Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: OK Health Board Retreats on MedMJ, UK ACMD Supports MedMJ, More... (7/20/18)

The battle over Oklahoma's new medical marijuana law continues, the British Advisory Committee on the Misuse of Drugs calls for medical marijuana legalization, the Pennsylvania auditor calls for marijuana legalization, and more.

Medical marijuana is at issue in Oklahoma and Great Britain. (Creative Commons)
Marijuana Policy

Pennsylvania Auditor, Pittsburgh Mayor Call for Legalization. Auditor General Eugene DePasquale on Thursday released a report saying marijuana could be a $1.7 billion industry in the state, generating more than $500 million in tax revenues. Joining DePasquale was Pittsburgh Mayor Bill Peduto. "This issue not only has a revenue side to it, but it also has a personal side to it -- people whose lives are thrown out of balance because of the penalization of cannabis not being legal, people who are not able to have access to housing or access to jobs or access to an opportunity in life," Peduto said.

Jersey City Decriminalizes Possession. The city becomes the first in the state to decriminalize small-time pot possession. A decriminalization ordinance went into effect Thursday. Under the ordinance, the city's assistant prosecutors will have discretion in which cases to pursue.

Medical Marijuana

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

International

British Drug Advisory Committee Calls for Legal Medical Marijuana. The Advisory Committee on the Misuse of Drugs (ACMD) has called for the legalization of medical marijuana. In a "short-term advice," the group said the plant had medicinal benefits and doctors should be able to prescribe it. The ACMD also called for marijuana to be down-scheduled in the country's drug classification scheme.

Chronicle AM: Warren Slams Trump on Opioids, White House Says No Drug Legalization, More... (6/19/18)

A leading Democratic senator scolds the White House on the opioid crisis, the White House rejects drug legalization, the Lebanese consider legalizing marijuana cultivation for medicine, and more.

A Lebanese hash field. It could be turned into medical marijuana soon. (Creative Commons)
Marijuana Policy

Alaska Marijuana Festival Investigated for Allowing Marijuana Consumption. The Alaska Hempfest held last month allowed attendees who wanted to indulge on-site to smoke marijuana in a tent on the festival grounds, and that now has the festival in hot water with the state Alcohol and Marijuana Control Office. State law and industry regulations prohibit public consumption of marijuana. Festival organizers have been notified that an investigation is underway and that they will likely face a fine of several thousand dollars.

Heroin and Prescription Opioids

Elizabeth Warren Slams Trump on Lame Response to Opioid Crisis. Sen. Elizabeth Warren (D-MA) has ripped into President Trump over his lack of effective responses to the opioid crisis. In a letter released Thursday, Warren wrote: "Experts and observers have concluded that your efforts to address the crisis are 'pathetic' and 'ambiguous promises' that are falling far short of what is needed and not… addressing the epidemic with the urgency it demands. I agree and urge to move quickly to address these problems."

Drug Policy

White House Rejects Drug Legalization. In response to a question about Mexico's incoming president's openness to discussing drug legalization as an alternative to the bloody status quo south of the border, White House press secretary Sarah Huckabee Sanders made clear Wednesday that the Trump administration wasn't interested in anything like that. "I don't have a specific policy announcement on that front," Sanders said at the daily White House press briefing. "However, I can say that we would not support the legalization of all drugs anywhere and certainly wouldn't want to do anything that would allow more drugs to come into this country."

International

Lebanon's Parliament Will Take Up Legalizing Marijuana Cultivation for Medical Purposes. Parliament Speaker Nabih Berri said Wednesday the parliament is considering legalizing marijuana cultivation for medical purposes in a bid to boost the economy. "The Lebanese Parliament is preparing to study and adopt the legislation necessary to legislate the cultivation of cannabis and its manufacture for medical uses in the manner of many European countries and some US states," Berri's office said, reporting on comments made in a meeting with the US ambassador in Beirut.

Bulldozed to Death for Growing Ten Marijuana Plants

Getting caught growing a few pot plants in Pennsylvania could lead to a criminal charge and a likely sentence of probation, but for a Lehigh Valley man, it was a death sentence. This past Monday, 51-year-old Gregory A. Longenecker was found dead under a bulldozer operated by a state Game Commission worker and carrying a state trooper hunting for two men spotted near a freshly-discovered marijuana grow.

According to the Pennsylvania State Police, the Game Commission bulldozer operator was using the machine to improve access to fields on game lands when he spotted a car well off the road in the brush and called police. Officers from nearby Bernville Borough were first on the scene and quickly found a plot containing ten growing marijuana plants.

The cops saw two men emerge from the underbrush and take off running, said Trooper David Boehm, a state police spokesman. "They were back there doing whatever they have to do to their plants," he said. "It was kind of carved out of the underbrush, which I've never seen underbrush that thick ever. It was crazy how thick it was."

The two men were Longenecker and his long-time friend David Brook Light, 54. Light was quickly taken into custody by the Bernville chief of police, but Longenecker eluded immediate capture. The state police arrived on the scene and ordered one of their helicopters to join the search. The chopper pilot spotted Longenecker in the brush but then lost him. Meanwhile, a state trooper and the bulldozer operator were roaring through the brush looking for him.

"An attempt to hail the other male was unsuccessful," Beohm said in a news release. "The helicopter lost sight of the male and was giving directions to the bulldozer of his last location. The Game Commission employee and a Trooper were on the bulldozer driving through the thick underbrush. The bulldozer stopped in the underbrush. The second male was located under the rear of the bulldozer deceased."

That's right: Confronted with a small-scale illicit marijuana grow on public land, the State Police deployed a helicopter and the on-scene bulldozer and managed to kill their target. But that's not how the cops tried to spin it.

First, Trooper Boehm denied that Longenecker died as a result of a police pursuit. "They were just trying to locate this guy with use of a helicopter," he explained.

Then he suggested that Longenecker may have died of natural causes. "The reason it's unclear if Longenecker was struck and killed by the bulldozer is that Longenecker, because of his age, could have had a heart attack while fleeing through the dense thicket," Boehm said.

But that attempted diversion was foiled on Tuesday when the preliminary autopsy report came out. That report found that Longenecker died of traumatic injuries after being run over by the bulldozer. A final ruling on the cause of death awaits toxicology tests, but it is clear that he died after being run over by the bulldozer.

The case has aroused the ire of the National Organization for the Reform of Marijuana Laws (NORML), which has denounced what it calls the excessive use of force by state law enforcement.

"This awful event could have and should have been prevented," said national NORML executive director Erik Altieri. "This tragedy is a direct result of our nation's draconic and failed criminalization of marijuana. Not only was the use of resources in this matter excessive and the tactics highly questionable, but more importantly a man lost his life over the act of growing a plant that is now legally regulated in a majority of US states. No matter your opinion on marijuana legalization, the penalty for growing cannabis should never be an extrajudicial death sentence."

"As a former prosecutor and practicing criminal defense attorney, it is inconceivable to me that a man lost his life during an investigation of a very small grow," said Pittsburgh NORML executive director Patrick Nightengale. "Had he been arrested, prosecuted and convicted, Pennsylvania's sentencing guidelines would have provided for a sentence of probation. The heavy-handed tactics employed cannot be justified by the seizure of ten plants. I do not understand why law enforcement couldn't simply wait. A vehicle was on scene and another individual was taken into custody. Rip the plants, run the plate and ask the arrestee what his friend's name is. How difficult is that?"

Medical marijuana is already legal in 31 states, including Pennsylvania, and legal marijuana for adults is already permitted in nine states and Washington, DC. A bill to legalize marijuana in the state failed to advance this year, even though 59% of state residents support freeing the weed.

"As an activist and cannabis lobbyist in Pennsylvania, I always use decorum and process to my advantage. There would seem to have been a total lack of both by law enforcement this past Monday outside of Bernville. By all accounts the death of an illicit marijuana grower being chased by a state bulldozer, under the direction of Pennsylvania State Troopers, was an unnecessary and reckless use of resources," said Jeff Riedy, executive director of Lehigh Valley NORML. "These horrible events only fuel the need for marijuana reform, including the right for personal use and home cultivation in our state, and across this country. Endless pursuit at all costs, leading to the death of a suspect, over a few marijuana plants is excessive, to say the least."

This article was produced by Drug Reporter, a project of the Independent Media Institute.

How to Prevent Opioid Overdoses? Provide Hard-Core Addicts Free Pharmaceutical Heroin

With Ohio beset by a massive public health crisis around opioid use and overdoses -- more than 4,000 Ohioans died of opioid overdoses in 2016 -- the Cleveland Plain Dealer sent travel editor Susan Glaser to Amsterdam in search of innovative approaches to the problem. While there, she rediscovered Holland's longstanding, radical, and highly-effective response to heroin addiction and properly asked whether it might be applied to good effect here.

The difference in drug-related death rates between the two countries is staggering. In the US, the drug overdose death rate is 245 per million, nearly twice the rate of its nearest competitor, Sweden, which came in second with 124 per million. But in Holland, the number is a vanishingly small 11 per million. In other words, Americans are more than 20 times more likely to die of drug overdoses than Dutch.

For Plain Dealer readers, the figures that really hit home are the number of state overdose deaths compared to Holland. Ohio, with just under 12 million people, saw 4,050 drug overdose deaths in 2016; the Netherlands, with 17 million people, saw only 235.

What's the difference? The Dutch government provides free heroin to several score hardcore heroin addicts and has been doing so for the past 20 years. Public health experts there say that in addition to lowering crime rates and improving the quality of life for users, the program is one reason overdose death rates there are so low. And the model could be applied here, said Amsterdam heroin clinic operator Ellen van den Hoogen.

"It's been an enormous success. I think it would work elsewhere," she told Glaser.

It already has. The Dutch program was modeled on a similar effort in Switzerland, which has also proven successful. Germany and Canada are among the several other countries with similar programs.

The Dutch approach is an example of the country's policy of gedogen (pragmatic tolerance), the same principle that led the Dutch to pioneer quasi-legal access to marijuana in the 1980s. It is also rooted in the notion that, for some, drug addiction is a chronic disorder, not a condition to be "cured," and one that can be treated with supervised drug use under clinical supervision. And the complete cessation of drug use need not be the ultimate goal; rather, the Dutch look for reductions in criminal activity and increases in the health and well-being of the drug users.

"It's not a program that is meant to help you stop," acknowledged van den Hoogen. "It keeps you addicted."

That's not a sentiment sits well with American moralizers, such as George W. Bush's drug czar, John Walters, whom Glaser consulted for the story. He suggested that providing addicts with drugs was immoral and not "real treatment," but he also resorted to lies about what the Dutch are doing.

He claimed the Dutch are "keeping people addicted for the purpose of controlling them" and that the Dutch have created "a colony of state-supported, locked-up addicts."

Actually, the Dutch are dealing with older, hardcore addicts who have repeatedly failed to quit after repeated stints in treatment, including methadone maintenance therapy, and they are neither "controlling them" or locking them up. Instead, the people in the program show up at the clinic twice a day, get their fix, then go about their business. This heroin-assisted treatment (HAT) allows those hardcore users to live less chaotic and more productive lives.

And heroin-assisted treatment is "real treatment," said Peter Blanken, a senior researcher with the Parnassia Addiction Research Centre in Rotterdam. He pointed out that one-quarter of program participants make a "complete recovery," including better health and quitting illegal drugs and excessive drinking. Many others continue to use heroin, but do so with better outcomes, he said.

There is also a real safety benefit to using state-supplied pharmaceutical heroin. It's potent, but it's a known quantity. Users face no risk of adulteration with more dangerous drugs, such as fentanyl, which is deeply implicated in the current US overdose crisis.

In the current political atmosphere in the United States, providing heroin to hardcore addicts is a hard sell indeed. Other, lesser, harm reduction interventions, such as needle exchanges remain controversial, and the country has yet to see its first officially sanctioned safe injection site. And drug decriminalization, which has led to a dramatic reduction in heroin addiction and overdose deaths in Portugal, remains off the table here, too. But with an annual drug overdose death toll of more than 50,000 people a year, it may time to start asking how many more Americans we are willing to sacrifice on the altar of moralistic drug prohibition.

This Week's Corrupt Cops Stories

A Tennessee sheriff's head narc is under investigation for stealing stuff at a drug bust, cops in Georgia and Vermont go to prison for stealing from the evidence locker, and more. Let's get to it:

In Murfreesboro, Tennessee, a Rutherford County sheriff's lieutenant was placed under investigation Monday after being accused of stealing property seized during a drug bust. Lt. Jason Mathis, a 20-year veteran, is the head of the department's narcotics unit. He does not yet face any criminal charges, but an investigation is underway and he could be hit with a count of official misconduct. Dozens of criminal drug cases could be in jeopardy if he is charged.

In Bernice, Louisiana, a former Bernice police officer was arrested last Wednesday for unspecified misdeeds and allegedly threatening people who knew about them. Christopher Kevin Henry was fired after an investigation began in May and arrested by the narcotics unit after testing positive for methamphetamine last week.

In Burlington, Vermont, a former Royalton police officer was sentenced last Thursday to six months in prison after admitting stealing drugs from the department's evidence locker. John Breault confessed that he stole the drugs for a friend and for a woman with whom he had a relationship last year. He pleaded guilty in March to federal heroin distribution charges.

In Dalton, Georgia, a former Tunnel Hill police officer was sentenced last Thursday to five years in prison for stealing weapons and seized drug money from the police department. Scott Reneau had pleaded guilty to six counts each of theft and violation of office by a public official. Reneau went down after county officials ordered an audit into missing forfeiture money and weapons in 2016.

Medical Marijuana Update

A medical marijuana battle royale is raging in Oklahoma, New York will allow medical marijuana as an opioid replacement, and more.

Hawaii

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Ohio

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement.

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocate Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

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

Chronicle AM: MX Minister Talks Legalizing Drugs, BC Nurses in Canada Decrim Call, More... (7/18/18)

BC nurses talk drug decriminalization, a Mexican minister talks drug legalization, House Republicans on a key committee once again block House votes on marijuana amendments, and more.

Mexico's incoming government is talking about legalizing drugs. (Creative Commons)
Marijuana Policy

House Rules Committee Once Again Blocks Marijuana Reform Votes. The Rules Committee, chaired by Rep. Pete Sessions (R-TX), has once again blocked marijuana reform amendments from being voted on by the full House. On Monday night, the committee blocked votes on two amendments, bringing the total of amendments it has blocked to 36 in this session.

Arizona Federal Prosecutors Now Charging Marijuana Smugglers With Illegal Entry, Too. Federal prosecutors in Arizona have announced a policy shift in which they will now charge the hundreds of people caught each year smuggling marijuana across the border with immigration violations as well as drug charges. Under the new policy, prosecutors will now seek six-month sentences for misdemeanor illegal entry as well as six-month sentences for marijuana violations. While the sentences would run concurrently, a conviction for crossing the border illegally could be used as a sentencing enhancement in future convictions.

Medical Marijuana

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

International

British Columbia Nurses Join Call for Canada Drug Decriminalization. The BC Nurses Union said in a press release Tuesday that the federal government should declare the opioid crisis a national public health emergency and that the possession of personal amounts of opioids should be decriminalized. The move comes just days after the Toronto board of health made a similar call.

Mexico Will Consider Drug Legalization, Interior Minister Says. Interior Minister Olga Sanchez Cordero said Tuesday that that incoming President Andres Manuel Lopez Obrador (AMLO) had given her "carte blanche" to consider legalizing drugs. "On the subject of decriminalizing drugs, Andres Manuel told me, and I quote: 'Carte blanche. Whatever is necessary to restore peace in this country. Let's open up the debate,'" Sanchez Cordero said. She pointed to the bloody violence of the past decade: "What no one can deny with hard data is that, at least in the past ten years, the Mexican government has been incapable of stopping violence and responding to it with institutional mechanisms," she said.

Chronicle AM: OK Medical Marijuana Muddle, Toronto Health Board Says Decriminalize, More... (7/17/18)

The uproar in Oklahoma grows louder after the state health board messes with the medical marijuana initiative, Toronto's health board endorses drug decriminalization, and more.

A battle is brewing in Oklahoma after the state health board messes with the voter-approved medical marijuana initiative. (DPA)
Medical Marijuana

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Drug Testing

Massachusetts High Court Holds Judges Can Require Drug Users to Remain Drug-Free. The state's Supreme Judicial Court ruled Monday that a judge can require a drug user to stay drug-free as a condition of probation. The case involved Julie Eldred, who was on probation for a larceny charge when she was jailed for failing a drug test. Her attorney argued that her relapse was a symptom of her disease of addiction and that it was unconstitutional to punish someone for a medical condition. But the court disagreed: "In appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug-free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug."

International

Toronto Public Health Board Calls for Drug Decriminalization. The health board in Canada's largest city has called on the federal government to decriminalize all drugs. The board voted unanimously Monday to endorse the recommendation from the city's top health officer, Dr. Eileen de Villa. "The potential harms associated with any of these drugs is worsened when people are pushed into a position where they have to produce, obtain and consume those drugs illegally, so that's what we're trying to address," de Villa said, with a call for a "public health approach" focused on treatment and harm minimization rather police, courts and jail. Officials in Vancouver have also called for drug decriminalization, but the federal government of Prime Minister Justin Trudeau hasn't shown any appetite for it.

Chronicle AM: CA Legal Pot Draft Rules Unveiled, Opioid Crackdown Hurts Pain Patients, More... (7/16/18)

California regulators issue proposed draft regulations for the legal marijuana market, British police are "in effect" decriminalizing marijuana, the opioid crackdown is impacting chronic pain patients, and more.

Marijuana Policy

California Legal Marijuana Draft Regulations Unveiled. State regulators last Friday unveiled their much-anticipated draft of permanent regulations for the state's legal marijuana industry. Under the proposed regulations, pot shops would be able to deliver marijuana anywhere in the state, medical marijuana patients will likely be able to buy edibles more potent than currently permitted, but rules for advertising products could become more strict. The public now has 45 days to weigh in on the draft rules, either in writing or at one of 10 hearings to be held throughout the state.

Heroin and Prescription Opioids

Crackdown on Opioid Prescriptions Risks Leaving Pain Patients Out of Luck. With the country in the midst of a battle against opioid addiction and overdoses, policies to curtail the use of opioids are impacting chronic pain patients and making their lives more difficult. New prescribing guidelines from the Centers for Disease Control, new state laws, state medical board sanctions, and policy changes by managed-care and prescription plans have all contributed to what pain patients call "changes have ignored the treatment of their pain and have made it harder for many to find care."

Drug Testing

Minnesota Appeals Court Rules That People With Drug Convictions Can't Be Subjected to Drug Tests Forever to Receive Welfare Benefits. The state Court of Appeals ruled Monday that people with previous drug convictions cannot be permanently required to undergo drug testing as a condition of receiving welfare benefits. The ruling came in the case of a woman convicted of drug possession in 1997 who refused to take a drug test in 2016 and lost her benefits. Under a 1997 state law, people convicted of drug offenses are ineligible for benefits for five years after their sentences are over (unless they've completed drug treatment) and are subject to random drug tests in perpetuity. "Granting effect to the [Department of Human Services'] current interpretation of the statute would require persons receiving MSA or general-assistance benefits to undergo chemical testing indefinitely, even if decades have passed since the completion of a court-ordered sentence," Judge Roger Klaphake wrote on his opinion overturning a denial of benefits to the woman. "Those who, like appellant, have long since completed their court-ordered sentences and five-year period of ineligibility are not ''[p]ersons subject to the limitations of this subdivision' and are not required to undergo chemical testing for receipt of benefits under chapter 256D," he wrote on behalf of a divided three-judge panel.

International

Brazil Marijuana Legalization Bill Filed. The opposition Workers' /Party has filed a bill that would legalize marijuana in South America's largest and most populous country. The move comes a year after Supreme Court Justice Roberto Barroso called on lawmakers to legalize marijuana as a means of reducing gang violence. But given that the Workers' Party is the minority, this bill is unlikely to move this year.

British Police "In Effect" Decriminalizing Marijuana. British police are effectively decriminalizing marijuana by not bothering to arrest pot smokers, British arrest statistics show. Marijuana arrests have dropped 19% since 2015 and so have warnings, which declined 34% in the same period. "The fall in prosecutions and cautions for cannabis possession is a welcome trend and a victory for common sense," said Liberal Democrat MP David Lamb. "The 'war on cannabis' unfairly stigmatizes and criminalizes young people who are doing no harm to others, while tying up police resources which should be better used tackling harmful crimes. However, this issue should not be left to individual police forces. We cannot tolerate a postcode lottery where cannabis users may or may not be prosecuted depending on where they live. The government must bring forward proposals for a regulated cannabis market in the interests of public health, with strict controls on price and potency, and give parliament a free vote."

Chronicle AM: NY State Report Calls for Marijuana Legalization, DOJ Fentanyl Crackdown, More... (7/13/18)

Wine and liquor wholesalers endorse legalizing marijuana "like alcohol," a New York state report calls for marijuana legalization, Attorney General Sessions announces a crackdown on fentanyl, and more.

Jeff Sessions continues to wage last century's drug war as he tries a crackdown on fentanyl. (senate.gov)
Marijuana Policy

Wine and Liquor Wholesalers Endorses Marijuana Legalization If Regulated Like Alcohol. The Wine & Spirits Wholesalers of America (WSWA) trade group is is urging Congress to pass legislation that adopts a number of regulatory components for cannabis that are similar to those for beverage alcohol. They include a minimum purchase age of 21; driving under the influence standards; licensing for producers, processors, distributors, and retailers; policies to prevent vertical monopoly/integration; hours and days of sale in parity with alcohol; tax collection and enforcement mechanisms; labeling requirements; advertising restrictions; product tracking; restrictions on common carrier delivery; and measures to prevent diversion of cannabis to other states.

New York Governor Releases Report Recommending New York State Legalize Marijuana for Adult Use. Governor Andrew Cuomo (D) and the New York State Department of Health released an impact assessment of marijuana legalization. The report concludes that the benefits of taxing and regulating marijuana far outweigh any potential negative consequences. The study was commissioned by Governor Cuomo and announced in his address on the executive budget proposal.

Medical Marijuana

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

Heroin and Prescription Opioids

Justice Department Will Target Ten Areas in Crackdown on Fentanyl. In a move right out of last century's war on drugs playbook, Attorney General Jeff Sessions announced Thursday that he has ordered federal prosecutors in ten areas to bring federal drug dealing charges against anyone suspected of dealing fentanyl, no matter how small the quantity. An additional assistant US attorney will also be sent to each of the designated areas in New Hampshire, Ohio, Tennessee, Kentucky, West Virginia, Maine, and California.

Chronicle AM: OK Medical Marijuana Kerfuffle, UK Gov Won't Block Festival Pill Testing, More... (7/12/18)

Oklahoma voters approved a medical marijuana initiative last month, but now a new battle is brewing; the British government says it will not block pill testing at clubs and festivals, and more.

The battle over medical marjuana is just beginning in Oklahoma. (Creative Commons)
Marijuana Policy

Massachusetts US Attorney Says Enforcement of Federal Pot Laws Will Be Limited. US Attorney Andrew Lelling warned that he won't "immunize" state residents from federal law enforcement, but that he will focus on overproduction, targeted sales to minors, and organized crime. Lelling also said that fighting opioid addiction remains his highest priority.

Medical Marijuana

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement.

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocate Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

International

British Government Says It Won't Block Pill Testing at Festivals. The British government has said it "would not stand in the way" of pill testing at music festivals and clubs. Policing minister Nick Hurd said that the Home Office would defer to the judgment of local officials in allowing festivals and live music venues to allow illicit drugs to be evaluated for safety. "The fact that chief constables in Avon, Cumbria, Somerset, and Hampshire have stepped forward and said… we do want to cooperate with this, sends a strong signal."

Advocates Claim "Overdose Prevention" Bill Would Drive People Out of Treatment and Increase Overdoses [FEATURE]

A bill ostensibly aimed at reducing opioid overdoses passed the House last month, but rather than cheering it on, drug treatment and recovery advocates are lining up to block it in the Senate. That's because instead of being aimed at reducing overdoses, the bill is actually a means of removing patient privacy protections from some of the most vulnerable people with opioid problems, including people using methadone-assisted therapy to control their addictions.

The measure is now before the Senate. (Creative Commons)
And that, advocates say, is likely to increase -- not decrease -- opioid overdoses by pushing users away from drug treatment out of fear the information they reveal could be used against them. The fear is real: Unlike other medical conditions, drug addiction leaves patients open to criminal prosecution, as well as stigmatization and other negative social consequences if their status as drug treatment or maintenance patients is revealed.

This bill, H.R. 6082, the Overdose Prevention and Patient Safety Act, would remove drug treatment patients' ability to control the disclosure of information to health plans, health care providers, and other entities, leaving them with only the lesser privacy protections afforded to all patients under the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

"The confidentiality law is often the only shield between an individual in recovery and the many forms of discrimination that could irreparably damage their lives and future," said Paul Samuels, President/Director of the Legal Action Center. "Unfortunately, there is a very real danger of serious negative consequences for people whose history of substance use disorder is disclosed without their explicit consent."

The Legal Action Center is spearheading the effort to block this bill with the Campaign to Protect Patients' Privacy Rights, which counts more than a hundred organizations, including the American Association for the Treatment of Opioid Dependence, AIDS United, Community Catalyst, Faces and Voices of Recovery, Facing Addiction, Harm Reduction Coalition, National Advocates for Pregnant Women, National Alliance for Medication Assisted Recovery and the, National Council on Alcoholism and Drug Dependence.

The current patient privacy protections, known as 42 C.F.R. Part 2 ("Part 2"), were established more than 40 years ago to ensure that people with a substance use disorder are not made more vulnerable to discriminatory practices and legal consequences as a result of seeking treatment. The rules prevent treatment providers from disclosing information about a patient's substance use treatment without patient consent in most circumstances. The bill's plan to replace Part 2's confidentiality requirements with HIPAA's more relaxed standards would not sufficiently protect people seeking and receiving SUD treatment and could expose patients to great harm, the advocates charge.

"They should call this the Taking Away Protections Act," said Jocelyn Woods, head of the National Alliance for Medication-Assisted Recovery. "People will be afraid to go into treatment. I'm getting emails from people who want to leave treatment before this happens. If I were going into a program and they can't tell me my information will be safe, I would think about turning around and walking out," she said.

"Many of us would not have gone to treatment or accepted services if we thought that our information would have been shared with other entities without our permission. We would not have put our careers, reputation or families at risk of stigma and discrimination if we were not assured that information about our substance use disorder was safe and would only be shared with our consent," added Patty McCarthy Metcalf, executive director of Faces and Voices of Recovery.

The push for the bill is being led by health information software companies and behavioral health providers, such as Hazelden and the Betty Ford Center, and it prioritizes convenience over patient privacy.

"This is because the behavioral health people see complying with the privacy requirements as a pain in the ass," said Woods. "They're going to have to fix their computer systems to block out any treatment program licensed by the federal government -- not just methadone programs -- and they don't want to do that. One of the software companies, Netsmart, complained that they don't want to mess with their programming," she said.

"We need Part 2," Woods continued. "It keeps police out of the program. Without it, police can walk right in. They already sit outside methadone clinics and bust people for DUI on the way out. If this passes, they will walk right in. If the police see anyone they think has a warrant or committed a crime, they're gone."

While the bill has made its way through the House, advocates are hopeful it will stall in the Senate.

"The House pushed this through because they wanted to look like they were doing something and because the behavioral health people were pushing for it," Woods said, "but my sense is that it's moving slowly in the Senate. We have this crazy president, and there's immigration, and the congressional break, and then campaign season. My hope is we can push this past the elections and a blue wave in November will give us a fighting chance."

But the campaign isn't taking any chances and is mobilized to fight on the Hill in the next few months to block the bill. As Mark Parrino, President of the American Association for the Treatment of Opioid Dependence warned: "In the midst of the worst opioid epidemic in our nation's history, we cannot afford to have patients fearful of seeking treatment because they do not have faith that their confidentiality will be protected."

Medical Marijuana Update

Arkansas finally issued some cultivation licenses, Maine legislators override a gubernatorial veto to expand medical marijuana, Michigan adds more qualifying conditions, and more.

Arkansas

Arkansas Issues Cultivator Licenses. The state Medical Marijuana Commission has awarded cultivation licenses to five medical marijuana businesses. The move comes after an injunction blocking the move was lifted. Another 90 potential medical marijuana businesses were out of luck, but the commission will keep their applications on hand in case one of the five awarded licenses is revoked or if the commission decides to award the three additional licenses it could issue.

Maine

Maine Governor Vetoes Medical Marijuana Expansion Bill. Gov. Paul LePage last Friday vetoed a bill that would have allowed doctors to certify medical marijuana for patients for any reason, as well as revamping the caregiver system and removing some obstacles to obtaining patient cards. The bill will now go back to the legislature for a possible effort to override the veto.

Maine Lawmakers Override Governor's Veto of Medical Marijuana Expansion. The legislature has overwhelmingly overridden Gov. Paul LePage's (R) veto of a bill, L.D. 1539. allowing patients to use marijuana if a doctor deems it medically beneficial, grant six new medical dispensary licenses, permit caregivers to expand their business operations and give the state and municipalities more power to regulate them.

Michigan

Michigan Adds More Qualifying Conditions. The state on Monday added 11 medical conditions, including autism, chronic pain, Parkinson's disease and Tourette's syndrome, to the list of ailments that could qualify a person for a medical marijuana card. That brings the number of qualifying conditions to 22.

Oklahoma

Oklahoma Losers Now Want to "Fix" Medical Marijuana Initiative. Opponents of State Question 788, the medical marijuana initiative approved by voters last month, are now demanding changes in the measure. At a Monday press conference, a coalition of medical groups called for three changes to the initiative: requiring dispensaries to have pharmacists on staff, limiting the number of dispensary licenses, and banning the sale of smokable forms of weed. The state Health Department was meeting Tuesday to vote on proposed rules, but it does not appear the department is going to consider the proposals from the medical coalition.

Oklahoma Approves Emergency Rules for Medical Marijuana, Bans Sale of Smokable Medicine. The state Board of Health on Tuesday approved a proposed draft of emergency rules for the state's new medical marijuana program, but also voted to prohibit the sale of smokable marijuana at dispensaries. Licensed medical marijuana patients could still smoke it if they grew their own.

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

Chronicle AM: Oklahoma Legalization Init, New DEA Opioid Regs, Sri Lanka to Hang Drug Dealers, More... (7/11/18)

An Oklahoma marijuana legalization initiative is in the midst of signature gathering, the DEA announces new regulations aimed at the opioid crisis, Sri Lanka cites the Philippines' "success" as it moves to resume hanging drug offenders, and more.

Marijuana Policy

Oklahoma Legalization Initiative Has a Month Left to Meet Signature Requirement. A marijuana legalization initiative, State Question 797, has until August 8 to gather enough signatures to qualify for the November ballot. Organizers need 123,724 valid voter signatures to qualify, and have gathered more than 80,000 in two months of canvassing. To have a safe cushion, organizers need to roughly double their signature count in the remaining weeks.

Medical Marijuana

Arkansas Issues Cultivator Licenses. The state Medical Marijuana Commission has awarded cultivation licenses to five medical marijuana businesses. The move comes after an injunction blocking the move was lifted. Another 90 potential medical marijuana businesses were out of luck, but the commission will keep their applications on hand in case one of the five awarded licenses is revoked or if the commission decides to award the three additional licenses it could issue.

Oklahoma Approves Emergency Rules for Medical Marijuana, Bans Sale of Smokable Medicine. The state Board of Health on Tuesday approved a proposed draft of emergency rules for the state's new medical marijuana program, but also voted to prohibit the sale of smokable marijuana at dispensaries. Licensed medical marijuana patients could still smoke it if they grew their own.

Heroin and Prescription Opioids

Department of Justice Announces Regulatory Steps to Address Opioid Epidemic. The Department of Justice announced new guidelines that it says will enable the DEA to clamp down on diversion of prescription opioids. The announcement doesn't address whether patients who need the drugs for pain will still be able to get them:

 

"The Department of Justice today announced the finalization of an April proposal to improve the Drug Enforcement Administration's ability to control the diversion of dangerous drugs in the midst of the national opioid crisis. Announced in April by Attorney General Jeff Sessions, the final rule sent for publication today in the Federal Register establishes that DEA will take into consideration the extent that a drug is diverted for abuse when it sets its annual opioid production limits," the DEA said in a press release Tuesday. "If DEA believes that that a particular opioid or a particular company's opioids are being diverted for misuse, this allows DEA to reduce the amount that can be produced in a given year. These revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potentially addictive drugs while ensuring that the country has enough opioids for genuine medical, scientific, research and industrial needs."

 

International

Philippines Wants to Drug Test All High School, College Students. In what is actually a retreat from an earlier proposal to require mandatory drug testing for students as young as elementary school, the Philippines DEA is now proposing the mandatory drug testing of all high school and college students. But the move would require a change of law. Current Philippines law only allows for random -- not universal -- drug testing of students.

Sri Lanka to Begin Hanging Drug Dealers. President Maithripala Sirisena told his cabinet Wednesday he was "ready to sign the death warrants" of repeat drug offenders. "From now on, we will hang drug offenders without commuting their death sentences," he said. While the death penalty for drugs remains on the books in Sri Lanka, no one has been executed for a drug offense since 1976. The government said it would try to replicate the "success" of hardline drug policies in the Philippines.

Chronicle AM: ME MedMJ Expansion Moves Ahead, CA MJ Arrests Drop Big-Time, More... (7/10/18)

California marijuana arrests plummet post-legalization (duh!), Maine lawmakers slap down a Paul LePage veto and expand medical marijuana, Toronto's chief medical officer calls for drug decriminalization, and more.

More of these will be coming soon to Maine after legislators easily overrode a Paul LePage veto. (Creative Commons)
California Marijuana Arrests in Drop 56% Following Passage of Prop. 64, but Racial Disparities Remain. Arrests for marijuana offenses dropped precipitously following the legalization of marijuana in November 2016. Felony pot arrests dropped 75% between 2016 and 2017, while misdemeanor busts declined from 5,861 in 2016 to 3,979 in 2017. But blacks and Hispanics continued to be arrested at higher rates than whites. Blacks and Hispanics accounted for 61% of felony arrests and 59% of all misdemeanor arrests.

Medical Marijuana

Maine Lawmakers Override Governor's Veto of Medical Marijuana Expansion. The legislature has overwhelmingly overridden Gov. Paul LePage's (R) veto of a bill, L.D. 1539. allowing patients to use marijuana if a doctor deems it medically beneficial, grant six new medical dispensary licenses, permit caregivers to expand their business operations and give the state and municipalities more power to regulate them.

Oklahoma Losers Now Want to "Fix" Medical Marijuana Initiative. Opponents of State Question 788, the medical marijuana initiative approved by voters last month, are now demanding changes in the measure. At a Monday press conference, a coalition of medical groups called for three changes to the initiative: requiring dispensaries to have pharmacists on staff, limiting the number of dispensary licenses, and banning the sale of smokeable forms of weed. The state Health Department was meeting Tuesday to vote on proposed rules, but it does not appear the department is going to consider the proposals from the medical coalition.

International

Toronto's Chief Medical Officer Calls for Drug Decriminalization. Dr. Eileen de Villa, chief medical officer for the city of Toronto, has urged the city's board of health to call on the federal government to decriminalize the possession of all drugs. She is also recommending Ottawa convene a task force made up of people who use drugs, alongside experts in policy, health care, human rights, mental health and criminal justice experts "to explore options for the legal regulation of all drugs in Canada."

British Labor Party Launches Campaign for Drug Policy Reform. The party rolled out its Labor Campaign for Drug Policy Reform on Monday. The campaign will provide a forum for members to discuss British drug policy. The Tory government's current prohibitionist policy "plays into the hands of organized crime," said MP Jeff Smith, who co-chairs the all-party parliamentary group for drug policy reform. "This government's approach is lining the pockets of organized criminals while forcing taxpayers to live with the costs associated with drug abuse and preventing vulnerable users from getting the support they need. This year we've seen progressive drug policies implemented across Europe, and at a local level here in the UK, but now it's time for national leadership on this issue."

Chronicle AM: AI Adopts First-Ever Drug Plank, ND Init Hands in Signatures, More... (6/9/18)

North Dakota could see a marijuana legalization initiative on the November ballot, Amnesty International adopts a first-ever position on drug policy, Maine's governor vetoes a medical marijuana expansion bill, and more.

Marijuana Policy

Indiana Judge Rules First Church of Cannabis Can't Use Marijuana as Sacrament. In a ruling handed down last Friday, Marion County Superior Court Judge Sheryl Lynch rejected the church's argument that Indiana's Religious Freedom Restoration Act (RFRA) allows for a religious exemption from state and federal prohibitions on marijuana. "Permitting exceptions to Indiana's laws prohibiting the sale, possession and use of marijuana for religious exercise would undermine Indiana's ability to enforce anti-marijuana laws at all; anyone charged with violating those laws could simply invoke 'religious; exemption, triggering time-consuming (if not practically impossible) efforts to sort legitimate from illegitimate uses," Lynch wrote in her opinion.

North Dakota Legalization Initiative Hands in Signatures. Backers of a legalization initiative that would remove marijuana from the state's drug schedules handed in some 19,000 raw signatures last Friday, the deadline for signature gathering. The measure needs 13,500 valid voter signatures to appear on the November ballot. The signature cushion looks big enough that it could actually happen.

Medical Marijuana

Maine Governor Vetoes Medical Marijuana Expansion Bill. Gov. Paul LePage last Friday vetoed a bill that would have allowed doctors to certify medical marijuana for patients for any reason, as well as revamping the caregiver system and removing some obstacles to obtaining patient cards. The bill will now go back to the legislature for a possible effort to override the veto.

Michigan Adds More Qualifying Conditions. The state on Monday added 11 medical conditions, including autism, chronic pain, Parkinson's disease and Tourette's syndrome, to the list of ailments that could qualify a person for a medical marijuana card. That brings the number of qualifying conditions to 22.

Drug Policy

Amnesty International Adopts First-Ever Policy on Drugs. Amnesty International has adopted new proposals to tackle the devastating human rights consequences of misguided attempts by countries to criminalize and punish people for using drugs. Representatives voted to adopt what will be the organization's first-ever position on how States should address the challenges posed by drugs from a human rights perspective. The proposed policy calls for a shift away from the current "scorched-earth" approach of heavy-handed criminalization, to an approach where protection of people's health and rights are at the center.

International

Mexico's Next Interior Secretary Will Push for the Legalization of Recreational Marijuana. Incoming Interior Minister Olga Sanchez Cordero has begun to push for the legalization of recreational marijuana and possibly opium poppy cultivation. It's an early move from the Andres Manuel Lopez Obrador (AMLO) administration, which will not take power until December, to make a dramatic break from past Mexican drug war policies.

Caribbean Nations Agree to Consider Marijuana Legalization. The Caribbean Community (CARICOM) has agreed to "review marijuana's current status with a view to reclassification," noting "human and religious rights" issues stemming from criminalization as well as "the economic benefits to be derived" from legalization. The move comes after a lower-level committee recommended replacing marijuana prohibition with regulation.

Chronicle AM: Fed Judge Tired of Jailing Pot People, AI to Vote on New Drug Policy, More... (7/6/18)

There will be no marijuana legalization measure on the Arizona ballot this year, a federal judge is sick of sending probationers to jail for marijuana, Amnesty International is set to vote on a new drug policy stance, and more.

Is Philippines President Duterte using the war on drugs to assassinate political foes? Human rights watchers say yes.
Marijuana Policy

Federal Judge Says Enough Already on Punishing Marijuana Users. Brooklyn, New York, US District Court Judge Jack Weinstein said Thursday he has been too hard on marijuana users, and that's going to end. He criticized federal probation officers for demanding sentences of supervised release for people caught with small amounts of marijuana. His comments came in his ruling in a case where a 22-year-old on probation got caught with marijuana. Instead of sending him to jail, Weinstein cut short his probation sentence.

Arizona Legalization Initiative Comes Up Way Short on Signatures. A legalization initiative from Safer Arizona will not be on the November ballot after organizers missed the Thursday deadline to hand in signatures. The group needed 150,000 valid voter signatures to qualify and had planned to gather 225,000 to provide a cushion, but admitted it had only come up with 75,000 raw signatures so far.

International

Amnesty International to Vote on New Positions on Drug Policy. One of the world's leading human rights groups will be debating proposals to tackle the devastating human rights consequences of "misguided attempts" by countries to criminalize and punish people for using drugs. The proposed new policy "would call for a shift away from the current 'scorched-earth' approach of heavy-handed criminalization, to an approach where protection of people's health and rights are at the center." The question will be taken up during the group's Global Assembly later this year.

Report Calls for Coca Leaf to Be Legalized in Colombia. A new report from Open Society Foundations, "Coca Industrialization: A Path To Innovation, Development and Peace In Colombia," calls for coca to be legalized and calls on the Colombian government to guarantee small farmers protection from prosecution, support research into coca's nutritional properties, and promote the use of coca among indigenous communities.

Philippines Rights Group Say Duterte Is Assassinating Political Opponents Under Cover of Drug War. At least ten Filipino mayors have been killed since President Rodrigo Duterte took office in 2016, including two in the past week. Human rights groups said Duterte is using the drug war to crack down on political opponents. The deaths of the mayors strikes fear into the hearts of "politicians, especially in the provinces, who are then forced to toe Duterte's line," said Carlos Conde, Philippines researcher for Human Rights Watch.

Mexico's President-Elect Looks for Ways to End the Drug Wars [FEATURE]

Last Sunday, leftist politician Andres Manuel López Obrador -- often referred to with the acronymic AMLO -- won the Mexican presidency in a landslide. When he takes office in December, with his party in control of both houses of the Mexican Congress, Mexico's drug policies are likely to see some radical changes.

AMLO in front of picture of his favorite Mexican president, Benito Juarez (Creative Commons)
Just what AMLO does will have significant consequences on both sides of the border. His policies will impact how much heroin and cocaine make it to the streets of America, as well as how many Mexicans flee north to escape prohibition-related violence, and how much drug money flows back into Mexico, corrupting politicians, police, and the military.

That AMLO -- and Mexico -- want change is no surprise. A vigorous campaign against the country's powerful and violent drug trafficking organizations -- the so-called cartels -- unleashed by rightist president Felipe Calderon in 2006 brought the Mexican military into the fight, but instead of defeating the cartels, the campaign, still ongoing under President Enrique Pena Nieto, has instead led to record levels of corruption and violence.

In 2012, when both the U.S. and Mexico had presidential elections and the drug war death toll was around 15,000, Mexico's drug prohibition-related violence was big news north of the border. But in the years since then, as US attention to Mexico's drug wars wavered, it's only gotten worse. Last year, Mexico saw more than 30,000 murders, and the cumulative drug war toll in the past dozen years is more than 200,000 dead and tens of thousands of "disappeared."

But the toll runs deeper than just a count of the casualties. The relentless drug war violence and the endemic corruption of police forces, politicians, and even sectors of the military by cartels have had a deeply corrosive effect on the citizenry and its belief in the ability of the country's political institutions to address the problem.

López Obrador, the former mayor of Mexico City, campaigned heavily on the need for change, especially around drug policy, corruption, and public safety. "Abrazos, no balazos" ("hugs, not gunfights") was one of his favorite campaign slogans. AMLO campaigned cautiously, hammering away at crime, corruption, and violence and mentioning different drug policy-related changes, but not coming out with specific policy proposals. Still, from his own remarks and those of people who will be assuming key positions in his administration, we can begin to sketch an outline of what those policies may look like.

Marijuana Legalization

Mexico is one of the world's largest marijuana producers (although the local industry has been taking a hit in recent years from completion north of the border), it has decriminalized the possession of small amounts of the herb, and it has legalized medical marijuana.

AMLO's pick for interior minister, former Supreme Court official Olga Sánchez Cordero has made no secret of her plans to seek full legalization and said this week that AMLO may seek a public referendum to gauge popular support for it. "Why maintain pot prohibition when Canada and US states are legalizing it, she said. "What are we thinking? Tell me. Killing ourselves. Really, keep on killing when... North America is decriminalizing?"

Drug Legalization

The possession of personal use amounts of all drugs has been decriminalized in Mexico since 2009, but that hasn't stopped the violence. AMLO and his advisors say he is open to considering taking the next step and legalizing all drugs.

"We'll analyze everything and explore all the avenues that will let us achieve peace. I don't rule out anything, not even legalization -- nothing," AMLO told the New Yorker during the campaign.

"The war on drugs has failed," wrote Sánchez Cordero. "Nothing contributes to peace by legislating on the basis of more criminal punishment and permanent confrontation. Violence is not fought with violence, as López Obrador rightly points out."

Drug legalization would be a radical step, indeed. It probably isn't going to happen under AMLO, since that would pit Mexico not only against the US, but also against the international anti-drug treaties that serve as the legal backbone of global drug prohibition. But he is putting the idea squarely on the table.

Amnesty

As a candidate, AMLO floated the idea of amnesty for those involved in the drug trade, a notion that created huge controversy and forced his campaign to clarify that it did not mean cutting deals with bloody-handed cartel leaders or their henchmen. Instead, his campaign clarified, he was referring to peasants growing drug crops and other low-level, nonviolent workers in the illicit business.

"Kidnappers? No," said Sánchez Cordero about possible amnesty recipients. "Who? The people working in rural areas, who are criminals because they work in the illegal drug business, but haven't committed crimes such as murder or kidnapping."

Mexican soldiers have been enlisted to fight the drug war. AMLO wants them to return to the barracks. (Creative Commons)
Demilitarization and Policing Reforms

For the past 12 years, the Mexican military has been called on to fight the cartels and suppress the drug trade. But the level of violence has only increased, the military is implicated in massive human rights violations (as can only be expected when a government resorts to soldiers to do police work), and finds itself subject to the same corrupting influences that have turned state and local police forces into virtual arms of the competing cartels.

With regard to cartel violence, AMLO repeatedly said on the campaign trail that "you don't fight fire with fire" and that what was needed was not soldiers on the streets, but social and economic assistance for the country's poor and unemployed -- to give them options other than going to work for drug gangs. Just this week, AMLO announced a $5 billion package of scholarships and job training support for the young.

Still, AMLO isn't going to send the soldiers back to the barracks immediately. Instead, says one of his security advisors, his goal is to do it over the next three years. He has also proposed replacing the military presence in the drug war with a 300,000-person National Guard, composed of both military and police, a notion that has been bruited by earlier administrations as a means of effectively replacing tainted state and local police participation.

Here, AMLO is not nearly as radical as with some of his other drug policy proposals. He as much as concedes that the bloody drug wars will continue.

"I'm not overwhelmed by any of it," Eric L. Olson, an expert on Mexico and security at the Wilson Center in Washington, told the Washington Post. "It falls well within the norm for what other politicians have been saying."

The US-Mexico Relationship

Over the past couple of Mexican administrations, Mexican security agencies have cooperated closely with their U.S. counterparts in the DEA and FBI. It's not clear whether that level of cooperation will be sustained under AMLO. When he was running for president in 2012, he called for blocking US intelligence work in Mexico, but during this campaign, he insisted he wanted a strong relationship with the US on security and trade issues.

While Mexico may chafe under the continued threats and insults of President Trump, it benefits from security cooperation with the US and would like to see the US do more, especially about the flow of guns south across the border.

"We are going to ask for the cooperation of the United States" on gun trafficking, said Alfonso Durazo, one of AMLO's security advisers, repeating an ongoing refrain from Mexican politicians.

Mexico has also benefited from DEA intelligence that allowed it to kill or capture numerous cartel figures. But AMLO is a much pricklier personality than his predecessor, and between Trump's racist Mexico- and immigrant-bashing and his imposition of tariffs on Mexican exports, US-Mexico relations could be in for a bumpy few years. AMLO's moves on changing drug policies at home are also likely to sustain fire from the White House, further inflaming tensions.

"The bottom line is he's not going to fight the drug war in the way that it's been fought in the last few decades," David Shirk, a professor at the University of San Diego who is an expert on security issues in Mexico told the Post. "That is potentially a huge change."

This article was produced by Drug Reporter, a project of the Independent Media Institute.

This Week's Corrupt Cops Stories

A Paterson, New Jersey, cop gets ready to pay for going buck wild, a New Mexico state trooper uses stolen drugs to woo women (and girls), a Florida deputy gets nailed for falsely busting people for drugs, and more. Let's get to it:

In Bunker Hill, Indiana, a state prison guard was arrested last Friday after she got caught smuggling suboxone and methamphetamine into the Miami Correctional Facility. Officer Talleigha Titus went down after being tripped up by surveillance of inmate phone and payment records. She is charged with attempting to traffic, possession of methamphetamine and possession of a controlled substance.

In Farmington, New Mexico, a state trooper was arrested last Saturday for stealing drugs during arrests and giving them to women with whom he was romantically interested, including a 16-year-old girl. Officer Daniel Capehart went down after a meth user told investigators Capehart had been texting her for months and they set up a sting where he offered to split drugs with her from any bust she set up. In the case of the teen, Capehart sent numerous texts to set up deliveries of marijuana, but the teen had handed her phone over to the cops, and he was actually communicating with a San Juan County sheriff's detective. He is charged with distribution of methamphetamine and marijuana.

In Fernandina Beach, Florida, a Nassau County sheriff's deputy was arrested last Saturday for not testing drugs found in the field and making false claims that some drugs were illegal. Deputy Kyle Tholl, 38, is now a former deputy. Tholl repeatedly pulled people over for traffic violations and charged them with drug possession when the drugs were either prescribed over the counter medications. He is charged with perjury and filing a false police report. Some 30 of his drug cases have now been dropped.

In Paterson, New Jersey, a former Paterson police officer pleaded guilty last Wednesday to stealing drugs, dealing drugs from his squad car, and beating up a wheelchair-bound hospital patient. Ruben McAusland, 26, went down in April in a federal probe. He admitted in federal court to dealing heroin, cocaine, crack, and marijuana from his squad car while in uniform, as well as the unprovoked attack on the hospital patient, which he and his partner videotaped. He copped to drug possession with an intent to distribute and deprivation of civil rights under color of law. McAusland will be facing up to 50 years in prison when he gets sentenced on Oct. 9. The ex-cop must also forfeit $13,650 -- the amount of money he made on drug deals.

In Great Falls, Montana, a Fort Peck tribal police officer was sentenced last Thursday to a year and a day in prison for stealing drugs and money from the tribe's drug investigation office. Mikkel Shields, 33, had previously pleaded guilty to burglary in the case, which compromised more than two dozen drug cases. In September, he broke into the Fort Peck Tribal Law and Justice Building and used a crowbar to get into the drug investigations office, where he took opiates, methamphetamine and cash. He had been diagnosed with PTSD after serving in the military and had undergone substance abuse treatment, but relapsed in August.

Can Magic Mushrooms Treat Cocaine Dependency?

The hunt for a pharmacological agent to help people strung out on cocaine get off the marching powder has been a long one, and non-traditional types of treatments are among the possibilities being studied. Ibogaine is one pharmacological therapy being studied. Another is href="https://www.uab.edu/news/research/item/9565-study-can-taking-a-hallucinogen-curb-cocaine-use" target=_blank_>psilocybin, the chemical that puts the magic in magic mushrooms.

Scientists at the University of Alabama-Birmingham's (UAB) School of Public Health are now conducting a clinical trial to see whether psilocybin can help break cocaine addiction.

The trial currently has almost 20 people enrolled, but researchers are looking for more subjects -- people who are currently using cocaine and have a strong desire to quit.

"Our goal is to create a tool or drug that provides significantly better outcomes for individuals addicted to cocaine than those that currently exist," said Sara Lappan, Ph.D., a postdoctoral scholar in the Department of Health Behavior

In the trial, participants receive a dose of psilocybin and are monitored for six hours, about the duration of the experience. Then, the researchers track his or her cocaine use.

"Our idea is that six hours of being under the effects of psilocybin may be as productive as 10 years of traditional therapy," Lappan said.

The researchers theorize that psilocybin works on three levels: the biochemical, the psychological, and the spiritual. In terms of biochemistry, psilocybin disrupts brain receptors thought to reinforce addictive behaviors. Psychologically, the drug is believed to reduce cravings, increase motivation, and increase one's sense of self-efficacy. Spiritually -- or transcendentally -- psilocybin (along with other psychedelics) is thought to increase both a person's sense of purpose and his or her sense of universal connectedness or oneness.

"If our hypotheses are supported, this has the potential to revolutionize the fields of psychology and psychiatry in terms of how we treat addiction," Lappan said.

But don't run out and start gobbling down magic mushrooms to quit cocaine just yet, the researchers cautioned.

"We aren't advocating for everyone to go out and do it," said Peter Hendricks, Ph.D., associate professor of health behavior in the School of Public Health at UAB. "What we are saying is that this drug, like every other drug, could have appropriate use in a medical setting. We want to see whether it helps treat cocaine use disorder."

They're not the only ones looking into the secrets of psilocybin. UAB is one of a half-dozen universities studying its potential medicinal benefits. The others are Johns Hopkins University, Imperial College London, New York University, University of California-San Francisco and Yale.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Medical Marijuana Update

A powerful Senate committee calls marijuana's Schedule I status an obstacle to research, an Arizona appeals court ruling gets ignored, Oklahoma sees its first medical marijuana clinic, and more.

National

Senate Committee Slams Marijuana's Federal Classification, Saying Schedule I Blocks Research. The Senate Appropriations Committee has issued a report criticizing marijuana's continued classification as Schedule I drug, saying that the classification is a bar to research. "The Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act effectively limit the amount and type of research that can be conducted on certain Schedule 1 drugs, especially marijuana or its component chemicals and certain synthetic drugs," the committee wrote a new report called "Barriers to Research."

Arizona

Arizona Appeals Court Rules Patients Face Can Be Arrest For Hashish, Extracts. The state Court of Appeals ruled last Tuesday that medical marijuana patients can still be arrested for possessing hashish or extracts because they weren't included by name in the voter-approved medical marijuana initiative in 2010. The ruling came in the case of card-carrying patient Rodney Jones, who was caught with 0.05 ounces of hash. After spending more than a year in jail, he waived his right to a jury trial, but not his right to appeal. "If the drafters wanted to immunize the possession of hashish they should have said so," the ruling said. "We cannot conclude that Arizona voters intended to do so." Arizona Attorneys for Criminal Justice, which is supporting Jones, said the ruling will be appealed to the state Supreme Court.

Arizona Marijuana Industry Leaders Say They Will Ignore Appeals Court Ruling Barring Extracts. Last week's state appeals court ruling that because hashish and marijuana extracts were not explicitly mentioned in the state's medical marijuana law they are illegal is being met with vows to ignore it by the industry. Dispensary associations and operators say they will wait for a final ruling from the state Supreme Court before complying. That could leave them open to criminal prosecution, even though the state Department of Health Services said last Friday it is still trying to figure out what to do.

Oklahoma

Oklahoma Sees First Medical Marijuana Clinic. That didn't take long. Just hours after the polls closed last Tuesday and voters approved a medical marijuana initiative, the Tulsa Higher Care Clinic opened for business. The clinic provides doctors who will write medical marijuana recommendations, but it isn't selling any product… yet.

Oklahoma Governor Says No Special Session for Medical Marijuana. Despite saying before the June 26 election that the successful medical marijuana initiative would require a legislative special session to be implemented, Gov. Mary Fallin (R) said last Friday that she and House and Senate leaders have decided that a special session isn't necessary. Instead, the Health Department will be charged with promulgating emergency rules.

Utah

Utah Medical Marijuana Initiative Foes Seek Emergency Restraining Order to Block it from Ballot. The Coalition for a Safe and Healthy Utah, which includes the Utah Medical Association, the Eagle Forum, the Utah Police Chiefs Association and other law enforcement groups, last Friday asked US District Court Judge Clark Waddoups to issue an emergency injunction. They argued marijuana remains illegal under federal and state law. But the state attorney general's office opposes the injunction. "There is no emergency," argued Assistant Utah Attorney General David Wolf. "The election is months away, and the voters may reject the Initiative and moot the constitutional issues that, in Plaintiffs' view, justify an emergency (preliminary) injunction."

Utah Medical Marijuana Foes Drop Lawsuit Seeking to Block Initiative. Drug Safe Utah, which had sought to block the medical marijuana initiative from appearing on the November ballot, has given up on that tactic. An attorney for the group said its challenge lacked "ripeness," in that it sought to block the law before voters had a chance to vote on it. The attorney said the group may try to challenge it after it passes.

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

Chronicle AM: NJ Dems Say Legalization Happening Soon, Swiss Move to Relax Marijuana Laws, More... (7/5/18)

Democratic legislative leaders in New Hampshire and New Jersey are pushing forward on marijuana legalization, a powerful Senate committee slams marijuana's classification as a Schedule I drug, the Swiss government is moving toward pilot programs on marijuana legalization, and more.

Marijuana Policy

New Hampshire Top Senate Democrat Kicks Off Campaign to Legalize Marijuana. Senate Minority Leader Jeff Woodburn has launched an online petition campaign to pressure Gov. Chris Sununu (R) on marijuana legalization. Sununu has vowed to veto any bill that would do that, but Woodburn said, "We're in the business of listening to what the people want, and we need to get our heads out of the sand and recognize the reality that all of our neighbors are moving towards." The campaign hopes to have 10,000 signatures by October when legalization goes into effect in Canada. Once that happens, New Hampshire will be totally surrounded by states or countries that have freed the weed.

New Jersey House, Senate Democrats Say Legalization is Coming Soon. Gov. Phil Murphy promised that marijuana legalization would happen during his first 100 days in office. It didn't, but state Democratic legislative leaders now say it could happen before Labor Day. Senate President Steve Sweeney (D-Gloucester) says lawmakers are "rounding the corner" on marijuana and is predicting legislation could be passed by the end of August. "I know the speaker and I are committed to getting the marijuana bills done this summer. That's our goal," Sweeney said.

Medical Marijuana

Senate Committee Slams Marijuana's Federal Classification, Saying Schedule I Blocks Research. The Senate Appropriations Committee has issued a report criticizing marijuana's continued classification as Schedule I drug, saying that the classification is a bar to research. "The Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act effectively limit the amount and type of research that can be conducted on certain Schedule 1 drugs, especially marijuana or its component chemicals and certain synthetic drugs," the committee wrote a new report called "Barriers to Research."

Arizona Marijuana Industry Leaders Say They Will Ignore Appeals Court Ruling Barring Extracts. Last week's state appeals court ruling that because hashish and marijuana extracts were not explicitly mentioned in the state's medical marijuana law they are illegal is being met with vows to ignore it by the industry. Dispensary associations and operators say they will wait for a final ruling from the state Supreme Court before complying. That could leave them open to criminal prosecution, even though the state Department of Health Services said last Friday it is still trying to figure out what to do.

Utah Medical Marijuana Foes Drop Lawsuit Seeking to Block Initiative. Drug Safe Utah, which had sought to block the medical marijuana initiative from appearing on the November ballot, has given up on that tactic. An attorney for the group said its challenge lacked "ripeness," in that it sought to block the law before voters had a chance to vote on it. The attorney said the group may try to challenge it after it passes.

International

Switzerland Moves Toward Relaxing Marijuana Laws. The Swiss government said Wednesday it aims to institute pilot studies on ways to relax its marijuana laws. "The scientific pilot studies would be limited and restricted to specific areas," the government said. "Participant numbers would also be limited, and minors would be excluded." The government noted that some 200,000 Swiss use marijuana regularly: "Although current laws forbid its consumption and seek to punish it, this number is not declining. At the same time, the black market is flourishing, and the safety of consumers cannot be guaranteed due to a lack of quality control." Between now and October 25, a consultation on the pilot study proposal will take place.

Chronicle AM: Vermont Marijuana Legalization in Effect, Acting DEA Head Named, More... (7/2/18)

Vermont becomes the 9th legal marijuana state, the DEA gets a new acting administrator, Mexico elects a new president who has new ideas for ending drug war violence, and much, much more.

You can now legally grow your own marijuana in Vermont. (Creative Commons)
Marijuana Policy

Massachusetts Issues First Pot Shop License. The state's Cannabis Control Commission on Monday approved its first license for a retail marijuana outlet. The commission approved a license for Cultivate Holdings to open a retail shop. The shop already exists but has operated as a medical marijuana dispensary up until now.

North Dakota Could Vote on Marijuana Legalization in November. A little-noticed legalization initiative now looks like it may qualify for the November ballot. Organizers with Legalize ND say they have 16,000 raw signatures and are aiming at 20,000 before they turn them in next week. The initiative needs 13,452 valid voter signatures to qualify.

Northern Marianas Islands Legalization Bill Advances. The island US territory's House Committee on Judiciary and Governmental Operations has recommended passage of a marijuana legalization bill, Senate Bill 20-62. Now, the measure awaits a go-ahead from Speaker Ralph Demapan (R) for it to head for a House floor vote.

Vermont Marijuana Legalization Is Now in Effect. As of Monday, it is legal to grow and possess small amounts of marijuana. People 21 and over can possess up to an ounce and two mature and four immature plants. But commercial sales have not been legalized.

Medical Marijuana

Oklahoma Governor Says No Special Session for Medical Marijuana. Despite saying before the June 26 election that the successful medical marijuana initiative would require a legislative special session to be implemented, Gov. Mary Fallin (R) said last Friday that she and House and Senate leaders have decided that a special session isn't necessary. Instead, the Health Department will be charged with promulgating emergency rules.

Utah Medical Marijuana Initiative Foes Seek Emergency Restraining Order to Block it from Ballot. The Coalition for a Safe and Healthy Utah, which includes the Utah Medical Association, the Eagle Forum, the Utah Police Chiefs Association and other law enforcement groups, last Friday asked US District Court Judge Clark Waddoups to issue an emergency injunction. They argued marijuana remains illegal under federal and state law. But the state attorney general's office opposes the injunction. "There is no emergency," argued Assistant Utah Attorney General David Wolf. "The election is months away, and the voters may reject the Initiative and moot the constitutional issues that, in Plaintiffs' view, justify an emergency (preliminary) injunction."

Drug Policy

Acting DEA Head Named. The White House has named Uttam Dhillon as acting DEA administrator. Dhillon is a former career federal prosecutor who has also served in the Department of Justice, the Department of Homeland Security, and the Trump White House.

International

South Australia to Crack Down on Marijuana. Resolutely moving firmly backward, South Australia's Liberal government is moving to crack down on marijuana users as part of a larger drug war offensive. Under a proposal from Attorney-General Vickie Chapman, fines could increase from $500 to $2,000, and users could face up to two years in jail. Another member of the Liberal government, Health Minister Greg Hunt, even resurrected the hoary old "gateway drug" canard. "Marijuana is a gateway drug. The risk of graduating to ice or to heroin from extended marijuana use is real and documented," Hunt said.

Indonesia Taking Softer Line on Drugs?. The National Narcotics Agency and the UN Office on Drugs and Crime (UNODC) announced last week that the country would now push for drug users to be rehabilitated rather than imprisoned. UNODC country manager Collie F. Brown said both institutions agreed that the best way to stop the spreading of drugs is through rehabilitation of drug addicts, rather than sending them to prison. [Ed: Does that mean they're going to stop killing people?]

Luxembourg Approves Medical Marijuana. A bill legalizing medical marijuana passed the parliament on June 28. The bill specifies qualifying conditions including chronic pain, chemotherapy-related nausea and muscle spasm as a result of multiple sclerosis. The marijuana will be imported from Canada and will only be available by prescription from pharmacies located within one of four hospitals in the 98-square mile country.

Mexico Elects President Who Will Likely Try New Approaches to Drug War. Andre Manuel Lopez Obrador (AMLO) was overwhelmingly elected president of Mexico on Sunday. During the campaign, AMLO suggested a willingness to negotiate peace and even offer amnesty to some people in the drug trade. On Sunday night, he talked in the same terms. "The failed strategy of combating insecurity and violence will change," Lopez Obrador said. "More than through the use of force, we will tend to the causes that give rise to insecurity and violence," the president-elect added. He said his team will immediately begin consulting with human rights groups, religious leaders and the United Nations to develop a "plan for reconciliation and peace."

Chronicle AM: Senate Votes for Legal Hemp, State Department Pushes Aerial Coca Eradication, More... (6/29/18)

The US Senate votes to legalize hemp, the State Department gets behind Colombia's plan to reintroduce aerial fumigation of coca crops, an Arizona court rules that hash isn't medical marijuana, and more.

The Trump administration is down with dumping herbicides on the heads of these Colombian coca farmers. (DEA)
Medical Marijuana

Arizona Appeals Court Rules Patients Face Can Be Arrest For Hashish. The state Court of Appeals ruled Tuesday that medical marijuana patients can still be arrested for possessing hashish because it wasn't included by name in the voter-approved medical marijuana initiative in 2010. The ruling came in the case of card-carrying patient Rodney Jones, who was caught with 0.05 ounces of hash. After spending more than a year in jail, he waived his right to a jury trial, but not his right to appeal. "If the drafters wanted to immunize the possession of hashish they should have said so," the ruling said. "We cannot conclude that Arizona voters intended to do so." Arizona Attorneys for Criminal Justice, which is supporting Jones, said the ruling will be appealed to the state Supreme Court.

Oklahoma Sees First Medical Marijuana Clinic. That didn't take long. Just hours after the polls closed Tuesday and voters approved a medical marijuana initiative, the Tulsa Higher Care Clinic opened for business. The clinic provides doctors who will write medical marijuana recommendations, but it isn't selling any product… yet.

Hemp

US Senate Votes to Legalize Hemp. The Senate passed the omnibus Farm Bill Thursday, and that bill includes an amendment from Senate Majority Leader Mitch McConnell (R-KY) that legalizes the cultivation, processing, and sale of hemp. For years, the DEA has refused to recognize hemp as distinct from marijuana, but that distinction will be enshrined in law if the bill is signed into law. "Consumers across America buy hundreds of millions in retail products every year that contain hemp," McConnell said in a floor speech on Thursday. "But due to outdated federal regulations that do not sufficiently distinguish this industrial crop from its illicit cousin, American farmers have been mostly unable to meet that demand themselves. It's left consumers with little choice but to buy imported hemp products from foreign-produced hemp."

Asset Forfeiture

Idaho Civil Asset Forfeiture Reforms Go into Effect on Sunday. Reforms passed by the legislature and signed into law earlier this year go into effect on Sunday. The new law doesn't end civil asset forfeiture but does ban the seizure of vehicles for simple drug possession, requires that a connection is shown between seized property and a crime, and states that simple possession of a large amount of cash isn't grounds for it to be seized. The bill also requires for the first time statewide reporting of civil forfeitures and includes a provision allowing people accused of crimes to retain their property until found guilty.>

Foreign Policy

State Department Supports Resumption of Aerial Coca Eradication in Colombia. The US State Department Thursday expressed its support for resuming aerial coca spraying in Colombia. "The United States believes that all tools must be used to reverse the sharp increase in cocaine production," a department spokesperson said. Aerial fumigation was banned in 2015 because of environmental damage and health concerns for residents of areas being sprayed. Colombia produced a record amount of cocaine last year.

Chronicle AM: Schumer Files MJ Decriminalization Bill, Canada Releases Legal MJ Regs, More... (6/28/18)

Chuck Schumer files a federal marijuana decriminalization bill, a Delaware legalization bill wins a majority but not the needed supermajority, Health Canada releases legal marijuana regulations, and more.

Senate Minority Leader Chuck Schumer (D-NY) files a bill to federally decriminalize marijuana. (Flickr/DonkeyHotay)
Marijuana Policy

Senate Democratic Leader Introduces Bill to Decriminalize Marijuana at the Federal Level. Sen. Chuck Schumer (D-NY) on Wednesday introduced legislation that would decriminalize and de-schedule marijuana at the federal level by removing it from the Controlled Substances Act. The bill would also take some initial steps toward reducing the decades-long damage of marijuana criminalization. One provision would provide $20 million annually for state and local programs to expunge or seal the criminal records of people convicted of marijuana possession. It also creates a small business trust fund at the federal level (based on a fraction of the money generated by the marijuana industry) to give loans to small businesses owned by women and socially and economically disadvantaged individuals.

Arizona Poll Has Narrow Majority for Legalization. A new Emerson College poll of Arizona voters has support for marijuana legalization at 53%, with 39% opposed. The poll noted that the group most split on the issue was Hispanic voters, with 45% in support and 44% opposed.

Majority of Delaware Lawmakers Approve Marijuana Legalization Bill, But It Fails. A bill that would legalize marijuana, House Bill 110, won a majority of votes in the House on Wednesday, but failed to advance because it needed the votes of at least 60% of representatives, and fell four votes short. The bill needed a supermajority because it contained provisions dealing with taxes and fees.

Las Vegas Will Try Again to Legalize Marijuana Lounges. The city of Las Vegas is again looking at ways of allowing social use venues for marijuana. The city held a public workshop Wednesday to discuss a draft ordinance to allow for such public use. Officials said the earliest the city council might vote on the issue is about three months from now.

International

Health Canada Rolls Out Legal Marijuana Regulations. Health Canada has released some 400 pages of regulations for the country's about-to-emerge legal marijuana industry. Among the highlights, criminal records won't necessarily bar employment in the industry; there will be subclasses of licenses for micro, standard, and nursery cultivation; pre-rolled joints will be limited to one gram of weed; and strict branding and packaging regulations.

Drug War Issues

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