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Chronicle AM: Trump Wants to Execute Drug Dealers, Brazil Drug War Targets Rio Slums, More... (2/26/18)

The president makes downright scary remarks about killing drug dealers, the Brazilian army and cops roar into Rio's favelas, California's Democratic Party reaffirms its support of legal pot, and more.

Iranian drug executions -- Trump's solution to the drug problem? (
Marijuana Policy

Arizona Legalization Bill Snuffed Out. A bill that would have legalized marijuana in the state was snuffed out last week by House Judiciary and Public Safety Committee Chairman Eddie Farnswoth (R-Chandler). The measure, House Concurrent Resolution 2037 would, if passed, have put the issue directly before voters in a referendum.

California Democrats Reaffirm Commitment to Legal Marijuana, Diss Anti-Pot Feinstein. Meeting over the weekend, the California Democratic Party approved numerous platform planks in support of marijuana legalization, including one that says they "support the ongoing legalization, regulation, and taxation of cannabis in a manner similar to that of tobacco or alcohol, while prioritizing the health, education, and safety of California's communities and the country over revenue or profits." In other action, the state party failed to provide its endorsement to Sen. Diane Feinstein, who has lagged far behind other state Democrats when it comes to marijuana policy.

Maine Legalization Implementation Bill Kills Off Social Clubs, Tax Revenue Sharing. The Marijuana Legalization Implementation Committee took a final vote on the overhauled implementation bill Friday. The final version of the bill contains no provision for marijuana social clubs, nor does it allow for the sharing of marijuana tax revenues to the state with localities that allow marijuana businesses. The excise tax on wholesale marijuana is set at 21.5%, or about $335 a pound at current prices. The measure will go before the whole legislature in a few weeks.

Ohio Legalization Initiative Could Be Delayed to 2019 or 2020. At a press conference last Friday, Cincinnati businessman Jimmy Gould, the man behind the failed 2015 "monopoly marijuana" legalization initiative, said his plans to get another initiative on the ballot may not come to fruition this year. He said language for the proposed measure was not yet set and the initiative may not appear on the ballot until 2019 or 2020. The deadline to hand in enough vote signatures to qualify for the ballot this year is July 4.

Medical Marijuana

Idaho CBD Medical Marijuana Bill Advances. The House Health and Welfare Committee has approved House Bill 577, which would legalize the possession of low-THC CBD oil for medical use. The bill advanced despite the opposition of law enforcement and the Idaho Office of Drug Policy. It now heads for a House floor vote.


Trump Says He Wants to Execute All Drug Dealers. President Trump has been making some disturbing authoritarian and blood-thirsty private remarks about what he'd like to do to drug dealers, according to a new report from Axios. Worse yet, his dark fulminations may foreshadow some repressive policy prescriptions not too far down the road. Trump seems obsessed with fighting drugs, according to the Axios report. It cites five sources who've spoken with Trump on the subject who say "he often leaps into a passionate speech about how drug dealers are as bad as serial killers and should all get the death penalty" and that softer approaches to drug reform will never work.

Arizona Bill Would Impose Mandatory Minimums on First Time Heroin, Fentanyl Sellers. A bill that would create five-year mandatory minimum sentences for first-time heroin and fentanyl sellers passed the House last week. House Bill 2241 now heads to the Senate.


Brazilian Army, Rio de Janeiro Cops in Massive Anti-Drug Operation. The army and the state police have launched a massive anti-drug operation in several favelas (shantytowns) on the west side of the city, military spokesmen announced last Friday. More than 3,000 soldiers and police are taking part in the operations in Vila Alianca, Coreija, and Vila Kennedy. In the latter, there have been at least 13 shoot outs between drug traffickers and police since January. The operation started just days after an army sergeant and police commander were killed there last week.

Colombia Coca-Country Clashes Are Creating Refugee Flows. Three-way fighting between rightist paramilitaries, leftist ELN guerrillas, and the Colombian military in the coca-rich Bajo Cauca region some 80 miles north of Medellin has displaced some 1,500 people already, with the prospect of more to come. "The clashes between the armed groups continue to cause fear amongst the indigenous communities and rural populations," said the Norwegian Refugee Council, which is assisting victims of the violence.

Manila Demonstrators Protest Philippines Drug War. Thousands of marchers organized by Catholic groups took to the streets of Manila Saturday in a "walk for life" to protest the thousands of killings that have occurred under President Rodrigo Duterte's bloody crackdown on drugs. "We will not tire in walking for life even if the path ahead is winding and soaked in blood," Cardinal Luis Antonio Tagle.

Philippines Police Kill Ten in Night of Bloody Drug Raids. In the single bloodiest night of the country's drug war since police resumed participation in December, police said they killed 10 suspected drug dealers and arrested 63 more last Wednesday night. The operations took place in Bulacan, north of Manila, the capital. Police said the suspects were killed in eight separate towns during 45 "buy-bust" incidents.

California's Marijuana Farmers Are Slow to Join the Legal, Regulated System

The vast majority of California's marijuana growers have yet to try to move into the state's new legal regulatory framework, leaving big questions looming around whether they can survive in the brave new world of legal weed, whether a substantial illicit market will remain, and whether that anticipated tax revenue windfall will actually materialize.

According to a report released Monday by the California Growers Association, representing mainly small-scale growers across the state, fewer than 1% of growers have been licensed so far. That's a measly 534 licensed growers out of an estimated 68,000 in the state.

The report, "An Emerging Crisis: Barriers To Entry In California Cannabis," identifies a number of obstacles for small producers and warns that those issues must be addressed if participation is to increase and a post-legalization law enforcement crackdown is to be avoided.

"Without broad participation, legalization will look a lot like prohibition," with many illicit growers, the report concludes. "The current system will not achieve its goals without fundamental and structural changes that allow small and independent businesses to enter into compliance."

Obstacles to participation include lack of access to the financial sector. the high costs of complying with regulatory and tax burdens, state regulations that seem perversely designed to weed out small competitors, slow-moving or sometimes hostile local governments, and a saturated market.

As one Sonoma County cultivator put it in the report:

The unintended consequence of making it so difficult at the local and state level to enter the regulated market is that 80-90% of those who were working with dispensaries prior to 1/1/2018 are being pushed to the black market. This is not only bad for the regulated market because so much high quality product is now flooding into the black market, but crime is increasing as a result as well.

I am truly heartbroken to see what the regulatory system has done to the artisan cultivators and manufacturers who were creating diverse, boutique products. These people who built this industry are not allowed to participate. I hope we can course correct this year.

State and local governments need to make course corrections now "or else a staggering number of businesses will fail, while staggeringly few enjoy significant growth," the report warned. "Many of the best growers -- the most dedicated and passionate artisans who can add tremendous value to the state marketplace -- are the ones being left behind."

It's unlikely all those pot farms are just going to dry up and blow away, though. The report notes that the state currently produces about 15 million pounds of marijuana each year, but that only 3 million pounds are consumed in-state. That means the vast majority of California-grown marijuana is already heading for out-state markets in prohibitionist states. Quick action to make California's legal markets more friendly to small producers may eventually entice more to fight their way into the regulated economy, but it's going to take the end of prohibition in the rest of the country to end California's black market marijuana exports.

Chronicle AM: DC Demo on Philippine Drug War Next Week, BC Drug Decrim March, More... (2/21/18)

Ohio's medical marijuana program may have just hit a bump, hemp could be coming to Utah, drug users march for decriminalization in Vancouver, demonstrators will gather in DC next week to protest the Philippines drug war, and more.

Demonstrators call for an end to the Philippines drug war and the freedom of of one of Duterte's leading critics. (Facebook)
Medical Marijuana

Ohio Lawsuit Challenges Grow License Process. A lawsuit filed Tuesday by would-be medical marijuana grow operators who weren't picked for the large grow licenses issued by the state Department of Commerce threatens to disrupt the rollout of the program. The growers are suing the department, the officials involved in grading application, and all the businesses that won licenses. They charge they weren't treated fairly in the licensing process.

West Virginia Regulators Will Recommend Allowing Smokeable Medical Marijuana. The state medical marijuana board announced Tuesday that it plans to recommend to lawmakers that some patients be allowed to use marijuana in a smokeable form. The board will also recommend removing or increasing the cap on the number of growers, processors, and dispensaries in the state and allowing one company to take on more than one of those roles.

Industrial Hemp

Utah Hemp Bill Advances. A bill that would allow the production and sale of hemp products in the state is headed for a House floor vote after being approved Tuesday by the House Natural Resources, Agriculture and Environment Committee. House Bill 302 authorizes the state Department of Agriculture and Food to provide a hemp-growing license to "a person who wishes to participate in an industrial hemp research pilot program," according to a summary attached to the bill. The bill also allows those who would like to produce and sell hemp-based products "to distribute the registered hemp product in the state" if they obtain the license from the state to do so.

Asset Forfeiture

Wisconsin Asset Forfeiture Reform Bill Passes Senate. The state Senate has approved Senate Bill 61, which does not end civil asset forfeiture, but puts limits on how long police can hold property before someone is charged and reduce the amount of money police can keep when they sell seized property. The measure now heads for the Assembly.

Foreign Policy

Trump Budget Would Cut Aid to Colombia in Half. The White House's proposed Fiscal Year 2019 budget would slash foreign assistance to Columbia by nearly half, even as the country struggles to implement a peace deal with leftist FARC rebels and address a record-breaking level of coca planting and cocaine production. The budget would reduce funds "to implement sustainable peace" in the "most affected zones" of the country's drug prohibition-fueled armed conflict from $180 million to $100 million. The budget also seeks a reduction of one-third in funding for the International Narcotics Control and Law Enforcement program. Colombia is a major recipient of aid under that program, too. The Washington Office on Latin America said the budget proposal would "squander an historic opportunity to help Colombia avoid a resurgence of criminal violence, while Insight Crime noted that "large cuts in aid could prove detrimental to efforts aimed at improving security conditions in… crime-wracked countries" like Colombia.


Vancouver Drug Users March to Demand Drug Decriminalization. Several hundred drug users and supporters took to the streets of Vancouver's Downtown Eastside to demand that the federal government change its drug policies and embrace drug decriminalization. The protest, part of a national day of action across the country, was organized by the Canadian Association of People who Use Drugs (CAPUD), the Vancouver Area Network of Drug Users (VANDU) and other groups. Decriminalization would "allow people to use drugs more safely without fear of arrest and detention," said Caitlin Shane, a lawyer with Pivot Legal Society who specializes in drug policy.

DC Demonstration Against Philippine Drug War Killings Set for Next Wednesday. On Wednesday, February 28th, please join Filipino Americans, drug policy reformers and other human rights defenders to call for an end to extrajudicial killings and for Senator de Lima to be freed. We will rally from noon to 1:00pm in front of the Philippines Embassy, 1600 Massachusetts Avenue NW in Washington, DC. Among other things, the event will feature a street theater performance in which attendees will symbolically free a Senator de Lima figure from a realistic mobile model of a prison cell. Please email David Borden at [email protected] to get involved in preparations for this demonstration or for other information, and please spread the word!

Chronicle AM: Trump Drug Budget, NH Marijuana Bill Hearing, OR Opioid Emergency, More... (2/13/18)

The proposed FY 2019 Trump budget features more drug war and cutting the drug czar's office, a legal marijuana bill gets a hearing in New Hampshire, Oregon's governor declares a public health emergency over opioids, and more.

The president's proposed budget has billions for more drug war. (Creative Commons)
Marijuana Policy

Georgia Bills to Reduce Penalties Filed. A pair of bills filed in the legislature seek to reduce the criminalization of marijuana users. House Bill 865 would make possession of up to two ounces a misdemeanor. Under current law, possession of more than one ounce is a felony. Senate Bill 105 would decriminalize the possession of up to a half ounce. Legalization bills were filed earlier in the session, but they are not expected to go anywhere.

New Hampshire Legalization Bill Gets Hearing Today. The House Ways and Means Committee is holding a hearing on a limited legalization bill today. House Bill 656 would legalize the possession of up to a quarter ounce of weed and grow up to six plants, but would not set up a system of legal marijuana commerce.

Virginia Senate Approves Arrest Expungement Bill. The Senate voted 38-2 on Monday to approve Senate Bill 954, sponsored by Sen. Tommy Noment (R-James City). The bill would allow people charged with first-time possession to later pay $150 to have the charge expunged. The measure must now be approved by the House.

Medical Marijuana

Iowa Poll Has Overwhelming Support for Medical Marijuana. A new Selzer & Company poll has 78% in favor of medical marijuana, with 19% opposed, figures that are roughly unchanged over the past couple of years. What has changed is support for recreational marijuana, now at 39%, up from 28% four years ago.

New Mexico Lawmakers Eye Marijuana in Fight Against Opioids. Lawmakers and supporters gathered at the state capitol in Santa Fe Monday to urge state officials to add opioid addiction to the list of disorders qualifying for medical marijuana. And advisory panel has twice considered petitions seeking to add medical marijuana as a tool against opioid abuse, the most recent last November, but the state Health Department has yet to act.

Heroin and Prescription Opioids

Oregon Governor Declares Addiction a Public Health Crisis. Gov. Kathleen Brown (D) on Tuesday released an executive order declaring opioid addiction to be a public health crisis in the state. She said she would soon set a deadline for the state Alcohol and Drugs Policy Commission to come up with a plan to fight the problem.

Drug Policy

Trump Budget Doubles Down on Drug War. The Trump administration's proposed Fiscal Year 2019 budget is heavy on drug war spending, with an additional $400 million for the DEA, $334 million in the law enforcement-oriented Byrne Justice Assistance Grant program, $50 million for the once-discarded anti-drug media campaign, $43 million for drug courts, and a cut of $20 million in offender reentry programs. The budget includes $18 billion over two years for the Mexico border wall, which Trump justifies on both drugs and immigration grounds, which is more than the $13 billion the administration says it is allocating to fight opioid abuse.

Trump Budget Would Gut Drug Czar's Office. The Trump FY 2019 budget would also dramatically slash funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), primarily by moving two grant programs elsewhere. Under the proposal, the Drug Free Communities Support Program and the High Intensity Drug Trafficking Areas program would be moved into the Health and Human Services Department and Justice Department, respectively. The move is opposed by some lawmakers and a coalition of more than 150 advocacy organizations, but more radical critics on both the left and the right would like to see the agency go away altogether.


New Jersey Governor Revives Sentencing Commission. Gov. Phil Murphy (D) is reviving the Criminal Sentencing and Disposition Commission, which was created by the legislature in 2009 to examine racial disparities in sentencing, but remained dormant under former Gov. Chris Christie (R). Christie never appointed any members to the commission. "We can and must do better," Murphy said in a statement. "A Criminal Sentencing and Disposition Commission can undertake the important review of our sentencing laws and recommend reforms necessary to ensure a stronger, fairer, and more just state." Murphy has already appointed two people to the commission's 13-member board, which must issue a report within a year of its first meeting.

Eight Things That Do (or Don't) Happen When We Legalize Marijuana [FEATURE]

The great social experiment that is marijuana legalization is now five years old, with six states already allowing legal marijuana sales, two more where legal sales will begin within months, and yet another that, along with the District of Columbia, has legalized personal possession and cultivation of the herb.

As a number of state legislatures -- including Connecticut, Delaware, New Hampshire, New Jersey, New Mexico, and New York -- seriously contemplate joining the parade this year, it's more important than ever to be able to assess just what impact marijuana legalization has had on those states that have led the way.

The prophets of doom warned of all manner of social ills that would arise if marijuana were legalized. From hordes of dope-addled youths aimlessly wandering the streets to red-eyed carnage on the highway, the divinations were dire.

So far at least, they were wrong. And while things will doubtless continue to evolve over the long term, as the industry matures, prices possibly drop, regulations change, and familiarity with legal marijuana grows, so far things are looking pretty encouraging. A report released Tuesday by the Drug Policy Alliance, From Prohibition to Progress, takes a long look at what has happened in the states have legalized it:

1. Marijuana arrests plummeted.

Well, of course. If there's one thing you could predict about legalizing marijuana, this is it. The decline in the number of pot arrests is dramatic: 98% in Washington, 96% in Oregon, 93% in Alaska, 81% in Colorado, 76% in DC. That means tens of thousands of people not being cuffed, hauled away, and branded with lifelong criminal records, with all the consequences those bring.

The savings in human dignity, liberty and potential are inestimable, but the savings to state criminal justice and correctional systems are not: The report puts them at hundreds of millions of dollars.

2. …But the racial disparities in marijuana arrests have not ended.

While marijuana legalization dramatically reduces the number of people arrested for marijuana offenses, it clearly does not end racially disparate policing. The vast disparities in marijuana arrests remain, even in legal states. Black and Latino people remain far more likely to be arrested for marijuana offenses than white people, despite similar rates of use and sales across racial groups. There is work to be done here.

3. A tide of teenage weed heads is not unleashed upon the nation.

High school kids in the earliest legalization states smoke pot at rates similar to kids in states that haven't legalized it, and those rates have remained stable. In the later legalization states, rates of teen use vary widely, but have mostly stabilized or declined in the years leading up to legalization. And in those latest states -- Maine, Massachusetts, Nevada, California -- regulatory programs are either not yet in place or so new they're unlikely to have effected youth use rates.

4. The highways remain safe.

In the earliest legalization states, Colorado and Washington, the total number of arrests for driving under the influence of alcohol and other drugs is down, and the crash rates in both states are statistically similar to states that haven't legalized it. In fact, there seems to be no correlation between legalization and crash rates.

5. States with legal marijuana have lower rates of opioid-related harms.

In Colorado, an upward trend in overdoses began to decline after 2014, the first year of retail pot sales in the state. Other positive indicia come from medical marijuana states, which report a nearly 25% drop in overdose death rates, a 23% reduction in opioid addiction-related hospitalizations and a 15% reduction in opioid treatment admissions.

6. Marijuana tax revenues are big -- and bigger than predicted.

Legalization states have collected more than a billion dollars in pot tax revenues -- and that's not counting the monster market in California, where recreational sales just began this month. Likewise, slow rollouts of taxed and regulated marijuana commerce in Maine and Massachusetts, mean no tax dollars have yet been generated there. In the states that do have legal pot sales, overall sales and tax revenues quickly exceeded initial estimates.

7. Marijuana tax dollars are going for good things.

Like $230 million to the Colorado Department of Education in two years to fund school construction, early literacy, school health, and bullying prevention programs. Likewise, schools in Oregon get 40% of the pot taxes and schools in Nevada will get $56 million in wholesale pot tax revenues. Oregon also allocates 20% of pot taxes for alcohol and drug treatment, while Washington kicks in 25%. In Washington state, 55% of pot tax revenues fund basic health plans.

8. Legal marijuana is a job creation engine.

The legal marijuana industry has already created an estimated 200,000 full- and part-time jobs, and that's before California, Maine, and Massachusetts come online. As marijuana moves from the black market to legal markets, weed looks like a growth industry and job generator for years to come.

"Marijuana criminalization has been a massive waste of money and has unequally harmed black and Latino communities," said Jolene Forrman, staff attorney at the Drug Policy Alliance and author of the report. "This report shows that marijuana legalization is working. States are effectively protecting public health and safety through comprehensive regulations. Now more states should build on the successes of marijuana legalization and advance policies to repair the racially disparate harms of the war on drugs."

In addition to reforming police practices to reduce racial disparities, the report also says there is more work to be done on fostering equity within the marijuana industry and points to models for doing so, such as the California provision that having a prior drug conviction can't be the sole basis for denying a marijuana license.

Having places where people can actually smoke legal marijuana also remains an issue, the report noted. Public consumption is not allowed in any of the legal states. It's a ticketable offense in some and a misdemeanor in others. Public use violations are also disproportionately enforced against people of color, and the imposition of fines could lead to jail time for poor people unable to pay for the crime of using a legal substance.

And what about the kids? The report notes that while legalization has generally resulted in reducing historically high numbers of young people being stopped and arrested for pot offenses, these reductions are inconsistent, and in some circumstances, young people now comprise a growing percentage of marijuana arrests. A model could be California, where kids under 18 can only be charged with civil infractions.

Legalizing marijuana may be necessary for achieving social justice goals, but it's not sufficient for achieving them. As this report makes clear, how we legalize marijuana matters, and that's still a work in progress. But so far, it's looking pretty good.

Federal Marijuana Justice Act Filed in House [FEATURE]

Attorney General Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to generally leave law-abiding marijuana operations alone in states where it is legal has paradoxically had the effect of energizing the movement to legalize marijuana at the federal level. The latest evidence of the reaction came Wednesday, as Congresswoman Barbara Lee (D-CA) and Congressman Ro Khanna (D-CA) filed a legalization bill in the House.

Oakland's Democratic Rep. Barbara Lee (Wikimedia)
And it's not just any legalization bill. Their Marijuana Justice Act would help correct decades of injustice surrounding the discriminatory enforcement of marijuana criminalization laws in the United States.

"We intend to end this destructive war on drugs, and this legislation will do that," said Lee at press conference rolling out the bill. "It's a roadmap for ending the drug war, but it also begins to address mass incarceration and disinvestment in communities of color. It is an essential step to correcting the injustices of the failed war on drugs, namely racial disparities in arrests and incarceration."

In addition to ending federal marijuana prohibition by removing the drug from the DEA's list of controlled substances, the bill would allow anyone currently serving a sentence for drug possession to appeal for judicial review of his or her sentence. It would also use federal spending to incentivize states to reform their marijuana laws "if those laws were shown to have a disproportionate effect on low-income people and/or people of color."

That last provision is especially striking given that nearly every state disproportionately arrests and imprisons blacks for marijuana. With this language, the federal government could become an engine for state-level marijuana legalization instead of an impediment to it.

"This would force states with records of racial bias in arrests and sentencing to clean up their acts by cutting funds to the worst offenders," said Lee.

But even that would only begin to repair the damage done by the drug war, the Oakland congresswoman explained.

"It's not enough to just expunge records and end over-incarceration," Lee said. "Restorative justice is extremely important, and these victims of our failed policies deserve our support during the reentry process, too."

Rep. Ro Khanna (D-CA)
For bill cosponsor Rep. Ro Khanna (D-CA), it's the economics, but not just in the traditional sense of increased economic activity and tax revenues. While he pointed to the potential economic gains of legalization, he also highlighted the opportunity costs of pot prohibition and underlined provisions in the bill that would spend federal funds to invest in communities ravaged by the drug war.

"The estimates are that legalization would lead to a $40 billion a year industry, with a million jobs and $7 billion tax revenues, which would more than offset the $500 million in the bill to help invest in communities of color. It's a net gain for government and for job creation," Khanna noted.

"But the economic impact is so much broader," he pointed out. "How many people of color got arrested at 19, 20, or 25? That represents hundreds of millions of dollars in lost economic potential. With this bill, we're not just talking about legalization, but about giving people a second chance.

The Marijuana Justice Act is the House version of the bill introduced in the Senate earlier this year by Sen. Cory Booker (D-NJ), Senate Bill 1689. Booker was at Wednesday's press conference for the House version.

"There is a rush of enthusiasm for legalization," he said, "but it seems like hypocrisy and injustice if you legalize it but don't ty to undo the damage of the war on drugs. You can't get a Pell grant or a business or professional license for doing something three out of our last four presidents have admitted doing. The war on drugs is one of the greatest assaults on people of color since Jim Crow, and that's why this is a very happy day for me. We're trying to make this nation live up to is promise of liberty and justice, not just for the privileged few, but for all.

Sen.Cory Booker (D-NJ) filed the Senate version of the bill last August.
"I think we are seeing momentum growing," Booker continued. "People who were skeptics are being converted. A lot of people are aware of how unjust this has been, and now there is more confidence from seeing early state like Colorado be so successful."

Indeed. One of the most politically striking moments since the Sessions announcement was Colorado Republican Sen. Cory Gardner -- not a supporter of legalization -- taking to the Senate floor to excoriate Sessions over the move and vow to block Justice Department nominees until Sessions reverses himself.

"More than 30 states have passed marijuana reforms," said Lee. "The grassroots and democracy is working. You will see members of the House and Senate move forward because the public supports this. It can't be stopped."

"We are at a tipping point, with nearly two-thirds supporting marijuana legalization and an overwhelming 91% supporting medical marijuana, said Queen Adesuyi of the Drug Policy Alliance, which has been working closely with Booker and Lee on the bills. "Eight states have already legalized it, with Vermont and New Hampshire on the cusp. Yet, Attorney General Sessions continues to threaten the states. It's time to legalize marijuana, protect patients, and end federal marijuana prohibition."

While momentum is building, the bills both face an uphill battle in their respective chambers. The Booker bill, introduced last August, still has only one cosponsor, Oregon Democrat Sen. Ron Wyden, and there is no indication it will get even a committee hearing this session. Lee and Khanna's House version of the bill already had a dozen cosponsors on day one, but again, it is unlikely to get a hearing under the House Republican leadership.

But the legalization bills could fare better next year if the Democrats manage to take back the House and/or the Senate. And Jeff Sessions' war on weed could help them to do just that.

(This article was prepared by's 501(c)(4) lobbying nonprofit, 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: Major Iran Drug Death Penalty Reform, NJ Marijuana Legalization Bill Filed, More... (1/11/18)

Iran moves to put the brakes on drug executions, another national poll has strong support for marijuana legalization, a legalization bill gets filed in New Jersey, a medical marijuana bill gets filed in Kentucky, and more.

Iran drug executions. We will see many fewer after the Islamic Republic approved reforms. (Hands Off Cain)
Marijuana Policy

Quinnipiac Poll Has Strong Majority for Legalization, Opposition to Sessions Move. A Quinnipiac poll released Thursday had support for marijuana legalization at 58% nationwide, roughly in line with recent polls from the Pew Trust (61%) and Gallup (64%). The only demographic groups not embracing legalization were Republicans (33%) and people over 65 (41%). Hispanics were evenly divided with 48% opposed and 48% in favor. But every group said they opposed the push to enforce federal marijuana laws in states where it is legal, with 70% opposing such a move. Marijuana "is here to stay, either for fun or to provide medical comfort," said pollster Tim Malloy in a statement. "And the message to Attorney General Jeff Sessions: Hands off."

Study: Legal Marijuana Could Create a Million Jobs, More Than $100 Billion in Federal Taxes. A study from New Frontier Data, an analytics firm focused on the marijuana industry, estimates that if marijuana were legal nationwide, it would generate federal tax revenues of nearly $132 billion over the next eight years. The study also calculated that nationwide legalization would create nearly 800,000 jobs, with that number rising to more than 1.1. million by 2025.

Sessions, Gardner Meet Over DOJ's War on Weed: No Progress. Sen. Cory Gardner (R-CO) met Wednesday with Attorney General Jeff Sessions regarding their conflict over marijuana policy, but Gardner reported no progress. "Nobody changed their mind in today's meeting," he said. Gardner, who represents a legal marijuana state, has vowed to block Justice Department nominees until Sessions backs away from his order last week rescinding Obama-era guidance to federal prosecutors that law-abiding pot operations in legal marijuana states should be largely left alone.

New Jersey Legalization Bill Filed. State Sen. Nick Scutari (D-Middlesex) filed a marijuana legalization bill on Tuesday. The bill would allow for the possession of up to an ounce of weed, 16 ounces of infused pot products, and 72 ounces of liquid infused products, but would not allow for home cultivation. It would also allow for the licensing of commercial grows and pot shops within a year of the bill's passage. Incoming Gov. Phil Murphy (D) has said he supports legalization. The bill is not yet available on the legislative web site.

Norfolk, Virginia, Calls for Marijuana Decriminalization. The city council in Virginia's second largest city passed a resolution Tuesday calling on state lawmakers to decriminalize pot possession. The resolution also called on the legislature to expand the list of medical conditions for which doctors can recommend the use of CBD cannabis oil Incoming Gov.-elect Ralph Northam (D) made decriminalization a centerpiece of his compaign, often describing the issue in racial justice terms.

Medical Marijuana

Kentucky Medical Marijuana Bill Filed. Secretary of State Allison Grimes announced Tuesday that a bill to legalize medical marijuana in the state, House Bill 166, has been filed. The bill would allow people suffering from a qualifying list of conditions to use medical marijuana. It would also allow patients to grow up to 12 plants in a locked and closed facility.

North Dakota Sets Medical Marijuana Dispensary Regions. The state Department of Health has established eight regions for where dispensaries can be located. State law allows for up to eight dispensaries, with more to be added if necessary. As of now, the eight regions include the state's largest cities and a 50-mile radius around them. The state is no yet taking applications for dispensaries or grow operations.

Heroin and Prescription Opioids

Pennsylvania Governor Declares Opioid Epidemic a Statewide Disaster. Gov. Tom Wolf (D) signed a statewide disaster declaration Tuesday regarding the state's opioid and heroin crisis. "While we have made progress in combating the heroin and opioid abuse crisis and drastically expanded Pennsylvania's response, we are still losing far too many Pennsylvanians," Wolf said in a statement. "I am taking this step to protect Pennsylvanians from this looming public health crisis, and I am using every tool at my disposal to get those suffering from substance use disorders into treatment, save more lives, and improve response coordination." The disaster declaration includes 13 initial initiatives in three broad areas: enhancing coordination and data collection to bolster state and local response, improving tools for families and first responders to save lives, and speeding up and expanding access to treatment.


Iran Reforms Death Penalty for Drug Offenses; Could Spare 5,000 Death Row Prisoners. The head of the Iranian judiciary on Tuesday made it official: Iran has reformed its death penalty statutes and will radically reduce the number of people facing execution for drug offenses. It does so by raising the weight threshold for a death sentence. Under the earlier law, possession of 5 kilograms of opium of 30 grams of heroin merited the death sentence; under the new law, it will take 50 kilos of opium or 2 kilos of heroin. The new thresholds are to be applied retroactively, potentially saving the lives of thousands on death row.

Paraguay Legalizes Medical Marijuana. Paraguayan President Horacio Cartes signed into law a medical marijuana bill on Wednesday. The measure legalizes the medicinal use of marijuana and cannabis oils, allows for local production of medical marijuana, and allows for the import of cannabis oil. Paraguay now joins Mexico and the South American countries of Argentina, Chile, Columbia, and Peru in allowing medical marijuana. Uruguay has legalized marijuana for all uses.

The Good, the Bad, and the Ugly: The Top Ten US Drug Policy Stories of 2017 [FEATURE]

It was the best of times; it was the worst of times. Tens of thousands die of drug overdoses, hundreds of thousands get arrested for drugs, yet marijuana is seeing boom times. As we bid adieu to 2017, here are the year's drug policy highlights:

Drug overdoses killed record numbers of Americans in 2017. (Wikimedia)
1.The Opioid Crisis Deepens, With Overdose Deaths at an All-Time High

The country's opioid crisis showed no signs of abating in 2017, with the Centers for Disease Control estimating 66,000 overdose deaths this year, up from 63,000 in 2016. To be clear, only about two-thirds of fatal drug overdoses are linked to heroin and prescription opioids, but opioid overdoses surged in 2016 by 28%. It's too early for final data on 2017 overdoses, but there is little reason to doubt that opioids were driving the increase this year. The high levels of overdose deaths have led to a fall in US life expectancy for the past two years, only the third time that has happened in the past century. Policy efforts to curtail the problem have sometimes included regressive moves to up drug sentences, and have generally given only limited consideration to the needs many patients have to access these substances. But public health measures like naloxone distribution and "Good Samaritan" non-prosecution policies have also advanced.

2. Fentanyl is Killing More and More People

The powerful synthetic opioid fentanyl and its analogs are implicated in an increasingly large number of opioid overdose deaths. While deaths involving prescription opioids are decreasing, fentanyl-related deaths have increased by an average of 88% a year since 2013. Illicitly imported fentanyl from labs in China or Mexico is mixed with heroin with lethal results: Half of the increase in heroin-related overdose deaths is attributable to heroin cut with fentanyl, the CDC reported in September. There were nearly 20,000 deaths attributable to fentanyl and other illicit opioids in 2016; the 2017 numbers are likely to be even worse.

3. Key Federal Drug Policy Positions Remain Unfilled, and Kellyanne is In Charge

The Trump administration has not nominated anyone to head the DEA, and the agency is currently being led by Acting Administrator Robert Patterson after Chuck Rosenberg, the acting administrator when Trump took office, resigned in September, saying he didn't want to work with the administration any longer. Similarly, the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) is without a permanent head after Trump's nominee, Pennsylvania GOP Rep. Tom Marino went down in flames in October in the wake of reports he steered a bill through Congress that impeded the DEA from going after pharmaceutical drug distributors. Neither the White House nor anyone else seems very interested in filling the position, in part, perhaps, because earlier in the year, Trump floated the notion of cutting ONDCP's budget by nearly 95%. But not to worry: Trump pollster, counselor, and apologist Kellyanne Conway is now leading the administration's fight against opioids -- even though she has no public health experience whatsoever.

So far, Attorney General Sessions' bark is worse than his bite when it comes to marijuana policy. (
4. Attorney General Sessions Revives the Federal War on Drugs…

Under President Obama, Attorney General Eric Holder presided over a ratcheting down of harsh federal drug prosecutions and sentences, but current Attorney General Jeff Sessions is doing his best to undo those reforms. In May, Sessions announced that he had directed federal prosecutors to seek the most severe penalties possible in drug cases, including mandatory minimum sentences.

5. …But Fails to Implement a War on Weed, So Far

For all the wailing, gnashing of teeth, and dire predictions of a Sessions war on weed, it hasn't happened yet. The attorney general has made no secret of his dislike for the demon weed, but that has yet to translate into any firm policy positions or federal crackdowns on marijuana in states where it is legal, for either medical or recreational use. Congressional action continues to bar the use of Justice Department funds to go after medical marijuana, although the future of that law after January 22nd remains in doubt. But there was no bar on going after state-legal recreational marijuana, yet it didn't happen. Sessions told the House Judiciary Committee in November that the Obama-era Cole memo remains in effect. That memo directs prosecutors to pretty much leave state-legal marijuana alone except for specified concerns, such as the involvement of youth, violence, or diversion. Later in November, Sessions said the Justice Department was still examining the Cole memo, so all is not safe, but today legal marijuana is still standing.

6. Legal Marijuana's $10 Billion Dollar Year

In December, marijuana market watchers Arcview Market Research estimated that retail marijuana sales would hit $10 billion in 2017, up 33% over 2016. But that's just the beginning, Arcview said. With huge recreational markets such as California (pop. 39 million) and Canada (pop. 36 million) coming online next year, the group expects North American sales to top $24.5 billion by 2021. It's hard even for a pot-hating attorney general to get in front of that economic juggernaut.

7. Pot is More Popular than Ever

Just ask Gallup. The venerable polling firm has been tracking support for marijuana legalization since 1969, when it was at just 12%. In its latest poll, from October, Gallup now has support for marijuana legalization at 64%. What is really impressive is the rapid increase in support in the past 20 years: In 1996, support was at 25%; by 2012, it had doubled to 50%; and it's gained another 14 points in the five years since. Other pollsters are reporting similar current levels of support for marijuana legalization. And this could be another reason the attorney general hesitates to crack down on weed.

8. No State Legalized Weed, But 2018 Should Be Different

After 2016 saw marijuana legalization initiatives win in California, Maine, Massachusetts, and Nevada -- losing only in Arizona, closely -- anticipation was high that 2017 would see more states come aboard. It didn't happen. There are two explanations for this: First, it was an off-off election year and no initiatives were on the ballot, and second, it's hard to move controversial legislation though the state house. Still, the Vermont legislature actually passed a legalization bill, only to see it vetoed by a Republican governor, and that governor now says he is ready to sign a legalization bill. That could happen as early as next month. Likewise, a number of other states saw legalization bills make serious progress, and we could see those efforts come to fruition in places like Connecticut, Delaware, New Jersey, and Rhode Island. And 2018 will most likely see at least one legalization initiative. Activists in Michigan have already handed in signatures and should have enough of a cushion to qualify for the ballot.

9. Safe Injection Sites in the US Draw Ever Nearer

The harm reduction intervention has been proven to save lives, increase public health and public safety, and get hardcore drug users in touch with medical and social service help, and the message is finally on the verge of getting though in the US. At least two major West Coast cities, San Francisco and Seattle, are advancing plans to open such facilities -- although not without staunch opposition -- and, under the progressive leadership of young Mayor Svante Myrick, Ithaca, New York, is making similar plans.

10. The War on Drugs Rolls On

Despite the legalization of medical and/or recreational marijuana in various states, despite various sentencing reforms at the state and federal level, despite the growing recognition that "we can't arrest our way out of this problem," the drug war just keeps on going. The FBI released its annual Uniform Crime Report in November, and while the numbers are from 2016, this year's numbers are unlikely to be any better. More than 600,000 people got arrested for marijuana offenses in 2016, down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015. It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

California's Rules and Regulations for the Legal Marijuana Market: Highlights

When California initiates legal marijuana commerce on January 1, it will be the world's largest legal pot economy. Now, just weeks away, we're finally seeing the rules that are going to govern the transition from black and gray market to a legal, taxed, and regulated market.

(Never mind for now that huge swathes of the state's marijuana industry are going to remain in the black market because their crops are destined for states where pot remains illegal -- this is about the legal market in California.)

"I feel a big sigh of relief. It's a big milestone for us to release these regulations," said Lori Ajax, chief of the state’s Bureau of Cannabis Control. "But there's still a lot of work to be done. No rest for the weary."

State officials unveiled the regulations -- 276 pages of them -- on Thursday. They will govern licensing for state-legal marijuana businesses, as well as a huge range of regulatory issues, from edibles to deliveries to store hours and locations to the size of marijuana farms and more.

Here are the links to the regs themselves:

And here are some of the highlights:

  • Sales will begin on January 1, but -- and this is a big but -- only in localities where local officials have created local permitting processes. The state will license businesses only when they have local permits, so cities and counties that have dilly-dallied, like San Francisco (!), are not going to be ready to start sales on day 1. And some localities have decided not to allow marijuana businesses at all, so access to pot shops is going to be patchy.
  • Marijuana retailers will be allowed operating hours between 6:00am and 10pm, but will have to be at least 600 feet away from schools and day-care centers. And they will need to have 24-hour video surveillance.
  • Free samples only for medical marijuana patients or their caregivers.
  • No marijuana sales at strip clubs. Sorry.
  • Licensing fees are spelled out, and they range from $800 a year for a marijuana delivery service up to $120,000 a year for businesses doing multiple activities that make more than $4.5 million a year. For growers, license fees will range from as low as $1,200 to as much as $80,000, depending on the size of the grow.
  • There are no limitations on the size of marijuana farms. The Agriculture Department had proposed a one-acre cap, but dropped it before issuing its regulations. Also dropped was a cap on how many small farms and nurseries individuals can own. This likely means the emergence of large-scale pot farming operations and increased pressure on the Ma-and-Pa producers who created the state's pot industry in the first place.
  • Marijuana delivery services will be allowed, but will be limited to motorized vehicles driven by humans. No bicycles, boats, or drones will be allowed, and neither will self-driving vehicles.
  • Edibles will be limited to serving sizes that contain no more than 10 milligrams of THC and no edible can contain more than 10 servings, or a maximum of 100 milligrams of THC. The term "candy" cannot be used in any branding, and product labels that portray cartoons or otherwise target kids will not be allowed. And edibles can't be made in the shape of a human being, animal, insect, or fruit.
  • While edibles are allowed, marijuana-infused alcohol, nicotine, caffeine, or seafood (!) is not. No pot lobster for you.
  • Advertising is going to be very restricted. The regulations limit advertising to outlets where at least 71.6% (?) of the audience is "reasonably expected to be 21 years of age or older." Good luck with that.
  • Marijuana-themed events at public facilities, such as fairgrounds, are allowed, but only with a special license.
  • All products must be tested, but the regulations will allow the sale of untested products through July 1 -- if the product is labeled as such or if  it is put in child-resistant packaging.
  • Prices are going to go up. A bag of good quality bud that currently goes for $35 is likely to cost $50 or $60 when recreational sales and other taxes kick in.

Chronicle AM: Trump Opioid Commission Calls for More Drug Courts, More... (11/1/17)

President Trump's opioid commission issues its recommendations, El Paso becomes the latest Texas locale to ease marijuana possession penalties, would-be Arkansas medical marijuana providers file suit over an application process that excluded them, and more.

The Trump opioid commission has called for drug courts nationwide to help ease the crisis.(
Marijuana Policy

Delaware Marijuana Task Force Report to Be Delayed. The legislative task force studying whether to legalize marijuana has delayed issuing its final report from the end of January to the end of February. The delay was requested by the Keep Delaware Safe and Healthy Coalition, a coalition of influential groups opposed to legalization.

New Jersey Court Rules State Must Consider Reclassifying Marijuana. An Appellate Division court ruled 2-1 Tuesday that the state must at least consider removing marijuana from its list of controlled substances. The ruling came in a case brought by two plaintiffs, a man serving a life sentence for marijuana trafficking and a young girl with epilepsy who uses marijuana for medical reasons. The court did not order the state to reclassify the herb, but said the head of the Division of Consumer Affairs should have considered reclassification instead of just flatly denying a petition to do so.

El Paso Becomes Latest Texas Locale to Not Automatically Arrest for Marijuana Offenses. El Paso county commissioners voted on Monday to approve a program under which first-time offenders caught with less than two ounces of weed can avoid arrest and criminal charges. The state passed a law allowing for the down-grading of pot possession offenses in 2014, but it has only been implemented in Austin, Dallas, and Houston.

Medical Marijuana

Arkansas Business Applicants Sue Over Rejected Bids. A group of applicants seeking to open some of the first medical marijuana businesses in the state filed lawsuits last week charging that the state Medical Marijuana Commission erred in its initial assessment of applications, where it rejected several applicants for failing to meet minimum requirements. The lawsuits seek a temporary restraining order to force the commission to include the plaintiffs' applications during a final scoring review.

Heroin and Prescription Opioids

White House Opioid Commission Issues Recommendations. President Trump's commission on the opioid crisis called Wednesday for the nationwide expansion of drug courts and more access to alternatives to opioids for people suffering pain as part of a series of recommendations for shaping drug policy to more effectively address the crisis. The 56 recommendations also include requiring doctors to show they have training in the safe provision of such drugs before their DEA licenses are renewed, requiring health care providers to use prescription drug monitoring databases, and easing Medicaid and insurance payments for opioid drug treatment. The recommendations contain no provision for increased funding.

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