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Uruguay's Mujica is the Grumpy Old Man of Global Marijuana Legalization

Uruguay will formally unveil the regulations for its legal marijuana commerce next week, although the broad outlines are already known. The stuff will be genetically tracked from seed to sale and beyond, it'll see for less than a buck a gram, and registered consumers will only be able to buy 40 grams a month.

Jose "Pepe" Mujica. Not exactly Captain Cannabis. (wikimedia.org)
It's not exactly a free-for-all. Instead, it's a tightly regulated effort to break the black market in marijuana in the country, where it's never been a crime to smoke pot. And it's most definitely not about creating a pothead utopia, as Uruguayan President Mujica showed in an interview yesterday with the Associated Press.

In that interview, Mujica, a former leftist guerrilla who spent years in prison during the time of military dictatorship in the 1970s, made clear that he's no hipster.

"We don't go along with the idea that marijuana is benign, poetic and surrounded by virtues. No addiction is good," he said. "We aren't going to promote smoke fests, bohemianism, all this stuff they try to pass off as innocuous when it isn't. They'll label us elderly reactionaries. But this isn't a policy that seeks to expand marijuana consumption. What it aims to do is keep it all within reason, and not allow it to become an illness."

Well, with all due respect, Mr. Mujica, you sound like an elderly reactionary. This is a guy who has never smoked pot, and it shows. Referring to marijuana use as an addiction puts him in the company of mad scientists like NIDA head Dr. Nora Volkow and the professional prohibitionists of Project SAM, and spouting platitudes like "no addiction is good" manages to conflate being physically addicted to things like heroin and prescription opiates to habitually puffing a pot pipe or having a cup of coffee first thing every morning.

Mujica also took some gratuitous pot shots at Colorado's legalization regime and at medical marijuana in the US. Uruguay's system will be superior to Colorado's, he said, because Colorado doesn't track pot after it is purchased.

The AP quoted Mujica as saying "it's a complete fiction what they do in Colorado," which seems to be his way of claiming that legalization there is out of control because it doesn't track individual purchasers. Well, I find it kind of creepy to think the government is keeping track of my consumption habits (like with, say, a prescription monitoring database—oops, never mind), and I have to wonder why Mujica isn't pushing for something similar for alcohol purchases in his country.

And, Mujica said, the medical marijuana laws in US states are based on "hypocrisy" because they allow people with "fake illnesses" to obtain marijuana. Well, he has something of a point there, but only to a degree. California is by far the most wide open medical marijuana state, and people do take advantage of the loosely-written law to obtain and use medical marijuana without fear of arrest.

California can remedy that by recognizing reality and just getting on with legalization, as it will almost certainly do in 2016. But the other medical marijuana states are much more restrictive, and, perversely, the more public support grows for medical marijuana, the tighter the restrictions seem to be.

So, why is Mujica being such a grumpy old man about marijuana legalization? After all, he's the guy who pushed it through in Uruguay. I think there are a couple of things going on.

First, he's a square. He's a straight, old leftist, a former revolutionary, with no experience with marijuana and no connections to the cannabis culture. He really sees this as a public health and public security problem, not as a step toward human liberation. In that sense, he's your grandpa.

But he's also moving forward with legalization in the face of strong public opposition to it in Uruguay.  In a poll last week, nearly two-thirds remained opposed to the new law, although 51% said it was better to give it a chance than to kill it at birth. I suspect many of Mujica's comments were made with that domestic audience in mind. In that sense, he's a smart politician.

And grumpy old man he may be; he's still the guy who is leading the first country to break with global pot prohibition. Adelante, companero.

Location: 
Montevideo
Uruguay

Chronicle AM -- May 2, 2014

Washington state should see marijuana retail stores open in July after license lottery winners were announced, limited CBD medical marijuana bills continue to move, a Washington state family of patients faces a federal trial, and the OAS wraps up its drug meeting in Washington, DC. And more. Let's get to it:

Marijuana Policy

Colorado Cannabis Credit Union Bill Modified Into Study Bill. A bill to create credit union-style financial institutions to handle money for the state's marijuana industry has been turned into a study bill. House Bill 14-1398 was amended in the House Finance Committee Thursday evening. Rep. Kevin Priola (R-Henderson) said he offered the amendment because he didn't feel comfortable approving a first-in-the-nation policy on short notice as the legislative session winds down. The session ends next week.

Colorado Bill to Seal Criminal Records for Minor Marijuana Convictions Fails. A bill to seal criminal records for some minor marijuana convictions died in a Senate committee Thursday. Senate Bill 14-218 was defeated in the Appropriation Committee after having been amended to apply only to crimes that were considered petty offenses before legalization. Advocates had hoped the bill could open the door to a broader sealing of marijuana-related convictions.

Washington State Announces Winners of Marijuana Store Lottery. The Washington State Liquor Control Board has announced the winners of the lottery for marijuana retail licenses. Some 334 stores will be licensed, but there were 1,174 applicants; thus, the lottery system. Some jurisdictions with little or no competition didn't require lottery participation, but most had multiple applications for the same spot. The board says it expects to start issuing retail licenses no later than the first week of July, so stores could be open there by the end of that month.

Medical Marijuana

Florida Legislature Approves Limited CBD Medical Marijuana Bill; Governor Says He Will Sign It. In something of a surprise move, the House yesterday approved a bill allowing the use of CBD cannabis oil for epilepsy. Senate Bill 1030 then went back to the Senate today, which approved it on the final day of the legislative session. Gov. Rick Scott (R) surprised supporters and told reporters late Thursday that if they pass it, he will sign it.

Latest Version of Minnesota Medical Marijuana Bill Bans Smoking It. The Senate Finance Committee has approved a medical marijuana bill, but one that doesn't allow patients to smoke it. Senate File 1641 would allow patients to use a vaporizer in non-public places, though. Sponsor Sen. Scott Dibble (DFL-Minneapolis) said he reluctantly included the smoking prohibition to appease opponents. Meanwhile, the sponsor of the House version of the bill, House File 1818, Rep. Carly Marlin (DFL-Hibbing) has now modified her bill to make it a limited clinical trial bill. It would also prohibit smoking. Medical marijuana advocates are split on the move, with some saying they feel betrayed. Minnesota is proving an awfully tough nut to crack when it comes to medical marijuana.

More Than Half of Oregon Cities and Counties Have Dispensary Moratoriums. The Oregon Health Authority on Thursday released a list of local governments that have imposed moratoriums on medical marijuana dispensaries. According to the state, 131 cities and 25 counties enacted moratoriums on dispensaries. Oregon has 242 incorporated cities and 36 counties. Oregon passed a law regulating dispensaries, but localities could enact moratoriums until yesterday. Those moratoriums can only extend through May 2015.

Pennsylvania Governor Now Supports Limited CBD Medical Marijuana Bill.Gov. Tom Corbett (R) remains opposed to legalizing marijuana for medical use but now makes one exception: the use of a marijuana extract to treat severe seizures in children, his office said Thursday. Corbett's office first confirmed to The Associated Press that the Republican governor had met with several parents to tell them in person about his decision. The move came a day before patients and their families had vowed to stage at a sit-in at his office.

Washington State Family of Medical Marijuana Patients Fights Federal Drug Trafficking Charges, Faces Decades in Prison. A Kettle Falls family and a close friend are being tried as drug traffickers by federal prosecutors, even though they were in compliance with state medical marijuana laws and even though they don't appear to meet Justice Department criteria for prosecution. Larry Harvey, his wife, their son and his wife, and a family friend have refused plea offers that would have seen them sent to prison and are now preparing for trial. The Huffington Post has an extensive report; just click on the link.

Harm Reduction

Missouri Legislature Passes Bill to Provide Overdose Reversal Drug to Police and First Responders. The legislature Wednesday night gave final approval to House Bill 2040, which will allow police and emergency first responders to carry and administer the opiate overdose reversal drug naloxone (Narcan). No word on if the governor intends to sign the bill into law.

International

OAS Drug Commission Concludes Biannual Conference. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) concluded on Thursday its 55th Regular Session with a review of current drug policies in the hemisphere, in compliance with the mandate that the hemispheric institution received from the leaders of the region at the Summit of the Americas in 2012. Secretary General Jose Miguel Insulza highlighted the contributions that the hemispheric institution has made to the global drug problem, and called both the Report on the Drug Problem in the Americas (Analytical Report and Scenarios Report), and the Declaration of Antigua Guatemala adopted by all Member States of the OAS at the 2013 General Assembly in in Guatemala, that calls for a Special General Assembly focused on the discussion of the issue, "substantial contributions to the discussions on this topic that are being developed around the world." Insulza added that the conclusions of the Special General Assembly that the OAS will hold on the world drug problem in September in Guatemala "will surely represent a major contribution to the debate on drug policy that the United Nations will undertake in 2016."

Chronicle AM -- April 29, 2014

Pressure builds for marijuana legalization in Illinois, a California medical marijuana patient is bumped off the liver transplant list, the drug czar's office slams the idea of criminalizing drug use by pregnant women, and the founder of the Pirate Party has some choice words on drug policy. And more. Let's get to it:

The founder of Sweden's Pirate Party has some choice words about Swedish drug policies.
Marijuana Policy

Illinois Lawmakers Call for Legalization. Three Chicago-area Democratic state legislators and a Cook County commissioner held a press conference Monday to call for the decriminalization of marijuana possession, to be followed by complete legalization. The three reps are Mike Zalewski, Kelly Cassidy, and Christian Mitchell, ahd the commissioner is John Fritchey. They have not filed any legislation, but want fellow Democrats in the General Assembly to green-light a task force to study the issue.

Coloradans Still Favor Legalization. A new Quinnipiac University poll finds that Colorado voters support their legalization law, with 54% in favor. Only two demographic groups -- Republicans and voters over 65 -- thought it was a bad idea; in all other demographic groups, there was majority support. A majority of respondents also agreed that driving has not become more dangerous and that legalization would save money in the criminal justice system. Only 15% of respondents said they had bought pot since it has been legalized.

Hawaii THC Ministry's Roger Christie Gets Five Years in Prison; Already Served Four Awaiting Trial. A Big Island man who openly used his ministry to promote marijuana use was sentenced Monday to five years in federal prison for having 300 pot plants as part of a distribution ring. Roger Christie, founder of The Hawaii Cannabis Ministry, also known as the THC Ministry, has served nearly four years in federal detention. Based on how credit for time served is calculated, he could be released in a month or two. A federal grand jury indicted the Christies and 12 others on marijuana trafficking counts after a 2010 raid of the ministry. Christie has been in federal detention since, while his wife has been free on bail. Christie and his wife had tried to fight the charges on religious freedom grounds, but lost in the courts. They then pleaded guilty.

Medical Marijuana

Florida Senate Passes Limited CBD Medical Marijuana Bill. The state Senate Monday approved a bill that allows low-THC, high-CBD cannabis oil to be used by patients suffering seizure disorders. Senate Bill 1030, also known as the Charlotte's Web bill after a certain high-CBD strain, now heads to the House, where its fate remains uncertain as leaders there raise questions about whether an extract could be made safe enough to distribute.

Minnesota Senate Committee Approves Compromise Medical Marijuana Bill. The Senate State and Local Government Committee approved a medical marijuana bill Tuesday. Senate File 1641 now heads to the Senate Judiciary Committee for a Wednesday hearing. Companion legislation has also moved in the House.

Colorado Bill to Make PTSD as Qualifying Medical Condition Killed in House Committee Vote. A bill that would have added post-traumatic stress disorder (PTSD) to the list of 'debilitating medical conditions' that qualify for a medical marijuana recommendation was killed in committee Monday. House Bill 14-1364 failed to pass the House State, Veterans and Military Affairs Committee, a move decried by the Drug Policy Alliance. "It's insane that in a state with legal marijuana veterans don't have the same right as anyone else over 21 -- especially considering how many lives are at stake," said Art Way, senior Colorado policy manager for the group. "No veteran should have to risk benefits or feel stigmatized when they use medical marijuana."

California Patient Denied Liver Transplant Over Marijuana; Sign the Petition Here. Stanford University Medical Center has removed Hep C and cirrhosis sufferer Richard Hawthorne from its list of people in line to get liver transplants because he uses medical marijuana to alleviate his symptoms. Stanford removed Richard from the list based on "national standards." It said: "The national protocols include factors that may lead to disqualification, which include both use of drugs and alcohol." Hawthorne uses medical marijuana with a doctor's recommendation. There were only 333 signatures on the petition to get him reinstated at press time. Click on the link to add yours.

Prescription Opiates

New York Lawmakers Introduce Package of Bills Targeting Heroin, Prescription Opiates. New York lawmakers have introduced a set of bills to help fight heroin with tougher penalties for dealers, more funding for overdose-reversal drugs and increased better coverage for treatment. The six bills would increase penalties for selling opioids -- a class of drugs including heroin, oxycodone and hydrocodone -- that result in death; equip first responders with overdose-reversal drugs; require health insurance providers to cover rehab programs and anti-addiction medication; create a public service announcement targeted at teenagers; and provide rehabilitation in communities.

Reproductive Rights

Drug Czar's Office Slams Tennessee Bill Criminalizing Drug Use by Pregnant Women. As Gov. Bill Haslam (R) ponders whether to sign a recently passed bill criminalizing drug use by pregnant women, acting Office of National Drug Control Policy head Michael Botticelli visited the state to say it was a bad idea. "Under the Obama administration, we've really tried to reframe drug policy not as a crime but as a public health-related issue, and that our response on the national level is that we not criminalize addiction," he said. "We want to make sure our response and our national strategy is based on the fact that addiction is a disease." The proposal has garnered national attention and vocal state and nationwide opposition from constitutional and reproductive rights groups. More than 10,500 people signed a petition asking for the governor's veto. Today is Haslam's deadline to act.

International

Tory Think Tank Urges British Conservatives to Decriminalize Drugs, Embrace Marijuana Reform. The Conservative Party think tank Bright Blue has issued a series of policy proposals to reinvigorate Conservative electoral support, including abandoning the war on drugs and embracing at least partial marijuana legalization. While the proposal is unlikely to find favor with Home Secretary Theresa May and others on the Tory right it does reflect a growing international trend following the legalization of marijuana in some US states. The Liberal Democrats have already said they will set up a Royal Commission to overhaul Britain's drugs rules and some within Labor would back a similar approach.

Pirate Party Head Admits Drug Use, Tells Sweden to "Get Real" About Drug Policy. Rick Falkvinge, founder of the Pirate Party, has been identified as one of eight European Parliament candidates who have tried drugs. He is unapologetic: "No, I haven't 'tried' drugs. I have 'used' drugs, and enjoyed it. That's the whole damn point," he wrote. "The Swedish elitist debate is seriously deranged on these issues -- to start getting realistic, we must first acknowledge that people are using drugs because they enjoy doing so. It's really no difference from enjoying a glass of wine or a fine cognac. Or for that matter, a cup of coffee, which is a very common drug that was once banned in Sweden as -- wait for it -- a 'gateway drug to heavier abuse'. Yes, you read that right." The Pirate Party aims to decriminalize the personal use of controlled substances as well as the possession of small amounts of drugs for personal use. "This is a very firm anchor in our civil liberties platform," he said. The Pirate Party earned 7.1% of the vote in the 2009 European elections. It was founded amid the debate about illegal downloading of film and music. It initially focused on promoting looser copyright laws and restrictions on the authorities' powers to snoop on computer users. The party now campaigns on a wide range of issues.

Uruguayans Still Oppose Marijuana Legalization Law, But Want to Give It a Chance. A new poll from CIFRA finds that 64% still oppose the country's legalization law, basically unchanged from 65% against it before the law was passed last year. But a narrow majority, 51%, said "it is better to wait until the bill is in effect to see if it truly works before rejecting it." Meanwhile, 46% of respondents want the bill "abrogated immediately."

Chronicle AM -- April 24, 2016

Marijuana, weed, pot, cannabis, whatever you call it, it's sure making a lot of news these days. Plus, harm reduction comes to Georgia, and Bolivia wants to shoot down drug planes. And more. Let's get to it:

Marijuana Policy

Nevada Legalization Initiative Gets Underway, Aims At 2016. The Campaign to Regulate Marijuana Wednesday filed a petition with the Nevada Secretary of State to legalize the recreational use of marijuana in the Silver State. The group needs to get 101,667 signatures by November 11 to move the process forward. If the signatures are collected on time, the initiative would then go before the state legislature in 2015. The legislature can approve it or vote it down, but if it is voted down, it would go before the voters in the 2016 general election.

Colorado Edibles Regulation Bill Passes House. A bill to tighten laws governing the sale of marijuana-infused edibles in Colorado was unanimously passed by the state House of Representatives on Tuesday after two deaths possibly linked to the ingestion of cannabis products shed light on the lack of guidelines for edibles. With House Bill 1361, Colorado lawmakers are aiming to limit the amount of concentrated marijuana that can be sold through a bill requiring more specific labeling of pot-laced products, such as candies and baked goods, as well as restricting the amount of the THC chemical in edibles.

Possession Of Marijuana In Brooklyn Decriminalized In Small Quantities. Marijuana users in Brooklyn will get slapped with a mere $100 fine for possession so long as they don't have a criminal record. Brooklyn DA Ken Thompson said he will no longer be prosecuting marijuana smokers for possession provided they have no previous criminal history or have been busted for weed before. The DA said in a memo made public by the New York Post Wednesday that marijuana laws disproportionately hurt youths of color, especially those without previous records.

New York Poll Has Support for Legalization at 43%. A new Siena Poll has support for legalization in the Empire State at 43%, with 52% opposed and 5% undecided. There were majorities for legalization among Democrats, liberals, men, and people under 35. Medical marijuana fared better, with 51% backing a full medical marijuana law, 26% favoring Gov. Cuomo's (D) limited program, and only 21% opposed to any medical marijuana. Click on the link for the cross-tabs.

DC Legalization Initiative Gets Go-Ahead for Signature Gathering. The DC Board of Elections gave a green light Wednesday for campaigners to begin collecting signatures to put a marijuana legalization initiative on the November ballot. The campaign must turn in approximately 22,373 valid signatures by July 7 to score a spot on the November ballot. More than 5 percent of registered voters in five of the eight city wards must sign the petition.

Medical Marijuana

Nevada's Clark County (Las Vegas) Receives More Than 200 Applications For Medical Pot Businesses. A total of 206 applications for medical marijuana businesses were filed by 109 legal entities with the county's Business Licensing Department before yesterday's deadline. That total includes 90 applications for dispensaries, 70 applications for cultivation facilities, 45 for production facilities and one for an independent testing laboratory. Businesses who met today's deadline will have until May 2 to submit a zoning application and the accompanying $5,000 fee for the special-use permits needed to operate a medical marijuana establishment. The county commission plans to review and award a limited number of special-use permits at a June 5 public meeting. Businesses can apply for one of four license types.

Vermont House Passes Dispensary Bill, Includes Study of Legalization. The House Wednesday gave preliminary approval to a medical marijuana dispensaries bill, endorsing an amendment that calls for a study of potential tax revenue from legalizing and taxing pot. Senate Bill 247 has already passed the Senate, but have to go back for concurrence with changes made in the House.

California Medical Marijuana Regulation Bill Wins Committee Vote. A bill to impose regulation on the state's medical marijuana industry passed the Assembly Public Safety Committee Tuesday. Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) would make it illegal for doctors to recommend medical marijuana for patients they have not examined, and bar prescriptions by doctors with a financial interest in a pot dispensary. It would also let the Department of Alcoholic Beverage Control enforce laws regulating marijuana and develop plans to tax it beyond the sales tax now levied, while ensuring it is grown and processed safely and in ways safe for the environment. A competing bill favored by law enforcement, Senate Bill 1262 by Sen. Lou Correa (D-Santa Ana), was approved a day earlier by the Senate Business Professions and Economic Development Committee. It would regulate medical marijuana through the Department of Public Health and county health departments.

Missouri House Gives First Approval to CBD Medical Marijuana Bill. The House Wednesday gave initial approval to a bill that would allow the use of CBD cannabis oil by people suffering from seizures. Senate Bill 951 won first round approval by a voice vote. It needs one more vote in the House.

New Mexico Medical Cannabis Program's Medical Advisory Board Recommends Adding Alzheimer's Disease to the List of Eligible Conditions. The Medical Cannabis Program's Medical Advisory Board voted unanimously Wednesday to add neurodegenerative dementia including Alzheimer's disease (AD) to the list of medical conditions eligible for the Medical Cannabis Program. The Secretary of Health will have the final decision. Medical cannabis is currently available to Alzheimer's patients in thirteen of the states that authorize its use.

Iowa CBD Medical Marijuana Bill Passes Senate. A bill that gives prosecutorial immunity to people who possess cannabidiol to treat seizures passed the Senate Thursday. Senate File 2360 would require patients or their caregivers to obtain a state-issued license to possess the drug and must have a neurologist's prescription in order to obtain the license.

Drugged Driving

California Bill Would Impose "Per Se" Drugged Driving Standard. Members of the California Assembly are considering amending legislation, Assembly Bill 2500, to impose "per se" criminal penalties to individuals who drive with trace levels (2ng/ml or above) of THC or other controlled substances in their blood -- regardless of whether he/she is behaviorally impaired. NORML and California NORML oppose this bill.

Harm Reduction

Georgia Governor Signs 911 Medical Amnesty/ Naloxone Law.Governor Nathan Deal (R) signed House Bill 965 Thursday, also known as the Georgia 911 Medical Amnesty bill. Effective immediately, the law grants limited immunity from arrest, charges, or prosecution to people who are experiencing or to those who seek help for a drug overdose in the event that law enforcement find small amounts of drugs and/or drug paraphernalia as a result of the person seeking help. The law also extends legal protections to people who call 911 to report underage drinking poisonings and to those who administer naloxone to someone experiencing a drug overdose. Georgia is the 15th state in the union to enact a 911 Medical Amnesty law and the 19th state to expand access to naloxone through legislation.

International

Bolivia Approves Downing of Drug-Smuggling Planes. A new Bolivian law authorizes the country's military to shoot down planes suspected of smuggling cocaine, though it cannot yet be put into practice because it doesn't have sufficient radar coverage. The law signed Tuesday by President Evo Morales requires that before starting the plan, Bolivia must first purchase and install radar systems, which its borders lack. Other countries in the region with similar shootdown policies include Brazil, Colombia, Honduras and Venezuela, all cocaine transit countries. Peru had a shootdown policy, but halted it after it accidentally blew a US missionary and her infant out of the sky a decade ago.

DC Event on Uruguay Marijuana Legalization Monday. The Washington Office on Latin America is hosting a discussion Monday on "Launching Uruguay's New Law to Regulate Cannabis." Speakers include Julio Calzada, general secretary of the Uruguayan National Drugs Board, and Martin Jelsma, coordinator of the Transnational Institute Drugs and Democracy Program. Click on the title link for more details.

Uruguay to Limit Marijuana Purchases to 10 Grams a Week. In an attempt to thwart illegal resales, Uruguay is limiting licensed buyers of marijuana to 10 grams a week, as the South American country attempts to write its rules for its legal market in the drug, now two weeks overdue. The Uruguayan authorities are developing fees for pot sales to match highly-taxed cigarette and alcohol sales.

Chronicle AM -- April 14, 2014

Maryland decriminalizes and becomes a medical marijuana state, a Tennessee hemp bill awaits the governor's signature, a Kentucky omnibus heroin bill appears dead for the session, a campaign is underway to free a Missouri marijuana lifer, and more. Let's get to it:

billboard for Missouri marijuana lifer Jeff Mizanskey
Marijuana Policy

Maryland Governor Signs Decriminalization Bill. Gov. Martin O'Malley today signed into law Senate Bill 364, making Maryland the 18th decriminalization state. The new law makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

Medical Marijuana

Maryland Governor Signs Medical Marijuana Bill. Gov. Martin O'Malley (D) today signed into law House Bill 881, making Maryland the 21st state with a full-fledged medical marijuana law. The bill allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.

Kentucky Governor Signs Limited CBD Medical Marijuana Bill. Gov. Steve Beshear (D) last Thursday signed into law Senate Bill 124, which will allow the limited use of CBD cannabis oil. Physicians at state research hospitals will be able to recommend use of the drug.

Colorado Bill Would Add PTSD to List of Qualifying Medical Conditions. Even though marijuana is legal in Colorado, one lawmaker, Rep. Jonathan Signer (D-Longmont) has introduced a bill, House Bill 1364, to add post-traumatic stress disorder (PTSD) to the state medical marijuana program's list of qualifying conditions. Because PTSD affects many veterans, who receive federal benefits, Singer said it's important to provide them with the ability to qualify under the state's medical marijuana law.

Arkansas Attorney General Rejects Medical Marijuana Initiative Again. Attorney General Dustin McDaniel has again rejected the popular name and ballot title for the Arkansas Medical Cannabis Act. These are the same folks that put the Arkansas Medical Marijuana Act on the ballot in 2012, but this year, another group, Arkansans for Responsible Medicine has claimed that initiative title. The 2014 Arkansas Medical Marijuana Act is now in the signature-gathering phase.

Vermont Lawmakers Advance Dispensary Bill, But Reject Adding PTSD to List of Qualifying Conditions. A bill that would create dispensaries in Vermont has passed out of the House Human Services Committee, but the committee rejected an effort to add PTSD to the list of qualifying conditions. The measure is Senate Bill 247. It has already passed the Senate.

Hemp

Tennessee Hemp Bills Awaits Governor's Signature. Senate Bill 2495 and House Bill 2445, which would reclassify and regulate industrial hemp, have passed the legislature and await the signature of Gov. Bill Haslam (R). The bills would allow Tennessee farmers to grow hemp for research and development purposes. Earlier this year Congress approved language in a federal farm bill that would allow the cultivation of industrial hemp in the agricultural pilot programs in states that have already passed hemp measures.

Heroin

Kentucky Omnibus Heroin Bill Appears Dead. A bill that responded to heroin use and sales in the Bluegrass State through a combination of increased treatment, overdose prevention, and harsher criminal penalties will not pass this session, a key legislator said. "There's basically no time left to pass it," Sen. Jared Carpenter (R-Berea), cosponsor of Senate Bill 5, said Friday. It had passed the state Senate, but got stalled in the Judiciary Committee in the Democrat-controlled House. The session ends tomorrow.

Law Enforcement

DEA in Illinois Spying on Indoor Garden Stores. The DEA in Illinois has investigated and raided at least two people after watching them make purchases at a legal local gardening center. Both had shopped at Midwest Hydroganics in Crest Hill. One, Angela Kirking, said she and her pet terrier woke to find four flak-jacketed DEA agents and five Shorewood cops in the bedroom of her Ranchwood Drive home at 5:00am on Oct. 11. At least one of the agents held her at gunpoint before 9 grams were allegedly found. A second person, a man from Channahon, was raided and charged with growing marijuana after shopping at Midwest Hydroganics. In both cases, the DEA took interest after it spotted them shopping at the store. Federal investigators then rooted through garbage and compared utility bills to get search warrants. Kirking's attorney said he is challenging the warrants and that he has heard of more cases linked to DEA spying on a legal business since the story broke.

A Quarter Million Immigrants Have Been Deported For Non-Violent Drug Crimes, Report Finds. The report, an analysis of federal immigration data conducted by the Transactional Records Access Clearinghouse at Syracuse University, details how roughly 40,000 people have been deported for drug law violations every year since 2008. That means that nearly 250,000 -- one-quarter of a million -- people were deported for nonviolent drug offenses in just the past six years. A nonviolent drug offense was the cause of deportation for more than one in ten (11%) people deported in 2013 for any reason -- and nearly one in five (19%) of those who were deported because of a criminal conviction. The report reveals that simple marijuana possession was the fourth most common cause of deportation for any crime, and the most common cause of deportation for crimes involving drugs. On average, more than 6,600 people were deported in each of the last two years just for personal marijuana possession, and overall, nearly 20,000 people were deported last year for simple possession of any drug or drug paraphernalia.

Florida Bill to Raise Drug Possession Thresholds Passes House. The House has passed a bill increasing the weight threshold for trafficking in oxycodone and hydrocodone in a move to ease what have been called overly harsh sentencing guidelines. Senate Bill 360 moves the current threshold of four grams of either drug to seven grams of oxycodone and 14 grams of hydrocodone.

Sentencing

Campaign On to Free Missouri Marijuana Lifer. The ongoing campaign to win the release of Jeff Mizansky, the only man in Missouri serving a life-without-parole sentence for a nonviolent marijuana charge, are continuing this month with help from Show-Me Cannabis and Change.org. Show-Me Cannabis has bought billboard space on I-70 near Kansas City (and near Sedalia, where Mizanskey was arrested) to bring attention to his case, and a Change.org petition calling for his release now has more than 360,000 signatures. Mizansky has three convictions, all for marijuana. Campaigners will hold a press conference at the state capitol on April 28.

International

New WOLA Report on Colombia's Peace Prospects Released. As negotiations between the leftist FARC guerrillas and the Colombian government continue, the Washington Office on Latin America (WOLA) has released a new report, Ending 50 Years of Conflict in Colombia, that analyzes the prospects for a peace accord and the challenges that will follow. Click on the title link to read the report.

Chronicle AM -- April 11, 2014

A DC marijuana legalization initiative is about to start signature-gathering, we have a trio of state pot polls, the US Sentencing Commission moves to cut drug sentences, German criminal law professors call for marijuana legalization, and more. Let's get to it:

Marijuana Policy

DC Legalization Initiative Signature Gathering to Get Underway. Signature gathering for the District of Columbia marijuana legalization initiative will begin April 23, the DC Cannabis Campaign said this week. The campaign needs 25,000 valid signatures by July 7 to qualify for the November ballot. An Alaska legalization initiative has already qualified for the ballot there; DC and Oregon now look like the best chances for more legalization initiatives qualifying for the ballot this year.

Louisiana Poll Has Support for Legalization at 44%. The 2014 Louisiana Survey has support for marijuana legalization at 44%, with 54% opposed. Support for medical marijuana was much higher, at 79%. The survey is conducted annually by the Public Policy Research Lab, or PPRL, and sponsored by the Reilly Center for Media & Public Affairs in the LSU Manship School of Mass Communication.

New Hampshire Poll Has Support for Legalization at 55%. There is solid majority support for legalization in the Granite State. A new WMUR Granite State Poll found found 55% of adults in the state support legalizing the possession of small amounts of marijuana for personal recreational use. Only 38% oppose legalization. Support for legalization is up seven points in the last 14 months.

Rhode Island Poll Has Support for Legalization at 48%. More Rhode Islanders support legalization than oppose, but it doesn't quite have majority support just yet, according to a new Brown University poll. The survey has 47.6% supporting legalization, with 39.3% opposed.

Rhode Island Report Says State Could Generate Tens of Millions in Legal Marijuana Tax Revenue. Maybe this will get those poll numbers up. A new report from Open Doors, a local criminal justice reform group, estimates that if the state were to pass a tax and regulate legalization bill, it could gain between $21.5 and $82 million in annual tax revenues. A legal marijuana industry would also create hundreds of new jobs in the state, the report found.

Medical Marijuana

Minnesota Medical Marijuana Bill Gets Senate Committee Hearing, No Action Taken. The Senate Committee on Health, Human Services and Housing held a hearing Thursday on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

Tennessee Senate Passes CBD Medical Marijuana Study Bill. The Senate Wednesday approved a CBD medical marijuana study bill. The measure would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures. A vote is pending in the House.

Drug Policy

Rev. Al Sharpton's National Action Network Convention To Address Drug War. The largest civil rights convention of the year has the war on drugs on its agenda. A panel called "Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans" will address racial justice and the war on drugs Saturday. The convention started Wednesday and continues through Monday. Click on the link for all the details.

Salvia Divinorum

Rhode Island Bill to Ban Salvia Divinorum, Jimson Weed Advances. A bill that would ban the hallucinogenic drugs salvia divinorum and jimson weed has passed the House. House Bill 7191, sponsored by Rep. Arthur Corvese (D-Providence) seeks to target unregulated substances by prohibiting them. It now goes to the state Senate.

Law Enforcement

Maine Drug War Enhancement Bill Passes House. The House approved an amended version of Gov. Paul LePage's (R) bill to respond to drug problems in the state by increasing drug law enforcement. Legislative Document 1811 was amended by the Criminal Justice and Public Safety Committee to add funding for drug treatment and reduce the number of new drug agents, prosecutors and judges to be hired, but is still opposed by groups like the ACLU of Maine. The bill now moves to the Senate.

NYPD's Most Sued Narc Is Off the Streets. Detective Peter Valentin of Bronx Narcotics is off the streets. Valentin, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

Collateral Sanctions

Missouri Could End Lifetime Food Stamp Ban for Drug Offenders. Missouri is one of only 10 states that have not opted out of a lifetime federal ban on food stamps for people with drug felonies, but that could change this year. A bill to end the ban, Senate Bill 680, passed the Senate last week and appears to have bipartisan support in the House. Bill sponsor Sen. Kiki Curls (D-Kansas City) said she accepted amendments imposing some restrictions -- retaining the ban for three-time drug felons, requiring a one-year wait for eligibility -- as necessary to move the bill forward.

Sentencing

US Sentencing Commission Votes to Reduce Guidelines for Drug Sentences. The US Sentencing Commission voted Thursday to reduce sentencing guidelines for certain people convicted of nonviolent drug offenses. The amendment would reduce the average sentence for drug traffickers by 11 months, by lowering the drug sentencing guidelines two levels. Attorney General Eric Holder endorsed the change during testimony before the commission last month. The amendment will go to Congress for its approval on May 1. Congress has six months to introduce and pass legislation to stop the proposed changes before they become law on November 1.

International

German Criminal Law Professors Call for Marijuana Legalization. Over 120 German professors of criminal law are supporting an initiative to legalize cannabis. They have called on the Bundestag to discuss the issue. The professors are part of the "Schildow Circle," founded two years ago by Lorenz Bollinger, professor emeritus of criminal law at Bremen University. Prime Minister Angela Merkel's coalition is skeptical.

Denmark Opens More Safe Injection Sites. Denmark's first safe injection site for hard drug users opened in October 2012. Now there are three in Copenhagen and at least one in each of Denmark's main cities. They have never had a fatal drug overdose on site.

Mexico Intra-Cartel Clashes Leave 28 Dead. At least 28 people have been killed in clashes between rival factions of the Gulf Cartel in northeastern Tamaulipas state since last weekend. Authorities described the fighting as "clashes or score-settling between criminal groups." The fighting comes after the February arrest of local Gulf Cartel leader Javier Garza, "El comandante 14."

Drug Bill in Australia's Capital Territory Will Ban New Drugs, Adjust Quantities That Trigger Dealing Charges. Under legislation proposed yesterday, Australia's Capital Territory (greater Canberra) will increase the quantity of drugs needed to trigger trafficking charges in a bid to separate out users from dealers. The amount of Ecstasy needed to trigger such charges would double, while the amount of cocaine would triple. The bill would also deal with new synthetic drugs by banning them, instead of regulating them, as neighboring New Zealand has done.

Chronicle AM -- April 4, 2014

Cops like to say they don't make the laws; they merely enforce them, but that wasn't exactly the case today in Louisiana, Oregon, and Washington, DC. Plus, decrim has a last hurrah in Maryland, an Alabama welfare drug testing bill passes, Vermont moves against the new pain reliever Zohydro, and more. Let's get to it:

Politicians worry about the dangers of Zohydro, but they have little to say about its benefits.
Marijuana Policy

Maryland Legislators Try to Revive Decriminalization Bill Today. An effort was underway in Annapolis Friday to revive a decriminalization bill just days after it was scuttled in committee. The effort to revive House Bill 879 is being led by members of the Legislative Black Caucus, who will try to amend the bill on the House floor. It was turned from a decriminalization bill to a study bill earlier this week in the House Criminal Justice Committee, chaired by reform foe Rep. Joe Vallario (D-Prince Georges).

Louisiana Marijuana Sentencing Reform Bill Derailed. Rep. Austin Badon (D-New Orleans) has pulled his measure to soften marijuana penalties from consideration in the House Criminal Justice Committee after testimony by the head of the Louisiana Sheriffs Association. Association executive director Michael Ranatza said sheriffs fear the bill, House Bill 14, could lead to decriminalization of marijuana. Louisiana has some of the harshest marijuana laws in the country.

Oregon State Police Withdraw from Anti-Marijuana Summit. The Oregon State Police have withdrawn from an anti-marijuana conference scheduled for later this month after the police superintendent learned the event is closed to the public. OSP was listed as a cosponsor of the summit, which includes sheriffs from Malheur and Yamhill counties, a Medford police official and law enforcement officials from Colorado, Washington and Arizona, as well as anti-drug reform groups such as Drug Watch International, Save Our Society from Drugs, and the Drug Free America Foundation.

Medical Marijuana

Ammiano Reintroduces California Medical Marijuana Regulation Bill. San Francisco Assemblyman Tom Ammiano (D) has reintroduced his medical marijuana regulation bill. The new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut Picks Locations for Six Dispensaries. Locations for Connecticut's six medical marijuana dispensaries have been selected, the state Consumer Protection Commissioner said Thursday. The facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville were authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

Drug Testing

Labor Department Says Texas Can't Make Drug Tests a Condition for Receiving Unemployment Benefits. The US Labor Department has ruled that Texas cannot enforce a law passed by the Legislature in 2013 which makes passing a drug test a requirement for some workers to get and keep unemployment compensation benefits. The law was watered down by the legislature to cover only people who are in professions where drug testing is a requirement, like truck driving and nursing. The feds say the law as it is written is too vague and it is unclear exactly what workers will qualify.

Alabama Legislature Approves Welfare Drug Testing Bill. The legislature has approved a bill that would require welfare applicants who have a drug conviction in the last five years to undergo drug testing before receiving benefits. People could keep their benefits after one positive drug test. After a second positive, the person would be ineligible for one year. The recipient would be permanently ineligible after a third positive drug test. Senate Bill 63 now goes to the desk of Gov. Robert Bentley (R).

Harm Reduction

FDA Approves Innovative New Device to Reverse Opiate Overdose. The Food and Drug Administration has approved Evzio, a handheld device containing naloxone, designed for lay people to use outside of hospital settings. When activated, the device will give verbal instructions about how to use Evzio to deliver the medication.

Prescription Opiates

Vermont Issues Emergency Rules to Restrict Access to Zohydro. Gov. Peter Shumlin (D) and state officials announced Thursday that Vermont is moving to restrict access to the new opiate pain reliever Zohydro, the first single-ingredient hydrocodone drug approved for patients in the US. New emergency rules require that prescribers of Zohydro conduct a thorough medical evaluation and risk assessment. This is only the latest move against Zohydro, which was approved by the FDA last fall -- Massachusetts Gov. Deval Patrick (D) banned it outright earlier this week and a handful of congressmen have called for the FDA to reverse its decision. But Zohydro's maker, Zogenix, said the drug is no more potent than other hydrocodone medications. The company also says it has set up a board of experts to guard against abuse of the drug and that its sales representatives are not being paid based on the volume of sales, but rather on their efforts to ensure prescribers, pharmacists and patients are educated to understand the risks and benefits of extended-release opioids Politicians have been quick to raise the alarm about possible increases in addiction and overdose deaths with Zohydro, but they haven't been nearly as quick to talk about its usefulness in addressing the needs of legitimate pain patients.

Sentencing

Who Wants to Kill Sentencing Reform? No Surprises Here. The Huffington Post reports that law enforcement groups including the National Sheriffs' Association, the International Association of Chiefs of Police, the National Narcotic Officers' Associations' Coalition, the National Association of Police Organizations and the Major County Sheriffs' Association are quietly trying to kill a bipartisan bill that would roll back tough mandatory sentences for people convicted of federal drug offenses under legislation passed during the height of America's drug war three decades ago. The bill is the Smarter Sentencing Act (Senate Bill 1410), which passed the Senate Judiciary Committee in January. Click the title link for the full story.

New Report Shows Failure of Connecticut's Sentencing Enhancement Drug Free Zones. A new report from the Prison Policy Initiative finds that Connecticut's 1,500-foot sentencing enhancement zones are so pervasive that they blanket almost all urban areas, creating an "urban penalty" that increases the sentence imposed for a given offense simply because it was committed in a city rather than in a town. The report recommends the sentencing enhancement zones be shrunk to 100 feet. This would allow the law to actually create the specially protected places as intended. Connecticut Senate Bill 259, which just passed out of the Judiciary Committee, takes a similar approach and would decrease that size to 200 feet. The report is Reaching too far: How Connecticut's large sentencing enhancement zones miss the mark." You can read it by clicking on the title link.

Chronicle AM -- April 3, 2014

British celebrity chef Nigella Lawson is banned from the US for admitting using coke, decrim dies for the year in Maryland, CBD medical marijuana bills continue to move, the resort to the overdose drug naloxone is spreading rapidly, Guatemala's president wants to legalize marijuana and license poppies for the medical market, and more. Let's get to it:

UK celebrity chef Nigella Lawson is too scary to allow in the US because she admitted doing coke. (Brian Minkoff via Wikimedia)
Marijuana Policy

Maryland Decriminalization Bill Killed; Task Force Will Study It Instead. Marijuana decriminalization is dead for the year in Maryland after a bill to do just that -- House Bill 879 -- died without a vote in the House Judiciary Committee. Instead, the committee, led by reform foe Rep. Joe Vallario Jr. (D-Prince Georges), chose to form a task force to study the issue.

Washington State Will Issue First Marijuana Store Licenses by July, Impose Lottery System. Colorado is the only state where you can walk into a store and legally purchase marijuana, but not for long. Washington state regulators announced Wednesday that the first retail marijuana licenses will be issued "no later than the first week of July." The state has already issued licenses to eight growers. After eliminating retail license applications that did not return required documents or were incomplete, the state still has more than a thousand applications for the 334 stores it will allow to open, so it is imposing a lottery system to determine who gets those licenses.

Northern Mariana Islands Senate Ponders Legalization. The Senate of the Commonwealth of the Northern Mariana Islands, a US protectorate, discussed the possibility of legalizing marijuana Wednesday. The Fiscal Affairs Committee touched on legalization when discussing a decriminalization bill, and committee member Sen. Pete Reyes (IN-Saipan) said members had asked the Senate legal counsel to research Colorado's legalization model. "Yes, the committee is tinkering with the idea, whether it's a good idea to legalize it or not. But nothing is final. Nothing is decided," Reyes told The Saipan Tribune.

Medical Marijuana

New Jersey Patient Sues NJ Transit for Denying Him a Job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

Illinois Senate Passes CBD Medical Marijuana Bill. A bill that would allow children to use high-CBD cannabis oil to treat epilepsy passed the Senate Wednesday. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Minnesota TV Ad Attacks Gov. Dayton for Opposing Medical Marijuana. Patients and medical marijuana advocates have unleashed an aggressive TV ad targeting Gov. Mark Dayton (DFL) for standing in the way of medical marijuana legislation. The ad features a St. Paul mother and her seizure-ridden child, whom Gov. Dayton told to just find medical marijuana on the street!

South Carolina House Passes CBD Medical Marijuana Bill. The House Wednesday passed a bill allowing people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

Harm Reduction

Louisiana House Committee Passes Bill to Allow Overdose Reversal Drug. The House Health and Welfare Committee Wednesday passed a bill that would allow first responders to provide the overdose reversal drug naloxone (Narcan). House Bill 754 now heads for a House floor vote.

Every Cop in New York Will Carry Overdose Reversal Drug. Under a new initiative announced today by Attorney General Eric Schneiderman (D), every state and local law enforcement officer in the state will be able to carry with them the overdose reversal drug naloxone (Narcan). The Community Overdose Prevention program will provide police with kits containing two syringes filled with naloxone, two inhalers of the drug, sterile gloves and a booklet on using them. The cost of the kit is roughly $60. Each has a shelf life of about two years.

Some New Jersey Cops to Carry Overdose Reversal Drug. Police throughout Ocean and Monmouth Counties soon will be armed with a drug that can save heroin users from fatal overdose, launching a program officials hope will be adopted statewide in New Jersey. All 32 Ocean County police departments are participating in a pilot program backed by Gov. Christie, who said Wednesday that equipping police with the drug, naloxone (Narcan), would help save lives.

Sentencing

Louisiana House Passes Harsh Heroin Sentencing Bill. The House voted 96-0 Wednesday in favor of a bill that imposes mandatory minimum prison sentence for heroin possession and increases sentences for heroin dealers. But first, it amended House Bill 332 so that, in addition to prison time, heroin users would also have to undergo court-approved drug treatment. Under the bill, heroin possessors would have to do at least two years in prison, while dealers would see their mandatory minimum sentence doubled from five years to 10. The bill now goes to the Senate.

International

Mexican Drug War Victims Criticize Lack of Progress on Tens of Thousands of Cases. Families of drug war victims who were hoping to see concrete policy shifts with the change of administrations a year and a half ago are growing impatient with the lack of progress on tens of thousands of cases of murders and disappearances. An estimated 100,000 Mexicans have been killed since former President Felipe Calderon turned drug prohibition policies into a militarized offensive. The whereabouts of another 26,000 are unknown. They are Mexico's "disappeared". Some are believed to have been kidnapped by criminals, others have vanished after being taken into police custody. Click on the link for the full report.

Guatemalan President Will Present Plan to Legalize Marijuana and License Opium Production. Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. See our news brief today for more detail.

Albanian Cops Try Persuasion in Marijuana-Growing Village. Albanian Police peacefully visited the village of Lazarati this week in a bid to get school children to persuade their parents not to grow marijuana there. Lazarati is described as "a paradise for cannabis growers and criminals," and has been a no-go zone for police for nearly two decades. Villagers in the past have created armed groups to fend off eradication efforts, and even the kids didn't seem too keen on giving up the trade. "If you tell us to convince our parents not to grow cannabis, do you guarantee us that you will provide jobs for them? This is our way of life," one student replied.

British Celebrity Chef Nigella Lawson Denied Entry to US Over Cocaine Use Admission. Nigella Lawson was stopped from boarding a flight from London to the US because of her courtroom confession that she used cocaine. Lawson was never charged with a criminal offense over her confession, but the US can deny travel to foreigners who have committed offenses without being charged.

Pew Poll Reveals Seismic Shift in Drug Policy Attitudes [FEATURE]

A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.

rethinking...
Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.

Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.

"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.

More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.

"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."

http://stopthedrugwar.org/files/pew-mandatory-minimums-poll.jpg
The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.

And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.

Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).

At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.

And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.

Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.

"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."

"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.

While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.

"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."

Chronicle AM -- April 2, 2014

A new Pew Research poll has some surprising and heartening results, Madison (WI) says legalize it, Wisconsin passes a CBD medical marijuana bill, misbehaving cops get noticed, the Russians are griping about the Aghan poppy crop again, and more. Let's get to it:

Aghanistan opium poppy field (unodc.org)
Marijuana Policy

Dane County (Madison), Wisconsin, Voters Say Legalize It. Voters in Dane County approved a non-binding advisory referendum calling on legislators to legalize marijuana in the land of the Cheese Heads. The referendum passed with 64.5% of the vote.

Medical Marijuana

Missouri Senate Panel Holds Hearing on Medical Marijuana Bill. The Senate General Laws Committee heard testimony on a medical marijuana bill Tuesday, but took no action. The measure, Senate Bill 951, is not expected to pass this session.

Wisconsin CBD Medical Marijuana Bill Passes Legislature. The Wisconsin legislature has approved a CBD medical marijuana bill. Assembly Bill 726 passed the Senate Tuesday, the last day of the legislative session. It had already passed the Assembly.

Drug Policy

Pew Poll Finds Tectonic Shift Underway on Drug Policy. A new Pew Research Center poll finds that the public is ready for a truce in America's long-running drug war. Two-thirds favored treatment over jail for heroin and cocaine users and strong majorities said that alcohol was more harmful than marijuana. Click on the link for full poll results, or read our feature story on it in this issue.

Prescription Drugs

US Senator Calls on DEA to Implement Prescription Drug Take Back Program. Sen. Amy Klobuchar (D-MN) took to the Senate floor Tuesday to press the DEA to implement a 2010 law based on bipartisan legislation she sponsored. The law expands drug take back programs. "Prescription drug abuse has reached crisis levels and is leading to a spike in heroin abuse as well, and we should spare no effort to reverse this deadly trend," Klobuchar said. "My drug take back law will help keep drugs out of the wrong hands and prevent prescription drug abuse as well as heroin abuse. The Administration needs to implement this common sense law so that we can give families new tools to help fight this devastating epidemic." No word yet on any DEA response.

Law Enforcement

Minnesota Occupy Activists Given Drugs By Cops Can Sue, Judge Rules. In a bizarre story out of Minneapolis, a federal judge has ruled that Occupy activists plied with marijuana by Minnesota police doing a drug identification training exercise during the protests can sue. Law enforcement agencies that employed the officers involved had filed a motion to throw out the case, but US District Court Judge John Tunheim rejected the motion, noting that "in light of the clear prohibition on providing illicit drugs to citizens," the agencies "are not entitled to the protection of qualified immunity." Click on the link for all the weird details.

Lawsuit Charges Corruption, Harassment Among Alabama Narcs. A former Walker County deputy who worked for the department's Narcotics Enforcement Team before he was fired has filed a lawsuit against the county and the sheriff charging he was fired for cooperating in an FBI investigation of his boss, who killed himself after stealing drug money to pay personal bills and support his mistress. Click on the link for all the sordid details.

International

Russian Drug Czar Charges NATO Doesn't Care About Afghan Drug Production. NATO's decision to phase out cooperation with Russia in training anti-drug officers for Afghanistan reveals the alliance's unwillingness to really combat drug production in this country, Viktor Ivanov, the chief of the Russian Federal Drug Control Service, told Interfax on Wednesday. "This is not surprising. What could you have expected from NATO?" Ivanov said. "NATO has long been pursuing a policy aimed at the presence of its military component in Afghanistan. Now they are pulling out of this country, leaving massive drug production there," Ivanov said. Afghanistan accounts for nearly 90% of the world's illicit opium production, according to the UN.

Drug War Issues

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