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Chronicle AM: UT Defelonization Proposed, TX Pot Bills Coming, Afghan Opium Fiasco, More (10/22/14)

Texas will see marijuana reform legislation next year, "Brownie Mary" Democratic Clubs come to California's East Bay, Utah will consider drug defelonization, Afghan poppy fiasco, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

Marijuana Policy Project Takes Aim at Texas. The Marijuana Policy Project is working with legislators in Austin to craft a trio of marijuana reform bills to be pre-filed next month. One would decriminalize pot possession, one would allow medical marijuana, and one would be a tax and regulate legalization bill. Click on the title for more details.

California "Brownie Mary" Democratic Clubs Spread to East Bay. Pro-marijuana legalization Democrats have organized the first "Brownie Mary" Democratic Club in the East Bay area. "Brownie Mary" Rathbun was a pioneering medical marijuana activist in San Francisco in the days before Prop 215, and the clubs are a means to articulate a marijuana reform agenda in Democratic Party circles. Now, Alameda County has one. There are others in Los Angeles, Riverside, Sacramento, San Bernardino, and San Francisco counties.

Sentencing

Utah Could Defelonize Drug Possession, Make Other Sentencing Reforms. The Utah Commission on Criminal and Juvenile Justice Wednesday unveiled a sweeping series of proposed criminal justice reforms, including reducing simple drug possession from a felony to a misdemeanor. Other proposals would make drug sales the lowest degree felony and rework "drug free zone" statutes to focus on crimes where children are present. The proposals are expected to go before the legislature in January.

Law Enforcement

A Tale of Two Texas SWAT Drug Raids Where Officers Were Killed. Mother Jones magazine examines the results in two recent Texas SWAT drug raids that left police officers dead. In one case, the shooter was a white marijuana grower. In the other, the shooter was a black man who had a glass pipe. Guess which one got charged with murder and which one didn't. A good, provocative read; check it out at the link.

International

US Spent $7.6 Billion to Fight Afghan Opium Poppy Cultivation, But It's Now at An All-Time High. The US special inspector general for Afghanistan reconstruction has called into question US drug policy there after finding that, despite the US spending $7.6 billion to fight the opium trade since it invaded in 2001, the amount of land dedicated to poppy cultivation is at an all-time high of 523,000 acres. "In past years, surges in opium poppy cultivation have been met by a coordinated response from the US government and coalition partners, which has led to a temporary decline in levels of opium production," John Sopko said in a letter to Secretary of State John Kerry, Defense Secretary Chuck Hagel, and other top US officials. "The recent record-high level of poppy cultivation calls into question the long-term effectiveness and sustainability of those prior efforts,"he said on Tuesday. "With deteriorating security in many parts of Afghanistan and low levels of eradication of poppy fields, further increases in cultivation are likely in 2014," he added.

Chronicle AM: Holder on Pot, Big $$$ for OR Init, Cairo Student Drug Tests, More (10/21/14)

Holder talks pot, more big bucks flow to Oregon initiative, federal judge to ponder whether marijuana belongs in Schedule I, the right attacks Vanita Gupta, Canada's NDP calls for decriminalization, and more. Let's get to it:

US Attorney General Eric Holder (justice.gov)
Marijuana Policy

Attorney General Holder "Cautiously Optimistic" on Marijuana Legalization. In a Monday interview with CNN, Attorney General Eric Holder said he is "cautiously optimistic" about marijuana legalization in Colorado and Washington. He said that the Justice Department was focused on eight "priority areas" when it came to legal weed, including prevention of distribution to minors, drug trafficking across state lines, and drug-related violence. "What I've told the governors of those states is that if we're not satisfied with their regulatory scheme that we reserve the right to come in and to sue them. So we'll see," Holder said.

Oregon Initiative Reports More Big Bucks Donations. The campaign committee for Measure 91 has reported receiving $800,000 in a pair of high-denomination donations. The Drug Policy Action Network, the campaign and lobbying arm of the Drug Policy Alliance, kicked in half a million bucks, while the New Approach PAC, tied to the family of the late Progressive Insurance magnate Peter Lewis, gave $300,000. Over all, Drug Policy Action Network has contributed $1.85 million and the Lewis group has given $1.25 million. The initiative campaign has spent more than $1.1 million on TV and radio ads.

Federal Judge to Consider Whether Marijuana Should Be Schedule I. A US district court judge in Sacramento will hold a hearing next Monday on whether marijuana is appropriately classified as a Schedule I drug under the Controlled Substances Act. The hearing comes in the case of United States v. Pickard, et.al. Expert witnesses, including Columbia University psychology professor Dr. Carl Hart, will testify that classifying marijuana as a Schedule I drug is not consistent with accepted scientific evidence. This is the first time in recent memory that a federal judge has granted a hearing on the issue.

Decriminalization Fails By One Vote in Columbia, MO, City Council. A move to decriminalize marijuana in Columbia failed on a 4-3 vote Monday night after hours of intense debate. City staff opposed the measure, saying it would put the city in conflict with state law, and local police also opposed it, saying it would put officers in an awkward position, especially when doing joint counter-drug operations with other state or local law enforcement agencies.

Medical Marijuana

Missouri to Begin Taking Applications for Low-THC, High-CBD Medical Marijuana. People who want to grow high-CBD, low-THC marijuana for medical purposes under a new state law can begin submitting applications to the state Department of Health beginning November 3. The state will license two growers, and the window for applications is 30 days. The growers must operate as nonprofits and must produce marijuana that is less than 0.3% THC.

Law Enforcement

Conservative Attacks on DOJ Civil Rights Nominee Gupta Get Underway. Heritage Foundation resident expert Cully Stimson has penned an opinion piece that lays out one line of attack on Vanita Gupta, the ACLU attorney just named acting head of the Justice Department's Civil Rights division and who is nominated to permanently fill the post. "The New Civil Rights Division Head Wants to Decriminalize Possession of All Drugs," is his headline -- and the gist of his argument. Click on the link to read his piece.

International

Canada's NDP Calls for Marijuana Decriminalization and Study. The New Democratic Party (NDP) will this week officially call for immediate marijuana decriminalization, with monitoring of the health and social side effects. The call will come in a supplemental document published alongside a House of Commons health committee report, which is set to be issued today or tomorrow. While the NDP's stand is progressive, it is not as progressive as the position of the Liberals, who are calling for legalization.

Cairo University Begins Mandatory Drug Testing of Students. Any student who wants to reside in school housing at the University of Cairo must undergo mandatory, suspicionless drug testing under a new university policy. Some 4,000 students have already been tested, with 9,000 more waiting their turn. No objections to the policy have been heard.

Chronicle AM: Philly Decrim in Effect, Facebook Chides DEA, Mexico Mayhem, More (10/20/14)

New pot polls in New Hampshire and North Dakota, Philly decrim goes into effect, NYC marijuana arrests continue, Nevada senator wants heroin clinics, Massachusetts' chief justice slams mandatory minimums, Facebook sends a stern letter to DEA, mayhem continues in Mexico, and more. Let's get to it:

Cartel's deadly warning: Hacked tweet from account of murdered Mexican citizen journalist.
Marijuana Policy

Arkansas Attorney General Rejects Legalization Initiative Wording. It's back to the drawing board for Mary Berry and her legalization initiative. Attorney General Dustin McDaniel has rejected the wording of the initiative, citing "ambiguities" in the text and telling her to "redesign" it. McDaniel has already approved the wording for two other initiatives, one for medical marijuana and one that would make it legal to grow and possess marijuana.

New Hampshire Poll Has Healthy Majority for Legalization. A new WMUR Granite State poll has 59% of respondents favoring marijuana legalization, with 35% opposed. Support for legalization is up eight percent over last year. Only 27% favored maintaining the pot prohibition status quo. New Hampshire is one of the states activists are eyeing for a legalization push in the next year or two.

North Dakota Poll Has Only 24% Supporting Legalization. In what must be one of most anti-marijuana poll results in recent years, a University of North Dakota College of Business and Public Administration poll found that more than two-thirds (68%) of respondents opposed marijuana legalization, with only 24% in favor. Even medical marijuana, which typically polls in the 70s or 80s with a generic question, garnered only 47% support. At least that's more than the 41% who opposed it. Click on the link for more poll details.

Dallas March for Legalization and Medical Marijuana. An estimated 5,000 people showed up in Dallas Saturday to rally for medical marijuana and marijuana legalization. The Dallas Marijuana March was sponsored by Dallas-Ft. Worth NORML.

New York City Marijuana Arrests Continue. In a report released today, the Marijuana Arrest Research Project finds that, despite campaign promises from Mayor Bill de Blasio, marijuana possession arrests are on track to equal or even surpass the number of arrests made under his predecessor, Michael Bloomberg. Despite a new mayor and new police commissioner, the NYPD continues its practice of making penny-ante pot arrests, especially of non-white people. Some 86% of those busted under de Blasio were black or Latino. New York State decriminalized personal possession of small amounts of marijuana in 1977, yet over the last twenty years, marijuana possession has become a top law enforcement priority, with nearly 600,000 people having been arrested under this provision in New York City alone, often as the result of an illegal search or as the result of a stop-and-frisk encounter when police demand an individual "empty their pockets," thus exposing marijuana to public view.

Marijuana Decriminalization Now in Effect in Philadelphia. As of today, getting caught with a little pot in Philadelphia will face no more than a $25 fine ($100 if caught smoking it) and, possibly, up to nine hours of community service. The city council approved the measure in June, and Mayor Michael Nutter (D) signed the bill into law October 1.

Wichita Advocates Try Again With New Decriminalization Initiative. Hoping that the second time is the charm, Kansas for Change is plotting a new municipal decriminalization initiative. An effort earlier this year came up short after more than half the signatures turned in turned out to be invalid. They will need to gather 3,000 valid signatures by February 19 to make the deadline for the April 2015 ballot.

NORML PAC Endorses Cory Booker in New Jersey US Senate Race. NORML is standing by Sen. Cory Booker (D) in his bid for reelection in New Jersey. The advocacy group's political action committee has again endorsed Booker, as it did during his 2013 election campaign. "Senator Booker kept the promises he made to champion crucial criminal justice and marijuana reform issues in his first term," said NORML PAC manager Erik Altieri. "If reelected for a full six year term this fall, he will be a strong crusader for rolling back our failed war on cannabis at the federal level. We encourage New Jersey voters to support him in his campaign."

Medical Marijuana

Guam Judge Dismisses Lawsuit; Medical Marijuana Vote to Go Ahead. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Asset Forfeiture

Arizona Tribal Police Seize Student's Car Over Single Joint. An Arizona State University student is going public with her complaint that the Salt River Pima-Maricopa tribal police seized her vehicle over a single marijuana cigarette. The student, identified only as Kayla, said she was pulling over for a traffic infraction, admitted to having a joint, and was then arrested for possession and DUI and her car seized. The Indian tribe's laws allow for forfeiture even for minor marijuana possession. Kayla got her car back 4 ½ months later, but only because it was registered to someone else. The tribe remains unrepentant.

Heroin

Nevada State Senator Calls for Prescription Heroin Clinics. State Sen. Tick Segerblom (D-Las Vegas) is calling for the creation of heroin clinics, where addicts could get prescribed doses of the drugs, as a means of dealing with addiction and issues associated with it. He said he will introduce a bill to that effect in the 2015 legislative session. The clinics would also provide counseling and therapy. "The goal is to get people off the street, out of the criminal element, address their addiction and then hopefully figure out a way to get them off of the drug," Segerblom said.

Sentencing

Massachusetts Supreme Judicial Court Chief Justice Calls for end to Mandatory Minimums. New chief justice of the Supreme Judicial Court Ralph Gants has called for the repeal of mandatory minimum sentences in his first public address since assuming the office. Gants, a former federal prosecutor, noted the "disparate impact" of such sentences on racial and ethnic minorities and challenged drug war orthodoxy. "How well is the status quo working?" he asked. "Heroin is cheaper, more easily available, and more deadly than it has been in my lifetime," he added. "Drug overdose is now the leading cause of accidental death in Massachusetts, exceeding motor vehicle accidents."

Law Enforcement

Facebook Tells DEA to Stop Creating Fake Accounts. The social media giant has sent a strongly-worded letter to the DEA telling the agency to stop creating accounts impersonating real people in its bid to catch drug criminals. The Facebook move comes after the agency was revealed to have used the identity of a real woman, including posting revealing photos of her, as part of its drug-fighting efforts. Facebook is "deeply troubled" by the incident, the letter says, especially since it violates its rules about only using real identities.

International

Mexico Social Media Cartel Watcher Kidnapped, Killed, Body Shown on Her Hacked Twitter Account. Reynosa physician Dr. Maria del Rosario Fuentes Rubio participated in social media crime watch activities, reporting on the doings of drug cartel members, and it cost her her life. She was kidnapped last week and her Twitter account hacked. A photo of her dead body appeared on it, along with a message warning others on her network to close their accounts. "Today my life has reached its end," read one hacked tweet. "I can only tell you not to make the same mistake I did," said another. The hackers also directly threatened another citizen journalist, @ValorTamaulipas, warning that "death is closer than you think."

Mexico Police Arrest Drug Gang Leader Linked to Missing Students. Mexican authorities said last Friday they had arrested Sidronio Casarrubias Salgado, head of the Guerrero Unidos drug trafficking organization. The group has been linked to the disappearance of 43 radical teachers' college students, who went missing after participating in political demonstrations in Iguala. Several mass graves have been found, but it's not clear if the bodies in them are those of the missing students. The incident has led to massive public protests and become a serious crisis for the government of President Enrique Pena Nieto. The same day Casarrubias was arrested, thousands marched in Acapulco to demand the students be found alive. Days earlier, demonstrators set fires in government buildings in the state capital of Chilpancingo.

Honduras Beefs Up Air Force for More, Better Drug War. The Honduran Air Force has purchased two combat fighters from Brazil's Embraer for $29 million and been donated four helicopters worth $36 million from Taiwan as part of an effort to step up its fight against drug traffickers. Honduran President Juan Hernandez has pledged to crack down on drug trafficking, and the Honduran Congress has given the okay to shoot down suspected drug planes transiting national air space.

Marijuana Smoke-In in Melbourne Goes Unimpeded by Police. Some 200 people gathered in Melbourne, Australia, Sunday for a marijuana reform rally that included lots of people smoking pot. Victoria State Police didn't bother to show up.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: OR Battle of the Moms, San Jose Dispensaries Gone, Four Pillars Revisited, More (10/17/14)

Oregon moms take stands on Measure 91, a new Delaware poll has healthy support for legalization, say goodbye to most of San Jose's dispensaries, there's an asset forfeiture reform bill in Virginia, and more. Let's get to it:

Highway traffic stops often result in asset forfeiture actions. Virginia is the latest state to see a reform bill. (flickr.com)
Marijuana Policy

Moms Rally For and Against Oregon Initiative. It was the battle of the moms today in Oregon as mothers for and against the Measure 91 legalization initiative held opposing rallies. The pro side met in Portland, while the anti side met in Lake Oswego. The moms for 91 included mothers who came from Colorado and Washington and spoke of the experiences there. Click the link for more detail.

Delaware Poll Has Healthy Majority for Legalization. A University of Delaware poll released Thursday has support for marijuana legalization at 56%, with only 39% opposed. Majorities in all three of the state's counties supported legalization. "I would say the numbers suggest solid support for fully legalizing marijuana in Delaware," said Paul Brewer, the political communications professor at the University of Delaware who supervised the poll. "The results also reflect what's going on in public opinion at the national level, where the trends show a growing majority favoring legalization." Click on the link for a broader discussion of pot politics in the state.

Medical Marijuana

The Bell Tolls for San Jose Dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of today, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

Oregon Court Rules Local Governments Can Ban Dispensaries. In a Thursday ruling, a Josephine County Circuit Court judge has held that local governments can restrict or ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

Asset Forfeiture

Asset Forfeiture Reform Bill Filed in Virginia. Del. Mark Cole (R-Fredericksburg) has filed a bill that would require a criminal conviction before authorities could seize property. Under current state law, a criminal conviction is not required for asset forfeiture to take place. "While I certainly do not want to make the job of our law enforcement officials harder, I believe we need to strengthen our property protections to avoid potential abuse or the taking of property from an innocent person," he said. The bill is HB 1287. It's strange bedfellow supporters include tea party groups and the ACLU.

International

Vancouver's Four Pillar Policy: Where Is It Now? It's been 13 years since Vancouver approved a groundbreaking, progressive drug policy that explicitly included controversial harm reduction provisions, as well as treatment, prevention, and law enforcement (thus, the four pillars). Now, a new series available via broadcast or podcast, examines where Four Pillars is today, what it has achieved, and whether it can last. Click on the link for more details and to find out where and how to watch.

Chronicle AM: ACLU Drug Reformer to Big DOJ Post, OR Init Leading, FL MMJ Init Trailing, More (10/16/14)

Polls have the Oregon initiative up, but the Florida initiative down; a marijuana march in New Jersey takes place on Saturday, Obama nominates a drug reformer to a key Justice Dept. position, a Dutch court sticks a thumb in the government's eye, and more. Let's get to it:

ACLU drug and sentencing reformer and racial justice fighter Vanita Gupta is nominated to lead the DOJ's Civil Rights Division.
Marijuana Policy

Latest Poll Has Oregon Legalization Initiative Up By Nine Points. An Oct. 8-11 survey taken for Oregon Public Broadcasting has the Measure 91 legalization initiative at 52% of the vote with 41% opposed. If these numbers hold true, even if all undecided ended up voting "no," the initiative would still pass.

NJ Weedman to Lead Legalization March Saturday in Trenton. New Jersey marijuana activist Ed Forchion, also known as the NJ Weedman, is leading a legalization march this Saturday in Trenton. Click on the link for more details.

Medical Marijuana

Americans for Safe Access Launches "Vote Medical Marijuana" Campaign. The medical marijuana defense and advocacy group aims to educate voters ahead of next month's elections with a new 30-second online TV advertisement that will air on Sunday cable news programs in Detroit, Philadelphia, South Florida, and Washington state. The campaign also includes an interactive online voters' guide at VoteMedicalMarijuana.org. Check it out at the links.

Another Poll Has Florida Initiative Coming Up Short. A new Tampa Bay Times/Bay News 9/UF Bob Graham Center poll has the Amendment 2 medical marijuana initiative at 48% of the vote with 44% opposed and 7% undecided. Because the initiative is a constitutional amendment, it needs 60% to win. This is just the latest in a series of polls showing the initiative failing to reach that mark. Click on the link for more poll details.

Drug Policy

Obama Nominates ACLU Attorney with Strong Drug Reform Record to Head Justice Department Civil Rights Division. The Obama administration has nominated ACLU attorney Vanita Gupta to head the Justice Department's civil rights division. Gupta has been a stalwart drug reformer, working to obtain justice for the victims of racially biased drug enforcement in Tulia, Texas, currently leading the ACLU's National Campaign to End Mass Incarceration, and speaking out frequently about drug war injustices and against mandatory minimum sentencing. "The war on drugs has been a war on communities of color," she wrote in 2011. She is also a strong supporter of marijuana law reform, including legalization.

International

Unprecedented Swarm of Overdoses at Vancouver Safe Injection Site -- But No One Died. Vancouver's InSite safe injection site has seen 31 overdoses in two days, a record for the facility. The ODs came on Sunday and Monday, and speculation is that a particularly strong batch of heroin, perhaps laced with fentanyl, is responsible. It's worth noting that no one died in the InSite overdoses, where medical attention is at hand. In fact, no one has ever died of an overdose at InSite. The batch of heroin has claimed at least one life, though -- a 20-something woman who died in a hostel on the Downtown East Side. There was no medical attention on hand for her. "Heroin overdoses don't need to be fatal," said Gavin Wilson of the Vancouver Coastal Health Authority, which runs InSite. "They're reversible if caught in time."

Guatemala Weighing Softer Drug Punishments. President Otto Perez Molina has told Reuters that the country is considering reducing drug sentences for small-time offenses as part of its push to liberalize its drug policy. "We have 17,000 prisoners in our jails. Many of them are linked to drug trafficking. Some of them are indeed criminals. And there are some who are in for minimal amounts of consumption or possession," Perez said. "So I think there are steps we could take time to analyze," he added, when asked about the possibility of easing sentences to lighten the strain on Guatemala's overstretched penal system. The government received an interim report from a commission studying possible drug policy changes last month, and Perez said final recommendations would be ready sometime in the first half of next year. He also said that his government is considering regulating medical marijuana and opium poppy production for medical purposes.

Dutch Court Refuses to Punish Marijuana Growers. A court in Groningen has found two people guilty of growing marijuana, but refused to punish them, instead criticizing the government's policy that criminalizes pot growing but allows its sale in the country's famous cannabis coffee shops. "The court finds the suspects guilty, but no punishment will be applied," the court said in its ruling. "Given that the sale of soft drugs in coffee shops is tolerated, this means that these coffee shops must supply themselves and so cultivation must be done to satisfy these demands. The law does not state how this supply should be done," the court said. The Groningen growers had been open about their activities, and the court found they had acted within the spirit of the marijuana laws, acting "in the interests of public health and so as to not disturb the public order."

Medical Marijuana Update

A major report on CBD cannabis oil products come out, San Diego may soon get its first legal dispensary (it's only been 18 years!), patients in the Northeast grumble, the Illinois program gets lots of applicants, and more. Let's get to it:

National

On Monday, Project CBD released a report on CBD cannabis oil products that raises a number of questions about the safety, reliability, and legality of mass-marketed CBD oil products, some of which are available in Internet marketplaces. The report found that some products contained toxic solvents, some had little actual CBD in them, and some entities that claimed to obtain CBD from industrial hemp crops in other countries were probably not telling the truth. Click on the link to go directly to the report.

California

On Tuesday, a federal court judge issued a preliminary injunction barring Lake County officials from using warrantless raids to seize and destroy medical marijuana plants. Patients have sued to block the enforcement measures linked to Measure N, an ordinance that severely restricts medical marijuana grows in the county. Judge Thelton Henderson ruled that the patients have demonstrated a strong likelihood of prevailing at trial on their claim that the raids violate their Fourth Amendment rights.

On Wednesday, what would be San Diego's first legal dispensary won a key approval. A Green Alternative has applied to open its doors in Otay Mesa and won approval from a city hearing officer for its plans. Unless someone appeals the decision, the shop should be open by year's end.

Connecticut

On Monday, Connecticut patients demanded whole buds, not ground-up whole plant material. State medical marijuana regulations require that the plant be ground up, and that's not sitting well with some patients and activists. Homogenizing the plant results in "the degradation of the cannabinoids, the actual essential oils that are in the flower," explained Peter Mould, executive director of Connecticut NORML, who has posted a petition at change.org (search for "medical marijuana CT") asking state regulators to allow the sale of whole buds.

Florida

On Tuesday, another poll had the medical marijuana initiative coming up just short. A new poll with a large sample and small margin of error has Amendment 2 coming up short. According to the SaintPetersBlog poll, a slim majority (52%) supports the initiative, but that's not enough because, as a constitutional amendment, it needs 60% of the vote to pass. The poll sample consisted of 3,128 Florida registered voters who said they were planning to vote in the election and has a margin of error of +/- 1.8%. The poll is roughly in line with other recent surveys that have shown Amendment 2 polling in the 50s.

Guam

Last Wednesday, the Guam Election Commission moved to end legal challenges to the medical marijuana initiative vote. The commission has asked the US District Court on the island territory to dismiss the petition for a writ blocking the vote filed by local attorney Howard Trapp. Trapp has argued that the legislature cannot send an initiative to the voters, but the Election Commission and the Guam Supreme Court have already rejected his claim.

Illinois

Last Wednesday, more than 6,000 Illinoisans had applied for medical marijuana cards. The Department of Health reported that some 6,300 state residents have applied for permission to use medical marijuana, with cancer, fibromyalgia, multiple sclerosis, and spinal cord injuries being the most common health conditions mentioned. But the department also noted that the vast majority of applications were incomplete; only 800 have submitted complete applications, which include a doctor certification form and background check information. People whose applications are incomplete will be notified and then will have 21 days to complete them.

Massachusetts

On Tuesday, patients protested over the slow pace of medical marijuana implementation. Several dozen patients and advocates rallied outside the Department of Public Health in Boston Tuesday to call on the department and the governor to get the state's medical marijuana program moving. Voters legalized medical marijuana nearly two years ago, but: "We have zero cannabis plants in the ground to serve the patients," said Mickey Martin, a medical marijuana activist. "It's unacceptable to make patients wait." The protestors are calling for the state to immediately open up the program, get dispensaries up and running, and ease restrictions on "hardship cultivation" so more patients can grow their own.

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

This Week's Corrupt Cops Stories

A pill-popping, prescription-forging North Carolina narc, a pair of lying New York City narcs, a crack-slinging Baltimore schools police officer, and a pot-growing California prison guard are among the corrupt cops in the news this week. Let's get to it:

In Elizabethtown, Tennessee, a Carter County sheriff's jail guard was fired September 28 after he was caught bringing drugs and contraband into the jail. The sheriff didn't announce the firing until last week. Officer Kenneth Turner has yet to be charged in the case, but the state Bureau of Investigation is looking into it.

In New York City, two former Yonkers narcotics officers were arrested last Wednesday for lying about drug activity in order to obtain search warrants. Former narcs Neil Vera and Christian Koch are accused of lying to a Yonkers City Court judge to convince him to sign a search warrant in a drug raid that resulted in a man's death. Dario Tena fell to his death from a window during the raid. The two former officers pleaded not guilty to one count of felony perjury.

In Sacramento, a California state prison guard was arrested last Wednesday when an investigation into gang activity resulted in the seizure of 617 marijuana plants. Guard Eddie Lay, 32, is charged with cultivation of marijuana for sale. Four others were also arrested, and police seized guns, 248 pounds of packaged pot, and more than $5,000 in cash in addition to the plants.

In Houston, a former Houston police officer pleaded guilty last Thursday to playing a role in a drug conspiracy. Marcos Carrion admitted to providing security for a drug deal involving 10 kilograms of cocaine in exchange for $2,500. He also admitted agreeing to provide security for future dope deals. He copped to one count of conspiracy to possess with the intent to distribute five or more kilos of cocaine and is looking at a mandatory minimum of 10 years in prison.

In Baltimore, a former Baltimore school police officer was sentenced last Friday to two years in federal prison for dealing in cocaine. Napoleon McLain, 31, had pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine base. He admitted buying various ounces of cocaine base and reselling them to others between December 2012 and August 2013.

In Wilmington, North Carolina, a former New Hanover County sheriff's narcotics lieutenant was sentenced Monday to seven years in state prison for stealing evidence and forging court orders to obtain prescription medications. Joseph Antoine LeBlanc, 42, had pleaded guilty to a hundred felony charges including four counts of embezzlement; four counts of obstruction of justice; four counts of altering, destroying or stealing criminal evidence; four counts of obtaining property by false pretense; 28 counts of uttering forged papers; 28 counts of forgery; and 28 counts of obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Another 40 counts of trafficking opium or heroin and 21 counts of possession of a controlled substance were dismissed. LeBlanc admitted forging the names of local judges and assistant DAs to obtain the prescriptions.

Chronicle AM: CA Decrim Report, Afroman's Back, Pill ODs Drop, Colombia Synthetic Drug Trade, More (10/15/14)

A report on decriminalization in California has good news, state-level marijuana legalization could be an impetus for the US to modify international drug treaties, pain pill deaths are down (but heroin deaths are up), New Zealand has a different take on employee drug testing, and more. Let's get to it:

Afroman's got a whole new positive take on "Because I Got High."
Marijuana Policy

Report: California Decriminalized, and Nothing Bad Happened. A new report from the Center on Juvenile and Criminal Justice examines California's experience with marijuana since decriminalization went into effect at the beginning of 2011. It finds that "marijuana decriminalization in California has not resulted in harmful consequences for teenagers, such as increased crime, drug overdose, driving under the influence, or school dropout. In fact, California teenagers showed improvements in all risk areas after reform." There's lots of good number-crunching and analysis. Click on the second link to read the whole thing.

Afroman Revised: Good Things Happened "Because I Got High." California rapper Afroman burned up the charts in 2001 with his catchy lamentation about the perils of being a stoned-out couch potato, but now, thanks to NORML and Weedmaps, he's back with a new version of "Because I Got High," and he's singing a different tune. He eased his glaucoma thanks to the "cannabis aroma" and he can deal with anxiety attacks without Xanax, he sings. The song's new lyrics praise the benefits of marijuana in a number of ways, all supported by scientific evidence, says NORML, which has been working with Afroman for several years. Click on the title link to view the video.

Medical Marijuana

Massachusetts Patients Protest Over Medical Marijuana Implementation. Several dozen patients and advocates rallied outside the Department of Public Health in Boston Tuesday to call on the department and the governor to get the state's medical marijuana program moving. Voters legalized medical marijuana nearly two years ago, but: "We have zero cannabis plants in the ground to serve the patients," said Mickey Martin, a medical marijuana activist. "It's unacceptable to make patients wait." The protestors are calling for the state to immediately open up the program, get dispensaries up and running, and ease restrictions on "hardship cultivation" so more patients can grow their own.

Drug Policy

Brookings Report Sees Marijuana Legalization as Chance to Update International Drug Treaties. A report from the Brookings Center for Effective Public Management, "Marijuana Legalization is an Opportunity to Modernize International Drug Treaties," says that the Obama administration's tolerance of legal marijuana in the states creates tension with international drug control treaties and that, as state-level legalization spreads, the US should consider "narrowly crafted treaty changes" to "create space within international law for conditional legalization." The US could, for now, argue that even allowing state-level legalization is compliant with the treaties, but that argument will not hold water if legalization spreads, the authors say. Click on the report link to read the whole thing.

Opiates

Prescription Pain Reliever Deaths Drop for First Time in Years, But Heroin Deaths Up. For the first time since 1999, deaths from prescription opiates declined in 2012. The number of prescription opiate ODs quadrupled to nearly 17,000 by 2011, before dropping to 16,007 in 2012, a decline of 5%, according to data from the Centers for Disease Control and Prevention. Federal officials are crediting crackdowns on "over-prescribing" and the expansion of prescription drug monitoring programs. The decline in prescription opiate ODs follows a tapering off of the rate of increase that began in 2006. Before that, ODs had increased at a rate of 18% a year beginning in 1999; after that, the rate of increase declined to 3% through 2011. But with the crackdowns has come an apparent shift to heroin among some prescription opiates, and with that is a rising heroin OD death toll. Heroin ODs jumped 35% from 2011 to 2012, reaching 5.927 that year.

Prescription Drugs

Pennsylvania Prescription Drug Monitoring Bill Goes to Governor's Desk. A bill that would establish a prescription drug monitoring database has passed the House. Senate Bill 1180 already passed the Senate in May, and after a pro forma housekeeping vote there, goes to the desk of Gov. Tom Corbett (R), who has said he will sign it. The legislation would track all prescriptions for Schedule II through Schedule V drugs, which is a bit too far for the ACLU of Pennsylvania. The rights groups said it had privacy concerns, and that low abuse potential Schedule V drugs should not be tracked.

Law Enforcement

"Baby Bou Bou" SWAT Raid Protestors March to Atlanta Federal Courthouse. Supporters of Bounkham "Baby Bou Bou" Phonesevahn, the Georgia toddler severely burned by a flash bang grenade during a botched SWAT drug raid, marched to the federal courthouse in Atlanta Tuesday to press for federal action in the case. A local grand jury refused to indict any of the officers involved. The group, included a lawyer for the family, met with US Attorney Sally Quillian Yates to discuss possible federal charges. Yates' office said it is considering the case.

International

New Zealand Arbitrator Throws Out Positive Marijuana Test Firing. The Employment Relations Authority has overturned the firing of a man forced to take a drug test after an anonymous caller told his employer he had been smoking pot in a parking garage. The Authority held that the company was not entitled to force the man to take a drug test. The company was ordered to pay $14,000 in damages and lost wages.

Colombia Massacre Opens Window on Black Market Synthetic Drug Trade. Eight reported drug traffickers involved in trying to dominate the trade in synthetic stimulants were gunned down outside Cali recently, and TeleSur TVhas a lengthy and interesting report on what it reveals about the fragmented nature of the drug trade there and the role of the new synthetics in it. The new drugs, such as 2CB, known colloquially as "pink cocaine," are popular with elite youth, and are now apparently being produced in-country. The lucrative trade is leading to turf wars, with the Cali killings being the most evident example.

Chronicle AM: State Dept. Okay With Legalization Elsewhere, Bolivia's Morales Reelected, More (10/14/14)

The State Department's point man on international drug affairs signals a new flexibility in US policy, Bolivia's coca farmer President Evo Morales wins reelection, the DC initiative wins more endorsements, the Florida medical marijuana initiative is in danger, and more.

Assistant Secretary of State for International Narcotics and Law Enforcement William Brownfield says some surprising things.
Marijuana Policy

DC Initiative Picks Up Labor, Working Families Endorsements. DC's Measure 71 marijuana cultivation and possession legalization initiative has been endorsed by two labor unions and a District-based activist group. The Service Employees International Union (SEIU) and the United Commercial Food Workers (UCFW) have come on board, citing the elimination of racially discriminatory enforcement and the removal of barriers to job opportunities. So has DC Working Families, a progressive social justice activist group.

Northern California Marijuana Summit Being Planned in Advance of 2016 Effort. Aware that a well-connected California marijuana legalization initiative is coming in 2016, some Northern California counties are laying the groundwork for a regional summit on the issue. Mendocino County CEO Carmel Angelo told county supervisors last week that the impending legalization initiative had led her to have discussion with other county CEOs about forming a Northern California Cannabis Summit next year. The proposed meeting would discuss possible economic, regulatory, taxation and policy implications to prepare for 2016 legalization.

Medical Marijuana

Latest Poll Has Florida Initiative at 52% -- It Needs 60% to Win. A new poll with a large sample and small margin of error has the Amendment 2 medical marijuana initiative coming up short. According to the SaintPetersBlog poll, a slim majority (52%) supports the initiative, but that's not enough because, as a constitutional amendment, it needs 60% of the vote to pass. The poll sample consisted of 3,128 Florida registered voters who said they were planning to vote in the election and has a margin of error of +/- 1.8%. The poll is roughly in line with other recent surveys that have shown Amendment 2 polling in the 50s.

Drug Policy

State Department's Drugs Point Man Signals US Flexibility on Drug Reform. In a speech last week at the United Nations, Assistant Secretary of State William Brownfield, the head of the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), made it clear that the US is willing to embrace flexibility, up to and including drug legalization in other countries, in the face of rising calls for international drug reform. Brownfield succinctly laid out the US approach: "First,... respect the integrity of the existing UN Drug Control Conventions. Second, accept flexible interpretation of those conventions. The first of them was drafted and enacted in 1961. Things have changed since 1961. We must have enough flexibility to allow us to incorporate those changes into our policies. Third, to tolerate different national drug policies, to accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs. All these countries must work together in the international community. We must have some tolerance for those differing policies. And our fourth pillar is agreement and consensus that whatever our approach and policy may be on legalization, decriminalization, de-penalization, we all agree to combat and resist the criminal organizations -- not those who buy, consume, but those who market and traffic the product for economic gain. Respect the conventions; flexible interpretation; tolerance for national polices; criminal organizations -- that is our mantra." Click on the link to read the entirety of his remarks.

Houston Mayor Calls for "Complete Rethinking" of Nation's Drug Laws. Ten minutes into an interview with Dean Becker of the Drug Truth Network Annise Parker (D) unloaded on drug prohibition: "I agree with you that we need a complete rethinking of the nation's drug laws," she told Becker. "We have seen over and over again that outright prohibition doesn't work. We saw that in the '20s when the prohibition in this country fueled the rise of organized crime. At the same time we don't want in any way to send a message that illegal drugs are approved or appropriate, but we need to figure out a way to go to managing these drugs rather than simply saying, 'Don't do it or we are going to treat all illegal drugs the same.'" There is more; click on the title link to hear the whole thing.

International

Bolivia's Coca Farmer President Cruises to Easy Reelection. Coca farmer union leader Evo Morales has easily won reelection to an unprecedented third term as Bolivia's president. He won 59.5% of the vote, more than doubling the vote total of his nearest challenger in a five-man field and obviating the need for a runoff election. Although it remains one of the hemisphere's poorest countries, Bolivia's economy has flourished under the rule of Morales and his Movement to Socialism (MAS). The US has criticized Bolivia over its coca policies, but that didn't seem to be much of an issue in the elections.

Chronicle AM: MO MJ Actions, CT Patients Want Buds, AL Goes After Pregnant Drug Users, More (10/13/14)

Missouri marijuana activists are keeping things hopping, Connecticut patients want actual buds, the Washington Post continues its asset forfeiture series, the Labor Department issues proposed rules for unemployment compensation drug testing, and more.

The opioid overdose reversal drug naloxone is coming to Michigan. (harmreduction.org)
Marijuana Policy

Show-Me Cannabis Activist Sues Missouri Narcs for Violating Sunshine Law. Aaron Malin, a member of the Missouri marijuana reform group Show-Me Cannabis, has filed suit against the Missouri Narcotics Officers Association for failing to hand over documents and information about budgets and training the group provides to narcotics officers. The lawsuit could clarify the question of whether the association is subject to the state's Sunshine Law. Malin argues that because much of the group's funding comes from dues and training paid for by members of taxpayer-funded drug task forces, it is a quasi-governmental entity and therefore subject to the law.

Columbia, Maryland, Cultivation Decriminalization Advances. The city's Disabilities Commission voted unanimously last week to endorse an ordinance that would decriminalize the cultivation of up to two marijuana plants. People caught growing two plants would face only a $250 fine; seriously ill people would face no fine. The city council had asked various commissions to weigh in; the Board of Health and the Substance Abuse Advisory Commission came down against the proposal. The council will take it up at a meeting next Monday.

Medical Marijuana

Connecticut Patients Want Whole Buds, Not Ground-Up Whole Plant. State medical marijuana regulations require that the plant be ground up, and that's not sitting well with some patients and activists. Homogenizing the plant results in "the degradation of the cannabinoids, the actual essential oils that are in the flower," explained Peter Mould, executive director of Connecticut NORML, who has posted a petition at change.org (search for "medical marijuana CT") asking state regulators to allow the sale of whole buds.

Asset Forfeiture

Seized Cash Fuels Law Enforcement Spending. The Washington Post continues to hammer away at asset forfeiture. This latest in an ongoing series of articles examines what law enforcement agencies are buying with the hundreds of millions of dollars they have seized under federal asset forfeiture laws. The Post examined 43,000 annual reports from police agencies under the Justice Department's Equitable Sharing program. While some of the spending is justifiable, the Post also found seized funds paying for luxury vehicles, travel expenses, and even a clown named Sparkles. It's a long, but worthwhile read.

Drug Testing

Labor Department Issues Proposed Rule for Unemployment Compensation Drug Testing; Limits It to Job Categories Where Drug Testing is Required. The department is responding to the Middle Class Tax Relief and Job Creation Act of 2012, which has a provision allowing states to drug test people seeking unemployment compensation. "We propose that an applicant may be drug tested by the State in order to be eligible to receive State UC if the applicant's only suitable work, as defined under the State UC law, is in a position or class of positions, i.e., an 'occupation,' for which Federal law or that State's law requires employee drug testing in that occupation," the department proposed.

Harm Reduction

Michigan Governor Signs Overdose Prevention Law. Gov. Rick Snyder (R) today signed into law a bill that requires emergency medical responders to be trained to administer the opioid overdose reversal drug naloxone (Narcan). The legislation, House Bill 5407, is part of a package of bills dealing with the issue. Snyder signed them all.

Pregnancy

Two More Alabama Counties Start Charging Pregnant Women Who Test Positive for Illegal Drugs. Calhoun and Cleburne counties now join Etowah County in seeking to prosecute pregnant women who use drugs, saying the move is designed to deter them from using drugs. That's even though there is a strong consensus among the medical community that criminalizing pregnant women hooked on drugs is not good for either mother or child, because the threat of arrest may deter pregnant women from seeking adequate prenatal health care.

International

Medical Marijuana Momentum in Australia. The government of the Australian Capital Territory (ACT) announced today that it will join in a national clinical trial on medical marijuana. It will join in trials being conducted by the New South Wales government. Nearly two-thirds of Australians support medical marijuana, according to a July poll, and both the national and various state governments are becoming more receptive.

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