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Chronicle AM -- August 14, 2014

A bill to end the crack/powder cocaine sentencing disparity is close to becoming law in California, the US Sentencing Commission still has work to do on mandatory minimums, the 50th anniversary of America's first pot protest will be commemorated this weekend, and more. Let's get to it:

There's action on sentencing on a couple of fronts today. (supremecourt.gov)
Marijuana Policy

50th Anniversary of First Pot Protest to Be Commemorated at Seattle Hempfest This Weekend. On August 16, 1964, a lone crusader named Lowell Eggemeier marched into the San Francisco Hall of Justice, fired up a joint, and puffed it in the presence of the police inspector. "I am starting a campaign to legalize marijuana smoking," he announced, "I wish to be arrested." He was promptly hauled off to jail for marijuana possession, at that time a felony. California NORML will lead a commemoration of Eggemeir's historic first step Saturday at the Hempfest in Seattle.

National Council of State Legislatures to Consider Marijuana Reform Resolution Next Week. The council's Law and Criminal Justice Committee will consider a resolution encouraging prohibiting the federal government from enforcing federal marijuana laws in states that have authorized either medical marijuana or adult marijuana sales and use. Click on the link to read the resolution.

Medical Marijuana

Public Hearings Set for Iowa's New CBD Cannabis Oil Law. Iowans who have something to say about the state's new law decriminalizing the possession of low-THC, high-CBD cannabis oil for epileptics will get a chance at a series of public hearings. They will be held in six cities: Council Bluffs, Davenport, Des Moines, Mason City, Ottumwa, and Sioux City. Click on the link for times and dates, as well information on submitting comment via email or snail mail.

Harm Reduction

Federal Overdose Prevention Act Text Now Available Online. Sen. Jack Reed (D-RI) filed the bill, Senate Bill 2755, on July 31, and the text is now available online. The bill would create a task force to come up with ways to reduce overdose deaths. Click on the link to read the bill.

Sentencing

US Sentencing Commission Includes More Work on Mandatory Minimums As Part of Next Year's Priorities. The Commission today approved its list of priorities for the coming year and includes "continued work on addressing concerns with mandatory minimum penalties." The Commission said it would "once again set as its top priority continuing to work with Congress to implement the recommendations in its 2011 report on federal mandatory minimum penalties, which included recommendations that Congress reduce the severity and scope of some mandatory minimum penalties and consider expanding the 'safety valve' statute which exempts certain low-level non-violent offenders from mandatory minimum penalties.

California Fair Sentencing Act Passes Assembly. The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law. The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D). The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.

International

British Drug Minister Calls for Legalizing Medical Marijuana. British Drug Minister Norman Baker is calling for new drug laws that allow the use of marijuana to treatment certain medical conditions in a letter he will send to Health Minister Jeremy Hunt. Baker is a Liberal Democrat, the junior partner in the Conservative-led government. Lib Dems have a significantly softer drug policy line than the Tories, as was evidenced yet again when the Tories immediately slapped down Baker's proposal.

Chronicle AM -- August 13, 2014

A key California sentencing reform bill gets a final Assembly vote tomorrow, the Oregon legalization initiative gets some organized oppositions, Delaware gets a step closer to its first dispensary, Marc Emery gets to go home, and more.

Canadian "Prince of Pot" Marc Emery is reunited with wife Jodie after spending five years in US prison. (wikipedia.org)
Marijuana Policy

Oregon Legalization Initiative Gets Organized Opposition. The Oregon District Attorneys Association and the Oregon State Sheriff's Association are gearing up to do combat against Measure 91, the state legalization initiative. The two groups say they are deciding right now how much money to spend trying to defeat the initiative, which has already raised more than a million dollars.

Federal Judge Throws Out Case Challenging Washington's Authority to Tax Marijuana. US District Judge Marsha Pechman has dismissed the lawsuit, ruling that the federal courts lacked jurisdiction. Dispensary operator Martin Nickerson, who was being prosecuted on federal marijuana charges filed the suit, arguing that he couldn't pay the state tax without incriminating himself. His attorney, Douglas Hiatt, said he will refile the lawsuit in state court.

Wichita City Council Votes Against Putting Decriminalization on November Ballot, But Maybe in April. After a decriminalization initiative signature drive came up short, the city council declined last night to put the measure on the November ballot, but said it would work with organizers to put it on ballot next April.

Medical Marijuana

Delaware Officials Sign Contract for First Dispensary in the First State. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.

Oklahoma Governor Says She Supports Limited CBD Cannabis Oil Access. Gov. Mary Fallin (R) today asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.

Harm Reduction

With New Law in Effect, Minnesota Cops Start Carrying Overdose Reversal Drug. Sheriff's deputies in Hennepin County (Minneapolis) have become the first in the state to start carrying the overdose reversal drug naloxone after a new law went into effect August 1. The law also contains a 911 Good Samaritan provision providing limited immunity for people who seek medical assistance for those suffering drug overdoses. Last year, 56 people died of heroin overdoses in the county and another 29 died in the first six months of this year.

Sentencing

California Fair Sentencing Act Gets Assembly Floor Vote Tomorrow. The bill, Senate Bill 1010, would eliminate the sentencing disparity between crack and powder cocaine. It has already passed the state Senate. Click here to contact state legislators; click the title link for more bill information.

International

Marc Emery is Now Back Home in Canada. Canadian "Prince of Pot" Marc Emery is now back home in Canada after serving nearly five years in US federal prison for selling marijuana seeds. He landed in Windsor, Ontario, right around 4:20pm yesterday after leaving a private US deportation detention facility where he had been held after being released from US prison last month. He has vowed to wreak political vengeance on the Conservatives, who allowed him to be extradited to the US.

Algeria Has Seized More Than 95 Tons of Moroccan Hash so Far This Year. That's up over the same period last year by about 25 tons. Morocco is the world's largest hash producer, with most of its product headed for European markets.

Comedian Randy Credico's Deadly Serious Quest to Run New York [FEATURE]

New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.

Credico campaign ad in The Nation magazine
But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.

"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.

Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.

Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.

Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.

But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:

  • legalize marijuana;
  • close Attica prison;
  • ban racial profiling and end stop and frisk;
  • end the Rockefeller drug laws; and
  • direct election of all criminal judges.

The Candidate (credico2014.com)
"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."

[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]

Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.

"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."

Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.

"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.

But Credico even argues that he should have the right to do blow, if that's what he wants to do.

"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.

At a forum at the New York Society for Ethical Culture (credico2014.com)
Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.

"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.

"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."

Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.

"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."

Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.

Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.

"I don't get no respect," he intoned. "I'm running against two people from the ruling class."

But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.

(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.)

NY
United States

Chronicle AM -- August 8, 2014

Things get slow in the dog days of summer, but there's still news from the legal marijuana states, California continues to grapple with regulating medical marijuana, and a couple of items from Britain suggest change could be in the air there. Let's get to it:

Marijuana Policy

Britain will provide free foil for heroin smokers in a bid to reduce injecting the drug. (wikimedia.org)
ACLU of Washington Joins Fight Against Local Marijuana Store Bans. The ACLU of Washington announced today that it is representing three state-licensed marijuana business owners who have filed a lawsuit challenging the city of Fife's ban on marijuana operations. The business owners and the ACLU argue that local bans violate I-502, the voter initiative that legalized marijuana in the state. You can view the ACLU's pleadings in the case here.

Colorado Health Department Says Teen Marijuana Use Is Down Since Dispensaries Came, Voters Approved Legalization. An annual survey of teen drug use in the state has found that marijuana use has been declining since hundreds of medical marijuana outlets opened in the state in 2009 and since the state legalized adult marijuana use and sales in late 2012. Current use among Colorado teens dropped from 24.8% in 2009 to 20% in 2013. Meanwhile, nationally, teen current use has increased, from 20.8% in 2009 to 23.4% last year.

Wichita Decriminalization Initiative Campaign Comes Up Short on Signatures. There will be no popular vote on decriminalization in Wichita this year. Election officials said that campaigners didn't have enough valid voter signatures to qualify. Although they handed in about 3,500 signatures and only needed 2,928, they still came up 180 valid voter signatures short. They say they will now press the city council to act on decriminalization.

Medical Marijuana

California Statewide Regulation Bill Goes to Assembly Appropriations Committee Next Week. The Assembly Appropriations will examine Senate Bill 1262, the law enforcement- and local government-backed bill to regulate the state's medical marijuana industry next Wednesday. That's the last day the committee meets this session. The bill has already passed the Senate, but must pass the Assembly by month's end or it dies. The bill link above may not represent the latest changes to it; new updates are expected today. The bill has divided the state's medical marijuana community, with some groups supporting it as is and some demanding changes to make it friendlier to patients and the industry.

International

British Liberal Democrats Will End Jail for Drug Possession, Nick Clegg Says. Liberal Democratic Party leader Nick Clegg has said that if the Lib Dems win the next election, they will move to abolish prison sentences for simple drug possession, even for Class A drugs such as heroin and cocaine. Half of the people currently being jailed for drug possession in Britain are being held for marijuana offenses. This call for effective decriminalization puts Clegg and the Lib Dems at odds with their governing coalition senior partners, the Tories. Meanwhile, the Home Office is currently undertaking a review of British drug policy.

British Government to Provide Foil to Heroin Users to Encourage Smoking Rather Than Injecting. In a harm reduction move, Britain will begin providing free foil to heroin users to encourage them to smoke the drug instead of injecting it. Injection drug users are more likely to contract blood-borne diseases such as HIV/AIDS and hepatitis C. The move was approved last year by the Advisory Council on the Misuse of Drugs, which said it could also help move addicts toward recovery.

Chronicle AM -- August 7, 2014

The legalization debate packed 'em in in Anchorage, California's medical marijuana regulation bill is going down to the wire, Massachusetts has a new substance abuse law, China executes two for drugs, and more. Let's get to it:

Anchorage (Frank K. via Wikimedia)
Marijuana Policy

Alaska Legalization Debate Draws Big Crowd. The Wilda Marston Theatre in Anchorage was packed last night as supporters and opponents of the legalization initiative, Ballot Measure 2, duked it out. Click on the link to get the flavor of the debate.

NJ Weedman Becomes a Newspaper Columnist. Longtime New Jersey marijuana activist Ed Forchion, better known as the NJ Weedman, is about to get a new platform. He announced today that he now has a new gig: columnist for the The Trentonian newspaper, where he will produce the "Cannabis Column."

Lewiston, Maine, Initiative Campaign to Turn in Signatures Tomorrow. Citizens for a Safer Maine, the organizers of the Lewiston initiative to legalize marijuana possession for adults, will turn in more than 1,250 signatures tomorrow. They need 859 valid voter signatures to qualify for the November ballot. They will also hold a media availability at 11:00am in front of city hall.

Poll Finds Strong Support for Marijuana Reform in Pennsylvania. A new poll from Keystone Analytics has strong support for marijuana reform, with 47% supporting medical marijuana and another 22% saying they supported legalization for any reason. Only 27% thought marijuana should remain illegal for all purposes. The poll has a +/- 4.4% margin of error.

Medical Marijuana

California Still Struggling with Statewide Regulation Bill. The clock is ticking on Senate Bill 1262, the last effort to regulate medical marijuana statewide still alive in the legislature. It needs to pass before month's end or it dies, but the marijuana community itself is divided over it, and it's not clear that the interests of lawmakers, law enforcement, cities and counties, and the medical marijuana industry can all be aligned. As of now, the most recent version of the bill is still supported by the police chiefs and Americans for Safe Access. But California NORML, the Drug Policy Alliance and Law Enforcement Against Prohibition oppose it unless it's amended. Click on the title link for more details.

Prescription Opiates

Massachusetts Governor Signs Substance Abuse Bill. Gov. Deval Patrick (D) has signed into law Senate Bill 2142, which expands access to drug treatment by requiring insurers to pay for up to 14 days of inpatient care and bars them from requiring prior authorization. The bill also allows the public health commissioner to classify a drug as "dangerous" for up to a year, effectively banning its use in the state, and it creates a commission to come up with substitutes for opiates. And it has new reporting requirements on overdose deaths, infants born exposed to drugs, and for the state's prescription monitoring program. The bill is a response to increases in opiate addiction and overdose deaths in the state. But it contains no provisions explicitly protecting access to opiates for patients suffering from chronic pain.

International

China Executes Two South Korean Drug Traffickers. Two South Korean citizens were executed for drug trafficking in China yesterday. They were killed after being found guilty in Intermediate People's Court in Baishan, Jilin Province of smuggling about 30 pounds of amphetamines. The two men were the first South Koreans executed in China in a decade. Along with Iran, China is one of the world's leading executioners of drug offenders.

End the Drug War "For the Kids" Coalition Forms [FEATURE]

In a move precipitated by the child immigration border crisis, but informed by the ongoing damage done to children on both sides of the border by law enforcement-heavy, militarized anti-drug policies, a broad coalition of more than 80 civil rights, immigration, criminal justice, racial justice, human rights, libertarian and religious organizations came together late last week to call for an end to the war on drugs in the name of protecting the kids.

The failures of the war on drugs transcend borders. (wikimedia.org)

"The quality of a society can and should be measured by how its most vulnerable are treated, beginning with our children," said Asha Bandele of the Drug Policy Alliance, the organization that coordinated the letter. "Children have every right to expect that we will care for, love and nurture them into maturity. The drug war is among the policies that disrupts our responsibility to that calling."

The groups, as well as prominent individuals such as The New Jim Crow author Michelle Alexander, signed on to a letter of support for new policies aimed at ending the war on drugs.

"In recent weeks," the letter says, "the plight of the 52,000 unaccompanied children apprehended at the US border since last October, many of whom are fleeing drug war violence in Central America, has permeated our national consciousness. The devastating consequences of the drug war have not only been felt in Latin America, they are also having ravaging effects here at home. All too often, children are on the frontlines of this misguided war that knows no borders or color lines."

Organizations signing the letter include a broad range of groups representing different issues and interests, but all are united in seeing the war on drugs as an obstacle to improvement. They include the Black Alliance for Just Immigration, Center for Constitutional Rights, the Institute of the Black World, Presente.org, Students for Liberty, United We Dream, the William C. Velasquez Institute, and the Working Families Organization. For a complete list of signatories, click here. [Disclosure: StoptheDrugwar.org, the organization publishing this article, is a signatory.]

In the past few months, more than 50,000 minors fleeing record levels of violence in the Central American countries of El Salvador, Guatemala, and Honduras have arrived at the US border seeking either to start a new life or to reconnect with family members already in the country. The causes of the violence in Central America are complex and historically-rooted, but one of them is clearly the US war on drugs, heavy-handedly exported to countries throughout the Western Hemisphere in the past several decades.

Those northern Central American countries -- the so-called Northern Triangle -- have been especially hard hit by drug prohibition-related violence since about 2008, when, after the US helped Mexico bulk up its war on the drug cartels via the $2.4 billion Plan Merida assistance package (President Obama wants another $115 million for it next year), the cartels began expanding their operations into the weaker Central American states. Already high crime levels went through the roof.

Honduras's second largest city, San Pedro Sula, now has the dubious distinction of boasting the world's highest murder rate, while the three national capitals, Guatemala City, San Salvador, and Tegucigalpa, are all in the top 10 deadliest cities worldwide. Many of the victims are minors, who are often targeted because of their membership in drug trade-affiliated street gangs (or because they refuse to join the gangs).

Protesting for schools, not prisons in California (Ella Baker Center)
The impact of the war on drugs on kids in the United States is less dramatic, but no less deleterious. Hundreds of thousands of American children have one or both parents behind bars for drug offenses, suffering not only the stigma and emotional trauma of being a prisoner's child, but also the collateral consequences of impoverishment and familial and community instability. Millions more face the prospect of navigating the mean streets of American cities where, despite some recent retreat from the drug war's most serious excesses, the war on drugs continues to make some neighborhoods extremely dangerous places.

"In the face of this spiraling tragedy that continues to disproportionately consume the lives and futures of black and brown children," the letter concludes, "it is imperative to end the nefarious militarization and mass incarceration occurring in the name of the war on drugs. So often, repressive drug policies are touted as measures to protect the welfare of our children, but in reality, they do little more than serve as one great big Child Endangerment Act. On behalf of the children, it is time to rethink the war on drugs."

Although the signatory groups represent diverse interests and constituencies, coming together around the common issue of protecting children could lay the groundwork for a more enduring coalition, said Jeronimo Saldana, a legislative and organizing coordinator for the Drug Policy Alliance.

"The idea was to get folks together to make a statement. Now, we have to figure out how to move forward. The letter was the first step," he said.

"The groups have been very positive," Saldana continued. "They're glad someone was speaking up and putting it all together. What's going on in Central American and Mexico is tied into what's happening in our own cities and communities. This crosses partisan lines; it's really obvious that the failed policies of the war on drugs affects people of all walks of life, and the images of the kids really brings it home. We hope to build on this to get some traction. We want folks to continue to make these connections."

Different signatories do have different missions, but a pair of California groups that signed the letter provide examples of how the drug war unites them.

Child refugee in a US border detention facility (presente.org)
"We have a history of working on behalf of youth involved in the criminal justice system and their families," said Azadeh Zohrabi, national campaigner for the Oakland-based Ella Baker Center for Human Rights. "We see desperate families trying to stay connected, strong, and healthy, but mass incarceration is really making that difficult. We work both with families whos kids are involved in the justice system and with families with one or both parents in prison or who have lost custody of their kids because of their involvement in the criminal justice system," she explained.

"We are working to combat this, and we think the war on drugs overall has had disastrous consequences for families, both here and abroad," Zohrabi continued. "The trillions poured into policing and militarization has just produced more misery. It's time for drugs to be dealt with as a public health issue, not a crime."

"We signed on because the letter is very clear in addressing an important component of the discussion that hasn't really been out there," said Arturo Carmona, executive director of the Latino social justice group Presente.org. "This crisis on the border is not the result of deferring actions against immigrant child arrivals, as many right-wing Republicans have been saying, but is the result of one of the most deadly peaks in crime and violence in the Northern Triangle in recent memory," he argued.

"The violence there is one of the main push factors, and when we talk about this in the US, it's critical that we acknowledge these push factors, many of which are connected to the war on drugs," Carmona continued. "You'll notice that the kids aren't coming from Nicaragua, where we haven't been supporting the war on drugs, but from countries that we've assisted and advised on the drug war, where we've provided weaponry. This is very well-documented."

While Presente.org is very concerned with the immigration issue, said Carmona, there is no escaping the role of the war on drugs in making things worse -- not only in Central America and at the border, but inside the US as well.

"We're very concerned about the chickens coming home to roost for our failed war on drugs policy," he said. "The American public needs to be made very aware of this, and we are starting to see a greater understanding that this is a failed policy -- not only in the way we criminalize our young Latino and African-American kids here in the US, but also in the way this policy affects other countries in our neighborhood. As Nicaragua shows, our lack of involvement there has seen a lower crime rate. Our military involvement through the drug war is an abysmal failure, as the record deaths not only in Central America, but also in Mexico, shows."

Chronicle AM -- August 4, 2014

Sentencing reform bills look to be picking up steam in Congress, Massachusetts is expanding drug courts, Tennessee's welfare drug test law generates unimpressive results, drug reform conferences are coming in Latin America, and more. Let's get to it:

Oregon drug court (co.washington.oregon.us)
Marijuana Policy

Toledo, Ohio, Decriminalization Initiative Campaign Hands in Signatures. Backers of a Toledo municipal decriminalization initiative handed in some 13,000 signatures Monday. They need 6,000 valid signatures to qualify for the November ballot. The campaign is being led by Northwest Ohio NORML.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up Cosponsors. The bill, House Resolution 5226, would exclude low-THC therapeutic cannabis oil from the definition of marijuana under the Controlled Substances Act. It was filed with three cosponsors, and picked up seven more late last week. There are five Democrats and five Republicans now sponsoring it.

Sentencing

Senate Smarter Sentencing Act Picks Up New Cosponsor. The bill, Senate Bill 1410, would allow federal judges to sentence below mandatory minimums in some cases, apply adjusted crack cocaine sentences to people after the passage of the 2010 Fair Sentencing Act, as well as other sentencing reform provisions. The latest cosponsor is Sen. Elizabeth Warren (D-MA). The bill now has 31 cosponsors -- 23 Democrats, two independents, and six Republicans.

House Smarter Sentencing Act Picks Up New Cosponsor. The bill, House Resolution 3382, is identical to the Senate version above. The latest cosponsor is Rep. Betty McCollum (D-MN). The bill now has 49 cosponsors -- 35 Democrats and 14 Republicans.

House Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, House Resolution 3465, introduced by Rep. James Sensenbrenner (R-WI), amends the Second Chance Act of 2007 to allow for funding for grants for family-based drug treatment and for drug treatment and criminal justice collaboration for people leaving prison. The latest cosponsor is Rep. Marc Veasey (D-TX). The bill now has 40 cosponsors -- 33 Democrats and seven Republicans.

Drug Testing

Tennessee Welfare Drug Testing Law Screens 800 Applicants; One Fails Drug Test. In the first month that the new welfare drug screening and testing law went into effect, 812 applicants were asked to submit to screening for evidence of possible drug use. Four refused the initial screening, a series of questions about drug use. After initial screening, only six people were asked to submit to drug tests in order to receive benefits. Five out of the six passed. One failed the drug test.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up Cosponsor. The bill, House Resolution 5212, was introduced late last week by. Rep. Tim Wahlberg (R-MI). It would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to prove a property owner's involvement in criminal activity. It now has a cosponsor, Rep. Renee Elmers (R-NC).

Law Enforcement

Massachusetts to Expand Drug Courts. Faced with an increase in heroin overdoses and opiate addiction, the state will add five drug courts to the 21 it currently has. Drug reformers criticize drug courts as not the answer for dealing with people whose only "crime" is their drug habit.

International

Mexican State Moves to Limit Coverage of Violent Crime. The state of Sinaloa, home to -- you guessed it -- the Sinaloa Cartel, has barred reporters from covering the violence there. The state congress last Thursday approved a law that restricts journalists to official government press releases for crime information and bans them from inspecting the scene, taking any photos or videos, or recording audio on-site.

Uruguay Solicits Bids for Marijuana Growers. Would-be marijuana growers in Uruguay have until August 18 to submit bids for licenses to grow pot at government-run fields and then sell it to consumers. The government there will license up to five growers.

Colombia Drug Reform Conference Later This Month. A drug reform conference will be held in Bogota on August 14 and 15. The conference is "Drug Policy 25 Years After the Death of Luis Carlos Galan: How Much Have We Advanced?" The Drug Policy Alliance's Ethan Nadelmann and Dr. Carl Hart will be there, as will numerous Colombian and other Latin American presenters and participants. Click the title link for more details.

Fifth Annual Latin American Drug Reform Conference in Costa Rica Next Month. The hemispheric conference will be held in San Jose on September 3 and 4. The conference will also include the First Annual Central American Drug Reform Conference. Click on the title link for lots more information.

Denmark's Liberal Alliance Calls for Drug Decriminalization. The opposition Liberal Alliance called at its summer meeting Sunday for the decriminalization of the possession of all drugs, increasing the use of medical marijuana in the national health sector, and continuing the safe injection site initiative. "We know that it doesn't help to punish people for being in possession of drugs," said party leader Anders Samuelson. "We are not talking about a total liberalization of drug dealing. It should still be illegal to sell drugs, but not to be in possession of them." The proposal is not winning support from other political parties.

House Passes Pain Meds Bill

The House of Representatives on Tuesday passed House Resolution 4709, the Ensuring Patient Access and Drug Enforcement Act of 2014. The measure sponsored by Rep. Tom Marino (R-PA) passed on a voice vote.

Attempts in recent years to tighten up access to opiate pain medications have led to insistent charges that legitimate pain patients are left to suffer needlessly. This bill attempts to both reduce the diversion of prescription medications and ensure that people with medical needs for them have access.

The bill does the former by amending the Controlled Substance Act (CSA) to clarify that when the Justice Department issues a license to manufacture, distribute, or dispense a controlled substance "consistent with the public health and safety," that means the issuance of the license has a substantial relation to the CSA's purpose of preventing diversion and abuse.

It also clarifies that when the Justice Department issues a finding of "imminent danger" justifying the immediate suspension of such a license, that means a significant, current risk of death or serious bodily injury is more likely to occur without such a suspension.

The bill includes language providing some protections to licensees who face a revocation of their registrations. The Justice Department must provide specific grounds for doing so, and if it alleges a legal violation, it must cite the specific law. The Department would also have to give the registrant the opportunity to present a corrective plan of action.

When it comes to ensuring patient access to prescription pain medications, the bill calls for the Department of Health and Human Services, through the Food and Drug Administration and the Centers for Disease Control and Prevention, to assess "how patient access to medications could be adversely impacted by federal and state enforcement activities" and identify "how collaboration between agencies and stakeholder can benefit patients and prevent diversion and abuse of controlled substances."

The bill specifies that such an evaluation include consultation with patient groups, as well as pharmacies, drug manufacturers, health care providers, state attorneys general, state and federal law enforcement agencies, health insurance providers, common carriers, and wholesale drug distributors.

The measure now goes to the Senate.

Washington, DC
United States

Chronicle AM -- August 1, 2014

The New York Times isn't done talking about marijuana, a House committee hears about stoned driving, you can comment now on Maryland's draft medical marijuana regulations, federal asset forfeiture and overdose prevention bills get introduced, and more. Let's get to it:

The New York Times says it's time for Reefer Madness to come to an end.
Marijuana Policy

New York Times Has a Week's Worth of Legalization Editorials. The Times's editorial last Sunday calling for the end of federal marijuana prohibition, Repeal Prohibition, Again, was only the beginning. Throughout this week, the "newspaper of record" has kept at it -- and there's still more to come. The other editorials printed so far are Let States Decide on Marijuana, The Injustice of Marijuana Arrests, The Federal Marijuana Ban is Rooted in Myth and Xenophobia, and What Science Says About Marijuana. Still to come are editorials addressing track records and regulation. There is also a blog post providing background on the Times's decision to endorse legalization.

House Holds Hearing on Stoned Driving. The House Oversight and Government Reform Committee held a hearing yesterday on driving under the influence of marijuana, "Planes, Trains and Automobiles: Operating While Stoned," but the upshot was that the federal government has very little information about stoned driving and little basis for setting a legal limit for marijuana impairment. "No one is arguing that [driving while high is] a good idea, but the fact of the matter is that we don't have a lot of data," said Democratic Rep. Gerry Connolly. "[Public policy has] got to be based on science, and we need more of it." Researchers testifying before the committee agreed. Click on the hearing link to watch the whole thing.

Washington Attorney General Intervenes in I-502 Lawsuits. Attorney General Bob Ferguson yesterday moved to intervene in three marijuana lawsuits filed against the cities of Wenatchee and Fife, which have passed local ordinances barring the operation of retail marijuana outlets. An opinion released by Ferguson in January concluded that I-502 does not bar localities from banning such businesses, so it appears he will be siding with the localities.

More Michigan Towns to Vote on Marijuana Reform Measures. Three more Michigan communities have joined the list of towns and cities that will vote on municipal legalization measures. Saginaw, Clare, and Harrison all have measures that have qualified for the ballot. In Saginaw, up to an ounce would be legalized; in Clare and Harrison, up to 2.5 ounces. More than a dozen Michigan communities are expected to vote on reform measures in November.

Portland, Oregon, Moves to Tax Marijuana Before It's Even Legal. The city of Portland has created a marijuana advisory committee in anticipation of voters legalizing marijuana statewide in November. The committee is discussing where to allow pot shops, but it is also moving to create a city sales tax -- and it has to do that before the November election because the language of the New Approach Oregon initiative does not allow cities to impose taxes beyond the state tax it imposes. The thinking is that if a tax is passed before the election, it can be grandfathered in.

Medical Marijuana

Maryland Medical Marijuana Draft Regulations are Now Available -- And You Have Until Tuesday to Comment. Maryland's medical marijuana commission has released draft regulations for cultivators and physicians. The Marijuana Policy Project has some problems with them, including calls for an "unnecessary" training course on medical marijuana for all certifying physicians, mandatory drug testing for patients, and a requirement that doctors specify dosage and strain type. These are draft regulations, but the period for comment on the draft ends Tuesday. Interested parties can email the commission to register their comments.

Legitimate Use of Medicinal Marijuana Act Picks Up New Cosponsor. House Resolution 4498, the Legitimate Use of Medical Marijuana Act, has picked up a fourth cosponsor, Rep. Earl Blumenauer (D-OR). The bill, sponsored by Rep. Morgan Griffith (R-VA), would move marijuana from Schedule I to Schedule II of the Controlled Substances Act and block the act from being used against medical marijuana in states where it is legal.

Sentencing

Smarter Sentencing Act of 2014 Picks Up New Cosponsor. Senate Bill 1410, the Smarter Sentencing Act of 2014, has picked up its 31st cosponsor, Sen. Patty Murray (D-WA). The bill would allow judges in some cases to sentence without regard to mandatory minimums, reduce mandatory minimums, and allow people sentenced for crack offenses after the 2010 Fair Sentencing Act went into effect to seek sentence reductions.

Harm Reduction

Senator Jack Reed Introduces Overdose Prevention Act. Sen. Jack Reed (D-RI) and four Democratic cosponsors today introduced the Overdose Prevention Act, which would expand overdose prevention services and providing funding for access to the overdose reversal drug naloxone. The bill is not yet up on the congressional web site.

Asset Forfeiture

Rep. Tim Walberg Introduces Asset Forfeiture Reform Bill. Rep. Tim Walberg (R-MI) has filed House Resolution 5212, the Civil Asset Forfeiture Reform Act. The bill would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to  prove a property owner's involvement in criminal activity. This is the second asset forfeiture reform bill filed in as many weeks. Last week, Sen. Rand Paul (R-KY) filed the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.

Law Enforcement

Justice Department Report Scolds DEA for Leaving Student in Cell for Five Days. A Justice Department report on the detention of San Diego student Daniel Chong, who was left unattended in a holding cell for five days at a DEA office there, has concluded that the DEA did not take simple measures to ensure that detainees are not forgotten. The report also slammed the agency for having the same agents who left Chong in the cell conduct the investigation into how it happened. Chong earlier received a $1.4 million payout from the DEA to settle a lawsuit he brought against the agency.

International

Russian Drug Agency Proposes Giving Social Benefits to Recovering Drug Users. In something of a surprise move, the Russian Federal Drug Control Service has proposed providing free housing, food subsidies, and home health care to help recovering drug users progress in their rehabilitation. The bill would add drug addicts to a list of categories of people considered socially vulnerable, such as senior citizens and people with disabilities. The proposal has drawn harsh criticism from opponents, who argue that it would encourage drug use.

Chronicle AM -- July 30, 2014

Marijuana arrests are up in a third of the states, the drug czar's office responds to the New York Times, Dr. Carl Hart wins a literary award, Philly narcs get busted, and more. Let's get to it:

Bus ad for the Alaska marijuana legalization campaign.
Marijuana Policy

ONDCP Responds to New York Times Call to End Federal Marijuana Prohibition. In a Monday night blog post, the Office of National Drug Control Policy (ONDCP -- the drug czar's office) responded to the New York Times's Sunday editorial calling for the end of federal marijuana prohibition. "Marijuana legalization is not the silver bullet solution," ONDCP proclaimed. "The New York Times editorial team failed to mention a cascade of public health problems associated with the increased availability of marijuana," the blog post reads. "While law enforcement will always play an important role in combating violent crime associated with the drug trade, the Obama Administration approaches substance use as a public health issue, not merely a criminal justice problem." Click on the link to read the whole post.

NORML PAC Endorses Constance Johnson for US Senate in Oklahoma. NORML PAC, the campaign and lobbying arm of the National Organization for the Reform of Marijuana Laws (NORML) has endorsed state Sen. Constance Johnson (D) for the US Senate in Oklahoma. Johnson has been an advocate for medical marijuana and marijuana legalization and, this year, has been leading a petition drive to put legalization on the November ballot. "I'm incredibly thankful for NORML's endorsement, " said Sen. Johnson. "After years of stonewalling in the state legislature, I'm taking this fight to the people. It's time for the people of Oklahoma to speak on this issue." The Democratic primary is August 26.

Marijuana Arrests Up in Many States. Although annual marijuana arrests nationwide declined by 3.3% between 2008 and 2012, they increased in at least 17 states, according to a report published by NORML, Marijuana in the States 2012: Analysis and Detailed Data on Marijuana Use and Arrests. South Carolina and the District of Columbia saw the biggest increases, but DC has just decriminalized marijuana possession, so that should change soon. Marijuana arrests accounted for two-thirds of more of all drug arrests in five states: Nebraska (74.1%), New Hampshire (72%), Montana (70.3%), Wyoming (68.7%) and Wisconsin (67.1%).

Alaska Legalization Campaign Unveils News Bus Ads. The Campaign to Regulate Marijuana Like Alcohol In Alaska unveiled a series of bus ads yesterday in Anchorage that highlight the relative safety of marijuana compared to alcohol. The ads will appear throughout the week on city buses.

National Cannabis Industry Association Announces Food Safety Program for Edibles Makers and Responsible Selling Program for Retailers. The National Cannabis Industry Association will hold a ServSafe Food Safety training for edibles makers and a responsible selling program for budtenders in Denver next month. Click on the link to register.

Medical Marijuana

New York Governor Tells Health Department to Hurry Up with Medical Marijuana. Impelled by the deaths of two children with epileptic seizure disorders whose conditions could be alleviated with medical marijuana, Gov. Andrew Cuomo today sent a letter to the Department of Health urging it to find ways to "accelerate the process for this specific dire population." Cuomo added that he looked forward "to any progress you can make for the children of our state living with epilepsy."

Fired University of Arizona Medical Marijuana Researcher Loses Appeal. Dr. Sue Sisley, the University of Arizona researcher whose pending study of medical marijuana to treat PTSD among veterans was halted when she was fired last month, has lost an appeal to regain her job. Sisley is now looking for a new academic home to pursue the research.

Law Enforcement

Six Philadelphia Narcs Charged in Corruption Probe. The long-running scandal around Philadelphia's out-of-control narcotics units took another twist today when federal prosecutors filed criminal charges against six of them, including robbery, extortion, kidnapping, and drug dealing. They are accused of shaking down drug dealers and stealing hundreds of thousands in cash and drugs over a six-year period. Federal prosecutors asked that they be held without bail, given their violent histories.

Drug Science

Dr. Carl Hart's "High Price" Wins Science Writing Award. Dr. Carl Hart, a neuroscientist and associate professor of psychology and psychiatry at Columbia University (and Drug Policy Alliance board member), has been awarded the PEN/EO Wilson Literary Science Writing Award for his memoir, "High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society." Read our review of "High Price" here.

International

Medical Marijuana Civil Disobedience Action in Italy. Activists affiliated with the Italian Radical Party have engaged in civil disobedience over medical marijuana by planting seeds to grow specifically selected marijuana plants to treat patients with multiple sclerosis. The move is a result of frustration with the lack of effective access to medical marijuana in the country, where only 60 patients manage to obtain Dutch-produced medical marijuana through the Public Health Service. Click on the link for more details.

(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.)

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