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Chronicle AM: MA MJ Shop Delay Protested, Prison Population Still Dropping, More... (12/30/16)

Massachusetts marijuana shops get delayed by six months, Nevada personal legalization goes into effect next week, the national prison population continues a slow decline, and more.

Hemp is on the move in America. (Vote Hemp)
Marijuana Policy

Amid Protests, MA Governor Signs Law Pushing Back Legalization Implementation. Gov. Charlie Baker (R) Friday signed into law a bill delaying the opening of retail marijuana shops for six months, from January 2018 to July 2018. He did so as demonstrators gathered at the capitol to protest the measure, which was hot-rodded through the legislature by a mere handful of solons on Wednesday. The delay "not only flies in the face of the will of the voters who voted for the January 2018 deadline, it shows contempt for the legislature itself, having been passed, not after three readings to the full House and Senate, but in the course of less than an hour by just two senators and five representatives," said the Massachusetts Cannabis Reform Coalition, which organized the protest.

Nevada Legalization Goes Into Effect Next Week. Voters approved the Question 2 marijuana legalization initiative in November and will begin to enjoy the fruits of their victory on January 1, when the new law goes into effect. It will allow people 21 and over to possess up to an ounce of weed or an eighth-ounce of cannabis concentrates. But retail sales won't go into effect until the state sets up a regulatory structure. The state has until January 2018 to get it done.

Industrial Hemp

Vote Hemp Issues Year-End Report: Four More Hemp States. The industry lobbying and educational group points to hemp victories in Alabama, Florida, Pennsylvania, and Rhode Island this year, as well as hemp-related bills passing in some other states that have already approved industrial hemp production. In all, hemp bills were introduced in 29 states in 2016.

Sentencing

Nation's Prison Population Now at 13-Year Low. Driven largely by a drop in the federal prison population, the country's overall prison and jail population dropped 2% in 2015, pushing it down to levels not seen in more than a decade, the Bureau of Justice Statistics reported Thursday. The decline continues a downward trend that began in 2009. A 7% decline in federal prisoners accounting for 40% of the overall decrease, but states including California and Texas also saw significant prisoner population reductions.

Activist and Author Tony Papa Wins a Pardon. The Drug Policy Alliance's Tony Papa was granted a pardon by New York Gov. Andrew Cuomo Friday. Papa served 12 years of a 15-to-life sentence for drug trafficking before he was granted clemencyby then Gov. George Pataki (R) in 1997. Since then, he has authored two books, pursued a career as an artist, and been a devoted drug reform activist.

International

Poll: British Columbia Voters Ready to Legalize Hard Drugs to Fight Opioid Crisis. A new survey of provincial attitudes toward drugs and addiction finds that nearly two-thirds of residents are open to considering hard drug legalization in the context of the province's ongoing opioid crisis. Some 63% said they were either completely willing to consider legalization or open to considering it with more information, while only 20% flat-out rejected it. Another 17% said they were not willing now, but might change their minds with new information.

The Top Ten Domestic Drug Policy Stories of 2016 [FEATURE]

As 2016 comes to a tumultuous end, we look back on the year in drugs and drug policy. It's definitely a mixed bag, with some major victories for drug reform, especially marijuana legalization, but also some major challenges, especially around heroin and prescription opioids, and the threat of things taking a turn for the worse next year. Here are the ten biggest domestic drug policy stories of the year. (Check back for a top ten international drug policy stories soon.)

1. Marijuana Legalization Wins Big

Legalization initiatives won in California, Maine, Massachusetts, and Nevada, losing only in Arizona. These weren't the first states to do so -- Colorado and Washington led the way in 2012, with Alaska, Oregon, and Washington, DC, following in 2014 -- but in one fell swoop, states with a combined population of nearly 50 million people just freed the weed. Add in the earlier states, and we're now talking about around 67 million people, or more than one-fifth of the national population.

The question is where does marijuana win next? We won't see state legalization initiatives until 2018, (and conventional wisdom may suggest waiting for the higher-turnout 2020 presidential election year), and most of the low-hanging fruit in terms of initiative states has been harvested, but activists in Michigan came this close to qualifying for the ballot this year and are raring to go again. In the meantime, there are the state legislatures. When AlterNet looked into the crystal ball a few weeks ago, the best bets looked like Connecticut, Maryland, New Mexico, Rhode Island, and Vermont.

2. Medical Marijuana Wins Big

Medical marijuana is even more popular than legal marijuana, and it went four-for-four at the ballot box in November, adding Arkansas, Florida, Montana, North Dakota to the list of full-blown medical marijuana states. That makes 28 states -- more than half the country -- that allow for medical marijuana, along with another dozen or so red states that have passed limited CBD-only medical marijuana laws as a sop to public opinion.

It's worth noting that Montana is a special case. Voters there approved medical marijuana in 2004, only to see a Republican-dominated state legislature gut the program in 2011. The initiative approved by voters this year reinstates that program, and shuttered dispensaries are now set to reopen.

The increasing acceptance of medical marijuana is going to make it that much harder for the DEA or the Trump administration to balk at reclassifying marijuana away from Schedule I, which is supposedly reserved for dangerous substances with no medical uses. It may also, along with the growing number of legal pot states, provide the necessary impetus to changing federal banking laws to allow pot businesses to behave like normal businesses.

Drug reformers are nervous about the future. (Gage Skidmore/Creative Commons)
3. The Republicans Take Control in Washington

The Trump victory and Republican control of both houses of Congress has profound drug policy implications, for everything from legal marijuana to funding for needle exchange programs to sentencing policy to the border and foreign policy and beyond. Early Trump cabinet picks, such as Alabama Sen. Jeff Sessions (R) to lead the Justice Department, are ominous for progressive drug reform, but as with many other policy spheres, what Trump will actually do is a big unknown. It's probably safe to say that any harm reduction programs requiring federal funding or approval are in danger, that any further sentencing reforms are going to be in for a tough slog, and that any federal spending for mental health and substance abuse treatment will face an uphill battle. But the cops will probably get more money.

The really big question mark is around marijuana policy. Trump has signaled he's okay with letting the states experiment, but Sen. Sessions is one of the most retrograde of drug warriors in Washington. Time will tell, but in the meantime, the marijuana industry is on tenterhooks and respect for the will of voters in pot legal states and even medical marijuana states is an open question.

4. The Opioid Epidemic Continues

Just as this year comes to an end, the CDC announced that opioid overdose deaths last year had topped 33,000, and with 12,000 heroin overdoses, junk had overtaken gunplay as a cause of death. There's little sign that things have gotten any better this year.

The crisis has provoked numerous responses, at both the state and the federal levels, some good, but some not. Just this month, Congress approved a billion dollars in opioid treatment and prevention programs, and the overdose epidemic has prompted the loosening of access to the opioid overdose reversal drug naloxone and prodded ongoing efforts to embrace more harm reduction approaches, such as supervised injection sites.

On the other hand, prosecutors in states across the country have taken to charging the people who sell opioids (prescription or otherwise) to people who overdose and die with murder, more intrusive and privacy-invading prescription monitoring programs have been established, and the tightening of the screws on opioid prescriptions is leaving some chronic pain sufferers in the lurch and leading others to seek out opioids on the black market.

5. Obama Commutes More Than a Thousand Drug War Sentences

In a bid to undo some of the most egregious excesses of the drug war, President Obama has now cut the sentences of and freed more than a thousand people sentenced under the harsh laws of the 1980s, particularly the racially-biased crack cocaine laws, who have already served more time than they would have if sentenced under current laws passed during the Obama administration. He has commuted more sentences in a single year than any president in history, and he has commuted more sentences than the last 11 presidents combined.

The commutations come under a program announced by then-Attorney General Eric Holder, who encouraged drug war prisoners to apply for them. The bad news is that the clock is likely to run out before Obama has a chance to deal with thousands of pending applications backlogged in the Office of the Pardons Attorney. The good news is that he still has six weeks to issue more commutations and free more drug war prisoners.

6. The DEA Gets a Wake-Up Call When It Tries to Ban Kratom

Derived from a Southeast Asian tree, kratom has become popular as an unregulated alternative to opioids for relaxation and pain relief, not to mention withdrawing from opioids. It has very low overdose potential compared to other opioids and has become a go-to drug for hundreds of thousands or perhaps millions of people.

Perturbed by its rising popularity, the DEA moved in late summer to use its emergency scheduling powers to ban kratom, but was hit with an unprecedented buzz saw of opposition from kratom users, scientists, researchers, and even Republican senators like Orrin Hatch (R-UT), who authored and encouraged his colleagues to sign a letter to the DEA asking the agency to postpone its planned scheduling.

The DEA backed off -- but didn't back down -- in October, announcing that it was shelving its ban plan for now and instead opening a period of public comment. That period ended on December 1, but before it did, the agency was inundated with submissions from people opposing the ban. Now, the DEA will factor in that input, as well as formal input from the Food and Drug Administration before making its decision.

The battle around kratom isn't over, and the DEA could still ban it in the end, but the whole episode demonstrates how much the ground has shifted under the agency. DEA doesn't just get its way anymore.

7. Federal Funds for Needle Exchanges Flow Again

It actually happened late in 2015, but the impact was felt this year. In December 2015, Congress approved an omnibus budget bill that removed the ban on federal funding of needle exchanges. The ban had been in place for 20 years, except for a two-year stretch between 2009 and 2011, when Democrats controlled the House.

Federal funding for needle exchanges is another drug policy response that could be endangered by Republican control of both the Congress and the presidency.

Vancouver's safe injection site. Is one coming to a city near you? (vch.ca)
8. The Slow Turn Towards Safe Injection Sites Accelerates

When will the US join the ranks of nations that embrace the harm reduction tactic of supervised drug consumption sites? Maybe sooner than you think. Moves are underway in at least three major US cities to get such facilities open, a need made all the more urgent by the nation's ongoing opioid crisis, as the Drug Policy Alliance noted in a December report calling for a number of interventions, including safe injection sites, to address it.

In New York City, the city council has approved a $100,000 study into the feasibility of safe injection sites, while in San Francisco, city public health officials have endorsed a call for them there and have even suggested they need as many as a half dozen. But San Francisco Mayor Ed Lee opposes them, so battle lines are being drawn.

The best bet may be Seattle, where city and surrounding King County officials are on board with a plan to open safe injection sites to fight heroin and prescription opioid abuse. That plan, conceived by the Heroin and Prescription Opiate Addiction Task Force, was released in September.

9. Asset Forfeiture Reform Advances

Nearly 20 years after Congress passed limited federal civil asset forfeiture reform, the practice is now under sustained assault in the states. More than a half-dozen states had passed civil asset forfeiture reforms before the year began, and this year the following states came on board (although some of the new laws did not end, but only modified or restricted civil asset forfeiture): California, Florida, Mississippi, Nebraska, Ohio, Oklahoma, Tennessee, and Wyoming.

And next year looks to be more of the same. Bills have already been filed in Missouri and Texas, and renewed efforts are likely in New Hampshire and Wisconsin, where they were thwarted this year.

10. The DEA is Busting Fewer People

The Transactional Records Access Clearinghouse (TRAC) reported in December that convictions for drug cases referred by the DEA continued a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Chronicle AM: Joe Manchin Wants New Drug War, AZ&MI Appeals Courts Rule for MedMJ, More... (12/21/16)

West Virginia Senator Joe Manchin (D) calls for a new war on drugs and gets roundly ridiculed for it, appeals courts in Arizona and Michigan issue favorable medical marijuana rulings, a Missouri bill would end the asset forfeiture loophole that lets state police circumvent tough state laws by going to the feds, and more.

Medical marijuana saw court victories in Arizona and Michigan this week. (Creative Commons/Wikimedia)
Marijuana Policy

California Bill Would Ban Bud Billboards. Over the past year, billboards advertising marijuana products and businesses have popped up all over the state, but now, some lawmakers want to impose strict limits on marijuana advertising. Assemblyman Rob Bonta (D-Oakland) is one of the sponsors of Assembly Bill 64, which would bar ads that could be seen by minors "We have legal adult use and medical use, and we want to make sure that advertising hits the target audience as much as possible and doesn't slip beyond that," Bonta said. "We want to target adults and patients and not the broader audience that includes kids and carpools and school buses and families." The bill would require a two-thirds majority to pass because it would amend Proposition 64.

Medical Marijuana

Arizona Appeals Court Rules Local Officials Can't Use Fed Law to Hassle Dispensaries. In a unanimous decision, the state Court of Appeals ruled Tuesday that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas Regulators Set Number of Commercial Grows at Five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Michigan Appeals Court Rules Medical Marijuana Law Protects People Transporting It. The state Court of Appeals ruled Tuesday that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Heroin and Prescription Opioids

West Virginia Democratic Senator Calls for "War on Drugs" to Fight Opioid Crisis. Sen. Joe Manchin (D-WV) said Tuesday a new "war on drugs" in necessary to combat rampant opioid use, sparking immediate ridicule on Twitter and other social media. "We need to declare a war on drugs," Manchin said on CNN when asked what President-elect Donald Trump should do about the opioid situation. Manchin added that he has met addicts who started out smoking marijuana but ended up taking prescription drugs and then moving on to heroin. "It's just been unbelievable," he said. But it was Manchin's resort to last-century tropes that the Internet found unbelievable. Taking on his call for a new drug war, one Twitter user responded, "If only someone would have thought to do that, say, 30 or 40 years ago. Genius!!"

Asset Forfeiture

Missouri Asset Forfeiture Reform Bill Filed. State Rep. Shamed Dogan (R-St. Louis) has pre-filed House Bill 231, which would close a loophole that allowed state and local police to circumvent tough state asset forfeiture laws by turning cases over to the feds. The bill would prohibit such behavior unless the amount involved was more than $100,000 cash.

Chronicle AM: Obama Commutes More Sentences, ME Pot Opponents Give Up on Recount, More... (12/19/16)

President Obama has just commuted the sentences of another 153 drug offenders, Maine legalization foes concede their recount isn't going anywhere, Marc Emery's Montreal pot shops get raided in a hurry, and more.

Obama meets with prisoners at the El Reno, Oklahoma, federal detention facility. (whitehouse.gov)
Marijuana Policy

Guam Governor Calls for Marijuana Legalization. Guamanian Gov. Eddie Calvo (R) says it's time to legalize it. "I want us to look at how states navigated into recreational marijuana," Calvo, a Republican, said in a Facebook post on Monday. "Let's figure it out and then tax the heck out of it and use those taxes to help fund our hospital, public safety and education." The comments come just days after Calvo vetoed a bill that would have allowed medical marijuana patients to grow their own, saying it would "impose new and different duties upon our health and law enforcement agencies that will deplete their already strained resources."

Maine Legalization Opponents Give Up on Recount. The anti-legalization group that challenged the narrow victory of Question 1 in last month's elections has given up the ghost. No on 1 said Saturday it was apparent that the recount would not change the outcome. "We promised folks that if we came to a point where we could not see any chance of reversing the result, we would not drag the process out,"said Newell Augur, legal counsel for the No on 1 campaign. "We are satisfied that the count and the result are accurate." Now, the election result can be certified by the secretary of state, and legalization should go into effect sometime next month.

Medical Marijuana

Imprisoned California Dispensary Operators Seek Presidential Commutation. Luke Scarmazzo and Ricardo Montes operated a medical marijuana dispensary in Modesto, California, until their arrest by federal drug agents 10 years ago. They were prosecuted and convicted of federal drug crimes for their efforts and sentenced to 21 years 10 months and 20 years, respectively. Now, they are formally seeking sentence commutations from President Obama, who has cut the sentences of more than a thousand other federal drug prisoners so far this year. The pair point out that they would not have been prosecuted under current federal policies largely turning a blind eye to marijuana in states where it is legal, whether recreationally or merely for medical purposes.

Pardons and Commutations

Obama Issues Another Round of Sentence Commutations. The White House announced Monday that President Obama has commuted the sentences of another 153 federal prisoners, bringing the total this year to more than 1,100. A list of the prisoners and their offenses is not yet available, but Obama's earlier commutations had been directed almost entirely at people serving draconian drug sentences.

International

Marc Emery's Montreal Pot Shops Raided One Day After Opening. Long-time Canadian pot gadfly Emery and nine others were arrested after a series of raids Friday on his chain of Cannabis Culture pot shops. While Canada is moving to legalize marijuana, it hasn't done so yet, and authorities are working to keep the lid on the bubbling industry. Emery slammed Montreal Mayor Denis Coderre for the raids. "The mayor's behavior is despicable," he said. "If the mayor of Montreal wants to keep his city backward, behind and full of oppression, then that is the statement he just made to the world." As conditions of his bond, Emery cannot consume marijuana, communicate with anyone involved in the Cannabis Culture shops, or be in the province of Quebec except to show up for court dates.

China Denies Being Source of New Synthetic Drugs. Chinese officials have called assertions that China is the source of synthetic opioids linked to the deaths of thousands of drug users "unsubstantiated." Such statements "lack the support of sufficient numbers of actual, confirmed cases," China's National Narcotics Control Commission told DEA's Beijing office in a fax dated Friday. The DEA has said that China is the predominant source of fentanyl, the synthetic opioid many times more powerful than heroin, which has been implicated in thousands of drug overdose deaths.

Chronicle AM: Marijuana Legal in MA, DEA Says Even Low-THC CBD Still Illegal, More... (12/15/16)

New England marijuana policy is in flux, as Massachusetts legalizes it, Connecticut's governor disses it, and a key New Hampshire politician says "let's do it," the DEA clarifies that CBD cannabis oils are still illegal under federal law, and more.

Marijuana Policy

Connecticut Governor Doesn't Want to Legalize It. Stopping just short of saying he would veto a legalization bill, Gov. Dannel Malloy (D) said Thursday the legislature shouldn't waste its time on considering the issue. "First of all, I think it's a mistake what Massachusetts has done and other states have done,'' Malloy told reporters in Hartford. "I think we should hit the pause button and watch how it works in the region... I think it's a mistake.''

Massachusetts Legalization Now in Effect. State officials have certified the results of the November 8 election, and that means Bay State residents can now legally possess up to an ounce of pot in public and 10 ounces at home, and they can start growing up to six pot plants per person, with a limit of 12 per house. Marijuana retail and related businesses will not be licensed, though, until January 2018 -- if there are no delays.

New Hampshire Democratic Leader Says It's Time to Create a Path to Legalization. State Sen. Jeff Woodburn (D-Dalton), the Senate Minority Leader, said Wednesday he plans to file a marijuana legalization bill. "I think it's important New Hampshire recognize what's going on around us, but also listen to what the people are asking for. It's important -- I'm a civics teacher by background -- that we have a legitimate government. That means the people have been asking in overwhelming surveys that they support marijuana being legalized and it's important that our elected officials listen to and respond to their desires," he said. New Hampshire is the only New England state that has not even decriminalized possession.

Medical Marijuana

DEA Clarifies That, Yes, It Still Considers CBD to Be Illegal. The DEA Wednesday added a new code for marijuana extracts, including low-THC CBD cannabis oils, in the Federal Register. The code defines marijuana extracts as "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant." That means that marijuana extracts, even those derived from low-THC industrial hemp, are considered marijuana and are placed under Schedule I of the Controlled Substances Act.

Maine Governor Says State Should "Get Rid Of" Medical Marijuana After Legalization. Tea Party Republican Gov. Paul LePage called for an end to the state's medical marijuana program Thursday. "If you've got recreational marijuana, it's over the counter," he said. "Why do we need medical marijuana?" But initiative backers said the intent of the legalization initiative was to respect medical marijuana and have "dual programs running side by side."

Tennessee Republicans Roll Out Medical Marijuana Bill. State Sen. Steve Dickerson (R-Nashville) and state Rep. Jeremy Faison (R-Cosby) held a press conference Wednesday to introduce their "conservative proposal" to allow for the use of medical marijuana. Their draft bill would set a limit of 50 grow houses statewide, with each allowed to operate one on-site and two storefront dispensaries. It appears to make no provision for patient or caregiver grows. And it limits medical marijuana eligibility to a small list of specified conditions, including cancer, HIV/AIDS, ALS, PTSD, and Alzheimer's.

Chronicle AM: Petition to Make DEA Stop Lying, New DEA National Threat Assessment, More... (12/6/16)

Medical marijuana advocates want the DEA to quit fibbing about weed, Massachusetts pols say they may delay implementation of legal pot commerce, a medical marijuana bill gets filed in Texas, and more.

DEA marijuana prosecutions are trending down. (dea.gov)
Marijuana Policy

California Roadside Drug Testing Bill Filed. After being defeated last session over concerns that field drug testing devices are not reliable, Assemblyman Tom Lackey (R-Palmdale) is back with a new roadside drug testing bill for the next session, Assembly Bill 6. Lackey says it's all about pot: "The ballot initiative passed this year to legalize marijuana will result in more marijuana consumers on our state's highways and roads," Lackey said in a statement. "It is imperative that we invest in a broad spectrum of technologies and research to best identify marijuana-impaired drivers."

Massachusetts Senate President Says Legal Marijuana Commerce Could Be Delayed. The successful Question 4 marijuana legalization initiative means pot possession, use, and home cultivation is legal as of December 15 and authorizes stores to start selling it in January 2018, but now, key legislators are saying that might not happen on time. Senate President Stan Rosenberg (D) said Monday there is "a strong feeling that we ought to be looking at the later dates, rather than the earlier dates."

Medical Marijuana

ASA Files Petition With DOJ to Make DEA Stop Lying About Marijuana. Americans for Safe Access (ASA) Monday filed a petition under the Information Quality Act with the Justice Department "demanding that the Drug Enforcement Administration (DEA) immediately update misinformation about cannabis." Under the Information Quality Act, federal administrative agencies are required to ensure that the information they disseminate is accurate and objective. ASA says the DEA has violated the act at least 25 times.

Texas Lawmaker Files Medical Marijuana Bill. State Sen. Jose Menendez (D-San Antonio) Tuesday filed a bill to allow for the use of medical marijuana in the Lonestar State. The bill lists qualifying conditions and would allow for private dispensaries, but would not set amount limits. Menendez said that should be left between the doctor and the patient. The bill is not yet available on the state legislative website.

Law Enforcement

DEA Releases 2016 Drug Threat Assessment. The DEA has released its 2016 National Drug Threat Assessment, which emphasizes issues around the use of prescription opioids and heroin and warns about rising opioid overdose rates. The assessment also notes that DEA marijuana prosecutions are declining, but that more of the cases that are prosecuted are domestic, as opposed to Mexican marijuana imports. The assessment also reports declines in Mexican marijuana seizures in every border district but one.

Chronicle AM: Seattle Safe Injection Site "Die-In," ME MJ Init Vote Recount, More... (12/5/16)

Foes challenging the narrow legalization victory in Maine got their recount going today, patients take to the courts in Arizona and to the streets in Michigan, Seattle health care professionals do a die-in for safe injection sites, Ireland takes another step toward medical marijuana, and more.

Vancouver's safe injection site. Doctors and nurses in Seattle are agitating for something similar there. (vcha.ca)
Marijuana Policy

Maine Legalization Initiative Recount Begins. The Question 1 initiative legalizing marijuana won by less than 1% of the popular vote, garnering 381,692 votes to the opposition's 377,619 votes, a difference of 4,073 votes. Citing the narrow margin of victory, foes called a recount, and it began Monday. The recount could take up to a month, delaying putting legalization into effect until it is completed.

Medical Marijuana

Pair of Arizona Patients Sue Over Fees. Attorneys for patients Yolanda Daniels and Lisa Becker filed suit last Friday to force a reduction in the annual fee for registration cards that patients are legally required to obtain. The state health department is charging $150 a year, even though it has nearly $11.5 million in its medical marijuana account. "In a time when medication is more expensive than ever, the state should be helping to make it cheaper for Arizonans," the patients' attorney argued. "The state is deliberately squatting on the excess fund instead of refunding it to patients or using it in furtherance of the Arizona Medical Marijuana Act, such as to help patients."

Michigan Protestors Denounce Kent County Dispensary Raids. A couple of dozen people gathered outside the Plainfield Township Hall last Friday to protest a series of raids last Monday that shuttered three dispensaries in Plainfield. Demonstrators said they have nowhere to go to get their medicine, but Plainfield officials countered that dispensaries had been banned there since 2011.

Harm Reduction

Seattle Nurses, Doctors Do Die-In at City Hall in Protest Calling for Safe Injection Sites. As Seattle officials ponder whether to move toward allowing a safe injection site, doctors and nurses are turning up the heat. Last Friday, more than 30 members of Health Care Workers for Supervised Consumption Spaces held a die-in at City Hall to imitate the corpses that will be created if safe injection sites aren't allowed. City officials have been generally sympathetic to the idea, and a Seattle/King County opioid task force recommended the move in September.

International

British Town to Allow Drug Testing at Clubs. In a harm reduction first for the United Kingdom, a town in Lancashire will be the first in the country to offer testing of drug samples provided by club-goers at night clubs. The tests will examine samples of cocaine and MDMA to test the strength and purity of the drugs in a bid to reduce deaths related to "adulterated or highly potent" drugs. The National Police Chief's Council reportedly said the scheme could be useful but was still not yet endorsed on a national basis.

Ireland Takes Another Step Toward Medical Marijuana. The Dáil Éireann, the lower house of parliament, last Thursday approved an amendment allowing for the medicinal use of marijuana. But the measure still has to undergo another round of approval before it becomes law.

Poll: More Irish Support Marijuana Legalization Than Not. As the parliament ponders medical marijuana, a new poll finds that more Irish than not support full-blown legalization. A poll asking "Should cannabis be legalized for recreational use?" had 48% saying yes, 41% saying no, and 11% undecided.

Chronicle AM: Calls for Obama to Cut More Sentences, Iran Drug Death Penalty Moves, More... (11/29/16)

Scholars, advocates, and a US congressman are calling on Obama to ramp up the commutation process in the final weeks of his term, the CDC issues a report calling for expanded syringe exchange, Maryland moves to address racial diversity (or the lack thereof) in the medical marijuana business, and more.

There are new calls for Obama to ramp up the commutation process as the clock ticks down on his term. (nadcp.org)
Marijuana Policy

Massachusetts Marijuana Victory Faces Certification Delay. Secretary of State William Galvin said Monday that the November 8 election results may not be certified in time for marijuana legalization to go into effect on December 15, that date it is supposed to become legal. Ballot initiatives in the state do not become law until they are officially certified, and a December 14 meeting is the earliest date voting tallies on the initiative are likely to presented, Galvin said. But if not by December 15, certainly by early next year, he added: "All those tokers can hold their breath a little longer, but they'll be able to exhale" by early 2017, Galvin quipped.

Medical Marijuana

Maryland Moving to Improve Diversity in Medical Marijuana Industry. The state Cannabis Commission announced Monday that it is hiring a consultant to advise it on steps it can take to improve racial diversity in the nascent industry. The consultant will decide whether a study can be conducted to determine whether minorities have been unfairly excluded. If such a finding is made, that would allow the state to consider race when awarding medical marijuana licenses.

Harm Reduction

Groundbreaking Report from CDC Calls for Expansion of Syringe Access Programs. In a report on HIV and injection drug use released Tuesday, the Centers for Disease Control and Prevention (CDC) calls strongly for expanding needle exchange programs. "Syringe services programs (SSPs) can play a role in preventing HIV and other health problems among people who inject drugs (PWID)," the report found. "They provide access to sterile syringes and should also provide comprehensive services such as help with stopping substance misuse; testing and linkage to treatment for HIV, hepatitis B, and hepatitis C; education on what to do for an overdose; and other prevention services. State and local health departments can work with their lawmakers and law enforcement to make SSPs more available to PWID."

Sentencing

Calls Mount For Obama to Ramp Up Commutations as Term Nears End. A coalition of scholars and activists as well as a US congressman are calling on President Obama to expand clemency efforts in the final weeks of his administration -- including considering granting clemency to entire groups of people without case-by-case review. Obama has commuted the sentences of more than a thousand people sentenced under draconian drug war sentencing laws, but thousands more have applied for commutations without those applications yet being acted on.

International

Iran Keeps Moving Toward Ending the Death Penalty for Drugs. The Iranian parliament last week agreed to expedite deliberations on a measure that would dramatically limit the number of people facing execution for drug offenses in the Islamic Republic. Now, the proposal will get top priority in the Legal and Social Affairs Committee before heading before the full parliament. The measure would limit the death penalty to "organized drug lords," "armed trafficking," "repeat offenders," and "bulk drug distributors." Iran is one of the world's leading drug executioners, with drug offenders accounting for the vast majority of the more than a thousand people it executed last year.

Chronicle AM: CA Legalization Results Begin, Anti-Sessions Protests Underway, More... (11/28/16)

Some California pot shops open their doors to all adults, some California defendants are starting to walk free, DC-based activists turn their ire on Trump attorney general nominee Jeff Sessions, Oklahoma (!) defelonizes drug possession, and more.

Trump's attorney general pick, Jeff Sessions, is the target of protests over his anti-marijuana positions. (senate.gov)
Marijuana Policy

DC-Based Marijuana Activists Hold First of Five Anti-Sessions Protests. Activists led by DCMJ, the folks behind the District's 2014 legalization initiative, Monday held the first of five protests planned in response to the nomination of Sen. Jeff Sessions (R-AL) to be attorney general in the incoming Trump administration. The "Smoke Sessions" protesters are demanding that "Senator Sessions evolve" on his anti-marijuana positions and that President-elect Trump makes "a clear and unequivocal statement that he supports the full legalization of cannabis in every state." It would be best if Trump came up with another nominee, said event organizer Adam Eidinger. "We’re saying, we don't want this guy, and if he is going to be the guy he's got to clarify his positions," Eidinger said. "But really, we don't want him. This is just an unacceptable pick."

Supreme Court Rejects Church's Appeal Over Marijuana Laws. The US Supreme Court has refused to hear an appeal from a Hawaii Native American church that sought an religious freedom exemption from federal marijuana laws. The Oklevueha Native American Church of Hawaii filed a Religious Freedom Restoration Act lawsuit in 2009, but lost in both trial court and on appeal. Now, it's lost again.

Some California Pot Shops Are Already Selling to Everyone. You don't need a medical marijuana card to buy pot in at least a handful of California dispensaries, even though adult non-medical pot sales won't be legal until 2018. At least three dispensaries are reportedly selling weed to all adult comers, including Mr. Nice Guy in downtown Los Angeles. "21 years and older may enter with no doctor's recommendation," the dispensary posted to its Weedmaps page. "However, those 21 and under are still required to have a rec."

California Marijuana Defendants Are Starting to Walk Free. California judges are now setting free scores of people whose pending cases are no longer cases at all since the passage of Prop 64 legalizing marijuana. Thousands more in jail or prison, or on probation or parole, are beginning to petition to reduce their sentences. And potentially tens of thousands of citizens with a rap sheet for pot can clear their names. Before November 8, illegally growing a single pot plant was a felony; now, it's no longer a crime. A dozen or so other marijuana offenses have either been deleted or downgraded as well.

Law Enforcement

Portland, Oregon, Prosecutors Now Require Field Drug Test Verification Before Accepting Guilty Pleas. In response to the Pro Publica investigative series "Busted," which detailed how people across the country are being jailed and accepting plea bargains for drug possession over faulty field drug tests that have been shown to regularly return false positive results, prosecutors in Portland say they will no longer accept guilty pleas for drug possession unless the field test results are confirmed by a lab test.

Oklahoma Quietly Passed Drug Defelonization on Election Day. Voters in the Sooner State passed a pair of measure on Election Day that reclassify drug possession offenses as misdemeanors instead of felonies. State Question 780 also defelonized some other crime, mainly property crimes. State Question 781 allows counties to use the money saved from not imprisoning drug offenders to fund community rehabilitation services. State Question 780 passed with 57% of the vote; so did Question 781.

International

Australia Greens Embrace Drug Decriminalization. This past weekend, the Australian Greens abandoned their blanket opposition to drug legalization and instead a embraced the principle that the legal approach to drugs should be based on evidence about their harms. Saying that the law and order approach to drugs has failed, the Greens now call for drug decriminalization.

Chronicle AM: More Obama Commutations, FL Face-Biting Killer Wasn't on Synthetics, More... (11/23/16)

The president continues to exercise his commutation power on behalf of drug war prisoners, the Florida face-biting killer was not on any new psychoactive substances, Montana activists want their medical marijuana program to restart now, not later, and more.

Obama meets with prisoners at the El Reno, Oklahoma, federal detention facility. (whitehouse.gov)
Medical Marijuana

Montana Activists File Suit to Force Early Action on Patient Cards. In the wake of last week's vote to reinstate the state's medical marijuana program, the Montana Cannabis Industry Association has filed a lawsuit seeking to force the Department of Health and Human Services to immediately begin processing and issuing medical marijuana cards. The language of the ballot measure means the state has until next summer to act, but the MCIA doesn't want to dally.

New Psychoactive Substances

Florida Face-Biting Killer Wasn't on Bath Salts, Flakka. Austin Harrouff, the Florida man charged in the face-biting slaying of a neighbor couple was not under the influence of new psychoactive substances, an autopsy report released Wednesday revealed. Early press and law enforcement commentary had suggested Harrouff was high on bath salts (methcathinone) or flakka (alpha-PVP), but the autopsy revealed only prescription medications and a "minimal" amount of THC in his system. "Austin is struggling with severe mental illness and the judicial process will bear all of this out in due time," his attorney, Nellie King said.

Sentencing

Obama Announces More Commutations, Total Now Over a Thousand. President Obama Wednesday announced that he was commuting the sentences of 79 more drug offenders sentenced under draconian drug laws dating back to the 1980s. That brings the total of commutations under Obama to more than one thousand, which is more than the list 11 presidents combined. Thousands more commutations requests filed in response to an Obama administration call in 2014 remain pending as the clock ticks down on Obama's time in office.

International

Cayman Islands Legalizes CBD Cannabis Oil. Gov. Helen Kilpatrick last week signed into law legislation allowing for the use of CBD cannabis oil in the island nation. The oil can be used for the treatment of conditions including epilepsy and cancer and as a pain reliever for arthritis symptoms. The law does not allow for marijuana to be grown in the country, but the legislature last month passed a separate law allowing for the importation of CBD cannabis oil.

Drug War Issues

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