Marijuana -- Personal Use

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Chronicle AM -- July 17, 2014

Marijuana decriminalization comes to the nation's capital, Vermont is set to study marijuana legalization, New Jersey residents press for "decarceration," Canadians are ready for marijuana reform, and more. Let's get to it:

Decriminalization is now the law in the District of Columbia.
Marijuana Policy

The District of Columbia is Decriminalized. The decriminalization of the possession of an ounce of less of marijuana is now the law in the nation's capital. A law passed by the DC city council and signed by Mayor Vincent Gray (D) went into effect one minute after minute. Small time pot possession is now punishable only by a fine of $25. But the cops can still take your stash.

Vermont Launches Study of Marijuana Legalization. The state has hired the RAND Corporation to sort through the issues around legalizing marijuana in the Green Mountain State. The administration of Gov. Peter Shumlin (D) says the study is needed because lawmakers are expected to take up the issue during the legislative session next year. A report is expected to be issued by January.

Medical Marijuana

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

Drug Policy

Netroots Nation Gathering to Take Up Drug War Issues Friday. The ninth annual gathering of progressive voices known as Netroots Nation, meeting in Detroit this week, will address the war on drugs during a panel Friday. The panel is called "Marijuana Arrests: The Gateway to Mass Incarceration." The panel will take place at 4:30pm and can viewed live online here.

Sentencing

New Jersey Campaign to Reduce Incarceration Gets Underway. Residents of Essex County have launched a campaign to get lawmakers to pass legislation that would reduce incarceration in the Garden State. More than a thousand of them have signed a Change.org petition urging legislators to pass a bill they call the New Jersey Decarceration Act, which would lead to a large-scale release of nonviolent drug and other offenders.

International

Canadians Ready for Marijuana Reform, Poll Finds. An Ipsos-Reid poll commissioned by the Department of Justice has found that seven out of 10 Canadians are ready to decriminalize or legalize marijuana. Some 37% of respondents said it should be legalized, while another 33% said it should be decriminalized. Only 14% supported the status quo, while 12% wanted harsher penalties. The poll was commissioned by the government in December, but it hid the results until the newspaper The Star managed to obtain them.

Malaysian Court Sentences Nigerian Student to Death for Marijuana Trafficking. A Malaysian High Court judge sentenced Nigerian college student Uchechukwu Nelson Ohaechesi to be hanged after he was convicted of trafficking 26.5 kilograms of marijuana.

Chronicle AM -- July 16, 2014

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

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

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

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

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

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

Medical Marijuana

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

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

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

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

Harm Reduction

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

Law Enforcement

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

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

Sentencing

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

International

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

White House Weighs in on DC Marijuana Reform Battle [FEATURE]

The city of Washington, DC, is a marijuana policy hothouse these days. It's expanding its medical marijuana program, it has a new decriminalization bill set to go into effect Thursday with House Republicans trying to stop it, it has a marijuana possession and cultivation legalization initiative poised to make the November ballot, and it has legislation that would allow for the taxation and regulation of marijuana commerce already pending before the city council. Now, the White House is weighing in too.

The "Marijuana Possession Decriminalization Amendment Act of 2014," adopted by the council in April, replaces criminal penalties for possession of small amounts of marijuana with a $25 civil fine for possession as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

DC's decriminalization effort has clearly caught the attention of House Republicans -- one of whom, Rep. Andy Harris (R-MD), introduced an amendment to the DC appropriations bill to block its implementation. That amendment has already won a House committee vote.

Late last month, the House Appropriations Committee adopted Harris's amendment. If included in the 2015 federal budget, the rider would block the District from carrying out any law, rule or regulation to legalize or otherwise reduce criminal penalties for marijuana.

That has sparked irate reactions from both DC elected officials and advocates alike.

"These Members violated their own principles of limited government by using the power of the federal government to dictate to a local government how it can use its own local funds," DC Delegate Eleanor Holmes Norton said in a statement after the vote. "They apparently could not keep their own states from decriminalizing marijuana, so they have turned to a district where they are not accountable to the citizens to do what they couldn't convince their own states to do. Their constituents may be surprised to learn that their Members are spending their time interfering with the local laws of another district instead of devoting their time to issues affecting their districts and the nation."

"That Congressman Andy Harris would try to kill DC's efforts to stop arresting people for marijuana possession is beyond disturbing," said Dr. Malik Burnett, DC policy manager for the Drug Policy Alliance (DPA). "This amendment is an affront to the District's right to home rule, while ensuring that thousands of District residents continue to be arrested and suffer the collateral consequences associated with a criminal record. Congress should be following DC's example and end racist marijuana arrest policies, instead of defying the will of the people and reversing their decision."

DC Delegate Eleanor Holmes Norton sticks up for her constitutents. (house.gov)
District residents have begun organizing a boycott of Ocean City, MD, part of Rep. Harris's congressional district, as a show of their disapproval his intervention in District affairs. That was an idea that came from none other than Washington, DC, Mayor Vincent Gray.

"It's become a sad tradition that members of Congress with no ties to the District use their outdated, undemocratic and unjust authority over the District's budget to further their own political and personal agenda," Gray said in a pre-4th of July statement.

Councilmember and mayoral candidate David Catania even stormed Harris's DC office after the vote demanding to discuss his efforts to block the District from implementing decrim. Harris wasn't there.

"I'm here to address what has become a congressional pastime, which is interfering in the local affairs of the District of Columbia," Catania said at the time.

And now, the effort to block the District from implementing decrim -- or any other marijuana reforms -- has caught the attention of the White House, which yesterday slammed it in no uncertain terms.

"[T]he Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally-passed marijuana policies, which again undermines the principles of States' rights and of District home rule," the White House said in a statement of administration policy on the Financial Services and General Government Administration Act of 2015, which contains appropriations for DC. "Furthermore, the language poses legal challenges to the Metropolitan Police Department's enforcement of all marijuana laws currently in force in the District."

(The statement of administration policy also criticized Congress for including a ban on the funding of needle exchanges in the District, as well as language restricting the District's ability to provide abortion services.)

"It is great to see the White House accepting that a majority of Americans want marijuana law reform and defending the right of DC and states to set their own marijuana policy," said Bill Piper, DPA director of national affairs. "The tide has clearly shifted against the failed war on drugs and it's only a matter of time before federal law is changed."

The White House wasn't the only group trying to send a signal to Congress yesterday. The DC city council passed a pair of emergency resolutions opposing Rep. Harris's effort to use congressional oversight to block the District from spending any of its locally-raised revenues to enact marijuana reform.

Harris's amendment would, if passed by the Congress, also block the District from enacting the results of the looming marijuana possession and cultivation legalization initiative, which is all but certain to make the November ballot after organizers handed in more than double the number of signatures needed to qualify. And it would block the District from implementing the putative legislative follow-up to the initiative, which would allow for taxed and regulated marijuana commerce in the District.

But that amendment still has not passed the House, let alone the Senate, and now, the Obama administration has made clear that it does not approve of it, either. That puts the administration on the side of the District, its voters (who consistently approve of marijuana legalization in polls), and its elected officials. House and Senate Republicans would be up against a city united against their interference in the District's domestic affairs, backed by a president who agrees with the District. While the Republicans are always eager to pick a fight with the president, this could be one fight they think twice about.

Washington, DC
United States

Chronicle AM -- July 15, 2014

The Obama administration comes out against congressional interference with the District of Columbia's decriminalization law, Dana Rohrabacher comes out as the first Republican congressman to support marijuana legalization, the Smarter Sentencing Act picks up more sponsors, and more. Let's get to it:

US Rep. Dana Rohrabacher (R-CA), the first sitting Republican congressman to endorse marijuana legalization. (house.gov)
Marijuana Policy

White House Comes Out Against Congress Blocking DC Decriminalization Law. In a statement of administration policy on pending appropriations bills, the White House Monday came out "strongly" against a congressional move to bar the District from spending money to implement its new decriminalization law. "The Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally- passed marijuana policies, which again undermines the principles of States' rights and of District home rule. Furthermore, the language poses legal challenges to the Metropolitan Police Department's enforcement of all marijuana laws currently in force in the District," the statement said.

DC City Council Passes Emergency Resolutions Condemning Congressional Interference. The council Monday approved two emergency resolutions opposing a recent effort led by US House Representative Andy Harris (R-MD) to use congressional oversight to block the District of Columbia from spending any of its locally-raised revenues to enact marijuana reform. Read more on DC marijuana politics in a feature article here later today.

Dana Rohrabacher, First Republican Congressman to Back Marijuana Legalization. California Republican US Rep. Dana Rohrabacher told the Christian Science Monitor Monday that he supports legalizing marijuana and would "probably" endorse a 2016 California legalization initiative if it qualifies for the ballot. Rohrabacher is the first sitting Republican congressman to explicitly endorse legalization. About 40 congressional Democrats have expressed support for legalization.

National Press Club Newsmakers Event Next Week Centers on Marijuana Policy. The National Press Club in downtown Washington, DC, will host a news conference next Thursday on medical and recreational marijuana legalization. The news conference will feature Bill Piper, national affairs director for the Drug Policy Alliance, and Dr. Kevin Sabet of the anti-legalization group Project SAM (Smart About Marijuana). The event is open to all credentialed journalists and National Press Club members. Click on the link for event details.

Medical Marijuana

Missouri Governor Signs CBD Cannabis Oil Bill. Gov. Jay Nixon (R) yesterday signed into law a bill allowing Missourians with epilepsy that cannot be treated by conventional means to use low-THC, high-CBD cannabis oil. Patients will have to register for the state and have a neurologist aver that conventional treatments have not worked.

Los Angeles Moves to Shut Down Medical Marijuana Farmers' Market. Los Angeles City Attorney Mike Feuer has said he will today seek a restraining order to block a Boyle Heights medical marijuana farmers' market from doing it again. The farmers' market occurred two weekends ago. It isn't clear if there are plans to do it again.

Prescription Opiates

University of Wisconsin Pain Policy Study Group Releases Two Reports. The reports are Achieving Balance in State Pain Policy: A Progress Report Card (CY 2013) and Achieving Balance in State and Federal Pain Policies: A Guide to Evaluation (CY 2013). The first report contains a grade for each state and the District of Columbia, which represents the extent that state policies can support pain management and patient care. The second report explains PPSG's evaluation method and criteria as well as its "principle of balance," which says that "efforts to prevent drug diversion and abuse are essential and should avoid interfering with healthcare practice and patient care."

Law Enforcement

Oklahoma Narcs on the Lookout for Kratom. The Oklahoma Bureau of Narcotics is worried about kratom, a Southeast Asian shrub whose leaves are mildly psychoactive and who some users claim is useful as a means of breaking opiate addictions. The OBN says it is not a "major problem" yet, but that it has received worried phone calls from a half-dozen parents. Kratom is on the DEA's list of drugs to watch, but the federal agency has made no move to ban it.

Sentencing

Smarter Sentencing Act Picks Up Two More Cosponsors. Reps. Mark Pocan (D-WI) and Donald Payne (D-NJ) are the latest to sign onto the Smarter Sentencing Act, which would reduce some federal drug sentences by retroactively adjusting crack and powder cocaine sentences and allowing judges to sentence below mandatory minimums in some cases. The act now has 44 cosponsors -- 30 Democrats and 14 Republicans. Similar legislation has been filed in the Senate.

International

Dutch Senate Wants Justice Minister to Explain What He's Doing About Illegal Marijuana Production. The Senate has summoned Justice Minister Ivo Opstelten to explain what he is doing about "the backdoor problem" -- the fact that while cannabis coffee shops can sell marijuana without legal penalty, there is no legal source for the marijuana they sell. Opstelten and Home Affairs Minister Ronald Plasterk will appear before the Senate in September. Despite the pleas of numerous mayors, Opstelten has refused to allow experiments with regulated marijuana production.

Chronicle AM -- July 14, 2014

Happy Bastille Day! And speaking of which, the US Sentencing Commission is reporting heavy public response to its proposal to make some sentencing reforms retroactive. Meanwhile, marijuana remains on the move, the good burghers of New York will pay for another drug war killing, millennials loosen up on drugs, and more. Let's get to it:

A new ad from the Coalition to Regulate Marijuana Like Alcohol in Nevada.
Marijuana Policy

Washington State Earns $150,000 in Excise Taxes From First Three Days of Limited Legal Marijuana Sales. Legal pot sales in Washington started last Tuesday with only a handful of shops open across the state, but by last Friday, the Washington Liquor Control Board reported that the sales had generated almost $150,000 in excise taxes alone. The excise tax is 25% imposed on producers when they sell to retailers and another 25% imposed on consumers when they buy retail. The figure doesn't include state and local sales taxes.

Colorado Recreational Marijuana Sales Declined for First Time in May. Retail pot shops sold $21 million worth of marijuana in May, down 5% from the $22 million sold in April. The combined 4/20 celebrations and High Times Cannabis Cup that same weekend may have had something to do with the high April figures. Also, tax-free medical marijuana sales remain strong and still exceeded recreational sales in April, coming in at $32 million.

Nevada 2016 Legalization Initiative Campaign Kicks Off With Innovative Bathroom Ads. The Coalition to Regulate Marijuana Like Alcohol has begun its campaign to get a legalization initiative on the 2016 ballot with "bathroom-themed ads, which are scheduled to appear in restrooms at more than two dozen restaurants and bars across Las Vegas throughout July and August." The ads highlight the costs of marijuana prohibition.

South Portland, Maine, Activists Hand in Signature for Municipal Legalization Referendum. Citizens for Safer Maine, a Marijuana Policy Project affiliate, today handed in 1,521 signatures to place a legalization initiative on the municipal this November. The group needs 959 valid voter signatures to qualify. Similar efforts are underway in York and Lewiston; Portland passed a similar measure last year.

Medical Marijuana

Berkeley City Council Gives Initial Approval for Free Medical Marijuana for the Poor and Homeless. The Berkeley city council last week gave initial approval for an ordinance that would require dispensaries in the city to set aside 2% of their medical marijuana to be given away free to poor and homeless residents who are patients. A second reading is set for next month.

South Carolina Limited CBD Medical Marijuana Law Not Working. South Carolina's new law allowing for the use of high-CBD cannabis oil is stymied because no one in South Carolina is making it and federal law prohibits it being shipped across state lines. The new law does create a study committee to determine how to grow the plants and manufacture the oil in state, but it looks like that is years down the road.

North Carolina Medical Marijuana Supporters Protest at Trial of Grower. Protestors gathered in Hendersonville this morning to protest the trial of a man they say is a medical marijuana grower. Todd Stimson is charged with numerous marijuana cultivation and related offenses. His trial starts this afternoon.

Drug Policy

Poll of Millennials Finds Majority for Marijuana Legalization, One in Five for Cocaine Legalization. A new Reason-Rupe survey finds that 57% of millennials support legalizing marijuana and a surprising 22% support legalizing the use of cocaine. Majorities of millennials said people should not be jailed or imprisoned for using marijuana (83%), ecstasy (68%), cocaine (63%), or heroin (61%). Click on the link above for more top lines, cross tabs, and methodological details.

Drug Testing

Florida Governor Gives Up on Testing Some State Workers, But Not All. Gov. Rick Scott's (R) dream of imposing drug testing on all state workers has faded further after attorneys representing the state last month filed court documents conceding that nearly a thousand job classes are ineligible for drug testing. But Scott has yet to concede that his plan to force state workers to undergo mandatory suspicionless drug testing is unconstitutional, despite lower court rulings against him. He's vowing to go to the US Supreme Court.

Law Enforcement

New York City Pays $2 Million for Undercover Narc's Killing of Unarmed Man on His Mother's Doorstep. Shem Walker, 59, was shot and killed when he attempted to run off shady characters loitering on his mother's apartment building doorstep. The shady characters were undercover NYPD narcotics detectives. Walker punched one of the plain clothes narcs, who responded by shooting him three times and killing him. Now, the good burghers of New York will pay out $2.25 million to settle the family's lawsuit against the city. No criminal charges were filed against the officer.

Sentencing

US Sentencing Commission Got 65,000 Letters Regarding Sentencing Retroactivity. The US Sentencing Commission reports that it had received some 65,000 letters regarding its plans to make the changes to drug sentencing guidelines that reduce many drug sentences retroactive. The Commission will hold a public meeting on the issue on Friday. Click on the link for more details and to read the letters.

International

Honduras President Blames US Drug Policy for Refugee Crisis. In an interview published today, President Juan Hernandez blamed US drug policy for creating violence in Central American countries and thus propelling a surge of migration toward the US. He said US anti-drug policies for generating prohibition-related violence first in Colombia and Mexico and now in Central America. "Honduras has been living in an emergency for a decade," Hernandez told Mexican daily newspaper Excelsior. "The root cause is that the United States and Colombia carried out big operations in the fight against drugs. Then Mexico did it. This is creating a serious problem for us that sparked this migration."

Chronicle AM -- July 11, 2014

A St. Paul drug raid is raising questions about police tactics, the hemp industry wants to clarify something, Tennessee gets its first bust under a law criminalizing drug-using pregnant women (and its first threat of a legal challenge), Pennsylvania issues opiate prescribing guidelines, and more. Let's get to it:

One of the two dogs killed in a St. Paul SWAT team raid that scored a bong and a grinder. (family photo)
Marijuana Policy

New Mexico Municipal Decriminalization Initiatives Halfway There on Signatures. Decriminalization initiative signature-gathering campaigns in Albuquerque and Santa Fe are at the halfway point in terms of signatures gathered. Two groups, Progress Now New Mexico and Drug Policy Action, the campaign arm of the Drug Policy Alliance, are leading the effort. The campaigns reported having half the 5,673 signatures needed in Santa Fe. They also need 11,203 signatures in Albuquerque; organizers say they are more than halfway there in the Duke City as well.

Medical Marijuana

Minnesota Governor Names 16 to Medical Marijuana Task Force. Gov. Mark Dayton (DFL) has named the members of a state task force charged with monitoring the effectiveness of the state's new limited medical marijuana law. Included are four patients or their parents, four law enforcement entities, four substance abuse treatment providers and four health care providers. It also includes two lawmakers each from the House and Senate, as well as the commissioners of Health, Human Services and Public Safety. Click on the link for a list of members.

Hemp

Hemp Industries Association Clarifies That CBD Extracts Are Not "Hemp Oil." The trade group the Hemp Industries Association has released a statement emphasizing that cannabidiol (CBD) extracts are not "hemp oil" and warning against misbranding them as such. The CBD extracts are made from marijuana flowers for medicinal purposes, while hemp oil, produced by pressing hemp seeds, is a food item containing only tiny amounts of CBD. Click on the link to read the full statement.

Pregnancy

First Woman Arrested Under Tennessee's New Law Criminalizing Pregnant Women Who Use Drugs. A 26-year-old Monroe County woman has been charged with assault on her fetus for using methamphetamine shortly before she gave birth under a new law that allows prosecutors to press assault and child endangerment charges against women who use drugs. Under that law, "a woman may be prosecuted for assault for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug." But neither doctors nor prosecutors have shown any harm to the woman's newborn baby.

Tennessee ACLU Seeking to Challenge New Law Criminalizing Pregnant Women Who Use Drugs. The ACLU of Tennessee is currently seeking plaintiffs to challenge the new law criminalizing pregnant women who use drugs. The law is the first of its kind in the country. "This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges," said Thomas Castelli, Tennessee ACLU legal director. "By focusing on punishing women rather than promoting healthy pregnancies, the state is only deterring women struggling with alcohol or drug dependency from seeking the pre-natal care they need. ACLU-TN stands ready to challenge this law and encourages any woman concerned about the impact this law will have on her to contact us." Click on the link for more information.

Prescription Opiates

Pennsylvania Releases Guidelines for Prescribing Opiates. State officials and the Pennsylvania Medical Society have released new voluntary opiate prescribing guidelines as part of an effort to reduce overdose deaths. The guidelines are aimed at family practice doctors who are not pain treatment specialists. A University of Wisconsin pain policy specialist, James Cleary, said the guidelines were "very responsible," but raised concerns that opiates remain available for those who truly need them. Task force members responded that finding the proper balance was critical.

Law Enforcement

St. Paul SWAT Drug Raid Scores Bong, Grinder; Leaves Two Dogs Dead. A St. Paul, Minnesota, police SWAT team executing a no-knock search warrant at a family home burst through the front door without notice at 7:00am and promptly shot and killed the family's two pet pit bulls. "The first thing I heard was 'boom,'" said homeowner Larry Lee Arman. "Bop, bop, bop, bop, bop. Right in front of us. I was laying right there and I really thought I was being murdered," he said "I don't want to say by who. I thought it was, like, the government." Police said they thought they were entering a dangerous environment and had a right to eliminate potential threats with lethal force, but Arman said he wasn't a dangerous drug dealer, only a pot smoker. The SWAT team's haul seems to bear him out. They seized only "clothing, a glass bong, and suspected marijuana remnants in a metal grinder."

International

New York Times Takes a Look at Barcelona's Cannabis Clubs. The New York Times has a lengthy profile of Barcelona's burgeoning cannabis social club scene. It reports that the clubs, where members may buy and consume marijuana, now have 165,000 members, and that they are creating marijuana tourism. Officials are concerned.

Barcelona Police Arrest Cannabis Club Leaders. Police in Barcelona Friday arrested the president and at least three other members of the city's cannabis club federation FEDCAC. The group said it was not told why they were arrested, but other Spanish press reports said it was on money laundering charges. The bust comes as the city tries to crack down on the burgeoning clubs, which are legal under Spanish law, but have been testing the limits.

Transnational Institute Analyzes Colombia/FARC Accord on Drugs, Finds It Lacking. In a policy briefing on the Colombian peace accords, the Transnational Institute finds that FARC guerrillas are only "part of the problem" in the "complex scenario" of Colombian drug trafficking; that it effectively excludes rural settlers, indigenous and African-descent communities; that the agreement ratifies existing prohibition-based approaches to drugs; and that it ignores the ongoing progress in adopting other drug control models. Other than that…

Chronicle AM -- July 10, 2014

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

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

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

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

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

Medical Marijuana

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

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

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

International

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

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

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

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

The 2014 National Drug Control Strategy: Baby Steps in the Right Direction [FEATURE]

The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released its 2014 National Drug Control Strategy Wednesday. While in general, it is remarkable for its similarities to drug control strategies going back more than a decade, it does include some signals suggesting that the Obama administration is ready for a shift in emphasis in the drug war -- from a criminal justice approach to a more public health-oriented approach.

But even that rhetorical positioning is somewhat undercut by the strategy's continuing commitment to the criminalization of drug users and the people who supply them, as well as particular policy prescriptions, such as its support for expansion of drug courts -- the use of the criminal justice system to enforce therapeutic health goals like abstinence from drug use, as opposed to measures that don't involve criminal justice intervention.

The 2014 strategy also continues the roughly 3:2 funding ratio between law enforcement and treatment and prevention spending that has marked federal anti-drug spending since at least the Clinton administration in the 1990s. And it does so somewhat deceptively.

"In support of this Strategy," ONDCP wrote in a press release, "the President has requested $25.5 billion in Fiscal Year 2015. Federal funding for public health programs that address substance use has increased every year, and the portion of the Nation's drug budget spent on drug treatment and prevention efforts -- 43% -- has grown to its highest level in over 12 years. The $10.9 billion request for treatment and prevention is now nearly 20% higher than the $9.2 billion requested for Federally-funded domestic drug law enforcement and incarceration."

What the press release doesn't mention when claiming that treatment and prevention spending now exceeds spending on law enforcement is that it did not include figures for drug interdiction and international spending on the law enforcement side of the ledger. The White House's proposed federal drug budget for 2015, however, shows that those drug prohibition-enforcement costs add up to another $5.4 billion, or $14.6 billion for enforcing drug prohibition versus $10.9 billion for treatment and prevention.

The strategy does, however, provide a sharper focus than in the past on reducing the harms associated with drug use, such as overdoses and the spread of HIV/AIDS, hepatitis C, and other blood-borne diseases. It calls for greater access to the opiate overdose reversal drug naloxone and supports needle exchange and state laws that provide limited immunity from prosecution for people suffering overdoses and the people who seek help for them -- the so-called 911 Good Samaritan laws. The strategy also sets a five-year goal for reducing overdose deaths, something drug reform advocates had been seeking.

The strategy also acknowledges the need to reduce mandatory minimum drug sentencing and recognizes that the US has the world's largest prison population, but in absolute terms and per capita. And, implicitly acknowledging that Americans increasingly see the war on drugs as a failed policy, the 2014 strategy has adjusted its rhetoric to emphasize public health over the drug war.

Acting ONDCP head or "drug czar" Michael Botticelli (ONDCP)
But, despite polls now consistently showing majority support for marijuana legalization, and despite the reality of legal marijuana in two states, with two more and the District of Columbia likely to embrace it later this year, the 2014 strategy appears not only wedded to marijuana prohibition, but even disturbed that Americans now think pot is safer than booze.

That puts ONDCP at odds not only with the American public, but with the president. In an interview published in January by the New Yorker, Obama said marijuana is less dangerous than alcohol "in terms of its impact on the individual consumer."

Noting that about three-quarters of a million people are arrested on marijuana charges each year, and nearly nine out of ten of those for simple possession, the Marijuana Policy Project (MPP) pronounced itself unimpressed with the new national drug strategy.

The drug czar's office is still tone deaf when it comes to marijuana policy. It appears to be addicted to marijuana prohibition. Why stay the course when the current policy has utterly failed to accomplish its goals?" asked MPP communications director Mason Tvert.

"The strategy even goes so far as to lament the public's growing recognition that marijuana is not as harmful as we were once led to believe. President Obama finally acknowledged the fact that marijuana is less harmful than alcohol, yet his administration is going to maintain a policy of punishing adults who make the safer choice," Tvert continued. "Most Americans think marijuana should be made legal, and even the Justice Department has acknowledged that regulating marijuana could be a better approach than prohibition. Legalizing and regulating marijuana is not a panacea, but it is sound policy."

The Drug Policy Alliance (DPA), with a wider policy remit than MPP, had a nuanced response to the release of the drug strategy. It was critical of some aspects of the strategy, but had kind words for others.

"The administration says drug use is a health issue but then advocates for policies that put people in the criminal justice system," said Bill Piper, DPA national affairs director. "Until the drug czar says it is time to stop arresting people for drug use, he is not treating drug use as a health issue no matter what he says. I know of no other health issue in which people are thrown in jail if they don't get better."

Still, said Piper, the drug czar's office deserves some credit for addressing serious issues associated with drug use under prohibition.

"Director Botticelli should be applauded for taking strong steps to reduce drug overdose fatalities and the spread of HIV/AIDS, hepatitis C and other infectious diseases," he said. "His leadership on these issues, and his work overall to reduce the stigma associated with substance misuse, are encouraging."

But when it comes to marijuana policy, DPA found itself pretty much on the same page as MPP.

"The Administration continues to keep its head in the sand when it comes to marijuana law reform," said Piper. "Hundreds of thousands of Americans are being arrested each year for nothing more than possessing small amounts of marijuana for personal use. Once arrested they can be discriminated against in employment and housing for life. The administration can't ignore the destructive impact of mass arrests forever."

Washington, DC
United States

Chronicle AM -- July 9, 2014

The White House issues its annual drug control strategy, the Brooklyn DA announces an end to most small-time marijuana possession arrests, a suburban Maryland county adopts a marijuana reform resolution, the first medical cannabis oil permits are issued in Utah, Lebanese hash farmers vow to fight to protect their crops, and more. Let's get to it:

Under Maryland's new decrim law, that bud won't get you arrested, but the pipe will. (wikimedia.org/erik fenderson)
Marijuana Policy

Obama Offered a Hit of Weed in Denver; Responds With a Smile. During a visit to a Denver bar last night, President Obama was offered some of the state's legal marijuana. "Do you want to hit this?" came a voice from the crowd. The president did not respond to the offer, except to flash his trademark smile. On route to the event, the president was also confronted by apparently pro-marijuana protestors, including one holding a sign saying "Free Weed for Obama." We won't even mention the guy in a horse head mask who shook the president's hand.

Brooklyn DA Announces No More Prosecutions for First-Time Marijuana Offenders, Except… Brooklyn, New York, District Attorney Kenneth Thompson announced Tuesday that his office will no longer prosecute first-time offenders for small-time marijuana possession charges. "This new policy is a reasonable response to the thousands of low-level marijuana arrests that weigh down the criminal justice system, require significant resources that could be redirected to more serious crimes and take an unnecessary toll on offenders. Pursuant to this policy, we will use our prosecutorial discretion to decline to prosecute, and dismiss upfront, certain low-level marijuana possession cases based on criteria concerning the particular individual and the circumstances of the case. For example, cases will be dismissed prior to arraignment for those with little or no criminal record, but we will continue to prosecute marijuana cases which most clearly raise public health and safety concerns." But Thompson added that he would still pursue charges for public pot smoking, if the defendant is a teen (he will be directed to juvenile court and a diversion program), or if the defendant has a criminal record suggesting he may act violently under the influence of marijuana.

Montgomery County, Maryland, Adopts Marijuana Policy Reform Resolution. The Montgomery County council Tuesday unanimously adopted a resolution calling for making marijuana possession offenses the lowest law enforcement priority and for revising the state's yet-to-go-into-effect decriminalization law to include pot-smoking paraphernalia. Under the law as written, people could not be arrested for possessing small amounts of marijuana, but they can still be arresting for possessing the pipe to smoke it in.

Medical Marijuana

Utah Issues First Permits to Use High CBD, Low THC Cannabis Oil. Utah officials Tuesday issued the first permits to use high CBD cannabis oil for the treatment of epilepsy in children under a law passed earlier this year. That law okays the use of cannabis oils containing at least 15% CBD and less than 0.3% THC. But while initial permits have been issued, families are likely to have to wait until September to acquire the cannabis oil because the Colorado nonprofit that produces it has a long waiting list and a crop that won't be ready until the fall.

California Medical Marijuana Citizens' Lobby Day Will Be August 4. The medical marijuana advocacy group Americans for Safe Access has announced that its annual citizens' lobby day in Sacramento will be held this year on August 4. The group is supporting the statewide regulation bill, Senate Bill 1262, but wants some changes, too. Click on the title link for more details.

Drug Policy

White House Releases 2014 National Drug Control Strategy. The White House's Office of National Drug Control Policy (ONDCP -- the drug czar's office) today released its annual drug control strategy. In the big picture it doesn't appear to be a whole lot different from last year's, or the year before that or the year before that or… But there are some good things to be found. Check back here later today for a feature article on it. In the meantime, click on the link to take a look yourself.

International

Mexico Anti-Cartel Vigilantism Spreads Close to US Border. Vigilante groups targeting criminal drug trafficking organizations first sprung up last year in the west-central Mexican state of Michoacan, where they battled the Knights Templar cartel before eventually being folded into the Mexican police apparatus. Now, they are appearing in Tamaulipas state, just across the Rio Grande River from Texas. A group known as the Pedro Mendez Column is operating in the city of Hidalgo, where it does nightly patrols to defend the city from the Zetas cartel. It also claims to have killed several Zetas. And the Zetas claim to have killed several people it accuses of being linked to the vigilantes. The Zetas also accuse the rival Gulf cartel of arming the vigilantes.

Lebanese Marijuana Farmers Vow to Fight Back Against Eradication Campaign. The Lebanese government has announced it will begin destroying marijuana farms in the Bekaa Valley tomorrow, but farmers there are vowing to defend their crops with their lives. Ali Nasri Shammas, a major grower and spokesman for the illicit industry, said growers would do what it takes to defend their crops, whether by protesting, blocking roads, or more violent means. "We will also use arms to face the security forces, who will damage the crops, even if it leads to bloodshed. Destroying the crops is forbidden no matter the results," Shammas warned. Given the ongoing Syrian civil war next door, it remains to be seen whether the government will be able to actually eradicate much of the marijuana crop.

Russians Say They Lose 100,000 People a Year to Drug Overdoses. Russia's Federal Drug Control Service reports that nearly 100,000 people died of drug overdoses last year and that the rate of drug-related deaths in Russian urban areas was 28.7 per 100,000. That rate is 2.7 times higher than the previous year. By contrast, in the US, some 41,000 people died of drug overdoses in 2012, according to the Centers for Disease Control and Prevention.

Chronicle AM -- July 8, 2014

There are now two states where marijuana can be legally sold to adults, Marc Emery's time in America's drug war gulag comes to an end, two senators file the REDEEM Act for ex-offenders, there may be magic in those mushrooms, and more. Let's get to it:

Marc Emery is about to leave the land of the living dead and rejoin his wife, Jodi, back home in Canada. (wikimedia.org)
Marijuana Policy

Washington State Retail Marijuana Sales Began This Morning. The first legal recreational marijuana sales in Washington occurred shortly after 8:00am today, when a visitor from Kansas bought two grams of pot for $26.50 at Top Shelf Cannabis in Bellingham. The state has authorized up to 344 retail marijuana outlets, but only a handful are open today, and there are worries about legal marijuana shortages as well. Stay tuned as Washington treads down the path of pot legalization.

Canadian "Prince of Pot" Marc Emery Gets Out of US Prison Tomorrow. The five-year legal martyrdom of Canadian marijuana legalization gadfly Marc Emery is about to come to an end. Emery will leave federal prison tomorrow after serving a sentence for selling marijuana seeds to customers in the US. He won't get back home to Canada immediately; there is some red tape involved that will keep him in the US for several more weeks, but we fully expect Emery to take up where he left off in terms of relentless activism -- once he has had a chance to reunite with his stalwart wife, Jodi.

New York Fairness and Equity Act Seeks to End Marijuana Arrests, Fix Loopholes in State Law. Elected officials, community groups, and activists will rally Wednesday at New York City Hall to announce the introduction of the Fairness and Equity Act. The bill is designed to end mass, racially-biased marijuana possession arrests by fixing the state's decriminalization law to eliminate the difference between private and public possession, creating a process for those arrested under the current law to clear their records, and reducing the harms of collateral consequences of pot possession arrests. The bill is not yet available on the state legislative web site. Click on the link for more details.

Medical Marijuana

San Jose Collectives, Dispensaries Fight Looming Shut-Downs With Referendum Effort, Thursday Protest. The city of San Jose has recently passed an ordinance that will result in the forced closure of more than 70 collectives and dispensaries, and the industry is fighting back. There is a petition drive underway to stop the city from shuttering the businesses, and there will be a rally throughout Thursday afternoon at city hall. Stay tuned.

San Diego Sheriff's Office Returns Marijuana to Raided Dispensary. Sheriff's office officials have handed back 20 pounds of marijuana, as well as grow equipment, seized in a raid last year from the SoCal Pure Collective in North County. The legal case against the collective was dropped in April, and a judge ordered all the confiscated goods returned. But collective operator Laura Sharp still fumes over the raid itself, a paramilitarized exercise of police power aimed at patients and providers. "I don't think that we needed to have assault rifles held to our heads. I think we could have been served paperwork," she said.

Psychedelics

Study Finds Magic Mushrooms Open Strange Brain State, Could Unlock Permanent Shifts in Perspective. A study published in the journal Human Brain Mapping has found that psychedelic mushroom compounds may be opening brain states usually experienced only in dreams and suggests that their use may have permanent positive effects on the brain. This could open the door for more research on the use of psychedelics as a treatment for disorders such as depression and anxiety. Click the study link for more details.

Reentry and Rehabilitation

Senate Odd Couple Introduce REDEEM Act to Assist Ex-Cons with Re-Entry. New Jersey Democratic Sen. Cory Booker and Kentucky Republican Sen. Rand Paul will today introduce the REDEEM Act, which aims to assist formerly incarcerated people with reentering society in a productive manner. The bill would, among other things, help seal conviction records and eliminate barriers to reentry, employment, and public assistance. The bill is not yet up on the congressional web site.

International

Applicants Sought for Two-Week London Fellowship on West Africa Drug Policy Reform. The Open Society Foundation is seeking applicants for a West African fellowship on drug policy reform. The two-week program is set to take place in London in October, 2014, and will be hosted by the drug policy organization, Release. Those interested in the program are encouraged to apply by visiting the link here for more details. You have until July 31 to apply.

Conference on Marijuana Regulation in London Later This Month. A Cannabis Conference will be held July 23 at the House of Lords in London. It is supported and sponsored by Baroness Meacher, the chair of the All Party Parliamentary Group on Drug Reform Policy. Click on the link for more details.

Dominican Prime Minister Wants Review of Marijuana Laws. Dominican Prime Minister Roosevelt Skerrit told a press conference Tuesday that the time has come to review the country's marijuana laws. "We believe the time has come for us to look at the laws relating to marijuana, for example someone with a very small quantity of marijuana, we will send him to prison, and the question is, if a man has five grams of marijuana should this person be sent to prison for that small amount and that person would have a criminal record for the rest of his life," Skerrit said. His remarks come as CARICOM convenes a commission to study marijuana law reform in the region.

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