Alternatives to Incarceration

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Chronicle AM: Pot Polls in MI & SC, CA Diversion Bill Goes to Governor; Ecuador Retrenches, More (9/10/15)

New polls show majority support for legalization in Michigan and overwhelming support for having the feds butt out in South Carolina, efforts to get a medical marijuana regulation bill passed in California are still alive, Ecuador's president wants to toughen sentences for small-time dealers, and more.

Marijuana Policy

Michigan Poll Has Support for Legalization at 56%. A new Public Sector Consulting/Denno Research/Michigan Public radio poll has support for legalization at 56.7%. Support was split between those who wanted only limited commercial production (21.2%), those who wanted to allow home growing (26.7%), and those who wanted to leave it to local governments (7.8%). The poll comes as several ballot initiatives are being developed.

South Carolina Poll Finds Voters Want Feds to Butt Out on Marijuana Policy. A survey commissioned by Marijuana Majority had 65% of respondents agreeing that "states should be able to carry out their own marijuana laws without federal interference, with only 16% agreeing that "the federal government should arrest and prosecute people who are following state marijuana laws."

Medical Marijuana

California Medical Marijuana Regulation Going Down to the Wire. The clock is ticking on the state's legislature, and Wednesday, officials from organized labor, local government, and law enforcement sent a letter to legislative leaders voicing concern about the legislature's inability to get a regulation bill done. "We note, respectfully, that there are no significant policy differences between the two houses of the Legislature on this issue, based on the latest versions of the language that each have produced and made available for distribution," states the letter from the UFCW Western States Council, League of California Cities, and state Teamsters and police chiefs organizations. "The existing differences between the houses on this issue therefore appear to reside elsewhere." One issue appears to be who gets to take credit for passing a regulation bill. More at the link.

New Jersey Appeals Court Rules Smell of Marijuana Is Still Enough for a Warrantless Search. Even though medical marijuana is legal in the state, an appeals court ruled Tuesday that the smell of marijuana can still be used by police as grounds for a warrantless search. The ruling came in the case of a man arrested after a vehicle stop in which the officer used the smell of marijuana to justify searching the vehicle.

Drug Policy

California Legislature Passes Pretrial Diversion Bill to Protect Immigrants. The Assembly Wednesday gave final approval to Assembly Bill 1351, which would prevent deportation and loss of public benefits for minor drug law violations by diverting offenders out of the criminal justice system before adjudication of their cases. The bill now goes to the desk of Gov. Jerry Brown (D).

International

Ecuador to Toughen Penalties for "Microtraffickers." In something of a policy reverse, President Rafael Correa has launched an effort to increase penalties for small-time drug dealers. His proposal would modify the country's drug sentencing scheme, which had effectively decriminalized the possession of up to a gram of heroin or 50 grams of cocaine. Correa introduced the sentencing reforms earlier in his term, but now says they amount to "impunity" for "microtraffickers."

Chronicle AM: MA Legalization Inits Get Go-Ahead, DC Needle Exchanges Cut HIV Infections, More (9/8/15)

Two sets of Massachusetts legalizers get the go-ahead for signature gathering, Denver activists will negotiate with the city over social marijuana use, Hillary Clinton unveils drug policy proposals, DC HIV infections drop thanks to needle exchanges, and more.

Democratic presidential contender Hillary Clinton rolls out drug policy proposals. (state.gov)
Marijuana Policy

Two Competing Massachusetts Legalization Initiatives Okayed for Signature Gathering. State Attorney General Maura Healey last week approved the competing initiatives, one from Bay State Repeal and one from the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol. Click on the group links to read the initiatives. The groups must collect 64,750 valid voter signatures by November to qualify for next year's ballot.

ResponsibleOhio Supporter Sues Secretary of State Over Sweeping Election Fraud Investigation. An unnamed individual has filed a federal lawsuit against Secretary of State Jon Husted (R) over his investigation of alleged electoral fraud in the ResponsibleOhio signature-gathering campaign. The suit argues that the probe will have a chilling effect on First Amendment rights of Ohioans who support the legalization effort and seeks an injunction to halt the investigation. Husted subpoenaed various ResponsibleOhio records, including "documents or electronically stored information related to or reflecting names of persons who created usernames and passwords to download petitions" from the group's website.

Albuquerque Decriminalization Effort is Back. Two city councilors, including council president Rey Garduno, filed a municipal decriminalization ordinance last Friday. They also filed a measure to make possession violations the lowest law enforcement priority. The council voted 5-4 last year for a decriminalization ordinance, only to see it vetoed by Mayor Richard Berry, who is still there. A vote is expected on September 21.

Denver Social Use Initiative Withdrawn; Organizers Seek Negotiated Deal With City. The Campaign for Limited Social Use, which submitted more than 10,000 signatures for a measure that would allow marijuana use in businesses only open to adults, has pulled the initiative before it could be certified for the ballot, saying it instead prefers to negotiate an agreement with city officials. The successful signature-gathering campaign should help the group in the negotiations.

Asset Forfeiture

Oklahoma ACLU Releases Seizure Data Report. The state affiliate of the ACLU has released a report showing that nearly two-thirds of all cash seized under state asset forfeiture laws was seized from people never charged with -- let alone convicted of -- a crime. The report comes as the legislature ponders a bill that would reform or eliminate civil asset forfeiture.

Drug Policy

Hillary Clinton Releases Drug and Alcohol Policy Proposals. The Democratic front-runner is calling for $10 billion in new federal grants to fight drug and alcohol addiction, which she called "a quiet epidemic" in the country. She identified five goals: better drug education for teens, increasing the availability of drug treatment, increasing naloxone (Narcan) access, broadening drug and prescription monitoring programs, and emphasizing treatment over prison for low-level drug offenders. Click on the link for more details.

Illinois House Overrides Governor's Veto of Heroin Treatment Funding. The House has successfully voted to override Gov. Bruce Rauner's (R) veto of parts of the Heroin Crisis Act. The override attempt now moves to the state Senate. Rauner vetoed sections of the bill that would offer Medicaid services to some heroin users, saying the state couldn't afford it.

Harm Reduction

DC HIV Infections Drop Dramatically With Needle Exchange Programs. The average monthly rate of new HIV infections in the nation's capital dropped by 70% after the District implemented a needle exchange program in 2008, according to a study released last week by George Washington University's Milken Institute School of Public Health. The program prevented 120 new cases of HIV/AIDS, saving the city some $44 million over just two years, the study found.

International

Mexican Opium Production on the Increase. Officials in both the US and Mexico are saying that Mexico's opium production jumped by 50% in 2014 alone. The increase is being tied to rising levels of heroin and opiate addiction in the US, but also to marijuana legalization in some US states -- legalization is pushing down the price of marijuana in Mexico, making opium poppies a more attractive alternative. Much more at the link.

Mexican Judge Okays Use of CBD Cannabis Oil for Epileptic Girl. A Mexico City administrative law judge has approved the use of CBD cannabis oil to treat Graciela Elizalde Benavides, an eight-year-old girl suffering from epilepsy. The judge ordered federal authorities to allow the girl's parents to import the drug. It's not clear when that will actually happen.

Bulgarian Member of Parliament Will File Medical Marijuana Bill. Independent lawmaker Velizar Enchev has announced he will introduce a medical marijuana bill this month. "Thousands of people are suffering in Bulgaria," he said. Last month, he launched a petition drive to gage support for medical marijuana. That petition now has some 3,730 signatures. Earlier this year, a judge acquitted a multiple sclerosis patient accused of growing his medicine, saying "numerous international studies" had proven the efficacy of medical marijuana.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Big CA Legalization Init Coming Soon, Italian Legalization Bill Filed, More (7/16/15)

We're waiting for the big one to drop in California, there's marijuana arrest expungement news from Jamaica and Ohio, Colorado rejects medical marijuana for PTSD, Chris Christie talks crime and drug policy, and more.

Jamaica will expunge the records of people with minor ganja convictions. (wikimedia.org)
Marijuana Policy

Big California Legalization Initiative About to Drop. A handful of marijuana legalization initiatives have already been filed in the Golden State, but many observers have been waiting for the one from the California Coalition for Cannabis Policy Reform, and now the group has announced it will file its initiative within the next few weeks.

Ohio Officials Approve Initiative to Expunge Marijuana Convictions. The Ohio Ballot Board voted 3-2 Wednesday to approve the Fresh Start Act for signature-gathering. The initiative would allow convictions to be expunged once marijuana is legal in the state. The initiative is another project of ResponsibleOhio, the people behind the controversial marijuana legalization initiative almost certainly headed to the ballot there this year.

Medical Marijuana

Colorado Rejects Medical Marijuana for PTSD. Colorado health officials voted Wednesday against adding PTSD to the list of qualifying ailments for medical marijuana. They cited scant research on the issue. "We can't have physicians counseling people in favor of it because we don't have data to show it's correct," said Jill Hunsaker-Ryan, one of the board members who voted no.

Hawaii Moves to Begin Licensing Dispensaries. After Gov. David Ige (D) signed a bill Tuesday allowing for eight dispensaries to operate in the state, state officials are moving forward with developing rules and regulations for the program. They say to they will begin accepting license applications early next year. The move comes 15 years after Hawaii became the first state to okay medical marijuana through the legislative process.

Heroin and Prescription Opiates

Connecticut Governor Signs Bill Aimed at Opiate Problems. Gov. Dannel Malloy (D) Wednesday signed into law House Bill 6856, which is meant to combat opiate addiction and overdoses by increased prescription drug monitoring and increased access to naloxone, the opiate overdose reversal drug. Prescribers must now report each opioid prescription to the state's Prescription Monitoring Program within 24 hours instead of the previous seven days.

Criminal Justice

Chris Christie Calls for "Fresh Approach" on Criminal Justice. The New Jersey governor and Republican presidential contender today unveiled criminal justice reform proposals, including allowing nonviolent drug offenders a better shot at rehabilitation. He also emphasized "community policing" in his policy speech in the crime-ridden city of Camden. "As governor, there are few things I've worked on harder, or that I believe as strongly as this: Drug addiction, just like cancer, is an illness," Christie said. "Instead of settling for jail time every time, we need to give people the chance to get help," he said. "Our drug court program works, and we've opened a new front in the fight against drugs -- one that saves money, keeps people out of prison, and is just good policy generally. There's no reason we can't replicate this nationally, and as president this is something I'll absolutely make happen."

International

Colombia Outpaces Peru in Coca Production, UNODC Says. The UN Office on Drugs and Crime (UNODC) reported Wednesday that Colombia had overtaken Peru in the sowing of coca crops. That's mainly because Peru reported a 14% drug in the area under cultivation in the face of aggressive measures by the government of President Ollanta Humala. But Peru may still be the world's largest cocaine producer, because its crop is more mature and higher yielding.

Jamaican Justice Minister Signs Order to Expunge Minor Marijuana Convictions. Justice Minister Mark Golding signed the expungement order Wednesday. The move comes after the island nation decriminalized marijuana earlier this year. Now, possession of less than two ounces is no longer a crime. Before that, an estimated 300 people a week were getting criminal records and possible life-long stigma for possession arrests.

Italian Marijuana Legalization Bill Filed. Benedetto Della Vedova, a junior minister for foreign affairs, Wednesday introduced a bill that would legalize the possession of up to a half-ounce of marijuana, allow for growing small quantities, and set up government-licensed marijuana retail outlets. The bill is cosponsored by more than 200 members of the country's 900-member parliament. The bill is supported by members of the governing Democratic Party and two opposition parties, the Left, Ecology and Freedom Party and the Five Star Movement.

(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Hillary Clinton on Mass Incarceration, Indonesia Drug Executions Reaction, More (4/29/15)

Hillary Clinton calls for drug and sentencing reforms, the Florida 2016 medical marijuana initiative campaign gears up, Jamaica sees its first legal pot plant, Indonesia stands firm in the face of international criticism over drug executions, and more.

In a major speech today, Hillary Clinton called for "an end to the era of mass incarceration." (state.gov)
Marijuana Policy

New Hampshire Legislator Toked Up for 4/20. For the sixth year in a row, activists celebrated 4/20 by toking up in front of the state house. But this year, they were joined by one of their elected representatives, Rep. Kyle Trasker (R-Rockingham), who inhaled for the crowd. No arrests were made. "The message sent by law enforcement and heard loud and clear by protesters was police have more important things to do than harass otherwise law abiding citizens over marijuana possession and public use even when it was clear there were amounts present at the protest that could be charged as a felony," Trasker said. "The New Hampshire senate needs to consider how productive it is to keep an unenforced, indeed nearly unenforceable law on the books with which the public disagrees."

Medical Marijuana

Florida Legislative Session Ends, 2016 Medical Marijuana Initiative Campaign Begins. The session ended Tuesday without any action on pending medical marijuana legislation, and the United for Care campaign, which led the defeated 2014 initiative (it got 58% of the vote, but needed 60% because it was a constitutional amendment), immediately announced it was aiming to get back on the ballot next year.

New York Bill to Expedite Medical Marijuana Program Filed. Assemblymen Richard Gottfried (D) and Brian Kolb (R) today filed Assembly Bill 7060, which would direct the state to establish a program to help patients get access to medical marijuana as soon as possible. Gottfried is head of the Assembly Health Committee and Kolb is the Assembly Minority Leader. The bill comes 10 months after Gov. Cuomo signed the state's limited medical marijuana bill into law, but no Empire State patient has yet to receive legal medical marijuana.

Texas Medical Marijuana Bills Get Hearing, But No Action. The House Committee on Public Health heard emotional testimony Tuesday night from patients, parents, and veterans seeking access to medical marijuana or CBD cannabis oil. Despite the hours of testimony, the committee took no action on any of the bills. Click on the link to read testimony details.

Drug Policy

Hillary Clinton Calls for "An End to the Era of Mass Incarceration," Alternative Punishments for Drug Offenders. In her first major issue speech since announcing her candidacy for the Democratic presidential nomination, Hillary Clinton addressed the country's festering race relations and called for "an end to the era of mass incarceration." There is something "profoundly wrong" when 1.5 million black men are "missing" from their communities, she said. "We have allowed our criminal justice system to get out of balance." Among other proposals, she called for alternative punishments for petty drug crimes.

International

Indonesia Defends Drug Executions in Face of International Protests. Indonesia today defended its execution of eight convicted drug smugglers, saying the action was vital to its war on drugs, even as international reaction deepened. "We are fighting a war against horrible drug crimes that threaten our nation's survival," said Attorney General Muhammad Prasetyo. Australia, which saw two of its citizens executed, withdrew its ambassador, while Brazil, which saw one citizen executed, expressed "strong regret." France said it would wage a diplomatic battle to save one of its citizens on Indonesia's drug death row. Also, more than two dozen human rights and criminal justice reform groups from around the globe circulated a letter condemning the executions and calling on governments and international bodies to rethink anti-drug assistance to countries with the death penalty. That letter campaign was coordinated by Stopthedrugwar.org and its executive director, David Borden.

First Legal Ganja Planted in Jamaica. The county's justice minister patted a pot seedling into the soil at the University of the West Indies Mona campus Monday, marking the first legal cultivation of marijuana on an island inextricably linked to it in the popular imagination. The plant is being grown for research purposes under the country's Dangerous Drugs (Amendment) Act of 2015, which allows for cultivation for research, medical, and spiritual purposes. It also decriminalizes the possession of small amounts of the drug.

(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Obama on MedMJ; Chicago, NYC Drug Policy Reform Moves, CA Legalization Funds Begin to Flow, More (4/20/15)

The president suggests he could get behind congressional medical marijuana efforts, a second California legalization initiative has been filed, Weedmaps puts up $2 million for legalization, two of the nation's largest cities are moving toward drug reform, and more. 

President Obama has some encouraging words about medical marijuana. (whitehouse.gov)
Marijuana Policy

Alaska Marijuana Control Board Bill Passes. The state Senate last Saturday approved House Bill 123, which would create a Marijuana Control Board. It had already passed the House, but now needs to go back for a concurrence vote after the Senate made changes in the bill. But House Bill 75, which would allow for municipal regulation got stalled on a tie vote. Senate Majority Leader John Coghill (R-North Pole) has asked that the bill be held for reconsideration, and the Senate will again take it up before the session ends.

Weedmaps Kicks In $2 Million for California Legalization Efforts. The marijuana store locator app company has donated $1 million to Californians for Sensible Reform, a campaign committee that says it will back the strongest legalization initiative next year. And it's matched that with another $1 million to Californians for Sensible Reform PAC, which says it will support marijuana-friendly candidates.

Second California Legalization Initiative Filed. Proponents of an open-source legalization initiative, the Marijuana Control, Legalization and Revenue Act of 2016 (MCLR), filed the effort with state officials in Sacramento today. The effort is being spearheaded by Americans for Policy Reform, which includes San Jose dispensary operator Dave Hodges and Sebastopol marijuana attorney Omar Figueroa, among others. Figueroa is also one of two proponents for another legalization initiative, the California Craft Cannabis Act, filed last week. More proposed initiatives are expected to follow. The recommended deadline for beginning signature-gathering is in early July. Stay tuned.

Medical Marijuana

Obama Suggests Support for Senate Medical Marijuana Bill. In an interview aired Sunday night on CNN's Weed 3 special with Dr. Sanjay Gupta, Gupta asked the president if he would get behind the CARERS Act, which would reschedule marijuana and allow states with medical marijuana laws to proceed without threat of federal punishment. "You know, I think I’d have to take a look at the details," Obama replied, "but I’m on record as saying that not only do I think carefully prescribed medical use of marijuana may  in fact be appropriate and we should follow the science as opposed to ideology on this issue, but I’m also on record as saying that the more we treat some of these issues related to drug abuse from a public health model and not just from an incarceration model, the better off we’re going to be."

Asset Forfeiture

Wyoming Legislative Committee Studies Civil Asset Forfeiture Reform. Gov. Matt Mead (R) vetoed an asset forfeiture reform bill earlier this year, but the legislature isn't giving up. The Joint Judiciary Committee met in Riverton last week and has directed staff to draft bills for next year's legislative session.

Drug Policy

Chicago Prosecutor Will Stop Prosecuting Simple Drug Possession. Cook County State's Attorney Anita Alvarez said today she intends to quit prosecuting people arrested for simple drug possession and instead link them to social agencies "for treatment rather than pursuing criminal penalties." Those drug possession felonies accounted for one-quarter of all felonies in the county last year. She also said she is not going to bother to prosecute misdemeanor marijuana possession cases, either.

New York City Legislation Would Create New Office of Drug Strategy. A proposal just offered by New York City council members would create the new office to coordinate official, expert, and community responses to drug use. It would enhance evidence-based drug education and public health interventions and simplify access to medical, social, and psychological services to drug users seeking help. The idea is to reduce the morbidity, mortality, crime, and racial disparities in law enforcement created by a one-sided law enforcement approach to the issue.

Harm Reduction

Indiana Governor Signs Bill to Ease Access to Overdose Reversal Drug. Last Friday, Gov. Mike Pence (R) signed into law SEA 406, which allows family members and friends of drug users to obtain the opiate overdose reversal drug naloxone. Previously, only health professionals could administer the drug.

International

Two More Big Australian States Announce Medical Marijuana Trials. Victoria and Queensland have now joined New South Wales in a clinical trial for medical marijuana. The three most populous states will hold clinical trials of cannabis oil for the treatment of chemotherapy-related nausea, severe epilepsy, and in palliative care.

Mexico Captures Top Juarez Cartel Leader. Federal troops last Friday captured Juarez Cartel head Jesus Aguayo in the town of Villa Ahumada in Chihuahua state. Aguayo took over leadership of the organization after authorities captured his predecessor, Vicente Carillo in October. 

Chronicle AM: Asset Forfeiture Reforms Blocked, AL Life Sentence for Pot, Ominous Afghan Opium News, More (2/18/15)

A New Jersey coalition for marijuana reform has formed, an Alabama judge sentences a man to life in prison over 2 1/2 pounds of pot, the Hawaii legislature advances a dispensary bill, asset forfeiture reform gets slapped down in Virginia and Wyoming, the opium trade is expanding in western Afghanistan, and more. Let's get to it:

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

New Jersey Legalization Coalition Forms, Includes Prosecutors. Representatives from a number of groups, including the ACLU, the NAACP, and the New Jersey Municipal Prosecutor's Association held a news conference in Newark today to announce the formation of New Jersey United for Marijuana Reform. The groups are joining forces "in a broad-based campaign to legalize, tax and regulate marijuana, ending thousands of arrests per year in New Jersey."

Medical Marijuana

Colorado Cannabis Chamber Supports Tightened Regulations on Caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.

Hawaii Dispensary Bill Wins House Committee Vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.

Asset Forfeiture

Virginia Civil Asset Forfeiture Reform Bill Killed in Senate Committee Vote. An asset forfeiture reform bill that passed the House of Delegates 92-6 earlier this month and passed the Senate Courts of Justice Committee 11-2 last week has been killed in the Senate Finance Committee. The measure, House Bill 1287, was opposed by law enforcement and prosecutors. Senate Majority Leader Tommy Norment (R-James County) said the bill will now be studied by the State Crime Commission.

Wyoming Governor Vetoes Civil Asset Forfeiture Reform Bill. Gov. Matt Mead (R) Tuesday vetoed a bill that would have made it more difficult for police and prosecutors to seize property from people they believe are involved in drug crimes. The bill, Senate File 14, would have required a criminal conviction before civil asset forfeiture could take place. Mead, a former US attorney, said he didn't believe asset forfeiture had been abused in the state. The measure passed both houses by a veto-proof margin, so stay tuned.

Harm Reduction

Virginia 911 Good Samaritan Bill Awaits Final Senate Vote. A bill that would provide protection from prosecution to people who report drug overdoses has passed the Senate and House of Delegates, but was amended in the House and now requires a final Senate concurrence vote before heading to the desk of Gov. Terry McAuliffe. The measure is Senate Bill 892.

Sentencing

Alabama Man Gets Life in Prison for Marijuana Distribution. A Houston County judge sentenced a 39-year-old man to life in prison Tuesday for trafficking 2 ½ pounds of pot. Richard Bolden was also hit with another eight years for bail-jumping -- to be served consecutively. Bolden had one prior federal drug conviction and was out on bail on a cocaine trafficking charge, but had not been convicted of that. He had also been arrested 37 times, but never actually convicted in any of those arrests. But prosecutors said he was "a habitual and dangerous criminal offender" and the judge agreed.

Law Enforcement

Minnesota Man Jailed on Three Meth Charges Freed After Tests Showed Powder Was Vitamins, Not Amphetamines. Joseph Ray Burrell, 31, spent three months in jail on meth charges after a Mankato police officer mistook his vitamins for meth. Burrell tried to tell the cops what the powder was, but they didn't believe him and jailed him on $250,000 bail. He was set for trial February 4, but test results came back two days before, and police were forced to admit he was telling the truth. The charges were dropped and Burrell was released. No mention of restitution.

International

Opium Booms in Western Afghanistan; Taliban, ISIS, Corrupt Officials Benefit. A weak government in Kabul is unable or unwilling to reign in rampant opium production and trafficking in remote western Farah province bordering Iran. Taliban insurgents control half the region, a former Taliban commander who has pledged allegiance to ISIS is roaming the area with a band of dozens of gunmen, and police and local government officials seem more interested in profiting off the crop than suppressing it. That bodes ill for the Kabul government. Much more at the link.

Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)

There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:

South Dakota Highway Patrol drug dog and trainer. How long can you be detained waiting for them to show up? (dps.sd.gov)
Marijuana Policy

Washington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by adopting a competitive, merit- and experience-based licensing application system.

Medical Marijuana

Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.

Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.

Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.

Opiates

New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.

Asset Forfeiture

Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.

Criminal Justice

Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.

Drug Testing

Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.

Search and Seizure

Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.

International

Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

A faked Facebook page will cost the DEA $134,000. (facebook.com)
Marijuana Policy

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

Hemp

Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.

Sentencing

Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.

International

Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

The Year's Top 10 Domestic Drug Policy Stories [FEATURE]

Whew, what a year! Two more states legalize it -- and DC, too -- decriminalization spreads, and more. But it wasn't all good news. Here's our Top 10:

1. Marijuana Legalization Wins at the Polls in Alaska, Oregon, and DC. In an Election Day clean sweep, voters in Alaska, Oregon, and Washington, DC, delivered a marijuana legalization trifecta. Legalization won with 53% of the vote in Alaska, 55% in Oregon, and a whopping 69% in Washington, DC, the highest percentage vote for legalization ever recorded. With victory in Oregon this year, every state that has had the chance to vote for legalization since 2012 has now done so.

2. The Sky Hasn't Fallen in Colorado and Washington. It's now been two years since the first two states to legalize marijuana did so, and the predicted horrible consequences have not materialized. While possession became legal almost immediately, legal sales commenced in January in Colorado and in July in Washington. Teen pot smoking declined this year, according to the annual Monitoring the Future survey, and Colorado teens in particular were consuming less weed, according to the state Department of Public Health and Environment. Neither have traffic fatalities increased, according to The Washington Post. Nor has crime increased. What has increased is state revenues from the taxation of marijuana, from zero before legalization to tens of millions of dollars annually now.

3. Big Eastern Cities Decriminalize Pot Possession. The city councils in Philadelphia and Washington, DC, this year approved the decriminalization of small-time pot possession. Although New York state decriminalized in 1978, New York City had been the marijuana arrest capital of the world, thanks to NYPD's habit of stopping people, telling them to empty their pockets, and then charging them with the misdemeanor office of public possession instead of the civil infraction. Now, thanks to Mayor Bill de Blasio, New York cops can't do that anymore. And let's not forget Baltimore; the state of Maryland decriminalized this year, too.

Phillip Seymour Hoffman's death by heroin overdose crystallized concerns over abuse of opiates. (wikimedia.org)
4. The Death of Phillip Seymour Hoffman Crystallizes Rising Concerns About Heroin and Prescription Opiates. The February overdose death of the acclaimed actor turned a glaring spotlight on the issues of heroin and prescription pain pill addiction and overdoses. Ever since, government at the federal, state, and local level has been moved by the urge to "Do something!" And it has -- with responses covering the gamut from harm reduction measures like 911 Good Samaritan laws and increased access to overdose reversal drugs to calls for more drug treatment to more-of-the-same drug war approaches and calls for more money for law enforcement.

5. California Defelonizes Drug Possession. With one fell swoop, California voters struck a big blow against mass incarceration when they approved Proposition 47 in November. The initiative makes drug possession and five other low-level, nonviolent offenses misdemeanors instead of felonies. It becomes the 14th state to do so, and by far the largest.

6. Congress Tells the Justice Department to Butt Out of Medical Marijuana States. In passing the omnibus spending bill last week, Congress approved an historic amendment barring the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. Passage does not promise an end to all federal interference -- it doesn't address taxing issues, for instance -- and it is only for this fiscal year, but this is still a landmark vote.

Attorney General Holder has striven to reduce overincarceration of drug offenders. (usdoj.gov)
7. Floridians Vote for Medical Marijuana, But It Still Loses. Florida should have been the first Southern state to approve medical marijuana, and 57% of Florida voters agreed in November. But because the Florida initiative was a constitutional amendment, it needed 60% of the vote to pass. Even with that high bar, the initiative still could have passed, if not for some campaign gaffes. Some $5 million worth of contributions to the "no" side by conservative casino magnate Sheldon Adelson didn't help, either.

8. Medical Marijuana Lite. Maryland passed a medical marijuana law and Minnesota and New York passed limited medical marijuana laws, but this was the year of low-THC, high-CBD medical marijuana laws. Such measures passed in a number of states where full-blown medical marijuana hasn't, including Alabama, Kentucky, North Carolina, and Utah. They typically provide access to high-CBD cannabis oils to a limited number of patients.

9. The Obama Administration Moves to Reduce the Federal Drug War Prison Population. It didn't do it all by itself -- the US Sentencing Commission deserves recognition for proposing sentencing reforms -- but the president and Attorney General Eric Holder spoke our vigorously and repeatedly against mandatory minimums and over-incarceration. It wasn't just talk; the Justice Department instructed US Attorneys to find ways to reduce the use of mandatory minimum sentencing, and exhorted federal drug prisoners to seek clemency.

10. But The Drug War Juggernaut Continues to Roll. Despite all the good news this year, the reality is that we are still nibbling around the edges. While marijuana arrests the previous year were down to just under 700,000 (the historic high was 872,000 in 2008) and overall drug arrests declined by about 50,000, there were still 1.5 million people arrested on drug charges. And the number of people arrested for drugs other than marijuana actually increased.

Chronicle AM: Cuomo Just Says No, Christie Talks Mandatory Treatment, Lebanese Hash Boom, More (12/22/14)

Cuomo rejects legalization, Christie talks treatment instead of prison, New Hampshire takes a step toward getting dispensaries going, Lebanon's hash trade is booming, and more. Let's get to it:

In Lebanon, the hash crop grows unimpeded. (cannabisculture.com)
Marijuana Policy

New York Governor Rejects Legalizing Pot, Cites Myth. Gov. Andrew Cuomo (D) Sunday reiterated his opposition to freeing the weed. "I do not favor legalized marijuana," he said in a radio interview. "I do believe it can be a gateway drug." The "gateway theory" is widely considered to be a myth.

South Carolina Decriminalization Bill Pre-Filed. Rep. Mike Pitts (R-Laurens) has pre-filed a bill that would decriminalize marijuana in the Palmetto State. Under the bill, possession of less than an ounce would be a civil infraction with a fine of between $100 and $200 for a first offense. Fines increase with subsequent offenses. The bill is H 3117.

Medical Marijuana

California Appeals Court Rules Concentrates Qualify as Medical Marijuana. The 3rd District Court of Appeal ruled last week that "concentrated cannabis" qualifies as marijuana for purposes of medical use. The ruling came in People v. Mulcrevy, in which medical marijuana patients and probationer Sean Patrick Mulcrevy was accused of violating his probation because he was caught in possession of cannabis oil. Concentrated cannabis "is covered by the Compassionate Use Act, and there is insufficient evidence Mulcrevy violated his probation in light of that conclusion," the appeals court held unanimously.

New Hampshire Now Taking Dispensary Applications. The Department of Health and Human Services Friday released its request for applications for people who want a shot at operating one of the four "alternative treatment centers" contemplated under the state's medical marijuana laws. The state is divided into four geographic areas; each will be allowed one dispensary.

Heroin and Prescription Opiates

Christ Christie: Drug War Has Failed, Treat Addiction as an Illness, Mandatory Treatment Needed. New Jersey Gov. Chris Christie (R) has spoken out again on drug policy, saying the state needs to embrace a dramatically different approach to drug use and addiction. "I think what we've seen over the last 30 years is it just hasn't worked," he said. "And there are some people who make one bad choice to try drugs one time and their particular chemistry leads them to be an addict from the minute they try it. So we need to treat it as a disease. And not having mandatory incarceration for non-violent offenders but having mandatory treatment is something that's going to yield a much greater result for society in general and for those individuals in particular." There's much more at the link.

International

Lebanese Hash Trade Booming in Shadow of Syrian Civil War. Distracted by the civil war next door in Syria, Lebanese security forces have for the past two years refrained from their annual hash eradication campaigns, and now, well-armed leaders of the trade are confident enough to tell troops to stay away if they don't want trouble. "We are selling hashish, and if anyone from the government tries to come close to it, we'll kill them," said Ali Shamas, a spokesman for growers and sellers. "This year we had a good year." Because of oversupply due to lack of eradication, prices have dropped dramatically, but the trade is still lucrative, Shamas said. "All of my main growers made at least half a million dollars this year," he told The Daily Telegraph. Much more at the link.

Brazil Will Study Legalizing High CBD Medical Marijuana. The Brazilian Health Surveillance Agency said Friday it is going to start discussing whether to reclassify the marijuana derivative cannabidiol (CBD). The announcement came one day after several dozen people protested in Brazilia to demand its reclassification and less than a month after the Federal Medical Council authorized neurologists and psychiatrists to prescribe CBD to epileptic children and teens who haven't responded to other treatments.

First Medical Marijuana Trials Get Underway in New South Wales. The state government announced Sunday that it has authorized clinical trials for medical marijuana. Those will be the first ever in Australia. NSW Premier Mike Baird said he expected hundreds of people to take part in the trial, and if it is successful at relieving pain and suffering, the government would consider importing marijuana or allowing it to be grown in the state.

New South Wales Bar Association Law Committee Calls for "Radical Rethink" of Drug Policy. The bar association's Criminal Law Committee is calling for a drug summit that will "radically rethink" Australia's approaches to drug use and the drug trade. The committee said that marijuana decriminalization is a start, but that "this would not remove the black market in drugs or respond to what we had found with respect to other illicit drugs." Instead, the best way to reduce drug- and prohibition-related harms would be "to replace the black market for drugs with a form of legal availability under a highly regulated system."

Drug War Issues

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