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Chronicle AM -- May 9, 2014

House Republicans were "concerned" about DC's decrim at a hearing this morning, an Oregon poll shows a majority for legalization, harm reduction measures move in three states, an Oklahoma medical marijuana initiative is about to start signature-gathering, and more. Let's get to it:

Overdose prevention measures move in three states. (wikipedia.org)
Marijuana Policy

House Panels Debates DC Decriminalization Law. Republican members of a House Oversight subcommittee sharply questioned the District's move to decriminalize the possession of small amounts of marijuana Friday but did not indicate they would move to overturn the legislation passed by District lawmakers this spring. Rep. John L. Mica (R-FL), the panel's chair, said he was "not here to negate District law" but doubted whether the city's law would address its stated goal of reducing racial disparities in marijuana arrests. The hearing came amid warnings that it could be a first step toward Congress overturning the measure. Del. Eleanor Holmes Norton (D) told the committee it was inappropriate for the House to hold a hearing on only the District's laws when "18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana. She told The Washington Post in an interview she doubted Republicans would move directly to overturn the law. Click on the link to get more flavor of the hearing.

Oregon Poll Has 54% for Marijuana Legalization. In what is moderately cheery news for Oregon marijuana initiative organizers, a new OPB has support for legalization at 54%. Two different initiative campaigns are in the signature-gathering phase, so voters could have the chance to vote twice to legalize it. This is only moderately cheery news because initiative experts like to see support at 60% or higher at the beginning of a campaign, and because the poll's +/- 4.9% margin of error could mean support is really only at 50%. Still, the trend seems to be in the right direction. The last poll from OPB that asked about legalization a year and a half ago only had support at 43%.

New York City Pot Arrests Drop, But Only Moderately. Minor marijuana arrests in New York City have plunged in recent years amid questions about police tactics. But new statistics show the arrests dropped more modestly in the first three months of a new mayoral administration that has pledged to reduce them. Arrests for the lowest-level marijuana crime fell 34% in the first quarter of 2013 -- and 9% in the first quarter of this year, to roughly 7,000, according to state Division of Criminal Justice Services data obtained by The Associated Press. Both comparisons are to the same period in the previous years. Drug reform activists said this year's numbers show that problematic police practices continue despite new Mayor Bill DeBlasio's criticism of high marijuana arrest numbers.

Medical Marijuana

Oklahoma Initiative Will Start Signature Gathering May 18. The Oklahoma Compassionate Cannabis Campaign will begin signature-gathering for its medical marijuana initiative on May 18. The campaign needs 155,216 valid voter signatures to qualify for the November ballot.

Minnesota Medical Marijuana Study Bill Wins House Committee Vote. A bill that would fund a study on the therapeutic effects of marijuana was approved by the House Ways and Means Committee Thursday. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor. It now goes to the House floor. Meanwhile, Senate File 1641, the companion to Melin's earlier bill, remains alive in the Senate.

Harm Reduction

California Overdose Antidote Bill Passes Assembly. A bill to expand access to the overdose reversal drug naloxone (Narcan) unanimously passed the Assembly Thursday. Assembly Bill 1535 would permit pharmacists to furnish the lifesaving drug to family members; people who may be in contact with a person at risk of an opiate overdose; or to the patient requesting it, pursuant to guidelines to be developed by the state's boards of pharmacy and medicine. It also ensures proper education and training for both the pharmacists and the consumers. The bill now moves to the Senate.

Louisiana Overdose Antidote Bill Wins Senate Committee Vote. A state Senate panel gave quick approval Wednesday to legislation that would allow first responders to provide a life-saving drug to those overdosing on heroin. House Bill 754 would give law enforcement officers, firefighters and emergency medical personnel the authority to administer a drug that reverses the effects of heroin during an overdose. The Health and Welfare Committee sent the measure to the Senate floor for debate.

Minnesota Legislature Approves Overdose Antidote, Good Samaritan Bill. Both the House and the Senate voted Wednesday to approve a measure allowing first responders, law enforcement and some nonmedical professionals to administer a drug that can counteract the effects of a heroin overdose and also provides immunity to users who call 911 in the event of an overdose. House File 2307 now awaits the signature of Gov. Mark Dayton (DFL).

Foreign Policy

GOP Bill Would Define Hezbollah as Global Drug Kingpin. Rep. Mark Meadows (R-NC) has introduced a bill aimed at weakening the Lebanese Shiite militant group Hezbollah. "The Hezbollah International Financing Prevention Act (House Resolution 4411) broadens financial sanctions against the group, targets its propaganda television station al-Manar, and urges the president to define Hezbollah as a 'global drug kingpin,' giving the administration another weapon to cripple Hezbollah's operations. The bill also codifies into law the policy of the United States to prevent Hezbollah's global logistics and financial network from operating," Meadows wrote in a press release. The measure has been referred to the House Foreign Affairs and Financial Services committees.

Chronicle AM -- January 16, 2014

Florida's medical marijuana initiative appears poised to qualify for the ballot (if it survives a challenge in the state Supreme Court), a new poll finds the country evenly split on marijuana legalization, Afghanistan was on the agenda in the Senate yesterday, and more. Let's get to it:

harvesting opium poppies in Afghanistan (unodc.org)
Marijuana Policy

ABC News/Washington Post Poll Has Americans Split on Marijuana. A new ABC News/Washington Post poll has support for marijuana legalization nationwide at 49%, with 48% opposed. The poll is in the same ballpark as other polls since the November 2012 elections, where support for legalization has ranged between 45% and 58%. Click on the link to see full poll results.

DEA Operations Chief Bemoans Marijuana Legalization Trend. DEA operations chief James Capra told a Senate committee Wednesday that marijuana legalization at the state level was "reckless and irresponsible" and could lead to dire consequences. "It scares us," Capra said, responding to a question. "Every part of the world where this has been tried, it has failed time and time again." [Editor's Note: No country had legalized marijuana until Uruguay did late last year, and that hasn't gone into effect yet. If Capra is referring to Amsterdam, where sales are tolerated, if not technically legal, cannabis coffee shops are now in their fourth decade of existence, and the problems associated with them are relatively trivial.] "There are more dispensaries in Denver than there are Starbucks," he continued. "The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It's a bad thing. This is a bad experiment. It's going to cost us in terms of social costs."

Missouri Marijuana Legalization Petitions Approved for Circulation. Secretary of State Jason Kander announced Wednesday that 13 marijuana legalization initiatives had been approved for signature-gathering. The bakers' dozen initiatives are all variations on a theme: legalize and regulate marijuana in Missouri. They were submitted by Columbia defense attorney Dan Viets, the chairman of the activist group Show-Me Cannabis. To make the November 2014 ballot, organizers must gather 157,778 valid voter signatures for at least one of them by May 4.

Maryland Coalition to Legalize Marijuana Launched. Maryland legislators Thursday launched an effort to get a marijuana legalization bill, the Marijuana Control Act of 2014, passed this year. They were joined at a press conference by members of the newly formed Marijuana Policy Coalition of Maryland, which includes the ACLU of Maryland, Law Enforcement Against Prohibition, the Maryland League of Women Voters, the Marijuana Policy Project, and the Maryland NAACP.

Medical Marijuana

Florida Initiative Campaign Has Gathered 1.1 Million Signatures. The folks behind the Florida medical marijuana initiative, United For Care/Patients United for Freedom, announced Wednesday night that they had gathered 1.1 million signatures, nearly half a million more than needed to qualify for the ballot. While all the signatures haven't been validated yet, organizers are now confident they will pass that hurdle. Now, they have to wait and see if the state Supreme Court is going to allow the effort to move ahead.

Washington Patients, Advocates Speak Out Against Bill That Would Gut Medical Marijuana System. The House Health Committee got an earful from medical marijuana advocates at a hearing Wednesday on House Bill 2149, which would eliminate cultivation cooperatives (and thus, dispensaries) by 2020 and reduce the amount of marijuana patients could possess and the number of plants they could grow. The bill mirrors many of the recommendations of the state Liquor Control Board, which is charged with implementing I-502 marijuana legalization.

Hemp

Indiana Hemp Bill Introduced. State Sen. Richard Young (D-Milltown) has introduced Senate Bill 357, which would allow the Department of Agriculture to license industrial hemp growing and production. The bill requires the department to get necessary approvals from the federal government, which has yet to approve any such production anywhere in the US.

Illinois Hemp Bill Seeks New Life in 2014. State Rep. Kenneth Dunkin (D-Chicago) introduced a hemp bill, House Bill 2668, last year, but it has languished in committee despite picking up some bipartisan support. He said Wednesday that he was cautiously optimistic that opposition may be softening, and the bill could move this year.

Heroin

Maine Heroin Deaths Up Fourfold from 2011 to 2012. The number of heroin overdose deaths in Maine quadrupled between 2011 and 2012, according to numbers released by state officials Wednesday. Officials said the increase was due to tightening restrictions on the use of prescription opiates, a cheap heroin supply, and, possibly, cuts in MaineCare. But while the increase was dramatic, the 28 heroin overdose deaths reported in 2012 is well below the 2005 peak of 43. In the years between 2005 and 2011, heroin deaths declined steadily.

Heroin Prevention Bill Package Passes Wisconsin Assembly. The State Assembly Wednesday passed the HOPE (Heroin Opiate Prevention and Education) package of four bills designed to reduce the number of overdose deaths in the state. Sponsored by Rep. John Nygren (R-Marinette), one bill would allow anyone to use naloxone to reverse overdoses, another would grant legal immunity to drug users who call for help in an overdose emergency, a third would allow communities to establish prescription drug drop-off points, and the fourth would require people to show ID when picking up prescription drugs. The naloxone and legal immunity bills are Assembly Bill 446 and Assembly Bill 447. The package now moves to the Senate.

Kratom

Oklahoma Wants to Ban Kratom, But Meets Resistance. The Oklahoma Bureau of Narcotics wants to ban the Southeast Asian herb kratom, which it calls "the legal form of heroin," but kratom fans are responding with dismay and disputing the narcs' assessment. Kratom is not a controlled substance under federal law, but narc Mark Woodward said he planned to ban it until it is federally proven to have medical benefits. Kratom users have started a petition to challenge efforts to ban Kratom.

Drug Courts

Study Finds Drug Courts Ignore Science When it Comes to Opiate Substitution Therapies. A small study of drug courts in New York state finds that their skeptical approach to opiate substitution therapies (OST), such as methadone and buprenorphine, can be a barrier to successful treatment. "Many courts do not respect medical consensus on scientifically sound treatment standards. Some courts included OST as part of court-mandated treatment options, while others allowed OST for a court-defined period of time as a bridge to abstinence. Still others showed intolerance and even disdain for anything having to do with methadone and buprenorphine, or -- as with the drug court in Albany County -- refused outright to admit people on methadone or buprenorphine treatment," the authors wrote. "Ordering people who are dependent on opioids to get off their prescribed methadone or buprenorphine medicines can force patients to seek out and become dependent on other opioids like prescription analgesics. Addiction to prescription opioids has been recognized as a priority problem by U.S. policy-makers, but drug courts may be exacerbating it."

Search and Seizure

ACLU Sues Border Patrol Over Interior Border Check Point Searches. The American Civil Liberties Union (ACLU) has filed suit against the Border Patrol, claiming its agent routinely violate the constitutional rights of local residents by stopping and searching them at interior checkpoints on highways near the border. In a 1976 ruling, the US Supreme Court ruled that immigration checkpoints were permissible if the stops were brief, involved "a limited enquiry into residence status," and a visual inspection of the exterior of the vehicle. "But that's not what's happening here," said ACLU attorney James Duff Lyall in Tucson. He said the cases mentioned in the lawsuit provide strong indications that the Border Patrol is using the checkpoints for general crime control, "which the courts have said is not acceptable for a checkpoint. The same thing is happening over and over again to many border residents," Lyall said. "They're going on fishing expeditions where there's no reasonable suspicion."

International

Afghan Drug Situation "Dire," Federal Auditor Tells Senators."The situation in Afghanistan is dire with little prospect for improvement in 2014 or beyond," Special Inspector General for Afghanistan Reconstruction John Sopko told the Senate Caucus on International Narcotics Control Wednesday. Poppy cultivation is at record levels and the drug trade now accounts for 15% of Afghan GDP, Sopko said.

US to Help Afghanistan With Drug Problem, State Department Official Tells Senators. At the same hearing mentioned in the story above, Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield vowed the US would remain committed to helping Afghanistan fight drug production and trafficking even after US and NATO troops pull out at the end of this year. "We will continue to ensure our counternarcotics programs are well integrated with broader US efforts, including assistance programs aimed at supporting a vibrant legal economy," he testified Wednesday. "The expanding cultivation and trafficking of drugs is one of the most significant factors putting the entire US and international donor investment in the reconstruction of Afghanistan at risk," he said.

Chronicle AM -- January 9, 2014

Alaska appears poised to vote on marijuana legalization, New York's governor announces a half-step toward medical marijuana, the ACLU fights for our rights on a couple of fronts, and trouble could be coming to the coca fields of Peru. And more. Let's get to it:

Bolivian President Evo Morales has a new bully pulpit from which to crusade for coca. (wikimedia.org)
Alaska Marijuana Legalization Initiative Campaign Hands in Signatures. Supporters of an initiative to legalize marijuana in Alaska handed in 46,000 signatures Wednesday. The campaign only needs 30,000 valid signatures to qualify for the August ballot. State election officials have 60 days to verify the signatures.

Marijuana Decriminalization Bill Filed in Alabama. Rep. Patricia Todd (D-Birmingham) has filed a bill that would decriminalize the possession of up to an ounce of marijuana. An as yet unspecified fine would apply to offenders. The bill has been assigned to the House Judiciary Committee and will be scheduled for a hearing when the session gets underway next week.

Alabama Governor Rejects Legal and Medical Marijuana. Gov. Robert Bentley (R) said Wednesday he opposes legalizing marijuana for either recreational or medical purposes, although he suggested he would be open to FDA-approved medical marijuana products. "I do believe there are medications out there that will do the same thing," Bentley said. "Now if someone wants to use the medicine that is in marijuana, go through the testing when you do that through the FDA, go through all of that -- that's fine. I have no problem with that."

Medical Marijuana

New York Governor Announces Limited Medical Marijuana Program. Gov. Andrew Cuomo (D) used his State of the State address Wednesday to announce he will initiate a limited medical marijuana program through executive action. Advocates said the measure was not enough and that the state legislature needs to pass pending medical marijuana legislation.

Asset Forfeiture

Utah Moving to Undo Asset Forfeiture Reforms. The Utah legislature moved late last year to roll back asset forfeiture reforms approved by state voters in a 2000 referendum. In unanimous votes, legislators approved a bill that will kill the provision requiring reimbursement for property owners who win in court and to require prosecutors to file such cases in a timely manner. Read Radley Balko's lengthy report by clicking on the link.

Drugs and Pregnancy

Experts File Brief Challenging Use of Child Abuse Law against Pregnant Women Using Methadone. Some 76 groups and experts in maternal, fetal, and child health, addiction treatment, and health advocacy filed an amicus curiae (friend of the court) brief before the New Jersey Supreme Court, urging it to overturn a lower court ruling making the state's civil child abuse law applicable to women who received medically prescribed methadone treatment while pregnant.

Search and Seizure

Indiana ACLU Challenges Pain Medication Drug Test Rules. The ACLU of Indiana filed a lawsuit Wednesday in federal court challenging a new state rule that requires patients prescribed a certain level of pain medications to undergo annual drug tests. The rule concocted by the state Medical Licensing Board last month requires such patients to sign a treatment agreement that includes agreement to undergo the annual tests. The ACLU argues that the rule violates Fourth Amendment proscriptions against unreasonable searches and seizures.

Massachusetts ACLU Sues to Block Drug Dog Sniffs of Prison Visitors. The ACLU of Massachusetts and a prisoners' rights group have filed a lawsuit in Suffolk County Superior Court seeking to block the state Department of Corrections from using drug dogs to search prison visitors. The suit seeks a preliminary injunction to immediately stop the practice and allow for public comment on the policy, which the department instituted in November. A hearing is set for January 24.

International

Peru Coca Eradication to Target VRAEM for First Time, DEVIDA Head Says. The Peruvian government for the first time will attempt to eradicate large amounts of coca crops in the Apurimac, Ene, and Mantaro river valleys (VRAEM), the head of the Peruvian anti-drug agency DEVIDA said Wednesday. The area is the most densely planted coca growing region in the world, accounting for more than half of all Peruvian production, and is the home of Shining Path guerilla remnants who got involved in the drug trade as their rebellion fizzled 20 years ago. DEVIDA wants to eradicate 37,000 acres of coca crops there, about 75% of total plantings in the region. Look for trouble when eradication efforts actually get underway, probably in August.

Bolivia to Use G-77 Post to Push for Legal Coca Leaf Internationally. Bolivian President Evo Morales has assumed chairmanship of the Group of 77 nations, and he said Wednesday that he would use his position to push for removing coca leaf from the 1961 UN Single Convention's list of internationally banned drugs. Bolivia briefly left the treaty in 2012 before returning last year with a reservation that it did not recognize the ban on coca leaf chewing. "Last year, we achieved recognition of traditional consumption of the coca leaf," he said. "Our next task will be to remove the coca leaf from the list of prohibited substances."

Germans Not Ready for Marijuana Legalization, Poll Finds. Only 29% of Germans said they favored legalizing marijuana in a new poll, while 65% were opposed. The only political party with a majority favoring legalization was the Greens, and just barely, with 51%. A Green politician, Monika Herrmann, is trying to open a Dutch-style cannabis coffee shop in Berlin's Friedrichshain-Kreuzberg district, but would need federal government approval. This poll isn't going to help.

France Approves Marijuana-Based Medicine for Multiple Sclerosis. France's health ministry announced Thursday it had approved the use of Sativex, a cannabinoid mouth spray, to treat patients suffering from multiple sclerosis (MS). The drug is the first marijuana-based medicine to be made available in the country. Sativex is already approved in more than 20 countries.

Chronicle AM -- December 20, 2013

A pair of state appeals courts slap down cops who take people's medicine and won't give it back, there are problems with Kansas' drug testing law, Peru is buying shining new toys to prosecute its drug war, and more. Let's get to it:

Hash is medicine, and the cops have to give it back, the Oregon appeals court ruled. (wikimedia.org)
Marijuana Policy

DPA California Initiative Revised. The Control, Regulate and Tax Marijuana initiative, filed earlier this month by the Drug Policy Alliance (DPA), has been revised. The new version increases the personal grow limit from four plants to six, makes the 1,000-foot buffer rule around schools optional instead of mandatory, and makes the California Industrial Hemp effectively immediately. Left intact were no changes in criminal penalties, no changes in the state's medical marijuana law, and a 25% tax on adult retail sales. DPA head Ethan Nadelmann said in a conference call yesterday that the group would decide early next year whether to move forward for 2014.

Medical Marijuana

Oregon Appeals Court Rules Cops Must Give Back Seized Medical Hash. The Oregon Court of Appeals ruled Wednesday in Oregon v. James Jonathan Ellis that a medical marijuana patient whose hash was seized during an arrest can get it back. A district court judge had refused to order it returned, finding that hash wasn't covered under the state's medical marijuana law, but the appeals court disagreed, citing the federal Controlled Substances Act's definition of marijuana, which Oregon's law adopted, and which includes "every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin."

Colorado Appeals Court Rules Cops Must Give Back Seized Medical Marijuana. The Colorado Court of Appeals ruled Thursday in Colorado v. Robert Clyde Crouse that a district court judgment ordering Colorado Springs Police to return marijuana seized from leukemia patient Crouse was correct. Colorado Springs authorities had argued that federal drug laws preempted their returning Crouse's medicine, but neither the district court nor the appeals court was buying it.

Wyoming Legislator to Introduce Medical Marijuana Bill. Rep. Sue Wallis (R-Recluse) said this week that she intends to introduce a bill in the legislative session that starts early next year to allow the use of marijuana for medicinal purposes. Wallis said the death a year ago of her husband, Rod McQueary, brought the issue of legalizing medical marijuana into sharp focus for her. She said he benefited greatly from medical marijuana from Colorado in his last days.

Asset Forfeiture

Michigan Legislator Introduces Asset Forfeiture Reform Bill. Rep. Jeff Irwin (D-Ann Arbor) has introduced a bill, House Bill 5213,that would prohibit civil asset forfeiture unless and until a person is convicted of a criminal offense. "Asset forfeiture was sold as a needed tool for law enforcement to attack drug kingpins and gang leaders," Rep. Irwin said. "[But] too often, law enforcement uses the current asset forfeiture law to take tens of millions of dollars every year, mostly from low-level users and small-time dealers. We need to change how asset forfeiture works. By requiring a person be convicted of a crime before their seized property is subject to forfeiture, we will stop the worst abuses and curtail the insidious incentives that lead some law enforcement to short circuit due process and the fundamental principle that a person is innocent until proven guilty."

Drug Testing

Kansas Drug Testing Law Punishes Welfare Recipients, But Lets Lawmakers Skate. The Kansas legislature this year passed a bill, Senate Bill 149, that allows for drug testing of welfare recipients. Amid charges of hypocrisy, solons added language to include drug testing of themselves. But Wednesday, the director of Legislative Administrative Services, who is charged with implementing legislator testing, told legislative leaders that the law does not include any ramifications for a positive drug test and does not explicitly make the results public, so he will be treating them as confidential medical records.

Sentencing

Connecticut Sentencing Commission Recommends Cutting Drug-Free Zones. The Connecticut Sentencing Commission recommended Thursday that lawmakers sharply curtail drug-free zones around schools. The commission said they created racial disparities, unfairly affecting blacks and Latinos, who are more likely to dwell in urban areas, where schools and day cares are more densely packed. The commission recommended scaling the zones back from 1,500 feet to 200 feet. It also recommended limiting drug-free zone charges to those actually intending to infringe on the zones, as opposed to those just passing through.

International

Peru in Half-Billion Dollar Deal to Buy Russian Helicopters for Anti-Drug, Anti-Terrorism Effort. The Peruvian and Russian governments announced a deal Wednesday in which Russia will provide 24 Mi-171 helicopters to the Peruvian armed forces. The Peruvians plan to use them for anti-narcotics and anti-terrorism work in the central mountain areas where coca leaf and cocaine production are widespread.

Belgian Cannabis Social Club Raided. Belgian police acting on orders of the Justice Ministry raided the country's second cannabis club Wednesday (sorry, link in Dutch only). Raiders hit the Mambo Social Club in Hasselt, which follows the country's one-plant-per-person guidelines, seizing plants, records, and computer equipment. No word yet on any criminal charges.

Chronicle AM -- December 19, 2013

Today we have a plethora of pot polls, hope on banking, an important decision by Washington state regulators, and hints of change to come from Canada's Tories, among other news. Let's get to it:

Marijuana Policy

AP Poll Finds Opposition to Legalization Declining. In a poll released Thursday, the Associated Press found opposition to legalizing small amounts of marijuana declining, from 55% in 2010 to 29% now. At the same time, the poll reported support for legalization rising from 33% to 36%. The poll included an option for "neither support nor oppose," with 33% choosing that response. While support is up slightly, according to the poll, a good chunk of those opposed in 2010 have moved to "neither support nor oppose" now.

Wall Street Journal Poll Explores Attitudes on Where Marijuana Should Be Sold. In a poll released Thursday, the Wall Street Journal found that the most popular locations where Americans wanted legal nmarijuana to be sold were pharmacies (69%), followed by pot shops (60%), liquor stores (39%), coffee shops (17%), and supermarkets (13%). The poll also reported that 53% said the sale and possession of small amounts should not be legal, but that 80% said it should be regulated like alcohol. Go figure.

Arizona Pot Polls All Over the Place. Three Arizona polls on marijuana legalization have come up with wildly different results. Two polls from earlier in the year had support for legalization at 56% and 60%, but one just released had support at only 39%. That one is from Susquehanna Polling and Research, which only does polls for candidates who are Republicans and which had Romney beating Obama in Pennsylvania three days before the 2012 election. Obama won the state by five points.

Relief on Banking Could Come Early Next Year. Marijuana businesses could enjoy access to banking and financial services early next year, Jack Finlaw, chief legal counsel to Colorado Gov. John Hickenlooper (D) said Thursday. "What we're being told," Finlaw said during a teleconference, "is probably in the first quarter of 2014 there will be some guidance issued that's comparable to the Cole memo from the Department of Justice that will give, maybe not a green light, but a yellow light to banks to allow them to do business [with marijuana businesses] -- to take deposits, to set up checking accounts, to set up small business loans, to allow these businesses to accept purchases through debit cards or credit cards, to allow what normal businesses are allowed to do." The comment comes after a meeting of the Bank Secrecy Advisory Group in Washington, DC, last week.

St. Louis Legalization Debate Packs 'Em In. A Wednesday night debate on marijuana legalization filled the St. Louis Ethical Society to overflowing as Show Me Cannabis Regulation executive director John Payne took on Missouri Narcotics Officers Association vice president John Grellner for 90 minutes of heated, but polite debate. Show Me Cannabis is working to put a legalization initiative on the ballot next year.

Medical Marijuana

Washington Regulators Recommend Letting Patients Keep Their Personal Grows, But Eliminating Collective Grows. The state Liquor Control Board has reversed itself and is now recommending that patients be able to keep their grows of up to six plants. "Allow home grows and the ability for a qualified patient or designated provider to possess marijuana plants. A qualified patient or designated provider may possess 6 plants, 3 flowering and 3 nonflowering," the board recommended. But it also recommended eliminating collective gardens, the backbone of the state's dispensary system.

New York Medical Marijuana Bill Gets Long Island Public Hearing. A medical marijuana bill, the Compassionate Care Act, got a public hearing Wednesday in the chamber of the Nassau County Legislature. It had one earlier this month in Buffalo. The hearings are designed to mount public pressure on the state Senate to get the bill through.

International

UN Security Council Has "Deep Concerns" About West African Drug Trade. In a presidential statement Wednesday after a briefing from UN Secretary General Ban Ki-moon, the UN Security Council expressed "deep concern" about a growing drug trade in West Africa and its links to terrorism. Ki-moon told the Security Council $1.2 billion worth of cocaine transits the region each year, where governments are weak, borders are porous, and extremists are on the march.

Canada's Tories to Modernize Marijuana Laws? Canada's governing Conservatives could modify the country's pot laws, Justice Minister Peter McKay hinted Wednesday. Fining marijuana users instead of arresting them is one possibility, he said. "That doesn't mean decriminalizing or legalizing, but it does mean giving police options, for example, to issue fines in addition to any other sanctions, or as a substitute for other sanctions," MacKay told QMI Agency. "These are things that we are willing to look at in the new year, but there's been no decision taken."

Chronicle AM -- December 13, 2013

It looks like Washington state medical marijuana patients will continue to be able to grow their own, Seattle City Attorney Pete Holmes wants to welcome pot tourists, the Michigan Senate takes aim at welfare drug users, Indian Maoists are profiting from prohibition, and more. Let's get to it:

India's Maoist Naxalities -- profiting from prohibition. (wikimedia.org)
Marijuana Policy

Seattle City Attorney Wants to Accommodate Pot Tourists. Seattle City Attorney Peter Holmes has warned the city council against passing rules that will make it harder for tourists to enjoy legal marijuana. "We need to recognize that tourists are coming to this state to sample wine, to sample Washington marijuana, to sample any of the attributes of this destination city; that we accommodate that somehow," he told KPLU FM.

Medical Marijuana

Washington State Leaning Toward Allowing Home Medical Marijuana Grows. Members of the state Liquor Control Board signaled Friday they will recommend medical marijuana patients continue to be allowed to grow their own medicine. The state Health and Revenue departments and the liquor board had earlier proposed outlawing home growing once I-502 takes effect, but aroused a storm of outrage from patients and their supporters. The board is expected to formally recommend allowing the grows next week.

Colorado Could Cut Patient Fees. State health officials want to reduce the fee paid by licensed medical marijuana patients. The Board of Health will hear a proposal next week to drop the annual fee from $35 to $15. That's because the fund that pays for the patient registry has a $13 million surplus, and the fee is not supposed to be about generating revenue, just paying for the costs of the program. There are nearly 113,000 registered patients in the state.

Second Hearing Held on Guam Medical Marijuana Bill. A pending medical marijuana bill on Guam got a second public hearing Thursday. The island's public health director said he could not support the bill because there was no funding for regulation, but patients and medical marijuana supporters testified in support of the bill. The measure, Senate Bill 215, remains alive, and cosponsor Sen. Tina Muna Barnes said she was working on amendments based on feedback from the public.

Drug Testing

Michigan Senate Approves Welfare Drug Testing Bill. The Michigan Senate Thursday approved Senate Bill 275, which would set up a pilot program to start subjecting some welfare recipients to drug testing. Recipient would be screened and those for whom there was "a reasonable suspicion" of drug use would have to submit to a drug test. A first failed drug test would result in a referral to treatment, a second would result in loss of benefits. The Republican-supported bill passed on a straight party line vote. Similar legislation has been approved in the House.

Sentencing

Report Reviews Changes in Federal Sentencing Since Booker. A new report, Legal Change and Sentencing Norms in Federal Court: An Examination of the Impact of the Booker, Gall, and Kimbrough Decisions, finds that not that much has changed. A series of Supreme Court decisions beginning with Booker held that federal sentencing guidelines are merely advisory, and expectations were that their impact would be significant. But "the findings suggest that sentencing policy changes at the national level -- including reforms mandated by these cases -- neither uniformly nor dramatically transformed sentencing practices. Factors in individual cases were the largest predictor of sentencing outcomes over all time periods. Sentencing behavior across districts changed incrementally over time but did not dramatically shift during major policy changes."

International

Indian Maoists (Again) Linked to Black Market Marijuana Trade. India's long-festering revolutionary Maoist movement, the Naxalites, is once again linked to the illicit trade in drugs. Officials in Odisha are complaining that they cannot eradicate the Naxalites until they "have control over the illegal cultivation of cannabis, which, according to intelligence sources, has become a major source of funding for the Maoists." Six of eight named districts where large-scale pot growing is "a well known fact" are known as "highly Naxal-infested districts." The state government is engaged in manual eradication, but is considering aerial spraying.

Costa Rica Public Opinion Not Ready for Marijuana Legalization. Costa Rica is not ready to legalize marijuana, according to a new public opinion poll. The survey from the School of Statistics at the University of Costa Rica found that only 15% favored legalization, while 50% were opposed. Medical marijuana fared better, with 53% in favor.

British Activist to Open "Cannabis Café" in Manchester. Notorious marijuana activist Colin Davies, who once handed a bouquet of flowers including marijuana to the queen, has announced plans to open a cannabis café in Manchester. Davis, who was once jailed for marijuana trafficking, said no pot would be sold at the café; instead it will be BYOB. Marijuana remains a Class B drug in Britain, so Davis should be looking for a police reaction.

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

Peru Retakes Spot as World's #1 Coca Producer

And the wheel turns. Twenty years ago, Peru produced about 60% of the world's coca crop, from which cocaine is derived. But crop disease and aggressive anti-trafficking efforts in Peru hurt output there even as cultivation blossomed in Colombia, which took first place honors by the turn of the century.

coca leaf statues in Peruvian village (Phillip Smith)
But now, according to the UN Office on Drugs and Crime (UNODC), Peru has regained its status as the number one producer. In a report issued last week, UNODC estimated that Peru had 151,000 acres of land devoted to coca production, compared to 125,000 acres in second place Colombia and about 63,000 acres in third place Bolivia.

Just as aggressive eradication and interdiction campaigns in Peru -- including a US-aided policy of shooting down suspected drug trafficking planes -- reduced the coca supply there in the 1990s, the massive US aid program known as Plan Colombia, with its aerial fumigation and aggressive eradication programs, has managed to shrink production in Colombia.

At its peak in 2000, Colombia accounted for 90% of the world's cocaine, with about 400,000 acres planted with coca. Since then, that figure has shrunk by about one third.

But in a clear example of "the balloon effect," Peru has taken up the slack, and has been well-situated to take advantage of growing Brazilian and European demand for cocaine. Peru's reemergence as the global coca leader comes despite renewed efforts by President Ollanta Humala to crack down on coca cultivation, as well as the trafficking and armed rebel groups -- remnants of the feared Shining Path insurgency of the 1980s -- who protect and profit from it.

Peru actually managed to decrease cultivation this year by about 4,000 acres, or 3.4%, according to UNODC. But given continuing declines in Colombia and stable, lower-level production in Bolivia, the country retakes first place even with the decline.

Unlike Colombia, both Peru and Bolivia have long histories of indigenous coca use, and both countries have large legal coca markets. But according to the UNODC, of Peru's estimated 129,000 tons of dried coca leaves, only 9,000 tons were destined for the legal market. That leaves 120,000 tons of leaves ready to be turned into cocaine hydrochloride and snorted up noses in Rio de Janeiro, Rome, and Riyadh.

Peru

India Police to Spray Maoist Rebels' Marijuana Crops

Police in the eastern Indian state of Orissa said Friday they planned to use aerial spraying to eradicate marijuana crops cultivated by Maoists rebels, the Times of India reported. There was no mention of what agent might be used to kill the crops.

Maoist Naxalite rebels (platypus1917.org)
For decades, the Maoist rebels, also known as Naxalites, have waged a low-level guerrilla campaign against the Indian state beginning in West Bengal in the 1970s. Their presence has spread through eastern and southern India, and by 2006, they boasted 20,000 cadre in arms and another 50,000 in close support.

The Indian government went on the offensive against the Naxalites in 2009 and has managed to reduce the groups' presence and the number of casualties since then. But Naxalites remain an active force; in May, they attacked an Indian National Congress rally in Chhattisgarh, killing 29 people, including high ranking party members.

Police said Friday that farmers are growing marijuana at the behest of the Naxalites in remote districts where it is difficult for them to go, and that spraying would be the best option.

"Cannabis cultivation and its trade is a major source of income for Maoists. To clip their wings, we have to clampdown on cannabis cultivation," said a senior police official. "We are exploring the possibility of using aerial spray to destroy cannabis in remote areas of the state," he said.

Police, joined by excise, revenue, and forest service officers have already been eradicating pot fields, but managed to destroy only 1300 acres last year and 1500 the year before that. They said marijuana production was prevalent in Rayagada, Malkangiri, Gajapati, Kandhamal, Angul, Sambalpur and Boudh districts.

India

Peru Rebels Call on Farmers to Defend Coca Crops

Remnants of Peru's Shining Path guerrillas are calling on coca farmers in the country's south-central coca-producing region to take up arms to defend their crops against government eradicators. The call came in a recording made by the rebels and broadcast on local radio, according to a report in the Lima daily El Comercio.

drying coca leaves in Peru's Ayacucho province (Phillip Smith)
The radio broadcast in Ayacucho province came last week, just one day after Sendero Luminoso guerrillas handed out pamphlets in nearby Huancavelica calling on coca farmers to confront eradicators "with arms in hand."

The guerrilla remnants, a mere shadow of the fearsome insurgency that cost the country some 75,000 lives in the 1980s, operate in Peru's most productive coca-producing region, a series of ultra-montane river valleys known by its Spanish acronym as the VRAEM (Apurimac, Ene, and Mantaro River Valleys). The current Senderistas have shed the hyper-Maoist ideology of their long-imprisoned leader Comrade Gonazalo (Abimael Guzman) and now operate as well-armed and often uniformed protectors of producers and traffickers in the coca and cocaine trade.

Peru and Colombia are currently the world's largest coca and cocaine producers, with Bolivia in third place.

Peruvian President Ollanta Humala has pledged to wipe out the Senderistas in the VRAEM and has vowed that eradication will take place there this year. His government has already begun building military bases in the remote region.

Peruvian soldiers and police are already being targeted by Senderistas in the VRAEM. Dozens have been killed in guerrilla attacks in the past two years alone.

Peru

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