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Chronicle AM -- February 17, 2014

Olympic drug testers back off on marijuana, a surprise marijuana vote in New Mexico, a bad medical marijuana bill in Michigan, NYPD's most sued cops are all narcs, a new South Australian law criminalizes some speech about synthetic drugs, and more. Let's get to it:

You don't even want to talk about synthetic stimulants now in South Australia. (wikimedia.org)
Marijuana Policy

New Mexico Senate Committee Votes to Remove Marijuana from Schedule I. In a surprise move, the Senate Judiciary Committee Saturday voted to remove marijuana from the state's list of controlled substances. The move came in the form of an amendment by Sen. Cisco McSorley (D-Albuquerque) to a synthetic cannabinoids ban bill, Senate Bill 127. The bill goes now to the full Senate.

Poll Finds Majority Support for Legalization in New York. A new Quinnipiac University poll released today shows that New Yorkers support the legalization of small amounts of recreational marijuana 57% to 39%, while 45% of those voters say marijuana is no more dangerous than alcohol and 36% say it's less dangerous. The poll also found whopping 88% support for medical marijuana. Click on the poll link for more details.

Medical Marijuana

Michigan Bill Would Allow Landlords to Prohibit Patient Use on Private Property. A bill that would allow Michigan landlords to ban the use, possession, or cultivation on private property is set for a committee hearing this week. Senate Bill 783, sponsored by Sens. Rick Jones (R-Grand Ledge) and James Marleau (R-Lake Orion), gets a hearing before the Senate Judiciary Committee tomorrow afternoon. Foes called the bill "hostile" and "unnecessary."

Synthetic Drugs

Synthetic Drug Ban Bill Passes Alabama Senate. A bill that would expand Alabama's ban on new synthetic drugs passed the Senate last Thursday and now heads to the House. Senate Bill 333, sponsored by Sen. Arthur Orr (R-3rd District), would add additional synthetic cannabinoids and other analogues to the ban. Next stop is the House Judiciary Committee.

(See the international section below for another synthetic drugs item.)

Law Enforcement

Meet NYPD's Most Sued Cops -- They're All Narcs. The New York Daily News reveals that 55 NYPD officers have been sued 10 times or more at a cost to the city of over $6 million. The Daily News then profiled the four officers with the most lawsuits filed against them. All four are narcotics officers. And for some reason, all four are still on the job.

Senators Still Looking for Answers on Customs Searches of Domestic Private Aircraft. It took holding up the nomination of current drug czar Gil Kerlikowske to head Customs and Border Protection (CBP), but a pair of US senators finally got a response from CBP to their months-old question about how and why the border protection agency was stopping and searching private aircraft that had never left the US. Sens. Pat Roberts (R-KS) and Jim Risch (R-ID) put the hold on the nomination, and while CBP has responded, they say they are still not satisfied with the response and sent a February 12 letter requesting a briefing and additional written responses from DHS. Click on the title link to get all the details.

Sentencing

California Defelonization Sentencing Reform Initiative Cleared for Circulation. A sentencing reform initiative whose proponents are San Francisco District Attorney George Gascon and San Diego Police Chief William Landsdown has been approved for signature gathering. The initiative would require misdemeanor sentences instead of felonies for a number of petty crimes, including certain drug possession offenses. It would also require resentencing for people currently serving felony sentences for those offenses. It needs 504,000 valid voter signatures before the end of spring to qualify for the November ballot.

International

Olympics Drug Testers Raise Permissible Levels for Marijuana. The World Anti-Doping Association (WADA) has raised the permissible level of marijuana in athletes' urine from 15 nanograms per millileter to 150 nanograms. Although WADA considers marijuana to be a performance enhancing drug, it also conceded that it also "is a socially more or less an accepted drug being used in social context" and raised the threshold accordingly. "That's a reasonable attempt at dealing with a complicated matter and that was agreed upon as the best way to proceed with this particular issue," Arne Ljungqvist, head of the International Olympic Committee's medical commission, told reporters Saturday in Sochi. "There is a big debate on it."

Harsh New Synthetic Drug Laws Now in Effect in South Australia. New laws that heighten criminal penalties for selling or manufacturing synthetic stimulant drugs went into effect across South Australia today. In addition to increased prison sentences, the Controlled Substances (Offences) Amendment Bill 2013 also outlaws the "promotion" of synthetic drugs or causing another person to believe they caused effect similar to an illegal drug or similar to a legal stimulant. Those speech-crime offenses are punishable by up to two years in prison.

Marijuana Decriminalization Bill Filed in Bermuda. Members of the opposition People's National Party filed a marijuana decriminalization bill Friday. The Decriminalization of Cannabis Act would remove criminal penalties for the possession of up to half an ounce, but Attorney General Mark Pettingill seemed quite perturbed by it, accusing the PNP of coming "swashbuckling in" with a "very badly thought out" bill.

Norway Approves Use of Naloxone for Overdose Reversal. Norway has Europe's worst overdose rate, and now the Scandinavian country is preparing a pilot program that will offer the overdose reversal drug naloxone (Narcan) in its two most populous cities, Oslo and Bergen, later this year. Since 2002, about 240 people have died each year in Norway from heroin overdoses, more than have died from traffic accidents.

Vancouver Clinic Seeks Federal Approval for Long-Running Safe Injection Site. The Dr. Peter Center, which has quietly provided supervised injection services for its clients since 2002, is now seeking a formal exemption from Canada's Controlled Drugs and Substances Act to be able to do so legally. The move, which comes in the wake of a 2011 Canadian Supreme Court decision stopping the federal government from shutting down the Insite supervised injection site in the Downtown Eastside, has the support of the city and provincial governments.

Chronicle AM -- February 11, 2014

California's narcs are whining about Obama's marijuana remarks, Coloradans seem happy with legalization, a Good Samaritan overdose bill is filed in Maryland, an Israeli newspaper talks pot policy, and a Colombian FARC representative lays out the guerrilla's drug proposals, and more. Let's get to it:

Coca plants. The FARC has plans for them. (unodc.org)
Marijuana Policy

Marijuana Legalization More Popular Than Ever in Colorado. A year after marijuana possession became legal in the state and a month after retail marijuana sales began, Coloradans are more supportive than legalization than ever, according to a new poll. A Quinnipiac poll released Monday had support for legalization at 58%, three points higher than 55% who actually voted for it in November 2012. And 73% said they wouldn't mind if their neighbors grew marijuana in their homes.

California Narcs Unhappy With Obama Marijuana Comments. California's narcs are displeased with President Obama's recent remarks suggesting that marijuana is no more harmful than alcohol. In an open letter Monday, the California Narcotics Officers' Association took "strong issue" with the president's statements and warned that marijuana poses "significant risks to public health." The full text of the letter is at the link.

Wyoming Activists "Walk for Weed" at State Capitol. Several dozen marijuana legalization activists demonstrated at the state capitol in Cheyenne Monday armed with signs reading "Legalize, Not Legal Lies" and "Turning a Red State Green in 2016." The protest was an action by Wyoming NORML, which aims to put a legalization initiative on the ballot then.

North Carolina Legislator Vows to Introduce Legalization Measure. Rep. Kelly Alexander (D-Mecklenburg) said Monday he will introduce a marijuana legalization constitutional amendment when the legislature reconvenes in May. "It's an inevitable thing," he said. "Trying to stop that movement reminds me of somebody marching out to the beach, holding up their hand and saying the tide will not rise."

Medical Marijuana

Washington State Bills to Fold Medical Marijuana into Legal Marijuana System Moving. A pair of state Senate bills that would end collective gardens for medical marijuana patients advanced last Friday, while a House bill that would reduce the amount of medicine and the number of plants patients or caregivers can possess moved on Monday. Senate Bill 5887 and Senate Bill 6178 each passed 6-1 in the Senate Committee on Commerce and Labor on Friday. Both were second substitute versions. House Bill 2149 passed out of the House Appropriations Committee Monday.

Georgia CBD Medical Marijuana Bill Needs Revisions, Sponsor Says. After a three-hour committee hearing Monday, state Rep. Allen Peake (R-Macon), the sponsor of the CBD medical marijuana bill, House Bill 885, said it needed significant revisions before it could advance in the House. The hearing included searing testimony from parents of children suffering seizures, but also from physicians who said the use of CBD cannabis oils needed more study. Another hearing is set for Thursday.

Drug Testing

Illinois Bill to Drug Test Food Stamp Recipients, General Assembly Candidates Filed. A bill that would require candidates for the state House and Senate to undergo drug testing and bar them from running if they test positive has been filed in Illinois. Rep. Bill Mitchell (R-Forsythe) said he introduced House Bill 5292 with the political candidate provision because he thinks elected officials should be held to the same standards as food stamp recipients. The bill also calls for mandatory suspicionless drug testing of food stamp recipients. Requiring drug tests of candidates for office, and requiring drug tests of public benefits recipients without individualized suspicion, have both been held unconstitutional by the federal courts.

Harm Reduction

Maryland Good Samaritan 911 Overdose Prevention Bill Proposed. Delegate Jon Cardin (D-Baltimore) today proposed a bill that would offer limited immunity for nonviolent drug possession charges if that person contacts police or emergency personnel for reports of an overdose. "While I don't condone illegal drug or alcohol use or abuse, we should make sure overdose victims are brought to safety and not allow them die out of fear of being arrested," said Cardin in a statement. "There is strong evidence that overdose victims and their friends would often rather let someone die than call emergency personnel. This should never happen. This law is a common sense way to literally save thousands of lives." The bill was not yet on the legislative web site as of Tuesday afternoon.

International

In-Depth Interview with FARC Representative on Colombian Guerrilla Group's Drug Policy Proposals. The Voice of Russia has recorded an extensive interview with FARC peace delegation member Laura Villa on the FARC's drug policy proposals, which begin from the premise that drug prohibition has failed. FARC policies call for respect for the coca leaf, decriminalization of the coca crop (in the context of land reform), a public health approach to drug consumption, as well as demilitarization, an end to aerial eradication, and compensation for victims of eradication. The entire interview is quite illuminating and worth the read.

Israel Hayom Debates Marijuana Legalization. Editors and contributors to Israel's largest circulation daily newspaper, Israel Hayom, debated marijuana legalization in the Holy Land. Check out the debate by clicking on the link.

DEA Chief Criticizes Obama Marijuana Remarks, But Faces Backlash

Criticism is mounting over reported remarks last week of DEA chief Michele Leonhart in a speech to the Major Counties Sheriffs Association. Leonhart criticized her boss, President Obama, for acknowledging in a recent interview that marijuana is not more dangerous than alcohol and that the experiments with marijuana legalization in Colorado and Washington were "important."

Precisely what Leonhart told the gathered sheriffs is unclear because no media were allowed in the room, but the anti-legalization sheriffs ate it up, according to the Boston Herald, which spoke with some of them.

"She's frustrated for the same reasons we are," Bristol County (MA) Sheriff Thomas Hodgson said. "She said she felt the administration didn't understand the science enough to make those statements. She was particularly frustrated with the fact that, according to her, the White House participated in a softball game with a pro-legalization group... But she said her lowest point in 33 years in the DEA was when she learned they'd flown a hemp flag over the Capitol on July 4. The sheriffs were all shocked. This is the first time in 28 years I've ever heard anyone in her position be this candid."

The hemp flag was flown at the request of Colorado Rep. Jared Polis (D), a strong marijuana reform supporter.

Kern County (CA) Sheriff Donny Youngblood, head of the sheriffs' group, said Leonhart criticized Obama for making what he described as "irresponsible" remarks that were "a big slap in the face" to police officers who lost their lives prosecuting the drug war.

"This is a woman who has spent 33 years of her life fighting drug abuse in the DEA, her entire life. To have the president of the United States publicly say marijuana was a bad habit like alcohol was appalling to everyone in that room," Youngblood said. "I think the way that she felt was that it was a betrayal of what she does for the American people in enforcing our drug laws... She got a standing ovation."

Hodgson said sheriffs see marijuana as "gateway drug" (Editor's Note: Despite the notion having been repeatedly debunked) and that political leaders should be preventing drug use, not playing down its dangers and providing kids with excuses.

"The last person we need saying this to kids is the president of the United States," Hodgson said.

While Leonhart's remarks played well with law enforcement officials with a vested interest in maintaining the prohibitionist status quo, they didn't sit nearly as well with drug reformers.

"Whether Ms. Leonhart is ignorant of the facts or intentionally disregarding them, she is clearly unfit for her current position," said Dan Riffle, Marijuana Policy Project director of federal policies. "By any objective measure, marijuana is less harmful than alcohol to the consumer and society. It is irresponsible and unacceptable for a government official charged with enforcing our drug laws to deny the facts surrounding the nation's two most popular recreational drugs.

The group has launched a Change.org petition calling on the president to fire Leonhart and replace her with someone who will base decisions on science and evidence instead of politics and ideology.

"The DEA administrator's continued refusal to recognize marijuana's relative safety compared to alcohol and other drugs flies in the face of the president's commitment to prioritizing science over ideology and politics," Riffle said. "She is neglecting the basic obligations of her job and fundamentally undermining her employer's mission. This would be grounds for termination in the private sector, and the consequences for Ms. Leonhart should be no different."

The petition calls for Leonhart to be replaced by "someone who will uphold [President Obama's] mandate that administration decisions be guided by science instead of ideology and politics."

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

Chronicle AM -- December 20, 2013

A pair of state appeals courts slap down cops who take people's medicine and won't give it back, there are problems with Kansas' drug testing law, Peru is buying shining new toys to prosecute its drug war, and more. Let's get to it:

Hash is medicine, and the cops have to give it back, the Oregon appeals court ruled. (wikimedia.org)
Marijuana Policy

DPA California Initiative Revised. The Control, Regulate and Tax Marijuana initiative, filed earlier this month by the Drug Policy Alliance (DPA), has been revised. The new version increases the personal grow limit from four plants to six, makes the 1,000-foot buffer rule around schools optional instead of mandatory, and makes the California Industrial Hemp effectively immediately. Left intact were no changes in criminal penalties, no changes in the state's medical marijuana law, and a 25% tax on adult retail sales. DPA head Ethan Nadelmann said in a conference call yesterday that the group would decide early next year whether to move forward for 2014.

Medical Marijuana

Oregon Appeals Court Rules Cops Must Give Back Seized Medical Hash. The Oregon Court of Appeals ruled Wednesday in Oregon v. James Jonathan Ellis that a medical marijuana patient whose hash was seized during an arrest can get it back. A district court judge had refused to order it returned, finding that hash wasn't covered under the state's medical marijuana law, but the appeals court disagreed, citing the federal Controlled Substances Act's definition of marijuana, which Oregon's law adopted, and which includes "every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin."

Colorado Appeals Court Rules Cops Must Give Back Seized Medical Marijuana. The Colorado Court of Appeals ruled Thursday in Colorado v. Robert Clyde Crouse that a district court judgment ordering Colorado Springs Police to return marijuana seized from leukemia patient Crouse was correct. Colorado Springs authorities had argued that federal drug laws preempted their returning Crouse's medicine, but neither the district court nor the appeals court was buying it.

Wyoming Legislator to Introduce Medical Marijuana Bill. Rep. Sue Wallis (R-Recluse) said this week that she intends to introduce a bill in the legislative session that starts early next year to allow the use of marijuana for medicinal purposes. Wallis said the death a year ago of her husband, Rod McQueary, brought the issue of legalizing medical marijuana into sharp focus for her. She said he benefited greatly from medical marijuana from Colorado in his last days.

Asset Forfeiture

Michigan Legislator Introduces Asset Forfeiture Reform Bill. Rep. Jeff Irwin (D-Ann Arbor) has introduced a bill, House Bill 5213,that would prohibit civil asset forfeiture unless and until a person is convicted of a criminal offense. "Asset forfeiture was sold as a needed tool for law enforcement to attack drug kingpins and gang leaders," Rep. Irwin said. "[But] too often, law enforcement uses the current asset forfeiture law to take tens of millions of dollars every year, mostly from low-level users and small-time dealers. We need to change how asset forfeiture works. By requiring a person be convicted of a crime before their seized property is subject to forfeiture, we will stop the worst abuses and curtail the insidious incentives that lead some law enforcement to short circuit due process and the fundamental principle that a person is innocent until proven guilty."

Drug Testing

Kansas Drug Testing Law Punishes Welfare Recipients, But Lets Lawmakers Skate. The Kansas legislature this year passed a bill, Senate Bill 149, that allows for drug testing of welfare recipients. Amid charges of hypocrisy, solons added language to include drug testing of themselves. But Wednesday, the director of Legislative Administrative Services, who is charged with implementing legislator testing, told legislative leaders that the law does not include any ramifications for a positive drug test and does not explicitly make the results public, so he will be treating them as confidential medical records.

Sentencing

Connecticut Sentencing Commission Recommends Cutting Drug-Free Zones. The Connecticut Sentencing Commission recommended Thursday that lawmakers sharply curtail drug-free zones around schools. The commission said they created racial disparities, unfairly affecting blacks and Latinos, who are more likely to dwell in urban areas, where schools and day cares are more densely packed. The commission recommended scaling the zones back from 1,500 feet to 200 feet. It also recommended limiting drug-free zone charges to those actually intending to infringe on the zones, as opposed to those just passing through.

International

Peru in Half-Billion Dollar Deal to Buy Russian Helicopters for Anti-Drug, Anti-Terrorism Effort. The Peruvian and Russian governments announced a deal Wednesday in which Russia will provide 24 Mi-171 helicopters to the Peruvian armed forces. The Peruvians plan to use them for anti-narcotics and anti-terrorism work in the central mountain areas where coca leaf and cocaine production are widespread.

Belgian Cannabis Social Club Raided. Belgian police acting on orders of the Justice Ministry raided the country's second cannabis club Wednesday (sorry, link in Dutch only). Raiders hit the Mambo Social Club in Hasselt, which follows the country's one-plant-per-person guidelines, seizing plants, records, and computer equipment. No word yet on any criminal charges.

Chronicle AM -- December 3, 2013

Denver's city council calls off ban on "front porch" marijuana smoking, New Jersey's governor claims medical marijuana is a ploy, Vermont rolls out a naloxone pilot project, Colombia's FARC want decriminalization, and more. Let's get to it:

Naloxone can reverse opioid drug overdoses. Now, a pilot program is getting underway in Vermont.
Marijuana Policy

Denver City Council Reverses Course, Votes Down Front-Porch Pot Smoking Ban. In something of a surprise move, the Denver city council Monday night voted 7-6 for an amendment to its marijuana ordinance that removes the ban on smoking on one's own property if it is visible to the public. The ban had passed last week on a 7-5 vote. Now, one more vote is needed next week to approve the ordinance.

Jackson, Michigan, Cops Will Heed Voters' Will on Decriminalization Initiative. Police in Jackson, Michigan, will enforce a new marijuana ordinance that tells them to leave alone people over 21 who possess up to an ounce of pot on private property. Police Chief Matthew Hein said police will not enforce state law, which is harsher, except in limited circumstances, such as when a known drug dealer with multiple convictions is caught with less than an ounce.

Medical Marijuana

New Jersey Governor Just Says No to Expanding Medical Marijuana Program. Gov. Chris Christie (R) told reporters Monday he opposes expansion of the state's medical marijuana law because it is just a backdoor route to marijuana legalization. "See this is what happens. Every time you sign one expansion, then the advocates will come back and ask for another one," the governor said during a press conference. "Here's what the advocates want: they want legalization of marijuana in New Jersey. It will not happen on my watch, ever. I am done expanding the medical marijuana program under any circumstances. So we're done."

Michigan House Judiciary Committee Hears Medical Marijuana Bills Thursday. The House Judiciary Committee will hold a hearing Thursday on three medical marijuana bills.HB 4271 would protect locally licensed dispensaries to help ensure patients have regular and safe access to their medicine. HB 5104 would create clear legal protection for marijuana extracts, which are often used in edibles. The third bill, SB 660, would create a "pharmaceutical grade" standard for medical marijuana.

Harm Reduction

Vermont Pilot Program for Naloxone to Fight Drug Overdoses Gearing Up. The Vermont Health Department is launching a pilot program to distribute naloxone as an antidote for opioid drug overdoses. The drug will be distributed directly to drug users, their friends, and family members. The Health Department said it is working with law enforcement to provide protections for people who report overdoses.

Sentencing

Kentucky Lawmaker Seeks Harsher Heroin Sales Sentences. State Sen. John Schickel (R-Union) Monday announced plans to pre-file a bill that would impose harsher sentences for heroin distribution. He blamed a 2011 sentencing reform law for making the state attractive to heroin dealers. Under that law, heroin sales went from a Class C to a Class D felony. The sponsor of that law, Rep. John Tilley (D-Hopkinsville) said heroin use has indeed increased, but not because of the reform. The causes "are much more complex, with the chief ones being the state's recent crackdown on prescription drug abuse and the new tamper-resistant versions of the pain drugs Oxycontin and Opana," which were formerly crushed and abused by pain-pill addicts.

International

Colombia's FARC Calls for Decriminalizing Coca Growing. Colombia's FARC guerrillas called for the decriminalization of coca growing and drug use as it entered a third round of peace talks with the government of President Juan Manuel Santos. The FARC is proposing "demilitarization of anti-drug policies, non-intervention by imperialism, and decriminalization of the rural poor" who grow coca, said FARC negotiator Pablo Catatumbo. Drug policy is the third item on the talks' agenda; already covered are agrarian reform and the FARC's return to political life after a peace agreement. Still to be decided are drug issues, reparations for victims of the five-decade-old conflict, and disarmament.

Spanish Cannabis Club Persecuted, Needs Your Help. The Spanish cannabis social club Pannagh is being prosecuted as drug traffickers by Spanish authorities and needs your support before a court date Thursday. Click the story link above to read more and see how you can help. Their web page (see above) has been closed down by Spanish authorities, and Pannagh members, who transparently grew small amounts of marijuana for themselves, are facing years in prison and asset forfeiture on trumped up charges.

Morocco Lawmakers Meet Tomorrow to Discuss Legalizing Hemp, Medical Marijuana. Lawmakers in Rabat will meet Wednesday to debate whether to allow marijuana cultivation for medical and industrial purposes. The debate is being pushed by the Party of Authenticity and Modernity. More than three-quarters of a million Moroccans depend on marijuana cultivation for the livelihoods, with most of it processed into hashish for European markets.

Chronicle AM -- November 22, 2013

The momentum for marijuana legalization continues in the US, but Australia's New South Wales rejects medical marijuana even for the terminally ill. There's plenty more news, too. Let's get to it:

Coming soon to a legal retail outlet near you (if you live in Colorado). (wikipedia.org)
Marijuana Policy

World's First-Ever Marijuana Retail License Issued in Colorado. Officials in Central City, Colorado, issued the world's first legal marijuana retail license Thursday. The license went to Annie's, currently operating as a medical marijuana dispensary. Annie's must still obtain a state license. Legal retail marijuana sales begin on January 1.

Oregon Legislators Meeting Today on Marijuana Legalization. Oregon lawmakers are meeting today to lay the groundwork for a possible marijuana legalization initiative to put before voters in November 2014. Senate Judiciary Chairman Floyd Prozanski (D-Eugene) said he would push for such an initiative. New Approach Oregon has already filed its own legalization initiative, which Prozanski called "a great first draft," but then added that legislators should vet it.

Poll: Marijuana Legalization Has Majority Support in Indiana. The 2013 Hoosier Poll finds that 52.2% of adults in the state favor making "marijuana a regulated substance much like the way we regulate the use of alcohol and tobacco products." Only 45.3% were opposed. Support reached a whopping 78.1% when respondents were asked if "marijuana should be taxed like alcohol and tobacco products, or not."

Maine Legislative Council Rejects Legalization Bill. The Maine Legislative Council, made up of 10 leading legislators, Thursday night rejected a marijuana legalization bill sponsored by Rep. Diane Russell (D-Portland). That means the bill will have to go through the regular legislative process next year, or the voters will decide through a referendum.

Medical Marijuana

Four California US Representatives Call on Northern California US Attorney to Stop Harassing Dispensaries. Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."

Drug Testing

Northern Marianas Bill Would Require Twice a Year Drug Tests for Elected Officials. A bill being crafted in the Northern Marianas Islands House of Representatives would require all elected officials to undergo drug tests every six months. The bill is being drafted by former cop Rep. Christopher Leon Guerrero, but is likely to be found unconstitutional if it ever passes, given federal court precedents.

Law Enforcement

Ohio Makes First Arrest under Automobile "Secret Compartment" Drug Law. An Ohio man arrested Tuesday for driving a vehicle that contained a hidden compartment becomes the first person charged under the state's 2012 law (Senate Bill 305) making it a felony to add a secret compartment with the intent of using it to conceal drugs for trafficking. Norman Gurley's vehicle had a secret compartment, but it contained no drugs or evidence of drugs.

Sentencing

Attorney General Holder Blasts High US Incarceration Rates at Colombia Conference. US Attorney General Eric Holder ripped into US incarceration policies at a conference of security ministers in Colombia Thursday, calling our imprisonment rates "both inadvisable and unsustainable." Holder added that the resort to mass incarceration "results in far too many Americans serving too much time in too many prisons -- and beyond the point of serving any good law enforcement reason." He also signaled that other countries should have greater flexibility in drug control policies. "We must acknowledge that none among us can fight this battle on our own, or by implementing a 'one-size-fits all' approach."

International

No Medical Marijuana for the Terminally Ill in Australia's New South Wales. The state government in New South Wales has rejected a request that terminally ill patients be granted an exemption to use marijuana to ease their pain. A bipartisan parliamentary committee had recommended that AIDS and terminally ill patients be allowed to possess up to a half-ounce for medical reasons, but the state government rejected the recommendation, saying the potency and safety of medical marijuana cannot be guaranteed. The decision was "cannabis hysteria at its worst," said Green MP John Kaye. "It's absurd to argue that someone dying of cancer should be denied access to a little bit of pain relief because it's the same substance some people use illegally."

Chronicle AM -- November 7, 2013

Portland's police chief demonstrates why local initiatives are only a start, a new Urban Institute report has ideas for reducing the federal prison population, the Irish parliament rejects marijuana legalization on its first go round, and more. Let's get to it:

Marijuana Policy

Portland Police Chief to Ignore Legalization Initiative Victory. Portland, Maine, voterd Tuesday to legalize the possession of small amounts of marijuana, but Portland Police Chief Michael Sauschuck said his officers will continue to issue citations for pot possession under state law. But Sauschuck also said Portland police didn't consider small-time pot possession a high priority even before Tuesday's vote, and the numbers back him up. In the last two 12-month periods, police there have averaged about one pot possession ticket a week.

Medical Marijuana

Medical Marijuana Groups Launch Fundraising Campaign for 2014 Arkansas Initiative. Arkansas medical marijuana advocates Arkansans for Compassionate Care (ACC) have joined forces with the national advocacy group Americans for Safe Access to raise enough money to get the Arkansas Medical Cannabis Act initiative on the 2014 ballot. The campaign kicks off Saturday in El Dorado with a concert sponsored by Budweiser (!), which will give a portion of the proceeds to ACC.

Sentencing Reform

Urban Institute Report Says Best Way to Reduce Federal Prison Population is Modify Sentencing, Prosecution Policies. A new report from the Urban Institute, Stemming the Tide: Strategies to Reduce the Growth and Cut the Cost of the Federal Prison System, concludes that "reducing the number of drug offenders is the quickest way to yield an impact on both prison population and cost," and recommends changes in both prosecution ("front end") and sentencing and reentry ("back end") policies.

International

The Silk Road is Back. The anonymous online marketplace notorious as a drug-buying and -selling venue is back up and running. It went down earlier this year when FBI agents arrested its operator, Ross Ulbrict, but was up again as of yesterday.

David Nutt Calls Britain's Drug Laws an Obstacle to Research.Scientist David Nutt, the former head of the Advisory Commission on the Misuse of Drugs, says Britain's drug laws are stifling research into the benefits of drugs like marijuana and Ecstasy. "The UK has gone from being early adopters of evidence based harm reduction -- prescription heroin, needle exchanges and opiate substitute therapy -- to lagging behind many countries across the globe that are modifying their drug policies to better reflect advances in our understanding of drugs," he told Forbes. Nutt, who was fired from the commission over his views on drug policy, recently won the John Maddox Prize, which is awarded for courage in promoting science and evidence on a matter of public interest in the face of hostility.

Irish Parliament Rejects Marijuana Legalization. The Irish Dail (parliament) soundly rejected a bill to legalize marijuana Wednesday. The private member's motion filed by TD Luke "Ming" Flanagan was defeated on a vote of 111-8. Still, the occasion marked the first time the Dail has seriously debated marijuana policy.

Czech Activists Denounce Grow Shop Raids, Plan Protests. The Czech marijuana reform group Legalizace has denounced Monday's mass raids on grow shops as "an absolutely unacceptable and scandalous infringement upon civil rights and freedoms" and is calling for a protest Saturday evening at Prague's Old Town Square.

Iran Drug Executions Continue. The Islamic Republic of Iran is the world's leading executioner of drug offenders, and this month is no different. According to the anti-death penalty group Hands Off Cain, which monitors Iranian press reports, 11 people have been hung for drug offenses so far this month, and we haven't even finished the first week. The annual number of people executed for drug offenses in Iran is in the hundreds.

Jerry Brown Vetoes California "Defelonization" Bill [FEATURE]

California Gov. Jerry Brown (D) Saturday vetoed a bill that would have allowed prosecutors or judges to charge simple drug possession as a misdemeanor instead of a felony. The bill would have made drug possession a "wobbler," meaning it could be charged either way, based on judicial or prosecutorial discretion.

overcrowded California prison (supremecourtus.gov)
Some 10,000 people are convicted of drug possession felonies each year in California, and experts estimated that, under the bill, 15% to 30% of them would have been charged instead with misdemeanors. The exact number is unknown because the bill would have left those decisions up to prosecutors and judges. But in any case, the bill would have resulted in hundreds of millions of dollars in criminal justice system savings, which would have provided local governments with more flexibility to invest in drug treatment and mental health services and focus law enforcement resources on more serious offenses, along with lightening up on some of the people caught up in the criminal justice system.

The bill, Senate Bill 649, was sponsored by Sen. Mark Leno (D-San Francisco) and passed the legislature with bipartisan support, but was opposed by law enforcement and some prosecutors. Leno and supporters had argued that the bill would save the state money on incarceration and related costs.

The bill was premature, given that a broader criminal justice system reform is in the works, Brown said in a veto message. "We are going to examine in detail California's criminal justice system, including the sentencing structure," he said. "We will do so with the full participation of all the necessary parties, including law enforcement, local government, courts, and treatment providers. That would be the appropriate time to evaluate our existing drug laws."

Even after the state's vaunted prison realignment, California prisons remain overcrowded, and the more than 4,100 people currently imprisoned on simple drug possession charges only add to that burden. The cost of imprisoning them comes to $207 million a year.

Under current California law, which will now stay in place, simple possession of drugs such as cocaine, meth, and heroin is a felony punishable by up to three years in prison. Leno's bill left that maximum sentence in place, but would have given either judges or prosecutors the discretion to punish possession as a misdemeanor, with a year in jail as a maximum sentence. Similarly, under the Leno bill, judges or prosecutors could have diverted drug users to treatment or community programs in a bid to reduce recidivism.

Charging drug possessors with misdemeanors instead of felonies would also have created criminal justice system savings with each lower-level prosecution. That's because felony charges require a preliminary hearing, while misdemeanor charges do not.

But law enforcement groups, including the California State Sheriffs Association, the California Police Chiefs Association, and the California District Attorneys Association all opposed the bill, labeling it a threat to public safety. They argued that the bill would reduce incentives for drug possessors to voluntarily seek drug treatment because they would only face jail time, and the jails are so full -- thanks to prison realignment -- that people sentenced to jail time do only a tiny fraction of that time.

Brown could have let the bill become law without his signature, Leno noted in an interview with the Chronicle earlier this month, and pronounced himself "surprised" at the veto.

"It's quite surprising that the governor would veto a modest attempt at sentencing reform in light of our prison overcrowding crisis," Leno said Saturday.

Bill supporters, including the ACLU of California and the Drug Policy Alliance lambasted Brown's decision to veto the bill.

Jerry Brown
"By vetoing SB 649, Gov. Brown has thwarted the will of the voters and their elected representatives by rejecting a modest reform that would have helped end mass incarceration in this state," said Kim Horiuchi, criminal justice and drug policy attorney for the ACLU of California.

"California voters and the legislature recognize the urgent need to reevaluate our sentencing laws and enact smart reforms, especially for low level, non-violent drug crimes," Horiuchi continued. "Doing so will allow California to reduce its reliance on incarceration and free up limited resources for the sorts of community-based treatment, education and job training programs proven to reduce crime and create safe and healthy communities. Despite this, Gov. Brown remains inexplicably opposed to meaningful sentencing reform."

"The governor let down the people of California, the majority of whom support going even farther than this bill would have gone," said Lynne Lyman, California state director for the Drug Policy Alliance. "The vast majority of voters agree with the experts -- locking up drug users is stupid, unproductive, cruel and expensive."

Despite the opposition of the law enforcement establishment, California public opinion wants to see sentencing reform. A 2012 Tulchin poll found that 75% of Californians preferred prevention and treatment as an alternative to jail for nonviolent offenders and 62% agreed that possession of small amounts of drugs for personal use should be a misdemeanor.

Thirteen other states and the District of Columbia already have such laws, and an effort to pass similar legislation is gearing up in Washington state. But in Sacramento, Gov. Brown was listening to the cops instead of the people.

"Our system is broken," said DPA's Lyman. "Felony sentences don't reduce drug use and don't persuade users to seek treatment, but instead, impose tremendous barriers to housing, education and employment after release -- three things we know help keep people out of our criminal justice system and successfully reintegrating into their families and communities."

Sacramento, CA
United States

Florida Attorney General Bans "Crazy Clown" Drug

Florida Attorney General Pam Bondi Wednesday filed an emergency rule criminalizing four related synthetic cannabinoid drugs, including one being marketed under the name "Crazy Clown," her office announced in a press release. The emergency move makes the new synthetics Schedule I controlled substances under Florida law.

The four substances are B-PINACA, AB-FUBINACA, ADB-PINACA, and Fluoro ABDICA. They have been tentatively identified as cannabinoid receptor agonists, similar to an earlier round of synthetic cannabinoids that have been marketed under names such as "Spice" and "K2." Those drugs are banned under federal law and are illegal in a number of states as well.

Georgia banned the drugs last month under a synthetic drugs analog law, and now neighboring Florida has moved to do so, too.

The move came after a spate of media reports and law enforcement warnings in August and September about users suffering ill effects from "Crazy Clown," including nausea, vomiting, and violent behavior. But there has been no reported follow-up on those initial accounts.

"I will remain vigilant in my efforts to keep these drugs off store shelves and will continue to outlaw emergent synthetic drug compounds. These drugs pose a serious threat to Floridians, particularly our youth," said Attorney General Bondi.

"While synthetic drugs are marketed as safe alternatives to illegal drugs, make no mistake; these synthetics are dangerous," said Florida Department of Law Enforcement Commissioner Gerald Bailey. "Adding these four new concoctions to Florida's schedule 1 drug list strengthens our fight. We will continue our efforts with Attorney General Bondi to identify illegal chemicals and react swiftly."

Bondi said she will work with the state legislature to permanently ban them next year.

While Bondi's action is of a piece with the reflexive prohibitionist response to the earlier new synthetics apparent both in Washington and in state houses around the country, banning new synthetic drugs is not the only possible response to them. New Zealand made headlines worldwide when instead of banning them, it moved to regulate new synthetics.

Tallahassee, FL
United States

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