Sentencing reform legislation is moving in the California Senate, and a new poll of Latino voter attitudes in the state suggests one reason why.
It looks like Colombia and the FARC guerrillas have come to an agreement on the drug policy segment of their long-running peace talks. But it's not clear just what the agreement is yet.
California battles over dispensaries and cultivation rules continue, medical marijuana bills move in Illinois, Minnesota, New York, and South Carolina, and more.
Jail guards break bad in Mississippi and Delaware, a Missouri cop gets in trouble for protecting his snitch, and a Georgia cop gets ready to go to prison for protecting a pill mill.
An evangelical pollster has support for marijuana legalization at 58% (but not among Christians), the Senate Minority Leader takes on the DEA over hemp, a California defelonization sentencing initiative hands in signatures, we have a fascinating look at meth culture in Tehran, and more.
The DEA is in the hot seat, it looks like Minnesota will be the next medical marijuana state (but they won't be able to smoke it), California could actually get around to regulating its dispensary system, California voters will vote on whether to drug test doctors (!), the Russians are snarking about Afghanistan, and more.
The feds will still arrest you for pot possession on their property in DC even though the city has decriminalized, Chicago cops will still arrest you for pot possession even though they could just give you a ticket, decrim initiatives are coming to Kansas cities, Minnesota becomes the 22nd medical marijuana state, Mexico doesn't want to legalize it, and more.
The organized opposition in Alaska gets a donation, medical marijuana is finally moving in the New York Senate, the Fair Sentencing Act picks up another sponsor, there's more violence in Mexico, and more meth in Asia, and more.
Marijuana, marijuana, marijuana. Sometimes it seems like it's sucking all of the air out of the room in drug policy. But there are a lot of other things going on, too. Plus, Michele Leonhart finds a friend, Dana Rohrabacher talks legalization, and Virginia cops are raking in the asset forfeiture cash.
A bill that would significantly reform California's drug sentencing laws is poised for approval in the state Senate, and a new poll showing strong support for sentencing reform among Latino voters could help push it over the top.
California's prisons are still overcrowded. (supremecourt.gov)
, the Fair Sentencing Act, would equalize the penalties for sale of crack and powder cocaine. Under current California law, crack offenses are treated more harshly than powder cocaine offenses. The bill would also equalize probation requirements and asset forfeiture rules for offenses involving the two forms of the same drug.
Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill passed the Senate Public Safety Committee last month and the Senate Appropriations Committee last week. It now heads for the Senate floor. It needs to pass in its chamber of origin this month or it dies.
The bill is supported by dozens of community, religious, civil liberty, civil rights, drug reform, and other groups. It is opposed by the California Narcotics Officers Association and the California Police Chiefs Association.
Among Latino groups supporting the bill are the National Council of La Raza, the Coalition for Humane Immigrant Rights, Homies Unidos, the Latino Voters League, the Mexican American Legal Defense and Education Fund (MALDEF), and Presente.
The poll results released today by Latino Decisions help explain why these groups are supporting sentencing reform efforts and may even encourage them to redouble their efforts. They show strong support for sentencing reform among California's Latino electorate. The poll only sampled registered voters.
When asked if the state should minimize penalties for drug possession, but continue to hold drug sellers accountable, a whopping 69% said yes. The lowest level of support among any Hispanic demographic was 59% among 40-to-59-year-olds.
When asked if racial disparities in law enforcement were a serious or very serious problem, an even more overwhelming 82% said yes. Even among Latino Republicans, the demographic least likely to be concerned, the figure was at 57%.
A third question asked whether respondents favored penalties for personal drug possession of drug treatment, case by case referrals, or zero tolerance. Again Latino voters overwhelmingly supported treatment or case by case (79% combined) over zero tolerance (16%).
"We're very excited to see the results of this poll," said Arturo Carmona, executive director of Presente, during a teleconference announcing and analyzing the results. "It's very clear that the poll findings reaffirm that Latinos want drug sentencing reform and a fix to our broken justice system. If politicians want to mobilize the Latino vote, they need to support these issues. Over the coming weeks and months, Latinos and allied groups will be working to support common sense reforms like this bill."
That only makes sense, Carmona said.
another drug arrest in California. (wikimedia.org)
"These issues are having a significant impact on our society, our state, and increasingly, the Latino community," he argued. "The US imprisons more people than any nation in the world, mostly due to the war on drugs, and blacks and Latinos are far more likely to be criminalized than whites. When you add in the federal detention center population, Latinos now make up the largest federal prison population in the country."
Dr. Adrian Pantoja, a senior analyst with Latino Decisions, emphasized that the poll was of registered Latino voters.
"These are folks who are part of the political process," he said. "These are the Latinos who will be voting and helping to shape our politics. And among them, we have a rejection of war on drugs strategies and incarceration, with large majorities across the board supporting sentencing reform for drug possession and use."
"It's evident that the Latino community is in a state of crisis," said Armando Gudino, a policy associate with the Drug Policy Alliance. "This is the community most disproportionately impacted by the war on drugs and unprecedented levels of incarceration. Latinos are fully aware of this, and we've begun to shift toward more responsible policies seeking to remove or reduce criminal penalties."
The poll demonstrates that attitudes are changing in the Hispanic community, Gudino said.
"Latinos have traditionally been deemed a conservative group, but we see shifting attitudes, and we could well see support we haven't seen in the past," he noted. "The older generation is more conservative, but the community isn't homogenous, and the same can't be said about other groups within the community, who have already shifted toward favoring issues like decriminalization, medical marijuana, and the efforts around taxing and regulating marijuana. This poll demonstrates that the Latino community is increasingly involved, informed, and willing to make changes."
"Latinos are now a majority in California, we have a seat at the table, and it's critical we're part of this conversation," said Mike De La Rocha, director of strategic partnerships for Californians for Safety and Justice. "Latinos are poised to have a voice in how we address crime and public safety. We understand our approach to crime isn't working, and we're finding our voice in these criminal justice debates."
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The Colombian government and the Marxist guerrillas of the FARC have reportedly reached an agreement on how to deal with drug issues, the third item in a five-part agenda for peace talks that have ongoing in Havana since 2012.
Both
Reuters and
Business Week reported Friday afternoon that an agreement had been reached. Both cited Colombian government officials who spoke anonymously because the agreement hasn't been made public yet. And neither have the details.
[Update: The FARC and the Colombian government have now released a joint communique outlining the areas of agreement. They include programs for crop substitution, the end of aerial eradication--although the government maintains the ability to undertake it in extreme circumstances--a national drug use prevention education program, a national drug rehabilitation program, and Colombia challenging current drug control policies in international forums like the United Nations.]
The FARC has been at war with the Colombian state for half a century. Flush with profits from the coca and cocaine trade, it surged in the 1990s, but was beaten back by a vicious counterinsurgency led by the government of former President Alvaro Uribe and backed by billions of dollars in US anti-drug, and later, anti-terrorism assistance. Also aligned with the Colombian state were rightist paramilitary organizations involved in the drug traffic.
The government of President Juan Santos has attempted to end the seemingly perpetual conflict by engaging in the peace talks. Santos is up for reelection later this month against a hard-line Uribe ally, Oscar Ivan Zuluaga, whose position is that the FARC must agree to lay down its weapons before engaging in peace talks. This apparent progress in the slow-moving talks could help Santos when voters go to the polls on May 25.
While the FARC has refused a cease-fire while talks are ongoing, on Friday it also announced that it would temporarily cease operations in the days just before and after the election.
The FARC had entered this phase of the negotiations with a 10-point program on the drug issue, including special protections for coca producers, alternative development programs, development of licit uses for coca, poppy, and marijuana crops, an end to aerial fumigation of drug crops, and an to militarized drug law enforcement, decriminalization of drug producers, workers, and consumers, and recognition of problematic drug use as a public health, not a criminal justice problem.
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California battles over dispensaries and cultivation rules continue, medical marijuana bills move in Illinois, Minnesota, New York, and South Carolina, and more. Let's get to it:
CaliforniaLast Friday, a Shasta County official filed a lawsuit to block an initiative that seeks to take changes in the county's medical marijuana program to voters in the fall. County Counsel Rubin Cruise Jr. filed a complaint against petitioner Tamara Kelly saying part of her proposal violated state law because it called for a tax that only county commissioners can impose. The initiative would have medical marijuana growers pay the county a tax on donations they receive from patients and would also create basic regulations for marijuana gardens on properties smaller than five acres and a hearing system to help resolve disputes with growers.
Last Saturday, Riverside County certified an initiative to rescind the city of Riverside's ban on dispensaries. Campaigners handed in enough valid signatures to qualify for the ballot, but the vote apparently won't take place until June 2015.
On Monday, the Senate Public Safety Committee approved a bill that would require police to return medical marijuana to users if charges are dropped or they are acquitted. Senate Bill 1193, sponsored by Sen. Noreen Evans (D-Santa Rosa), now heads to the Senate Appropriations Committee.
On Tuesday, Lake County medical marijuana supporters handed in signatures for an initiative that would revise the county's cultivation policies. The Medical Marijuana Control Act would allow four marijuana plants per parcel on properties of under an acre, limit collective gardens to 48 plants on rural properties of five acres or more, require fully fenced and locked garden areas, create a medical marijuana enforcement division in the Community Development Department and establish a medical marijuana enforcement officer position. It needs 2,115 valid signatures to qualify for the November ballot; proponents handed in more than 3,000 raw signatures.
Also on Tuesday, the San Jose city council punted on its dispensary ordinance. The council delayed voting on its controversial measure until next week. The decision to postpone the vote came after hours of heated and emotional testimony on all sides of the issue.
Illinois
On Wednesday, the House approved medical marijuana for seizures. The House approved Senate Bill 2636, which expands the state's medical marijuana law to include both adults and minors suffering from seizure disorders. The measure has already passed the Senate and now goes to the desk of Gov. Pat Quinn (D).
Massachusetts
Last Wednesday, a state senator filed a budget amendment seeking to tax medical marijuana sales. State Sen. Brian Joyce (D-Milton) added an amendment to the Senate budget released last week that would impose a 6.25% sales tax on medical marijuana. He said he wanted it done quickly before there is any organized opposition. Health care goods and services and prescription drugs are generally exempted from the sales tax under state law. But Joyce said at least 10 other medical marijuana states impose sales taxes on it, including neighboring Connecticut, Rhode Island, and Maine.
On Wednesday, the budget debate got underway, with patients objecting to any sales tax on medical marijuana. "To tax sick and suffering patients is just wrong," said Matthew Allen, executive director of the Massachusetts Patient Advocacy Alliance. "By their very nature, medical marijuana patients tend to be lower income people because that's the nature of serious and chronic illness."
Minnesota
Last Thursday, lawmakers compromised on a medical marijuana bill that doesn't allow smoking. Minnesotans will get a medical marijuana bill, but they won't be able to smoke their medicine. They can only use it in the form of liquids, pills, or oils, and they can vape, but not smoke it. Both houses had passed bills last week, with the House version being more restrictive. Gov. Mark Dayton (DFL) said Thursday he will sign the compromise measure. That would make Minnesota the 22nd medical marijuana state.
Last Friday, both houses gave the medical marijuana bill final approval.
New Mexico
On Monday, the state Court of Appeals upheld insurance coverage for medical marijuana. The state Court of Appeals ruled unanimously that an injured worker can be reimbursed for medical marijuana purchases by his former employer and the company's insurer. The appeals court upheld an earlier workmen's compensation decision in favor of the worker. The case is Vialpando v. Ben's Automotive Service and Redwood Fire & Casualty. Attorneys familiar with the case said they knew of no similar rulings in other medical marijuana states.
New York
Last Thursday, a Republican senator filed a no smoking medical marijuana bill. State Sen. Phil Boyle (R-Bay Shore) has filed a bill that would allow for the use of medical marijuana, but bar "delivery through smoking." The bill is Senate Bill 7509.
On Tuesday, the Senate Health Committee approved the Compassionate Use Act. The committee narrowly approved Senate Bill 4406, the Compassionate Care Act. Similar bills have been approved by the Assembly in recent years, but this marks the first time the Senate has taken up the issue. If allowed to the Senate floor for a vote, the bill is expected to pass, but first it must get through the Senate Finance Committee.
Oregon
Last Thursday, a circuit court judge ruled that the state's medical marijuana law is unenforceable because it conflicts with federal law. The ruling came in a case involving the right of the city of Medford to revoke the business license of a dispensary. Expect the decision to be appealed.
Rhode Island
Last Wednesday, the Health Department admitted it was falling behind on patient applications. The state Health Department is eight weeks backlogged in handling patient medical marijuana applications. Patients aren't happy. They're supposed to be automatically approved after 15 days, but the department says it is understaffed and overwhelmed, and it didn't anticipate the volume of applications.
South Carolina
Last Wednesday, the Senate Medical Affairs Committee approved a limited CBD medical marijuana bill. House Bill 4803 would allow the use of high-CBD marijuana extracts for patients suffering severe epilepsy. It has already passed the House.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
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Jail guards break bad in Mississippi and Delaware, a Missouri cop gets in trouble for protecting his snitch, and a Georgia cop gets ready to go to prison for protecting a pill mill. Lets get to it:
In Jackson, Mississippi,
a Hinds County jail guard was arrested last Thursday after jail officials found drugs in his coat when they searched him upon arrival at work.
Desmon Funchess, 28, set his coat on a chair before going through the standard search, but another officer searched the coat and found a taped bundle of tobacco, marijuana, morphine tablets, and a cell phone and charger. He is charged with introducing contraband into a correctional facility.
In Holcomb, Missouri, a Holcomb police officer was arrested last Friday for alerting one of his drug snitches that she was being sought by police for burglary. Officer Alvin Roberts is facing one felony count of hindering prosecution. Police said he continued to be in contact with the woman after he knew an arrest warrant had been issued for her.
In Smyrna, Delaware, a state prison guard was arrested last Saturday on charges he was plotting to smuggle marijuana and cell phones into the James T. Vaughan Correctional Center. Guard Darryl West Jr. went down after prison authorities learned of the alleged plot, and when state troopers searched his vehicle, they found pot, cell phones, and $700 in cash. He's charged with possession with intent to deliver prison contraband, as well as other charges.
In Savannah, Georgia, a former Pooler police officer was sentenced Monday to 17 months in prison for covering up his role in a multi-state pain pill operation. John William Stanley admitted he knew a couple were running a pill mill from their home for years and warned them of a possible police investigation. He copped to two federal counts: conspiring to possess a controlled substance with intent to distribute, and distribution of a controlled substance. He has until June to report to prison.
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An evangelical pollster has support for marijuana legalization at 58% (but not among Christians), the Senate Minority Leader takes on the DEA over hemp, a California defelonization sentencing initiative hands in signatures, we have a fascinating look at meth culture in Tehran, and more. Let's get to it:
When Mitch McConnell is criticizing the DEA, you know you're living in a different century. (senate.gov)
. A new poll conducted by the evangelical Christian polling firm the
Barna Group finds that marijuana legalization is supported by 58% of respondents nationwide. But when it comes to "practicing Christians" (people who attended church in the past month), only 32% of evangelicals, 39% of Catholics, and 45% of mainstream Protestants favored legalization. Still, those numbers are trending up.
"There is a clear trend toward greater cultural acceptance of recreational marijuana, even among many practicing Christians. National surveys are a great way to find out what people think and how their perspectives have changed over time. But
why those changes are happening is more difficult to pin down through conventional polling," said a
Barna spokesman. "What we can conclude is that America continues to shift from a culture that values abstinence to one that focuses on experience. Marijuana use fits within a larger trend of liberalizing views and behaviors when it comes to activities like gambling, pre-marital or extra-marital sex, and drinking. As attitudes toward temptations shift, Americans increasingly define the 'pursuit of happiness' to include personally invigorating or even escapist experiences." There's a lot more demographic information at the link, too.
Missouri "Decriminalizes" Marijuana Possession. A new sentencing reform law that has now gone into effect without the signature of Gov. Jay Nixon (R) eliminates the possibility of jail time for the possession of 10 grams of marijuana or less. Senate Bill 491 also reduces sentences for the sale and cultivation of marijuana, including changing current law to allow probation or parole for third offenders. But it doesn't go into effect until January 2017, the "no jail" provision only applies to first offenders, and it's still a criminal misdemeanor, with all the related consequences. Still, the Marijuana Policy Project is calling Missouri the 19th decrim state.
Medical Marijuana
Massachusetts Lawmaker Wants Sales Tax on Medical Marijuana, and Now. State Sen. Brian Joyce (D-Milton) has added an amendment to the Senate budget released last week that would impose a 6.25% sales tax on medical marijuana. He said he wanted it done quickly before there is any organized opposition. Health care goods and services and prescription drugs are generally exempted from the sales tax under state law. But Joyce said at least 10 other medical marijuana states impose sales taxes on it, including neighboring Connecticut, Rhode Island, and Maine.
Rhode Island Health Department Falling Way Behind on Patient Applications. The state Health Department is eight weeks backlogged in handling patient medical marijuana applications. Patients aren't happy. They're supposed to be automatically approved after 15 days, but the department says it is understaffed and overwhelmed, and it didn't anticipate the volume of applications.
South Carolina Limited CBD Medical Marijuana Bill Moving Toward Passage. A bill that would allow the use of high-CBD marijuana extracts for patients suffering severe epilepsy appears headed for passage. House Bill 4803 has already passed the House and was approved by the Senate Medical Affairs Committee today. It should get a final floor vote next week.
Hemp
Mitch McConnell Rips DEA over Kentucky Hemp Seed Fiasco. The state of Kentucky has already filed a lawsuit against the DEA over its cat and mouse games surrounding the state's effort to import 250 pounds of Italian hemp seeds for use in research projects okayed by an amendment to this year's omnibus farm bill. Now, Mitch McConnell, the Senate minority leader who just happens to be from Kentucky, has weighed in. "It is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds," McConnell told Politico last night.
Prescription Drugs
New Oklahoma Law Requires That Names of Overdose Victims Be Reported to Narcs. Under a bill signed into law Tuesday by Gov. Mary Fallin (R), the state medical examiner is required to report the names of overdose victims to the Bureau of Narcotics and Dangerous Drugs. The stated purpose is to use the information to more closely monitor the state's prescription drug issue and to identify "problem" prescribers. Senate Bill 1183 is part of a broader legislative effort supported by Fallin to tackle non-medical prescription drug use. But the heart of that plan, language that would create a statewide prescription monitoring system and require doctors to check patients' drug histories before writing new prescriptions for opioids and other dangerous drugs, remains stalled as legislators argue over details.
Synthetic Drugs
Minnesota Synthetic Drug Bill Heading for Passage. A bill that bans new synthetic drugs not approved by the FDA and that have effects similar to Schedule I or II controlled substances passed the House Wednesday and now heads to the Senate, where it is also expected to pass. House File 2446 also gives the state Board of Pharmacy emergency regulatory power to stop shops from selling any newer new synthetics.
Asset Forfeiture
Wyoming Lawmakers Want to Reform Asset Forfeiture Laws. The state legislature's Joint Judiciary Interim Committee Tuesday voted to order staff to draft two bills to reform the state's asset forfeiture laws. One bill would eliminate civil asset forfeiture and would allow police to seize property only when someone has been convicted of a crime. The second bill would keep civil forfeiture, but would create a higher standard of proof before allowing assets to be seized. That bill would also require that most proceeds of seizures go into a general account at the state attorney general's office instead of being returned to the seizing agency.
Harm Reduction
Delaware Overdose Reversal Drug Bill Wins Senate Committee Vote. A bill that would make the overdose reversal drug naloxone (Narcan) available without a prescription to anyone who completes a training program passed the Senate Health and Social Services Committee Wednesday. Senate Bill 219 now heads for the Senate floor.
Sentencing Reform
California Defelonization Sentencing Initiative Hands in Signatures. Campaigners for an initiative that would make certain felony drug and other crimes misdemeanors has handed in signatures. The Safe Neighborhoods and Schools Act initiative handed in more than 638,000 signatures earlier this month; it needs 504,000 valid signatures to qualify for the November ballot. Of signatures checked so far, the validity rate is 78%. The measure's proponents are San Francisco DA George Gascon and San Diego Police Chief William Landsdowne.
International
Tunisia's Prime Minister Says Marijuana Laws Are Too Harsh. Tunisian Prime Minister Mehdi Jomaa said at a press conference Wednesday that his country's tough penalties for marijuana possession are "out of sync" with changing times. Possession can currently earn you up to five years in prison, but Jomaa vowed to "amend the law to adapt it to the new reality" in Tunisia, which overthrew its old regime in the most successful of the 2011 Arab Spring uprisings.
Iran Breaks Bad as Crystal Meth Arrives. The Guardian has a lengthy analysis of the rise of methamphetamine in Iran, and particularly in its capital city, Tehran. Meth is exploding there, according to the piece's author, Ramita Navai, author of the newly released "City of Lies: Love, Sex, Death and the Search for Truth in Tehran." It's a very interesting read. Click on the link for the whole thing.
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The DEA is in the hot seat, it looks like Minnesota will be the next medical marijuana state (but they won't be able to smoke it), California could actually get around to regulating its dispensary system, California voters will vote on whether to drug test doctors (!), the Russians are snarking about Afghanistan, and more. Let's get to it:
DEA administrator Michele Leonhart may be approaching her "sell by" date, and so may the agency she heads. (doj.gov)
Federal Grand Jury Investigating Northern California County's "Pay to Plead Down" Program for Marijuana Defendants. Critics of the Mendocino County program that offers pot defendants a chance to cop a plea to a lesser charge in exchange for "sizeable restitution payments" call it the "Mendo shakedown." Under the program, defendants agree to pay $50 for each plant seized and $500 per pound, typically in exchange for a misdemeanor plea. It has generated $3.7 million in payments to local law enforcement agencies, and supporters say it is a way to reduce the logjam of marijuana cases, not subject local growers to harsh sentences, and compensate police for their marijuana enforcement work. Now, a federal grand jury is looking into it. The Santa Rosa Press-Democrat has a lengthy report; click on the link.
Medical Marijuana
California Medical Marijuana Regulation Bills Poised for Movement. Two bills seeking to bring some order to California's Wild West medical marijuana industry are set to move in coming days. Assembly Bill 1894, filed by Tom Ammiano (D-San Francisco) could get a floor vote in the Assembly before month's end, which it must do to stay alive. In the Senate, a similar -- but not a companion -- bill will go the Appropriations Committee on Monday. Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), also must pass out of its chamber of origin by the end of the month or it dies, too.
Minnesota Will Get Medical Marijuana, But Not Buds. Under a compromise reached by lawmakers Thursday, Minnesotans will get a medical marijuana bill, but they won't be able to smoke their medicine. They can only use it in the form of liquids, pills, or oils, and they can vape, but not smoke it. Both houses had passed bills last week, with the House version being more restrictive. Gov. Mark Dayton (DFL) said Thursday he will sign the compromise measure. That would make Minnesota the 22nd medical marijuana state.
New York Medical Marijuana Bill to Get Senate Committee Vote Tuesday. The long-stalled effort to pass a medical marijuana bill in the Empire State could take a big step forward Tuesday. That's when the Senate Health Committee will take up Senate Bill 4406. The Health Committee is only the first stop in the Senate, though; it must then pass the Senate Finance Committee before going to a Senate floor vote.
New York Republican Files No Smoking Medical Marijuana Bill. State Sen. Phil Boyle (R-Bay Shore) has filed a bill that would allow for the use of medical marijuana, but bar "delivery through smoking." The bill is Senate Bill 7509, and it could signal a possible compromise that Senate Republicans could get behind.
Oregon Circuit Court Judge Rules State Medical Marijuana Law Conflicts With Federal Law; Is Unenforceable. In a case involving the right of the city of Medford to revoke the business license of a dispensary, a Jackson County circuit court judge has ruled that the state's Oregon Medical Marijuana Act is "unenforceable" because it conflicts with federal law. Expect the decision to be appealed.
Drug Policy
DEA Head Chastened After Being Taken to the Woodshed Over Sentencing Remarks. DEA Administrator Michele Leonhart's lack of support for Obama administration mandatory minimum sentencing reforms at a congressional hearing last month got her a good talking to from her boss, Attorney General Eric Holder, The Huffington Post reports. She's been off the reservation on other issues as well, especially around the administration's relatively enlightened approach to marijuana policy, and just this week, her agency has been messing with Kentucky's effort to do legal hemp research. But it was her refusal to endorse changes in mandatory minimums that got her sent to the boss's office. Now, the DEA says Leonhart "supports the Attorney General's sentencing reform initiative."
Drug Policy Expert Mark Kleiman Says It May Be Time to Do Away With DEA. In the same Huffington Post piece cited above, drug policy expert and current advisor to the state of Washington on marijuana legalization implementation Mark Kleiman said that while, in the past, he opposed dissolving the DEA and splitting its function, he is changing his tune. "Any DEA administrator feels an organizational imperative to support the existing drug laws and sentencing structure, even when doing so means opposing the purposes of the attorney general and the president, as we see currently," Kleiman said. "So I'd be inclined to reconsider my former opposition to merging the DEA" and perhaps the Bureau of Alcohol, Tobacco, Firearms and Explosives, into the FBI. "That would allow the combined agency to turn the skills and aggression of today's DEA agents against gun traffickers, cigarette smugglers, and purveyors of political violence."
Drug Policy Alliance Calls for DEA Head to Resign. The Drug Policy Alliance has had enough of DEA head Michele Leonhart. Today, Bill Piper, the group's head of national affairs, called on her to resign. "For months Drug Enforcement Administration (DEA) Administrator Michele Leonhart has openly rebuked the drug policy reform policies of Attorney General Eric Holder and President Obama with one embarrassing statement after another," he wrote. "Now she is picking a fight with Minority Leader Mitch McConnell (R-Y) and other members of Congress over hemp. Meanwhile the Department of Justice's Office of the Inspector General has launched an investigation into multiple scandals plaguing the agency. It is clear that Leonhart lacks the ability to lead and should resign. Activists are using the Twitter hashtag #FireLeonhart." There's much more at the link.
Drug Testing
California Initiative to Drug and Alcohol Test Doctors Qualifies for November Ballot. An initiative that would require drug and alcohol testing of doctors and the reporting of a positive result to the state medical board has qualified for the November ballot. The Secretary of State's office announced yesterday that the Troy and Alana Pack Patient Safety Act of 2014 would also require that doctors be suspended pending investigation of a positive test and that the board take disciplinary action if the doctor was impaired while on duty. The measure also requires doctors to report other doctors they suspect of drug or alcohol impairment and requires health care practitioners to consult the state's prescription drug database before prescribing certain controlled substances.
Law Enforcement
No Drugs Found in Raid Where Texas SWAT Officer Was Killed. Oops. The pre-dawn, no-knock home invasion drug raid that ended up with one Killeen SWAT officer shot dead and three more wounded didn't find any drugs. Killeen Police Detective Charles Dinwiddie died trying to execute a search warrant after an informant said he had spotted "bags of cocaine" at the residence, but all the raiders came up with was a glass pipe. Dinwiddie is the second Texas law enforcement officer to die in a pre-dawn, no-knock drug raid in the past five months. A grand jury refused to indict the shooter in the first case. Stay tuned to see what happens in this one.
International
Russians Call for Single International Drug Office to Deal With Afghan Heroin. Viktor Ivanov, Russia's chief anti-drug official, said Thursday that all of the various international efforts to stifle the Afghan drug trade should be merged into a single, internationally-supervised office. "We suggest the creation of an international headquarters or an office for combating the planetary center of drug production in Afghanistan. The goal of the HQ would be to consolidate the currently separate anti-narcotic programs in Afghanistan and to create an effective, internationally-supervised mechanism to eradicate drug production," Ivanov said. He also implicitly criticized the US and the West for letting opium cultivation get out of control while NATO forces occupied the country. The effort had been "a fiasco," he said. Ivanov is among the Russian officials sanctioned by Washington in response to the Ukraine crisis.
Lebanese Cannabis Farmers Benefiting from Syrian Conflict. Lebanese security forces are too busy dealing with the Syrian civil war raging on the country's border to pay much attention to a reviving cannabis industry in the Bekaa Valley, The Financial Times reports. Lebanese security forces quit raiding the Bekaa's pot farms two years ago, fearful of creating more unrest, and last year the crop brought in an estimated profit of $175 million to $200 million. "You couldn't make this kind of money growing gold," one farmer laughed. While some Lebanese politicians, including Druse leader Walid Jumblatt, have called for legalizing the crop, the farmers don't agree. The profits are too good, they said.
Four Mexican Soldiers Killed in Apparent Cartel Attack in Jalisco. Four soldiers were killed in the western state of Jalisco earlier this week when the military truck they were riding in was attacked in Guachinango, about 80 miles from the state capital of Guadalajara. The attackers crashed a pick-up truck into the army vehicle, setting it ablaze, then opened fire. Investigators suspect the attack was staged by the Jalisco New Generation cartel, which is in a turf war with the Knights Templars cartel in neighboring Michoacan. There are accusations that New Generation has allied itself with some of the vigilantes fighting the Knights Templar.
Saudi Arabia to Drug Test All Public Employees. Newly recruited teachers are first in line, but all public employees of the Saudi state are going to be drug tested, according to local media reports. The move is intended to "counter the increasing abuse of narcotics in the country's public service," the reports said.
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The feds will still arrest you for marijuana possession on their property in DC even though the city has decriminalized, Chicago cops will still arrest you for possession even though they could just give you a ticket, decrim initiatives are coming to Kansas cities, Minnesota becomes the 22nd medical marijuana state, Mexico doesn't want to legalize it, and more. Let's get to it:
The Taliban's Pakistani cousins are financing operations by taxing the drug trade, a new report says. (wikimedia.org)
DC US Attorney Will Still Prosecute Marijuana Possession on Federal Property. No matter that the District of Columbia has decriminalized the possession of small amounts of marijuana. The office of the US Attorney for the District says anyone caught with pot on federal property could still be prosecuted under federal law, but that decisions will be made on a case-by-case basis. "Individuals arrested for merely possessing, but not using, less than one ounce of marijuana on federal property would be presented to our office for potential prosecution under federal law," said William Miller, public information officer for the DC US attorney. "We will assess each case on an individualized basis, weighing all available information and evidence, consistent with Justice Department enforcement priorities and the need to use our limited investigative and prosecutorial resources to address the most significant threats to public safety. We rely heavily on diversion programs in our local marijuana prosecutions, and would likely do the same with respect to federal offenses."
Despite Ticketing Ordinance, Chicago Cops Still Arresting People for Pot Possession. A 2012 Chicago ordinance allows police to ticket small-time marijuana possession offenders instead of arresting them, but the cops keep arresting people anyway, according to a study released today by the Illinois Consortium on Drug Policy. The study, "Patchwork Policy: An Evaluation of Arrests and Tickets for Marijuana Misdemeanors in Illinois," is available here. In Chicago, 93% of small-time pot possession violations resulted in arrest, not tickets, the study found. That's worse than other Illinois localities that have adopted similar measures. But the Chicago Police say implementing the new ordinance is slow and that the number of people arrested for misdemeanor possession dropped by 5,000 between 2011 and 2013.
Marco Rubio Says No Responsible Way to Smoke Pot. In an interview airing today, junior Florida senator and possible Republican 2016 presidential candidate Marco Rubio refused to say whether he had ever used marijuana, came down in opposition to decriminalization, and said there was no "responsible" way to smoke pot. "I don't want my kids to smoke marijuana. And I don't want other people's kids to smoke marijuana. I don't think there is a responsible way to recreationally use marijuana," he said. "The bottom line is, I believe that adding yet another mind-altering substance to something that's legal is not good for the country," he said. "I understand there are people that have different views on it, but I feel strongly about that."
Decriminalization Initiative Campaigns Underway in Wichita, Other Kansas Cities. Kansas for Change, a group that seeks to legalize marijuana in the Jayhawk State, is taking aim this year at the state's largest city, among others. The group is now gathering signatures to put a decriminalization initiative before the Wichita city council. If the group can gather 4,300 signatures, the council must either approve the measure or put it before the voters. Similar petition drives are also ongoing in Emporia, Lawrence, Salina, Topeka, and Wyandotte County (Kansas City, KS).
Medical Marijuana
Minnesota Legislature Passes Compromise Medical Marijuana bill, Governor Will Sign It. Minnesota is set to become the 22nd medical marijuana state after the state House and Senate gave final approval Friday to compromise legislation that will provide some patients access to medical marijuana, but not allow them to smoke it. Patients are allowed to use it in the form of liquids, pills, and oils, including those produced from whole plant extracts, as well as through vaporization, but cannot use it in its standard form of buds. Two marijuana product manufacturers will be registered by the state, with eight distribution centers, and only pharmacists will be allowed to dispense it.
Drug Policy
The Incredible Whiteness of Drug Policy Reform. Celebrity Stoner's Steve Bloom has held up a mirror to the face of the American drug reform movement and is blinded by the white. Responding to a critique of marijuana reform groups from Drug Policy Alliance board member Dr. Carl Hart that "their rank and file to their advisory boards consists almost exclusively of white, privileged and devoted marijuana smokers," Bloom decided to take a look. He surveyed seven major reform groups and found that of 325 staff and board members, only 19 were black, 12 were Latino, and nine were Asian. The movement does a bit better on gender, with 101 women. Click on the link for all the details.
International
Mexico Poll Finds Little Support for Marijuana Legalization. A poll commissioned by the Mexican congress's lower house as it ponders marijuana reform legislation has found little popular support for it. The survey carried out by the chambers Center for Social Studies and Public Opinion found that 70% opposed legalization, with only 20% in favor. And nearly 62% said legalizing marijuana would have no or little impact on drug trafficking and associated crime and violence. Click on the link for more details.
Jamaica Religious Figure Gives Blessing to Marijuana Sector. The Rev. Rennard White, president of the Missionary Church Association and vice-president of the Jamaica Evangelical Alliance, has said that marijuana can be a panacea for Jamaica's economic problems. "I hope the ganja industry will come of age and be properly treated with so we can reap the maximum benefit with minimum loss," White told congregants at the Covenant Moravian Church Sunday. His remarks were greeted "with thunderous applause."
US Says it Welcomes Progress in Colombia Peace Talks. After the Colombian government and the guerrillas of the FARC announced agreement on drug issues Friday, the State Department has now responded. "The United States welcomes the announcement of further progress in efforts to achieve the peace the Colombian people deserve through negotiations," Secretary of State Kerry said in a statement. "Resolving the question of narcotics production and trafficking is central to achieving that peace. We congratulate president Santos and the Colombian government for this advance," he added. Kerry went on to say that "Colombian government officials underlined the importance of maintaining both manual and aerial eradication capabilities," although the joint communique from the FARC and the Colombian government says that aerial eradication will only be a last resort conducted in conjunction with the wishes of local communities.
Pakistani Report Says Militants Being Financed By Taxing Drug Trade. A report prepared by Pakistani security services says militant groups based in the Kyhber Agency, the Frontier Region, and Peshawar are depending on a number of criminal activities, including taxing the drug trade from bordering Afghanistan, to finance their activities. One group even organizes a "hash fair" thrice a week in Orazkai Agency, the report said. But other than that, the groups rely on taxation and not direct involvement in the drug trade.
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The organized opposition in Alaska gets a donation, medical marijuana is finally moving in the New York Senate, the Fair Sentencing Act picks up another sponsor, there's more violence in Mexico, and more meth in Asia, and more. Let's get to it:
Marijuana Policy Alaska Group Opposed to Legalization Initiative Gets First Big Contribution. The organized opposition to Alaska's marijuana legalization initiative has received its first large cash donation. The group Big Marijuana, Big Mistake, Vote No on 2 received $25,000 from the Chenaga Corporation, an Alaska Native company. No word on how the Campaign to Regulate Marijuana Like Alcohol in Alaska is doing on fundraising, but it is backed by the Marijuana Policy Project.
Wyoming Legislator Campaigns for Reelection on Marijuana Legalization Platform. Rep. James Byrd (D-Laramie) is seeking a fourth term in the state legislature, and he said in an interview Monday that marijuana legalization, jobs, and education would be some of his leading priorities if he is reelected. This year, Byrd authored a bill to decriminalize possession in the Cowboy State. It was defeated, but he is carrying on unabashed.
Medical Marijuana
New York Medical Marijuana Bill Finally Moving in Senate; Wins Committee Vote. The state Senate Health Committee today narrowly approved Senate Bill 4406, the Compassionate Care Act. Similar bills have been approved by the Assembly in recent years, but this marks the first time the Senate has taken up the issue. If allowed to the Senate floor for a vote, the bill is expected to pass.
Sentencing
Federal Smarter Sentencing Act Picks Up Another Sponsor. And then there were 31; 19 Democrats and 12 Republicans. The latest cosponsor is Rep. Rick Larsen (D-WA). The bill, House Resolution 3382, would reduce some mandatory minimum drug sentences, allow judges to sentence below the mandatory minimum in some circumstances, and allow people sentenced under old crack cocaine laws to be resentenced. The bill has been stalled in a House Judiciary Committee subcommittee since January.
Law Enforcement
NSA, DEA "Blurring the Lines" Between War on Drugs and War on Terror. The latest article based on leaked documents from Edward Snowden, published by Glenn Greenwald and crew, shows how the NSA and the DEA have merged the war on drugs and the war on terror since the 2001 attacks on New York City and Washington, DC. The story details how the NSA recorded "virtually every" cell phone call in the Bahamas using a DEA "backdoor" to get into the Bahamian phone networks. The authors worry that if the NSA is using intelligence gained under the guise of fighting the war on drugs for counter-terrorism or other spying purposes, it could endanger the cooperation of host countries.
International
Rep. Sam Farr (D-CA) to Hold Briefing on Drug Policy in Latin America. There will be a briefing on the current state of drug policy in Latin America and potential implications for US policy hosted by Rep. Sam Farr (D-CA) at the Congressional Meeting Room South at 10:00am, Thursday, May 29. The panelists are Ambassador Paul Simons, executive director of the Inter-American Drug Abuse Control Commission of the OAS; John Walsh, senior associate for drug policy and the Andes at the Washington Office on Latin America; and Vanda Felbab-Brown, senior fellow at the Brookings Institute. For more information, contact Caitie Whelan in Rep. Farr's office.
More Drug War Violence in Mexico's Northeast. Another seven bodies have been discovered in the northeastern state of Tamaulipas, which is undergoing a renewed surge of violence as competing cartels fight with each other and the security services. The four men and three women were found Sunday night in an abandoned car in the port city of Tampico. More than a hundred people have been killed in the drug wars in Tamaulipas in the past month, and the federal government announced last week that it is stepping up operations in the state.
More Meth, More New Synthetics as Asia Becomes World's Largest Stimulant Market, UN Report Says. Asia is the world's largest market for stimulants, with methamphetamine seizures there tripling to at least 36 tons over the past five years, according to a new report from the UN Office on Drugs and Crime. The report, the Global Synthetic Drugs Assessment 2014, also found that new synthetic drugs -- or New Psychoactive Substances (NSPs) in UN-speak -- are expanding rapidly as well, and are often found in substances marketed as traditional amphetamines or Amphetamine Type Substances (ATSs).
(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
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Marijuana, marijuana, marijuana. Sometimes it seems like it's sucking all of the air out of the room in drug policy. But there are a lot of other things going on, too. Plus, Michele Leonhart finds a friend, Dana Rohrabacher talks legalization, and Virginia cops are raking in the asset forfeiture cash. Let's get to it:
A marijuana user and his dog. One of a series of photos normalizing marijuana use by Sonya Yruel/Drug Policy Alliance
FBI Ponders Loosening Marijuana Hiring Policies Because Too Many Hackers are Stoners. FBI Director James Comey said Monday the organization may have to modify its no-tolerance policy for hiring people who have smoked marijuana because many of the people it wants to hire as programmers and hackers like to smoke pot. "I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview," Comey said. He added that the FBI was "grappling right now" with how to amend its hiring policies, which currently exclude anyone who has smoked in the past three years. [Update: Not gonna happen. Comey said Wednesday at a Senate Judiciary Committee hearing that he is "absolute dead set against using marijuana" and "I did not say I was going to change that ban." His remarks came in response to a question from Sen. Jeff Sessions (R-AL) who was worried about his Monday comments.]
Truven Health Survey Has Support for Legalization at 43% Nationwide. A national survey of attitudes toward marijuana conducted by Truven Health has support for legalization at 43% nationwide, with support for medical marijuana at 78%. Click on the link for more demographic details.
Tennessee Poll Has Three Out of Four Supporting Some Form of Marijuana Access. The latest Vanderbilt Poll has 76% supporting some form of access to marijuana, with just more than one in five (22%) of respondents saying it should not be legal, period. Just under a third (32%) said it should be legal for personal use, while another 44% said it should be legal for medical use.
New Mexico Democratic Gubernatorial Candidates Talk Pot Policy. Marijuana policy is on the agenda in New Mexico, and it's splitting the Democratic gubernatorial candidates. Two candidates -- Alan Webber and Howie Morales -- support legalization and regulation, Lawrence Rael said it should be up to the voters, Linda Lopez wants to "wait and study," while Gary King opposes legalization, but says he supports reduced penalties for personal possession. Click on the link for more details.
Maine Local Legalization Initiatives About to Start Signature-Gathering. Advocates of marijuana legalization got a local ordinance approved in Portland six months ago. Now, they're back and about to start signature-gathering in three more Maine cities: Lewiston, South Portland, and York. The campaign will get underway "in the coming weeks," supporters said.
Medical Marijuana
Illinois House Approves Medical Marijuana for Seizures. The House voted today to approve Senate Bill 2636, which expands the state's medical marijuana law to include both adults and minors suffering from seizure disorders. The measure has already passed the Senate and now goes to the desk of Gov. Pat Quinn (D).
Massachusetts Patients Object to Sales Tax on Medical Marijuana. The state Senate today began debating a state budget, and medical marijuana patients are objecting loudly to amendments proposed by Sen. Brian Joyce (D-Milton) that would impose the state's 6.25% general sales tax on medical marijuana products. "To tax sick and suffering patients is just wrong," said Matthew Allen, executive director of the Massachusetts Patient Advocacy Alliance. "By their very nature, medical marijuana patients tend to be lower income people because that's the nature of serious and chronic illness."
New Mexico Appeals Court Upholds Insurance Coverage for Medical Marijuana. The state Court of Appeals Monday ruled unanimously that an injured worker can be reimbursed for medical marijuana purchases by his former employer and the company's insurer. The appeals court upheld an earlier workmen's compensation decision in favor of the worker. The case is Vialpando v. Ben's Automotive Service and Redwood Fire & Casualty. Attorneys familiar with the case said they knew of no similar rulings in other medical marijuana states.
New York Medical Marijuana Bill Wins Senate Committee Vote. In a historic move, a state Senate committee actually heard a medical marijuana bill -- and then voted to approve it. The Senate Health Committee gave the okay to Senate Bill 4406, the Compassionate Care Act, sponsored by Sen. Diane Savino (D-Staten Island). Medical marijuana bills have passed the state Assembly repeatedly in recent years, only to die of inaction in the Senate. The bill now heads to the Senate Finance Committee, which must approve it before it can go to a floor vote.
South Carolina Limited CBD Medical Marijuana Bill Wins Senate Committee Vote. A bill to allow epilepsy patients to use high-CBD marijuana extracts was approved by the Senate Medical Affairs Committee Tuesday. House Bill 4803 has already passed the House and should get a final floor vote next week.
Asset Forfeiture
Virginia Cops Scored $57 Million in Seized Assets Since 2007. Virginia law enforcement agencies have raked in more than $57 million in asset forfeitures in the last six years, according to a lengthy analysis by The Virginian-Pilot. Under the state's asset forfeiture laws, the cops get to keep 90% of what they seize. In its 2010 report Policing for Profit: The Abuse of Civil Forfeiture, the Institute of Justice gave Virginia a grade of "D-" for both its lax asset forfeiture laws and the ease with which they can be circumvented by law enforcement.
Drug Policy
Embattled DEA Head Has a Friend in Virginia Rep. Frank Wolfe. Rep. Frank Wolfe (R-VA) is sticking up for embattled DEA Administrator Michele Leonhart. She was recently scolded and brought into line on sentencing policy by her boss, Attorney General Eric Holder, and Wolfe took umbrage at that. He called the Obama administration "Nixonian" for trying to get Leonhart back on the reservation. "Having served in the Nixon Administration, I am well aware of how the political leadership of an administration can try to politicize the civil service, including law enforcement," Wolfe wrote in a letter to the Justice Department. "This article [Ed: a Huffington Post piece on Leonhart's comeuppance] suggests a similar 'Nixonian' effort to pressure a career law enforcement leader into changing her congressional testimony and public comments to fit the narrative of the administration. I am deeply concerned and hope you will correct the record if the information reported was inaccurate."
Legalization Gets Discussed at House Committee Hearing. A House Committee on Foreign Affairs hearing on US-Mexican affairs turned briefly into a discussion of the pros and cons of drug legalization Tuesday. Rep. Dana Rohrabacher (R-CA) asked State Department officials whether it wouldn't be better to weaken drug cartels by legalizing drugs than to spend billions trying fruitlessly to suppress them. But William Brownfield, assistant secretary for State's Bureau of International Narcotics and Law Enforcement ("drugs and thugs"), demurred, saying he couldn't recommend a policy that would increase the availability of currently illegal drugs. Rohrabacher responded by saying he had seen no evidence that legalization would increase the number of drug users.
Students for Sensible Drug Policy Sets National Conference for September in DC. Students for Sensible Drug Policy (SSDP) will hold its national conference and lobby day in Washington, DC, on September 26-29. Click on the link for all the details.
Drug Testing
O.pen VAPE Feels the Heat, Backs Off on Drug Testing. The Denver-based marijuana vaporizer company O.pen VAPE took a lot of heat earlier this month when it announced an invasive drug testing policy aimed at "dangerous drug" users. Now, the company has switched gears and has announced it will instead use computer-assisted impairment testing. Celeb Stoner has more details, click on the link to read all about it.
(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
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