psmith's blog

Marijuana Use Fairly Stable, Annual Survey Finds

[image:1 align:right]The annual Monitoring the Future survey of teen drug use is out, and anyon

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Michigan Senate Republicans Scapegoat Poor With Welfare Drug Test Bill

In one of its last acts of the legislative session, the Michigan Senate passed a bill mandating drug testing for selected welfare applicants and recipients. It was a straight party-line vote.

Location: 
Lansing, MI
United States
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Uruguay Legalizes Marijuana!

The Uruguayan Senate approved the government's marijuana legalization bill on a 16-13 vote Tuesday evening.

Location: 
Montevidoe
Uruguay
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Majority for Marijuana Legalization in New California Field Poll

A new Field Poll released Tuesday has 55% support for generic marijuana legalization and 56% support for t

Location: 
CA
United States
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New California Marijuana Legalization Initiative Filed

The Drug Policy Alliance has filed a marijuana legalization initiative with the California Secretary of State's office.

Location: 
Sacramento, CA
United States
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In Reversal, Denver Council Rejects Front-Porch Pot Ban

[image:1 align:right]Good, and, frankly, somewhat surprising news for Denver tokers.

Location: 
Denver, CO
United States
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Final Uruguay Marijuana Legalization Vote Set for Next Week

It looks like the fat lady is about to sing.

Location: 
Montevideo
Uruguay
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Denver City Council Set to Deliver Symbolic Slap in the Face to Marijuana-Friendly Voters

The Denver city council is poised to give final approval today to an ordinance that would prevent people from smoking pot on their own property if they are visible to the public.

Location: 
Denver, CO
United States
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United Nations Drug Policy Divisions Aired

British publications have gotten their hands on a leaked UN document that reveals fundamental splits among nations as the international organization prepares for the UN General Assembly Special Ses

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Uruguay Marijuana Legalization Bill Passes Senate Committee

A bill that would make Uruguay the first country to create a legal marijuana commerce passed the Senate Health Commission Thursday.

Location: 
Montevideo
Uruguay
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Cannabis Cafes Coming to Berlin?

The Green Party mayor of Berlin's hip Friedrichshain-Kreuzberg district has won the support of the district council for

Location: 
Berlin
Germany
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Only Two More Days to Weigh in on Washington State Medical Marijuana

The Washington state Liquor Control Board announced last week that it was extending the deadline for public comment on proposed changes to the state's existing medical marijuana program until t

Location: 
Olympia, WA
United States
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Don't Miss Mexican Human Rights/Drug War Activist Javier Sicilia in DC This Week

Mexico poet and human rights activist Javier Sicilia and the Caravan for Peace (Movement for Peace and Justice with Dignity) will be in the n

Location: 
Washington, DC
United States
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Senate Judiciary Committee Hearing on Marijuana Policy Going on Now

An interesting hearing on federal marijuana policy in the face of medical marijuana in 20 states and legal marijuana in two states was supposed to start a few minutes ago.

Location: 
Washington, DC
United States
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What will legal marijuana look like in Washington?

Here are the Initial Draft Rules promulgated by the state Liquor Control Board.

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"Weed Wars" Reality TV Series Premiering Tonight

Check out this preview, then check out the show itself tonight.

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Oakland Okays Mega-Pot Farms

At about 11:15 Pacific time Tuesday night, the Oakland City Council passed an ordinance that would allow for four permitted industrial-scale medical marijuana cultivation facilities. In response to widespread concerns among the medical marijuana community, it also vowed to work on permitting medium-sized grows in the fall and to defer any crackdown on medium-sized grows until after the first large-scale permits are issued in January. Patients can still grow up to 32 square feet and to three-person collectives can still grow up to 96 square feet without permits. Look for a Chronicle feature story on this historic vote to be posted in the morning.

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Cops Kill Father-to-Be in Botched Marijuana Raid

Drug Raids: Las Vegas Narc Serving Marijuana Search Warrant Kills Father-to-Be In His Own Bathroom A 21-year-old father-to-be was killed last Friday night by a Las Vegas Police Department narcotics officer serving a search warrant for marijuana. Trevon Cole was shot once in the bathroom of his apartment after he made what police described as "a furtive movement." Police have said Cole was not armed. Police said Monday they recovered an unspecified amount of marijuana and a set of digital scales. A person identifying herself as Cole's fiancée, Sequoia Pearce, in the comments section in the article linked to above said no drugs were found. Pearce, who is nine months pregnant, shared the apartment with Cole and was present during the raid. "I was coming out, and they told me to get on the floor. I heard a gunshot and was trying to see what was happening and where they had shot him," Pearce told KTNV-TV. According to police, they arrived at about 9 p.m. Friday evening at the Mirabella Apartments on East Bonanza Road, and detectives knocked and announced their presence. Receiving no response, detectives knocked the door down and entered the apartment. They found Pearce hiding in a bedroom closet and took her into custody. They then tried to enter a bathroom where Cole was hiding. He made "a furtive movement" toward a detective, who fired a single shot, killing Cole. "It was during the course of a warrant and as you all know, narcotics warrants are all high-risk warrants," Capt. Patrick Neville of Metro's Robbery-Homicide Bureau said Friday night. But a person identifying himself as Pearce's brother, who said he had spoken with his sister, had a different version of events: "The police bust in the door, with guns drawn to my little sister and her now deceased boyfriend," he wrote. "My sister is 8 ½ months pregnant, two weeks until the due date. But they bust in the door, irritated they didn't find any weapons or drugs, drag this young man into the restroom to interrogate him and two minutes later my sister hears a shot. They shot him with a shotgun, no weapon. For what? My sister is a baby, this young man is a baby, now my sister is at his house telling his mom her son is dead, and he is barely 21." Pearce herself told the Las Vegas Review-Journal Monday that police forced her to kneel at gunpoint in the bedroom and that she could see Cole in the bathroom from the reflection of a mirror. According to Cole, police ordered Cole to get on the ground, he raised his hands and said "Alright, alright," and a shot rang out. According to Pearce and family members, Cole had no criminal record, had achieved an Associate of Arts degree, and was working as an insurance adjustor while working on a political science degree at the University of Nevada-Las Vegas. He was not a drug dealer, Pearce said. "Trevon was a recreational smoker. He smoked weed, marijuana. That’s what he did," she told KTNV-TV. "They didn't have to kill him. We were supposed to get married next year, plan a black and white affair,” she said. "He was all I ever knew, we were gonna make it." LVPD Monday identified the police shooter as narcotics detective Bryan Yant, a 10-year veteran of the force. This is the third time Yant has controversially used his police firearm. In 2002, he shot and killed a robbery suspect, claiming the suspect, who was on the ground, aimed a weapon at him. But although the suspect's gun was found 35 feet away, a jury took only half an hour to find the shooting justified. The following year, he shot and wounded a man armed with a knife and a baseball ball who had been hired to kill a dog that had killed another neighborhood dog. Yants claimed the man attacked him and that he mistook the bat for a shotgun, but the man said he was running away from Yants when Yants fired repeatedly, striking him once in the hip. Because there was no death in that case, no inquest was held, but the department's use of force board exonerated Yants. Yants is on paid administrative leave while the department investigates. The family has hired an attorney to pursue a civil action. And another American has apparently been killed for no good reason in the name of the war on drugs. "Narcotics warrants are high risk warrants," said Capt. Neville. The question is for whom, and the answer is obvious: The people on the receiving end of them. The police? Not so much, as we have shown in our annual surveys of police casualties in the drug war.
Location: 
Las Vegas, NV
United States
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Washington State 911 Good Samaritan Law to Prevent ODs Now in Effect

A law that provides some legal immunity for people who report a drug overdose in Washington state is now in effect. That makes Washington the second state to enact a "911 Good Samaritan Law." New Mexico was the first in 2007. Under the measure, if someone overdoses and someone else seeks assistance, that person cannot be prosecuted for drug possession, nor can the person overdosing. Good Samaritans could, however, be charged with manufacturing or selling drugs. The measure is aimed at reducing drug overdoses by removing the fear of arrest as an impediment to seeking medical help. According to the state Department of Health, there were 820 fatal drug overdoses in the state in 2006, more than double the 403 in 1999. The bill also allows people to use the opioid agonist naloxone, which counteracts the effects of opiate overdoses, if it is used to help prevent an overdose. Washington is the first state this year to pass a 911 Good Samaritan bill, but it may not be the last. According to the National Conference of State Legislatures, Hawaii, Massachusetts, Minnesota, and Rhode Island are considering similar measures. Supporters of the new law held a press conference Monday to tout its benefits. “In 2008, there were 794 drug overdose deaths in Washington state,” said Dr. Caleb Banta-Green, a drug overdose researcher from the University of Washington. “These overdoses do not need to be fatal. Death often takes several hours to occur,” and people are often present. He said more information on the law is available at www.stopoverdose.org. “We’re here today to encourage people who don’t work in hospitals to help saves lives,” Attorney General Rob McKenna said. “More people are dying now from prescription drug overdoses (than traffic accidents) and yet fewer people are aware of it,” McKenna said. He said drug overdoses are a hidden problem because they aren’t as visible as, for example, traffic accidents.. Sen. Rosa Franklin, who worked to pass the bill, said she worked as a nurse before becoming a legislator and wanted to address a problem she saw and read about. She said this bill will save lives. “We can no longer … put our heads in the sand and say that drug overdose is not happening.” Alison Holcomb of the ACLU of Washington said drug overdoses wouldn’t happen in an ideal world, and this law wouldn’t be necessary. She said people do drugs to cope, find acceptance or escape. “We can continue to condemn such people as morally deviant and treat them as criminals,” but, she said, that doesn’t work. She said this law is an important step and a compromise agreement. “My son, a bright, creative, compassionate and funny kid, began using prescription opiates … during his senior year of high school,” John Gahagan said. Just weeks after graduation, his son died of a drug overdose. “The 911 Good Samaritan Law will save lives,” he said, adding that his son was alone at the time of his overdose, but he knows parents of other teens who could have been saved. “This law will only be effective if there is awareness of it … Call 911 to save a life,” he said.
Location: 
WA
United States
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Drugged Driving: Michigan Supreme Overturns Itself—Driving With Pot Metabolites Not a Crime

The Michigan Supreme Court Tuesday ruled that it is not illegal to drive while having marijuana metabolites in the body, reversing a 2006 decision by a more conservative version of the court. Marijuana metabolites are not a controlled substance under state law, and their mere presence thus cannot be the basis of a conviction under the state's drugged driving law, the court held. The ruling came in People v. Feezel, in which the court overturned the conviction of a driver in the death of a severely drunk pedestrian walking in the middle of a five-lane road at night. The driver, George Feezel, was himself borderline intoxicated on alcohol, blowing a 0.009, and also tested positive for marijuana metabolites, which can linger in the system for days or weeks after the pot high is gone. Feezle was not convicted of drunk driving causing a death, but was found guilty of second-offense drunk driving, leaving the scene of a fatal accident, and driving under the influence of marijuana, although there was no testimony to the effect that he had used marijuana that evening and there was testimony to the contrary. The court ruled that a Washtenaw County jury should have been allowed to hear evidence the victim was drunk, remanding the case back to circuit court. But in ruling that marijuana metabolites are not a controlled substance, the court invalidated what was in effect a per se zero tolerance drugged driving law that allowed for people to be convicted of driving while impaired when they were not actually shown to be impaired. "We hold that 11-carboxy-THC is not a schedule 1 controlled substance under MCL 333.7212 [controlled substances act] and, therefore, a person cannot be prosecuted under MCL 257.625(8) [drugged driving act] for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system," read the opinion. The opinion, largely a demolition of the previous Supreme Court's 2006 ruling in People v. Derror that marijuana metabolites are a controlled substance, thus allowing for drugged driving convictions based solely on their presence, noted that Michigan is now a medical marijuana state and that allowing Derror to stand would unfairly impact medical marijuana patients. Under Derror, Justice Corrigan wrote for the majority, "individuals who use marijuana for medicinal purposes will be prohibited from driving long after the person is no longer impaired. Indeed, in this case, experts testified that, on average, the metabolite could remain in a person’s blood for 18 hours and in a person’s urine for up to 4 weeks." It's not just about medical marijuana patients, the opinion suggested: "Thus, under Derror, an individual who only has 11-carboxy-THC in his or her system is prohibited from driving and, at the whim of police and prosecutors, can be criminally responsible for choosing to do so even if the person has a minuscule amount of the substance in his or her system. Therefore, the Derror majority’s interpretation of the statute defies practicable workability given its tremendous potential for arbitrary and discriminatory enforcement." It is neither fair nor just nor in the interest of public safety to charge people with drugged driving who aren’t impaired. Finally, there is a Michigan Supreme Court that recognizes that.
Location: 
Lansing, MI
United States
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