Marijuana -- Personal Use

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Chronicle AM -- July 7, 2014

This fall's drug policy initiative picture is beginning to clear up, with DC and Oregon seemingly on the way to voting on marijuana legalization in November, the first retailer sales licenses for marijuana in Washington state were issued today, with the signature of Gov. Cuomo, New York becomes the 23rd medical marijuana state, and more. Let's get to it:

Handing in signatures to DC election officials this morning. (DrugPolicy.org)
Marijuana Policy

DC Legalization Initiative Backers Turn in More Than Twice the Signatures Needed. Supporters of the DC Cannabis Campaign initiative to legalize the possession and cultivation of small amounts of marijuana turned in more than 58,000 signatures this morning. They only need 25,000 valid voter signatures to qualify for the November ballot. The initiative does not seek to tax and regulate marijuana commerce because DC law precludes that, leaving it up to elected officials. A tax and regulate bill is before the DC city council.

Oregon Legalization Initiative Backers Turn in Close to Twice the Signatures Needed. The New Approach Oregon legalization initiative campaign turned in 145,000 signatures Thursday to put their measure on the November ballot. They only need 87,000 valid voter signatures to qualify, so this is looking very much, but not quite, like a done deal. Stay tuned.

Arkansas Marijuana Initiatives Come Up Short. Neither marijuana legalization nor medical marijuana will be on the ballot this fall. Campaigners for two separate marijuana reform initiatives came up short on signatures for both. Arkansans for Compassionate Care, the folks behind the medical marijuana initiative, say they will be back in 2016.

Washington State Liquor Control Board Issues First Marijuana Retailer Licenses. The first marijuana retail licenses were issued today, with the first retailers expected to be open for business tomorrow as Washington joins Colorado among the legal marijuana commerce states. Click on the link above for a list of the 24 approved licensees.

Massachusetts Poll Has Voters Evenly Split on Support for Legalization. A new Boston Globe poll has support for legalizing marijuana at 48%, with 47% opposed, and 5% undecided. Click on the poll link for more demographic info and top lines.

Denver Cops Raid Marijuana Social Club. Denver Police last week raided Maryjane's Social Club, a private pot-smoking club operating in a grey area under state law. Police handcuffed smokers and charged them with smoking in public, seized drug paraphernalia, and ticketed the club owner for violating the state's no-smoking-inside laws. Club owners argue that since neither marijuana nor food and beverages are sold at the clubs -- patrons bring their own -- they should be permissible.

Medical Marijuana

Governor Signs Compassionate Use Act, Making New York 23rd Medical Marijuana State. In an official signing ceremony today, Gov. Andrew Cuomo (D) signed into law the Compassionate Use Act. New York thus becomes the 23rd medical marijuana state, even though its law is among the most restrictive and includes a ban on smoking (but not vaping or eating) it.

New Synthetic Drugs

Louisiana Bans Two More New Synthetics. The state Department of Health and Hospitals has banned two synthetic drugs, FUB-AMB AMB (methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl) valinate) and 5-flouro-AMB ((S)- methyl 2- (1- (5- fluoropentyl)- 1H- indazole- 3- carboxamido)- 3- methylbutanoate). The two drugs are marketed as fake marijuana under the names Train Wreck 2 and Kali Berry 2. The ban came last Thursday via an emergency rule.

Drug Testing

Tennessee Welfare Drug Test Law Goes into Effect. As of July 1, people applying for welfare will have to answer three questions on a form about potential drug use. Those who answer any of the questions positively will have to submit to drug testing. Positive test results will result in a postponement of benefits until the applicant has completed a treatment or recovery program and been re-tested. The ACLU of Tennessee says it is considering a legal challenge to the law.

Harm Reduction

Missouri Governor Signs Bill Allowing First Responders to Carry Opiate Overdose Reversal Drug. Gov. Jay Nixon (R) last Thursday signed into law House Bill 2040, which will allow first responders to carry and administer the opiate overdose reversal drug naloxone. The new law goes into effect August 28.

North Carolina Drug Users Have Prevented 100 Fatal Overdoses with Naloxone. Last week, the North Carolina Harm Reduction Coalition reported that the opiate overdose reversal drug naloxone distributed to drug users, their friends, and families has prevented its 100th fatal drug overdose. The distribution is the result of the passage of 911 Good Samaritan/Naloxone Access law in April 2013.

Law Enforcement

Maryland Cops No Longer Have to Report Racial Profiling, SWAT Statistics. Laws requiring state law enforcement agencies to collect and report racial data on traffic stops and to provide the state with information about SWAT deployments have expired. The legislature failed to act to renew them, but some legislators are vowing to make it their first order of business next session. Both laws were passed because of perceived abuses by law enforcement.

International

Colombia's First Needle Exchange Programs are Open. Needle exchange programs in five Colombian cities got underway last week, with health professionals handing out clean syringes to drug users in Armenia, Bogota, Cali, Cucuta, and Medellin. The Health Ministry has allocated 100,000 clean syringes for the program, which will also collect and destroy dirty needles.

Austrian Justice Minister Says No to Marijuana Legalization. Responding to a proposal from the Tyrolean Social Democratic Party (SPO) to legalize marijuana, Austrian Justice Minister Wolgang Brandstetter just says no. "Legalization is not an issue, even in the summer," Brandstetter said. "It's all about prevention, too, in my view, we must reduce the consumption of addictive substances - including soft drugs such as cannabis," he added. Recent polls show only about one-third of Austrians favor legalization.

Caricom Commission to Study Marijuana Reform. The Community of Caribbean Nations (Caricom) last week created a commission to study how the region should respond to demands for medical marijuana, decriminalization, and other marijuana reforms. The commission will report before Caricom's next summit, set for February 2016. An earlier Caricom report found that allowing medical marijuana could boost the regional economy.

Ireland to Allow Medical Marijuana. The CEO of Ireland's Health Products Regulatory Authority (HPRA) said today the Department of Health was drafting legislation to allow medical marijuana to be made available to patients. Pat O'Mahony said that medical marijuana would be available by prescription and sold at pharmacies.

Chronicle AM -- July 3, 2014

The Afghan poppy trade is spilling over into Central Asia, legal marijuana goes on sale in Washington state on Tuesday, Georgia holds off on welfare drug testing, a California sentencing reform bill is now one vote away from passage, and more. Let's get to it:

Central Asian countries are getting in on the Afghan drug trade, according to a new report. (unodc.org)
Marijuana Policy

Retail Marijuana Sales Begin at Noon Tuesday in Seattle. The first legal retail marijuana sale in Seattle will take place at noon Tuesday, the owner of Cannabis City says. But the first pot sold legally in Washington state may actually be purchased in Bellingham, where Top Shelf Cannabis says it will be open at 8:00am.

DC Mayor Calls for 4th of July Boycott of Maryland Shore to Protest Congressman's Move to Mess With City's Decriminalization Law. DC Mayor Vincent Gray (D) is joining DC activists in calling for city residents to not spend their holiday weekends in Ocean City or St. Michaels, Maryland. That's the area represented in Congress by Rep. Andy Harris (R-MD), who authored a successful amendment to a House budget bill that would effectively overturn the District's decriminalization law. DC residents who want to enjoy the beach should instead go to Rehoboth Beach, DE, or Chincoteague Island, VA, instead, Gray suggested.

Medical Marijuana

North Carolina Governor Signs Limited Low-THC, High-CBD Medical Marijuana Law. Gov. Pat McCrory (R) has signed into law a bill that will allow people suffering from certain epilepsy conditions to use cannabis extracts containing less than 0.3% THC and more than 10% CBD. But only neurologists in a pilot study may recommend it.

Drug Testing

Georgia Governor Holds Off Welfare Drug Testing. Gov. Nathan Deal (R) has announced that even though a new law to drug test welfare recipients went into effect Tuesday, he will delay implementing it until a federal appeals court rules on a similar Florida law. But the Florida law mandates suspicionless mandatory drug testing, while Georgia's law, House Bill 772, only requires drug testing upon suspicion of drug use, so some critics are wondering if something else is at play. The Georgia law also had a food stamp applicant drug testing provision, but that part has already been nullified by the US Department of Agriculture, which runs the food stamp program.

Sentencing

California Fair Sentencing Act Wins Final Assembly Committee Vote. The California Fair Sentencing Act (Senate Bill 1010) was approved by the Assembly Appropriations Committee on a 12-3 vote Wednesday and now heads for an Assembly floor vote. Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill would correct the sentencing and other disparities between crack and powder cocaine. The bill has already been approved by the Senate.

Law Enforcement

US Indicts Three Peruvian Shining Path Leaders on Drug, Terrorism Charges. Three leaders of the Peruvian Shining Path guerrilla group have been indicted in New York on drugs, weapons, and terrorism charges. They are accused of cocaine trafficking and committing terrorist acts against Peruvian -- not American -- civilians and military personnel. They are Florindo Flores Hala, also known as Comrade Artemio, and Victor and Jorge Quispe Palomino. Flores Hala is in custody, but the Quispe Palomino brothers are not. Among other things, they are charged with providing material support to a terrorist organization, i.e. themselves.

ACLU Sues Massachusetts SWAT Teams for Refusing to Release Public Records. The ACLU of Massachusetts has filed a lawsuit against SWAT teams in the state after they refused to release records sought in a freedom of information request. The SWAT teams are making the novel legal argument that they are not required to comply because the law enforcement councils that operate them are not public entities, but private, not-for-profit groups. Click on the link for a lengthy article on the issue.

International

Afghanistan's Central Asian Neighbors Complicit in Drug Trade, Report Says. About the only substantive cooperation between Afghanistan and its Central Asian neighbors comes in turning a blind eye to the opium and heroin trade, according to a new report from Afghanistan Analysts. The report is Between Cooperation and Insulation: Afghanistan'sa Relations With the Central Asian Republics.

Chronicle AM -- July 2, 2014

The Louisiana State Bar goes where the state legislature wouldn't, the Florida medical marijuana initiative gets a big cash donation, the CDC issues an eye-opening report on opioid prescribing, some Vancouverites celebrate Canada Day with an illegal open marijuana market, and more. Let's get to it:

According to the CDC, 46 people a day die of prescription opiate overdoses. (wikimedia.org)
Marijuana Policy

Iowa State NORML Sues School Over Ban on Use of Marijuana Image. ISU NORML yesterday filed a lawsuit against the university charging that administrators violated its First Amendment rights by blocking the group from using the university's mascot on their t-shirts because the t-shirts also included a marijuana leaf. The "overbroad" trademark decision effectively censors the group's goal of "challenging the orthodoxy that marijuana use should be prohibited." The university initially approved the design, but withdrew approval after getting negative feedback from the public.

Louisiana State Bar Backs Marijuana Reform. The Louisiana State Bar Association has approved a resolution backing efforts to classify simple possession of marijuana as a misdemeanor, rather than a felony. An effort to pass a similar bill failed this year in the state legislature.

Medical Marijuana

John Morgan Kicks in Another $4 Million for Florida Initiative. Prominent Florida attorney and Amendment 2 initiative backer John Morgan has contributed another $4 million of his own money to ensure the medical marijuana initiative wins in November. Because the initiative is a constitutional amendment, it needs 60% of the vote to pass.

New Jersey Legislator Files Medical Marijuana Fix Bill. Assemblywoman Linda Stender (D-Union) has filed a bill to fix the state's medical marijuana program, which she describes as "broken." The bill would allow patients to grow their own supplies, remove caps on the number of dispensaries, expand the list of qualifying diseases, and remove some of the law's most rigid provisions. The bill is not yet available on the legislature's web site.

High Support for Medical Marijuana in Pennsylvania Poll. The latest Franklin & Marshall College Poll has support for medical marijuana at 84% in the Keystone State. That's up three points over the same poll six months ago, and up eight points from eight years ago. A medical marijuana bill is currently pending in the state Senate.

In Massachusetts, No Tax on Medical Marijuana -- Yet. Legislators in Boston Tuesday voted not to approve taxes on medical marijuana, but instead to send the proposal to study, which generally means it's dead. The vote came in the Revenue Committee.

Prescription Drugs

New CDC Report on Opioid Prescribing. A new Centers for Disease Control and Prevention (CDC) report, Opioid Painkiller Prescribing: Where You Live Makes a Difference, finds that Americans were prescribed 259 million bottles of opioid pain relievers in 2012, but that there is great regional variety in levels of pain reliever prescribing. Doctors in Alabama, for example, wrote opioid prescriptions at a rate three times higher than those in Hawaii. The highest prescribing rates are generally in the Deep South and the Appalachian Midwest. Forty-six people die every day from prescription opioid overdoses, but efforts to restrict access to opioids in some states have managed to lower deaths. The report did not address the the possible impact of such restrictions on undertreatment of pain.

International

Australian Octogenarian Drug Reformer Named Victorian of the Year. Professor David Penington, 84, who has called for marijuana and ecstasy to be legalized and who heads a committee advising the Victoria state government on drug policies, has been named Victorian of the Year at a national ceremony in Melbourne. "At the age of 84 I was really looking forward to genteel disappearance from the scene," he said, adding that he would use his new honor to continue to push for drug refom. "The reality is that prohibition just hasn't worked for 100 years and the problems are getting worse," Professor Penington said. "We've got to find better ways to handle illicit drugs."

Canada Day Marijuana Street Market in Vancouver Goes Unimpeded. As our northern neighbor celebrated its national holiday yesterday, a street market outside the Vancouver Art Gallery offered up hash brownies and fudge, as well as dime bags and joints of BC bud, despite such acts being illegal. Vendors said the market was a protest "to legalize marijuana." A Vancouver police officer watching the scene from his bicycle said he was there in case anyone needed help, but that police would not stop anyone from selling marijuana.

An Industry Emerges: The NCIA Cannabis Business Summit in Denver [FEATURE]

The exhibition hall in the Denver Convention Center last week was a wonder to behold. Automated, high-capacity marijuana trimming machines. Industrial strength cannabis oil extraction devices. Marijuana real estate specialists. Marijuana accountants. Marijuana attorneys -- real estate, intellectual property, contracts. Marijuana consultants. Marijuana investment advisers. Point-of-sale marijuana sales tracking systems. Chemical testing companies. Vaporizer sellers. Odor-proof bag producers. Automated rolling machine makers. Anything and everything to do with the business of legal marijuana. All in a high-gloss trade show environment.

It was the National Cannabis Industry Association's (NCIA) Cannabis Business Summit, which brought more than 1,200 registrants to the state capital that for now at least is also the capital of legal marijuana. And it represents a new phase in the evolution of marijuana policy.

This is not your father's marijuana movement. There were lots of men in dark suits and ties, lots of women in snappy professional attire. A few dreadlocks here and there, but only a few. And nary a tie-dye to be found. There wasn't a whole lot of talk about how "We have to free the weed, man;" although social justice including ending prohibition came. up. There was a whole lot of talk about business opportunities, investment strategies, and how to profit from crumbling pot prohibition, as well as the dangers and pitfalls facing would-be entrepreneurs in an industry still illegal under federal law.

The legal marijuana industry has been bubbling up for awhile now, building from the quasi-legalization that is medical marijuana in Wild West California and the more regulated, but still thriving medical marijuana industry in states like Colorado, Oregon, and Washington. In the past decade or so, the High Times Cannabis Cup has evolved from a November trip to Amsterdam to a virtual traveling circus of all things pot-related. And marijuana trade expos have drawn crowds in the tens of thousands.

But one can reasonably argue that last week's Cannabusiness Summit represents the maturation of marijuana as an All-American business opportunity. With Colorado this week beginning to accept applications from people who don't represent medical marijuana dispensaries (for the first six months of commercial legalization, only operating dispensaries could apply) and Washington state set to see its first retail marijuana operations next week, the era of legal marijuana is truly upon us. And it's likely to continue to expand, with Alaska, Oregon, and Washington, DC, poised to join the ranks of the legalizers after elections later this year.

Talking up the product in the exhibition hall.
The Cannabis Business Summit was, unsurprisingly, mainly about the nuts and bolts of operating a legal marijuana business. It could have been any industrial trade show and conference, except this was about weed. Panels covered topics such as "Grow 101: Cultivation Facility Build-Out and Management Best Practices," "Advanced Cultivation: Scalability, Sustainability, and Growth Management," "Protecting Your Investment: Risk Management and Insurance for the Cannabis Industry," and "International CannaBusiness Opportunities." And that was just session one of day one.

Marijuana is an industry on a roll, and the NCIA can point to its own success as exhibit one.

"We now have over 600 marijuana business members, and that has doubled since January," said NCIA founder and executive director Aaron Smith in a keynote speech. "When Steve Fox and I started the NCIA in 2010, we had 20 members. Investors and entrepreneurs are rushing into this new space."

That, in turn, is allowing NCIA to expand its operations, Smith said.

"We're seeing more experienced business people because they understand what a trade association is," Smith explained. "So we've been able to staff up, we have a full-time DC lobbyist, which is a first for the industry, and we've already contacted every congressional office on the Hill and had sit-down meetings with half the House offices and 30 Senate offices. We're also attending campaign fundraisers on behalf of the NCIA."

Although the conference was all about business, Smith made clear that the NCIA had not forgotten that these business opportunities have come about because of a decades-long movement for social justice and human liberation around marijuana policy.

"We have to acknowledge those who came before us," he told his audience of businesspeople. "Before we were an industry, we were a movement, and we are still a social movement. The growth of this new industry will drive the final nail in the coffin of marijuana prohibition, so that no one is put in a cage for using a beneficial, extremely therapeutic herbal product ever again."

NCIA executive director Aaron Smith gives a keynote address.
The industry has to put its best face forward, Smith said.

"We are still under scrutiny, the world is watching Colorado and Washington, as well as the medical marijuana states, and we have to lead by example," he said. "Be a good neighbor and corporate citizen. Reach out to neighborhood associations and work with them. Contribute to the community. Be a model citizen. Be professional. Don't use marketing you wouldn't want your mother to see."

Smith wasn't the only NCIA officer to warn the industry it needed to watch its step. NCIA deputy director Taylor West had more words of wisdom in a session on marketing and communications.

"This is a cultural movement in the midst of an enormous wave, and we have the opportunity to define an idea on the rise, to be responsible, and to do the education around that," she said. "We are building an industry from scratch, and we have to take this opportunity to make this an industry that's not like every other industry."

That requires some maturity within the industry, the communications specialist said as she displayed tacky advertising images of scantily clad women covered in marijuana buds.

"Responsible branding is important," West noted. "Don't screw it up for everybody. We don't have a rock-solid foundation, and we're still very vulnerable from a public opinion and policy standpoint. Don't market to children and don't market like children," she said. "We're like the wine industry or craft beers or wellness. No one is ever drunk in a wine commercial. And," she said, pointing to the tacky ads, "don't alienate half the population."

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the summit
There are many issues facing the nascent marijuana industry, but both the conference agenda and the talk in the corridors made it clear that the federal tax issue takes center stage. Under current federal law, marijuana remains illegal, and that means marijuana businesses cannot take standard business tax deductions under an Internal Revenue Service (IRS) provision known as 280E.

"This law must be changed, and this law can be changed. If Obama won't do it, we will do it for them," said marijuana tax attorney Henry Wykowski before heading deep into the weeds in a discussion of the intricacies of dealing with 280E.

"There is legislation to address this," said NCIA Capitol Hill lobbyist Mike Correia, pointing to Rep. Earl Blumenauer's (D-OR) House Resolution 2240, the Small Business Tax Equity Act of 2013.

But it's unlikely to go anywhere anytime time soon, Correia said. The congressional bill tracking service GovTrack.us agrees, giving the bill zero percent chance of passage this session.

"This is sitting in Ways and Means," Correia explained. "It's a Democratic bill in a Republican-controlled House, and the committee chairman is not a fan."

There is one back-door possibility for moving the bill, though, the lobbyist said.

"Every few years, the Congress addresses aspiring tax breaks," he noted. "They usually pass it in the middle of the night when no one is watching. I hope to have 280E provisions inserted into a bigger tax bill, but we need to get Republicans to support it. The Ways and Means members are not from marijuana-friendly states, so it's hard to get traction, but next year, Paul Ryan (R-WI) will be chair, and he could be more responsive."

The nascent marijuana industry has other issues, of course, but the Denver conference was a strong signal that the marijuana movement is indeed mutating into a marijuana industry. The power of American entrepreneurialism is very strong, and it looks like it's about to run right over the remnants of marijuana prohibition.

But the industry needs to remember that while we now have legal marijuana in two states, there are still 48 states to go. For people in Alabama or South Dakota or Utah, for example, the issue is not how much money you can make selling marijuana (or marijuana-related products or services), but the criminal -- and other -- consequences of getting caught with even small amounts. If the industry is indeed the movement, it needs to be putting its money where its mouth is to finish the work that remains to be done.

Denver, CO
United States

Chronicle AM -- July 1, 2014

July 1 sees new drug-related laws and regulations going into effect in various places, a University of Arizona researcher falls victim to anti-medical marijuana politics, Massachusetts is cracking down on caregivers, Ohio activists give up on a medical marijuana (and hemp) initiative this year, and more. Let's get to it:

Legal marijuana purchaser eyes the products on offer. (Sandra Yruel/Drug Policy Alliance)
Marijuana Policy

Colorado Marijuana Legalization Enters New, Expansive Phase. As of today, any state resident can apply to open a marijuana retail outlet in Colorado. Until now, only owners of already existing medical marijuana dispensaries could apply. It is expected that this new phase of the state's marijuana legalization experience will add hundreds of new marijuana-related businesses in the state.

Berkley, Michigan, Decriminalization Petitioners Hand in Signatures Today. Campaigners for a municipal decriminalization initiative in Berkley plan to turn in 700 signatures today. Berkley is one of about 20 Michigan towns where Safer Michigan is working to get similar initiatives on the ballot for either the August or November elections. Local ordinances that ease penalties for possessing marijuna already are on the books in Ann Arbor, Detroit, Ferndale, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing and Ypsilanti.

Medical Marijuana

University of Arizona Fires Medical Marijuana Researcher. The University of Arizona has abruptly fired Dr. Suzanne Sisley, who months earlier had received approval from the federal government to study the effects of medical marijuana on people suffering from PTSD. Now, her research is in jeopardy, and she is blaming state legislators who threatened university funding after her research plans made the news. "This is a clear political retaliation for the advocacy and education I have been providing the public and lawmakers," Sisley said. "I pulled all my evaluations and this is not about my job performance."

Massachusetts Crackdown on Caregivers. The state Department of Public Health has sent letters to more than 1,300 patients and 17 caregivers warning that state regulations bar caregivers from selling marijuana to more than one patient. Caregivers are the only legal avenue for patients to buy medical marijuana until dispensaries open, and that won't happen until November at the earliest. The move has forced Bill Downing, the operator of Yankee Care Givers, which supplies an estimated 1,000 patients to quit selling medical marijuana. He is urging patients to join him in a lawsuit challenging the state's interpretation of the law. "DPH is more concerned with their regulations than they are with the well-being of the citizens of Massachusetts," Downing said.

Low-THC, High-CBD Medical Marijuana Laws Go into Effect in Iowa, Utah. At least two of the states that passed limited, low-THC, high-CBD medical marijuana laws this year see those laws go into effect today. Those states are Iowa and Utah. It is unclear what impact those laws will have or how many people they will help.

Vermont Medical Marijuana Improvements Go into Effect Today. A medical marijuana improvement bill, Senate Bill 247, goes into effect today. The new law eliminates the cap of 1,000 patients who may access dispensaries, allows naturopaths to certify patients, and allows dispensaries to deliver marijuana to patients. It also authorizes a study of whether PTSD should be added as a qualifying condition.

Ohio Medical Marijuana Initiative Gives Up on 2014. Medical marijuana won't be on the ballot in the Buckeye State this year. The campaign by the Ohio Rights Group needed 385,000 valid voter signatures to qualify for the ballot this year, but had only 100,000. The good news is that those gathered signatures are still good in future years and can supply a starting point for a new campaign down the road. The initiative would also have legalized hemp production.

Drug Testing

Tennessee Food Stamp Drug Testing Law Goes into Effect. A law passed in 2012 that mandates drug testing for food stamp applicants if state workers have reason to believe they are using drugs goes into effect today. The ACLU of Tennessee is not happy: "This law singles out limited-income people and requires them to submit to humiliating and intrusive searches of their bodily fluids because they need temporary help making ends meet," said Hedy Weinberg, state director for the ACLU. "Research indicates that TANF recipients are no more likely to use illicit drugs than farmers, veterans, and students, who also receive government support. ACLU-TN wants to hear from any potential TANF recipients who do not want to submit to the required drug testing." The ACLU of Tennessee also has a web page for those who need help dealing with the law.

Sentencing

Rep. Keith Ellison is Latest Cosponsor of Smarter Sentencing Act. The Smarter Sentencing Act (House Resolution 3382) has picked up another cosponsor, Rep. Keith Ellison (D-MN). The measure now has 42 cosponsors -- 28 Democrats and 14 Republicans. The bill remains stuck in the House Judiciary Committee, where it has been sitting since October.

International

Mexican Soldiers Kill 22 Cartel Members in Michoacan Confrontation. The Mexican Army reported that it killed 22 members of the La Familia Michoacana cartel after soldiers on patrol in Tlatlaya, Michoacan, came under fire from cartel gunmen.

Another Mexican Town Tries to Ban Narcocorridos. Ciudad Obregon, Sonora, in northwest Mexico has banned the playing or performing of narcocorridos, the border ballads that glorify drug traffickers and recount their adventures. The ban follows the killing in the city of a narcocorrido singer from Phoenix, Tomas Tovar Rascon. But more than a year ago, the Mexican Supreme Court overturned a similar ban in the state of Sinaloa, so it is unlikely this ban could withstand a legal challenge -- if anyone brings one.

Chronicle AM -- June 30, 2014

The Big Dog opines on marijuana, a California sentencing reform initiative qualifies for the ballot, the DC legalization initiative looks poised to make the ballot, municipal decrim initiative campaigns are underway in New Mexico's largest cities, the drug war is driving grand jury indictments in an East Texas county, and more. Let's get to it:

Bill Clinton is ready to let the states experiment on marijuana policy. (wikimedia.org)
Marijuana Policy

DC Legalization Initiative Poised to Make Ballot. The DC Cannabis Campaign is reporting that it has gathered more than 60,000 signatures to place its initiative to legalize home-growing and possession of marijuana on the November ballot. It only needs 22,600 valid voter signatures to qualify. The signature-gathering period ends next week.

Albuquerque, Santa Fe Decriminalization Initiatives Begin Signature-Gathering. Organizers of municipal decriminalization initiatives in Albuquerque and Santa Fe, New Mexico, began signature-gathering last Saturday. The Drug Policy Alliance's political action arm, Drug Policy Action, is behind the effort. Some 5,700 signatures are needed in Santa Fe and 11,000 in Albuquerque.

Bill Clinton Talks Pot. Former President Bill Clinton was asked on Meet the Press Sunday whether "giving pot a chance" would help governments raise revenue. Here's his response: "Rocky Mountain high?" Clinton quipped. "Look, I think there's a lot of evidence to argue for the medical marijuana thing. I think there are a lot of unresolved questions, but I think we should leave it to the states, if there really is a time when there should be laboratories of democracy because nobody really knows where this is going. Are there adequate quality controls? There's pot and then there's pot. What's in it? There's all these questions, and I think that I like where it is now. If a state wants to try it, they can. And then they'll be able to see what happens."

Washington State Faces Marijuana Shortages, High Prices. With the first retail marijuana shops slated to open in less than 10 days, Washington state is facing a legal marijuana shortage, which is expected to drive up prices. Only 79 of the more than 2,600 people who applied for growing licenses have been approved, and many of them aren't ready to harvest. Pounds being sold to retailers now are going for as much as $4,000, which comes out to $9 a gram before taxes. After a retailers' mark up, the 25% excise tax, and state and local sales taxes, gram prices could be in the $15-20 range -- above the price on the black market.

Medical Marijuana

Oklahoma Medical Marijuana Initiative Has More than 75,000 Signatures. The constitutional amendment medical marijuana initiative sponsored by Oklahomans for Health now has 75,000 raw signatures. The group needs 156,000 valid voter signatures to qualify for the November ballot. They have until August 17 to come up with more.

California Medical Marijuana Regulation Bill Advances, But Needs Work. A bill to regulate California's medical marijuana industry, Senate Bill 1262, passed the Assembly Public Safety Committee last Friday, but is described as "unworkable, incoherent, and unacceptable to most advocates." Committee approval was conditioned on working out the problems before hearings in the Appropriations Committee in August.

Sentencing

California Sentencing Reform Initiative Qualifies for November Ballot. The Safe Neighborhoods and Schools Act sentencing reform initiative has qualified for the November ballot, the secretary of state's office announced last Friday. Backed by San Francisco DA George Gascon and San Diego Police Chief William Landsdowne, the initiative would defelonize some drug possession offenses, as well as making some other crimes misdemeanors instead of felonies.

Law Enforcement

Drug War Accounts for Big Chunk of Upshur County, Texas, Grand Jury Indictments. The Upshur County Grand Jury returned its latest batch of indictments last week, and of the 26 indictments, 11 of them (43%) were for drug charges. Of the drug charges, six were possession of methamphetamine, three were meth sales, and two were for cocaine sales.

International

Crackdown on Anti-Cartel Vigilantes in Michoacan, Mexico. Mexican soldiers and police arrested 83 suspected vigilantes last Friday in Michoacan after they encountered them carrying unauthorized weapons. Among those arrested was Dr. Jose Manuel Mireles, one of the founders of the vigilante groups, which formed in response to harassment, extortion, and lawlessness perpetrated by the region's Knights Templar cartel. The vigilantes were supposed to have joined rural police forces, but Mireles and his men had not done that and had instead begun organizing a new vigilante group. He and his men were arrested when they set up roadblocks around the port city of Lazaro Cardenas.

Zambian Government Says No Marijuana Legalization. Responding to increasing calls for marijuana legalization to improve the economy, the government says no way. Home Affairs Minister Ngosa Simbyakula said last Friday that the government remains determined not to legalize marijuana. It would encourage drug use in the country, he said.

Chronicle AM -- June 27, 2014

Things are looking good after legalization in Colorado, a medical marijuana bill moves in Pennsylvania, food stamp drug testing is on hold in Mississippi, hash battles break out in Libya, and more. Let's get to it:

Marijuana Policy

DPA Issues Report on Six Months of Legal Marijuana Sales in Colorado. Crime is down, tax revenues are up, and the marijuana industry is generating thousands of new jobs in Colorado, according to a new report from the Drug Policy Alliance. The report is Status Report: Marijuana Regulation in Colorado After Six Months of Retail Sales and 18 Months of Decriminalization.

Medical Marijuana

Pennsylvania Senate Committee Approves Medical Marijuana Bill. The state Senate Law and Justice Committee voted unanimously yesterday to approve Senate Bill 1182, which would allow qualified patients to obtain marijuana through dispensaries, but not grow their own. Neither could patients smoke their medicine, but they could use edibles or vaporize it. Now, the bill is on to the Appropriations Committee and, if it passes there, a Senate floor vote. Companion legislation in the House has yet to move.

Tulsa Medical Marijuana Petitioners Say Tulsa Cops Backed Off After They Went Public. Signature-gatherers for the Oklahomans for Health medical marijuana initiative report they are no longer being harassed by Tulsa Police after they went public with their complaints. Police had, on several occasions, stopped and investigated petitioners, at least twice after purportedly receiving complaints they were selling or smoking marijuana. The group hasn't had any formal response from Tulsa Police or city officials, but they are no longer being harassed, they said.

Drug Testing

Mississippi Food Stamp Drug Testing Implementation Delayed. A Mississippi law approved this year that would require food stamp applicants to be subject to drug testing is being delayed. It was supposed to go into effect July 1, but will be held up pending a public hearing set for July 22. The delay comes thanks to ACLU of Mississippi and the Mississippi Center for Justice, which challenged the start-up on grounds that it violated the state's administrative procedures law.

Methamphetamine

Michigan Governor Signs Package of Meth Bills. Gov. Rick Snyder (R) Thursday signed into law three bills increasing the criminalization of methamphetamine users and producers. One makes it a crime to purchase pseudoephedrine knowing it will be used to make meth, another makes it a crime to solicit someone else to do so, and the third specifies that the second mandates a 10-year prison sentence. Click on the link for more bill details.

International

Are the Latin American Drug Cartels on the Wane? Council on Hemispheric Affairs analyst Claudia Barrett has penned a provocative analysis suggesting the era of the cartels may be coming to an end. The piece is The Breakdown of Cartel Culture -- An Analysis.

Reductions in Coca Cultivation Don't Necessarily Mean Less Cocaine. The Global Post has a think piece on the reported decline in coca production and why it doesn't necessarily mean cocaine supplies are decreasing. Click on the link to read it.

Libya Hash Bust Sparks Deadly Battle. A hash bust in Benghazi last Saturday erupted into a pitched battle when armed gunmen attacked government forces who were destroying a major stash of hash seized from a cargo ship. At least seven people were reported killed. Government officials accused Al Qaeda of being involved.

Tunisia Will Reform Its Drug Laws. Tunisia is going to revamp its drug laws, a vestige of the Zine El Abidine Ben Ali dictatorship. The North African country has some 25,000 people in prison for drug offenses. Current laws don't differentiate between hard and soft drugs and require mandatory minimum prison sentences for any drug offense. A commission is expected to submit to parliament this summer an amended law that does away with the mandatory sentences of one-to-five years for drug possession.

New Zealand Poll Has Majority for Marijuana Reform. A majority of New Zealanders polled in a recent survey support reforming the country's marijuana laws. The New Zealand Herald-DigiPoll had 32% supported decriminalization and another 22% wanting it completely legalized, while 45% were opposed to any reform. Even among members of the ruling National Party, which opposes reform, 45% supported decrim or legalization.

Chronicle AM -- June 26, 2014

It's UN anti-drug day, and protests to mark it are going on in at least 80 cities around the world, House Republicans move to block DC decrim, the Oregon legalization initiative looks set to make the ballot, the ACLU has a strong new report out on SWAT teams, and more. Let's get to it:

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the NCIA summit
Marijuana Policy

Cannabis Business Summit Draws Big Crowd in Denver. More than 1,200 people attended the Cannabis Business Summit sponsored by the National Cannabis Industry Association in Denver this week. Look for a Chronicle report on it in coming days.

Oregon Legalization Initiative to Hand in Signatures Today. It looks like Oregonians will vote on marijuana legalization this November. The New Approach Oregon initiative campaign will hand in 145,000 signatures to state officials today; they only need some 87,000 valid ones to qualify for the ballot.

House Committee Votes to Block Decriminalization in DC. The House Appropriations Committee yesterday passed an amendment to the 2015 Financial Services and General Government Appropriations bill intended to prevent the District of Columbia from implementing its recently passed law decriminalizing the possession of marijuana. It also has the potential to end the District's medical marijuana program. The amendment, offered by Rep. Andy Harris (R-MD), passed by a vote of 28-21. Reform advocates will seek a floor vote to remove this amendment from the bill when it proceeds to the House floor.

No Vote on Legalization in the Rhode Island Legislature. The 2014 legislative session has ended without the Marijuana Regulation, Control, and Taxation Act never coming up for a vote. Maybe next year.

Oakland Shuts Down a Trio of Measure Z Speakeasies. For the past decade, recreational marijuana retail outlets have quietly operated in Oakland, protected by Measure Z, which makes the private use of marijuana by adults law enforcement's lowest priority. But in recent weeks, Oakland police have raided and shut down three of the speakeasies. The police say their enforcement actions are driven by complaints.

Sentencing

Two More Cosponsors for the Smarter Sentencing Act. The Smarter Sentencing Act has picked up two more cosponsors, bringing the total to 41, 27 Democrats and 14 Republicans. The latest cosponsors are Rep. Ann Kuster (D-NH) and Rep. Katherine Clark (D-MA).

Senate State and Foreign Operations Funding Bill to Include Sentencing Reform Language. Advocates working with Senate Judiciary Chair Pat Leahy's (D-VT) office report that the Senate committee report on the issue will include language making sentencing reform part of US foreign policy and an issue the State Department promotes when working on police training and judicial reform in other countries. Click the link to read the language.

Law Enforcement

ACLU Issues Report on Militarization of American Policing. The American Civil Liberties Union has released a new report on the excessive militarization of American policing, War Comes Home. The report concentrates on the use of SWAT teams, and fnds that 80% of SWAT deployments were not hostage rescue or other dangerous missions, but to serve search warrants, mainly for drugs. The report also examines the abuses associated with SWAT teams. This is strong stuff.

International

Global Demonstrations Against Drug War Today Mark UN Anti-Drug Day. Protestors in at least 80 cities around the world are taking the opportunity of UN anti-drug day to call not for more drug war, but for less. Click on the link for more details.

British Khat Ban Now in Effect. The British ban on the East African herbal stimulant plant khat has now gone into effect. There are fears the Somali community will be targeted and that a black market will now emerge.

British Doctors Reject Marijuana Legalization, Urge Cigarette Ban for Those Born After 2000. Meeting at their annual conference, members of the British Medical Association rejected a proposal to call for legalizing marijuana, but voted in favor of a ban on cigarettes for people born after 2000. The BMA's rejection of legalization was "both unscientific and unethical," said Steve Rolles of the Transform Drug Policy Foundation.

Uruguay's First Grower's Club Begins Registration Process. The Association of Cannabis Studies of Uruguay has registered to become the first officially recognized marijuana growing club in the country. The club headed by Laura Blanco will have 40 members. Joining a club and enjoying the fruits of collective grows is one of three ways to legally obtain marijuana under Uruguay's new law. The other options are registering to buy it from pharmacies or growing your own individually.

Mexico Wants More Black Hawk Choppers for Anti-Drug Activities. Mexico has formally requested to purchase five UH-60M Black Hawk helicopters for it war on drugs. The choppers are to be equipped with GPS/inertial navigation systems, forward-looking radar systems, and 10 7.62mm machine guns each. The proposed deal would be worth an estimated $225 million

House Committee Votes to Block DC Decrim

The GOP-dominated House Appropriations Committee stuck a thumb in the eye of democratic governance in the nations capital this morning. The committee voted to prevent the District of Columbia from implementing marijuana decriminalization approved by the District government. 

The move came in the form of an amendment to the District appropriations bill by Rep. Andy Harris (R-MD). It passed on a vote of 28 to 21.

The amendment could also threaten the District's medical marijuana program.

Speaking of the District's medical marijuana program, this vote today brings back some bad memories. DC voters overwhelmingly approved medical marijuana in 1998, but, thanks to a measure similar to today's amendment, Congress blocked it for nearly a decade. It wasn't until 2009, with Democrats in control of the House, that the block was lifted. 

The Marijuana Policy Project (MPP) says it and other advocates will seek a floor vote to strip this amendment from the appropriations bill. It would seem to go against the spirit of a House that less than a month ago voted to prevent the Justice Department from enforcing federal marijuana laws against patients and providers in compliance with state medical marijuana laws.

Here's what MPP director of federal policies Dan Riffle had to say:

“The District of Columbia wisely decided to use stop wasting its own resources enforcing ineffective and racially biased laws and to allow those with serious illnesses whose doctors recommend it to use medical marijuana. Unfortunately, unlike every state in America that gets to determine its own laws, Washington, D.C. laws are reviewed by Congress where Washington, DC residents have no voting representatives," he said.

“Marijuana is significantly less harmful than alcohol, and polls clearly show most Americans want to see it treated that way. We’ll do everything we can to restore democracy in D.C. and ensure this regressive amendment is rejected when it is considered by the full House. Mr. Harris’s antiquated, unscientific views on marijuana should be his constituents’ problem, not the District of Columbia’s,” he vowed.

Location: 
Washington, DC
United States

Chronicle AM -- June 24, 2014

Your fearless reporter has been traveling, so the schedule is off, but the drug policy news continues. Paul Stanford calls it quits in Oregon, pot shops are coming within days in Washington, an Alabama drug task needs to reconsider its priorities (or maybe the people funding it need to reconsider theirs), and more. Let's get to it:

Coming soon to a store near you -- if you live in Washington state.
Marijuana Policy

Paul Stanford Pulls Plug on Oregon CRRH Initiative. Paul Stanford, the man behind the Campaign for the Restoration and Regulation of Hemp legalization initiatives, announced Friday that had given up the effort to qualify for the November ballot. That leaves the New Approach Oregon initiative, which is well over 100,000 signatures. It needs some 87,000 valid voter signatures to qualify, and the campaign still has another week to get more signers.

Washington State Liquor Control Board Says First Marijuana Retail Stores Will Open July 8. The board, which is charge of legal marijuana commerce, said it will issue the first licenses July 7, but that the licensees would have to spend that first day getting their product into their store tracking programs.

Medical Marijuana

Rhode Island Legislature Amends Medical Marijuana Law. The legislature has amended the state's medical marijuana law to require national criminal background checks on all caregiver applicants and the mandatory revocation of the caregiver registry ID cards for those convicted of a felony. The bill, House Bill 7610, won final approval by the Senate last Friday. It also allows landlords not to lease to cardholders who want to grow and imposes weight, plant, and seedling limits on growing co-ops.

Collateral Consequences

Missouri Governor Signs Bill to End Food Stamp Ban for Drug Felons -- With Conditions. Gov. Jay Nixon signed into a law a bill that would allow people with drug felonies to obtain food stamps, but only if they submit to drug tests and an assessment to see if they need drug treatment, which they must enroll in and complete if they are determined to need it. The bill is Senate Bill 680. The 1996 federal welfare reform law banned drug felons from obtaining food stamps, but allowed states to opt out. By now, more than 30 have.

Opiates

Federal Bill Targeting Heroin, Prescription Opiates Filed. US Sens. Kelly Ayotte (R-NH) and Joe Donnelly (D-IN) have filed legislation that seeks to respond to rising levels of opiate use by creating a "Pain Management Best Practices Inter-Agency Task Force" to develop prescribing practices that aim to ensure "proper pain management for patients, while also preventing prescription opioid abuse." Along with federal agencies such as HHS, Defense, the VA, and the DEA, the task force would include treatment providers, people from pain advocacy groups and pain professional organization, and experts in pain research and addiction research. Pain advocates will be watching carefully. The bill, Senate Bill 2504, would also provide grants to expand prescription drug monitoring programs.

Law Enforcement

Texas to Spend $1.3 Million a Week on "Border Surge" Aimed at Immigrants, Drugs. Using the influx of underage immigrants across the US-Mexican border as a jumping off point, Texas authorities announced last week they plan to spend $30 million this year tightening border security, with a major emphasis on law enforcement and cutting drug flows. Gov. Rick Perry (R) has also asked President Obama to send a thousand National Guard troops, to be joined by hundreds of Texas troopers Perry is deploying to the border. What this will mean on the ground is more troopers patrolling the highways, more surveillance, more undercover operations -- in an area already sinking under the weight of the billions spent beefing up border security since 9/11.

Alabama Drug Task Force Gets Busy With Chump Change Drug Round-Up. The West Alabama Narcotics Task Force based in Tuscaloosa arrested 24 people last Friday in a round-up that "stemmed from multiple ongoing investigations." But they were almost entirely charges like "unlawful sale of marijuana within three miles of a school" ($30,000 bond), "unlawful possession of drug paraphernalia" ($5,000 bond), and "unlawful possession of marijuana" ($15,000 bond). Only five of the charges didn't involve marijuana, and of those, three were for possession of a controlled substance, two were "unlawful sale of cocaine within three miles of a school," and one was for "interfering with government operations."

International

Vietnam Upholds Death Sentences for 29 Drug Smugglers. A Vietnamese appellate court last Thursday upheld the death sentences for 29 people convicted. The court reduced one other death sentence in the case to life in prison. The sentences came in what is Vietnam's largest heroin case ever, with 89 defendants and 1.5 tons of heroin involved.

Bolivia Coca Cultivation Drops to 11-Year Low. Coca cultivation declined 9% in Bolivia last, reaching the lowest level since 2002, according to the annual Bolivian coca survey conducted by the UN Office on Drugs and Crime (UNODC). This is the third straight decline, in line with the Bolivian government's commitment to reduce production to 50,000 acres by 2015. The 2013 crop was about 55,000 acres.

British Medical Association to Debate Legalizing Marijuana. Britain's largest doctors' organization will debate a motion calling on it to legalize marijuana as its Annual Representatives Meeting continues this week after a weekend hiatus. "The current law isn't working and only by adopting a different approach can we regulate, educate and exert a level of quality control," the motion says. "Cannabis use should be treated primarily as a health issue, not a criminal justice issue."

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