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The Top 10 International Drug Policy Stories of 2013 [FEATURE]

What a year in drug reform! 2013 saw a historic breakthrough on the international front, as well as evidence that powerful currents are shifting inexorably away from the prohibitionist consensus of the last half-century. There were also new, innovative approaches to regulating drugs and new, innovative approaches to buying and selling them illegally.

But on the other hand, there were also continuities. Major drug producing regions kept producing drugs, major drug-related conflicts continued, and the global drug war continues to grind on. A bullet-point Top 10 list can't hope to offer a comprehensive review of the year on drugs internationally, but it can illuminate some key events and important trends. With apologies in advance for all those important stories that didn't make the cut, here is Drug War Chronicle top ten global drug policy-related stories of 2013:

#1 Uruguay Legalizes Marijuana

No question about it; this has to be the top international drug policy story of the year. After a year and a half of laying the groundwork, Uruguayan President Jose Mujica and his ruling Broad Front pushed marijuana legalization through the legislature and Mujica signed the bill into law just before Christmas. Uruguay now becomes the first signatory to the 1961 UN Single Convention on Drugs to break decisively with the treaty and the global prohibition regime on marijuana policy. Uruguay's example is already causing reverberations in Argentina and Chile, and Guatemalan President Otto Perez Molina called it "an important step" that could serve as "a pilot plan" in the regional war against drug trafficking. And that's even before the new law goes into effect in a few weeks.

#2 The Global Prohibition Regime is Under Increasing Attack

In May, the Organization of American States released a report that included an analysis of alternatives to prohibition, including regulation and legalization regimes. The report was an outgrowth of Latin American criticism of the drug war at the Cartagena Summit in 2012. In September, Latin Americans took the call for drug reform to the UN General Assembly, and in a consensus statement agreed to by Chile, Colombia, Costa Rica, Guatemala, Mexico, Paraguay, and others, called on the UN "to reevaluate internationally agreed-upon policies in search of more effective responses to drug trafficking, from a perspective of health, a framework of respect for human rights, and a perspective of harm reduction." And in December, a leaked draft document revealed even broader divisions among member states, with several European nations offering serious criticism of the drug prohibition status quo.

#3 Bolivia Reenters UN Drug Treaty, But Rejects Coca Chewing Ban

The UN 1961 Single Convention on Narcotic Drugs, the legal backbone of global drug prohibition, took a hit in January, when Bolivia successfully rejoined the convention, but only with the reservation that it would ignore the treaty's ban on coca leaf chewing despite the objections of the US and the International Narcotics Control Board. Bolivia had withdrawn from the treaty the year before to protest the inclusion of the ban on coca chewing, a traditional indigenous practice that had gone on for hundreds, if not thousands, of years before Eurocentric treaty negotiators managed to criminalize it internationally under the Single Convention.

Coca Museum, La Paz (Phil Smith, Drug War Chronicle, 2007)
#4 New Zealand Moves to Regulate -- Not Prohibit -- New Synthetic Drugs

In July, New Zealand took a historic step away from drug prohibition and toward regulation when a new law went into effect to regulate and control new synthetic drugs. The law had breezed through Parliament on a 119-1 vote. Synthetic drug manufacturers who meet safety standards are now licensed and regulated, and their products are available legally at retail outlets. The law is designed to avoid the dangers of driving the trade underground and to end the perpetual game of prohibitionist catch-up played with synthetic drug makers, who, when one drug is criminalized, simply tweak a molecule or two to create a new one.

#5 The Dark Net Emerges as a Drug Marketplace

After quietly lurking in the dark corners of the Internet, the online illicit drug (and other goodies) marketplace Silk Road hit the big time in a big, bad way in October, when its operator, Ross William Ulbrict (AKA the Dread Pirate Roberts) was arrested by the FBI on drug trafficking, money laundering, and computer hacking charges. Silk Road and other "dark net" web sites require an anonymized browser (Tor) that was supposed to keep operators and users safe from prying government eyes, although the Ulbrict and related busts suggest that isn't entirely the case. Other sites, including Sheep Marketplace and Black Market reloaded, sprung up to replace it, but they have had their own problems. In November, Silk Road announced it was back, in Version 2.0. Meanwhile, the saga of the original Silk Road continued at year's end, with Ulbricht suing the federal government for the return of $30 million worth of bitcoins he argues were improperly seized. The battle between governments and Internet black marketers is doubtlessly continuing, even if most of us don't know about it until after the fact.

#6 Mexico: New President, Same Old Drug War

The wave of prohibition-related violence plaguing Mexico didn't garner the media attention last year that it did in 2012, a presidential election year in both the US and Mexico, but it continued nonetheless under incoming Mexican President Enrique Pena Nieto, who took office in December 2012. According to Milenio's annual survey of drug war deaths, there were more than 10,000 killed last year. That is down from over 12,000 the year before, but still unconscionably high. Pena Nieto came into office vowing to reform the government's approach, but so far the changes have been mainly rhetorical, with the government shifting emphasis from going after top capos to increasing public safety and security. And the top leaders of the Sinaloa cartel, Mexico's most powerful, remain apparently untouchable.

Afghan anti-drug art (Phil Smith, Drug War Chronicle, 2005)
#7 Afghan Opium Production Hits All-Time High

Thirteen years after the Taliban virtually eliminated opium production in a bid to win foreign favor and US funding, and 12 years after the US invaded Afghanistan to drive the Taliban from power, Afghan opium production was at its highest level ever, about 5,500 metric tons, accounting for around 90% of global illicit production. According to the UN Office on Drugs and Crime's 2013 Afghanistan Opium Survey, opium production increased a whopping 49% over 2012, while the area under cultivation increased 36%. The previous high was in 2007. US anti-drug policies have been consistently relegated behind US counter-insurgency imperatives during the US and NATO occupation of the country, leaving Afghanistan with little likelihood of significant changes after the bulk of Western forces are scheduled to leave at the end of this year.

#8 Peru Overtakes Colombia to Regain Title as World's Largest Coca Producer

Twenty years ago, Peru produced about 60% of the world's coca crop, from which cocaine is derived. But crop disease and aggressive anti-trafficking efforts in Peru hurt output there even as cultivation blossomed in Colombia, which took first place honors by the turn of the century. But this year, the UN Office on Drugs and Crime reported that Peru was once again back on top. According to the UNODC, Peru had 151,000 acres under cultivation, compared to 125,000 for Colombia. The return to first place comes even as the government of President Ollanta Humala steps up eradication and enforcement efforts and suggests that 2014 could be a conflictive year in the coca valleys of Peru.

#9 Iran Continues to Execute Hundreds of Drug Offenders Each Year

Sharing a 1,300 mile long border with Afghanistan and its booming opium trade, Iran suffers one of the world's highest opiate addiction rates and battles mightily to suppress the cross-border drug trade. One of the grisliest weapons in the mullahs' arsenal is the hangman's noose. In recent years, the Iranians have executed hundreds of drug traffickers each year, and last year was no exception. Final figures are not available, but Iran began the year by executing 21 drug offenders in January alone and ended the year with more than 30 executions in December. It's not clear how many of those were drug offenders because reports from Iran are often sketchy, but it appears safe to say that 2013 was another year where Iran hanged hundreds of drug offenders.

#10 Colombian Peace Negotiations Progress

Forty years ago this year, the leftist guerrillas of the FARC rose up in armed struggle against the Colombian state. Based in the country's rural peasantry, the FARC generated enough wealth from the coca and cocaine trades to finance its insurgency, fighting the Colombian military, backed with US assistance, to a sweaty stalemate. Now, however, weakened by years of offensives by the Colombian military and convinced that the government of President Santos is willing to negotiate in good faith, the FARC has been engaged in a so-far months-long series of talks with government negotiators in Havana. Based as it is in the peasantry, one of the FARC's key concerns is agricultural reform; another is dealing with the coca/cocaine economy. The FARC is calling on the government to initiate alternative development and crop substitution programs, and wants to be involved, and in December, the FARC called for the decriminalization of drug use and coca cultivation. It's too early to tell if the negotiations will lead to an end to the world's longest insurgency, but the progress so far is a positive sign.

Colorado Makes History with First Legal Retail Marijuana Sales [FEATURE]

special to the Chronicle by Denver-based journalist Rebecca Chavez

For many people New Year's Eve means going to bars and celebrating with a night of drinking and carousing with their friends. For Adam Hartle and Anthony Hasham, the night was a little different. The duo flew into Denver from Jacksonville, Florida, in order to be first in line for Colorado's historic legal retail marijuana sales. Hartle and Hasham came prepared with a tent, and set up camp in front of 3D, Denver's Discrete Dispensary at 6:00pm on New Year's Eve. They were the first to arrive, making it even before the news cameras.

Adam Hartle and Anthony Hasham made the pilgrimage from Jacksonville, FL, to be first in line. (Rebecca Chavez)
While there are quite a few retail marijuana stores opening to the public on January 1, 3D was the place to be for those interested in being a part of history. The Marijuana Policy Project sent out a December 27 press release stating that they were recognizing the first sale at 3D as the first sale. With a press conference planned, and an Iraq war veteran slated to be the first retail customer, 3D was buzzing with excitement in the early hours of the new year.

There were over a dozen people standing around outside, eager to get their hands on some of the first retail marijuana sold in the country, but the majority of the crowd had a more professional purpose. News crews and industry insiders sat in the lobby of 3D, while owner Toni Fox rushed around talking to press and making last minute adjustments.

For Fox, the opening of 3D for retail sales has been a long process that is "the culmination of everything we've been working towards." Many dispensary owners planned to make the switch when they found out about Amendment 64, but Fox started planning in 2009. When she started looking for space for her dispensary, she did it with a retail location in mind. This early decision paid off in a big way when it came time to hand out marijuana licenses for the city of Denver. The retail space is large and well lit.

Denver's Discreet Dispensary (3D) is now open for sales to adults 21 and over. (Rebecca Chavez)
Unlike many other dispensaries, this retail location is completely separate from the medical area. Before sales start, the area is set up to help people find exactly what they need. Fox expects that a lot of people won't know what to do when they get to a retail marijuana facility, so she's tried to make purchasing easy for someone experiencing a dispensary for the first time.

She even made the decision to limit the retail edibles that she offers early on to only those from Dixie Elixer, one of the few edible companies set up for retail sales. This choice keeps people who want to try an edible for the first time from having to sift through a multitude of options.

The publicity of being the first marijuana store is a great boost for 3D, but Fox knows that there are some risks involved, especially regarding the much buzzed-about marijuana shortage. Though the limit for Colorado residents is higher, Fox decided that she wouldn't make any sales of more than the non-resident limit of seven grams. Still she is concerned.

The sign says it all. Welcome to a new era. (Rebecca Chavez)
When asked whether there is going to be enough product, she states that 3D should have enough to last until February. "Or Monday," she said, sharing a laugh with one of her employees while acknowledging that the truth about retail marijuana is that no one knows the extent of the demand just yet.

Judging from the size of the crowd inside the building right before the press conference began, the novelty of marijuana is going to drive a lot of people to businesses like 3D. Media sources from around the world jockeyed to get the best view of a small podium where the directors behind the Amendment 64 campaign prepared to say a few words about what retail sales mean for marijuana, and what the future brings.

This is business as usual for Mason Tvert, Betty Aldworth, and Brian Vicente, the organizers of the successful Amendment 64 campaign that made marijuana legal in Colorado and who have all been doing press conferences about it for years now. This one is a little more chaotic than usual, and that's because the message is so unique. Aldworth sums it up when she says that this moment is a shift, and that "marijuana sales will be a boon instead of a burden" on our communities and our economy.

From left: Toni Fox, Betty Aldworth, Mason Tvert, Sean Azzariti, Brian Vicente (Rebecca Chavez)
The first proof of this occurs with the very first sale. Sean Azzariti is a veteran who uses marijuana to treat his post traumatic stress disorder, but who cannot get medication because the state doesn't recognize PTSD as one of the ailments that allows for medical marijuana use.

For the first time, he will be able to legally purchase the marijuana that has helped him get through the years since he fought in the Iraq War. This sale will provide the city and state with valuable tax dollars, while also boosting the local economy and providing jobs for people who want to work in marijuana.

Cameras and reporters flooded into the retail sale room to document the moment of the first sale. Outside the building, the dozens of people lined up to purchasse legal marijuana kept multiplying. The line stretched across the length of the building and, despite the falling snow, people were all smiles as they awaited their chance to be a part of history.

As Tvert pointed out during the press conference, "Today there will be people around the nation buying marijuana," but only in Colorado is it legal and regulated.

Colorado has initiated a new era in marijuana policy in the United States, and Washington state will be joining later this year. With Alaska and Oregon both well-placed to legalize it this year via the initiative process, and with other states about to consider marijuana legalization bills in their legislatures, the beginning of the end of US marijuana prohibition has commenced.

Denver, CO
United States

Legal Marijuana No Simple Matter for Colorado Retailers [FEATURE]

special to the Chronicle by Denver-based journalist Rebecca Chavez

Starting January 1, any person in Colorado over the age of 21 can walk into a retail marijuana facility and purchase marijuana with just a show of ID. While the process should be simple for those who choose to imbibe legally, things have not been so simple for the dispensary owners who have made the choice to sell retail marijuana. Luke Ramirez is one of these owners. His store, Walking Raven, sits on one of Denver's busiest streets.

For Ramirez, planning for retail marijuana sales began in February of 2012, when Walking Raven officially endorsed Amendment 64, the legalization initiative that won at the ballot that November. Even with almost two years of planning behind him, he finds that there are still a lot of hurdles to overcome. It wasn't until May of 2013 that Ramirez and other dispensary owners knew what would be expected of them by the state. Even with state legislation settled, Amendment 64 allows for municipalities to come up with even stricter rules for retail marijuana stores.

Denver started working on its own regulations in September, and wasn't done when the Chronicle spoke with Ramirez in late December. Though he was only the seventh person in the city of Denver to apply for a license, the constant changes mean that he won't be able to open until about January 10, over a week beyond the official start of recreational marijuana sales. In late December Ramirez was still getting calls about changes to marijuana laws at the city level.

The process has been similar for dispensary owners all over Denver, which means it might be one of the few places where a legal retail marijuana shortage will happen right away. The licensing for retail locations and retail grows is happening at the same time. This would be a problem for those trying to open on January 1, except that the state has allowed a one-time transfer of medical marijuana to retail. This transfer is how all stores will start, and it gives a little something extra to the consumer as well.

The edible companies have to go through the same process as other marijuana facilities, but some are opting out in the early stages. During the one time transfer, marijuana stores can make some edibles retail that otherwise wouldn't be available. This means some store owners are stockpiling certain items that they feel will be popular with retail consumers.

Ramirez has opted out of stockpiling because he simply can't afford it. The cost of selling retail marijuana is incredibly high, which prices smaller dispensaries out of an immediate switch. All told, Ramirez has spent $60,000 dollars going through the process of getting licensed and prepared to make the switch. Before he actually gets his license he expects to spend about $10,000 more.

Inside Walking Raven (Rebecca Chavez)
Money is a huge concern for retail marijuana dispensaries, and Ramirez is unsure of whether they will be able to make it all back during the first few months of retail sales. He acknowledges that the supply for retail just won't meet the demand, and worries that owners will see the same marijuana shortage that caused some of them to temporarily close their doors in 2012. This, of course, affects the people who work behind the counter. Ramirez wants to make sure that all of his employees are well-taken care of, but he acknowledges that he may have to cut back on hours at some point.

The marijuana shortage has another effect on the market. With marijuana prices possibly going as high as $70 for an eighth, Ramirez says that retail marijuana "won't get rid of the black market until supply meets demand."

In the meantime, his store and many others will have to compete with the grey market that has sprung up on Craigslist since the passage of Amendment 64.

Despite the many difficulties in his way, and the five inspections that he has to go through, Ramirez is confident that he is making the right choice. While he cannot sell retail marijuana at present, he is concerned to ensure that marijuana is still available for his current customers: medical marijuana patients.

"Patients definitely still need medicine," he says, and that's why he's sure to always have some on hand, segregated from retail marijuana for non-patients.

Retail and medical marijuana are sold in the same store, but they have to be kept in separate containers. Medicinal users can purchase retail, but retail consumers cannot get any of the medical marijuana regardless of a possible shortage. Despite eventual plans to sell only 10% of his product as medicinal, Ramirez is determined to always be able to take care of the patients.

They are, after all, the ones that supported him before the end of prohibition in Colorado.

Denver, CO
United States

Obama Commutes Sentences of Clarence Aaron, Seven Other Crack Offenders [FEATURE]

The White House announced yesterday that President Obama had granted commutations to eight federal prisoners serving decades-long sentences for crack cocaine offenses, including poster boy for drug war excess Clarence Aaron, who has spent the last 20 years behind bars. The president also pardoned 13 former prisoners.

Finally, Clarence Aaron will go free.
"Commuting the sentences of these eight Americans is an important step toward restoring fundamental ideals of justice and fairness," the president said. "But it must not be the last. In the new year, lawmakers should act on the kinds of bipartisan sentencing reform measures already working their way through Congress. Together, we must ensure that our taxpayer dollars are spent wisely, and that our justice system keeps its basic promise of equal treatment for all."

[Editor's Note: The Senate Judiciary Committee was marking up three sentencing reform bills this same day.]

Some sentencing reforms have been enacted since the harsh escalation of the drug war in the Reagan era, including the Fair Sentencing Act of 2010. It was unfair to continue to let people languish serving sentences no longer applicable, Obama suggested.

"If they had been sentenced under the current law, many of them would have already served their time and paid their debt to society," he said." Instead, because of a disparity in the law that is now recognized as unjust, they remain in prison, separated from their families and their communities, at a cost of millions of taxpayer dollars each year."

The commutations are a departure for the Obama administration, which until now has been the stingiest in recent presidential history when it comes to the pardon power. Before today, Obama had issued only one commutation, where someone currently serving a sentence is actually released from prison, and 39 pardons of people who had already been released, some of them decades ago.

While all eight people whose sentences were commuted suffered for years under the impact of harsh federal sentencing laws racially biased in result if not, charitably, in intent, Clarence Aaron in particular has served as the face of the unjustly punished deserving of presidential mercy. Then a college student, the first-time, nonviolent drug offender was sentenced to three life sentences for a peripheral role in a cocaine deal in 1993.

A model prisoner, his case became widely known as a result of a PBS News Frontline special about the use of informants in drug cases. His case drew additional publicity when the investigative journalism consortium ProPublica documented problems with the Office of the Pardon attorney, using Aaron's more than a decade-long effort to obtain a pardon as Exhibit #1.

Aaron's reaction to the news was not surprising.

"He was just overcome," said his attorney, Margaret Love, herself a former US Pardon Attorney, who spoke with Aaron this morning shortly after he received the news. "We're very grateful to the president," she told ProPublica after the commutations were announced.

That all the commutations were for crack cocaine-related offenses, Love said, "says something very important about the long federal sentences for drug crimes. There are a lot of people in prison whose cases are similar to the ones being commuted."

The sentencing reform group Families Against Mandatory Minimums (FAMM) said four of its supporters, including Aaron, had had their sentences commuted, but that there were many more who deserved to come home, too.

"Now that the president has opened the door to doing commutations, he might make it a more regular activity, and not just save it for the holidays or the end of his term," said FAMM president Julie Stewart. "He certainly has plenty of cases that he could choose from. I guess that time will tell."

Other sentencing and drug reform organizations were pleased and encouraged by the news, but joined FAMM and the president in calling for more.

ACLU deputy legal director Vanita Gupta chimed in, "President Obama today gave several Americans who were unnecessarily sentenced to die behind bars the chance to reunite with their families. This is one important step toward undoing the damage that extreme sentencing has done to so many in our criminal justice system. We hope the President will continue to exercise his clemency powers and lend his support to systemic reform that will make our criminal justice system smarter, fairer, and more humane." A recent report by the ACLU on people serving life without parole sentences highlighted the cases of four of the people who received commutations this week -- Aaron, Stephanie George, Jason Hernandez, and Reynolds Wintersmith, Jr.

"It's wonderful news that Obama has granted clemency to these individuals. We hope this is the just the beginning of the President using his executive powers to right the wrongs of the criminal justice system," said Anthony Papa, media relations manager for the Drug Policy Alliance, who was granted clemency in New York State in 1997 after serving 12 years under the notorious Rockefeller Drug Laws. "I hope governors with the same power at the state level follow his lead and reunite more families."

"Through his actions today, the President has signaled his willingness to undertake needed reforms to the criminal justice system," said Nicole Austin-Hillery, director of the Brennan Center for Justice Washington, DC, office. "For too long, harsh sentences and punitive policies have fed a system of mass incarceration in this country. A comprehensive effort, involving the Administration and Congress, is needed to solve this crisis and return balance to the scales of justice by creating a more rational, fair, and cost-effective criminal justice system."

"We commend the President on this right and just action. It shows bold and necessary leadership," said Barbara Arnwine, president and executive director of the Lawyers' Committee for Civil Rights Under Law. "This marks a year in which the administration has taken great leadership on criminal justice issues. From the statements of Attorney General Holder to the American Bar Association in August, to the implementation of their policies, this shows a trajectory towards real justice in the criminal justice system."

The trajectory may be there, but take-off has yet to be achieved, several advocates warned.

Wade Henderson, president and CEO of the Leadership Conference on Civil Rights, said in a statement, "Until there is legislative action to make the Fair Sentencing Act retroactive, these commutations are the only relief available to federal inmates and their families. But the administration can only do so much; it is up to Congress to address this systemic failure.

"Kudos to President Obama for commuting these eight people," said DPA executive director Ethan Nadelmann. "But shame on the President for not commuting many more. With over 100,000 people still behind bars on nonviolent drug charges, clearly thousands more are deserving of the same freedom. Congress should act immediately to reduce the draconian federal mandatory minimum sentences that condemn thousands to decades behind bars for nonviolent drug offenses."

And while the commutations are welcome, they are not the real solution, said FAMM's Stewart.

"Even if President Obama used his clemency power energetically, which he has not, he simply wouldn't be able to commute every excessive sentence," she said. "The sentencing laws themselves are the problem. Congress needs to get moving and pass mandatory minimums sentencing reforms that save the worst prison terms for the worst offenders," Stewart said. "We hope there will be even more commutations today, but it's only Congress that can prevent the need for commutations tomorrow."

Still, it is good that Clarence Aaron and a few others are going home.

Washington, DC
United States

Teen Drug Use Survey Figures Spark Marijuana Debate [FEATURE]

This year's annual Monitoring the Future (MTF) survey on the habits of 8th, 10th, and 12th graders was released Wednesday, and most of the results were uncontroversial. But with two states having already legalized marijuana for adults and opinion polls suggesting more and more Americans are ready to move ahead with legalization, battles are raging over the numbers on teen marijuana use and what they mean.

The survey found that for most drugs, teen use levels are stable or declining. Synthetic marijuana use was down, as was cigarette smoking, alcohol drinking, and the use of inhalants, synthetic stimulants, prescription opioids, salvia divinorum, and hallucinogens other than LSD.

Drugs where teen use levels were stable included LSD; amphetamines; Adderall, specifically; Ritalin, specifically; ecstasy; cocaine; crack; heroin; methamphetamine; crystal methamphetamine; sedatives; tranquilizers; Rohypnol; Ketamine; and steroids. For most of these drugs, use levels even in 12th grade were quite low. For instance, 2.2% of seniors reported using LSD, 2.3% reported using Ritalin, and 4.0% reported using ecstasy.

When it comes to marijuana, 23% of seniors said they smoked in the month prior to the survey, 18% of 10th graders did, too, and so did 12% of 8th graders. Some 6.5% of seniors reported daily use, as did 4.0% of 10th graders, and under 2% of 8th graders.

It helps to put those numbers in historical perspective. All of the numbers are above the historic lows in teen drug use reported at the end of the Reagan-Bush era in the early 1990s, but well below the historic highs in teen drug use reported in 1979, just before the Reagan-Bush era began.

For seniors, the all-time low for monthly use was 11.9% in 1992, but the recent high was 23.1% in 1999. This year's 22.7% is actually a decline of two-tenths of a percent from 2012, and in line with figures for the past decade showing rates hovering in the upper teens and low twenties. It's a similar story at the younger grade levels.

The survey also found that the notion that regular use of marijuana is harmful is losing favor among teens. Only 39.5% of seniors saw it as harmful, down from 44.1% last year, and down significantly from views over the past two decades.

Despite the relative flatness of the marijuana use numbers, some warned that the sky is falling, cherry-picking the numbers and warming to favored themes to support their points of view.

Ever since Reefer Madness days, teen marijuana use has worried the grown-ups.
"Let these numbers be a wakeup call to parents and decision-makers alike," said Kevin Sabet, a former senior drug policy advisor in the Obama Administration now serving as the director of Project SAM (Smart Approaches to Marijuana). "There is no way to properly 'regulate' marijuana without allowing an entire industry to encourage use at a young age, to cast doubt on the science, and to make their products attractive -- just like Big Tobacco did for 50 years. Today's Big Marijuana is no different."

"These increases in marijuana use over the past few years are a serious setback in our nation's efforts to raise a healthy generation of young people," said Gil Kerlikowske, director of the Office of National Drug Control Policy. "Teens deserve to grow up in an environment where they are prepared to meet the challenges of the 21st century, and drug use never factors into that equation. Today's news demands that all of us recommit to bolstering the vital role prevention and involved parenting play in keeping young people safe, strong, and ready to succeed."

"This is not just an issue of increased daily use," said Nora Volkow, director of the National Institute on Drug Abuse (NIDA). "It is important to remember that over the past two decades, levels of THC -- the main psychoactive ingredient in marijuana -- have gone up a great deal, from 3.75% 1995 to an average of 15% in today's marijuana cigarettes. Daily use today can have stronger effects on a developing teen brain than it did 10 or 20 years ago."

Volkow also latched onto figures showing that 12% of 8th graders had tried marijuana in their lives.

"We should be extremely concerned that 12% of 13- to 14-year-olds are using marijuana," Volkow added. "The children whose experimentation leads to regular use are setting themselves up for declines in IQ and diminished ability for success in life."

In 2012, MTF added questions about where students obtain marijuana. In states that have medical marijuana, 34% of pot-smoking seniors said one of the ways they got their marijuana was through someone else's prescription (recommendation). And 6% said they got it with their own recommendation.

"A new marijuana industry is forming in front of our eyes, and make no mistake about it: they are delighted their customers -- today's youth -- consider their product safe," remarked former Congressman Patrick J. Kennedy, a Project SAM cofounder. "The rise of legalization and medical marijuana has sent a message to young people that marijuana use is harmless and non-addictive."

But while the drug czar, Dr. Volkow, and Project SAM were sounding the tocsin about the threat of teen marijuana use, others reacted more calmly, taking solace from the findings that teen cigarette smoking and drinking, not to mention other drugs, had declined.

"These findings should put to rest any claims that reforming marijuana laws and discussing the benefits will somehow contribute to more teens using marijuana," said Mason Tvert, director of communications for the Marijuana Policy Project. "It's time for prohibition supporters to stop hiding behind teens when debating marijuana policy."

The declines in teen cigarette smoking and drinking show that regulation -- not prohibition -- is the way to address substance use, Tvert said.

"Regulation clearly works and prohibition has clearly failed when it comes to protecting teens," he argued. "Regulating alcohol and tobacco has resulted in significant decreases in use and availability among teens, and we would surely see similar results with marijuana. At the very least, this data should inspire NIDA and other government agencies to examine the possibility that regulating marijuana could be a more effective approach to preventing teen use."

Uruguay Legalizes Marijuana! [FEATURE]

The Uruguayan Senate voted Tuesday to approve a government-sponsored bill to legalize marijuana commerce. The Senate vote was the final vote needed for the bill to pass; all amendments to the bill were defeated previous to Tuesday's debate, so it now goes to the desk of President Jose Mujica, who supports it.

Once Mujica signs the bill into law, it will go into effect in 120 days.

The Broad Front coalition government headed by Mujica first introduced the plan to legalize marijuana a year and a half ago as part of a broader package of measures designed to reduce the crime and violence associated with the black market drug trade. After retooling in the face of significant opposition, the bill passed the lower chamber of Congress in July.

Uruguay now becomes the first signatory to the 1961 United Nations Single Convention on Narcotic Drugs to break with the UN on the issue of marijuana legalization. The Netherlands has turned a blind eye to small-scale retail sales for decades now, but such acts remain formally illegal so the Dutch can remain in formal compliance with the treaty.

Under the bill, the Uruguayan government will regulate the importation, cultivation, harvesting, distribution, and sale of marijuana. Would-be pot smokers will have to register with the government in order to grow their own (up to six plants), grow it collectively in a club, or buy up to 40 grams a month at a pharmacy.

The bill was not without opposition. During debate Tuesday, Colorado Party Sen. Alfredo Solari, a former health minister, said that children and teens would be able to more easily obtain marijuana.

"The effects of this policy on public health will be terrible," he warned.

But Broad Front Sen. Roberto Conde retorted that easy access to marijuana is already the status quo.

"Marijuana is already established in Uruguay," he said. "It's a drug that is already seen as very low risk and enormously easy to get."

Opposition didn't just come from conservative lawmakers. Some marijuana users aren't very keen on the idea of having to register with the state in order to legally obtain their drug of choice.

Uruguayan President Jose Mujica
But President Mujica and the Broad Front argued that the bill would weaken drug traffickers and help reduce the estimated $80 million a year the country spends fighting drugs and imprisoning traffickers. The estimated 128,000 Uruguayan pot smokers (user groups have a higher estimate of around 200,000) make up the largest illicit drug market in the country.

The government is vowing to entice consumers with marijuana that is both cheaper and of higher quality than that produced by the black market, most of which comes from Paraguay, which produces plentiful but low-grade crops.

"We are keeping in mind the prices on the black market, until we start to dismantle the functioning of the market," said Julio Calzada, secretary of the National Drug Board.

"This law will return us to the vanguard of Latin America," added Broad Front Sen. Constanza Moreira. "For many of us, today is a historic day. Many countries in Latin America, and many governments will take this law as an example."

Uruguay's move to legalize the marijuana business won accolades from drug reformers around the globe. In an open letter organized by the International Drug Policy Consortium,114 civil society organizations from around the world welcomed the vote.

"The path taken by Uruguay establishes the basis for a new paradigm in drug policy," the groups said. "The organizations that have promoted these changes cannot ignore the efforts undertaken by the Uruguayan state. We will support Uruguay and every other state and jurisdiction as they seek to develop more sensible drug policies to tackle the problems related to health and security of their citizens, in full respect with international human rights treaties."

"It's about time that we see a country bravely break with the failed prohibitionist model and try an innovative, more compassionate, and smarter approach," said Hannah Hetzer, who is based out of Montevideo, Uruguay, as the policy manager for the Americas for the Drug Policy Alliance. "For 40 years, marijuana prohibition has been attempted and it simply hasn't worked. But rather than closing their eyes to the problem of drug abuse and drug trafficking, Uruguay has chosen responsible regulation of an existing reality. Let's hope others soon follow suit!"

"We applaud President Mujica and members of the Uruguayan General Assembly for their leadership on this important issue," said Dan Riffle, director of federal policies for the Marijuana Policy Project. "Support for regulating marijuana and taking it out of the underground market is not only growing in the United States, but also internationally. It will not be long before more states and nations decide to end marijuana prohibition."

"Marijuana prohibition creates underground markets that generate billions of dollars in tax-free revenue for violent drug cartels and traffickers," Riffle said. "Regulating marijuana will allow authorities to control it and ensure profits are being used to benefit communities instead of criminals."

Uruguay has just punched a big hole in the edifice of global marijuana prohibition. Who is going to be next?

Montevideo
Uruguay

DPA Files California Marijuana Legalization Initiative, But… [FEATURE]

A California marijuana legalization initiative backed by the Drug Policy Alliance (DPA) was filed Wednesday with the state attorney general's office. But the national drug reform group said it has not yet decided whether to campaign to get it on the November 2014 ballot.

The Control, Regulate, and Tax Marijuana Act would legalize up to an ounce and four plants for people 21 and over and create a statewide system of regulated marijuana commerce. It would also impose a 25% tax on retail sales.

A year ago, in the wake of the legalization victories in Colorado and Washington, major players in the California marijuana reform movement, including California NORML, the Coalition for Cannabis Policy Reform, the ACLU of California, the Drug Policy Alliance, the Marijuana Policy Project, and late drug policy reform funder Peter Lewis's representative, Graham Boyd, met in San Francisco and came to a tentative agreement that they would work together toward putting an initiative on the ballot in 2016.

Reluctant to risk another defeat at the ballot box like Proposition 19 in 2010, the movement heavyweights jointly decided to let other states take the lead in 2014 rather than act precipitously and potentially see the reform movement suffer a major blow with another defeat in the nation's most populous state.

But momentum in favor of marijuana legalization was growing quickly, as evidenced by a September Gallup poll's 58% in favor of legalization nationally and polls out of red states like Indiana, Louisiana, and Texas showing majority support. That was also the case in California, with a September Public Policy Institute of California poll showing 60% of registered voters favoring legalization and an October Tulchin poll that had support for legalization at 65% among likely voters.

Those numbers prompted some key players to reconsider, especially given that two other marijuana legalization initiatives -- not vetted by the heavyweights -- are already floating around. The first, the California Cannabis Hemp Initiative of 2014, the perennial effort by acolytes of the late Jack Herer, is in the signature gathering phase, but shows little sign of having the financial wherewithal to actually gather enough signatures to make the ballot. The second, the Marijuana Control, Legalization, and Regulation Act of 2014, described by its proponents as "the world's first open source initiative," is pending approval at the attorney general's office after its proponents handed in its second amended version Friday.

Now DPA has stepped in with its own 2014 initiative. "The Drug Policy Alliance is the primary force behind this and primary drafter of this initiative," said Steve Gutwillig, DPA's deputy director of programs. "We wanted to make sure that a responsible and well-drafted initiative would be available in 2014 should a full-fledged campaign become possible. Filing this initiative is making sure that there is a viable initiative vehicle if we go forward in 2014. We think it reflects what the voters will support."

Gutwillig emphasized that no decision to move forward had been made, but that one would be forthcoming early next year.

The clock is ticking. The deadline for gathering signatures for November 2014 is April, and given that state officials have up to 60 days to return a ballot summary and let signature gathering commence, that means the window for signature gathering could be as short as three months. With more than 500,000 valid signatures needed to make the ballot, that would be a daunting and very expensive prospect.

It may still be better to wait for 2016, said Dale Gieringer, the longtime head of California NORML.

"I don't see that this does much for patients or consumers," he said. "The fact that we have three initiatives proposed for 2014 shows a relative lack of unity and a lack of adequate consultation among the various groups. And it's really late in the day."

Gieringer pointed to language leaving the state's medical marijuana system intact as one issue. "We would have two systems, one with a special tax, one without," he noted. "Guess which one most people would patronize. The legislature might respond by getting rid of collectives or dispensaries. Medical marijuana regulation is the elephant in the room, and these are complicated issues that will require consultation by a lot of interest groups."

He also counseled patience.

"People started panicking when those strong poll numbers came out in the fall and started thinking 'Gee, this is really feasible,'" Gieringer said. "But it was so late in the day that people couldn't really get together and plan and vet to come up with a well-conceived plan. This is a stab in the dark, especially until we see how Colorado and Washington play out, especially the tax and regulate part. How is this going to work in the marketplace? Will people patronize highly taxed marijuana shops or not?"

The DPA effort may not be the perfect marijuana legalization initiative -- that elusive creature has yet to be spotted -- but it is out there now, at least as a place holder. The other two initiatives appear unlikely to actually make the ballot, so the decisions made early next year by DPA and its allies are likely to determine if California votes on marijuana legalization next year or not.

CA
United States

DEA Raiding Medical Marijuana Dispensaries in Denver! [FEATURE]

DEA and IRS agents backed up by Denver and other state and local law enforcement raided a number of Denver area medical marijuana dispensaries and grow operations Thursday. The US Attorney for Colorado's office confirmed the raids were taking place.

a Denver medical marijuana dispensary (not one of those raided Thursday) (wikipedia.org)
"The Drug Enforcement Administration, Internal Revenue Service Criminal Investigations, the Denver Police Department and state and local law enforcement are today executing lawfully obtained search warrants and seizure warrants," said Jeff Dorschner, spokesman for the US Attorney for Colorado's office in a Thursday statement

"Although we cannot at this time discuss the substance of this pending investigation, the operation under way today comports with the Department's recent guidance regarding marijuana enforcement matters," Dorschner added. "As this is an on-going investigation, no additional information will be made available," he said.

Dorschner was referring to an August 29 Justice Department memorandum to federal prosecutors that said the Obama administration would not interfere with marijuana legalization provided certain boundaries were not crossed. US Attorney for Colorado John Walsh laid them out in his own statement that same day.

"Of particular concern to the US Attorney's Office are cases involving marijuana trafficking directly or indirectly to children and young people; trafficking that involves violence or other federal criminal activity; trafficking conducted or financed by street gangs and drug cartels; cultivation of marijuana on Colorado's extensive state and federal public lands; and trafficking across state and international lines," Walsh explained.

The Thursday raids come less than two months before state-legal marijuana retail stores open for business on January 1.

The Denver Post reported that the number of sites hit was "about a dozen," while the alternative weekly Westword put the number at fewer than 20, although that number is tentative. Among businesses mentioned by "reliable sources within the scene" to Westword are VIP Wellness, Cherry Top Farms, marQaha, and Swiss Medical in Boulder. Westword printed a photo of police cars in the parking lot of marQaha, while the Post printed a photo of piles of uprooted marijuana plants lying in the snow outside Swiss Medical.

Westword also reported that the owner of Swiss Medical told it that the raid there was prompted by one person among multiple tenants using its space, but that the raiders seized all the plants belonging to anyone who had a grow there. That's similar to what happened at Cherry Top Farms in 2011, when federal raiders targeting one grower seized all the plants on the scene.

"We do not yet know the details of these latest federal actions, so it is too soon to say what inspired them," said Denver-based Marijuana Policy Project spokesman Mason Tvert. "The Justice Department said it would respect states' rights to regulate marijuana, and that it would not go after businesses as long as they are complying with state laws. We hope they are sticking to their word and not interfering with any state-regulated, law-abiding businesses."

Tvert emphasized that at this point he does not know whether any of the businesses struck are accused of violating state laws.

"Colorado has demonstrated that regulating marijuana works," Tvert said. "Those businesses that are in clear compliance with state laws are meeting the needs of the community and not causing problems. As a result, they have not faced much in the way of federal interference. If a business is suspected of violating state laws, they will likely face increased scrutiny, and if they are found to be in violation, they will likely face consequences. That is how our society treats alcohol, and that is how we expect to see marijuana treated."

Denver-based attorney and marijuana activist Rob Corry was less diplomatic. He told the Post the Justice Department was acting like a bully and targeting "mostly mom-and-pop businesses."

"That is true to form, the DOJ, behaving like the classic schoolyard bully picking on the little guy," he said. "The DOJ needs to explain in a logical fashion why they are picking and choosing, going after only some of these entities when every one of them selling marijuana is running afoul of the federal law."

Denver, CO
United States

A Clean, Well-Lit Place to Shoot Dope -- In Your City, Soon? [FEATURE]

The only existing supervised injection site for hard drug users in North America is Vancouver's Insite, but panelists at a session of the International Drug Reform Conference in Denver last month said activists in a number of US cities are working to be next. (Plans are also afoot in a couple of Canadian cities.)

client at Vancouver's Insite supervised injection site (vch.ca)
Supervised injection sites (SIS) are a proven public health and harm reduction intervention that can save lives by preventing overdoses, bring a measure of stability to the sometimes chaotic lives of addicts, reduce the spread of bloodborne infectious diseases such as HIV/AIDS and Hepatitis C, and reduce crime and disorder in the community.

SISs also exist in a number of European countries and Australia, but face both legal and political hurdles in the US. Still, advocates are ready to push the envelope here in a bid to bring the life-, health-, and money-saving innovation here.

Donald Macpherson, executive \director of the Canadian Drug Policy Coalition and former head of Vancouver's Four Pillars drug policy program explained the prehistory of Insite, offering hints of possible courses of action in the US.

"We had a public health disaster," he said, referring to the city's escalating heroin problem in the 1990s. "Drug users themselves opened an SIS in 1995, and the police watched it, but didn't shut it down. A second opened in 2002. A year later, another non-sanctioned injection site opened up. It was really messy and it took years."

But in the end, Vancouver ended up with Insite and has managed to keep it open despite the best efforts of the Conservative federal government in Ottawa.

"Insite survives because it has an exemption from Canadian drug laws," Macpherson explained. "We won in the British Columbia courts, we won in the Canadian Supreme Court, which instructed the health minister to issue a permit. But we still barely have Insite, and though other cities are working on it, there is a big chill in Canada right now and we're just trying to hang on to what we've got."

Plans for SISs in the US face similar obstacles, but that isn't stopping advocates in a number of cities -- notably Austin, New York City, San Francisco, and Seattle, as well as somewhere in New Mexico -- from pressing forward with plans to open them there.

"I don't know if we'll be first, but we'll be one of many," said Robert Cordero, president and chief program officer of Boom! Health in the Bronx.

Boom! Health, which resulted from the merger of Bronx AIDS Services and Citiwide Harm Reduction, is a multi-service organization with a three-story building that includes a pharmacy, pharmacists with a harm reduction orientation, and a seven-day-a-week drop in center.

"Safe injection would be embedded with all these other services," he said.

"I don't know if we want to be first, but we want to be one of many," said Olivia Sloan, outreach and education associate for the Drug Policy Alliance (DPA) in New Mexico, which has been working patiently to bring cutting edge programs like SISs to the state. "We passed harm reduction, including needle exchange, through the state legislature, but it's not working," Sloan said. "We have overdose deaths at four or five times the national average."

Advocates in New Mexico have been and continue to lay the groundwork for SISs, Sloan said.

"We took a political and academic approach, and our conversation about injection facilities started a few years ago," she explained. "We have mobile syringe exchanges. We drafted legislation last year and the Senate passed a memorial to require we study the feasibility of SISs in New Mexico. We have partnered with the University of New Mexico and are looking for a principal investigator."

In San Francisco, preliminary discussions with local officials about SISs have been going on for some time, but the San Francisco Drug Users Union may follow the path taken by organized Vancouver drug users, as well as many of the needle exchange pioneers in the US, and just do it.

"We have a committee very committed to an SIS that meets every Monday for two hours," said Holly Bradford, the union's coordinator. "We're really on the verge. We have a very active bathroom here; you just open the door," she smiled. We're bringing it to San Francisco," she said. "It might not be sanctioned or aboveground, but it's going to happen."

Whether underground or not, SISs face a hazard-strewn trek. State, local, or federal officials can throw up any number of obstacles, said Lindsay LaSalle, a Berkeley-based law fellow for DPA.

"Drug possession remains illegal and could impact any SIS user, although probably not the staff or operator because they're not handling the drugs," she explained.

"Then there are the crack house laws, which both the federal government and some states have. They make it illegal for anyone to maintain, own, lease, or rent a property where drugs are used, consumed, or manufactured. These laws could cover SISs, and this could impact both clients and staff and operators alike," she elaborated.

"Then there are civil forfeiture statutes. They've used them to go after medical marijuana dispensaries," she enumerated.

Winning local official support reduces some risks, but not all, LaSalle said.

"If SISs were sanctioned at the local level, many of the legal risks dissipate, but state actors could still choose to prosecute," she warned. "In most states, local officers are deputized to enforce state law, so they could still go after an SIS. If authorized at the state level, that would be an incredible victory, but we would still have to deal with the federal government."

While acknowledging that lawyers can be "a buzzkill," LaSalle also hastened to add that things can change faster than we think.

"These legal barriers are not so different from the challenges we've faced with other drug policy issues, like syringe exchanges," she noted. "They were seen as completely radical, but now we have an almost universally accepted public health intervention with the exchanges."

Part of the process of initiating a supervised injection site is selling it to other stakeholders. Panelists had a number of ideas about messages that worked.

"For business people, you tell them this is how we clean up the neighborhood," said a Seattle activist.

"It is a very incremental change from syringe exchange to supervised injection sites," said LaSalle. "Position it as a very small change in an organization that provides all these other services to drug users."

"There's always 'what we're doing is not working,'" said Sloan.

"We're not going to arrest our way out of this problem," suggested Cordero. "But don't go straight to the SIS conversation. Let people see what we're doing, and then they say 'you're doing God's work' and second, 'Holy shit! Where would all those people be if you weren't open?'"

The obstacles to implementing supervised injection sites in the US are formidable, but the need to do so is urgent and increasingly understood, as are the benefits. With activists and advocates in a number of American locales pursuing SISs through a variety of means, the question is not whether it will happen here, but when and where.

New Daily Roundups from Drug War Chronicle

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

Marijuana Policy

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

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

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

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

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

Search and Seizure

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

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

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

Drug Testing

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

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

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

Psychedelics

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

Sentencing Reform

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

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

International

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

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

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

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

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

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

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

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

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

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

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

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

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

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