Drug War Chronicle #935 - July 14, 2016

In Surprise Reversal, Democrats Call for "Pathway" to Marijuana Legalization

Meeting in Orlando Saturday ahead of the Democratic National Convention later this month, the party's platform drafting committee dropped a moderate marijuana plank it had adopted only days earlier and replaced it with language calling for rescheduling pot and creating "a reasoned pathway to future legalization."

That amendment was on the verge of being defeated, with some committee members worrying that it went "too far" and that it would somehow undermine state-level legalization efforts, but then committee members proposed merely rescheduling -- not descheduling -- marijuana and added the undefined "pathway" language.

The amendment was then adopted on an 81-80 vote, leading to a period of contention and confusion as former Atlanta Mayor Shirley Franklin, the committee co-chair, entered a complaint that at least one member may not have been able to vote. That led to arguments between committee members and between members and non-voting observers, most of whom were Sanders supporters. The Washington Post reported that one Clinton delegate complained loudly that Sanders delegates "wanted 100% of everything."

But the new language prevailed when former Arkansas US senator Mark Pryor, a Clinton delegate, announced that while opponents of the language were unhappy that the earlier compromise language had been replaced, they weren't going to fight it.

"We withdraw the objection," Pryor said.

The marijuana amendment adopted by the platform committee reads:

"Because of conflicting laws concerning marijuana, both on the federal and state levels, we encourage the federal government to remove marijuana from its list as a Class 1 Federal Controlled Substance, providing a reasoned pathway for future legalization."

The earlier language had cited disparate racial enforcement of marijuana laws and urged support for state level "marijuana decriminalization," but only stated support for "policies that will allow more research to be done on marijuana, as well as reforming our laws to allow legal marijuana businesses to exist without uncertainty."

Bernie Sanders supporters didn't get the descheduling language they wanted, but they did get a commitment to rescheduling and they got the word "legalization" in there, even if the phrase "a reasoned pathway for future legalization" is a bit mealy-mouthed.

And the Democratic Party now has marijuana legalization as part of its platform.

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Medical Marijuana Update

The Republican platform committee rejects medical marijuana, medical marijuana research issues get a hearing in the Senate, Arkansas will vote on at least one medical marijuana initiative this fall -- maybe two -- and more.

On Monday, the GOP rejected a medical marijuana platform plank. Republican delegates meeting Monday in Cleveland ahead of the party's national convention voted against endorsing medical marijuana in their party platform. The vote came after contentious debate, with some delegates making claims about marijuana reminiscent of Reefer Madness. One delegate claimed people who commit mass murders are "young boys from divorced families, and they're all smoking pot," another compared medical marijuana to physically addictive and potentially lethal prescription opiates. Still, it took two voice votes for the measure to be voted down.

On Tuesday, a Senate subcommittee held a hearing on medical marijuana research. The US Senate Judiciary Subcommittee on Crime and Terrorism held the hearing on "Researching the Potential Medical Benefits and Risks of Marijuana." Testimony was heard from Sens. Kirsten Gillibrand (D-NY) and Cory Booker (D-NJ), who are original co-sponsors of medical marijuana legislation introduced last year in the Senate known as the Compassionate Access, Research Expansion, and Respect States (CARERS) Act (S 683). Other scheduled included officials from the National Institute on Drug Abuse (NIDA) and the Food and Drug Administration (FDA), among others.

Also on Tuesday, Senators Feinstein and Grassley called for expedited evaluation of the medical uses of CBD. The two Senate octogenarians have asked Attorney General Loretta Lynch and Health and Human Services Director Sylvia Burwell for the two agencies to work together to remove barriers to the scientific and medical evaluation of cannabidiol (CBD). The pair, who are, respectively, the co-chair and chair of the Senate Caucus on International Narcotics Control, made their request in a letter to the two agency heads.

Arkansas

Last Tuesday, the Arkansas Medical Cannabis Act qualified for the November ballot. Arkansans for Compassionate Care (ACC) has collected enough valid voter signatures to qualify its medical marijuana initiative for the November ballot, Secretary of State Mack Martin confirmed. A second initiative, the Arkansas Medical Marijuana Amendment, has yet to qualify for the ballot, and ACC is calling on its organizers to end their campaign and join forces.

Last Friday, supporters of the Arkansas Medical Marijuana Amendment handed in signatures. Backers of a proposed constitutional amendment to allow medical marijuana turned in more than 106,000 signatures to state officials, the last day for turn-ins. They need nearly 85,000 valid voter signatures, so this is going to be a nail-biter. Earlier this week, a competing medical marijuana initiative from Arkansans for Compassionate Care qualified for the ballot.

On Tuesday, the Health Department came out against the medical marijuana initiatives. The state Department of Health said in a statement that it opposed such initiatives because marijuana is not approved by the federal Food and Drug Administration and its legalization by popular vote is not grounded in "rigorous" science. A medical marijuana initiative from Arkansans for Compassionate Care has already qualified for the ballot, and the Arkansas Medical Marijuana Amendment has handed in some 106,000 signatures. It needs 85,000 valid ones to qualify.

California

Last Tuesday, the San Bernardino city council voted to put a dispensary regulatory system before the voters. The city council voted to put the measure on the November ballot even though a majority disapproves of it. Their hand was forced by a petition campaign that gathered more than 6,000 voter signatures. A second, competing proposal may also make the ballot.

Also last Tuesday, a Long Beach dispensary initiative qualified for the November ballot. City Clerk Maria de la Luz Garcia announced that an initiative to allow dispensaries has qualified for the November ballot. A city council member may try to add another ballot measure that would allow dispensaries, but with more restrictions.

Illinois

On Monday, officials reported climbing medical marijuana sales. The state saw $2.57 million in medical marijuana sales in June, up from $2.3 million in May, according to figures from the state Department of Agriculture. Sales total $13.8 million since the first dispensaries started operating last November. The numbers should increase even further once two new qualifying conditions -- PTSD and terminal illness -- come on line. They've already been approved, but the Department of Health is in the midst of preparing new rules and application forms.

Maine

On Tuesday, Mthe state rejected including opiate addiction as a qualifying condition for medical marijuana. The administration of Tea Party Gov. Paul LePage (R) has rejected a petition seeking to include opiate addiction on the state's list of qualifying conditions for medical marijuana. State officials said the case for inclusion was "compelling," but they also said human studies hadn't been done and more research was needed.

North Dakota

On Monday, a medical marijuana initiative campaign handed in signatures. The North Dakotans for Compassionate Care campaign handed in some 15,500 raw signatures for its medical marijuana initiative Monday, the last day for handing them in. The campaign needs 13,452 valid voter signatures to qualify, so there is very little cushion for invalidated signatures. Stay tuned.

On Wednesday, word came that the initiative campaign actually handed in 17,000 signatures. The North Dakotans for Compassionate Care campaign actually handed in some 17,000 raw signatures for its medical marijuana initiative Monday. Earlier reports had the number at 15,500. It's still going to a nail-biter to see if it qualifies for the ballot; it needs 13,452 valid voter signatures.

[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

A major Detroit corruption case comes to an end, a Pennsylvania cop gets nailed for accepting pain pills to let a drug dealer walk, an Ohio cop rips off the undercover drug buy fund, and more. Let's get to it:

In Cullman, Alabama, a state prison guard was arrested last Thursday for trying to smuggle drugs into the St. Clair Correctional Facility. Guard Deandre Price, 23, is charged with possession of a controlled substance and promoting contraband within a state correctional facility. He went down after being subjected to a search as he arrived at work.

In Detroit, two Detroit narcotics officers were convicted Tuesday of ripping off drug dealers for drugs and cash during raids. Officers David Hansberry, 34, and Bryan Watson, 47, were convicted of conspiracy to interfere with commerce by extortion and robbery and face up to 20 years in federal prison. A third officer, Kevlin Brown, 46, was acquitted. The convictions bring to an end a sensational scandal that has rocked the city for months.

In Wilkes-Barre, Pennsylvania, a former Dupont police officer was sentenced Monday to five to 12 months in prison for letting a drug dealer go free in exchange for pain pills. Kenneth Shotwell, 47, went down after he let another officer who was getting drugs from the dealer persuade him not to arrest the dealer if the dealer gave him some pills. He was convicted in March of bribery, official oppression, and obstructing justice. The other cop is now doing time in federal prison.

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Chronicle AM: AR MedMJ Makes Ballot, Roadside Drug Tests Send Innocent to Jail, More... (7/7/16)

Arkansas will join Florida in voting on medical marijuana in November, California's Prop 64 legalization initiative just got another $1.25 million from Sean Parker, a major investigative report finds that police field drug tests are shoddy, unreliable, and are sending innocent people to jail and prison, and more.

Cheap police field drug tests are unreliable and send innocent people to jail, a major investigative report has found.

Alaska Governor Signs Bill for National Criminal Background Checks on People Seeking Marijuana Business Licenses. Gov. Bill Walker (R) has signed into law Senate Bill 165, which will allow state regulators to send fingerprints acquired as part of the application process for marijuana business licenses to the state Department of Public Safety and FBI. Until now, regulators have been issuing licenses based on the applicant's sworn certification he does not hae a disqualifying criminal history.

Sean Parker Kicks in Another $1.25 Million for California Prop 64 Legalization Initiative. Former Facebook president and tech sector billionaire Sean Parker has just doubled his contribution to the Prop 64 campaign. Parker donated $1.25 million, bringing his total contributions so far to $2.5 million.

Medical Marijuana

Arkansas Medical Cannabis Act Qualifies for November Ballot. Arkansans for Compassionate Care (ACC) has collected enough valid voter signatures to qualify its medical marijuana initiative for the November ballot, Secretary of State Mack Martin confirmed Tuesday. A second initiative, the Arkansas Medical Marijuana Amendment, has yet to qualify for the ballot, and ACC is calling on its organizers to end their campaign and join forces.

California: San Bernardino Initiative to Allow Dispensaries Will Go to Voters. The city council voted Tuesday night to put a dispensary regulatory system before the voters in November, even though a majority disapproves of it. Their hand was forced by a petition campaign that gathered more than 6,000 voter signatures. A second, competing proposal may also make the ballot.

California: Long Beach to Vote on Allowing Dispensaries. City Clerk Maria de la Luz Garcia announced Tuesday that an initiative to allow dispensaries has qualified for the November ballot. A city council member may try to add another ballot measure that would allow dispensaries, but with more restrictions.

Drug Testing

Roadside Drug Tests Are Sending Innocent People to Jail. In a major investigative piece, Pro Publica and the New York Times Magazine have collaborated to examine the pervasive use of cheap drug field tests by law enforcement and have found that the test generate huge numbers of false positives, resulting in innocent people being jailed and wrongfully convicted of drug charges. Faced with possible prison sentences, many pleaded guilty to lesser charges despite being innocent of any crime.

International

Uruguay Marijuana Consumer Licensing System About to Get Underway. This month, Uruguay will begin signing up pot smokers to buy marijuana from state-licensed pharmacies in the world's first scheme for state-licensed production and sale of the herb. The first crop is being harvested and should be available for sale by mid-August.

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Chronicle AM: NORML's Allen St. Pierre to Step Down, Push for Stronger Dem MJ Plank, More... (7/8/16)

It's all marijuana policy today, with pressure on the Democratic platform committee, the long-time NORML head stepping down, organized opposition to legalization rumbling in California and Massachusetts, and more.

Allen St. Pierre will resign as head of national NORML. Thanks for everything, and good luck. (www.normlucf.com)

Congressman, Drug Reformers Urge Democrats to Firm Up Marijuana Reform Plank. Rep. Earl Blumenauer (D-OR) and several national drug reform groups sent a letter Friday to the Democratic National Committee Platform Committee urging members to strengthen the party's lukewarm position on marijuana reform by adding one simple sentence: "We support ending the failed federal marijuana prohibition." Blumenauer was joined by Clergy for a New Drug Policy, Doctors for Cannabis Regulation, Drug Policy Action (the lobbying arm of the Drug Policy Alliance), Law Enforcement Against Prohibition, the Marijuana Policy Project, the National Cannabis Industry Association, NORML, and Students for Sensible Drug Policy. The platform committee is considering language Friday and Saturday.

Allen St. Pierre to Step Down as Head of NORML. After nearly a quarter-century as the group's executive director, St. Pierre is calling it quits. He's now a husband and a new father, and paying for a family lifestyle "is not possible while working for NORML," he said. Thank you, Allen, and best of luck in the future.

Alaska Regulators Give Preliminary Approval for Take-Away Marijuana at Cannabis Clubs. The Marijuana Control Board has amended its draft regulations for on-site consumption at pot retail shops to allow customers to purchase pot, consume some on-site, and then leave with the rest of the purchase. Before the amendment was accepted, previous language said customers "may not" leave the premises with any unused product. These are still just draft regulations.

California Prosecutors Announce Opposition to Prop 64. Now there's a shocker. The board of directors of the California District Attorneys Association has voted unanimously to oppose Prop 64, the Adult Use of Marijuana Act (AUMA) legalization initiative. The DAs warned of "dangerously impaired drivers getting behind the wheel and injuring or killing innocent Californians" and said the initiative would allow "drug dealers" to "infiltrate" the legal marijuana industry by not barring people with previous marijuana convictions.

Massachusetts Legalization Opponents Kick Off Campaign. Some of the state's leading politicians, including Gov. Charlie Baker (R), Boston Mayor Marty Walsh (D), and House Speaker Robert DeLeo (D) Friday formally launched their campaign to defeat the legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol. The kickoff was set for a "recovery high school" Friday afternoon.

Washington State Recreational Pot Sales At Billion Dollar Mark. The Seattle Post-Intelligencer reported Friday that sales have surpassed $1 billion since weed was legalized in in 2014. The official state website said sales were only $979,937,722, but whatever the precise figure, marijuana is now Washington's billion dollar baby.

Medical Marijuana

Arkansas Medical Marijuana Amendment Supporters Hand in Signatures. Backers of a proposed constitutional amendment to allow medical marijuana turned in more than 106,000 signatures to state officials Friday, the last day for turn-ins. They need nearly 85,000 valid voter signatures, so this is going to be a nail-biter. Earlier this week, a competing medical marijuana initiative from Arkansans for Compassionate Care qualified for the ballot.

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Chronicle AM: House Passes Opioid Bill Without $$, CA Drug Felonies Plummet, More... (7/11/16)

California felony drug arrests are down, Colombian coca production is up, the Arizona marijuana legalization initiative is trailing in a new poll, Congress moves toward final passage of the Comprehensive Addiction and Recovery Act, but there's a fight over funding, and more.

The House passes the Comprehensive Addiction and Recovery Act, but spurns efforts to pay for it. (wikimedia.org)

Arizona Poll Has Legalization Initiative Trailing. A new poll from O.H. Predictive Insights has the legalization initiative sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol losing on election day. The poll found 52.5% opposed, with only 39% in favor. The initiative has not yet officially qualified for the ballot, but is expected to after supporters handed in 100,000 more signatures than needed, providing plenty of cushion for invalidated signatures. The campaign does have significant resources; it looks like it will need them to turn the numbers around.

Arizona Supreme Court Rules Mere Smell of Marijuana is Grounds for Search, Even Though It's a Medical Marijuana State. The state's high court ruled Monday that the mere smell of marijuana is sufficient grounds to obtain a search warrant, even though the state has legalized medical marijuana. But the court also held that the legal foundation for such a search can go up in smoke if police have evidence the suspected marijuana use or possession is legal under state law. The case is State v. Sisco.

North Dakota Legalization Initiative Campaign Comes Up Short. North Dakotans will not be voting on marijuana legalization this fall. Sponsors of the initiative conceded Monday they only had about 10,000 signatures, and they needed 13,452 valid signatures to qualify. Monday was the deadline for turning in signatures.

Medical Marijuana

Illinois Medical Marijuana Sales Continue Climbing. The state saw $2.57 million in medical marijuana sales in June, up from $2.3 million in May, according to figures from the state Department of Agriculture. Sales total $13.8 million since the first dispensaries started operating last November. The numbers should increase even further once two new qualifying conditions -- PTSD and terminal illness -- come on line. They've already been approved, but the Department of Health is in the midst of preparing new rules and application forms.

North Dakota Medical Marijuana Initiative Campaign Hands in Signatures. The North Dakotans for Compassionate Care campaign handed in some 15,500 raw signatures for its medical marijuana initiative Monday, the last day for handing them in. The campaign needs 13,452 valid voter signatures to qualify, so there is very little cushion for invalidated signatures. Stay tuned.

Heroin and Prescription Opioids

House Approves Comprehensive Addiction and Recovery Act, But Without Requested Funding. The House last Friday gave final approval to S. 524, the Comprehensive Addiction and Recovery Act (CARA), but beat back Democratic efforts to provide additional funding for it. The Obama administration had asked for $1.1 billion, and House Democrats tried in vain last week to $925 million in funding. The White House has suggested it may veto the bill if no extra funding is attached. House Republicans said funding was available elsewhere. The measure is a conference committee compromise, with the Senate set to give final approval this week.

Sentencing

California Drug Felony Arrests Plummet in Wake of Prop 47. What happens when you change drug felonies to misdemeanors? Drug felonies plummet. Felony drug arrests in California dropped between 68% and 73% between 2014 and 2015 according to new data from the California Attorney General. Marijuana felonies followed a similar curve, dropping from 13,300 in 2014 to 8,856 last year. On the other hand, misdemeanor drug arrests nearly doubled, from 92,469 in 2014 to 163,073 last year.

International

Poll Finds Majority of British MPs Favor Medical Marijuana. Some 58% of British MPs back the use of medical marijuana, according to the polling firm Populus. Only 27% were opposed. Support was strongest among Scottish National Party MPs (88%), followed by Labor (60%), and even 55% of Tories were on board.

Colombia Coca Boom Underway. The UN Office on Drugs and Crime reported last Thursday that coca cultivation had increased by 39% last year and nearly doubled since 2013. Some observers speculate that it reflects coca growers' belief that this could be the last chance to grow the cash crop before a peace deal between the government and the leftist guerrillas of the FARC takes hold. Colombia government officials said the largest increases in cultivation are in areas controlled by the FARC.

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Chronicle AM: GOP Rejects MedMJ, Colombia & FARC Collaborate on Coca Substitution, More... (7/12/16)

Medical marijuana is getting some attention on Capitol Hill, Arizona legalization foes go to court to try to block the initiative, Maine rejects medical marijuana for opiate addiction, Colombia and the FARC rebels partner on a coca crop substitution pilot program, and more.

Colombian coca farmer (DEA Museum)

Arizona Prohibitionists File Lawsuit to Block Legalization Initiative. Legalization opponents Arizonans for Responsible Drug Policy have joined two county attorneys in filing a lawsuit to block the Campaign to Regulate Marijuana Like Alcohol's legalization initiative from going before voters in November. The lawsuit claims the initiative is "misleading" and is not accurately summarized by its title and text. Legalization opponents in Massachusetts tried a similar tactic earlier this year. They failed.

Michigan Asks Judge to Throw Out Legalization Group's Ballot Access Challenge. The state is asking the Court of Claims to dismiss a lawsuit from MI Legalize, which is seeking to place its legalization initiative on the November ballot. The group gathered more than 350,000 signatures and only needed some 252,000 to qualify, but some of those signatures were obtained outside a 180-day window generally mandated by state law. In seeking dismissal, the state argues that there isn't enough time to get the measure on the ballot now, the lawsuit fails to identify constitutional claims and contradicts earlier state Supreme Court rulings.

Kansas City Marijuana Advocates Launch Decriminalization Initiative Campaign. The Kansas City, Missouri, NORML branch is collecting signatures to get a decriminalization initiative on the November ballot. The proposal would decriminalize up to 35 grams of pot, with a maximum fine of $25. The group needs 1,708 valid voter signatures by August 25, but says it plans to gather hundreds more than that and has 800 already.

Medical Marijuana

GOP Rejects Medical Marijuana Platform Plank. Republican delegates meeting Monday in Cleveland ahead of the party's national convention voted against endorsing medical marijuana in their party platform. The vote came after contentious debate, with some delegates making claims about marijuana reminiscent of Reefer Madness. One delegate claimed people who commit mass murders are "young boys from divorced families, and they're all smoking pot," another compared medical marijuana to physically addictive and potentially lethal prescription opiates. Still, it took two voice votes for the measure to be voted down.

Senate Subcommittee Hearing on Medical Marijuana Research Today. The US Senate Judiciary Subcommittee on Crime and Terrorism is scheduled to hold a hearing today on "Researching the Potential Medical Benefits and Risks of Marijuana." Testimony will be heard from Sens. Kirsten Gillibrand (D-NY) and Cory Booker (D-NJ), who are original co-sponsors of medical marijuana legislation introduced last year in the Senate known as the Compassionate Access, Research Expansion, and Respect States (CARERS) Act (S 683). Other scheduled witnesses include officials from the National Institute on Drug Abuse (NIDA) and the Food and Drug Administration (FDA), among others.

Senators Feinstein and Grassley Call for Expedited Evaluation of Medical Uses of CBDs. The two Senate octogenarians have asked Attorney General Loretta Lynch and Health and Human Services Director Sylvia Burwell for the two agencies to work together to remove barriers to the scientific and medical evaluation of cannabidiol (CBD). The pair, who are, respectively, the co-chair and chair of the Senate Caucus on International Narcotics Control, made their request in a letter to the two agency heads.

Maine Rejects Including Opiate Addiction as Qualifying Condition for Medical Marijuana. The administration of Tea Party Gov. Paul LePage (R) has rejected a petition seeking to include opiate addiction on the state's list of qualifying conditions for medical marijuana. State officials said the case for inclusion was "compelling," but they also said human studies hadn't been done and more research was needed.

International

Colombia and FARC Rebels Begin Coca Substitution Pilot Program. The government and the guerrillas Sunday began a pilot project to wean farmers off coca by offering them alternative crops. The move comes as the UN Office on Drugs and Crime reports that coca production is booming in what farmers see as a last opportunity to cash in before peace allows for a serious crop substitution effort. Some 500 small farmers are voluntarily participating in the program, which will be used as a model for the rest of the country after the FARC and the government reach final peace agreements.

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Chronicle AM: NYC K2 Panic, Sen. Feinstein Rejects Marijuana Initiative, More... (7/13/2016)

Feinstein comes out against California's Prop 64, the Arkansas Health Department comes out against medical marijuana initiatives, an outbreak of synthetic cannabinoid overdoses in New York City raises alarms and more reasoned responses, and more.

K2 strikes in New York City! (Wikimedia/Creative Commons)

Senator Dianne Feinstein Opposes California Legalization Initiative. US Sen. Dianne Feinstein (D-CA) has formally opposed the Prop 64 legalization initiative. In remarks Tuesday, she said the measure lacked protections for children and motorists and would clash with the state's medical marijuana system. "I am not really for recreational use of marijuana," she said. "Medical use, yes."

Medical Marijuana

Arkansas Health Department Opposes Medical Marijuana Initiatives. The state Department of Health said in a statement Tuesday that it opposed such initiatives because marijuana is not approved by the federal Food and Drug Administration and its legalization by popular vote is not grounded in "rigorous" science. A medical marijuana initiative from Arkansans for Compassionate Care has already qualified for the ballot, and the Arkansas Medical Marijuana Amendment has handed in some 106,000 signatures. It needs 85,000 valid ones to qualify.

North Dakota Activists Actually Handed in 17,000 Signatures. The North Dakotans for Compassionate Care campaign actually handed in some 17,000 raw signatures for its medical marijuana initiative Monday. Earlier reports had the number at 15,500. It's still going to a nail biter to see if it qualifies for the ballot; it needs 13,452 valid voter signatures.

New Psychoactive Substances

Outbreak of "Synthetic Marijuana" Overdoses in New York City. On Tuesday, emergency workers had to transport 33 people suspected of overdosing on synthetic cannabinoids commonly referred to as K2 to local hospitals. Locals and press reports refer to the victims as "zombies." The outbreak occurred at the border of the Bedford-Stuyvesant and Bushwick neighborhoods in Brooklyn.

Drug Policy Alliance Responds to K2 Outbreak, Media Coverage. The piece by DPA Director of Academic Engagement Dr. Julie Netherland notes that the synthetic cannabinoid market is completely unregulated and people who use those substances do not know what they are getting. She also points out that one of the primary factors driving the use of such substances is marijuana prohibition. And more.

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