, including Birmingham, Bloomfield Hills, and Livonia. The ACLU of Michigan had challenged ordinances in all three of those cities as well.

Lansing, MI
United States

Chronicle AM -- January 31, 2014

The president makes some delphic comments on marijuana policy, some of his congressional critics get ready to go after him for such comments next week, Dutch cities want legal marijuana growing, the Welsh government funds a harm reduction drug testing program, and more. Let's get to it:

Marijuana Policy

Don't know what's in your drugs? The Welsh government wants to help.
In CNN Interview, Obama Punts on Rescheduling, Hints Support for Decriminalization. In an interview with CNN released today, President Obama said rescheduling marijuana was a job for Congress [Editor's Note: The executive branch can also reschedule it, according to statute] and that he considered the criminalization of personal use his main concern, although he also worried about the impact of commercialization.

House Government Oversight Committee to Hold Hearing on Marijuana Policy Next Week. Rep. John Mica (R-FL), chairman of the committee, said he will hold a hearing next Tuesday to examine what he called the Obama administration's "schizophrenic" position on marijuana laws. "The purpose of the hearing is to try to sort out the increasingly schizophrenic federal policy we have, because the DEA administrator was overhead denouncing what the president said," Mica said Friday. "We have states that are enacting laws -- municipalities that are considering it -- that are in conflict with federal law." There could be more hearings to come after that, he added.

Baltimore Police Commissioner No Fan of Legalization. Baltimore Police Commissioner Anthony Batts in a radio interview on Thursday evening expressed doubt that marijuana should be legalized. "We already have a city with a high addiction -- what would that do to the city of Baltimore?" Batts said. He also linked marijuana to homicides in the city, although the killings he described were a function of black market drug sales. "When you're calling your weed dealer or drug dealer, and you show up with money and you get robbed and it turns into a shooting, that's what we're seeing."

Medical Marijuana

Massachusetts Names Recipients of Medical Marijuana Dispensary Licenses. The Department of Public Health Friday announced the names of the first 20 dispensary applicants who will be awarded licenses to to open dispensaries. An additional 15 will be forthcoming.

Drug Testing

Judge Reinstates Delaware Valley (PA) School District Drug Testing Program. A Pike County district judge has lifted a temporary injunction barring random, suspicionless drug testing for students who drive to school or participate in extracurricular activities. The parents of a 12-year-old female student who faced drug testing if she wanted to join the scrapbooking club and the ACLU had challenged the program in 2011 and won the injunction, but Judge Joseph Kameen ruled earlier this month that the policy was constitutional under state law. It is unclear if the ACLU of Pennsylvania is done with this case.

Harm Reduction

Opioid Overdose Prevention Bill Introduced in New York. State Sens. Kemp Hannon (R-Nassau) and Jeffrey Dinowitz (D-Bronx) this week filed a bill, Senate Bill 6744/Assembly Bill 8637, that would help prevent accidental opioid overdoses by expanding access to the opioid antidote naloxone. The legislation would dramatically increase the accessibility of the life-saving reversal tool by allowing authorized health care professionals to issue standing orders, or non-patient specific prescriptions, to certified training programs that would in turn train individuals on the signs of overdose and provide them with the naloxone kits. By expanding naloxone distribution, this legislation will help reduce the number of preventable deaths resulting from accidental drug overdoses.

International

Welsh Government Funds Program to Test Drugs for Public. Public Health Wales has set up the Wedinos Project (Welsh Emerging Drugs and Identification of Novel Substances Project) to identify what drugs are in circulation there and use that information for harm reduction purposes. Samples are sent to the Wedinos laboratory in Cardiff anonymously and the test results posted online, identified by a reference number. The service is open to the public. "It's essential intelligence for our health workers, for our substance misuse workers, for the police, for young people and their families. By providing timely and accurate information this service can save lives," explained Welsh Health Minister Mark Drakeford. This is the first government-funded program of its type in the United Kingdom.

Dutch Cities Call for Legal Marijuana Cultivation; Government Says No. Eight of the Netherlands' 10 largest cities, including Amsterdam and Rotterdam, signed a joint manifesto Friday calling for the creation of "a national system of certified and regulated cannabis cultivation." Another 25 municipal councils also signed on. While the Netherlands allows for the sale of marijuana through its famous cannabis coffee shops, growing marijuana remains illegal. "We want cannabis cultivation to be regulated so the national market is manageable and more transparent, and to decrease the influence of organized crime," said the manifesto. Justice Minister Ivo Opstelten rejected the proposals: "I really don't think this is the solution," the Liberal minister told Dutch public television. "Mayors just have to learn to live with it," he said.

Marijuana Growing Courses Underway in Uruguay. Uruguay's National Cannabis Federation has launched special training courses on cultivation of the popular plant, local media reported. Some 50 would-be growers are currently enrolled.

Drug War Issues

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

StopTheDrugWar Video Archive