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Retired Supreme Court Justice Stevens: Legalize It

Retired Supreme Court Justice John Paul Stevens said on Thursday that the federal government should follow the lead of states that have legalized marijuana. That makes him the first Supreme Court justice—retired or otherwise—to endorse legalization.

Retired Supreme Court Justice John Paul Stevens (SCOTUS)
"Yes," Stevens replied when asked by NPR's Scott Simon as to whether marijuana should be legalized under federal law. "I really think that that's another instance of public opinion [that's] changed. And recognize that the distinction between marijuana and alcoholic beverages is really not much of a distinction. Alcohol, the prohibition against selling and dispensing alcoholic beverages has I think been generally, there's a general consensus that it was not worth the cost. And I think really in time that will be the general consensus with respect to this particular drug."

This isn't the first time Justice Stevens has taken a progressive stand on drug policy. In a 2011 interview in Time magazine, the bow-tied jurist slammed harsh drug sentencing. "The use of mandatory minimum statutes has had a very adverse effect on the overall system, and I think generally, the so-called war on drugs has emphasized more-severe punishment than is appropriate throughout the country," Stevens said then. "There are some instances where penalties are so disproportionate that they could well violate the Eighth Amendment."

And although Stevens authored the Supreme Court opinion in Gonzales v. Raich upholding federal preeminence over state medical marijuana laws, he has also called it "most unwise" to prohibit the medical use of the drug.

Stevens' latest remarks were cheered by Tom Angell, chairman of Marijuana Majority.

"Justice Stevens is right. Public opinion is shifting rapidly in favor of marijuana legalization," said Angell. "Polls now consistently show that a clear majority of the public supports ending prohibition and, as this trend continues, we'll start to see more prominent people and politicians saying it's time to change the laws."

Stevens served as Supreme Court justice from 1975 to 2010.

Washington, DC
United States

Chronicle AM--April 24, 2016

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

Marijuana Policy

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

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

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

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

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

Medical Marijuana

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

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

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

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

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

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

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

Drugged Driving

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

Harm Reduction

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

International

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

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

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

Medical Marijuana Update

Illinois patients can have guns, but New Hampshire patients can't grow their own medicine. And California counties stay busy as the legislature ponders actually regulating medical marijuana there. Let's get to it:

California

Last Tuesday, Long Beach voters overwhelmingly approved taxing any marijuana dispensary operating in the city. Measure A, which won 74 percent of the vote, would impose a city business tax of 6% of gross receipts per dispensary as well as a $25 to $50 per square foot tax on marijuana grows.

On Monday, a medical marijuana regulation bill won a committee vote. Senate Bill 1262 passed the Senate Business, Professions and Economic Development Committee and will next be heard in the Senate Health Committee. The bill is supported by police chiefs and the League of Cities and has been amended to make it more palatable to most, but not all, medical marijuana advocates.

Also on Monday, a Fresno County grower sued the county over excessive fines. Phaeth Holapatiphone, a medical marijuana card holder from Manteca, was growing 43 plants on her mother's Del Rey property when deputies ordered them removed in February. Her mother was ordered to pay $43,000 in fines by county supervisors, who authorized a tax lien against the property to collect the fines.

On Tuesday, Sacramento County supervisors voted unanimously to ban outdoor grows. The board passed, however, on banning indoor grows. Instead it will work with stake holders to develop an ordinance to cover indoor grows.

Also on Tuesday, Tehama County supervisors banned grows on vacant lots. They also voted to add a requirement for a yearly renewal of marijuana cultivation registrations and transferred enforcement of those registrations from the Tehama County Health Services Agency to the Environmental Health Department.

Florida

On Monday, a limited CBD medical marijuana bill won a House committee vote. House Bill 843 passed the House Judiciary Committee 15-3 and now heads for a House floor vote.

Illinois

Last Friday, llinois regulators said medical marijuana patients can keep their guns. Regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

New Hampshire

On Tuesday, a medical marijuana grow bill was detoured and referred to interim study. The Senate Health, Education, and Human Services Committee failed to take decisive action on a bill that would provide licensed patients with legal access to medical marijuana while the state develops a system of regulated cultivation and distribution. Instead, the committee voted 3-1 to refer the bill for interim study. The bill, House Bill 1622, had already passed the House by a margin of three to one.

Wisconsin

Last Wednesday, Gov. Scott Walker (R) signed a limited CBD medical marijuana bill into law. He signed Assembly Bill 726, which would allow the limited use of CBD cannabis oil as a treatment for seizures.

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

This Week's Corrupt Cops Stories

An Alabama deputy gets stung, a Baltimore cop gets jail for beating on a drug suspect, and a Texas jail guard gets to see the other side of the bars after selling marijuana to prisoners. Let's get to it:

In Camden, Alabama, a former Wilcox County sheriff's deputy pleaded guilty last Tuesday to cocaine distribution charges. Greg Barge had been indicted on eight counts of trafficking cocaine from his patrol car after he got caught up in a sting and was arrested in June 2013 for transporting what he thought was cocaine, but was really a fake substance. He pleaded guilty to three counts: attempting to distribute cocaine powder, knowingly using a firearm in the commission of a drug trafficking crime, and violation of the Hobbs Act in which he unlawfully used extortion during interstate commerce. He's looking at between six and nine years in federal prison.

In Baltimore, a Baltimore police officer was sentenced last Thursday to 45 days in jail for assaulting a drug suspect in custody. Officer Anthony Williams was convicted of assault and hindering the investigation that followed in a case known as "Ratgate" because a key witness in the case, also a police officer, had a dead rat left on his car in what authorities described as an incident of witness intimidation. Williams took a man who had been arrested from the police paddy wagon and back into a house, where he assaulted him. Williams said he had done nothing wrong and would do it again.

In Tyler, Texas, a former county jail guard was sentenced last Friday to five years in prison for selling marijuana and other contraband to an inmate at the Troup County Jail. Angel Rafael Vargas, 40, went down after an inmate's mother reported that her son told her jail officers would deliver contraband for payment, and authorities investigated. Vargas copped to possession of marijuana with intent to distribute, three counts of furnishing prohibited items to an inmate and one count of bringing contraband into the jail.

Chronicle AM -- April 23, 2014

There's news on the marijuana legalization initiative front, decrim dies in New Hampshire, pot sentencing reform dies in Alabama, Illinois patients can keep their guns, drugged driving and reproductive rights make news, too. And more. Let's get to it:

Former drug offenders will have their voting rights restored in Virginia, thanks to Gov. Terry McAuliffe (D). (wikipedia.org)
Marijuana Policy

Alaska Legalization Vote Pushed Back to November. A ballot initiative that could make Alaska the third US state to legalize recreational marijuana will go before voters in a general election in November rather than in August as previously scheduled, officials said on Monday. Alaska ballot initiatives typically go before voters in primary elections. But a lengthier-than-normal state legislative session this year forced the change because, under state rules, initiatives must go to voters no less than 120 days after the end of a session.

New Approach Oregon Legalization Initiative Gets Another Big Bucks Donation. The Drug Policy Action Network, the political arm of the Drug Policy Alliance, has given $100,000 to the New Approach Oregon legalization initiative campaign. That's the second $100,000 in a week for the initiative, which has just commenced its signature-gathering phase.

Total Marijuana Ban Initiative Proposed in Montana. A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure last week. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana."

No Decriminalization for New Hampshire This Year. Criminal penalties for possessing small amounts of marijuana will not change, after the Senate refused to consider a House-passed bill. Under House Bill 1625, the penalty for having an ounce or less of marijuana or hashish would have been the same as a traffic ticket, and it would have lowered the penalties for growing less than six marijuana plants. The bill passed the House by a better than two-to-one margin, but the Senate refused to accept the bill. It had killed a nearly identical bill last session.

Louisiana to Retain Harsh Marijuana Penalties. The Senate Judiciary Committee voted Tuesday to kill a bill that would reduce the state's marijuana penalties, some of the harshest in the country. Senate Bill 323 would have made simple possession a misdemeanor punishable by no more than six months in jail. Under current law, repeat pot possession offenders can be jailed for up to 20 years. The measure failed on a 4-3 vote.

Medical Marijuana

Florida Limited CBD Medical Marijuana Bill Wins House Committee Vote. A bill to allow patients suffering from seizures or severe pain to use high CBD cannabis oil has passed the House Judiciary Committee. House Bill 843 passed the committee 15-3 and now heads for a House floor vote.

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) last week signed into law Assembly Bill 726, which allows the use of CBD cannabis oil to treat severe seizures in children.

Illinois Medical Marijuana Patients Can Keep Their Guns. Illinois regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

Drugged Driving

Arizona Supreme Court Rules Presence of Marijuana Metabolite Not Sufficient to Prove Impaired Driving. The state's high court ruled Tuesday that motorists with a secondary marijuana metabolite in their system cannot be charged with a DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment. The state had argued that even the presence of metabolites in the urine of users was sufficient for a conviction, but the high court said "this interpretation would criminalize otherwise legal conduct" and "leads to absurd results." The case is Arizona v. Shilgevorkyan.

Michigan Bill Would Allow Police to Saliva Test for Drugs During Traffic Stops. The House Judiciary Committee is considering a package of bills related to drugged driving, including one, House Bill 5385, that would allow police to include saliva testing through a mouth swab. The measure is opposed by medical marijuana advocates, who raised concerns about the accuracy of the tests. The committee will continue taking testimony on the bills, which would also allow for police officers to confiscate driving licenses and issue temporary permits for drugged drivers as they do for suspected drunk drivers now.

Reproductive Rights

Tennessee Legislature Passes Bill Criminalizing Pregnant Women for Drug-Related Harm to Fetuses. A bill that holds women criminally accountable for illegal drug use during pregnancy, with punishments of up to 15 years in prison, passed the legislature last week. Senate Bill 1391 punished drug-using women if their babies are stillborn or born addicted or otherwise harmed. Gov. Bill Haslam (R) has 10 days to decide whether to sign it into law.

Alabama Supreme Court Rules That Women Can Be Charged With Chemical Endangerment if They Become Pregnant and Use a Controlled Substance. The state Supreme Court last Friday upheld the conviction of a woman who gave birth to a baby that tested positive for cocaine, even though the infant was healthy. In so doing, the court upheld the state's 2006 chemical endangerment law and held that the word "child" in the law includes fertilized eggs. The case is Ex Parte Sara Jane Hicks. Alabama and South Carolina are the only states that authorize the prosecution of pregnant women for drug use, although as we see above, Tennessee could soon join them.

Prescription Drugs

Oklahoma Senate Approves Bill Adding Prescription Drugs to Drug Trafficking Law. The Senate Monday approved a bill adding four additional drugs to the state's Trafficking in Illegal Drugs Act. The measure, House Bill 2589, adds morphine, oxycodone, hydrocodone and benzodiazepine to the list of controlled substances in the act. Individuals convicted under the act would receive a minimum of 10 years, which is twice the prison term for possession of these substances. The bill is supported by the Oklahoma Bureau of Narcotics. It has been amended and will return to the House of Representatives for reconsideration.

Opiate Pain Relievers

FDA Panel Recommends Against Approving Dual Opioid Medication. An advisory panel of the Food and Drug Administration (FDA) voted Tuesday against approving a combination morphine-oxycodone painkiller. The drug, Moxduo, would be the first medication to combine both opioids in one capsule. Moxduo's manufacturer, QRxPharma, says the drug is intended to provide faster relief from moderate to severe pain, with fewer side effects than currently available opioids. The panel voted unanimously against approving it, concluding that QRxPharma had not proved the drug is less likely to cause potentially life-threatening respiratory suppression, compared with taking oxycodone or morphine alone.

Search and Seizure

US Supreme Court Upholds Vehicle Stops Based on Anonymous Tip. An unusually divided Supreme Court ruled Tuesday that an anonymous 911 phone call reporting a reckless driver justified a traffic stop that led to a marijuana. The 5-4 decision saw Justice Antonin Scalia side with the court's liberal minority, but Justice Stephen Breyer's vote gave the conservative majority the win. The case is Navarette v. California. The ruling means police need not corroborate anonymous reckless driving tips before stopping a vehicle.

Voting Rights

Virginia Governor to Restore Voting Rights for Drug Offenders. Virginia Gov. Terry McAuliffe (D) announced Friday that he will immediately restore voting rights to anyone who has completed their sentence for a drug offense, and reduce the waiting period for other violent felonies from five years to three. Virginia is one of four states that ban all ex-felons from voting for life unless they receive clemency from the governor. But governors in these states can take executive action to alter the policies on these felons.

International

Sinaloa Cartel Losing Ground in Ciudad Juarez, Stratfor Analyst Says. The Carrillo Fuentes drug-trafficking organization, with its enforcement arm La Línea, is moving to regain the El Paso-Juárez corridor from the Sinaloa cartel, whose power in Juarez is eroding quickly, according to a terrorism and security analyst from the Texas-based private intelligence firm Stratfor. Click on the link for more details.

"Hundreds, Perhaps Thousands" Could be Freed Under New Federal Clemency Rules

Attorney General Eric Holder announced Monday that the Justice Department will soon release new, more expansive criteria for recommending federal prisoner clemency applications for President Obama to review. That means Obama, who has so far freed a paltry 10 prisoners early in his first six years could free "hundred, perhaps thousands" in his final two, a senior administration official told Yahoo News Monday.

Most of those who will be eligible for clemency under the new criteria are doing time for drug offenses, a category that accounts for 50.1% of the federal prison population, or roughly 100,000 inmates. As the Justice Department noted in its press release, the move will be "an important step to reduce sentencing disparities for drug offenders in the federal prison system."

"The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness and proportionality for deserving individuals who do not pose a threat to public safety," Holder said in a video message posted on the department's website. "The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences."

Later this week, Deputy Attorney General James M. Cole is expected to announce more specific details about the expanded criteria the department will use and the logistical effort underway to ensure proper reviews of the anticipated wave of applications, the press release said.

President Obama has, midway through his second term, begun moving to use his clemency power. In December, he commuted the sentences of eight federal inmates convicted of nonviolent drug offenses involving crack cocaine. He said the eight men and women had been sentenced under an "unfair system," including the 100-to-1 sentencing disparity between crack and powder cocaine offenses that was reduced but not eliminated by the Fair Sentencing Act of 2010.

This latest move was foreshadowed by a January announcement that the administration was taking the unprecedented step of encouraging defense lawyers to suggest inmates whom the president might let out of prison early, as part of its effort to curtail severe penalties in low-level drug cases, and again last week, when White House counsel Kathryn Ruemmler said Obama has directed the Justice Department to improve its clemency recommendation process and recruit more applications from convicts.

Drug reform advocates greeted the announcement as a step in the right direction and as a signal to state governors -- most drug offenders are doing time on state, not federal, charges -- but also as a tail-end fix for a problem that needs front-end solutions.

"This would be a positive step toward righting the wrongs of our broken criminal justice system. I hope governors with the same power at the state level follow his lead and reunite more families," 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.

"With half a million people still behind bars on nonviolent drug charges, clearly thousands are deserving of a second chance. Congress should act immediately to reduce the draconian federal mandatory minimum sentences that condemn thousands to decades behind bars for non-violent drug offenses," added Papa.

It could do that by passing the Smarter Sentencing Act (Senate Bill 1410), which has already made it out of the Senate Judiciary Committee. But in the meantime, liberating some of the thousands of people currently imprisoned with harsh drug sentences is a move that can't come soon enough.

Washington, DC
United States

US Supreme Court Rejects Florida Drug Testing Appeal

The US Supreme Court Monday declined to review a lower court ruling that found Florida Gov. Rick Scott's (R) plan to randomly drug test state employees unconstitutional.

US Supreme Court
The decision by the nation's highest court means that the ruling by the 11th US Circuit Court of Appeals finding the plan unconstitutional stands.

The drug test-happy governor had issued an executive order in March 2011 directing all state agencies to drug test new hires and randomly test current employees. But that order was challenged by the American Federation of State, County, and Municipal Employees Council 79, representing state workers.

The union argued that random drug testing was a violation of the Fourth Amendment's proscription against unreasonable searches and seizures. In its decision, the 11th Circuit generally agreed with the union, finding the suspicionless drug tests unconstitutional, but also ordered the state and the union to determine which state employees could be subjected to such testing.

The legal proscription on drug testing state employees is not complete. There are exceptions for some public safety and law enforcement workers.

But Gov. Scott's ambitious plan to foist drug testing on all state workers without cause has been squashed.

It's 4/20 in Denver!

Denver is pot city this weekend, with the High Times Cannabis Cup, the 4/20 rally downtown, and dozens of related musical and cultural events.

The Walking Raven marijuana retail outlet on South Broadway, aka Denver's Green Mile.

On East Colfax Avenue this morning, people wearing their Sunday attire for Easter services are outnumbered by people wearing tie-dyes, 4/20 t-shirts, and pot leaf caps heading down to today's session of the 4/20 rally (it went on yesterday as well, with thousands in attendance.

The Cannabis Cup is massive! Organizers estimate more than 30,000 people attending each day, and for blocks around the expo hall, there are masses of stoned humanity wandering to and fro. Inside, the commodification of marijuana continues at a dizzying pace, with hundreds of vendors and exhibitors hawking their wares.

I visited the Walking Raven retail outlet yesterday and interviewed the owner. Look for some of that interview to appear in a feature article later this week on the state of play in Colorado. 

I also made my first legal marijuana purchase in the United States. It was a proprietary 30% THC strain called Hong Kong Diesel. It wasn't cheap, and prices are something I want to address in that coming feature.

The parking lot at Walking Raven was notable for the plethora of out of state license plates. People are coming from all over the country to take part in and celebrate the new reality of legal weed.

I'm off to the 4/20 rally in a bit; may post something later tonight. Then I basically disappear for a couple of days as I head off across Colorado, Utah, and Nevada on my way to Northern California. Look for regular Chronicl action to recommence by Wednesday.

Location: 
Denver, CO
United States

I'm Denver Bound, So No Chronicle AM for Friday

I'm driving from eastern South Dakota to Denver Friday in preparation for the 4/20 weekend there.

It's a long, lonesome drive to Denver...
660 miles of lonely prairie, until the Rockies rise in the distance.

The High Times Cannabis Cup is going on, and there's the 4/19-4/20 event at the civic center. Pot is legal in Colorado, but smoking it in public isn't. It'll be interesting to see how the Denver PD responds.

I expect to interview a retail outlet owner, among other people, too. I'll be writing about this next week, but first I have to drive from Denver to Northern California. I should be back in the regular swing next Wednesday.

Chronicle AM -- April 17, 2014

Marijuana legalization initiatives are in the news, the NCAA ponders relaxing marijuana penalties, a vaporizer company wants to drug test its workers, and more. Let's get to it:

Marijuana Policy

New Approach Oregon Legalization Initiative Starts Signature-Gathering. Signature gathering began today for the New Approach Oregon legalization initiative. Backers need 87,213 valid voter signatures by July 3, and they say they are confident they will get them. Another initiative, Paul Stanford's Oregon Cannabis Tax Act initiative, is already in the midst of signature-gathering.

New Approach Oregon Legalization Initiative Gets $100,000 Donation from Fragrance Heir. Henry van Ameringen, heir to a fragrance fortune, has donated $100,000 to the New Approach Oregon legalization initiative.

Alaska Legalization Initiative Campaign Challenges Opponents. In a Wednesday morning press conference, supporters of the Campaign to Regulate Marijuana Like Alcohol in Alaska stood outside a downtown Anchorage office building with a giant novelty check written out to "No on 2/ Project S.A.M." for $9,015 -- the same amount of money the alcohol lobby donated to former Rhode Island Rep. Patrick Kennedy during his time in office. Kennedy is the cofounder of Smart Approaches to Marijuana, a national group that opposes marijuana legalization. The event served as a challenge to opponents of the Alaska measure -- a group collectively known as "Big Marijuana. Big Mistake. Vote No On 2" -- to show the public the science proving that marijuana is more dangerous than alcohol.

Rhode Island House Panel Hears Legalization Bill. The House Judiciary Committee heard testimony Wednesday on a marijuana legalization bill. The measure, House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. The committee took no action. Click on the link to get the flavor of the testimony.

NCAA Ponders Reducing Penalties for Athletes Who Test Positive for Pot. The NCAA is mulling a proposal to reduce the penalty for a student-athlete's positive marijuana test from a full-season suspension to a half-season, according to CBSSports.com. The site's senior college football columnist, Dennis Dodd, reported that the idea, which is likely to be approved, reflects the association's view that marijuana use is not performance enhancing.

Medical Marijuana

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) has signed Assembly Bill 726, which would allow the limited use of CBD cannabis oil as a treatment for seizures.

Major Medical Marijuana Industry Company Announces Drug Testing Program, But Not for Pot. OPenVAPE, a vaporizer manufacturer that bills itself as "the nation's largest cannabis brand," announced today that it will begin a drug testing program for employees. But the company won't test for the drug its products are designed to be used with; instead, it will only test for "dangerous drugs." Click on the link to read their press release.

Sentencing

Drug Policy Alliance Intervenes in Case of Louisiana Man Doing 13 Years for Two Joints. The Drug Policy Alliance has filed an amicus brief with the Louisiana Supreme Court in the case of Bernard Noble, who is serving 13 years in prison for marijuana possession. "Thirteen years in prison for two joints is obscene," said Daniel Abrahamson, the lead author of the brief for the Drug Policy Alliance. "The punishment is so far out of proportion to the conduct that we really can't call it 'punishment' -- it is more like torture." Louisiana has some of the toughest drug laws in the nation.

Drug War Issues

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