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Chronicle AM -- June 20, 2014

Two killer narcs face consequences for their actions, New York is set to become the 23rd medical marijuana state, the Pope comments on drug policy, prohibition-related violence flares in Mexico and Peru, and more. Let's get to it:

Killed by a Utah narc. Finally, there might be some justice for Danielle Willard. (facebook.com)
Marijuana Policy

FDA Studying Whether to Reclassify Marijuana. The Food and Drug Administration (FDA) is studying whether marijuana should be moved from Schedule I -- no medical use, high potential for abuse -- to a less restrictive schedule. The agency is acting at the request of the DEA, which is considering another rescheduling petition. Federal agencies have fended off efforts to reschedule marijuana for more than 40 years. The FDA reviewed marijuana's classification in 2001 and 2006 and found no reason to change it then.

Medical Marijuana

New York to Become 23rd Medical Marijuana State. The New York legislature and Gov. Andrew Cuomo (R) reached a last-minute compromise on medical marijuana this week, and today, the state Senate and Assembly approved the compromise bill, Program Bill 57. Gov. Cuomo says he will sign the bill into law, making New York the 23rd medical marijuana state.The bill is more limited than many patients and advocates would have preferred. It forbids smoking medical marijuana, although patients may vaporize or consume it in edibles. It also forbids using the raw plant. And it limits access to those with specified qualifying conditions, including cancer, multiple sclerosis, and epilepsy.

Drug Policy

Pope Says Nope to Dope. Pope Francis told participants at a drug control conference that he opposes marijuana legalization, and he's not so sure about using opiate maintenance to treat heroin users. 'Drugs are an evil, and with evil you can't give way or compromise," Francis said. "Even the partial legalization of so-called recreational drugs, besides being questionable on legal grounds, doesn't produce the intended effects," according to the text of his remarks posted on the Vatican web site.

California Set to End Ban on Food Stamps for Drug Felons. The California legislature has approved a bill that will once again allow people with drug felonies to obtain food stamps. A 1996 federal law barred drug felons from food stamp programs, but also gave states the ability to opt out. With the passage of Assembly Bill 1468, which Gov. Jerry Brown (D) is expected to sign, California will have done so. Only 12 other states continue to ban drug felons from getting food stamps.

Harm Reduction

North Carolina Injury Free Medication and Drug Overdose Prevention Summit Coming Next Month. State agencies and non-profits will take part in medication and overdose prevention summit on July 14 in Raleigh. Click on the lick for more details.

Law Enforcement

Utah Narc Charged With Manslaughter in Death of Danielle Willard. Former West Valley City Police undercover narcotics officer Shaun Cowley has been charged with manslaughter in the November 2012 shooting death of Danielle Misha Willard. Willard, who was unarmed, was shot and killed as she backed up her car in an apartment building parking lot. Cowley and another officer, who were investigating heroin sales, claimed they feared for their lives, but prosecutors didn't buy it. "Mr. Cowley acted in a reckless manner, and the evidence that we have does not support that his life was in danger or give him the justification to use the force that he did," said Salt Lake County prosecutor Sam Gill. The case has already resulted in a major shake-up in the department, and Willard's family has already filed a civil lawsuit.

Georgia Narc Must Pay Millions to Family of Pastor He Killed in Drug Investigation. A federal judge has ruled that Georgia undercover narc Billy Shane Harrison used unreasonable force in the killing of Pastor Jonathan Ayers and must pay his widow $2.5 million. Harrison shot and killed Ayers in a convenience store parking lot as Ayers attempted to drive away from undercover officers approaching him. They thought Ayers had some connection with a woman they were investigating, but he was just acting as a pastor.

International

Cartel Drug Wars Inflaming Mexico's Tamaulipas State. Dozens of people have been killed and numerous others have gone missing in Mexico's northeastern state of Tamaulipas since April as factions of the Gulf Cartel fight for dominance there. Click on the link to read more.

Peru Clashes Leave Soldier, Shining Path Guerrillas Dead. A Peruvian army soldier and three suspected Shining Path guerrillas have been killed in gun battles this week between security forces and suspected drug traffickers in the VRAE (Valleys of the Apurimac and Ene Rivers), a major Peruvian coca producing region. The soldier died fighting "narco-terrorists," Peruvian authorities said.

What To Do About the Drug Trade in West Africa? [FEATURE]

Over the past decade, West Africa has emerged as an increasingly important player in the global illicit drug trade. Although the region has historically not been a drug producing one -- with the important exception of marijuana -- it has become a platform for predominantly Latin American drug traffickers moving their illicit commodities toward lucrative European and Middle Eastern markets. The cocaine traffic alone is worth more than a billion dollars a year, according to a 2013 report from the UN Office on Drugs and Crime (UNODC).

children walking from home to school in Bamako, Mali (JoeyTranchinaPhotography©2014 Sète, France)
And the trade is becoming more complex. Now, it's not only cocaine flowing through the region, but heroin destined mainly for Western Europe and methamphetamines being manufactured there and exported to Asia and South Africa, that same UNODC report found.

The region -- stretching along the African coast from Nigeria to the east to Senegal on the west, and extending deep into the Sahara Desert in countries such as Mali and Niger -- is plagued by weak states and corrupt governments, making it attractive to criminals of all sorts, who thrive in lawless lands. And it's not just criminals. The region is also home to various bands of Islamist militants, some of whom are involved in the drug trade.

Now, a commission of prominent West Africans is calling for fundamental changes in drug policies in the region. Last week, the West Africa Commission on Drugs, issued a report, Not Just in Transit: Drugs, the State and Society in West Africa, calling for the decriminalization of drug use, treating drug use primarily as a public health issue, and for the region to avoid becoming the next front line in the failed war on drugs.

The commission is impressive. It was initiated by former UN Secretary-General Kofi Annan of Nigeria and headed by former Nigerian President Olusegun Obasanjo, and includes other former heads of state as well as a distinguished group of West Africans from the worlds of politics, civil society, health, security and the judiciary.

And so is its very existence. It marks the entrance of West African civil society into the international debate on drug policy in which calls for fundamental drug reform have gained increasing momentum in recent years. In 2008, former Latin American heads of state and other luminaries formed the Latin American Commission on Drugs and Democracy, and in 2011, Annan and other world luminaries and former heads of state came together to form the Global Commission on Drug Policy. Now, West Africa adds its voice to the chorus calling for change.

"We call on West African governments to reform drug laws and policies and decriminalize low-level and non-violent drug offenses," said Obasanjo upon the report's release last week. "West Africa is no longer just a transit zone for drugs arriving from South America and ending up in Europe but has become a significant zone of consumption and production. The glaring absence of treatment facilities for drug users fuels the spread of disease and exposes an entire generation, users and non-users alike, to growing public health risks."

"Most governments' reaction to simply criminalize drug use without thinking about prevention or access to treatment has not just led to overcrowded jails, but also worsened health and social problems," added Kofi Annan.

West Africa
"We need the active support and involvement of civil society and of the international community," said commission member Edem Kodjo. "South America, where most of the drugs smuggled to West Africa come from, and Europe, which is the main consumer market, must take the lead to deal with both production and consumption at home. We cannot solve this problem alone; governments and civil society have to come together in West Africa to help prevent the drug problem from getting completely out of hand."

The report won kudos from American drug reformer Ethan Nadelmann, head of the Drug Policy Alliance.

"First Europe, then the Americas, now Africa," he said. "Drug policy reform is truly becoming a global movement, with Kofi Annan and Olusegun Obasango providing the sort of bold leadership that we've also seen in Latin America. Maybe, just maybe, West Africa will be spared the fate of other parts of the world where prohibition-related crime, violence and corruption spiraled out of control."

But some analysts, while welcoming the report, suggested that it did not get at the heart of the problem in West Africa.

"The report focuses on public health, and that's great, but I'm not sure that's the issue," said Vanda Felbab-Brown, a senior fellow with the Center for 21st Century Security and Intelligence in the Foreign Policy program at the Brookings Institution who has published extensively on West Africa. "Nor are there generally large prison populations due to the arrests of low-level drug offenders. There is increasing drug use, and many addicts don't have access to public health. That, however is not because they were arrested, but because Africa in general doesn't have access to public health," she pointed out.

"In some senses, the commission report is preventative -- it warns of policies that would be counterproductive -- but it is not going to solve West Africa's problems," Felbab-Brown continued. "And the harm reduction approaches that dominate the discourse in Europe and the US are not really apropos for West African public health issues. The increasing focus of the international community is interdiction, but that accounts for only a small fraction of the total traffic, and the report doesn't deal with what kind of alternate law enforcement there should be, or who should be targeted."

But others thought the criminal justice and public health emphasis in the report were a step down the right path.

"The report's message about alternatives to criminalization for use and minor offenses is important in criminal justice terms -- to discourage the horrible over-representation of minor drug offenders in prisons in the region -- but also as a reminder that there are no such alternatives unless the health and social sectors develop those alternatives," said Joan Csete, deputy director of the Open Society Foundation's Global Drug Policy Program.

"Health ministries need to be as important around the drug policymaking table as the police, which is far from the case in most of Africa today," she added. "Services for treatment of drug dependence in the region are absent or of appalling quality. Improving health and social support for people with drug dependence is a key to drug policy reform in West Africa."

And Felbab-Brown agreed that while measures like drug prevention and treatment wouldn't solve the region's problems, they would still be helpful.

"We're already seeing quite a bit of heroin in the region, and we are seeing increasing use," she said. "These are cheap and prevalent commodities, the traffickers partake in kind, and user communities are being established. In a sense, developing strategies to prevent use, get treatment, and prevent the spread of HIV and Hepatitis C is useful because there are more and more users."

drug, security, and insurgency analyst Vanda Felbab-Brown (brookings.edu)
But for Felbab-Brown, the key problem for West Africa is its weak and corrupt states.

"The big trafficking issues are around the intersection of very poor, very weak, very corrupt, and often very fragile states with state participation in various forms of criminality," she said. "Drugs are just another commodity to be exploited by elites for personal enrichment. Elites are already stealing money from oil, timber, and diamonds, and now there is another resource to exploit for personal enrichment and advancement," she argued.

"One narrative has it that drug trafficking has caused fragility and instability, but I think trafficking compounded the problems; it didn't create them," Felbab-Brown continued. "There is a systematic deficiency of good governance. Many of these states have functioned for decades like mafia bazaars, and the trafficking just augments other rents. There are rotten governments, miserable institutions, and poor leadership around all commodities, not just drugs."

"The states are not monolithic," Csete noted. "Some have high-level corruption, some are aggressive in trying to fight money-laundering and other elements of organized criminal networks, some rely heavily on traditional interdiction methods. Some of these countries have relatively strong democratic systems and relatively strong economic growth; some have governance institutions that are less strong."

The state of the states in West Africa influenced the commission and its recommendations, Csete said.

"Legalization of drugs -- production, sale, consumption -- was not judged to be politically feasible or necessarily desirable by the commission," she explained. "I think the commissioners generally perceive that generally these countries do not yet have a political climate favorable to debate on progressive changes in drug policy. The whole idea of the commission and its report is to open those debates -- high-profile people from the region saying things that sitting officials do not find it politically easy to say."

"These are newer post-colonial states," Felbab-Brown noted. "Are we having unreasonable expectations? Is this like Europe in the 13th Century, or is that some of these countries are doomed to exist in perpetual misgovernance?"

While there may be concern in Western capitals about the specter of West African drug trafficking, many West Africans have other, more pressing, drug policy concerns.

In its 2013 report, the UNODC noted that the importation of fake pharmaceutical drugs from South and Southeast Asia into the region was a problem. Joey Tranchina, a longtime drug policy observer who has recently spent time in Mali, agrees.

"Having traversed Mali from Bamako to Mopti, except for the usual oblique indigenous references to smoking weed, the only personal experience I have with drug crime is counterfeit pharmaceuticals from India, China, and Russia," he said. "They're sold cheap in the streets to people who can't afford regular meds and they take the place of real pharmaceuticals, especially malaria and HIV drugs. These drug scams are killing people in Mali," he said.

"Most people in West Africa don't see drug trafficking as that much of a problem," said Felbab-Brown. "If it's mostly going to Westerners, they say so what? For them it is a mechanism to make money, and those drug traffickers frequently become politicians. They are able to create and reconstitute patronage networks around drug trafficking, just as they were once able to get elected with money from blood diamonds."

It seems that, to the degree that drug use and drug trafficking are West African problems, they are problems inextricably interwoven with the broader issues of weak, fragile, and corrupt states that are unable or unwilling to deliver the goods for their citizens. The West Africa Commission on Drugs has pointed a way toward some solutions and avoiding some failed policies already discredited elsewhere, but it seems clear that that is just the beginning.

Chronicle AM -- June 11, 2014

There's money in marijuana, as Colorado keeps finding out, MPP is eyeing Massachusetts in 2016, opponents of Florida's medical marijuana initiative got a big bucks contribution from a major Republican funder, Customs and Border Patrol fires its internal affairs head, the US Embassy in Kabul can't explain what impact $7 billion in anti-drug aid there has had, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

Colorado Marijuana Revenues Keep Climbing. Recreational marijuana sales hit $22 million in April, with the state taking in more than $3.5 million in sales and excise taxes. With medical marijuana sales factored in, people bought more than $53 million worth of weed in Colorado in April.

MPP Opens Ballot Committee in Massachusetts, Eyes 2016. The Marijuana Policy Project (MPP) opened a ballot referendum committee in Massachusetts Tuesday, a preliminary step for a marijuana legalization campaign in 2016. The formation of the committee, the Campaign to Regulate Marijuana Like Alcohol in Massachusetts, allows MPP to begin raising and spending money in the state.

Medical Marijuana

Florida Polls Have Strong Support for Medical Marijuana Among Likely Voters. With medical marijuana on the ballot in November, a new poll shows 70% of likely voters support the constitutional amendment. Because it is a constitutional amendment, it needs 60% to pass. Another poll released this week has support at 66%. "Florida's medical marijuana amendment that will be on the ballot this fall continues to appear headed for easy passage," Public Policy Polling, which did the second poll, wrote in an analysis.

Conservative Billionaire Sheldon Adelson Kicks In $2.5 Million to Defeat Florida Medical Marijuana Initiative. Billionaire casino magnate and major Republican political donor Sheldon Adelson has donated $2.5 million to the campaign to defeat the Florida medical marijuana initiative. A newly-formed group backed by Adelson, the Drug Free Florida Committee, was started by longtime GOP fundraiser Mel Sembler and his wife Betty. It has raised $2.7 million so far and its top donors have been primarily Republicans.

Pennsylvania Medical Marijuana Bill Still Alive. Following a Tuesday hearing on Senate Bill 1182 Tuesday, committee members said they had been assured the bill would get a vote in the Senate Law and Justice Committee, but it will be then up to Senate leaders to decide if they will allow a floor vote. If it gets and wins a floor vote, the House would still have to pass it, or pass its own version.

Methamphetamine

Michigan Bill to Restrict Meth Precursor Purchases Passes House. A bill that would require people with prior methamphetamine convictions to obtain a prescription to buy cold medicines containing pseudoephedrine has passed the House. The bill also creates a statewide database for pseudoephedrine purchases and would require buyers to show the drivers' licenses.

Opiates

New York Governor Announces Doubling of State Police Drug Team to Fight Heroin, Prescription Pill Use. Gov. Andrew Cuomo (D) announced this morning that he will add 100 investigators to the State Police Community Narcotics Enforcement Team, nearly doubling the unit's size. He also announced that the state would make the overdose reversal drug naloxone to all first responders. And he announced an education and prevention campaign involving SUNY campuses.

New England Governors to Meet Next Week on Confronting Rising Opiate Use. The six New England governors are set to meet next week at Brandeis University in Waltham, Massachusetts, to forge a regional strategy in response to growing alarm over increased use of prescription opiates and heroin. Massachusetts has declared a public health emergency over opiates, and other states in the region are experiencing similar issues. [Ed: Whether any of the New England governors, or New York's governor and narcotics police, will bear in mind the needs of chronic pain patients, remains to be seen.]

Law Enforcement

Myles Ambrose, Nixon's First Drug Czar, Dies. Myles Ambrose has died at age 87. He was President Richard Nixon's first "drug czar," serving as head of the White House Office of Drug Abuse Law Enforcement (ODALE), the precursor to the DEA, which was formed in 1973. He had come to Nixon's attention when, as head of Customs, he initiated Operation Intercept, which shut down the US-Mexico border in 1969. Ambrose appeared set to take over DEA, but was pushed aside, in part due to bureaucratic infighting and in part because of hints of scandal related to his visits to the home of a Texas banker investigated in a drug trafficking conspiracy.

Customs and Border Protection Fires Its Own Head of Internal Affairs. The US Customs and Border Patrol (CBP) has let go James Tomsheck, head of internal affairs for the agency, after claims he failed to investigate hundreds of allegations of abuse. More than 800 complaints of abuse by agents had been made during his tenure since 2006, but only 13 resulted in disciplinary actions. Tomsheck's firing by CBP head Gil Kerlikowske is part of an attempt by Kerlikowske to address widespread allegations of abuse by American border agencies. Last week, Kerlikowske set out new rules for the use of deadly force, only to be followed hours later by a Border Patrol agent shooting and killing a fleeing drug trafficker. At least 22 people have been killed by Border Patrol agents since January 2010 and many more injured.

Sentencing

New Jersey Bail Reform Bill Gets Committee Vote Today. The Assembly Judiciary is set to consider Assembly Bill 1910, which would implement widely supported reforms to the state's bail system. Under the proposed legislation, arrestees would be assessed for risk and pretrial release decisions would be based on their measured risk, not their ability to pay money bail. Companion legislation in the state Senate, Senate Bill 946, was approved by the Budget and Appropriations Committee last week.

International

Rising Afghan Opium Production Threatens Reconstruction, US Official Says. Afghanistan's record-level opium production is stoking corruption, spilling into the financial sector, and aiding the Taliban and criminal networks, all of which threaten national reconstruction, John Sopko, the special inspector general for Afghan reconstruction, told a House subcommittee Tuesday. The US has spent $7 billion on anti-opium efforts since it invaded Afghanistan in late 2001, but "On my trips to Afghanistan in 2013 and earlier this year, no one at the Embassy could convincingly explain to me how the US government counter-narcotics efforts are making a meaningful impact on the narcotics trade or how they will have a significant impact after" the US-led combat mission ends in December," Sopko said.

Finland Greens Call for Marijuana Legalization, Drug Policy Shift From Punishment to Harm Reduction. The Finnish Green League has adopted a new manifesto on drugs that says "the focus of drug policy should be shifted from punishments to reducing adverse effects" and that "the criminal sanctions for the use of cannabis as well as the possession and cultivation of cannabis for personal use should be abolished." The Greens hold 10 seats in Finland's 198-seat parliament and are part of the ruling six-party "rainbow coalition" government.

Chronicle AM -- June 2, 2014

A Nevada marijuana legalization initiative picks up a key endorsement, Iowa joins the ranks of the CBD medical marijuana states, Tennessee's governor gets ready to roll out a new plan to address prescription drug use, thousands march for legalization in Santiago, Chile, the Peruvian president backs away from forced coca eradication, and more. Let's get to it:

Coca eradication not too popular in Peruvian towns with coca leaf statues in the main plaza (Phillip Smith)
Marijuana Policy

Nevada's Largest Newspaper Endorses Legalization Initiative. The Las Vegas Review-Journal, by far the largest circulation newspaper in the state, has endorsed the state's fledgling legalization initiative, which has set its sights on 2016. Click on the title link to read the Sunday editorial.

California Sen. Feinstein Opposes Cutting Federal Funds for Medical Marijuana Raids. Just hours after the US House approved an amendment that would block the Justice Department and the DEA from using taxpayer funds to go after medical marijuana providers in states where it is legal, Sen. Dianne Feinstein (D-CA) said that "if a similar amendment were offered in the Senate, I would strongly oppose it." She said that while she sympathizes with patient needs, "rogue medical marijuana dispensaries, which require little or no medical bona fides and are prevalent throughout California, present major challenges for communities across the country." The 80-year-old politician credited the feds with closing more than 400 "rogue dispensaries" and worried that "the House amendment would prevent these critical enforcement activities from continuing."

Medical Marijuana

Iowa Governor Signs Limited CBD Medical Marijuana Bill. Gov. Terry Branstad (R) last Friday signed into law Senate File 2360, which will allow people suffering seizure disorders to use high-CBD cannabis oil with a neurologist's recommendation.

Illinois Senate Approves Medical Marijuana for Minors, People With Epilepsy. The state Senate last Friday approved a bill that would allow minors and people of all ages suffering from epilepsy to use medical marijuana. The legislation is Senate Bill 2636. It has already passed the House and now goes to the desk of Gov. Pat Flynn (D).

Prescription Opiates

Tennessee Governor to Unveil Plan to Address Pain Pills Tomorrow. Gov. Bill Haslam (R) will announce tomorrow a seven-point plan to address rising levels of prescription opiate use. One official said drug treatment will be a key component. In recent years, Tennessee has enacted prescription monitoring legislation and cracked down on doctors accused of over-prescribing opiates. Just last month, a committee of physicians appointed by the health commissioner agreed on new prescribing guidelines that set limits on daily doses doctors can prescribe. The program to be announced tomorrow is supposed to have seven points. Stay tuned.

Law Enforcement

Homicide Charges for Heroin Overdoses Rise in Wisconsin, But…. In a fine example of investigative journalism, the Gannet Wisconsin Investigative Media Team has released an analysis of the increasing use of homicide charges in heroin overdose cases in the state. Under Wisconsin law, anyone who makes, sells, or delivers a controlled substance that leads to an overdose death can by charged with first-degree reckless homicide by drug delivery. The report finds the number of such prosecutions spiking, but that sentences all over the place and the likelihood of being prosecuted depends largely on which county you are in. A good read.

In Warren County, Kentucky, the Drug War Dominates the Court Docket. The latest batch of indictments is out from the Warren County grand jury in Bowling Green, and more than half of them are for drug offenses. Nineteen people were indicted, 11 of them for drug offenses. There were four for possession of meth precursors, three for drug trafficking, two for marijuana trafficking, and one each for meth manufacture and drug possession. There was also one assault, one grand theft, and some drunk driving and "flagrant nonsupport" charges. Drug charges accounted for 58% of all the indictments.

International

Peru President Backs Off on Forced Coca Eradication in the VRAE. In a televised speech Sunday night, Peruvian President Ollanta Humala said he is indefinitely postponing plans to forcibly eradicate coca crops in the valleys of the Apurimac, Ene, and Mantaro Rivers (VRAE). The announcement came just days after Humala fired Carmen Macias as head of the anti-drug agency DEVIDA. Macias had been a strong advocate of a militarized eradication in the region, which produces more than half the country's coca crop and is also home to remnants of the Shining Path. Critics had warned that an aggressive eradication campaign would only help such rebels.

Uruguayan Presidential Candidate Who Vowed to Undo Marijuana Legalization Loses in Primary. "We are going to overturn this law that legalized marijuana growing. Nobody plant anything! Don't plant anything because we're going to knock it down!" National Party presidential nomination favorite Sen. Jorge Larranaga said ahead of Sunday's primary election to see who would get a chance to succeed outgoing President Jose Mujica. But instead, Larranaga lost in a surprise outcome.

Thousands March for Marijuana Legalization in Chile. Thousands of people marched through the streets of Santiago, the Chilean capital, Sunday in support of marijuana legalization. "Don't drive and drive, smoke and fly!" read one sign. Much open marijuana use was reported. Demonstrators demanded decriminalization and legalization, specifically including the right to grow their own.

New Bermuda Premier Says No to Marijuana Legalization, But Leaves Door Open for Decriminalization. Incoming Bermuda Premier Michael Dunkley said last Friday his administration has no plans to legalize marijuana, but could get behind a decriminalization scheme. Dunkley's comments came during a debate on the findings of the Cannabis Reform Collaborative, whose report earlier this month called for medical marijuana, decriminalization, and eventual legalization. "I think it is important to reiterate that the government's public undertaking has related to decriminalization and any potential wider use of cannabis," Dunkerly said. "Let me indicate early in this debate that at this time, the government is not prepared to consider personal cultivation, licenses for commercial cultivation and sale or blanket legalization of cannabis. In so far as this report recommends those things, they do not represent this government's current intentions."

Chronicle AM -- May 19, 2014

The feds will still arrest you for marijuana possession on their property in DC even though the city has decriminalized, Chicago cops will still arrest you for possession even though they could just give you a ticket, decrim initiatives are coming to Kansas cities, Minnesota becomes the 22nd medical marijuana state, Mexico doesn't want to legalize it, and more. Let's get to it:

The Taliban's Pakistani cousins are financing operations by taxing the drug trade, a new report says. (wikimedia.org)
Marijuana Policy

DC US Attorney Will Still Prosecute Marijuana Possession on Federal Property. No matter that the District of Columbia has decriminalized the possession of small amounts of marijuana. The office of the US Attorney for the District says anyone caught with pot on federal property could still be prosecuted under federal law, but that decisions will be made on a case-by-case basis. "Individuals arrested for merely possessing, but not using, less than one ounce of marijuana on federal property would be presented to our office for potential prosecution under federal law," said William Miller, public information officer for the DC US attorney. "We will assess each case on an individualized basis, weighing all available information and evidence, consistent with Justice Department enforcement priorities and the need to use our limited investigative and prosecutorial resources to address the most significant threats to public safety. We rely heavily on diversion programs in our local marijuana prosecutions, and would likely do the same with respect to federal offenses."

Despite Ticketing Ordinance, Chicago Cops Still Arresting People for Pot Possession. A 2012 Chicago ordinance allows police to ticket small-time marijuana possession offenders instead of arresting them, but the cops keep arresting people anyway, according to a study released today by the Illinois Consortium on Drug Policy. The study, "Patchwork Policy: An Evaluation of Arrests and Tickets for Marijuana Misdemeanors in Illinois," is available here. In Chicago, 93% of small-time pot possession violations resulted in arrest, not tickets, the study found. That's worse than other Illinois localities that have adopted similar measures. But the Chicago Police say implementing the new ordinance is slow and that the number of people arrested for misdemeanor possession dropped by 5,000 between 2011 and 2013.

Marco Rubio Says No Responsible Way to Smoke Pot. In an interview airing today, junior Florida senator and possible Republican 2016 presidential candidate Marco Rubio refused to say whether he had ever used marijuana, came down in opposition to decriminalization, and said there was no "responsible" way to smoke pot. "I don't want my kids to smoke marijuana. And I don't want other people's kids to smoke marijuana. I don't think there is a responsible way to recreationally use marijuana," he said. "The bottom line is, I believe that adding yet another mind-altering substance to something that's legal is not good for the country," he said. "I understand there are people that have different views on it, but I feel strongly about that."

Decriminalization Initiative Campaigns Underway in Wichita, Other Kansas Cities. Kansas for Change, a group that seeks to legalize marijuana in the Jayhawk State, is taking aim this year at the state's largest city, among others. The group is now gathering signatures to put a decriminalization initiative before the Wichita city council. If the group can gather 4,300 signatures, the council must either approve the measure or put it before the voters. Similar petition drives are also ongoing in Emporia, Lawrence, Salina, Topeka, and Wyandotte County (Kansas City, KS).

Medical Marijuana

Minnesota Legislature Passes Compromise Medical Marijuana bill, Governor Will Sign It. Minnesota is set to become the 22nd medical marijuana state after the state House and Senate gave final approval Friday to compromise legislation that will provide some patients access to medical marijuana, but not allow them to smoke it. Patients are allowed to use it in the form of liquids, pills, and oils, including those produced from whole plant extracts, as well as through vaporization, but cannot use it in its standard form of buds. Two marijuana product manufacturers will be registered by the state, with eight distribution centers, and only pharmacists will be allowed to dispense it.

Drug Policy

The Incredible Whiteness of Drug Policy Reform. Celebrity Stoner's Steve Bloom has held up a mirror to the face of the American drug reform movement and is blinded by the white. Responding to a critique of marijuana reform groups from Drug Policy Alliance board member Dr. Carl Hart that "their rank and file to their advisory boards consists almost exclusively of white, privileged and devoted marijuana smokers," Bloom decided to take a look. He surveyed seven major reform groups and found that of 325 staff and board members, only 19 were black, 12 were Latino, and nine were Asian. The movement does a bit better on gender, with 101 women. Click on the link for all the details.

International

Mexico Poll Finds Little Support for Marijuana Legalization. A poll commissioned by the Mexican congress's lower house as it ponders marijuana reform legislation has found little popular support for it. The survey carried out by the chambers Center for Social Studies and Public Opinion found that 70% opposed legalization, with only 20% in favor. And nearly 62% said legalizing marijuana would have no or little impact on drug trafficking and associated crime and violence. Click on the link for more details.

Jamaica Religious Figure Gives Blessing to Marijuana Sector. The Rev. Rennard White, president of the Missionary Church Association and vice-president of the Jamaica Evangelical Alliance, has said that marijuana can be a panacea for Jamaica's economic problems. "I hope the ganja industry will come of age and be properly treated with so we can reap the maximum benefit with minimum loss," White told congregants at the Covenant Moravian Church Sunday. His remarks were greeted "with thunderous applause."

US Says it Welcomes Progress in Colombia Peace Talks. After the Colombian government and the guerrillas of the FARC announced agreement on drug issues Friday, the State Department has now responded. "The United States welcomes the announcement of further progress in efforts to achieve the peace the Colombian people deserve through negotiations," Secretary of State Kerry said in a statement. "Resolving the question of narcotics production and trafficking is central to achieving that peace. We congratulate president Santos and the Colombian government for this advance," he added. Kerry went on to say that "Colombian government officials underlined the importance of maintaining both manual and aerial eradication capabilities," although the joint communique from the FARC and the Colombian government says that aerial eradication will only be a last resort conducted in conjunction with the wishes of local communities.

Pakistani Report Says Militants Being Financed By Taxing Drug Trade. A report prepared by Pakistani security services says militant groups based in the Kyhber Agency, the Frontier Region, and Peshawar are depending on a number of criminal activities, including taxing the drug trade from bordering Afghanistan, to finance their activities. One group even organizes a "hash fair" thrice a week in Orazkai Agency, the report said. But other than that, the groups rely on taxation and not direct involvement in the drug trade.

Colombia, FARC Reach Accord on Drug Issues

The Colombian government and the Marxist guerrillas of the FARC have reportedly reached an agreement on how to deal with drug issues, the third item in a five-part agenda for peace talks that have ongoing in Havana since 2012.

Both Reuters and Business Week reported Friday afternoon that an agreement had been reached. Both cited Colombian government officials who spoke anonymously because the agreement hasn't been made public yet. And neither have the details.

[Update: The FARC and the Colombian government have now released a joint communique outlining the areas of agreement. They include programs for crop substitution, the end of aerial eradication--although the government maintains the ability to undertake it in extreme circumstances--a national drug use prevention education program, a national drug rehabilitation program, and Colombia challenging current drug control policies in international forums like the United Nations.]

The FARC has been at war with the Colombian state for half a century. Flush with profits from the coca and cocaine trade, it surged in the 1990s, but was beaten back by a vicious counterinsurgency led by the government of former President Alvaro Uribe and backed by billions of dollars in US anti-drug, and later, anti-terrorism assistance. Also aligned with the Colombian state were rightist paramilitary organizations involved in the drug traffic.

The government of President Juan Santos has attempted to end the seemingly perpetual conflict by engaging in the peace talks. Santos is up for reelection later this month against a hard-line Uribe ally, Oscar Ivan Zuluaga, whose position is that the FARC must agree to lay down its weapons before engaging in peace talks. This apparent progress in the slow-moving talks could help Santos when voters go to the polls on May 25.

While the FARC has refused a cease-fire while talks are ongoing, on Friday it also announced that it would temporarily cease operations in the days just before and after the election.

The FARC had entered this phase of the negotiations with a 10-point program on the drug issue, including special protections for coca producers, alternative development programs, development of licit uses for coca, poppy, and marijuana crops, an end to aerial fumigation of drug crops, and an to militarized drug law enforcement, decriminalization of drug producers, workers, and consumers, and recognition of problematic drug use as a public health, not a criminal justice problem.

Havana
Cuba

Chronicle AM -- May 16, 2014

The DEA is in the hot seat, it looks like Minnesota will be the next medical marijuana state (but they won't be able to smoke it), California could actually get around to regulating its dispensary system, California voters will vote on whether to drug test doctors (!), the Russians are snarking about Afghanistan, and more. Let's get to it:

DEA administrator Michele Leonhart may be approaching her "sell by" date, and so may the agency she heads. (doj.gov)
Marijuana Policy

Federal Grand Jury Investigating Northern California County's "Pay to Plead Down" Program for Marijuana Defendants. Critics of the Mendocino County program that offers pot defendants a chance to cop a plea to a lesser charge in exchange for "sizeable restitution payments" call it the "Mendo shakedown." Under the program, defendants agree to pay $50 for each plant seized and $500 per pound, typically in exchange for a misdemeanor plea. It has generated $3.7 million in payments to local law enforcement agencies, and supporters say it is a way to reduce the logjam of marijuana cases, not subject local growers to harsh sentences, and compensate police for their marijuana enforcement work. Now, a federal grand jury is looking into it. The Santa Rosa Press-Democrat has a lengthy report; click on the link.

Medical Marijuana

California Medical Marijuana Regulation Bills Poised for Movement. Two bills seeking to bring some order to California's Wild West medical marijuana industry are set to move in coming days. Assembly Bill 1894, filed by Tom Ammiano (D-San Francisco) could get a floor vote in the Assembly before month's end, which it must do to stay alive. In the Senate, a similar -- but not a companion -- bill will go the Appropriations Committee on Monday. Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), also must pass out of its chamber of origin by the end of the month or it dies, too.

Minnesota Will Get Medical Marijuana, But Not Buds. Under a compromise reached by lawmakers Thursday, Minnesotans will get a medical marijuana bill, but they won't be able to smoke their medicine. They can only use it in the form of liquids, pills, or oils, and they can vape, but not smoke it. Both houses had passed bills last week, with the House version being more restrictive. Gov. Mark Dayton (DFL) said Thursday he will sign the compromise measure. That would make Minnesota the 22nd medical marijuana state.

New York Medical Marijuana Bill to Get Senate Committee Vote Tuesday. The long-stalled effort to pass a medical marijuana bill in the Empire State could take a big step forward Tuesday. That's when the Senate Health Committee will take up Senate Bill 4406. The Health Committee is only the first stop in the Senate, though; it must then pass the Senate Finance Committee before going to a Senate floor vote.

New York Republican Files No Smoking Medical Marijuana Bill. State Sen. Phil Boyle (R-Bay Shore) has filed a bill that would allow for the use of medical marijuana, but bar "delivery through smoking." The bill is Senate Bill 7509, and it could signal a possible compromise that Senate Republicans could get behind.

Oregon Circuit Court Judge Rules State Medical Marijuana Law Conflicts With Federal Law; Is Unenforceable. In a case involving the right of the city of Medford to revoke the business license of a dispensary, a Jackson County circuit court judge has ruled that the state's Oregon Medical Marijuana Act is "unenforceable" because it conflicts with federal law. Expect the decision to be appealed.

Drug Policy

DEA Head Chastened After Being Taken to the Woodshed Over Sentencing Remarks. DEA Administrator Michele Leonhart's lack of support for Obama administration mandatory minimum sentencing reforms at a congressional hearing last month got her a good talking to from her boss, Attorney General Eric Holder, The Huffington Post reports. She's been off the reservation on other issues as well, especially around the administration's relatively enlightened approach to marijuana policy, and just this week, her agency has been messing with Kentucky's effort to do legal hemp research. But it was her refusal to endorse changes in mandatory minimums that got her sent to the boss's office. Now, the DEA says Leonhart "supports the Attorney General's sentencing reform initiative."

Drug Policy Expert Mark Kleiman Says It May Be Time to Do Away With DEA. In the same Huffington Post piece cited above, drug policy expert and current advisor to the state of Washington on marijuana legalization implementation Mark Kleiman said that while, in the past, he opposed dissolving the DEA and splitting its function, he is changing his tune. "Any DEA administrator feels an organizational imperative to support the existing drug laws and sentencing structure, even when doing so means opposing the purposes of the attorney general and the president, as we see currently," Kleiman said. "So I'd be inclined to reconsider my former opposition to merging the DEA" and perhaps the Bureau of Alcohol, Tobacco, Firearms and Explosives, into the FBI. "That would allow the combined agency to turn the skills and aggression of today's DEA agents against gun traffickers, cigarette smugglers, and purveyors of political violence."

Drug Policy Alliance Calls for DEA Head to Resign. The Drug Policy Alliance has had enough of DEA head Michele Leonhart. Today, Bill Piper, the group's head of national affairs, called on her to resign. "For months Drug Enforcement Administration (DEA) Administrator Michele Leonhart has openly rebuked the drug policy reform policies of Attorney General Eric Holder and President Obama with one embarrassing statement after another," he wrote. "Now she is picking a fight with Minority Leader Mitch McConnell (R-Y) and other members of Congress over hemp. Meanwhile the Department of Justice's Office of the Inspector General has launched an investigation into multiple scandals plaguing the agency. It is clear that Leonhart lacks the ability to lead and should resign. Activists are using the Twitter hashtag #FireLeonhart." There's much more at the link.

Drug Testing

California Initiative to Drug and Alcohol Test Doctors Qualifies for November Ballot. An initiative that would require drug and alcohol testing of doctors and the reporting of a positive result to the state medical board has qualified for the November ballot. The Secretary of State's office announced yesterday that the Troy and Alana Pack Patient Safety Act of 2014 would also require that doctors be suspended pending investigation of a positive test and that the board take disciplinary action if the doctor was impaired while on duty. The measure also requires doctors to report other doctors they suspect of drug or alcohol impairment and requires health care practitioners to consult the state's prescription drug database before prescribing certain controlled substances.

Law Enforcement

No Drugs Found in Raid Where Texas SWAT Officer Was Killed. Oops. The pre-dawn, no-knock home invasion drug raid that ended up with one Killeen SWAT officer shot dead and three more wounded didn't find any drugs. Killeen Police Detective Charles Dinwiddie died trying to execute a search warrant after an informant said he had spotted "bags of cocaine" at the residence, but all the raiders came up with was a glass pipe. Dinwiddie is the second Texas law enforcement officer to die in a pre-dawn, no-knock drug raid in the past five months. A grand jury refused to indict the shooter in the first case. Stay tuned to see what happens in this one.

International

Russians Call for Single International Drug Office to Deal With Afghan Heroin. Viktor Ivanov, Russia's chief anti-drug official, said Thursday that all of the various international efforts to stifle the Afghan drug trade should be merged into a single, internationally-supervised office. "We suggest the creation of an international headquarters or an office for combating the planetary center of drug production in Afghanistan. The goal of the HQ would be to consolidate the currently separate anti-narcotic programs in Afghanistan and to create an effective, internationally-supervised mechanism to eradicate drug production," Ivanov said. He also implicitly criticized the US and the West for letting opium cultivation get out of control while NATO forces occupied the country. The effort had been "a fiasco," he said. Ivanov is among the Russian officials sanctioned by Washington in response to the Ukraine crisis.

Lebanese Cannabis Farmers Benefiting from Syrian Conflict. Lebanese security forces are too busy dealing with the Syrian civil war raging on the country's border to pay much attention to a reviving cannabis industry in the Bekaa Valley, The Financial Times reports. Lebanese security forces quit raiding the Bekaa's pot farms two years ago, fearful of creating more unrest, and last year the crop brought in an estimated profit of $175 million to $200 million. "You couldn't make this kind of money growing gold," one farmer laughed. While some Lebanese politicians, including Druse leader Walid Jumblatt, have called for legalizing the crop, the farmers don't agree. The profits are too good, they said.

Four Mexican Soldiers Killed in Apparent Cartel Attack in Jalisco. Four soldiers were killed in the western state of Jalisco earlier this week when the military truck they were riding in was attacked in Guachinango, about 80 miles from the state capital of Guadalajara. The attackers crashed a pick-up truck into the army vehicle, setting it ablaze, then opened fire. Investigators suspect the attack was staged by the Jalisco New Generation cartel, which is in a turf war with the Knights Templars cartel in neighboring Michoacan. There are accusations that New Generation has allied itself with some of the vigilantes fighting the Knights Templar.

Saudi Arabia to Drug Test All Public Employees. Newly recruited teachers are first in line, but all public employees of the Saudi state are going to be drug tested, according to local media reports. The move is intended to "counter the increasing abuse of narcotics in the country's public service," the reports said.

Chronicle AM -- May 9, 2014

House Republicans were "concerned" about DC's decrim at a hearing this morning, an Oregon poll shows a majority for legalization, harm reduction measures move in three states, an Oklahoma medical marijuana initiative is about to start signature-gathering, and more. Let's get to it:

Overdose prevention measures move in three states. (wikipedia.org)
Marijuana Policy

House Panels Debates DC Decriminalization Law. Republican members of a House Oversight subcommittee sharply questioned the District's move to decriminalize the possession of small amounts of marijuana Friday but did not indicate they would move to overturn the legislation passed by District lawmakers this spring. Rep. John L. Mica (R-FL), the panel's chair, said he was "not here to negate District law" but doubted whether the city's law would address its stated goal of reducing racial disparities in marijuana arrests. The hearing came amid warnings that it could be a first step toward Congress overturning the measure. Del. Eleanor Holmes Norton (D) told the committee it was inappropriate for the House to hold a hearing on only the District's laws when "18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana. She told The Washington Post in an interview she doubted Republicans would move directly to overturn the law. Click on the link to get more flavor of the hearing.

Oregon Poll Has 54% for Marijuana Legalization. In what is moderately cheery news for Oregon marijuana initiative organizers, a new OPB has support for legalization at 54%. Two different initiative campaigns are in the signature-gathering phase, so voters could have the chance to vote twice to legalize it. This is only moderately cheery news because initiative experts like to see support at 60% or higher at the beginning of a campaign, and because the poll's +/- 4.9% margin of error could mean support is really only at 50%. Still, the trend seems to be in the right direction. The last poll from OPB that asked about legalization a year and a half ago only had support at 43%.

New York City Pot Arrests Drop, But Only Moderately. Minor marijuana arrests in New York City have plunged in recent years amid questions about police tactics. But new statistics show the arrests dropped more modestly in the first three months of a new mayoral administration that has pledged to reduce them. Arrests for the lowest-level marijuana crime fell 34% in the first quarter of 2013 -- and 9% in the first quarter of this year, to roughly 7,000, according to state Division of Criminal Justice Services data obtained by The Associated Press. Both comparisons are to the same period in the previous years. Drug reform activists said this year's numbers show that problematic police practices continue despite new Mayor Bill DeBlasio's criticism of high marijuana arrest numbers.

Medical Marijuana

Oklahoma Initiative Will Start Signature Gathering May 18. The Oklahoma Compassionate Cannabis Campaign will begin signature-gathering for its medical marijuana initiative on May 18. The campaign needs 155,216 valid voter signatures to qualify for the November ballot.

Minnesota Medical Marijuana Study Bill Wins House Committee Vote. A bill that would fund a study on the therapeutic effects of marijuana was approved by the House Ways and Means Committee Thursday. Senate File 2470 was filed by Rep. Carly Melin (DFL-Hibbing) after her earlier, full-fledged medical marijuana bill, House File 1818 was blocked by law enforcement and the governor. It now goes to the House floor. Meanwhile, Senate File 1641, the companion to Melin's earlier bill, remains alive in the Senate.

Harm Reduction

California Overdose Antidote Bill Passes Assembly. A bill to expand access to the overdose reversal drug naloxone (Narcan) unanimously passed the Assembly Thursday. Assembly Bill 1535 would permit pharmacists to furnish the lifesaving drug to family members; people who may be in contact with a person at risk of an opiate overdose; or to the patient requesting it, pursuant to guidelines to be developed by the state's boards of pharmacy and medicine. It also ensures proper education and training for both the pharmacists and the consumers. The bill now moves to the Senate.

Louisiana Overdose Antidote Bill Wins Senate Committee Vote. A state Senate panel gave quick approval Wednesday to legislation that would allow first responders to provide a life-saving drug to those overdosing on heroin. House Bill 754 would give law enforcement officers, firefighters and emergency medical personnel the authority to administer a drug that reverses the effects of heroin during an overdose. The Health and Welfare Committee sent the measure to the Senate floor for debate.

Minnesota Legislature Approves Overdose Antidote, Good Samaritan Bill. Both the House and the Senate voted Wednesday to approve a measure allowing first responders, law enforcement and some nonmedical professionals to administer a drug that can counteract the effects of a heroin overdose and also provides immunity to users who call 911 in the event of an overdose. House File 2307 now awaits the signature of Gov. Mark Dayton (DFL).

Foreign Policy

GOP Bill Would Define Hezbollah as Global Drug Kingpin. Rep. Mark Meadows (R-NC) has introduced a bill aimed at weakening the Lebanese Shiite militant group Hezbollah. "The Hezbollah International Financing Prevention Act (House Resolution 4411) broadens financial sanctions against the group, targets its propaganda television station al-Manar, and urges the president to define Hezbollah as a 'global drug kingpin,' giving the administration another weapon to cripple Hezbollah's operations. The bill also codifies into law the policy of the United States to prevent Hezbollah's global logistics and financial network from operating," Meadows wrote in a press release. The measure has been referred to the House Foreign Affairs and Financial Services committees.

Chronicle AM -- January 16, 2014

Florida's medical marijuana initiative appears poised to qualify for the ballot (if it survives a challenge in the state Supreme Court), a new poll finds the country evenly split on marijuana legalization, Afghanistan was on the agenda in the Senate yesterday, and more. Let's get to it:

harvesting opium poppies in Afghanistan (unodc.org)
Marijuana Policy

ABC News/Washington Post Poll Has Americans Split on Marijuana. A new ABC News/Washington Post poll has support for marijuana legalization nationwide at 49%, with 48% opposed. The poll is in the same ballpark as other polls since the November 2012 elections, where support for legalization has ranged between 45% and 58%. Click on the link to see full poll results.

DEA Operations Chief Bemoans Marijuana Legalization Trend. DEA operations chief James Capra told a Senate committee Wednesday that marijuana legalization at the state level was "reckless and irresponsible" and could lead to dire consequences. "It scares us," Capra said, responding to a question. "Every part of the world where this has been tried, it has failed time and time again." [Editor's Note: No country had legalized marijuana until Uruguay did late last year, and that hasn't gone into effect yet. If Capra is referring to Amsterdam, where sales are tolerated, if not technically legal, cannabis coffee shops are now in their fourth decade of existence, and the problems associated with them are relatively trivial.] "There are more dispensaries in Denver than there are Starbucks," he continued. "The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It's a bad thing. This is a bad experiment. It's going to cost us in terms of social costs."

Missouri Marijuana Legalization Petitions Approved for Circulation. Secretary of State Jason Kander announced Wednesday that 13 marijuana legalization initiatives had been approved for signature-gathering. The bakers' dozen initiatives are all variations on a theme: legalize and regulate marijuana in Missouri. They were submitted by Columbia defense attorney Dan Viets, the chairman of the activist group Show-Me Cannabis. To make the November 2014 ballot, organizers must gather 157,778 valid voter signatures for at least one of them by May 4.

Maryland Coalition to Legalize Marijuana Launched. Maryland legislators Thursday launched an effort to get a marijuana legalization bill, the Marijuana Control Act of 2014, passed this year. They were joined at a press conference by members of the newly formed Marijuana Policy Coalition of Maryland, which includes the ACLU of Maryland, Law Enforcement Against Prohibition, the Maryland League of Women Voters, the Marijuana Policy Project, and the Maryland NAACP.

Medical Marijuana

Florida Initiative Campaign Has Gathered 1.1 Million Signatures. The folks behind the Florida medical marijuana initiative, United For Care/Patients United for Freedom, announced Wednesday night that they had gathered 1.1 million signatures, nearly half a million more than needed to qualify for the ballot. While all the signatures haven't been validated yet, organizers are now confident they will pass that hurdle. Now, they have to wait and see if the state Supreme Court is going to allow the effort to move ahead.

Washington Patients, Advocates Speak Out Against Bill That Would Gut Medical Marijuana System. The House Health Committee got an earful from medical marijuana advocates at a hearing Wednesday on House Bill 2149, which would eliminate cultivation cooperatives (and thus, dispensaries) by 2020 and reduce the amount of marijuana patients could possess and the number of plants they could grow. The bill mirrors many of the recommendations of the state Liquor Control Board, which is charged with implementing I-502 marijuana legalization.

Hemp

Indiana Hemp Bill Introduced. State Sen. Richard Young (D-Milltown) has introduced Senate Bill 357, which would allow the Department of Agriculture to license industrial hemp growing and production. The bill requires the department to get necessary approvals from the federal government, which has yet to approve any such production anywhere in the US.

Illinois Hemp Bill Seeks New Life in 2014. State Rep. Kenneth Dunkin (D-Chicago) introduced a hemp bill, House Bill 2668, last year, but it has languished in committee despite picking up some bipartisan support. He said Wednesday that he was cautiously optimistic that opposition may be softening, and the bill could move this year.

Heroin

Maine Heroin Deaths Up Fourfold from 2011 to 2012. The number of heroin overdose deaths in Maine quadrupled between 2011 and 2012, according to numbers released by state officials Wednesday. Officials said the increase was due to tightening restrictions on the use of prescription opiates, a cheap heroin supply, and, possibly, cuts in MaineCare. But while the increase was dramatic, the 28 heroin overdose deaths reported in 2012 is well below the 2005 peak of 43. In the years between 2005 and 2011, heroin deaths declined steadily.

Heroin Prevention Bill Package Passes Wisconsin Assembly. The State Assembly Wednesday passed the HOPE (Heroin Opiate Prevention and Education) package of four bills designed to reduce the number of overdose deaths in the state. Sponsored by Rep. John Nygren (R-Marinette), one bill would allow anyone to use naloxone to reverse overdoses, another would grant legal immunity to drug users who call for help in an overdose emergency, a third would allow communities to establish prescription drug drop-off points, and the fourth would require people to show ID when picking up prescription drugs. The naloxone and legal immunity bills are Assembly Bill 446 and Assembly Bill 447. The package now moves to the Senate.

Kratom

Oklahoma Wants to Ban Kratom, But Meets Resistance. The Oklahoma Bureau of Narcotics wants to ban the Southeast Asian herb kratom, which it calls "the legal form of heroin," but kratom fans are responding with dismay and disputing the narcs' assessment. Kratom is not a controlled substance under federal law, but narc Mark Woodward said he planned to ban it until it is federally proven to have medical benefits. Kratom users have started a petition to challenge efforts to ban Kratom.

Drug Courts

Study Finds Drug Courts Ignore Science When it Comes to Opiate Substitution Therapies. A small study of drug courts in New York state finds that their skeptical approach to opiate substitution therapies (OST), such as methadone and buprenorphine, can be a barrier to successful treatment. "Many courts do not respect medical consensus on scientifically sound treatment standards. Some courts included OST as part of court-mandated treatment options, while others allowed OST for a court-defined period of time as a bridge to abstinence. Still others showed intolerance and even disdain for anything having to do with methadone and buprenorphine, or -- as with the drug court in Albany County -- refused outright to admit people on methadone or buprenorphine treatment," the authors wrote. "Ordering people who are dependent on opioids to get off their prescribed methadone or buprenorphine medicines can force patients to seek out and become dependent on other opioids like prescription analgesics. Addiction to prescription opioids has been recognized as a priority problem by U.S. policy-makers, but drug courts may be exacerbating it."

Search and Seizure

ACLU Sues Border Patrol Over Interior Border Check Point Searches. The American Civil Liberties Union (ACLU) has filed suit against the Border Patrol, claiming its agent routinely violate the constitutional rights of local residents by stopping and searching them at interior checkpoints on highways near the border. In a 1976 ruling, the US Supreme Court ruled that immigration checkpoints were permissible if the stops were brief, involved "a limited enquiry into residence status," and a visual inspection of the exterior of the vehicle. "But that's not what's happening here," said ACLU attorney James Duff Lyall in Tucson. He said the cases mentioned in the lawsuit provide strong indications that the Border Patrol is using the checkpoints for general crime control, "which the courts have said is not acceptable for a checkpoint. The same thing is happening over and over again to many border residents," Lyall said. "They're going on fishing expeditions where there's no reasonable suspicion."

International

Afghan Drug Situation "Dire," Federal Auditor Tells Senators."The situation in Afghanistan is dire with little prospect for improvement in 2014 or beyond," Special Inspector General for Afghanistan Reconstruction John Sopko told the Senate Caucus on International Narcotics Control Wednesday. Poppy cultivation is at record levels and the drug trade now accounts for 15% of Afghan GDP, Sopko said.

US to Help Afghanistan With Drug Problem, State Department Official Tells Senators. At the same hearing mentioned in the story above, Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield vowed the US would remain committed to helping Afghanistan fight drug production and trafficking even after US and NATO troops pull out at the end of this year. "We will continue to ensure our counternarcotics programs are well integrated with broader US efforts, including assistance programs aimed at supporting a vibrant legal economy," he testified Wednesday. "The expanding cultivation and trafficking of drugs is one of the most significant factors putting the entire US and international donor investment in the reconstruction of Afghanistan at risk," he said.

Chronicle AM -- January 9, 2014

Alaska appears poised to vote on marijuana legalization, New York's governor announces a half-step toward medical marijuana, the ACLU fights for our rights on a couple of fronts, and trouble could be coming to the coca fields of Peru. And more. Let's get to it:

Bolivian President Evo Morales has a new bully pulpit from which to crusade for coca. (wikimedia.org)
Alaska Marijuana Legalization Initiative Campaign Hands in Signatures. Supporters of an initiative to legalize marijuana in Alaska handed in 46,000 signatures Wednesday. The campaign only needs 30,000 valid signatures to qualify for the August ballot. State election officials have 60 days to verify the signatures.

Marijuana Decriminalization Bill Filed in Alabama. Rep. Patricia Todd (D-Birmingham) has filed a bill that would decriminalize the possession of up to an ounce of marijuana. An as yet unspecified fine would apply to offenders. The bill has been assigned to the House Judiciary Committee and will be scheduled for a hearing when the session gets underway next week.

Alabama Governor Rejects Legal and Medical Marijuana. Gov. Robert Bentley (R) said Wednesday he opposes legalizing marijuana for either recreational or medical purposes, although he suggested he would be open to FDA-approved medical marijuana products. "I do believe there are medications out there that will do the same thing," Bentley said. "Now if someone wants to use the medicine that is in marijuana, go through the testing when you do that through the FDA, go through all of that -- that's fine. I have no problem with that."

Medical Marijuana

New York Governor Announces Limited Medical Marijuana Program. Gov. Andrew Cuomo (D) used his State of the State address Wednesday to announce he will initiate a limited medical marijuana program through executive action. Advocates said the measure was not enough and that the state legislature needs to pass pending medical marijuana legislation.

Asset Forfeiture

Utah Moving to Undo Asset Forfeiture Reforms. The Utah legislature moved late last year to roll back asset forfeiture reforms approved by state voters in a 2000 referendum. In unanimous votes, legislators approved a bill that will kill the provision requiring reimbursement for property owners who win in court and to require prosecutors to file such cases in a timely manner. Read Radley Balko's lengthy report by clicking on the link.

Drugs and Pregnancy

Experts File Brief Challenging Use of Child Abuse Law against Pregnant Women Using Methadone. Some 76 groups and experts in maternal, fetal, and child health, addiction treatment, and health advocacy filed an amicus curiae (friend of the court) brief before the New Jersey Supreme Court, urging it to overturn a lower court ruling making the state's civil child abuse law applicable to women who received medically prescribed methadone treatment while pregnant.

Search and Seizure

Indiana ACLU Challenges Pain Medication Drug Test Rules. The ACLU of Indiana filed a lawsuit Wednesday in federal court challenging a new state rule that requires patients prescribed a certain level of pain medications to undergo annual drug tests. The rule concocted by the state Medical Licensing Board last month requires such patients to sign a treatment agreement that includes agreement to undergo the annual tests. The ACLU argues that the rule violates Fourth Amendment proscriptions against unreasonable searches and seizures.

Massachusetts ACLU Sues to Block Drug Dog Sniffs of Prison Visitors. The ACLU of Massachusetts and a prisoners' rights group have filed a lawsuit in Suffolk County Superior Court seeking to block the state Department of Corrections from using drug dogs to search prison visitors. The suit seeks a preliminary injunction to immediately stop the practice and allow for public comment on the policy, which the department instituted in November. A hearing is set for January 24.

International

Peru Coca Eradication to Target VRAEM for First Time, DEVIDA Head Says. The Peruvian government for the first time will attempt to eradicate large amounts of coca crops in the Apurimac, Ene, and Mantaro river valleys (VRAEM), the head of the Peruvian anti-drug agency DEVIDA said Wednesday. The area is the most densely planted coca growing region in the world, accounting for more than half of all Peruvian production, and is the home of Shining Path guerilla remnants who got involved in the drug trade as their rebellion fizzled 20 years ago. DEVIDA wants to eradicate 37,000 acres of coca crops there, about 75% of total plantings in the region. Look for trouble when eradication efforts actually get underway, probably in August.

Bolivia to Use G-77 Post to Push for Legal Coca Leaf Internationally. Bolivian President Evo Morales has assumed chairmanship of the Group of 77 nations, and he said Wednesday that he would use his position to push for removing coca leaf from the 1961 UN Single Convention's list of internationally banned drugs. Bolivia briefly left the treaty in 2012 before returning last year with a reservation that it did not recognize the ban on coca leaf chewing. "Last year, we achieved recognition of traditional consumption of the coca leaf," he said. "Our next task will be to remove the coca leaf from the list of prohibited substances."

Germans Not Ready for Marijuana Legalization, Poll Finds. Only 29% of Germans said they favored legalizing marijuana in a new poll, while 65% were opposed. The only political party with a majority favoring legalization was the Greens, and just barely, with 51%. A Green politician, Monika Herrmann, is trying to open a Dutch-style cannabis coffee shop in Berlin's Friedrichshain-Kreuzberg district, but would need federal government approval. This poll isn't going to help.

France Approves Marijuana-Based Medicine for Multiple Sclerosis. France's health ministry announced Thursday it had approved the use of Sativex, a cannabinoid mouth spray, to treat patients suffering from multiple sclerosis (MS). The drug is the first marijuana-based medicine to be made available in the country. Sativex is already approved in more than 20 countries.

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