Drug War Chronicle #907 - October 23, 2015

Canada's Liberals Sweep to Victory -- With a Legalization Platform

Led by Justin Trudeau, Canada's Liberal Party swept to a strong victory in Monday's elections.

While results were still being tallied Monday night, it looks as if the party has won enough seats to form a majority government by itself. The Liberals won 184 seats in the lower house of parliament. They only need 170 seats to form a majority in the 338-seat lower chamber.

The Liberal platform included, among other things, marijuana legalization:

"We will legalize, regulate, and restrict access to marijuana," the platform states. Marijuana prohibition doesn't prevent youth use, causes socially disruptive and expensive arrests, and supports organized crime, the statement adds. "We will remove marijuana consumption and incidental possession from the Criminal Code, and create new, stronger laws to punish more severely those who provide it to minors, those who operate a motor vehicle while under its influence, and those who sell it outside of the new regulatory framework."

But don't expect it to happen overnight. The Liberals said they would create a task force with input from experts in public health, substance use, and law enforcement to design a new system of taxed and regulated marijuana sales. Once the task force has done its work, a bill will have to be crafted and then passed in Ottawa.

While marijuana was not the issue in the campaign, it was an issue. The Conservatives, who have resisted liberalizing drug laws throughout their nine-year run in power, attempted drug war-style scare ads, and outgoing Prime Minister Stephen Harper said marijuana was "infinitely worse than tobacco."

But the Tories' anti-pot stance didn't fare too well in a country that is ready to leave marijuana prohibition behind. In a CBC Vote Compass poll last month, 56% of respondents wanted legalization, another 30% wanted decriminalization, and only 14% wanted the prohibitionist status quo.

Now, the voters should be about to get their wish.

Tom Angell of Marijuana Majority reacted from south of the border:

"While US states led the way by becoming the first places in the world to legalize and regulate marijuana in 2012, it looks like Canada could soon leapfrog ahead of us and become the first country in North America to legalize cannabis nationwide," he said. "If that happens, it's not only good news for Canadians who will be able to purchase marijuana from legal and regulated storefronts instead of being treated like criminals. It's also likely to give reform efforts in the US a bit of a boost -- not that we really needed it, but a little friendly competition is always a good motivator."

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Will Ohio Legalize Marijuana Next Month? [FEATURE]

It's now less than three weeks until Buckeye State voters head to the polls in an off-year election, and they make make Ohio the first Midwestern state to legalize marijuana. A poll this week that asked specifically if respondents supported the initiative on the ballot had 56% saying yes.

They will be voting on Issue 3, a controversial proposal sponsored by ResponsibleOhio that would legalize both medical and recreational marijuana use, cultivation, and distribution. The measure would establish a 10-grower "monopoly" on commercial marijuana production (but not sales) and allow individuals to grow up to four plants for personal use if they pay a $50 license fee and if they keep the plants hidden from public view.

But despite the favorable poll numbers -- even better than the 53% approval of a generic marijuana legalization question in a poll two weeks ago -- victory is by no means a sure thing. It is an off-year election with traditionally low voter turnout among groups likely to be supportive, the effort is opposed by the state's political establishment, and even if it wins, it could be tangled up in court for years because that GOP establishment has placed an initiative on the ballot, Issue 2, specifically designed to invalidate Issue 3. That initiative would bar Issue 3 from taking effect, as a constitutional "monopoly," and would put similar questions on the ballot when other monopoly or oligopoly measures appear in the future.

If both initiatives pass, state officials say Issue 2 will supersede Issue 3, but other legal experts say it's not so clear, especially if the legalization initiative wins more votes than the anti-monopoly initiative, which the new poll suggests it could If both pass, legalization will, at best, be delayed until the mess is sorted out in the courts.

With the exception of NORML, national drug reform groups have kept their distance. The NORML board of directors endorsed Issue 3 last month, but neither the Marijuana Policy Project nor the Drug Policy Alliance, both of which endorse marijuana legalization in general, have made much noise about this initiative.

When it comes to in-state endorsements, ResponsibleOhio looks pretty isolated, with support from the Ohio ACLU, some UFCW locals, and a handful of elected officials, while those taking a stand against the measure include the state Green, Libertarian, and Republican parties, business groups, medical groups, law enforcement groups, children's advocates, and many state political figures, including Republican Gov. John Kasich and Attorney General Mike DeWine.

The initiative has also infuriated many Ohio marijuana activists, who see their years of work going up in smoke in the face of well-heeled investors in ResponsibleOhio, who have generally had little to do with marijuana reform, but who know a money-making opportunity when they see one. By buying into the campaign, those investors have secured their positions controlling the ten designated commercial grows.

"We don't support the ResponsibleOhio initiative because we don't believe it achieves the goals of legalization, said Sri Kavuru, president of Ohioans to End Prohibition (OTEP), which is campaigning to get its own initiative on the 2016 ballot. "I testified in favor of the anti-monopoly amendment, and I believe it will pass and get more votes than ResponsibleOhio," he told the Chronicle in August.

The forthrightly named Citizens Against ResponsibleOhio doesn't mind siding with the Republican legislature, either, said the group's leader, Aaron Weaver.

"It is very interesting that all these different parties have come together with the same purpose in mind, to stop the hijacking of our constitution by private interests," Weaver said. "It's very strange indeed, but the collaboration of different groups for a mutually beneficial and moral purpose, I think, is a good thing."

It's also caused a split in Ohio NORML, with the state group throwing out its former leader, Rob Ryan, over his position in support of the initiative.

But the state's largest pro-medical marijuana organization, the Ohio Patients Group, endorsed Issue 3 this week. The group said that, given the lack of a viable alternative and the legislature's refusal to advance the cause, telling its members to vote against the initiative would be doing them a disservice.

"It wasn't a perfect plan, but politics is never the art of the perfect, it's the art of possible," Pardee said.

But when you've got money, you don't need that many friends. In a neat political and financial move, ResponsibleOhio and its chairman, Ian James, are using those investor dollars to finance their campaign advertising. The group has spent $3.1 million so far on TV ads, and has millions more where that came from to get them through the election.

The first ad, "Bring Addy Home," which began airing in late August, features Heather Benton, who moved to Colorado in order to obtain medical marijuana to treat her four-year-old daughter's seizures.

"We want to move back to Ohio, but we can't because her medicine is illegal there," says the exiled Benton. "It is time for marijuana reform. It is time to go home."

One of the latest ads takes on the charge from opponents that the initiative would create a monopoly in the state's Constitution. (Voters did something quite similar back in 2009, when they approved a constitutional initiative allowing a strictly limited number of casinos.). This initiative isn't a monopoly, the ad argues.

"Like most states that legalized marijuana, it initially limits the number of growers with strict regulation," a woman says in the ad. "That's a regulated industry without creating a monopoly."

Can ResponsibleOhio pull it off? We won't know until the votes are counted, but if marijuana legalization wins in swing-state Ohio in 2015, that could take the politics of legalization to a whole new level in front of the 2016 general election, where the issue is already likely to be on the ballot in several states -- Arizona, California, Massachusetts, Maine, Nevada -- and maybe more.

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New Gallup Poll Has Support for Marijuana Legalization at 58%

A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.

The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. And Gallup says that figure is likely to continue to increase, thanks to both younger residents more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization.

"Americans' support for legalizing marijuana is the highest Gallup has measured to date, at 58%," the polling firm noted. "Given the patterns of support by age, that percentage should continue to grow in the future. Younger generations of Americans have been increasingly likely to favor legal use of marijuana as they entered adulthood compared with older generations of Americans when they were the same age decades ago. Now, more than seven in 10 of today's young adults support legalization. But Americans today -- particularly those between 35 and 64 -- are more supportive of legal marijuana than members of their same birth cohort were in the past. Now senior citizens are alone among age groups in opposing pot legalization."

The poll had majority support for legalization among every age group except those 65 and older. Support was at 71% among the 18-to-34 group, 64% for the 35-49 group, 58% among the 50-to-64 group, and only 35% among those 65 and older.

Despite public support for legalization and despite legalization already being the law in four states and the nation's capital, marijuana arrests remain near all-time highs. In 2014 there were 700,993 arrests for marijuana in the United States, nearly nine out of ten of them for simple possession. Black and brown people continue to be arrested for pot offenses at a disproportionate rate.

Drug reform activists like what Gallup was selling.

"The latest poll results point to the absurdity and even venality of persisting with harsh prohibitionist policies," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "No other law is enforced so harshly and pervasively yet deemed unnecessary by so many Americans. Spending billions of dollars and arresting 700,000 people annually for violating marijuana laws now represents not just foolish public policy but also an inappropriate and indecent use of police powers. More elected officials need to realize that legalizing marijuana is not just the right thing to do -- it's the politically smart thing to do too."

"It's pretty clear which direction our nation is heading on this issue. The status quo has shifted," said Mason Tvert, communications director for the Marijuana Policy Project. "Marijuana prohibition has been a public policy disaster, and most Americans are ready to put it behind us and move on. The effects of 80-plus years of anti-marijuana propaganda are slowly wearing off. Once people realize that marijuana is actually safer than alcohol, they tend to agree that adults should not be punished just for consuming it. People can see that legalizing and regulating marijuana is going quite well in states like Colorado and Washington. They see the sky hasn't fallen and that regulation works, and they want to take similar steps forward in their states. We will likely see at least a handful of states pass these laws over the next year or so."

"These days it's not especially exciting to see yet another poll showing majority support for legalizing marijuana, but 58 percent is very strong share of the American people calling for change, and elected officials should listen," said Tom Angell, chairman of the increasingly aptly named Marijuana Majority. "The constant stream of surveys showing public support for ending prohibition is why we're seeing an increasing number of national politicians saying that it's time to at least let states implement their own laws without federal interference. And we're also seeing a growing number candidates endorsing legalization outright, which shows how mainstream this issue is now. As more states implement marijuana reforms and those laws continue to work as advertised, we're likely to see even more public support, which should soon spur Congress to formally end the criminalization of cannabis under federal law."

Ohio votes on marijuana in less than two weeks, and legalization initiatives are likely to be on the ballot next year in Arizona, California, Maine, Massachusetts, and Nevada. These kinds of polling numbers could encourage people in other states to climb on the bandwagon as well.

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Medical Marijuana Update

A California federal judge has told the Justice Department to butt out of state-legal marijuana businesses in a case involving the Marin Alliance for Medical Marijuana, the Brookings Institution has a new report on the feds stifling research, ASA has a new report on the beneficial impacts of dispensaries, and more.

National

Last Thursday, ASA released a report on the impact of dispensaries on communities. Americans for Safe Access released a report, Where Will Patients Obtain Their Medicine?, that shows dispensaries do not bring elevated crime rates or other social ills, but do bring economic opportunity and provide access to medicine for patients. "The research shows that well-regulated dispensaries are responsible neighbors and valued members of the community," said Steph Sherer, ASA's executive director. "They bring jobs and increased economic activity while providing patients suffering from serious illnesses with an essential physician-recommended medicine. Creating equitable rules for medical cannabis access is a win-win scenario for everyone in a community."

On Tuesday, a Brookings Institution report accused the federal government of stifling medical marijuana research. Researchers at the liberal think-tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California

On Monday, a federal judge ruled that the feds can't shut down state-legal marijuana businesses. US District Court Judge Charles Breyer ruled that the Justice Department is barred from prosecuting with marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Kansas

Over the weekend, the Silver Haired Legislature renewed its push for medical marijuana. The Silver Haired Legislature, which advocates for senior citizens, is again calling on the legislature to pass medical marijuana. At a meeting earlier this month in Topeka, the group adopted three proposed bills it will push to see passed in the next term. Click on the link for more details.

New Jersey

Last Wednesday, the state got its fifth dispensary. The state Health Department said then it had issued its final permit for Breakwater Treatment and Wellness, a dispensary in Cranston.

New York

Last Thursday, the Seneca Nation was moving toward allowing medical marijuana. The Seneca Nation of Indians is preparing to vote early next month on whether to authorize the National Council to start drafting laws and regulations to govern medical marijuana. The vote would be only a first step toward the tribe getting in the medical marijuana business. The Justice Department opened the door for tribes to get involved in pot operations with a memo last fall.

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

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This Week's Corrupt Cops Stories

It's a twofer of tarnished badges in Baltimore, and an LAX TSA agent was a bit too helpful for his own good. Let's get to it:

In Baltimore, a Baltimore County police officer was arrested last Thursday for growing marijuana. Sarah Campbell, 32, went down after a lengthy investigation by a DEA task force and is charged with manufacture of a controlled substance, possession of marijuana and paraphernalia, and possession of a firearm accessible by minors. She has been released on $15,000 bail. [Ed: Is this corruption? Hypocrisy? Or just a foolish chance for a police officer to take? I'd want to know whether Officer Campbell was in the habit of busting people for drug offenses, and whether there's any evidence that she was doing more than just growing. - DB]

In Los Angeles, a former TSA officer was indicted last Friday for allegedly taking $500 bribes to allow bags full of marijuana to be cleared through screening checkpoints and loaded onto airliners at LAX. Deondre Smith, 33, is accused of doing so on at least nine occasions, with the weed headed to Charlotte, North Carolina. He is charged with conspiracy to distribute marijuana and bribery of a public official, and is looking at up to 15 years in prison if convicted.

In Baltimore, a Baltimore police officer pleaded guilty last Thursday to stealing thousands of dollars during a sting operation in a local hotel room. Officer Maurice Jeffers, who had been accused of theft on four previous occasions, went down after internal affairs investigators set up a sting and then watched as Jeffers pocketed $3,000. He pleaded guilty to one count of theft and is looking at up to 10 years in prison when sentenced in February.

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Chronicle AM: Portland Nixes "Green Light District," Afghan Opium Decline, More (10/15/15)

No pot tourism district for Portland, at least for now; New Jersey gets a fifth dispensary, Croatia legalizes medical marijuana, Afghan opium production fell by nearly half last year, and more.

Marijuana Policy

Portland City Council Rejects Marijuana "Green Light District." The city council has rejected a proposal to create a concentration of marijuana businesses in a downtown "Green Light District" as a bid to attract cannabis tourists and to keep shops out of residential areas. The city currently requires a 1,000-foot buffer between pot shops, and the failed move would have lifted that requirement. Mayor Charlie Hales said the measure could be brought up again later.

Medical Marijuana

New Jersey Gets Fifth Dispensary Today. The state Health Department said Wednesday it had issued its final permit for Breakwater Treatment and Wellness, a dispensary in Cranston. It opened today.

Asset Forfeiture

Michigan Appeals Court Throws Out Car Seizure for $20 Worth of Weed. The state Court of Appeals has overturned a lower court decision saying that police in Westland were justified in seizing a woman's vehicle after she was busted with a gram of weed while doing pizza deliveries -- but not because the seizure was on outrage on its face. Instead the court held that because the marijuana was an unanticipated tip from a customer, the car should not have been seized because she hadn't used it with the intent of purchasing drugs. Click on the link for more.

International

UNODC Reports Big Drop in Afghan Opium Production. The UN Office on Drugs and Crime reported Wednesday that Afghan opium production last year declined by nearly half (48%), from 6,400 metric tons to 3,300 metric tons. The decline is the first after years of steady increases in poppy cultivation, and UNODC said it resulted from better cooperation between police and Afghan policymakers, a smaller area under cultivation, and lower yields.

Peru's Air Force Accused of Turning Blind Eye to Cocaine Flights. The Peruvian defense minister announced Wednesday that he would investigate allegations of corruption in the military after the Associated Press reported days earlier that cocaine flights were taking off unimpeded in an "air bridge" to Bolivia that moves a ton of cocaine a day. The air bridge is from the VRAEM -- the Valleys of the Apurimac, Ene and Mantaro Rivers -- in south-central Peru, now the country's leading coca and cocaine producing area. The Peruvian government in August approved shooting down suspected drug planes.

Croatia Approves Medical Marijuana. The Croatian government has approved the use of medical marijuana for people suffering from multiple sclerosis, cancer, epilepsy, and AIDS. The marijuana will be distributed through pharmaceutical companies, and patients will be limited to 0.75 grams of pure THC per month. Home cultivation will not be allowed.

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Chronicle AM: Australia Okays Medical Marijuana, NJ Legalization Rally Tomorrow, More (10/16/15)

There's a legalization rally in Trenton tomorrow, ASA has a new report on the impact of dispensaries, Mexico cartel violence flares at a Pacific port, Australia okays medical marijuana, and more.

Marijuana Policy

Legalization Rally in New Jersey Tomorrow. Hundreds of legalization supporters will gather in Trenton Saturday to call for an end to marijuana prohibition in the Garden State. The rally begins at city hall at 2:00pm, then marches to the state capitol for a 3:00pm rally. The rally is sponsored by the East Coast Cannabis Coalition and a variety of local reform groups.

Medical Marijuana

ASA Releases Report on Impact on Dispensaries on Communities. Americans for Safe Access has released a report, Where Will Patients Obtain Their Medicine?, that shows dispensaries do not bring elevated crime rates or other social ills, but do bring economic opportunity and provide access to medicine for patients. "The research shows that well-regulated dispensaries are responsible neighbors and valued members of the community," said Steph Sherer, ASA's executive director. "They bring jobs and increased economic activity while providing patients suffering from serious illnesses with an essential physician-recommended medicine. Creating equitable rules for medical cannabis access is a win-win scenario for everyone in a community."

New Psychoactive Substances

Federal Crackdown on New Synthetic Drugs Winds Down. A year-long operation by the DEA and other federal agencies aimed at cracking down on makers and sellers of new psychoactive substances ended yesterday. The feds bragged of arresting 151 people in 16 states, as well as seizing more than $15 million in cash and other assets in the operation, code-named Project Synergy.

Asset Forfeiture

Pennsylvania Poll Finds Strong Backing for Asset Forfeiture Reforms. A new poll sponsored by the asset forfeiture reform group Fix Forfeiture found that only one out of four Pennsylvanians had ever heard of asset forfeiture, but once they found out what it was, they didn't like it. Nearly four out of five (79%) said they supported reforms once they understood what asset forfeiture was. "It was really stunning to see how broad the support for reform is," said Jim Hobart, pollster for Public Opinion Strategies. "We don't get this type of bipartisan support on any issue these days." The poll comes as the legislature ponders a reform bill, Senate Bill 869, and its House companion bill, HB 508. The bill will have a hearing next week.

International

Australia to Legalize Medical Marijuana. The federal government has announced it will legalize the cultivation of marijuana for medical purposes, but state governments will be able to opt out. Health Minister Susan Ley said the government wants to provide access to medical marijuana for people suffering from debilitating illnesses. "I have heard stories of patients who have resorted to illegal methods of obtaining cannabis and I have felt for them, because with a terminal condition, the most important thing is quality of life and relief of pain," she said. "And we know that many people are calling out for medicinal cannabis. It is important therefore that we recognize those calls for help, that we put in place what we know will support a safe, legal and sustainable supply of a product."

Mexican Cartels Fight It Out Over Control of Pacific Port. The death toll is rising in Colima state as the Sinaloa Cartel, the Knights Templar, and the Jalisco New Generation Cartel wage a three-sided war for control of the port of Manzanillo. At least 30 people are believed to have been killed in gangland slayings in the state since June, many of them showing signs of torture or, in some cases, dismemberment.

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Chronicle AM: UN Decriminalization Drama, Global Undertreatment of Pain Report, More (10/19/15)

A thousand march for marijuana in Dallas, a few dozen in Montgomery; a UNODC document calling for drug decriminalization gets leaked, then yanked; the Global Commission on Drug Policy issues a report on pain, and more.

Marijuana Policy

Dallas March for Marijuana Brings Nearly a Thousand to the Streets. Around a thousand people joined a march calling for marijuana law reform in Texas Saturday. The march was organized by Dallas-Fort Worth NORML. Click on the link for more.

Dozens Turn Out for Alabama Rally for Marijuana Law Reforms. Several dozen people took to the foot of the state capitol last Friday to call for marijuana decriminalization and access to medical marijuana. Efforts to pass a medical marijuana bill have stalled in the legislature.

Medical Marijuana

Seneca Nation Moving Toward Medical Marijuana. The Seneca Nation of Indians is preparing to vote early next month on whether to authorize the National Council to start drafting laws and regulations to govern medical marijuana. The vote would be only a first step toward the tribe getting in the medical marijuana business. The Justice Department opened the door for tribes to get involved in pot operations with a memo last fall.

Kansas Silver Haired Legislature to Renew Push for Medical Marijuana. The Silver Haired Legislature, which advocates for senior citizens, is again calling on the legislature to pass medical marijuana. At a meeting earlier this month in Topeka, the group adopted three proposed bills it will push to see passed in the next term. Click on the link for more details.

International

UN Bid to Urge Drug Decriminalization Foiled. The UN Office on Drugs and Crime (UNODC) has withdrawn a document calling on governments to consider "decriminalizing drug use and possession for personal consumption" after at least one country objected. The document was leaked by Sir Richard Branson over the weekend, and when a journalist violated the UNODC's embargo on release of the document, UNODC walked back the report.

Global Commission on Drug Policy Releases Report on Undertreatment of Pain. The Global Commission on Drug Policy (GCDP) today released its third thematic report, The Global Crisis of Avoidable Pain: The Negative Impact of Drug Control on Public Health. The report was launched by Commissioners, former Swiss President Ruth Dreifuss, UN Secretary General Special Envoy on HIV/AIDS in Eastern Europe and Central Asia, Michel Kazatchkine and former United Nations Special Rapporteur on the right to health, Anand Grover. The report finds that three-quarters of the world's population has no access to pain-relieving drugs and that "the reasons for this have little to do with issues of cost or scarcity of supplies- and everything to do with the prohibition and repressive stand the world has taken on drugs. States are obsessed by the fear that people will use controlled medicines, such as morphine as drugs, thereby neglecting the important medical uses." Click on the title link to read the report.

WOLA Discussion on Impact of Drug Policy on Human Rights in the Americas Wednesday. The Washington Office on Latin America (WOLA) is hosting the discussion in Washington, DC, at lunch time Wednesday. Click on the link for speakers, more information, and to RSVP.

State Department Cuts Some Mexico Drug War Funding Over Human Rights Concerns. The State Department has concluded that Mexico failed to reach some human rights goals in its drug war, triggering the cutoff of millions of dollars of drug war assistance. The move only affects a small portion of overall US drug war aid to Mexico, but does signal growing frustration with alleged abuses by Mexican security forces. Some 15% of aid provided to Mexican security forces is subject to human rights provisions, meaning that Mexico lost $5 million of a total of $148 million in US drug war funding this year. That $5 million was instead diverted to Peru to help finance coca eradication.

Mexico Supreme Court to Take Up Marijuana Legalization Next Week. The high court is set to discuss a legal challenge that could effectively legalize the use and production of marijuana. The challenge comes from a non-profit that filed an injunction against the Mexican health regulatory body COFEPRIS over a 2013 ruling by that body. The hearing is set for October 28.

Norway's Two Largest Cities to Move Toward Giving Free Heroin to Addicts. The cities of Oslo and Bergen are set to begin heroin-assisted treatment pilot programs after the Labor Party won local elections there, but they will have to win approval from the national parliament first. Parliament rejected a 2012 effort to start the programs. Norway has the world's second highest drug overdose rate, after Estonia.

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Chronicle AM: Canada Election Should Bring MJ Legalization, Ohio Init in Dead Heat, More (10/20/15)

Canada's Liberals have vowed to legalize marijuana, and now they've just won the election; the Ohio pot legalization initiative looks like it will be a squeaker, a federal judge rules in favor of marijuana businesses in legal states, and more.

Marijuana Policy

New Poll Has Ohio Legalization Initiative in Dead Heat. A University of Akron Buckeye poll released today has the ResponsibleOhio legalization initiative at 46%, with 46% opposed and 8% undecided. But the poll also had 53% of respondents saying the initiative is a "bad idea" because it would grant an oligopoly on commercial marijuana growing (to the investors who funded the initiative). On Issue 2, an initiative aimed at invalidating initiatives that grant private inurement including by monopoly or oligopoly, 40% said they were in favor, 27% were opposed, and 32% were undecided. The election is two weeks from today. A Kent State University poll last week had the legalization initiative at 56%. Click on the link for more demographic and methodological information on today's poll.

Medical Marijuana

Brookings Institution Report Says Federal Government Stifles Medical Marijuana Research. Researchers at the think tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California Federal Judge Rules Feds Can't Shut Down Legal Marijuana Businesses. US District Court Judge Charles Breyer ruled Monday that the Justice Department is barred from prosecuting marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extend that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Asset Forfeiture

Former Dallas DA Accused of Misusing Asset Forfeiture Funds. Former Dallas County DA Craig Watkins is accused of spending asset forfeiture money for personal use, according to an audit expected to be released today. The audit shows that Watkins spent the money on everything from cell phone bills to travel expenses to the sponsorship of a football league. Seized funds paid for more than $50,000 worth of cell phone bills, and Watkins spent another $71,000 on public service announcements, other promotional activities, legal fees, and travel.

Drug Testing

West Virginia Senator Expresses Support for Drug-Testing Public Housing Residents. Sen. Joe Manchin (D) told the West Virginia Council of Churches Monday that he supported drug testing public housing residents. He said he got the idea from schoolchildren with addicted parents. Drug testing public housing residents is "something that we have to consider," he said. Courts have previously struck down similar testing programs, viewing them as illegal, warrantless searches.

International

Canada's Liberals Sweep to Victory -- With Marijuana Legalization in Platform. Led by Justin Trudeau, Canada's Liberal Party swept to a strong victory in Monday's elections. The Liberals won 184 seats. They only needed 170 seats to form a majority in the 338-seat lower chamber. The Liberal platform included, among other things, marijuana legalization: "We will legalize, regulate, and restrict access to marijuana," the platform states. Marijuana prohibition doesn't prevent youth use, causes socially disruptive and expensive arrests, and supports organized crime, the statement adds. "We will remove marijuana consumption and incidental possession from the Criminal Code, and create new, stronger laws to punish more severely those who provide it to minors, those who operate a motor vehicle while under its influence, and those who sell it outside of the new regulatory framework."

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Chronicle AM: Gallup Poll: 58% for Marijuana Legalization, MI Forfeiture Reforms Signed, More (10/21/15)

The trend toward supporting marijuana legalization is becoming ever more apparent, asset forfeiture reforms become law in Michigan, but get attacked by law enforcement in Tennessee, harm reductionists call on the UN to officially release a drug decriminalization document, and more.

Marijuana Policy

New Gallup Poll Has Support for Marijuana Legalization at 58%. A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. Gallup says that figure is likely to continue to increase, thanks both to younger residents being more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization. Click on the title link for our Chronicle news brief on the poll.

Asset Forfeiture

Michigan Governor Signs Asset Forfeiture Reform Package. Gov. Rick Snyder (R) Tuesday signed into law a seven-bill package aimed at beginning to rein in asset forfeiture abuses in the state. The bills don't end civil asset forfeiture, but increase the burden of proof required to seize and keep confiscated property and require law enforcement agencies to file annual reports documenting their seizure activities.

Tennessee Cops Lobby Against Asset Forfeiture Reform. Law enforcement officials Monday lobbied lawmakers to not adopt asset forfeiture reforms in the Volunteer State. Shelby County Prosecutor Steve Jones, said seizing assets to fund policing activities was "government at its best" and warned that changing the law would result in more crime. He wasn't the only one. Click on the link for more.

Drug Testing

Unions Fight Truck Driver Hair Drug Testing. The AFL-CIO's Transportation Trades Department is trying to stop a proposal that would allow hair drug testing for truck drivers. The proposal is included in a highway bill that passed the Senate in July. The union has no problem with urine testing, which has been in place since 1991, but says that hair testing is untested. "[Health and Human Services] has not approved hair specimen for use in drug tests, and no HHS-issued technical standards for hair testing exist -- and for good reason. Hair testing is not ready for primetime," the union said. The union argues that hair testing could cause positive test results from environmental exposure -- not just personal drug use.

West Virginia Lawmakers Continue to Ponder Welfare Drug Testing. Even though efforts to push through welfare drug testing have failed in the past, legislators Monday were back at it. At a hearing, state health officials told lawmakers fewer than 220 of 2,700 adults enrolled in the food stamp program were likely to use illegal drugs. The committee will continue to study the issue through the year, members said.

International

International Harm Reduction Conference Delegates Call on UN to Officially Release Leaked Drug Decriminalization Paper. More than 500 delegates at the International Harm Reduction Conference in Kuala Lumpur called on the UN Office on Drugs and Crime (UNODC) today to officially release a document proposing drug decriminalization. The paper had been leaked by Sir Richard Branson, prompting UNODC to say the paper was "not a final document." "The overwhelming support from our delegates today for the UNODC's drug decriminalization recommendations should embolden them to show brave leadership on this issue, and publish the document in its current form," said Rick Lines, head of the International Harm Reduction Association, which organized the conference.

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Chronicle AM: Federal Sentencing Reform Advances, OH Legalization Init in Dead Heat, More (10/22/15)

It's nail-biting time for marijuana legalizers in Ohio -- and for different reasons in California -- the Obama administration rolls out new measures to deal with heroin and prescription opiates, a federal sentencing reform bill advances, and more.

Marijuana Policy

Billionaire Philanthropist Sean Parker Circulating California Legalization Initiative Draft. Napster cofounder and early Facebook president Sean Parker has a team of lobbyists and political consultants circulating a draft legalization initiative this week. The move comes as the state's legalization effort is in turmoil, with state activists organized as ReformCA having drafted their own initiative, only to see national reform groups, such as the Drug Policy Alliance and Marijuana Policy Project, drift away. Click on the link for all the juicy details.

Another Ohio Poll Has Legalization Initiative in Dead Heat. A second poll this week has found the ResponsibleOhio legalization initiative race "too close to call." A new Bowling Green State University poll has the initiative supported by 44.4% of "likely voters," with 42.9% opposed. Among "definite voters," the measure does a bit better, getting 46% support, with 45% opposed and 9% undecided. Earlier this week, a University of Akron Buckeye poll had voters evenly split at 46%.

Heroin and Prescription Opiates

Obama Announces New Steps to Combat Heroin and Prescription Drug Abuse. The administration announced Wednesday that it is moving to increase access to drug treatment and to expand the training of doctors who prescribe opiates in a bid to fight high levels of heroin and prescription opiate use. The plan includes doubling the number of doctors who can prescribe the maintenance drug buprenorphine. The administration has a "sense of urgency that we at the federal level can do more to address this issue," said ONDCP head Michael Botticelli. Click on the link for much more.

Sentencing

Senate Judiciary Committee Approves Sentencing Reform and Corrections Act. The committee today voted 15-5 to advance the bill, S. 2123, which would reduce mandatory minimum drug sentences, expand the federal "safety valve," expand early release and reentry programming, and make other sentencing reforms retroactive.

International

Capture of Gulf Cartel Leader Sparks Weekend of Violence in Matamoros. The mayor of the Mexican border city just across the Rio Grande River from Brownsville, Texas, has warned residents to exercise caution and stay indoors after the arrest last Friday of a Gulf Cartel leader sparked a weekend of clashes between security forces and cartel gunmen. Prado "El Ciclon 7" Rodriguez, the cartel's Matamoros boss, was captured Friday morning, with traffic blockades and gunfights breaking out that same day and continuing through the weekend.

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