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Chronicle AM: CA Acts to Boost Struggling Cannabis Industry, WV Students Face Drug Tests, More... (6/17/09)

California officials are cutting legal operators some slack in a bid to boost the marijuana industry, Virginia's attorney general calls for marijuana decriminalization, West Virginia is demanding students seeking free community college tuition undergo drug testing, and more.

State officials are easing up on permitting to give the legal industry some breathing room. (Creative Commons)
Marijuana Policy

In Bid to Boost Legal Cannabis Industry, California Plans to Extend Provisional Permits for Growers and Sellers. State officials plan to extend the period that marijuana growers and sellers can operate with provisional licenses by five more years, giving them more time to get in compliance with stricter rules required for regular permits. The state's legal industry is having a hard time getting off the ground in the face of high taxes and stiff regulatory hurdles. Only 208 growers have obtained regular, annual licenses and another 1,532 are operating with provisional permits. That's a tiny fraction of all marijuana growers in the state. Similarly, only 39 marijuana retailers have regular licenses, with another 2,751 operating on provisional or temporary permits.

Virginia Attorney General Calls for Marijuana Decriminalization and Expungement, and Eventual Legalization. Attorney General Mark Herring has called for the decriminalization of small amounts of marijuana, as well as expungement for old marijuana offenses, with an eye toward eventual legalization. "The human and social costs are enormous, in addition to the millions of dollars it costs Virginia taxpayers," Herring wrote in an op-ed Saturday. "And the negative consequences of the current approach fall disproportionately on African Americans and people of color."

Medical Marijuana

Gallup Poll Finds Americans Want CBD OTC. Americans familiar with CBD want it sold over the counter without a prescription by a margin of 61% to 33%, according to a Gallup poll released last Friday. More than a third (36%) of respondents were not familiar with CBD. When they are included, the figure for support for OTC CBD declined to 39%.

Drug Policy

California's Santa Clara County Will Stop Prosecuting People for Minor Drug Offenses. The Santa Clara County (San Jose) District Attorney's Office announced last Friday it will stop prosecuting most minor drug offenses. Only people who already have two drug offenses will be prosecuted under the new policy. "We are drawing a line between public health and public safety," said Brian Buckelew, a Supervising Deputy District Attorney. "If there's no other criminality, if someone is arrested with a meth pipe, or personal use methamphetamine, that person needs treatment. But should that person get treatment in the criminal justice system at great expense to the taxpayers? We have concluded they should not."

Drug Testing

West Virginia Students Will Have to Pass Drug Test to Get Free Tuition at Community Colleges. Students who are expecting free college tuition under the West Virginia Invests program will be required to pass drug tests in order to be eligible. That's after the state Community and Technical College System's board approved the move at a meeting last Thursday. While the law creating the program demanded drug testing, it did not specify which drugs should be tested for. The board decided to test for THC, marijuana's high-inducing ingredient, alongside opiates, oxycodone, hydrocodone, cocaine, amphetamines and other drugs. The policy went through no public comment period, and even one board member questioned why marijuana was on the list.

Chronicle AM: CT Legalization Could Get Vote Soon, Chinese Fentanyl Will Keep Coming, More... (5/16/19)

A federal bill to protect immigrants working in the marijuana industry gets filed, the Oregon Senate approves a marijuana interstate commerce bill, the San Antonio DA is no longer prosecuting picayune drug possession cases, RAND says China will have a hard time stopping fentanyl, and more.

A deadly dose of fentanyl. China won't be able to stop exports, a RAND report says. (DEA.gov)
Marijuana Policy

New Congressional Bill Aims to Resolve Marijuana Industry Border Issues. Rep. Earl Blumenauer (D-OR) on Tuesday filed a bill which would clarify that using marijuana in compliance with state or foreign law, or working in the legal industry, wouldn't disqualify people from entering the US. The legislation, the Maintaining Appropriate Protections for Legal Entry (MAPLE) Act, updates a bill Blumenauer filed in December to protect Canadians working in the marijuana industry from being denied entry to the US. The bill is not yet available on the congressional web site.

Connecticut Could See Marijuana Legalization Vote in Next Three Weeks. House Speaker Joe Aresimowicz said Wednesday that the legislature could vote on legalizing marijuana in the next three weeks instead of pushing it into a special session. The regular session ends on June 5. Aresimowicz said the General Law Committee is making progress is melding together multiple bills into a single measure. "It looks as though we may have a bill that could be ready for action," Aresimowicz said. "We have the entire next week to do all these major bills and get them up to the Senate in a time that would be appropriate for action."

Oregon Senate Approves Marijuana Interstate Commerce Bill. The Senate on Wednesday passed a bill that would allow the governor to negotiate agreements with other states to export and import marijuana products across state lines. SB 582 now goes to the House.

Hemp

Texas Senate Unanimously Approves Hemp Bill. The Senate on Wednesday unanimously approved HB 1325, which would legalize the farming of industrial hemp in the state. The bill now heads to the desk of Gov. Greg Abbott (R).

Higher Education

Senate Democrats File Bill to Protect Students with Drug Convictions from Losing Federal College Aid. Four Senate Democrats, including presidential contenders Cory Booker (NJ) and Kirsten Gillibrand (NY) have filed a bill to streamline the federal student financial aid application process, which would also remove the question about prior drug convictions. The drug conviction question has cost thousands of students access to loans and grants since it was added to the form in a 1998 reform of the Higher Education Act.

Law Enforcement

Houston Police Investigation into Fatal Botched Drug Raid Now Goes to Prosecutors. The Houston Police Department has ended its investigation into a January drug raid that left a middle-aged couple dead after a Houston narcotics officer apparently lied on a search warrant that a heroin buy had taken place at their home. Police found no heroin, and only personal use amounts of marijuana and cocaine. Two of the officers involved have already resigned. "The Houston Police Department has completed the criminal investigation and the officer-involved shooting investigation regarding the incident at 7815 Harding Street on January 28, 2019," Chief Art Acevedo said in a statement Wednesday afternoon. "Today, each of these separate investigations have been turned in to the Harris County District Attorney's Office."

San Antonio DA Has Quit Prosecuting Miniscule Drug Possession Cases. Bexar County District Attorney Joe Gonzalez has confirmed that his office is no longer prosecuting drug possession cases where the amount involved is less than a quarter gram. The policy has been in place since early this year. "I've got to make the decision as the top law enforcement officer in this county to make the best uses of the manpower that I have and the limited resources that I have," said Gonzales.

International

China Unlikely to Curb Fentanyl Exports in Short-Term. A new RAND Corporation report that examines China's pharmaceutical industry warns that it is unlikely to be able to curb fentanyl exports in the near future. "China's leaders recognize that they have a problem and appear committed to seeking solutions," report coauthor and Rand analyst Bryce Pardo said. "But it is unlikely that they can contain the illicit production and distribution of fentanyl in the short term because enforcement mechanisms are lacking. Producers are quick to adapt, impeding Chinese law enforcement's ability to stem the flow to global markets."

Mexican Drug Cartels Now Make Their Own Cocaine, Colombia Says. Colombian police report that drug traffickers are now exporting not just refined cocaine but also cocaine base, which they say means Mexican drug cartels must be operating their own laboratories to refine the drug themselves. The move comes after the Colombian government imposed tighter restrictions on precursor chemicals for refining raw coca into cocaine. Mexican authorities say they have seen no evidence of cocaine labs, though.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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.)

Chronicle AM: MS MedMJ Petitioning On Track, Kamala Harris on Pardons for Drug Prisoners, More... (4/25/19)

Texas decriminalization gets walked back a step, a Mississippi medical marijuana initiative already has lots and lots of signatures, Kamala Harris talks pardons for drug war prisoners, and more.

The Texas decriminalization bill just became a misdemeanor and expungment bill.
Marijuana Policy

Texas Decriminalization Bill Modified to Not Quite Decriminalization. Ahead of House floor debate set for today, Rep. Joe Moody (D-El Paso), the author of the decriminalization bill, HB 63, has rewritten the measure so that possession of an ounce or less remains a misdemeanor, but with a near automatic expungement of any criminal record if the person completes probation. "Without leaving some criminal component in it, I probably couldn't get the bill through the process and across the governor's desk," Moody said. "I didn't want to come this far and make perfect the enemy of good."

Medical Marijuana

Mississippi Medical Marijuana Initiative Signature-Gathering in Good Shape. Medical Marijuana 2020, the group behind a state medical marijuana initiative campaign, has already collected 96,000 raw signatures with months to go. The campaign needs 86,000 verified voter signatures to qualify for the November 2020 ballot. The campaign will likely need to collect several tens of thousands more signatures, in order to have that many left after the inevitable disqualifications. But things appear to be on track.

North Dakota Governor Signs Medical Marijuana Bill Package. Gov. Doug Burgum (R) has signed into law four bills related to the state's medical marijuana program: HB 1417 will allow greater amounts of marijuana for cancer patients; HB 1519 expands qualifying conditions to include (among others) anorexia, bulimia, and brain injury; HB 1119 provides for the removal of social security numbers from program documents and declares an emergency to do so; and HB 1283 amends parts of the written certification requirements.

Heroin and Prescription Opioids

Trump Defends Administration Opioid Policy. Addressing the Rx Drug Abuse and Heroin Summit in Atlanta Wednesday, President Trump said his administration had made "tremendous progress" on the issue in the face of critics who argue that the drug czar's office (ONDCP) has done little to combat the crisis and that a law passed last year did not adequately fund drug treatment.

Pardons and Commutations

Kamala Harris Says She Will Pardon Low-Level Drug Prisoners If Elected. Sen. Kamala Harris (D-CA) said Wednesday she would pardon low-level drug prisoners if she becomes president. "Absolutely," she said when asked about using the power of commutation. "We have to have the courage to recognize that there are a lot of folks who have been incarcerated who should not have been incarcerated and are still in prison because they were convicted under draconian laws that have incarcerated them… for what is essentially a public health issue." Her remarks came at a She the People town hall in Houston.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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.)

Chronicle AM: MA Legal Pot Rules Set, New Effort to Delete HEA Drug Question, More... (3/7/18)

Bay State regulators have finalized their rules for the legal pot industry, red states are in CBD fights, the Israeli decriminalization bill advances, a new move to get rid of the HEA's drug question is set, and more.

The outline of Massaachusetts' marijuana industry has been set. (Wikimedia)
Marijuana Policy

Massachusetts Legal Pot Regulations Are Set. The state's Cannabis Control Commission voted unanimously Tuesday to finalize the rules that will govern its newly legal industry. Among the highlights: No social consumption or home delivery for now, medical marijuana dispensaries transitioning to adult sales must set aside 35% of their product for the next six months for registered patients, cultivators are capped at 100,000 square feet, and people convicted of trafficking hard drugs are essentially barred from the industry.

Wyoming Edibles Bill Advances. The House Judiciary Committee voted Tuesday to approve a bill clarifying state law that possession of marijuana edibles may be charged as a felony. Senate File 0023 was amended to make possession of more than 36 ounces of edibles a felony. The version approved earlier by the Senate set that amount at only three ounces. The bill now heads for the House floor, but will have to go back to the Senate if approved as amended. 

Medical Marijuana

Idaho Senate Vacates Controversial Vote That Killed CBD Bill. The Senate Health and Welfare Committee on Tuesday vacated Monday's vote killing a CBD cannabis oil bill, House Bill 577. The move to vacate come from committee Chair Lee Heider (R), who admitted that the vote in his office Monday violated the state's open meeting law. But it's not clear if Heider will allow another vote on the bill.

Indiana Senate Passes CBD Bill. The Senate voted Tuesday to approve House Bill 1214, which would allow for the legal purchase and sale of CBD cannabis oil. Another CBD bill, Senate Bill 52, has already passed the Senate. The two bills will likely be consolidated and debated again in conference committee.

Kentucky Medical Marijuana Bill Gets Law Enforcement Opposition. In a second day of hearings on a medical marijuana bill, House Bill 166, law enforcement stepped up to speak out against the bill. The local prosecutors' association warned allowing medical marijuana would worsen the state's drug problems; the state Narcotics Officers' Association also opposed it, citing a provision that would allow patients to grow up to 12 plants. No vote was taken.

Higher Education

New Push to End HEA Drug Provision to Get Underway. At least one Democrat on the Senate Education Committee will move to end the inclusion of a question about prior drug convictions when the Higher Education Act is reauthorized this year. About a thousand students a year lose access to financial aid because of the question, and Sen. Bob Casey (D-PA) says he will reintroduce legislation to kill it this year.

International

Israeli Knesset Gives First Approval to Pot Decriminalization Bill. A bill that would decriminalize the possession of small amounts of marijuana passed unanimously in its first reading in the Knesset Wednesday. Legalization supporter MK Tamar Zandberg (Meretz) said passing the bill marks "another important step on the road to our victory," adding that it is "far from perfect, but it is a foot in the door on the way to a policy of full legalization."

Chronicle AM: WV "Free College" Bill Requires Drug Testing, NM MJ Init Bill Moves, More... (2/2/18)

It's a longshot, but New Mexican could get a chance to vote on marijuana legalization this fall, an Iowa bill to lower pot penalties advances, so does a New Jersey hemp bill, and so does a West Virginia bill that would make community college free -- but only if students first pass drug tests.

Marijuana Policy

Florida Legalization Initiative Comes Up Short on Signatures. Regulate Florida, the group behind an effort to put a marijuana legalization initiative on the November ballot, says it doesn't have nearly enough signatures to qualify this year. The group needed 300,000 signatures to qualify, but has only gathered 40,000. The group says it is now eyeing 2020.

Iowa Bill to Reduce Marijuana Penalties Advances. The Senate Judiciary Committee approved a bill lowering the penalties for the possession of small amounts of marijuana. Senate File 432, sponsored by Sen. Brad Zaun (R-Urbandale) would classify a first offense for possession of five grams or less of marijuana as a simple misdemeanor, punishable by no more than 30 days in jail and a fine of $625.

New Mexico Legalization Initiative Bill Advances. The Senate Rules Committee on Friday approved Senate Joint Resolution 4, which if passed by the legislature would place the question of marijuana legalization before the voters in November. But there are only two weeks left in the session, and the bill must still get through the Senate Judiciary Committee, the full Senate, and the House before then.

Oregon US Attorney Holds Summit on Pot Surplus, Issues Subtle Threat. Oregon US Attorney Billy Williams convened a marijuana summit Friday with state, law enforcement, and tribal and industry leaders about how to address what he says is surplus marijuana that has ended up in the black market. He also warned that how state actors address this issue could influence his prosecutorial decisions: "I have significant concerns about the state's current regulatory framework and the resources allocated to policing marijuana in Oregon," Williams wrote in The Oregonian, adding that the summit and the state's response to his concerns would "inform our federal enforcement strategy."

Medical Marijuana

Kentucky Sees a Second Medical Marijuana Bill. Sen. Stephen West (R-Paris) has filed Senate Bill 118, which would allow patients with certain specified medical conditions to use any form of marijuana. A companion bill has been filed in the House. Last month, Democratic Secretary of State Allison Grimes filed another medical marijuana bill, House Bill 166.

Texas Sees First Delivery of CBD Cannabis Oil to Patient. A six-year-old boy suffering from epilepsy became the first patient in the state to receive CBD cannabis oil Thursday -- more than two years after Gov. Greg Abbott (R) signed a law legalizing its use. The delivery came from Knox Medical in Schulenburg.

Hemp

New Jersey Hemp Bill Advances. The Assembly Agriculture Committee voted Thursday to approve a bill that would allow farmers to grow hemp. The measure, Assembly Bill 1330, is sponsored by Assembly Majority Leader Reed Gusciora (D-Mercer County).

Drug Testing

West Virginia Bill for Free Community College Would Require Drug Testing of Students. The state Senate voted unanimously Tuesday to approve Senate Bill 284, which would create a benefit to cover community college education costs not covered by Pell grants or other student aid. But there is a catch: Prospective students would have to pay for, take, and pass, a drug test before they would be eligible. The bill now goes to the House.

Action Alerts, #GivingTuesday, Issue 1000, Remembering Rep. Hinchey

I hope that those of you who mark Thanksgiving had a good holiday. I'm writing today with some time-sensitive action alerts for those of us in the US, with some updates related to our organization, and some observations on recent news.

1. Medical Marijuana Is Under Threat: As you may have read on our web site and from other sources, medical marijuana in the US is facing its greatest threat in years. Since late 2014, legislation currently known as the Rohrabacher-Blumenauer amendment, a clause of the "Commerce, Justice, Science and Related Agencies" (CJS) budget, has protected medical marijuana providers, by forbidding the US Dept. of Justice from spending taxpayer funds to interfere with state medical marijuana laws.

Unfortunately, like other laws related to the budget, the amendment needs to be reauthorized by Congress each year to stay in effect. And while it's passed in the Senate already, Republican leaders in the House of Representatives prevented the well-supported bipartisan measure from getting a vote. This situation means that the fate of the amendment, and perhaps of medical marijuana itself, will be decided by a House-Senate "conference committee" charged with reconciling the two chambers' CJS bills. If that fails to happen, there's no telling what the Jeff Sessions Justice Department under the Trump administration will do.

Our request is for you to call your US Representative's office in Washington, DC and ask them to support medical marijuana by insisting the Rohrabacher-Blumenauer amendment be included in the final version of the Commerce Justice Science appropriations bill. You can reach your rep's office through the Congressional Switchboard at (202) 224-3121. Please email us at [email protected] to let us know, especially if the office tells you anything about what your congressman plans to do. I also hope you'll fill our our write-to-Congress form on this issue here– that will enable us to let you know if you're in a state or district represented on the conference committee.

There is likely to a Continuing Resolution on the budget by Friday, December 8th, when the current resolution expires. Please take action on this before then.

2. We Still Need Your Help to Stop the Philippines Drug War Bloodbath: Last week I emailed and posted about S. 1055, the "Philippines Human Rights Accountability and Counternarcotics Act of 2017," which would impose human rights conditions on law enforcement assistance to the Philippines, while funding good programs there that provide alternatives to the drug war. This week Pres. Duterte signaled that he plans to ramp up his drug war killing campaign again.

President Trump has contributed to the slaughter, first by praising Duterte's anti-drug campaign two times while the killings continued, and then through his silence or near-silence on the matter at the ASEAN Summit earlier this month. That means Congress needs to take action. Please write to Congress in support of S. 1055, and when you're done please ask your two US Senators to pass the bill, and your US Representative to support companion legislation in the House.

We especially need your help if your Representative is on the House Appropriations Committee, or if either of your Senators is on the Senate Appropriations Committee. We need your help triply more even than that, if you live in Tennessee, or in Rep. Ed Royce's Congressional district in the LA/Orange County area.

Here again we are asking you to act before December 8th before the new budget resolution gets done. And please check out our sign-on statement and press coverage to see what else we're doing about this.

3. #GivingTuesday: This Tuesday, November 28th, is #GivingTuesday, a global campaign by many individuals and organizations to encourage giving to 501(c)(3) nonprofit organizations. I hope you will take the opportunity to support our organization and other good causes you believe in.

I'm going to be honest and say that it has gotten harder to raise money for this kind of work, despite the great progress that we're making. We could use your help. If you've given in the past but not lately, or if you've been thinking of starting to support us financially, maybe #GivingTuesday will be the day! Our About page and other pages it links to have lots more information on our programs to help you decide.

The online donation forms for our 501(c)(3) nonprofit, DRCNet Foundation, and our 501(c)(4) lobbying nonprofit Drug Reform Coordination Network, support making donations by credit card or PayPal; and you can make a donation on a one-time basis, or for a recurring donation monthly, quarterly or annually. Our mailing address to donate that way instead is P.O. Box 9853, Washington, DC 20016. You can find info on donating stocks in the donations section of our About page.

4. Issue 1000 of the Drug War Chronicle newsletter: You may have noticed that the latest issue of our Drug War Chronicle newsletter, sent out Wednesday, was #998. In less than two weeks we are publishing issue #1000!

If you're a Chronicle regular, please help us mark the occasion by sending a testimonial about how you use the newsletter to further reform. And be sure to check your email or our web site for Phil Smith' review of what's changed during the 20 years since the Chronicle was launched.

Donations to DRCNet Foundation, as linked above, can support the Chronicle, or our other educational and non-lobbying programs.

5. Remembering Maurice Hinchey: The Rohrabacher-Blumenauer amendment that I wrote about above, which protects medical marijuana, originally was called the Hinchey-Rohrabacher amendment. It was named after its first lead Democratic sponsor, Rep. Maurice Hinchey of New York state. We were saddened to read news of his passing at age 79.

Another issue Rep. Hinchey worked on was one we played a role in for many years, repealing a provision of the Higher Education Act passed in 1998 that delays or denies financial aid for college to students because of drug convictions. Thanks in part to Rep. Hinchey's support, the law got scaled back in 2006, and legislation to further scale it back passed the House in 2010.

Rep. Hinchey spoke at a press conference we organized outside the US Capitol in May 2002, and at other events for the issue, along with all his other good work. We've missed him in Congress since he retired in 2013, and he will be even more missed now, by us and many others.

Colorado County's Marijuana Tax Program Will Provide $420,000 in College Scholarships This Fall

This article was produced in collaboration with AlterNet and first appeared here.

More than 200 graduating high school students in Colorado's Pueblo County will head off to college in a few weeks thanks to legal marijuana. The 210 students will receive scholarships worth $2,000 each for a total of $420,000 -- a very appropriate aggregate figure, given that the scholarships are being funded by excise taxes on state-legal marijuana grown in the county.

CSU Pueblo will see the nation's first pot tax college scholarships. (CSU Pueblo)
>Happy local officials described the pot-fueled Pueblo County Scholarship Fund as "the country's first cannabis-funded college scholarship." It was created after voters in the sun-filled county, which is building a reputation as a center of the outdoor and greenhouse-grown pot trade,approved an excise tax on commercial cannabis cultivation in 2015.

Colorado pot taxes have already provided funding for the state's public school system and homeless population, and the Pueblo County scholarships are demonstrating once again the economic and fiscal benefits accruing to states that have legalized marijuana.

And for Pueblo County high school students, there's more to come. The pot cultivation excise tax was 2% last year, but will increase by 1% annually until it tops out at 5%. With rising commercial cultivation and a rising tax rate, the scholarship fund appears set to expand, allowing even more students in the county, where nearly 20% live below the poverty line and where more than 40% of residents are Hispanic, to take advantage of educational opportunities.

But they'll have to stay near home. The scholarships only pay for tuition and fees at Pueblo Community College or Colorado State University-Pueblo. That latter school is also benefiting from marijuana in other ways: Thanks to $900,000 from the state's marijuana tax fund and $270,000 in county pot excise taxes to be used for "community enhancement," CSU-Pueblo last year opened the Institute of Cannabis Research to study topics such as the impact of legalization on local economies, industrial hemp cultivation, and the efficacy of cannabidiol.

Pueblo County Commissioner Sal Pace gave the credit to weed. He told the Cannabist in June the county's abundant sunshine was its greatest natural resource, and taxes on sun-grown weed made both the institute and the scholarships possible.

"There are vast opportunities in cannabis -- from growing to research -- and we want to make sure all Coloradans benefit, not just a select few," he said. "For years, our community has discussed creating local scholarships that could provide opportunity and help break cycles of poverty. The Pueblo County Scholarship Fund will change lives, families and benefit generations to come."

Smoking weed may not help your academic career, but the taxes on growing it are helping some Colorado kids have an academic career. That's one economic impact of legalization you don't need an institute to figure out for you.

Pueblo, CO
United States

A Possession Arrest Every 25 Seconds: The Cruel Folly of the War on Drugs [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Nearly a half century after Richard Nixon inaugurated the modern war on drugs, to criticize it as a failure as so common as to be banal. Yet even as marijuana prohibition falls in some states, the drug war rolls on, an assembly line of criminalization and incarceration, dealing devastating blows to the lives of its victims that linger far beyond the jail or prison cell.

More than 1.25 million arrests for simple drug possession last year. (Creative Commons)
And most of its victims are not capos or kingpins, but simple drug users. According to a new report from Human Rights Watch (HRW) and the American Civil Liberties Union (ACLU), drug possession is the single offense for which the largest number of arrests are made in the US, totaling more than 1.25 million last year, and accounting for more than three-fourths of all drug arrests.

Based on analysis of national and state-level data, as well as more than 360 interviews with drug offenders, family members, past and present government officials, and activists conducted mostly in Texas, Florida, Louisiana, and New York, the 196-page report, "Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States," finds that enforcement of drug possession laws causes extensive and unjustifiable harm to individuals and communities across the country.

The long-term consequences can separate families; exclude people from job opportunities, welfare assistance, public housing, and voting; and expose them to discrimination and stigma for a lifetime. While more people are arrested for simple drug possession in the US than for any other crime, mainstream discussions of criminal justice reform rarely question whether drug use should be criminalized at all.

"Every 25 seconds someone is funneled into the criminal justice system, accused of nothing more than possessing drugs for personal use," said Tess Borden, Aryeh Neier Fellow at Human Rights Watch and the ACLU and the report's author. "These wide-scale arrests have destroyed countless lives while doing nothing to help people who struggle with dependence."

Among those interviewed was for the study was Corey, who is doing 17 years in Louisiana for possessing a half ounce of marijuana. His four-year-old daughter, who has never seen him outside prison, thinks she's visiting him at work.

The harmful consequences of a drug arrest extend far beyond prison walls (ussupremecourt.gov)
Another is "Neal," whose name was changed to protect his privacy. Also in Louisiana, he's doing five years for possessing 0.2 grams of crack cocaine. He has a rare autoimmune disorder and said he cried the day he pleaded guilty because he knew he might not survive his sentence.

Then there's Nicole, held for months in the Harris County Jail in Houston and separated from her three young children until she pleaded guilty to a felony -- her first. The conviction meant she would lose her student financial aid, the food stamps she relied on to feed her kids, and the job opportunities she would need to survive. All for an empty baggie containing a tiny bit of heroin residue.

"While families, friends, and neighbors understandably want government to take action to prevent the potential harm caused by drug use, criminalization is not the answer," Borden said. "Locking people up for using drugs causes tremendous harm, while doing nothing to help those who need and want treatment."

The report also emphasized the now all-too-familiar racial disparities in drug law enforcement, noting that while blacks use drugs at similar or lower rates than whites, they're more than two-and-a-half times more likely to arrested for drug possession and more than four time more likely to be arrested for pot possession. It's even worse in some localities, such as Manhattan, where blacks are 11 times as likely to be busted for drug possession as whites. That amounts to "racial discrimination under international human rights law," the two groups said.

Aside from the vicious cruelty of imprisoning people for years or decades merely for possessing a substance, that drug conviction -- and drug possession, even of tiny amounts, is a felony in 42 states -- also haunts their futures. Drug convicts face the loss of access to social welfare benefits, the stigma of criminality, the disruption of family life, the financial burden of paying fines and fees, and the burden of trying to find work with a felony record. And that harms society at large as well as the criminalized drug users.

And despite tens of millions of drug arrests over the past few decades, with all their collateral damage, the war on drugs doesn't achieve its avowed goal: reducing drug use. There has to be a better way, and Human Rights Watch and the ACLU have something to say about that.

report launch at National Press Club, Washington, DC, 10/12/16
"State legislatures and the US Congress should decriminalize personal use and possession of all drugs. Federal and state governments should invest resources in programs to decrease the risks associated with drug use and provide and support voluntary treatment options for people struggling with drug dependence, along with other approaches," the two groups recommended.

"Until full decriminalization is achieved, officials at all levels of government should minimize and mitigate the harmful consequences of current laws and practices," they added, providing detailed recommendations to state legislatures, police, prosecutors, and other state and local government entities, as well as the federal government.

"Criminalizing personal drug use is a colossal waste of lives and resources," Borden said. "If governments are serious about addressing problematic drug use, they need to end the current revolving door of drug possession arrests, and focus on effective health strategies instead."

Chronicle AM: Pittsburgh Decriminalizes, College Drug Testing News, ODs Hit Record High, More (12/21/15)

Pittsburgh decriminalizes, Detroit restricts dispensaries, the Univ. of Alabama is forcing all frat members to be drug tested, fatal drug overdoses hit a record high last year, and more.

Rastaman has reason to smile after Jamaica grants festival a "marijuana exemption." (wikimedia.org)
Marijuana Policy

Massachusetts Legalization Initiative Signature Count Certified. The initiative from the Campaign to Regulate Marijuana Like Alcohol has been certified as handing in enough signatures to force the legislature to consider it this spring. If the legislature rejects it or fails to act by May 3, the campaign must then come up with another 10,000 signatures to put the issue directly to the voters in November.

Pittsburgh City Council Approves Decriminalization. The council voted 7-2 today to approve a decriminalization ordinance. The bill makes possession of 30 grams or less a ticketable offense, with a fine of $100. The measure was intended to "help break the damning life-long consequences of unemployment, lack of education, and being caught in a revolving criminal justice system," said bill sponsor Public Safety Chair David Lavelle.

Medical Marijuana

Detroit City Council Approves Restrictive Dispensary Ordinance. The council voted 6-1 last Thursday to approve a new zoning ordinance that will likely force the closure of many of the city's 150 or so dispensaries. The new ordinance prohibits dispensaries from operating within 1,000 feet of schools, churches, parks, liquor stores, other places considered drug-free zones, or another dispensary.

Public Health

CDC: Drug Overdoses Hit New High Last Year. The Centers for Disease Control reported last Friday that more than 47,000 Americans died of drug overdoses in 2014, with 60% of them involving heroin or prescription opiates. Heroin overdose deaths were up 26%, prescription opiate deaths were up 9%, and synthetic opiate deaths (mainly fentanyl) nearly doubled over 2013.

Drug Testing

University of Alabama Subjects All Frat Members to Mandatory Drug Tests. Every fraternity member at the school was required to pass a drug test at the beginning of the academic year, and now, fraternity members are being randomly selected each week for more drug tests. If students test positive, they get several warnings before they are expelled from the fraternity and a university anti-drug program intervenes to "help students get back on track before the school doles out harsher penalties. The drug testing program has been criticized by fraternity members and others as invading the privacy of students, but no one has yet challenged it in court.

ACLU to Appeal Federal Court Ruling Allowing Drug Testing of All Students at Missouri Tech College. The ACLU of Missouri said it will appeal an 8th US Circuit Court of Appeals ruling upholding the suspicionless drug testing of all students at the State Technical College of Missouri. The ACLU is seeking a rehearing of the case before the same three-judge appeals court panel that ruled in the school's favor or by the entire bench in the 8th Circuit. The ACLU had filed suit in 2011 to challenge the policy and won at the district court level, but the appeals court last year reversed the lower court decision. The federal courts have held that, with a handful of exceptions, mandatory suspicionless drug testing violates the Fourth Amendment's proscription against warrantless searches and seizures. The ACLU said the appeals court decision is "poorly crafted and departs from the 8th Circuit and Supreme Court precedent."

International

"Marijuana Exemption" Granted for Jamaica Rasta Festival. The Rebel Salute 2016 festival, to be held next month in St. Ann, has been granted a "marijuana exemption" personally delivered by Justice Minister Mark Golding. "Persons who are adherents of the Rastafarian faith, or Rastafarian organizations, may apply for an event promoted or sponsored by them to be declared an exempt event. In order to apply, the event must be primarily for the purpose of the celebration or observance of the Rastafarian faith," explained a Justice Ministry factsheet. "Where an event is declared exempt, persons who attend the event will not be liable to be arrested, detained or prosecuted for smoking ganja or possession of ganja at the event, or transporting ganja to the event, as long as they have complied with the amounts and conditions specified in the order declaring it an exempt event." This is the second time such an exemption has been granted.

Chronicle AM: Naloxone News in NC & NYC, DC Pot Social Club Fight, CO Pot Tourism, More (12/10/15)

Legal weed is drawing tourists to Colorado, DC activists fight for pot clubs, a federal appeals court rules that all students at a technical college can be subjected to drug testing, there's naloxone news from New York City and North Carolina, and more.

NCHRC reports 1,500 overdoses prevented with Naloxone in 2 1/2 years.
Marijuana Policy

Legal Marijuana is Boosting Colorado Tourism. Pot businesses have long claimed as much, and now they have some solid evidence. A Colorado Tourism Office study released Wednesday shows that the state's marijuana laws influenced nearly half (49%) of decisions to vacation in the state. Some 22% of survey respondents said marijuana was "extremely influential" in their decision to visit Colorado. Twenty percent said it was "very much influential" and nearly 7% said it was "somewhat influential."

DC Activists Fight Back Against Bill That Would Ban Pot Clubs. The city council is today hearing a bill that would make permanent a ban on businesses allowing patrons to smoke marijuana on premises, but that's not sitting well with the people who got weed legalized in the District. "It's unnecessary. The current law prohibits any venue from selling marijuana or promising marijuana in exchange for admission. But what they're doing with this bill is banning any kind of use of use outside the home. There's a big problem with that, because there are lots of people who have nowhere to use their cannabis," said Adam Eidinger, the man behind the District's successful 2014 legalization initiative. Eidinger is warning that if the council passes the bill, he could push more ballot initiatives, including one allowing marijuana to be treated like tobacco and one that would impose term limits on council members.

Illinois Lawmaker Files Decriminalization Bill. Rep. Kelly Cassidy (D-Chicago) announced today that she is filing House Bill 4357, which would make possession of up to 10 grams a civil offense punishable only by a fine. A similar bill passed earlier this year only to be vetoed by Gov. Bruce Rauner (R), who proposed amendments to it at the time of his veto. The new bill addresses those amendments.

Michigan Legalization Campaign to Extend Signature Gathering. MI Legalize is extending its signature gathering campaign and turning to paid circulators to qualify for next year's general election ballot. Under state law, petitioners have 180 days to gather signatures, but that is a clock that runs backward from the time signatures are actually turned in. The campaign's original turn-in date was December 21, but it will now go longer. That means early gathered signatures may not be counted. For example, if the campaign turned in signatures on January 21 instead of December 21, the first 30 days' worth of signatures would not be counted, but more recent signatures would.

Medical Marijuana

Georgia Medical Marijuana Commission Rejects Growing It In-State. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

Missouri Medical Marijuana Initiative Approved for Circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Drug Testing

Federal Appeals Court Rules Missouri College Can Drug Test All Students. The 8th US Circuit Court of Appeals in St. Louis ruled Monday that the Linn State Technical College can require all students to take drug tests. The appeals court decision overturns a federal judge's 2013 decision that the college could only drug test students in five particularly safety-sensitive programs. The school policy had been challenged by the ACLU of Missouri, which said such widespread, suspicionless drug testing violated the Fourth Amendment.

Harm Reduction

New York City Makes Overdose Reversal Drug Naloxone Available Without a Prescription. Mayor Bill de Blasio (D) announced Monday that the opioid overdose reversal drug naloxone (Narcan) will now be available without a prescription in pharmacies in the city. "The deaths are what we all struggle to avoid… but that's just the tip of the iceberg," de Blasio said during his announcement at a YMCA. "For every death, there are literally hundreds who struggle with addiction."

North Carolina Sees 1,500 Lives Saved With Overdose Reversal Drug Naloxone. In just under 2 ½ years, more than 1,500 overdose deaths have been prevented with the use of the overdose reversal drug naloxone (Narcan), the North Carolina Harm Reduction Coalition reported today.

Law Enforcement

Rep. Steven Cohen Rips Use of Student Snitches. In the wake of a 60 Minutes report last Sunday and earlier reporting by Reason, Rep. Steve Cohen (D-TN) ripped into the practice of using nonviolent, first-time drug offenders as confidential informants. "It's time for the Department of Justice to take a close look at how the behavior of confidential informants not only threatens to ruin young lives, but in some cases, end their lives," he said, adding that he intends to file reform legislation.

International

Scotland To Begin Ticketing, Not Prosecuting, People With Pot. Starting next month, Scottish police will issue warnings to people caught with marijuana rather than prosecuting them. The move is part of a broader effort to change how police deal with petty crime, freeing them up to deal with more serious offenses.

Drug War Issues

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