Phillip Smith
recent blog posts by Phillip Smith:
Harm Reduction: Washington Senate Passes Good Samaritan Bill; Would Protect Against Prosecution in Overdose Cases
Posted in Chronicle Blog by Phillip Smith on Tue, 02/09/2010 - 1:40amThe Washington state Senate Friday passed SB 5516, the 911 Good Samaritan Act, on a vote of 47-1. One member was absent. The bill now goes to the House.
The measure provides immunity from prosecution for drug possession offenses for overdose victims and people who seek medical assistance for overdose victims. It does not grant immunity from prosecution for drug distribution offenses.
It also allows expanded access to naloxone, a powerful opiate antagonist that can bring people back from the brink of death from overdoses in a matter of moments.
The bill comes as the number of drug overdose deaths in Washington state have increased from around 403 in 1999 to 707, or nearly two a day, in 2006. Drug overdose is now the second leading cause of accidental death in the state, second only to traffic accidents.
The bill was opposed by the Washington Association of Prosecuting Attorneys, who argued that because there was no budget for publicizing the bill, it would not affect drug-taking behaviors, and thus would be no more than another complicating factor in drug prosecutions.
Drug overdose fatalities now outrank traffic accidents as the leading cause of accidental deaths in more than a dozen states. But only one state, New Mexico, has approved a Good Samaritan law. Now, perhaps Washington will be next.
Ibogaine Pioneer Howard Lotsof Dead at Age 66
Posted in Chronicle Blog by Phillip Smith on Fri, 02/05/2010 - 5:28pmIbogaine advocate Howard Lotsof, 66, died January 31 in Staten Island, New York. Liver cancer killed him.
In 1962, Lotsof, a Bronx native, was strung out on heroin when he ingested a sample of the West African psychoactive substance ibogaine. Rocked by the hallucinatory experience, Lotsof was even more stunned when he realized that after ibogaine he no longer felt compelled to use heroin.
For 20 years after that, Lotsof went about his life in the television and movie business, but when an accident cut that career short, he returned to ibogaine and began working to make it available as an addiction treatment. In 1986, he founded a company, NDA International, and began treating clients in Amsterdam.
Lotsof originated numerous patents for ibogaine in treating addictions and provided data to the National Institute on Drug Abuse that laid the groundwork for still ongoing research on ibogaine and its use as an anti-addictive substance. More than 60 peer-reviewed scientific papers on ibogaine have been published so far.
Thanks almost entirely to Lotsof and his supporters, including Dana Beal and Cures Not Wars, an international network of ibogaine clinics is now in place and treating addicted clients. Lotsof was not a doctor or scientist—his college degree was in film—but an outsider who still managed to bring ibogaine in from the cold and win it academic and scientific respect.
He will be missed.
Medical Marijuana: Colorado Bill to Rein-In Booming Scene Passes Senate
Posted in Chronicle Blog by Phillip Smith on Tue, 02/02/2010 - 2:27amStunned at the rapid increase in the number of registered medical marijuana patients in the state, the Colorado Senate voted overwhelmingly Monday to impose new restrictions on physicians who make medical marijuana recommendations. The Senate voted 34-1 to pass SB 109.
Sponsored by Sens. Chris Romer (D-Denver) and Nancy Spence (R-Centennial), the bill would require physicians who make medical marijuana recommendations to have a "bona fide" relationship with patients, including treating a patient before he applies for medical marijuana, conducting a thorough physical exam, and providing follow-up care. The bill would also bar doctors from being paid by dispensaries to write recommendations and require that they not have any restrictions on their medical licenses. Doctors would have to keep records of all medical marijuana recommendations and provide them to state health agencies seeking to investigate doctors for violating state laws.
The bill would also require persons between 18 and 21 to get recommended by two different physicians.
Colorado began registering medical marijuana patients in June 2001 after voters approved a constitutional amendment legalizing its use. For years, the number of patients hovered around 2,000, but after state courts last year threw out a regulation limiting the number of patients caregivers could provide for to five and the Obama administration signaled that it was not going to interfere in medical marijuana states, the numbers exploded. By last September, there were more than 17,000 registered patients, and now the number is near 40,000. A similar boom has gone on with dispensaries, with Colorado now second only to California in their numbers.
The bill was supported by Colorado law enforcement and the Colorado Medical Association, but was opposed by most medical marijuana patients and providers.
"This is the beginning of the end of the Wild West" for the state's booming medical-marijuana industry, said bill sponsor Sen. Chris Romer.
"This bill is an unprecedented assault on the doctor-patient privilege that would hold medical marijuana doctors to a higher standard than any other doctor," medical marijuana attorney Robert Correy told lawmakers. "This would cause human suffering. The most sick and the most poor would be disproportionately harmed. You're going to see the Board of Medical Examiners conducting witch hunts against medical marijuana providers."
The bill now moves to the House.
LA City Council Approves Medical Marijuana Ordinance; Hundreds of Dispensaries Will be Forced to Close, Thousands of Jobs Lost
Posted in Chronicle Blog by Phillip Smith on Tue, 01/26/2010 - 7:21pmThe Los Angeles City Council voted 9-3 today to approve a medical marijuana dispensary ordinance that, if enforced, will shut down more than 80% of the city's estimated nearly one thousand dispensaries. The ordinance also bars dispensaries from operating within a thousand feet of schools, parks, day care centers, religious institutions, drug treatment centers, or other dispensaries.
The ordinance allows for only 70 dispensaries to operate in the city, but grandfathers in 137 dispensaries that were licensed before the council imposed a moratorium on new dispensaries. The number of allowed dispensaries could shrink even further if suitable locations that do not violate the 1,000-foot rule cannot be found.
With this vote, the city council will effectively push thousands of dispensary employees onto the unemployment rolls.
Look for a feature article on the council vote and its ramifications on Friday.
Southeast Asia: Human Rights Watch Charges Torture, Rape, Illegal Detentions at Cambodian Drug "Rehab" Centers; Demands They Be Shut Down
Posted in Chronicle Blog by Phillip Smith on Mon, 01/25/2010 - 8:02pmIn a scathing 93-page report released today, the international human rights group Human Rights Watch (HRW) accused Cambodian drug detention centers of torturing and raping detainees, imprisoning children and the mentally ill, and illegally detaining and imprisoning drug users. The centers are beyond reform and should be closed, the group said.
"Individuals in these centers are not being treated or rehabilitated, they are being illegally detained and often tortured," said Joseph Amon, director of the Health and Human Rights division at HRW. "These centers do not need to be revamped or modified; they need to be shut down."
The report cited detailed testimonies from detainees who were raped by center staff, beaten with electric cables, shocked with cattle prods, and forced to give blood. It also found that drug users were "cured" of their conditions by being forced to undergo rigorous military-style drills to sweat the drugs out of their systems.
"[After arrest] the police search my body, they take my money, they also keep my drugs...They say, ‘If you don't have money, why don't you go for a walk with me?...[The police] drove me to a guest house.... How can you refuse to give him sex? You must do it. There were two officers. [I had sex with] each one time. After that they let me go home," said Minea, a woman in her mid-20's who uses drugs, explaining how she was raped by two police officers
"[A staff member] would use the cable to beat people...On each whip the person's skin would come off and stick on the cable," said M'noh, age 16, describing whippings he witnessed in the Social Affairs "Youth Rehabilitation Center" in Choam Chao. The title of the HRW report is "Skin on the Cable."
More than 2,300 people were detained in Cambodia's 11 drug detention centers in 2008. That is 40% more than in 2007.
"The government of Cambodia must stop the torture occurring in these centers" said Amon. "Drug dependency can be addressed through expanded voluntary, community-based, outpatient treatment that respects human rights and is consistent with international standards."
Cambodian officials from the National Authority for Combatting Drugs, the Interior Ministry, the National Police, and the Social Welfare Ministry all declined to comment when queried by the Associated Press. But Cambodian Brig. Gen. Roth Srieng, commander of the military police in Banteay Meanchy province, denied torture at his center, while adding that some detainees were forced to stand in the sun or "walk like monkeys" as punishment for trying to escape.
Children as young as 10, prostitutes, beggars, the homeless, and the mentally ill are frequently detained and taken to the drug detention centers, the report found. About one-quarter of those detained were minors. Most were not told why they were being detained. The report also said police sometimes demanded sexual favors or money for release and told some detainees they would not be beaten or could leave early if they donated blood.
The report relied on testimony from 74 people, most of them drug users, who had been detained between February and July 2009.
In US First, California Assembly Committee Approves Marijuana Legalization Bill
Posted in Chronicle Blog by Phillip Smith on Tue, 01/12/2010 - 9:58pmA bill to legalize the adult use, sale, and production of marijuana was approved Tuesday by a 4-3 vote in the California Assembly Public Safety Committee. While the vote was historic—it marked the first time a state legislative committee anywhere had voted for a marijuana legalization bill—a Friday legislative deadline means the bill is likely to die before it reaches the Assembly floor.
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Still, supporters pronounced themselves well pleased. "The conversation is definitely gaining traction in Sacramento," bill sponsor Assemblyman Tom Ammiano (D-SF) told a press conference at the capitol after the vote. "This is a significant vote because it legitimizes the quest for debate. There was a time when the m-word would never have been brought up in Sacramento."
“This historic vote marks the formal beginning of the end of marijuana prohibition in the United States,” said Stephen Gutwillig, California state director of the Drug Policy Alliance, who testified before the committee both Tuesday and in an earlier hearing. “Making marijuana legal has now entered the public dialogue in a credible way. Decades of wasteful, punitive, racist marijuana policy have taken quite a toll in this country. The Public Safety Committee has demonstrated that serious people take ending marijuana prohibition seriously.”
"The mere fact that there was a vote in the Assembly to regulate and control the sale and distribution of marijuana would have been unthinkable even one year ago," said former Orange County Judge Jim Gray, a member of Law Enforcement Against Prohibition, who also testified before the committee last fall. "And if the bill isn't fully enacted into law this year, it will be soon. Or, the bill will be irrelevant because the voters will have passed the measure to regulate and tax marijuana that will be on the ballot this November," Gray pointedly added.
The bill, AB 390, the Marijuana Control, Regulation, and Education Act would impose a $50 an ounce tax on marijuana sales and would task the California Department of Alcoholic Beverage Control to regulate them. It was amended slightly from the original by Ammiano. In one example, the bill strikes "legalize" and replaces it with "regulate." It also strikes out language saying the bill would go into effect after federal law changes. And it adds language to clarify that medical marijuana does not come under its purview.
Tuesday's Public Safety Committee opened to a hearing room packed with legalization supporters, but also by more than a dozen uniformed police chiefs and high-ranking police officers from around the state. Law enforcement was out in force to make its displeasure known.
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But first came Ammiano himself, recusing himself from his position as committee chair to testify in favor of his bill. "This is landmark legislation to legalize and regulate marijuana," Ammiano told his colleagues. "It would generate nearly a billion dollars annually in revenues, according to the Board of Equalization, and would leave law enforcement to focus on serious crimes, violent crimes, and hard drugs. The drug wars have failed," the San Francisco solon said emphatically. "Prohibition has fostered anarchy. Legalization allows regulations, and regulation allows order."
Since the primary hearing on the bill took place last fall, Tuesday's hearing was limited to 30 minutes (it was closer to 45), and witnesses either said their pieces succinctly or were gently chided by committee Vice-Chair Curt Hagman (R-Chino Hills). The Drug Policy Alliance's Gutwillig recapped testimony he gave last fall, as did the Marijuana Policy Project California state director Aaron Smith.
"AB 390 is a historic reversal of failed marijuana policies," said Gutwillig. "It would begin to control a substance that is already commonly available and consumed, but unregulated. Prohibition has created enormous social costs and jeopardized public safety instead of enhancing it."
"This legislation would finally put California on track for a sensible marijuana policy in line with the views of most California voters," said Smith.
Also endorsing the bill was Matt Gray of Taxpayers for Improving Public Safety, a California group lobbying for more progressive criminal justice policies. "We support the bill," said Gray. "Marijuana is the state's largest cash crop, and this bill will remove a revenue stream from organized crime and decrease availability for youth."
The opposition, led by law enforcement, church and community anti-drug groups, and a former deputy drug czar, threw everything short of the kitchen sink at the committee in a bid to sink the bill. Hoary old chestnuts reminiscent of "Reefer Madness" were revived, as well as new talking points designed to discourage members from voting for legalization.
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Stephen Gutwillig and Aaron Smith in background |
"I traveled here with a heavy heart," said former deputy director for demand reduction for the Office of National Drug Control Policy Andrea Barthwell, the big hitter leading off for the opposition. "The eyes of America are upon you," she told the committee. "We don't want you to set a course that worsens the health of Americans for years to come. This is a scheme that will benefit drug cartel kingpins and corner drug dealers and create chaos in our public health system," she warned.
"People all over the country are afraid California will have this leverage in the same way the medical marijuana initiative was leveraged to create a sense that these are reasonable policies," Barthwell continued. "We've reduced drinking and smoking through public health, and prohibition is working for our young people to keep them drug free," she added.
"Legalization of marijuana will only increase the challenges facing us," said San Mateo Police Chief Susan Manheimer. "What good can come from making powerful addictive drugs more cheaply available? Don't we have enough trouble with the two legal drugs? Adding an additional intoxicant will lead to increase drugged driving and teen sex," she told the committee. "Marijuana of today is not the dope your parent's smoked," she added for good measure.
After mentioning that in the Netherlands cannabis cafes have "run rampant," asserting that "drug cartels will become legal cultivators," and that legalization would bring about "quantum increases" in the availability of marijuana, Manheimer swung for the fence. "To balance the budget on the back of the harm caused by illegal intoxicants is mind-boggling—I would call it blood money," she said. Worse, "the addictive qualities of these drugs will cause more crimes as people struggle to find money to buy marijuana. We are very concerned about marijuana-related violence."
Then it was the turn of Claude Cook, regional director of the National Narcotics Officers Associations Coalition. "This is dangerous work we do," Cook said by way of introduction. "We are strongly opposed to AB 390, we see no benefit for our communities. Marijuana is also carcinogenic. If we want to raise revenue, maybe it would be safer to just bring back cigarette vending machines. This is human misery for tax dollars." And by the way, "Drug offenders who are in prison have earned their way there by past criminal conduct," he added.
Cook predicted downright disaster were the bill to pass. "Use by juveniles will increase. Organized crime will flourish. California will become a source nation for marijuana for the rest of the country. The cartels will thrive. Highway fatalities will rise," he said without explaining just how he arrived at those dire conclusions.
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"I see the devastation of marijuana and drugs in my community," thundered Bishop Ron Allen, "CEO and president" of the International Faith-based Coalition, and a self-described former crack addict who started with marijuana. "If marijuana is legalized and we have to deal with it in our liquor stores and communities, you have never seen a devastation like you're going to see. It's going to lose us a generation. You don't want this blood on your hands."
"I'm going to discount the ad hominems and alarmist attacks," Ammiano replied after the testimony. "Some of the arguments today reminded me of Reefer Madness," he said
Before moving to a vote, committee members briefly discussed their positions. Assemblywoman Nancy Skinner (D-Berkeley) noted that because of the state's medical marijuana law, "We have created a class difference, where a certain class of our population can utilize dispensaries for their own reasons to use marijuana, and on the other hand, we have the street activity around marijuana that is not under semi-legal status."
Skinner voted for the bill, while saying she was not sure she would support it on the Assembly floor. "I'm not supporting marijuana, but the question is who we regulate it and is it time to have a serious debate."
In the end, four of five Democratic committee members—all from the Bay area—supported the bill, while one Democrat joined the two Republicans on the committee in opposing it."
The bill would normally head next to the Assembly Health Committee, but given the time constraints on the legislature, no further action is likely to be taken this session. Still, Tuesday was a historic day in Sacramento and in the annals of the American marijuana reform movement.
New Jersey Legislature Passes Medical Marijuana Bill, Set to Become 14th Medical Marijuana State (Plus DC)
Posted in Chronicle Blog by Phillip Smith on Mon, 01/11/2010 - 8:41pmNew Jersey is set to become the 14th state to legalize the medicinal use of marijuana after the state Assembly Monday approved the Compassionate Use Medical Marijuana Act" by a vote of 46-14. Later Monday evening, the state Senate, which had already approved its version of the measure, voted final approval by a margin of 25-13. Outgoing Gov. Jon Corzine (D) has said he will sign the bill.
The Assembly debated the bill for half an hour Monday afternoon before approving it. The debate took place before galleries backed with bill supporters and opponents. It was a similar scene in the Senate a few hours later.
"It does not make sense for many of New Jersey's residents to suffer when there is a viable way to ease their pain," said Assemblyman Reed Gusciora (D-Mercer), one of the sponsors of the bill. "Medical marijuana can alleviate a lot of suffering, and there is no evidence that legalizing it for medical use increases overall drug use."
The bill will be one of the most restrictive in the nation. Patients diagnosed by their primary care physician as having a qualifying medical condition would be allowed to obtain—but not grow—medical marijuana through one of at least six "alternative treatment centers," or dispensaries. But patients would be able to register with only one dispensary at a time and would have to use the written recommendation within a month of when it was written.
Qualifying medical conditions include severe or chronic pain, severe nausea or vomiting or cachexia brought on by HIV/AIDS or cancer ("or the treatment thereof"), muscular dystrophy, inflammatory bowel diseases, and terminal illnesses where the patient has less than a year to live. Chronic pain was removed from the original bill in an Assembly committee vote last summer, but reinserted last week when the Assembly approved an amendment by Assemblyman Gusciora.
Patients could possess up to two ounces and be prescribed up to two ounces per month. That is an increase from the one ounce possession limit in earlier versions of the bill. Patients would be able to name a caregiver, courier, or delivery option to pick up medicine at the dispensary and deliver it to them.
"This will be the strictest medical marijuana law in the nation," Gusciora said at a statehouse press conference Monday. "We have a good bill that will be very strict and will not decriminalize marijuana, but will allow doctors to prescribe the best treatment for their patients."
Roseanne Scotti, director of the Drug Policy Alliance New Jersey office, who has lobbied tirelessly for passage of a medical marijuana bill, agreed that the final Garden State bill is very tight, but said it was a start. "There will be some patients who will be able to get some relief," she said. "We think once the program's up and running and people see that there aren't problems, we'll be able to go back and get in some more of our patients."
Also at the press conference were patients Diane Riportella and Mike Oliveri. Riportella was diagnosed with Lu Gerhrig's Disease in 2007 and given no more than five years to live. Oliveri suffers from muscular dystrophy.
"I'm so excited to be able to be alive and to be here for this moment," said Riportella, 53, of Egg Harbor Township. "Within a few seconds, I'm relaxed and I'm smiling and I go to Disneyland just for a few minutes and say 'It's not so bad, I can live another day,'" Riportella said.
Oliveri, 25, said he moved from his New Jersey home to California in order to be able to legally access medical marijuana. He said he vaporizes about an ounce a week to ease the pain in his legs and back and calm his digestive tract and that he had used it illegally before leaving for the West Coast. "I took every medication known to man before I took weed," said Oliveri, 25. "I knew it was a risk …but it was a life or death matter."
The bill was supported by organizations including the New Jersey State Nurses Association, the New Jersey Academy of Family Physicians, the New Jersey Hospice and Palliative Care Organization, the New Jersey League for Nursing, the American Civil Liberties Union of New Jersey and the New Jersey chapters of the Leukemia and Lymphoma Society.
Special credit goes to the Coalition for Medical Marijuana--New Jersey, the patients' and advocates' group that has fought for years to get the bill over the top.
New Jersey will now join Alaska, California, Colorado, Hawaii, Maine, Montana, Michigan, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington in the list of medical marijuana states. That list also includes the District of Columbia.
New Jersey Assembly Approves Medical Marijuana Bill, One More Vote in the Senate This Afternoon
Posted in Chronicle Blog by Phillip Smith on Mon, 01/11/2010 - 4:56pmOn the last day of the legislative session, the New Jersey Assembly has approved the state's medical marijuana bill, the Compassionate Use Act, on a vote of 48-14.
The state Senate will vote on it later today.
Outgoing Gov. Jon Corzine (D) has said he will sign it.
Look for a feature post on this once the Senate votes.
Europe: Dutch Delay Plan to Make Border Cannabis Cafes Members Only
Posted in Chronicle Blog by Phillip Smith on Mon, 01/04/2010 - 7:51pmA plan to make Dutch border town cannabis cafes members only in a bid to thwart "drug tourism" is on indefinite hold, a Dutch official said Monday. The plan, which was supposed to go into effect January 1, needs further study, the official said.
"We need to finalize our preparations before we can put the project into operation," said Petro Hermans, a project officer for the southeastern city of Maastricht. "We are studying the legal feasibility of the project," he said, adding the date of January 1 "was not practicable".
Maastricht is one of eight municipalities in southern Limburg province that announced jointly last May they would make the 30 coffee shops in their jurisdictions members only. The plan would also reduce the daily limit on marijuana purchases from five grams to three and require that payment be made with a Dutch debit card.
The measures are a bid to reduce the estimated four million visitors to Limburg each year who come from more repressive neighboring countries—France, Germany, and Belgium—to buy marijuana. Limburgers have complained that the drug tourists cause problems ranging from traffic congestion to public urination to hard drug dealing.
The Dutch government decriminalized the possession of up to five grams of marijuana in 1976 and allows for retail sales through licensed coffee shops. There are about 700 coffee shops throughout the country.
Back in Limburg, Hermans said that a report on the feasibility of the members only plan was due by mid-month. "We will then decide how to proceed," he said.
Canada: Mandatory Minimum Bill for Pot Growing Dies Sudden Death When Prime Minister Shuts Down Parliament
Posted in Chronicle Blog by Phillip Smith on Thu, 12/31/2009 - 3:10amIn a political maneuver designed to shield his embattled Conservative government from criticism during the upcoming Winter Olympics in Vancouver, Canadian Prime Minister Stephen Harper Wednesday "prorogued," or shut down, parliament until a new session begins in March. The move kills all pending legislation, including a Tory "tough on crime" bill, C-15, that included mandatory minimum nine-month prison sentences for growing as much as a single marijuana plant.
Prorouging parliament is not a routine move, but this is the second time Harper has done it in a year. Last December, he did it to head off a looming vote of no-confidence, with a coalition of New Democrats, Liberals, and Bloc Quebecois looking to replace his Conservative government. Now, he says he is doing it to introduce a new budget, but the maneuver also kills all parliamentary committees, including one looking into allegations Canadian soldiers in Afghanistan turned detainees over to Afghan authorities who abused them. That inquiry has raised embarrassing questions about Canada's policies in Afghanistan.
To the relief of drug reform advocates and Canada's cannabis culture, the move kills a bill that was very harsh and very near to passage. Under the provisions of C-15 as passed by the House, people growing between one and 200 marijuana plants faced a minimum of six months if the "offense is committed for the purpose of trafficking." That would rise to nine months if it were a rental property, if children were endangered, or if the grow presented a public safety threat, i.e. was stealing electricity.
The bill mandated a one-year minimum for between 201 and 500 plants or for producing hashish and two years for more than 500 plants. It also had one-year minimums for importing or exporting marijuana and for trafficking more than three kilograms if it was for the benefit of "organized crime," there was threat or use of violence or weapons, or if the offender had a serious previous drug offense. The trafficking minimum jumped to two years if it occurred in a prison, if the trafficking was to a minor, or if it was "in or near a school, in or near an area normally frequented by youth or in the presence of youth."
The bill had been amended earlier this month by the Senate Constitutional Affairs and Legal Committee to remove the mandatory minimum provisions for under 201 plants, but only if the grows were not in residential areas and owned by the grower. That meant anyone growing in a residential neighborhood or in a rental property still faced a nine-month minimum, limiting relief to rural home-owners.
The bill awaited only a final vote in the Senate. Now, Harper has sacrificed it on the altar of his political calculations.
But like a vampire, C-15 is likely to rise from the grave. It has been a central plank in Harper's appeals to his law-and-order constituencies, and his government is almost certain to reintroduce it when the new session begins in March, or after he calls snap elections, which the Conservatives seem well-positioned to win as their main rivals, the Liberals, flounder.
Don't put away those wooden stakes just yet.












