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Chronicle AM: Pittsburgh Decriminalizes, College Drug Testing News, ODs Hit Record High, More (12/21/15)

Pittsburgh decriminalizes, Detroit restricts dispensaries, the Univ. of Alabama is forcing all frat members to be drug tested, fatal drug overdoses hit a record high last year, and more.

Rastaman has reason to smile after Jamaica grants festival a "marijuana exemption." (wikimedia.org)
Marijuana Policy

Massachusetts Legalization Initiative Signature Count Certified. The initiative from the Campaign to Regulate Marijuana Like Alcohol has been certified as handing in enough signatures to force the legislature to consider it this spring. If the legislature rejects it or fails to act by May 3, the campaign must then come up with another 10,000 signatures to put the issue directly to the voters in November.

Pittsburgh City Council Approves Decriminalization. The council voted 7-2 today to approve a decriminalization ordinance. The bill makes possession of 30 grams or less a ticketable offense, with a fine of $100. The measure was intended to "help break the damning life-long consequences of unemployment, lack of education, and being caught in a revolving criminal justice system," said bill sponsor Public Safety Chair David Lavelle.

Medical Marijuana

Detroit City Council Approves Restrictive Dispensary Ordinance. The council voted 6-1 last Thursday to approve a new zoning ordinance that will likely force the closure of many of the city's 150 or so dispensaries. The new ordinance prohibits dispensaries from operating within 1,000 feet of schools, churches, parks, liquor stores, other places considered drug-free zones, or another dispensary.

Public Health

CDC: Drug Overdoses Hit New High Last Year. The Centers for Disease Control reported last Friday that more than 47,000 Americans died of drug overdoses in 2014, with 60% of them involving heroin or prescription opiates. Heroin overdose deaths were up 26%, prescription opiate deaths were up 9%, and synthetic opiate deaths (mainly fentanyl) nearly doubled over 2013.

Drug Testing

University of Alabama Subjects All Frat Members to Mandatory Drug Tests. Every fraternity member at the school was required to pass a drug test at the beginning of the academic year, and now, fraternity members are being randomly selected each week for more drug tests. If students test positive, they get several warnings before they are expelled from the fraternity and a university anti-drug program intervenes to "help students get back on track before the school doles out harsher penalties. The drug testing program has been criticized by fraternity members and others as invading the privacy of students, but no one has yet challenged it in court.

ACLU to Appeal Federal Court Ruling Allowing Drug Testing of All Students at Missouri Tech College. The ACLU of Missouri said it will appeal an 8th US Circuit Court of Appeals ruling upholding the suspicionless drug testing of all students at the State Technical College of Missouri. The ACLU is seeking a rehearing of the case before the same three-judge appeals court panel that ruled in the school's favor or by the entire bench in the 8th Circuit. The ACLU had filed suit in 2011 to challenge the policy and won at the district court level, but the appeals court last year reversed the lower court decision. The federal courts have held that, with a handful of exceptions, mandatory suspicionless drug testing violates the Fourth Amendment's proscription against warrantless searches and seizures. The ACLU said the appeals court decision is "poorly crafted and departs from the 8th Circuit and Supreme Court precedent."

International

"Marijuana Exemption" Granted for Jamaica Rasta Festival. The Rebel Salute 2016 festival, to be held next month in St. Ann, has been granted a "marijuana exemption" personally delivered by Justice Minister Mark Golding. "Persons who are adherents of the Rastafarian faith, or Rastafarian organizations, may apply for an event promoted or sponsored by them to be declared an exempt event. In order to apply, the event must be primarily for the purpose of the celebration or observance of the Rastafarian faith," explained a Justice Ministry factsheet. "Where an event is declared exempt, persons who attend the event will not be liable to be arrested, detained or prosecuted for smoking ganja or possession of ganja at the event, or transporting ganja to the event, as long as they have complied with the amounts and conditions specified in the order declaring it an exempt event." This is the second time such an exemption has been granted.

Chronicle AM: Obama to Free 93 Drug War Prisoners, Budget Deal Includes Drug Reforms, More (12/18/15)

The omnibus budget bill approved by Congress today includes several drug policy provisions, the president commutes the sentences of 93 drug war prisoners, Iranian parliamentarians move to end the death penalty for non-violent drug smuggling offenses, and more.

There will be a bit less overcrowding in federal prisons next spring. (nadcp.org)
Marijuana Policy

US Postal Service Doubles Down on Marijuana Advertising Mailing Ban. What started as a one-off letter to a small Washington state newspaper has now become official USPS policy nationwide. The agency's general counsel has penned a new letter directing postal carriers across the country to report marijuana ads to law enforcement, and now, Oregon federal representatives are trying to get to the bottom of it. "We are working as a delegation to quickly find the best option to address this agency's intransigence," said Sens. Ron Wyden and Jeff Merkley and Reps. Suzanne Bonamici and Earl Blumenauer in a statement. "We want federal authorities to respect decisions made by law-abiding Oregonians and small business owners in the state. Unfortunately, the outdated federal approach to marijuana as described in the response from the Postal Service undermines and threatens news publications that choose to accept advertising from legal marijuana business in Oregon and other states where voters have also freely decided to legalize marijuana."

Oregon Indian Tribe Votes to Approve Marijuana. Members of the Confederated Tribes of Warm Springs overwhelmingly approved a referendum that would allow for the growing, processing, and selling of marijuana. The referendum passed with 86% of the vote.

Medical Marijuana

Florida Supreme Court Okays Medical Marijuana Initiative Language. The state's high court determined that the initiative is limited to a single subject and its ballot wording informs voters fairly. That means if supporters collect enough valid voter signatures, the measure will appear on the November 2016 ballot.

Congress Passes Budget Bill That Bars DOJ From Interfering in Medical Marijuana States. The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects and it also lifts a freeze on federal funding for needle exchange programs. But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

Hemp

Key Hemp Provision Added to the Omnibus Appropriations Act of 2016. The budget bill that passed Congress today protects the transportation, processing, and sale of hemp that is from Farm Bill-compliant pilot programs. The provision was added to the bill by Senate Majority Leader Mitch McConnell (R-KY).

Harm Reduction

Congress Passes Budget Bill That Includes End to Ban on Federal Needle Exchange Funds. The omnibus spending bill approved by Congress this morning lifts a freeze on federal funding for needle exchange programs. The ban had been put in place in the midst of drug war and AIDS hysteria in 1988 and was repealed in 2009, when Democrats controlled both chambers, but reinstated by congressional Republicans after they regained control of the House in 2011.Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding.

Sentencing

Obama Commutes Sentences for Nearly a Hundred Federal Drug Prisoners. President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences. This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

International

Move to End Death Penalty for Drug Smuggling in Iran. At least 70 members of the Iranian parliament are supporting an effort to end the death penalty in nonviolent drug smuggling cases. The country is most likely the world's leading drugs executioner, with one UN official estimating that it will hang a thousand people for drug crimes this year. Lawmakers are preparing a bill to present to the parliament.

Spending Bill Just Passed By Congress Includes Important Drug Reforms

The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects, and it also softens a freeze on federal funding for needle exchange programs.

But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

The language blocking the Justice Department from going after medical marijuana where it is legal also came in the form of an amendment from Rep. Dana Rohrabacher (R-CA) and Rep. Sam Farr (D-CA), which was passed last year, but had to be renewed this year. In the Senate, Sen. Barbara Mikulski (D-MD) sponsored the amendment.

Drug and criminal justice reformers welcomed the progress on Capitol Hill.

"The renewal of this amendment should bring relief for medical marijuana patients and business owners," said Michael Collins, Deputy Director of National Affairs for the Drug Policy Alliance. "For decades Congress has been responsible for passing disastrous drug laws. It's encouraging to see them starting to roll back the war on drugs by allowing states to set their own medical marijuana policies."

"Patients who benefit from medical marijuana should not be treated like dangerous criminals, and the businesses that support them need to be protected from the old drug war mentality that still runs deep within the DEA," said Major Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "It's very encouraging to see such widespread support for protecting state's rights and the rights of patients."

Reformers also cheered the softening of a ban on states and localities spending federal AIDS funds on needle exchange programs. The ban was put in place in the midst of drug war and AIDS hysteria in 1988, and repealed in 2009 when Democrats controlled both chambers of Congress, but reinstated by congressional Republicans after they regained control of the House in 2011.

Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding, but not completely. There is still a ban on federal funding of syringes for the programs, but funds can be used for other program expenses such as staff, if a local or state authority has issued an emergency finding.

"Syringe access programs are a sound public health intervention, rooted in science, and proven to drastically reduce the spread of HIV and hepatitis C," said DPA's Collins. "Lifting this archaic ban will save thousands of lives."

"Needle exchange is a public health and safety necessity," said retired corrections officer, substance abuse counselor, and LEAP speaker, Patrick Heintz. "This new law will not only protect those who use drugs from disease, but it will help prevent other innocent victims who come into intimate contact with people who use IV drugs that have been forced for so long to share contaminated needles."

Needle exchange programs are proven to reduce the spread of HIV, Hep C, and other blood-borne diseases and are supported by every major medical and public health organization, including the American Medical Association, the National Academy of Sciences, American Academy of Pediatrics, American Bar Association, and US Conference of Mayors, as well as UNICEF, the World Bank, and the International Red Cross-Red Crescent Society.

Washington, DC
United States

Chronicle AM: DE Decriminalizes Tomorrow, Drought Halves Afghan Opium Crop, More (12/17/15)

The Obama administration weighs in on Nebraska and Oklahoma's lawsuit against Colorado legalization, Delaware decrim goes into effect tomorrow, Hawaii released medical marijuana dispensary rules, drought is hurting Afghan poppy production, and more.

Afghan opium production is down 48% this year, thanks to drought conditions. (unodc.org)
Marijuana Policy

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law. In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems." Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause. They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce. But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction. The proper jurisdiction, the Solicitor General suggested, was federal district court.

Delaware Decriminalization Goes Into Effect Tomorrow. Beginning tomorrow, people caught possessing an ounce of pot or less will face a $100 civil fine instead of a criminal charge. Minors caught smoking pot in public will still face criminal sanctions.

Vermont Marijuana Legalization Bill Unveiled. A legalization bill to be introduced next month by Sens. Jeannette White (D-Windham) and Joe Benning (R-Caledonia) will allow Vermonters to possess up to one ounce and grow up to 100 square feet. Any harvest from personal grows in excess of an ounce must be kept in a secured location. The bill would also set up a system of regulated marijuana commerce, and it would for public consumption in lounges where customers could purchase and use marijuana.

Pittsburgh Decriminalization Wins Preliminary Vote. The city council voted 6-1 Wednesday to approve a bill decriminalizing marijuana possession. The bill would make possession of up to 30 grams a civil infraction with a $100 fine.

Medical Marijuana

Hawaii Health Department Issues Dispensary Rules. The Health Department Tuesday released detailed rules for dispensaries. The rules cover the application process, security, quality control, and auditing of records and operations for commercial grows and dispensaries. Earlier this year, the legislature and the governor approved opening up eight dispensaries.

International

Drought Forces Decline in Afghan Opium Production. For the first time since 2009, opium production has decreased in Afghanistan, the UN Office on Drugs and Crime said reported. The area under cultivation declined by 19% from last year -- an all-time high -- and production declined even more, by 48%. UNODC attributed the decline to drought conditions. "The low (overall) production can be attributed to a reduction in area under cultivation, but more importantly to a drop in opium yield per hectare," said the report, which was released last week. "The lack (of) sufficient water for irrigation... affected the decision of some farmers not to cultivate poppy."

Mexico City Mayor Proposes Legalizing Marijuana-Based Medicines. Mayor Miguel Angel Mancera is pushing a national initiative in the congress to allow the importation -- but not the production in Mexico -- of marijuana-based medications. He said if morphine-based medicines are legal, marijuana-based ones should be, too.

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law

In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law.

Will they agree with the Solicitor General?
The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems."

Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause.

They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce.

But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction.

The proper jurisdiction, the Solicitor General suggested, was federal district court.

The state of Colorado is fighting the lawsuit, and the Solicitor General's brief largely followed the arguments of the state in its briefs.

Drug reformers applauded the action.

"We are pleased the DOJ agrees that this lawsuit borders on the frivolous. States have historically been allowed to establish their own criminal laws," said Jolene Forman, staff attorney for the Drug Policy Alliance. "Moreover, Colorado is putting resources into ensuring its policies follow DOJ guidelines and has worked extensively with the DOJ towards this goal."

The federal government itself has not challenged the regulatory law in Colorado, nor did they choose to interfere with its implementation. To the contrary, the government has deprioritized enforcement of state-level marijuana reforms and acknowledged the interests that both states and the Federal government have in openly regulating marijuana.

"Nebraska and Oklahoma's primary problems are their own punitive policies regarding marijuana use and possession," said Art Way, Colorado State Director of the Drug Policy Alliance. "It is not Colorado's fault these states look to spend such a high degree of law enforcement and judicial resources on marijuana prohibition. Nebraska and Oklahoma should look to establish policies based on the potential harm of marijuana as opposed to simply using marijuana as the gateway to their criminal justice systems."

"This is the right move by the Obama administration," said Tom Angell, chairman of Marijuana Majority. "Colorado and a growing number of states have decided to move away from decades of failed prohibition laws, and so far things seem to be working out as planned. Legalization generates tax revenue, creates jobs and takes the market out of the hands of drug cartels and gangs. New federal data released this week shows that as more legalization laws come online, we're not seeing an increase in teen marijuana use, despite our opponents' scare tactics," he continued.

Washington, DC
United States

Medical Marijuana Update

The specter of state regulation is prompting California cities and counties to regulate or ban medical marijuana activities, including several more this week; Florida's already delayed medical marijuana program faces more delays, Chicago sees its first dispensary, and more.

National

On Tuesday, Congress agreed to continue blocking DEA interference with medical marijuana states. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

California

On Monday, the Dana Point city council voted unanimously to ban cultivation, sales and deliveries. The move comes as the county seeks to maintain regulatory authority by acting before March 1, when the California Medical Marijuana Regulation and Safety Act shifts control to the state if localities have not acted.

On Tuesday, Contra Costa County supervisors unanimously supported a cultivation and delivery ban for unincorporated areas of the county. Supervisors said it was to maintain local control ahead of the new medical marijuana law, but local activists say they don't trust local officials to regulate -- instead of ban -- such activities.

Also on Tuesday, Ventura County supervisors voted unanimously to formalize bans on commercial cultivation and sales ahead of the new state law. All 10 cities in the county also have similar bans, and the cities that don't have formal bans are working to enact them.

Florida

As of Monday, the state is being challenged over its medical marijuana grower licensing scheme. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

On Tuesday, the medical marijuana initiative campaign had 900,000 signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Georgia

Last Friday, the state's medical marijuana commission rejected in-state growing. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

On Monday a new poll found strong support for medical marijuana. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois

Last Wednesday, the first dispensary in the Second City opened for businesss. Chicago's first medical marijuana dispensary opened in Uptown. Dispensary 33 opened on North Clark Street. Some 150 patients are registered to use it.

Last Friday, the state told patients they couldn't be gun owners, then retreated. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

On Wednesday, the state said it will allow residents to petition to add more qualifying conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Michigan

Last Tuesday, there were fireworks at a Senate medical marijuana hearing. A hearing on a package of bills to regulate dispensaries grew heated as Marine Corp veteran Dakota Serna, who uses medical marijuana for PTSD, lashed out at changes in the bill that would tax patients and send some of the revenues to law enforcement. "This bill not only takes more money from them, it taxes their medicine -- you're going to give some of that medicine to the sheriff's department, the jackboots, the thugs that comes into people's homes and kick in the door," said Serna. That led to an angry exchange with Senate Judiciary Committee Chair Rick Jones (R-Grand Ledge), who then ordered Serna to leave the hearing. The National Patients' Rights Association, which had supported the bill, said it is withdrawing its support after the changes, which would treat medical marijuana much like the state treats alcohol.

Last Thursday, activists managed to kill those dispensary bills Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Missouri

Last Thursday,a medical marijuana initiative was approved for circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Utah

On Monday, a new poll had strong support for medical marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Ireland to Allow SIF, Congress Renews DEA Funding Ban in MedMJ States, More (12/16/15)

Congress continues to block DEA harassment in medical marijuana states, Washington state could see a lot more pot shops, it looks like Florida will vote again on medical marijuana, Ireland is moving toward setting up a supervised injection site in Dublin, and more.

A supervised injection site is coming to Dublin next year. (vch.ca)
Marijuana Policy

Congress to Continue Blocking DEA Interference With Medical Marijuana States. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

Washington Could Allow Lots More Marijuana Stores. The Washington State Liquor and Cannabis Board (WSLCB) today heard a staff recommendation to increase the number of retail marijuana outlets from 334 to 556. The move is expected to be finalized in emergency rules to be announced January 6.

Medical Marijuana

Florida Medical Marijuana Initiative Already Has 900,000 Signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Illinois to Consider Adding New Qualifying Conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Methamphetamine

Indiana Legislators Compete Over How to Restrict Access to Cold Medications. Faced with a bill that would require a doctor's prescription to obtain cold medications containing pseudoephedrine, two lawmakers have come up with an alternative measure that would instead allow pharmacists to decide whether or not customers could buy the cold medications.

Drug Treatment

Most People in Treatment for Marijuana Are Sent There By Courts. A report this month from the US Department of Health and Human Services finds that between 2003 and 2013 52% of people in drug treatment for marijuana were referred by the criminal justice system. Only 18% were in treatment because they sought it themselves.

International

Irish Cabinet Approves Supervised Injection Site in Dublin. The cabinet has approved a pilot plan for a medically supervised injection facility in the nation's capital. The move came yesterday and was at the behest of Aodhan O'Riordain, the minister in charge of the National Drug Strategy. The country's drug law must first be amended to allow for such facilities, which should happen early next year.

Annual Study Finds Legalization Hasn't Increased Teen Use [FEATURE]

The article was written in collaboration with AlterNet and first appeared here.

The University of Michigan's annual Monitoring the Future (MTF) survey of teen drug use was released today and shows that softening attitudes toward marijuana and actual marijuana legalization in four states and Washington, DC, have not translated into increased teen pot smoking.

The survey also had generally good news about other drugs, reported declines in teen use of ecstasy, heroin, alcohol, cigarettes, and synthetic cannabinoids.

MTF has been tracking drug use, including alcohol and tobacco, since 1975, and surveys more than 40,000 8th, 10th, and 12th graders in some 400 public and private secondary schools across the country. The research is sponsored by the National Institutes on Drug Abuse.

"Marijuana, the most widely used of the illicit drugs, did not show any significant change in annual prevalence this year in any of the three grades, nor in the three grades combined," MTF reported in its press release. "After rising for several years, the annual prevalence of marijuana has more or less leveled out since about 2010."

That's significant since legalization wasn't approved in Colorado and Washington until November 2012 and in Alaska, Oregon, and Washington, DC, in November 2014. And in each case, it took some time to actually go into effect.

If legalization in the states has had any effect on teen pot use rates, the MTF figures make clear it hasn't shown up yet. Teen pot use stabilized before legalization and hasn't increased since.

While use rates have been stable for the last five years, with 12% of 8th graders, 25% of 10th graders, and 35% of seniors reporting using at least once in the past year, they are well above the historic lows that MTF reported in the early 1990s (although near the levels of the survey's earliest years in the 1970s, which, interestingly, are omitted from the tables accompanying this year's report).

The report also found that a tiny fraction of teens are using marijuana regularly. These rates stand at 1.1%, 3.0% and 6.0% in 8th, 10th and 12th grades, respectively. These rates are also higher than the historic lows from the early 1990s.

The stabilization of teen marijuana use comes even as MTF reports that the percentage of students who see its use as carrying a great risk has declined dramatically. Fewer than a third (32%) of seniors saw a great risk, down from 58% in 2005, and similar decreases obtained for 8th and 10th graders.

And it comes even as teen support for legalization grows. A June 2014 MTF report noted that, "The proportion of 12th-grade students who favor legalization of marijuana was at the highest level ever recorded" and, "The proportion of 12th-grade students who favor marijuana use as a crime is at the lowest level ever recorded by the survey."

Students for Sensible Drug Policy was quick to make the obvious point.

"Youth marijuana use is stable, and even falling in some categories, all while a growing number of states enact legalization," said Betty Aldworth, the group's executive director. "This new data solidifies early indications that the scare tactics peddled by prohibitionists are false. Criminalization isn't the way to encourage young people to make healthy choices; regulating a legal market and honest, reality-based education is."

"That fact is made even more clear by the continued reduction in youth tobacco and alcohol use. We didn't need to put anyone in handcuffs or jail cells to convince an historic number of students to avoid smoking and drinking. These reductions were achieved with honest, evidence-based public health strategies and not by criminalizing cigarettes or beer. Drug use is a health matter and should be treated that way," Aldworth concluded.

Chronicle AM: Drug Czar Calls Drug War a Failure, But..., New Yorkers Toke Up in Streets, More (12/15/15)

The New York Times discovers public pot smoking in its backyard, another Florida jurisdiction decriminalizes, Florida's medical marijuana program faces more delays, the drug czar calls the drug war a failure, and more.

Marijuana Policy

New Yorkers Are Smoking Pot on the Streets! The New York Times rather breathlessly reports it has discovered that "lighting up and strolling around seems increasingly common in pockets of Brooklyn, on side streets in Manhattan and in other public spaces." The newspaper cites street smokers are saying they are emboldened by legalization elsewhere in the country and by the low-key comments of the city's leaders, including the police commissioner. Public pot smoking remains an arrestable offense, but that doesn't appear to be stopping a lot of people, especially white people. White people make up less than 9% of those arrested for pot possession.

Florida's Palm Beach County Decriminalizes. County commissioners voted this morning to decriminalize the possession of 20 grams or less of marijuana. Officers can still arrest possessors, but now have the option of simply issuing them a $100 ticket instead. Miami-Dade County has already decriminalized, and so have several municipalities in the Greater Miami area.

Medical Marijuana

Florida Challenged Over Medical Marijuana Grower Licensing. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

Drug Policy

Drug Czar Calls Drug War a Failure, But Resists Calls to Legalize Marijuana. Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Michael Botticelli proclaimed the war on drugs a failure during a CBS "60 Minutes" interview. He said the "failed policies and failed practices" of the past were largely responsible for the country's mass incarceration problem. "It has been all wrong," he said. "We can't arrest and incarcerate addiction out of people. Not only do I think it's really inhumane, but it's ineffective, and it cost us billions upon billions of dollars to keep doing this." But he couldn't wrap his head around marijuana legalization, arguing that legal drugs kill half a million people a year and that legalizing would send the wrong message."So, we know that about one in nine people who use marijuana become addicted to marijuana. It's been associated with poor academic performance, in exacerbating mental health conditions linked to lower IQ," he said, adding that he fears states becoming co-dependent on "tax revenue that's often based on bad public health policy."

International

Ireland Proposes Drugged Driving Law That Could See "Completely Sober" Drivers Arrested. Transport Minister Paschal Donohoe is backing proposed drugged driving legislation that would allow for roadside drug testing of drivers and prosecution of drivers who had even inactive metabolites of drugs such as marijuana in their systems. When asked if the bill could lead to the prosecution of "completely sober" drivers, Donohoe replied, "yes." Under more questioning, he denied that prosecuting drivers who were not impaired but who had marijuana metabolites in their systems was a case of the government prosecuting drug offenses. "No, it's a road safety offense," he said.

Chronicle AM: Activists Block Bad MI MedMJ Bills, Jeb Bush Now Open to Decrim, More (12/14/15)

San Francisco prepares for marijuana legalization, a Kentucky state senator wants it there too, Ohio legalizers spent millions losing last month, a federal drug and mental health treatment bill passes the Senate, and more.

Marijuana Policy

Jeb Bush Now Supports Decriminalization, But Still Calls Pot a "Gateway Drug." GOP presidential contender Jeb Bush last Friday said he could live with decriminalization. "It's one thing to say we should have decriminalization of marijuana. I support that," he said in an interview with Joe Mathieu of Boston' WBZ NewsRadio. While that is an advance for the former Florida governor, he added that he rejected legalization and brought out the discredited gateway theory for support. "Marijuana is a gateway drug just as opiates are a gateway drug," Bush continued. "Of course it is, every study shows that."

Kentucky Senator Files Marijuana Legalization Bill. Sen. Perry Clark (D-Louisville) announced last Friday that he has pre-filed the Cannabis Freedom Act, which would repeal pot prohibition and replace it with a regulatory framework that would "promote public safety and responsible cannabis consumption by persons over 21 years of age." The bill will be considered during the 2016 legislative session, which starts January 5.

Michigan Supreme Court Okays Grand Rapids Decriminalization Ordinance. The state high court has rejected a challenge to the ordinance's legality from Kent County Prosecutor William Forsyth. The ordinance, approved by voters in 2012, makes possession or sharing marijuana a civil infraction, punishable only by fines. Forsyth had argued that the ordinance was an illegal restriction on his power to enforce state drug laws, but he lost in circuit court and the Court of Appeals. And he lost again, and finally, when the state Supreme Court refused to hear his appeal.

Ohio Legalizers Spent Nearly $22 Million in Failed Initiative Campaign. Ouch, that's gotta hurt! ResponsibleOhio and its deep-pocketed backers, who hoped to win monopolistic marijuana concessions, spent more than $21 million in their campaign, only to get trounced last month. The campaign spent $12 million between July and October and had burned through nearly another $10 million just getting on the ballot.

Eyeing Looming Legalization, San Francisco Creates Marijuana Task Force. Last week, the Board of Supervisors' Rules Committee voted to appoint 11 people to a task force aimed at helping to guide the city's policies in the face of seemingly inevitable marijuana legalization.

Medical Marijuana

Michigan Medical Marijuana Activists Stop Dispensary Bills. Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Utah Poll Has Strong Support for Medical Marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

Heroin

New Hampshire Attorney General Will Seek Murder Charges in Heroin Overdoses. Attorney General Joe Foster (D) says he plans to aggressively seek murder charges against dealers of drugs involved in overdose deaths. "The message to dealers is: If you sell this stuff here and we can (figure) the facts out, you will be going to jail for a very, very long time," Attorney General Joe Foster said. Overdose deaths are expected to top 400 in the state this. Foster also said he is seeking $115,000 for a new prosecutor for drug cases and exploring a federal grant to hire another drug prosecutor.

Drug Policy

Federal Synthetic Drugs Bill Filed. Rep. John Katko (R-NY) has filed HR 4229, which seeks to "address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substance Act" to make it easier to go after drug analogs. It also calls on the US Sentencing Commission to ensure that sentences for violations are "appropriately severe."

Drug Treatment

Comprehensive Justice and Mental Health Act Passes Senate. The act, S 993, sponsored by Sen. Al Franken (D-MN), passed the Senate last Thursday. It is aimed at facilitating collaboration among the criminal justice, juvenile justice, veterans treatment services, mental health treatment, and substance abuse systems. The bill now goes to the House.

International

Colombian Senate Approves Medical Marijuana. In a plenary session last Friday, the Colombian Senate approved a bill legalizing medical marijuana. President Santos had said he would do it through an executive order, but the Senate decided not to wait. The bill now moves to the Chamber of Deputies, where it will be debated early next year.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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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