Drug War Chronicle #1004 - January 4, 2018

Memo: The Bad News We've Been Fearing Is Here

Dear Reformer:

The bad news we've been afraid of since November 2016 is here: The Trump administration, according to an Associated Press report this morning, is rescinding the Obama administration's Cole Memo, which protected marijuana legalization and allowed it to proceed.

Assuming the report is accurate, the move is the latest in a serious of disastrous assaults by the administration on areas of strong concern to drug policy reformers. As I noted in a series of fundraising emails late last year, from prosecutions to asset forfeiture to sentencing to human rights, the president and the attorney general have been pushing to ramp up the drug war.

And, as those emails noted, even medical marijuana is under threat now too after we thought we were past that. In that case it's regressive Republican committee chairs in the House of Representatives who brought that about, despite the bipartisan support there is now for medical marijuana. The president has notionally supported medical marijuana, but his attorney general asked members of Congress to undo the limited protection medical marijuana has in federal law the last few years, and some of them listened.

I am not writing today to say that all is lost -- I don't believe that all is close to being lost. We don't know yet how the new policy will play out, and reportedly it's written in a way that will leave much of the decision-making to individual US Attorneys. We have to be pessimistic about Trump US Attorney appointments, which are moving faster now, but we'll see. It's possible that federal prosecutors in marijuana legalization states will argue for a pragmatic continuation of something similar to the Cole memo, and it's possible they'll get their way. It's also possible that these officials, who tend to have higher political ambitions, will consider the polling showing massive national support for legalization, including majority Republican support.

Still, we clearly are in a time of significant threat, to the progress of marijuana legalization, and to the people implementing it on the ground. There is a significant chance that there will be federal raids on state-legal marijuana providers. It might be a few here and there to whoever was the most careless or is just the least lucky. It could be our friends who are the most politically active supporting legalization. It could be one or a few of the big players, enough to send a message in the media. Or it could be a lower profile series of measures like asset forfeiture actions and threat letters to landlords or other partners in the businesses.

Having just gotten the news this morning, I can't tell you precisely what our strategy will be yet, but a few things are clear. One, we will be supporting the Marijuana Justice Act of 2017, sponsored by Sen. Cory Booker (D-NJ). Two, we will be working to preserve the still current language in the federal budget that forbids the Dept. of Justice from spending money to undermine state medical marijuana laws. Pending discussions with colleagues, we tentatively will seek the expansions of that language to include state marijuana legalization systems. We will be supporting other federal legislation that would help things.

Because we're a broad issue organization not solely devoted to US marijuana policy, we will also be continuing our efforts to stop the Philippines drug war killings and to reform UN drug policy, and our other programs.

Two final notes for today: First, while I didn't intend to ask for money again so soon in the year, this news means we have to. We particularly need non-deductible contributions 501(c)(4) nonprofit, Drug Reform Coordination Network, which is responsible for the bulk of our US legislative work -- work that needs to be ramped up.

We also use non-deductible contributions to fully cover the cost of our web server and our email blast system, about $1,400 a month. The reason is to protect our ability to do reporting on candidates for office, after an IRS ruling a few years ago on web sites shared by an organization's 501(c)(3) and 501(c)(4) entities. 2018 is an important election year, and we need to continue covering these costs that way.

If you haven't already, I hope you'll consider signing up for a recurring donation to sustain StoptheDrugWar.org into the future. Our online donation forms support a range of different options, including monthly but also on different schedules ranging from every two weeks to annually. Of course one-time donations are greatly appreciated as well. We accept donations online by credit card and PayPal -- starting later today or tomorrow, we'll also have ACH that you can use with your checking account. Thank you to those of you who have donated recently.

The second is, I'm going to note that while most drug reformers are not fans of the current White House, there are some who are. We respect the diversity of opinions found in the drug policy reform movement on the larger political questions of our time. Realistically, however, we see the current administration as being strongly opposed to our movement's objectives, at least much of the time, and our movement therefore as resisting the administration's efforts.

We hope that our readers will support us in our opposition to the Trump administration. We are not interested in obstructionism for its own sake, however; if the administration takes positive steps on our issues, we'll acknowledge those too.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
P.O. Box 9853, Washington, DC 20016
https://stopthedrugwar.org

(This article was prepared by StoptheDrugWar.org's 501(c)(4) nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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Chronicle AM: Trump Administration Wants Expanded Unemployment Drug Testing, More... (1/3/18)

The Trump Labor Department is moving to expand drug testing of people seeking unemployment benefits, Bangladeshi officials calls for drug addicts to be shot on sight, and more.

Marijuana Policy

Delaware Legalization Bill to Be Rewritten to Gain Passage, Sponsor Says. State Rep. Helene Keeley (D-South Wilmington), a lead sponsor of the legalization bill, House Bill 110, said Wednesday that the bill is being rewritten in a bid to ensure passage. Her comments came after the final meeting of Adult Use Cannabis Task Force, which has been studying how to tax and regulate marijuana in the state. The task force's final report, which could bolster Keeley's efforts, is due out at the end of February.

Medical Marijuana

Indiana Medical Marijuana Bill Filed. Rep. Jim Lucas (R-Seymour) has filed a medical marijuana bill, House Bill 1106, which would create a full-fledged medical marijuana program in the state. The bill is not yet available on the legislative web site.

Drug Testing

Trump Administration Looks to Expand Unemployment Drug Testing. The Labor Department has indicated it wants to widen the number of occupations that can drug test for unemployment. A 2016 Obama era rule limited testing to certain types of occupations, such as public transit drivers, pilots, and professions that require the use of firearms, but the Labor Department wants to redefine and expand the range of occupations for testing.

International

Bangladesh Minister Says Drug Addicts Should Be Shot on Sight. Bangladeshi Primary and Mass Education Minister Mostafizur Rahman has taken a page from the book of Philippines President Rodrigo Duterte and called for the killing of drug users. He also compared drug use to terrorism and claimed it was worse: "Some people say that drug abuse may be far worse a problem than militancy. They are right -- drug abuse is more menacing than militancy, because militancy can be eradicated one day. If I were the home minister, I would have eliminated drug addiction, and the only way to do it is to adopt the 'shoot at sight' policy against drug addicts," he said while addressing the 28th founding anniversary program of the Department of Narcotics Control at Tejgaon area in Dhaka on Tuesday. He added that such a policy would only be necessary in a handful of localities, which would serve as an example.

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Happy New Year! Legal Adult Marijuana Sales in the World's Largest Pot Market Start Monday [FEATURE]

The world's largest legal marijuana economy gets underway on January 1, as California's voter-approved law legalizing recreational marijuana commerce goes into effect. It's been legal to possess and grow small amounts of weed since shortly after votes passed Prop 64 in November 2016, but as of New Year's Day, we see the unleashing of what is expected to be a $7 billion a year state cannabis industry.

But in a state of 39 million, only a few dozen shops are expected to be open for business on day one, and major cities such as Los Angeles and San Francisco won't be among them. That's because sellers have to have both a local permit and a state license, and few localities have completed their permitting procedures. San Francisco is among those  but it's still not quite going to be ready on day one. Expect recreational marijuana sales to begin there within a matter of days, though.

"It is going to take a while to get these businesses up and running," said Lori Ajax, who runs the California Bureau of Cannabis Control. "We're asking people to be patient."

Among the major cities that will have recreational pot shops open on day one are Berkeley, Oakland, San Diego, and San Jose. This interactive map charts all of the approximately 40 shops that will be open on January 1.

According to the Bureau of Cannabis Control, San Diego and San Jose will have the most stores open, with seven each, while two will be open in Berkeley and one in Oakland. Other pot shops open on January 1 are scattered across the state, from Mt. Shasta, Shasta Lake, Eureka, and Ukiah in the north, down to Santa Cruz on the coast, Palm Springs in the Southern California interior, and Woodlake, the only shop open in the entire Central Valley.

Medical marijuana dispensaries that have not applied for and received licenses for recreational marijuana sales will remain limited to serving customers with patient IDs.

While January 1 marks the beginning of the era of recreational marijuana sales, that doesn't mean California is turning into the Wild West of weed. The state has a reputation for being highly regulated, and that's no different when it comes to marijuana. Here are some of the things you can't do with legal marijuana in the Golden State:

• You can't purchase or possess more than an ounce, unless it's from your personal grow.
• You can't smoke it in public in most places, including bars and restaurants. Anywhere cigarette smoking is prohibited, pot smoking is prohibited. And if you're a renter, your landlord can ban pot smoking on the premises.
• You can't get stoned while driving. Getting caught toking up behind the wheel will get you a $75 ticket, but if the cops think you are too high, you could also end up getting busted for driving under the influence, and that's a whole lot more than a $75 ticket.
• You can't use marijuana's state-legal status to prevent your employer for firing you for smoking pot, even off the job.

People purchasing legal recreational marijuana will be contributing mightily to the state's coffers. In addition to the state sales tax of 8% and any local sales taxes -- some localities plan sales taxes of up to 10% -- a 15% excise tax on wholesale purchases by retailers will be passed on to consumers. This could end up putting a billion dollars a year in the state and local treasuries.

It could also make the state's existing black market more attractive to consumers. If Californians accustomed to buying their weed in the informal sector are faced with higher prices in shops than they can get from the guy down the street, they might just stay with the guy down the street.

And product shortages could also drive up prices, at least in the short run. While the state produces massive amounts of marijuana -- an estimated 13.5 million pounds each year -- up to 80% of that is destined for the black market, either for export to prohibitionist states or sold informally in-state. With permitting and licensing of producers for the legal recreational market at a very early stage, supply bottlenecks are likely to develop, leading to empty shelves, as they did in Nevada in 2017.

Still, California is now entering a Brave New World of legal marijuana. And with the nation's most populous state embracing legalization, there is probably no going back, regardless of what Washington thinks.

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One Day Left to Make a Tax-Deductible (or other) Donation in 2017!

Dear Reformer,

There's just one day left to make a tax-deductible (or other) donation in 2017. If you're doing more giving this year, would you include us among the organizations you support?

Your tax-deductible donation for our programs, or your non-deductible donation for our specifically US legislative work, will help us take on the challenges drug policy and reformers face today:

• Hardliners in Washington taking negative steps in areas from prosecutions to asset forfeiture to sentencing to human rights.
• A bloody mass killing campaign in the Philippines drug war, spreading now in the region as we feared.
• Even medical marijuana under threat when we thought we were past that.

Thanks to contributions from our members, StoptheDrugWar.org has fought this fight for 24 years. Please visit our updated About page, our expanded Reform Global Drug Policy page and our just-published Philippines page to learn about the unique role we play in drug policy.

Click here for Issue 1,000 of our Drug War Chronicle newsletter, including Phil Smith's Biggest Domestic Drug Policy Stories and Biggest International Drug Policy Stories of the Past Twenty Years.

The challenges we're facing today are more urgent than ever, and we need your support to meet those challenges. We need to press supportive members of Congress to stand up, and our opponents to back down. We need to spotlight the administration's actions in the media. And we need to press our case in Washington, in the states and at the UN. Will you donate to StoptheDrugWar.org today to help?

Visit https://stopthedrugwar.org/donate to give by credit card or PayPal. If you want to donate by mail, send your check or money order to P.O. Box 9853, Washington, DC 20016. Tax-deductible donations should be made payable to DRCNet Foundation, our 501(c)(3) nonprofit; or non-deductible donations should be payable to Drug Reform Coordination Network, our 501(c)(4) lobbying nonprofit. Visit https://stopthedrugwar.org/about to read more about our programs, for info on how to donate stocks, and for other info.

We couldn't have done this without you, and we need your support to continue it in 2018. I hope you'll take a moment to renew your support or become a new member of our organization at this dangerous and critical, but still promising time in the issue.

Thank you for your support!

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
P.O. Box 9853, Washington, DC 20016
http://stopthedrugwar.org

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Medical Marijuana Update

Medical marijuana is on the agenda in the Indiana legislature, the Florida fight over producer licenses continues, and more.

Florida

Last Thursday, a judge halted the medical marijuana license to a black farmer. A Tallahassee judge has ordered state officials to halt the issuance of a medical marijuana license to a black farmer, one of ten licenses set aside for growers who were members of the Black Farmers and Agriculturalists Association-Florida Chapter. The black farmers had successfully argued that the state's law had squeezed them out, so the legislature approved a bill that guaranteed them a piece of the action. But another black farmer, who was not a member of the group, sued, and now the judge has ruled that the arrangement violates the state's ban on laws that grant special privileges to private corporations.

Indiana

Last Wednesday, a CBD for all bill was filed. Sen. Jim Tomes (R-Wadesville) filed Senate Bill 214 on Wednesday. The bill would legalize the sale and possession of CBD oil in the state. The bill accomplishes this by removing CBD from the state's list of controlled substances. The bill is not yet available on the legislative web site.

On Wednesday, a full-fledged medical marijuana bill was filed. Rep. Jim Lucas (R-Seymour) has filed a medical marijuana bill, House Bill 1106, which would create a full-fledged medical marijuana program in the state. The bill is not yet available on the legislative web site.

Pennsylvania

Last Wednesday, the state reported more than 10,000 people have registered as patients. Some 10,135 people have registered to participate in the state's emerging medical marijuana program, the state Department of Health reported. Twelve grower/processors have been approved to supply the patients; eight of them have already begun operations.

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

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Chronicle AM: Underground Safe Injection Site Study, ME Legal Marijuana Fight, More... (12/28/17)

Maine lawmakers seek agreement on legal marijuana policy with the governor, a new study of an underground safe injection site finds benefits, Pennsylvania medical marijuana patient numbers now exceed 10,000, and more.

Marijuana Policy

Maine Lawmakers to Meet With Governor Friday on Marijuana Issues. Key legislators will meet tomorrow with Gov. Paul LePage (R) in a bid to reach agreement on a bill that would regulate the state's legal marijuana markets. LePage and Republicans are wary of having a portion of marijuana sales tax revenues earmarked for localities that host retail marijuana stores, saying that could encourage communities to allow such stores. There are also disagreements over how taxes should be structured. The bill under discussion is L.D. 1719.

Medical Marijuana

Pennsylvania Sees More Than 10,000 Register as Medical Marijuana Patients. Some 10,135 people have registered to participate in the state's emerging medical marijuana program, the state Department of Health reported Wednesday. Twelve grower/processors have been approved to supply the patients; eight of them have already begun operations.

Harm Reduction

Study of Undergound Safe Injection Site Finds Benefits. A study of an underground safe injection site operating somewhere in the US has found that word spread rapidly among injection drug users about the site, about 80% of people using the facility were homeless, and 90% said if not for the site, they would have been shooting up in a public space. Users of the unauthorized site also said they felt safer, less rushed and less stigmatized, and reported better health outcomes and better hygiene and disposal practices. The study was led by San Francisco-based epidemiologist Alex Kral and will appear in the March issue of the International Journal of Drug Policy.

Indonesian Cops Killed 79 Drug Suspects This Year, Arrested More Than Half a Million. The National Drug Agency reported Wednesday that police shot and killed 79 suspected drug dealers in 2017. The agency also reported more than 500,000 drug arrests and more than 58,000 arrests for drug dealing. "We shot 79 even though we arrested 58,000. We have enough ammunition for 58,000, it's just that they still have some good luck," BNN chief Budi Waseso told reporters. "We actually hoped that they would resist, so we could shoot them," he joked. "But most of them immediately surrendered when we conducted the raids."

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Chronicle AM: CA Legal Marijuana Sales Begin Monday, Reps Ask FDA to Rethink Kratom, More... (12/29/17)

The world's largest legal marijuana market is about to open for business, a New Hampshire legalization bill should get a vote next Wednesday, federal representatives ask the FDA to back away from its public health warning on kratom, and more.

Marijuana Policy

California Legal Recreational Marijuana Sales Begin Monday. As of 6:00am January 1, the sale of marijuana to adults 21 and over is legal. But because of permitting and licensing requirements, fewer than four dozen pot shops will be open for business on day one of the new era. Cities that will see legal sales on Monday include Berkeley, Oakland, San Diego, and San Jose. Neither Los Angeles nor San Francisco will be ready on day one, but should have shops open within days.

New Hampshire House to Vote on Legalization Bill Wednesday. The House is expected to take up a legalization bill, House Bill 656, on Wednesday. Earlier the House Criminal Justice and Public Safety Committee recommended against the bill's passage, but the House isn't bound by that recommendation. The bill is set to see an amendment that should help its passage: The proposed change would remove language on taxation and regulation of sales and simply allow adults to grow and possess small amounts of marijuana.

Medical Marijuana

Florida Judge Halts License to Black Farmer. A Tallahassee judge has ordered state officials to halt the issuance of a medical marijuana license to a black farmer, one of ten licenses set aside for growers who were members of the Black Farmers and Agriculturalists Association-Florida Chapter. The black farmers had successfully argued that the state's law had squeezed them out, so the legislature approved a bill that guaranteed them a piece of the action. But another black farmer, who was not a member of the group, sued, and now the judge has ruled that the arrangement violates the state's ban on laws that grant special privileges to private corporations.

Indiana CBD for All Bill Filed. Sen. Jim Tomes (R-Wadesville) filed Senate Bill 214 on Wednesday. The bill would legalize the sale and possession of CBD oil in the state. The bill accomplishes this by removing CBD from the state's list of controlled substances. The bill is not yet available on the legislative website.

Kratom

Lawmakers Ask FDA to Lift Public Health Warning on Kratom. Rep. Jared Polis (D-CO) and 17 other lawmakers have asked the Food & Drug Administration to lift its public health warning on kratom, which he called "a natural alternative to opioids." The letter says: "The beneficial potential, safety, and efficacy of kratom has been discussed, studied, clinically researched and found to be as safe as coffee. We have heard from many constituents who have used kratom to successfully end their dependence on dangerous opioids, and maintaining legal access to kratom is important for many Americans to maintain sobriety."

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Chronicle AM: CA Now a Land of Legal Marijuana Sales, VT to Take Up Legalization Again, More... (1/2/18)

California begins the era of legal adult marijuana sales, Maine lawmakers work to get a legalization implementation bill passed, Vermont lawmakers prepare to move on a pending legalization bill, and more.

Marijuana Policy

California Legal Adult Marijuana Sales Begin. The nation's most populous state ushered in the era of legal, non-medicinal marijuana sales on Monday, with some 88 stores scattered across the state licensed, permitted, and open for business on day one. At Harborside in Oakland, hundreds of people lined up to be the first to buy legal weed. At Solful in Sebastopol, long lines of customers waited patiently for their chance to make a historic purchase. Similar scenes were reported around the state in localities where shops were open.

Maine Public Hearing on Marijuana Legalization Set for Friday. The legislature's Marijuana Legalization Implementation Committee will hold a hearing Friday to seek public input, committee chair Teresa Pierce (D-Falmouth) announced Tuesday. The hearing comes as legislators attempt to craft a legalization implementation bill that Tea Party Gov. Paul LePage (R) will not veto, as he did with the bill last year.

Vermont Lawmakers Will Resume Marijuana Legalization Effort This Week. Legislators are expected to take up the revised marijuana legalization bill, Senate Bill 22, passed by the Senate last year, but not taken up by the House during the one-day veto session last year. Gov. Phil Scott (R) had vetoed the bill earlier, but lawmakers made changes designed to assuage him, and now it's only a House vote away from passage. The bill would legalize the possession and cultivation of small amounts of pot, but not allow retail sales.

Heroin and Prescription Opioids

Georgia Prescription Drug Monitoring Law Goes into Effect. Under a measure passed last year, House Bill 249, anyone writing prescriptions in the state must now participate in the state's Prescription Drug Monitoring Program. Before the law went into effect Monday, only about 10% of the state's doctors were participating. Doctors who fail to sign up to the program or fail to maintain records could be subject to penalties up to losing their medical licenses.

Asset Forfeiture

Hawaii Asset Forfeiture Reform Delayed By Lack of Audit of Police Seizures. In 2016, the legislature passed a bill that lead to an audit of police seizures as a preamble to reforming the state's asset forfeiture laws. That audit was supposed to be done before last year's legislative session, but that didn't happen. But a shakeup in the State Auditor's Office combined with turnover and other internal policy changes have delayed the release of the asset forfeiture analysis, which could cause delays in passing significant reform. Rep. Joy Buenaventura (D-Honolulu), who authored the original bill, said she plans to refile the bill in hopes of lighting a fire under the auditor's office.

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