Opium Production

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Guatemala Considers Legalizing Opium Growing for Medicinal Market

Guatemalan President Otto Perez Molina and other government officials said repeatedly this week that they are considering legalizing and regulating opium poppy production in areas where it is already being grown illicitly.

"We started exploring the capacity that we could have for controlled planting," said Perez Molina. "What that means is that we would know exactly what extensions are being planted, what the production would be and that the sale would also be well controlled, especially for medicinal use."

Interior Minister Mauricio Lopez said the government was considering both regulated legal cultivation and alternative development.

"There are two paths, one is cultivated substitutes, and the other is the alternative which is controlled cultivation," Lopez explained. "This is what is already being done in other countries such as India and China, that is to say identifying hectares clearly, seeing how they are grown, carrying out the harvest, taking control of the commercialization and above all making sure this serves mainly the pharmaceutical industry."

Lopez noted that Guatemalan security forces have had 25 years of experience eradicating opium poppies, but that the impact had been "relative."

Guatemalan poppy production is centered in the department of San Marcos, near the Mexican border.

According to the Guatemalan media outlet Prensa Libre, the idea is one of a number of drug reform proposals made to the government by Amanda Fielding of the Beckley Foundation, a British drug reform group that established an office in Guatemala last year.

Perez Molina has been a leading, vocal advocate of reassessing the global drug prohibition framework, especially as it applies to Latin America. But this is the first time his administration has hinted at a concrete "outside the box" proposal, even if only a little outside the box.

Guatemala

Guatemala Considers Legalizing Opium Growing

Guatemalan President Otto Perez Molina and other government officials said repeatedly this week that they are considering legalizing and regulating opium poppy production in areas where it is already being grown illicitly.

That's something of a surprise, but perhaps it shouldn't be. According to a Guatemalan press report, the proposal is one of a group of reform recommendations made by Amanda Fielding of the Beckley Foundation, the British drug reform and legalization group, which has had an office in the country since last year. 

Perez Molina has been talking a good game about alternatives to prohibition--and he just days ago stuck up for Uruguay in the wake of criticism of its marijuana legalization--but he has yet to actually do anything dramatic. This could be it.

I'll write more about this interesting development during the daylight hours.

In the meantime, a Spanish-language article from Prensa Libre is available here.

And there's an English-language article from Newsroom Panama available here.

Location: 
Guatemala

Chronicle AM -- December 18, 2013

They may be smoking more pot in Washington state than anyone thought, the Florida medical marijuana signature-gathering campaign is going down to the wire, opium production is up in the Golden Triangle, and aerial eradication is down in Colombia (after planes get blown out of the sky). And more. Let's get to it:

Aerial spraying of coca plants is on hold in Colombia after the FARC shot down two planes this fall. (wikimedia.org)
Marijuana Policy

Reason-Rupe Poll Has Support for Marijuana Legalization at 49%. In the latest Reason-Rupe poll, 49% of respondents favored legalizing marijuana, with 47% opposed. That puts it on the low side of recent polls on the topic, most of which are now showing majorities for legalization now. The poll found majority support among Democrats (55%) and independents (51%), but not Republicans (37%). Click on the link for more demographic and methodological details.

NYC Lobbyist Forms Marijuana Legalization PAC. The New York City lobbying and consulting firm Sheinkopf LTD, headed by Hank Sheinkopf, has registered a political action committee to advocate for marijuana legalization. The "Legalize Now" PAC was registered this week with the New York State Board of Elections. Both medical marijuana and legalization bills are pending in the legislature.

Washington State Marijuana Consumption Twice Previous Estimate, RAND Says. Marijuana consumption is about twice as much as officials had previously thought, according to a new RAND Corporation study. Consumption had been estimated to be about 85 metric tons in 2013, but the new study says the range is between 135 and 225 metric tons, with 175 metric tons as the median.

Medical Marijuana

Clock is Ticking on Florida Initiative. Time is running short for Florida's United for Care medical marijuana initiative. Organizers have until February 1 to gather 683,189 valid voter signatures, and say they have gathered 700,000 raw signatures, but only 162,866 have been certified as of Tuesday. Organizers are assuming a 25% rejection rate, so they are looking to gather a million signatures by deadline day.

Harm Reduction

Jack Fishman Dead at 83; Helped Create Naloxone.A scientist who played a key role in the development of the opioid overdose-reversal drug naloxone has died. Dr. Jack Fishman died earlier this month at age 83. Naloxone (Narcan) is credited with saving countless people from overdoses of heroin and other opioid drugs. Naloxone has been approved to treat overdoses since 1971, but only some states allow it to be distributed to drug users, community support groups, and local health clinics.

Sentencing

New Brennan Center Proposal Aims to Reduce Mass Incarceration. The Brennan Center, a nonpartisan law and public policy institute based at the NYU School of Law, has unveiled a new policy proposal to shrink prison populations, Reforming Funding to Reduce Mass Incarceration. It was discussed last week at the National Press Club in Washington by a panel including Jim Bueerman of the Police Foundation, Marc Levin of the Texas Public Policy Foundation, and Nkechi Taifa of the Open Society Foundations.

International

Golden Triangle Opium Production Up, UNODC Says. Opium production in Southeast Asia's Golden Triangle (Laos, Myanmar, Thailand) is up 22% this year over 2012, the UN Office on Drugs and Crime said Wednesday in its Southeast Asia Opium Survey 2013 - Lao PDR, Myanmar. Most of the production is in Myanmar, which produced 870 of the regions estimated 893 tons. The Golden Triangle accounted for 18% of global opium production this year, the report said.

Colombia Coca Spraying Halted After FARC Shoots Down Two US Pilots, One Killed. US-funded aerial eradication of coca crops in Colombia has been suspended indefinitely after FARC rebels shot down two spray planes, leaving one US pilot dead. The downings occurred in September and October, but the news that the FARC shot them down and that the program had been suspended didn't come until this week.

Mexican Human Rights Commission Warns Government on Anti-Cartel Vigilantes. Mexico's National Commission on Human Rights warned Tuesday that the rise of vigilante groups to confront drug trafficking organizations undermines the rule of law and could lead to increased violence. The commission blamed the rise of the vigilantes on the government's failure to provide security and accused the government of encouraging the formation of some of the groups. The commission said there were some 7,000 vigilante members in Guerrero alone, with thousands more in Michoacan, where dozens have been killed in clashes among vigilantes, police, soldiers, and drug traffickers.

Chronicle AM -- December 9, 2013

A West Virginia man gets a first degree murder charge in his wife's accidental drug death, a Utah "Good Samaritan" overdose bill is moving, some US senators grumble about Zohydro ER, and we have a pair of stories about opiates in India. And more. Let's get to it:

Zohydro ER
Marijuana Policy

Massachusetts High Court Rules against Prosecutors in Small-Time Marijuana Cases. Possession of up to an ounce of pot is decriminalized in Massachusetts, even if that less-than-an-ounce amount is divided up in separate baggies. The state Supreme Judicial Court ruled last month that possessing small amounts of marijuana in separate baggies is not sufficient evidence to charge someone with possession with intent to distribute. Prosecutors are grumbling.

Harm Reduction

Utah "Good Samaritan" Drug Overdose Bill Moving. A bill that would provide limited criminal immunity for people who report a drug overdose has passed the Criminal Justice Committee and will be taken up by the full legislature when it reconvenes next month. The bill is sponsored by Rep. Carol Spackman Moss (D-Holladay) and has the backing of harm reductionists and the Utah Statewide Association of Prosecutors alike. There were more than 500 drug overdose deaths in Utah last year.

Law Enforcement

COPS Program Worried About Police Militarization. Cop-watcher Radley Balko notes that the monthly newsletter of the Justice Department's Community Oriented Police Services (COPS) program is raising the alarm about the militarization of policing in the US. Balko cites a warning from COPS program senior policy analyst Karl Bickel: "Police chiefs and sheriffs may want to ask themselves -- if after hiring officers in the spirit of adventure, who have been exposed to action oriented police dramas since their youth, and sending them to an academy patterned after a military boot camp, then dressing them in black battle dress uniforms and turning them loose in a subculture steeped in an 'us versus them' outlook toward those they serve and protect, while prosecuting the war on crime, war on drugs, and now a war on terrorism -- is there any realistic hope of institutionalizing community policing as an operational philosophy?"

West Virginia Man Faces First Degree Murder Charge in Wife's Drug Overdose Death. Prosecutors have charged a Roane County man with first degree murder in the accidental drug overdose of his wife. Todd Honaker thought he was buying LSD, but instead gave his wife the synthetic drug 25b-NBOMe ("N-bomb"). The man who supplied the drug has been charged with delivery of a controlled substance. It's not clear why Honaker is facing such severe charges.

Pain Pills

Four Senators Scold FDA on Zohydro Approval. Four US senators have sent a letter to the FDA saying they disagree with its decision to approve Zohydro ER, a long-acting version of the pain reliever hydrocodone. Sens. Kirsten Gillibrand (D-NY), Dianne Feinstein (D-CA), Amy Klobuchar (D-MN), and Joe Manchin (D-WV) said the decision "will only contribute to the rising toll of addiction and death" caused by the misuse of prescription drugs. Zohydro can be crushed and snorted by people seeking a strong, quick high, which the senators called "irresponsible." [Ed: As the item immediately below about pain control in India demonstrates, poorly conceived control measures can and do have a devastating impact on the lives of pain patients who end up under-medicated or un-medicated. We have this problem in the US too. Other measures than bans are needed to address prescription drug misuse -- the FDA was right to approve Zohydro.]

International

Less Than 4% of Indians Suffering From Chronic Cancer Pain Have Access to Morphine. Legal restrictions on access to opioid pain medications leave millions of Indians suffering from severe and chronic pain without access to relief, leading to an "epidemic of pain in India." Ironically, India produces 99% of the global supply of licit opium, most of which it exports.

Indian Authorities Warn of Rising Opium Cultivation in Northeast. Illicit opium production is on the rise in states such as Manipur and Nagaland, Indian drug experts said at a Saturday conference in Guwahati. Cultivation was increasing both as a cash crop and for personal consumption, the experts said. In some villages, between 60% and 90% of families were growing opium, they said.

Chronicle AM -- December 2, 2013

The Denver city council votes today on where you can smoke pot, a Tennessee bill equates meth-making with child abuse, there's dissent on drug policy at the UN, India fights a drug menace, and more. Let's get to it:

Marijuana Policy

Denver City Council to Vote Today to Ban Marijuana Smoking on Private Property if Visible to the Public. The Denver city council is expected to give final approval today to an ordinance that would ban marijuana smoking on one's own property if it is visible to the public. The measure won an initial 5-7 vote last week. The measure is opposed by the ACLU of Colorado, Sensible Colorado, and even the Denver Post, which editorialized against it today.

Medical Marijuana

Medical Marijuana Returning to Iowa Legislature; Event in Des Moines Tonight. State Sen. Joe Bolckom (D-Iowa City), who has introduced medical marijuana bills in four previous sessions, will try again next year. He said he will introduce legislation modeled on the New Mexico program. Bolckom and Dr. Steven Jenison, who helped create the New Mexico bill, will be speaking about the New Mexico program at the Des Moines Public Library at 6:00pm tonight.

Methamphetamine

Under Proposed Tennessee Bill, Meth Making = Child Abuse. A bill filed last week, Senate Bill 1438, would allow meth-making parents to be charged with child abuse or neglect, even if the child has not suffered any child abuse or neglect. Current state law allows such charges to filed against meth-making parents if there is physical injury as a result of exposure to meth, but that's not good enough for state Sen. Doug Overbey and state Rep. Dale Carr, the bill's sponsors.

Prescription Drugs

Rhode Island Task Force to Study Electronic Prescription Monitoring. A legislatively-mandated commission meets for the first time today to consider whether the state should track certain medications in a bid to prevent prescription drug abuse. The commission is led by Rep. William O'Brien (D-North Providence), and includes state health officials, physicians, and a community health expert -- but apparently no pain patients. About half the states have moved to enact some form of electronic prescription monitoring in recent years.

International

Leaked Document Reveals Splits Ahead of UN Drug Session. A draft of a UN document setting out the organization's long-term strategy for fighting drugs has been leaked to British media and reveals an accelerating erosion of the decades-long, but increasingly shaky, drug prohibition consensus. In the leaked draft, both Latin American and European nations demanded that the UN's drug policy open itself up to new directions. This is all run-up to the 2016 UN General Assembly Special Session on drugs.

Another Dark Web Drug Marketplace Shuts Down. The Black Market Reloaded web site, which offered illicit drugs and other items for sale, has closed, a victim of its own success. The site operator said it had grown too big to be able to guarantee anonymity for its customers. The move comes after a competitor, Silk Road, was shut down by US officials, and another competitor, Sheep Marketplace, closed claiming someone had stolen more than $2 million worth of bit coins, a virtual currency. Silk Road 2.0 is reportedly up and running, however.

In Wake of Mass Bootleg Alcohol Deaths, Indian State Wants More Alcohol Prohibition. Responding to a 2009 mass bootleg alcohol ("hooch") poisoning that left at least 156 people dead, the Gujarat high court Sunday called for tougher enforcement of alcohol prohibition. While the high court appreciated the state government's move to impose the death penalty for "hooch tragedies," it also called for stricter enforcement of prohibition to fight "the menace of illegal transportation, manufacturing and possession of liquor."

Jamaica's First Medical Marijuana Company Set to Open. Jamaican scientist Dr. Henry Lowe is expected to open the island nation's first medical marijuana company this week. Lowe said he plans to develop marijuana extracts to treat psychosis and severe pain, and, possibly, "mid-life crisis in men."

Iranians in 550 Armed Clashes with Drug Smugglers in Past Three Months. Iranian officials said Monday that there had been more than 550 armed clashes with drug traffickers in the past three months. Iran borders Afghanistan, the world's largest opium producer by far, and is both a transit country and a final destination for tons of Afghan opium each year. It has destroyed more than 60 tons of illicit drugs a year in recent years. It also hangs hundreds of drug traffickers each year.

Chronicle AM -- November 21, 2013

Movement toward legal marijuana commerce continues in Washington, movement toward dispensaries continues in Massachusetts, medical marijuana polls very well in Florida, and more. Let's get to it:

Coming soon to a Washington state retail store near you.
Marijuana Policy

Washington State Marijuana Business License Applications Pile Up. As of Wednesday morning, the state Department of Revenue had received 585 completed applications for marijuana business licenses in the two days since the process opened up Monday. They include 27 applications for processors, 134 for growers, 144 for retailers, and 280 for operations doing both growing and processing. The state foresees 334 marijuana retail outlets. The number of growers and processors remains to be seen, but regulators want to limit legal production to two million square feet statewide.

Medical Marijuana

Florida Poll: Crist 47%, Scott 40%, Medical Marijuana 82%. A new Quinnipiac poll has support for medical marijuana in Florida at 82%, the greatest support for medical marijuana ever polled there, and nearly as much as the support for the leading gubernatorial contenders combined. The poll comes as People United for Medical Marijuana is in the midst of a signature-gathering campaign to put an initiative on the 2014 ballot. The poll strongly suggests that if the initiative can make the ballot, it will win.

Last Day for Dispensary Proposals in Massachusetts. Today is the deadline for the 158 qualified applicants seeking to open medical marijuana dispensaries in the Bay State. They are vying to be one of the 35 dispensaries envisioned by state law. In the second phase of the selection process, applicants will now go before a committee that will score their applications on a number of factors, including ability to meet the health needs of patients, appropriateness of the location, geographic distribution, local support, and plans to ensure public safety.

New Mexico's Bernalillo County Bans County Employees from Using Medical Marijuana. Bernalillo County (Albuquerque), the state's most populous county, has banned the use of medical marijuana by county workers under a new policy issued November 12 by County Manager Tom Zdunek. Zdunek cited federal prohibition and county policy as reasons for the ban. "This is a backwards policy that will prevent people who are suffering from accessing the medicine that works for them," said Jessica Gelay, policy coordinator for Drug Policy Alliance in New Mexico. "It is unconscionable that the County Manager would unilaterally attempt to deny Bernalillo County employees the right to use a medicine recommended by their physician. Patients deserve above all else, the freedom to choose the safest and most effective treatment for their disabling conditions -- whatever that treatment might be. It is time to stop demonizing marijuana and creating a double standard for prescription medications."

Cannabis Oil for Kids Greeted Warmly at Utah Capitol. Parents seeking access to cannabis oils for their epileptic children got a warm reception at a pair of committee hearings at the statehouse Wednesday. This is only a first step; there is no bill pending, but the response from lawmakers was largely positive, especially if such "hemp supplements" contained only small amounts of THC. There are about 10,000 Utah kids suffering from "refractory seizures" from epilepsy, and 35 of them are on a Colorado waiting list for a cannabis extract called Alepsia.

Drug Testing

Minnesota Now Drug Testing Public Benefits Recipients with Drug Felonies. People with a previous drug felony who are receiving or seeking public benefits are now subject to random drug testing under a law passed by the legislature in 2012. Those programs are the Minnesota Family Investment Program, General Assistance Program, Minnesota Supplemental Aid and the Supplemental Nutrition Assistance Program, or food stamps. About 1% of state public benefits have felony drug records, similar to the proportion in the general population.

International

Myanmar Opium Eradication Campaign Falls Short. Opium eradicators in Myanmar's southern Shan State have fallen well short of wiping out the poppy crop. Police had planned to eradicate 30,000 acres of poppy in the past 30 days, but only actually destroyed about 4,600 acres, or 13% of the target. They blamed manpower shortages, poor road links, and a flawed crop substitution program for their failure to meet their targets. Myanmar is the world's second largest opium producer, but lags far behind Afghanistan, which produces about 90% of the illicit global supply.

Tanzania Scolded on Need for Drug Reform, Harm Reduction. The Tanzanian government needs to come up with a harm reduction strategy for drug users and reform its drug laws, Doctors of the World harm reduction specialist Damali Lucas told a Dar es Salaam press conference Monday. The country's 1995 drug law does not differentiate between someone holding a small amount of drugs and someone holding large amounts, she noted. She also called for a harm reduction policy to be implemented to address the spread of HIV and related illnesses.

Chronicle AM -- November 13, 2013

Uruguay appears poised to legalize marijuana Friday, the Afghan opium crop is at an all-time high, and the ACLU issues a report on people doing life without parole for nonviolent offenses. And there's more. Let's get to it:

Dicky Lee Jackson sold meth to pay for medical treatment for his son. He may never come home. (aclu.org)
Marijuana Policy

Denver Marijuana-Smoking Rules Would Allow Toking Anywhere on One's Property. The Denver city council Tuesday gave preliminary approval to rules for marijuana consumption that would allow residents to smoke anywhere on their own property, even front yards. Earlier versions of the rules had attempted to impose stricter limits, but were beaten back. The rules would ban "display" or distribution of marijuana on the 16th Street Mall and in city parks. Violators would be hit with fines, not criminal offenses.

Up to an Ounce of Pot Now Legal in Jackson, Michigan. That didn't take long. Voters last week approved a local initiative to legalize the possession of up to an ounce, and on Tuesday, the city council unanimously amended city ordinances to comply. The change goes into effect immediately, but marijuana possession remains illegal under state law, and it isn't clear yet what local law enforcement is going to do.

Drug Overdoses

New Study on US Drug Overdose Deaths. A new study published in the American Journal of Preventive Medicine examines drug poisoning mortality on a county by county basis. Drug poisoning is now the leading cause of accidental death in the US and has increased threefold in the last three decades. The rise in drug poisoning deaths is correlated with an increase in the non-medical use of prescription drugs, especially opioids. There is a wealth of data in this study.

Sentencing

More Than 3,000 Doing Life in Prison for Nonviolent Offenses. Some 3,278 people in the US are serving sentences of life without parole for nonviolent offenses, and 79% of them are for drug offenses, according to a new report from the American Civil Liberties Union. Two-thirds of them are black. "The punishments these people received are grotesquely out of proportion to the crimes they committed," said Jennifer Turner, ACLU Human Rights Researcher and author of the report. "In a humane society, we can hold people accountable for drug and property crimes without throwing away the key."

Congressional Drug Warriors Want Stiffer Penalties for "Candy-Flavored" Drugs. Senators Diane Feinstein (D-CA) and Chuck Grassley (R-IA) Wednesday introduced the Saving Kids from Dangerous Drugs Act of 2013 (not yet available online). The bill would increase penalties for "drug dealers who entice children with candy-flavored methamphetamine, cocaine, or other dangerous drugs." Although the announcement emphasizes hard drugs, it also references medical marijuana products "with child-friendly names like Pot Tarts and Reese's Crumbled Hash Brownies."

Supreme Court Hears Two Drug-Related Sentencing Cases. The US Supreme Court Tuesday heard two cases where drug defendants are appealing lengthy prison sentences. In one case, the defendant was sentenced to 20 years in prison after selling heroin that resulted in the death of a drug user; in the other case, the defendant was sentenced to 10 years in prison for an "aiding and abetting" firearms offense during a drug deal gone bad. In both cases, the defendants argued that the sentences were not supported by the facts of the case. The cases are Burrage v. United States, U.S. Supreme Court, No. 12-7515 and Rosemond v. United States, 12-895, respectively.

International

Uruguay Senate to Vote on Marijuana Legalization Friday. Uruguay is poised to become the first country on the planet to legalize marijuana commerce with a Senate vote set for Friday. The lower chamber approved it earlier this year. Given that Uruguay has a parliamentary system and the measure has the support of the president and the governing party, it should be a done deal, but we'll check back in on Friday. (The link is Spanish-only. Lo siento.)

Afghan Opium Production at Record Levels, UN Says. Afghanistan produced a record 6,060 tons of opium this year, an all-time high, the UN Office on Drugs and Crime reported Wednesday. That's up 49% over last year and means that Afghanistan accounts for around 90% of the total global illicit opium supply. The withdrawal of NATO and US forces next year means no improvement is likely in the near future, the UN said.

South Africa Drug Treatment Groups Say Legalize Some Drugs. South Africa's Anti-Drug Alliance, a professional drug treatment group, is calling on the government to legalize some drugs and focus on treatment and prevention instead of emphasizing drug busts and related arrests. In a report last week, the group said government anti-drug spending, with its heavy emphasis on policing, was ineffective.

New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

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

Chronicle Daily News--October 31, 2013

Here's our first try at altering our format to continue to bring you comprehensive coverage of what's going on in the war on drugs and the world of drug reform. Look for this or something similar on a daily basis from now on. Let's get to it:

Marijuana

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.  

Drug Testing

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here and here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members. 

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

UN Drug Chief Warns of Afghanistan "Narco-State"

Afghanistan could collapse into a "full-fledged narco-state" as the looming withdrawal of US and NATO combat forces creates a gaping hole in the center of the country's economy, Yuri Fedotov, the head of the UN Office on Drugs and Crime (UNODC) warned Wednesday.

In an interview with Reuters, Fedotov noted that the Western forces generate about a third of all jobs and investment in Afghanistan. They are due to leave the country by the end of next year, and even the presence of a residual force of up to 10,000 fighters is increasingly in doubt as the US and Afghan haggle over a status of forces agreement that would allow them to stay.

The other major economic activity in the country is opium production, processing, and distribution, including the manufacture of heroin from raw opium, which accounts for roughly another third of the national economy. Since the US invaded Afghanistan in October 2001, it has consistently been the world's leading source of illicit opium production, accounting for nearly 90% of all poppies produced worldwide.

Multi-hundred million dollar annual cash flows associated with the opium economy have benefited the Taliban insurgency, which taxes farmers in areas it controls as well as engaging in or protecting drug trafficking. They have also benefited corrupt Afghan government officials and associated warlords.

Fedotov, whose native Russia has been flooded with Afghan heroin, said Wednesday that an upcoming UNODC survey due later this month will show increases in both opium cultivation and production.

"The situation is worsening, that is clear and very disappointing," he said. "It is a very serious setback, but we need to take that as a warning shot," he added, calling for increased international assistance.

"That is also fertile ground for corruption and other forms of transnational organized crime. It is a multi-faceted challenge and we need to take that as a serious problem," Fedotov warned. "Otherwise we have a serious risk that without international support, without more meaningful assistance, this country may continue to evolve into a full-fledged narco-state," he said. "We have not been able to develop an alternative economy in Afghanistan," Fedotov said. "With all our efforts, it was very hard to move from illicit to licit."

Oh, and those Afghan farmers? When they're not producing opium, they're producing cannabis. Afghanistan is also one of the world's preeminent producers of it, according to UNODC, and production was up again last year, the group reported last month.

Afghanistan

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