2014

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Florida Medical Marijuana Initiative Has Enough Signatures!

The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.

The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures.

The campaign led by People United for Medical Marijuana still must overcome one more hurdle before the initiative can appear on the ballot. The state Supreme Court is currently considering a challenge to the initiative from state Attorney General Pam Bondi (R), and will decide by April 1 whether her objections are valid.

If the initiative makes the ballot and passes, that will open up a huge fissure in what had previously been the solidly anti-medical marijuana South.

Location: 
FL
United States

The Specter of Municipal Marijuana Legalization Looms Over DC [FEATURE]

The District of Columbia city council this week took a preliminary step toward decriminalizing marijuana possession in the nation's capital, with a bill to do just that winning a unanimous committee vote. But the council's belated response to decades of racially biased pot policing may end up just being a blip on the path to outright legalization.

That's because District activists, led by the indefatigable Adam Eidinger and the DC Cannabis Campaign have filed a marijuana legalization initiative with DC officials and are determined to move forward with it.

According to the campaign, the Legalization of Possession of Small Amounts of Marijuana for Personal Use Act of 2014 would "make it lawful for a person 21 years of age or older to possess up to two ounces of marijuana for personal use; to grow no more than three mature cannabis plants within the person's principal residence; and to transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older; and to use or sell drug paraphernalia for use, growing or processing of marijuana or cannabis that is made legal by the Initiative."

The act does not address legal marijuana commerce because under District law, initiatives cannot deal with matters having to do with District government revenues. In the event the initiative passed, the council would have to come up with any regulatory and taxation scheme.

"Under DC law, voters can't interfere with the city's tax and spending authority," explained Bill Piper, national affairs director for the Drug Policy Alliance (DPA). "And the courts have read that so broadly that they ruled that a ban on public smoking in bars would lead to less smoking, which would interfere with the city's revenue authority."

The time for a legalization push appears to be ripe. Public sentiment in the District, long a bastion of liberal politics, is swinging in favor of legalization, not least because of increased public awareness of the racially disparate impact of marijuana prohibition.In a June report, The War on Marijuana in Black and White, the American Civil Liberties Union found that Washington, DC, had one of the highest racial disparities in marijuana arrests in the country, second only to Iowa. In DC, blacks were 8.05 times more likely to face arrest for pot possession than whites. Numbers such as these are driving the reformist impulse in the District.

A Washington Post poll released Wednesday is a case in point. In that poll, 63% of DC residents favored legalizing small amounts of marijuana, up from only 46% in 2010. And among the District's black residents, support increased even more dramatically, from only 37% in 2010 to 58% now.

Adam Eidinger before the microphone (dcmj.org)
Not only does legalization appear to have public opinion on its side, the District is also easy pickings for initiatives. The number of signatures needed to qualify for the ballot is relatively small, and, in advertising market terms, DC is only a medium-sized market, meaning that the cost of a campaign is also relatively small.

"We only need 25,000 valid signatures, although we're going for 30,000, just to be on the safe side," said Eidinger. "I think we can do that in four months," even though DC law gives them up to six months.

The veteran DC activist estimates that the campaign needs $500,000 to be successful.

"I think we need about $300,000 for signature gathering," he said. "We'll need about half a million to be also be able to fight off any counter-campaign that emerges."

Eidinger and the DC Cannabis Campaign aren't there yet. He said the campaign had received a $100,000 donation from Dr. Bronner's Magic Soaps and an additional $10,000 in bitcoins (!). The drug reform community needs to step up, he said.

"If we don't raise at least $350,000, I don't know if we can move forward," he said. "That's the bare bones. And if we do get this on the ballot, the drug reform community here in Washington should come up with the money. This is the nation's capital," he exclaimed. "It's a twofer. If we can legalize it here, we can legalize it anywhere."

But drug reform organizations that serve as major funding conduits have yet to get on board, at least with their checkbooks.

"We don't have a position so far on the initiative," said Dan Riffle, a spokesman for the Marijuana Policy Project. "We generally support legalization, but it's a question of whether we want to put our resources into a campaign that would improve on a very good law."

Riffle was referring to the District's decriminalization bill, which he described as "the best decriminalization law in the country," with maximum $25 fines and no probable cause for a search based on smell alone.

DPA was similarly focused on the decriminalization bill and perhaps going even further with the council.

"Our first goal is eliminating the mass arrests of people of color in DC, which is why we're working with the council to support the decriminalization bill," said Piper. "And then we will support legalization, either through the initiative process or through the council or both," he said.

"We've had a lot of discussions with Adam," said Piper. "They're in the process of figuring out how much money they can raise to support this, while we're working with Councilmember Grosso and others on a tax and regulate bill."

That's all well and good, said Eidinger, but the initiative campaign needs money now.

"Early donations are the most important," he emphasized. "I think we can get the money to get this on the ballot, but we need money to defend it, and we need to hire good people early. People need to donate now!"

Marijuana reform is happening in the District of Columbia. The question now is how far it goes, and by what route. Decriminalization looks like a done deal, but having a legalization initiative hanging over the city council's head may prod it to take the next step as well.

"The council will for sure decriminalize in the next month," Piper prophesied. "But will they then take up legalization? Having an initiative on the ballot is a good way to force their hand. We're hopeful that the council will realize that they will either end up in a situation where marijuana is legal with no controls, or they can take action and adopt a regulatory approach."

The initiative now awaits approval by the Board of Elections of its language, which could take up to a month. Then, it's on to signature gathering. Then it's winning an election. And then, Congress would have to refrain from blocking it -- or be forced once again to contravene the democratically expressed will of the voters of the nation's capital.

"There are lots of hurdles, but now is the time to move forward with righteous indignation," Eidinger said. "Those people who were talking about decriminalization aren't talking about it now; instead, the goal now is legalization. This is the time for everyone to think big and win!"

Washington, DC
United States

Chronicle AM -- January 16, 2014

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

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

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

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

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

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

Medical Marijuana

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

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

Hemp

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

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

Heroin

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

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

Kratom

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

Drug Courts

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

Search and Seizure

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

International

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

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

Medical Marijuana Update

Action is really picking up as state legislatures get back into session. Meanwhile, the long battle over regulating medical marijuana in California continues. Let's get to it:

Alabama

On Tuesday, the Alabama legislature began its session with a pre-filed CBD medical marijuana bill. The bill, known as Carly's Law, is named for a Birmingham girl who suffers seizures and would allow for the use of CBD oil for specified medical conditions. It is cosponsored by Reps. Mike Ball (R-Madison), Patricia Todd (D-Birmingham), and Allen Farley (R-McCalla).

California

Last Monday, the city of San Rafael forced a delivery service operating there to shut down. The Caregiver Compassion Group had been quietly doing deliveries since 2011, when it lost its lease in Sausalito, and operated out of a San Rafael office. The city has banned dispensaries since 1997, and a delivery service with an office in the city is apparently close enough for city officials.

Last Thursday, the Los Angeles city attorney said he would step up enforcement against dispensaries operating in violation of Proposition D, which limited the number of dispensaries in the city to 135. City Attorney Mike Feur spoke as his office obtained an injunction against a real estate business that brokered a deal for a medical marijuana dispensary. The city has so far brought 68 criminal cases against unpermitted dispensary operators and property owners.

On Monday, San Jose medical marijuana supporters filed an initiative asking voters to keep dispensaries open in most of the city. City officials have been moving to close down some dispensaries near homes and are preparing to enact sweeping new restrictions on dispensaries. The initiative calls for a minimum of 50 dispensaries, along with the creation of a "cannabis commission" to regulate them. Advocates hope the council simply adopts their measure when it votes on regulations in March, avoiding a ballot box fight. After the city clerk's office approves the ballot title and summary, the Silicon Valley Cannabis Coalition will have until May 16 to gather 20,372 signatures to qualify for the November ballot.

On Tuesday, Butte County supervisors gave initial approval to their tightest cultivation rules yet. Marijuana grows would limited to 50 square feet on parcels of less than 5 acres, 100 square feet on parcels of less than 10 acres, and 150 square feet on parcels greater than 10 acres. The unanimous vote came after more than three hours of testimony in which virtually everyone speaking called for tightening restrictions on growers. The rules face two additional votes, one and the end of this month and one in February.

Also on Tuesday, Lake County supervisors ordered public hearings on regulations for dispensaries and cultivation centers that might open in unincorporated areas of the county. The board directed the Zoning Board of Appeals to conduct the hearings. The board is working from a draft ordinance that would bar medical marijuana operations from doing business near schools, parks, and day care centers, limit signage, and ban edibles.

On Wednesday, the 9th US Circuit Court of Appeals rejected an appeal from dispensaries as well as landlords and customers challenging the federal government's enforcement of federal marijuana laws. The dispensaries had sought injunctions blocking enforcement, but the appeals court shot them down.

Last Wednesday, the East Hartford planning commission award a special-permit application for a dispensary on Pitkin Street. The dispensary, Constitution Care LLC, must still receive approval from the state Department of Consumer Protection, which is expected to grant licenses by next month.

Florida

Last Thursday, a powerful legislator agreed to file a CBD medical marijuana bill after hearing from the families of children who suffer from epileptic seizures. Rep. Matt Gaetz (R-Shalimar), head of the House Criminal Justice Subcommittee, made the vow after the panel heard two hours of testimony from parents who said high-CBD strains helped their children.

On Monday, medical marijuana initiative organizers said they had gathered more than a million signatures. People United for Medical Marijuana needs 683,149 certified signatures to qualify for the November ballot, so they have created a margin of comfort to account for invalid signatures. The campaign must also meet minimum signature numbers in half of the state's 27 congressional districts. The initiative is also before the state Supreme Court, where it has been challenged by Attorney General Pam Bondi (R).

Kentucky

Last Thursday, a House panel held a hearing on medical marijuana. An overflow crowd attended the hearing of the House Health and Welfare Committee where the topic was discussed, even though no particular bill was at issue. But one could be soon. The same day, Sen. Perry Clark (D-Louisville) filed Senate Bill 43, which would legalize medical marijuana.

On Wednesday, the Senate Health and Welfare Committee held a hearing on medical marijuana. The committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one such bill, Senate Bill 43, has already been filed.

Minnesota

On Monday, Gov. Mark Dayton (DFL) said he was not ready to allow medical marijuana, but would be open to a study on the issue. "I've said since I ran for office that law enforcement has enough to contend with, and I am not going to support something that has the adamant opposition of law enforcement in Minnesota, and that is still the case," he said."I'd be supportive of funding for an independent, objective study of what other states have done, what have the results been," he said. Then, maybe in 2015, he suggested.

Missouri

On Tuesday, Rep. Rory Ellinger filed a medical marijuana pilot program bill. The University City Democrat introduced House Bill 1324. Click on the link to find it on the legislative web site.

Pennsyvlania

On Tuesday, a bipartisan medical marijuana bill was filed. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) introduced Senate Bill 1182, marking the first time such a measure has been introduced with bipartisan support.

Washington

On Tuesday, medical marijuana supporters in the legislature filed a bill to protect patient rights and preserve the state's medical marijuana program by establishing a firm regulatory framework for it. House Bill 2233 would provide a clear mechanism for licensing and regulation of commercial businesses, while also preserving a patient's right to grow their own cannabis, both individually and cooperatively. It would also restore vital provisions passed by the legislature in 2011, but later vetoed by Governor Gregoire (D).

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM -- January 15, 2014

As the legislative season gets underway, bills are being introduced all over the place -- good, bad, and ugly. And there's trouble in Mexico, peace talks in Colombia, and more. Let's get to it:

The FARC are negotiating peace and coca crop reductions in Colombia.
Marijuana Policy

Washington State Bill Would Ban Local Bans on Marijuana Businesses. A bill introduced Tuesday with 10 cosponsors would essentially bar local governments from banning pot businesses by requiring them to cooperate with state regulators in allowing marijuana stores, grows, and processing facilities to operate. Under House Bill 2322, local governments would have to treat licensed marijuana enterprises the same as any other business that attempts to locate within their boundaries. They'd be barred from adopting zoning or other regulations that impede the establishment of pot businesses. Another measure, House Bill 2144, would offer a carrot to localities by giving them 30% of the state's excise tax on marijuana sales.

New Hampshire Governor Would Veto Legalization Bill. New Hampshire Gov. Maggie Hassan (D) said Tuesday that she would veto a pending marijuana legalization bill because she thinks it would send the wrong message to the state's youth. The House is voting on the bill today.

Missouri Marijuana Decriminalization Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill to decriminalize the possession of small amounts of marijuana. The bill is House Bill 1325. Click on the link to find it on the legislative web site.

Rhode Island Legalization Proponents Form Coalition. And then there was Regulate Rhode Island. Click on the link to check out the new coalition and its web site.

Medical Marijuana

Missouri Medical Marijuana Pilot Program Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill that would allow for the use of medical marijuana. The bill is House Bill 1324. Click on the link to find it on the legislative web site.

Florida Initiative Campaign Passes Million-Signature Mark. The People United for Medical Marijuana campaign to put a medical marijuana initiative on the November ballot passed the million-signature mark this past weekend, campaign director Ben Pollara said. The group needs 683,000 valid voter signatures to qualify for the ballot -- if the state Supreme Court allows it. The initiative has been challenged by state Attorney General Pam Bondi (R).

Medical Marijuana Bill Filed in Pennsylvania. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have introduced a bill to legalize medical marijuana in Pennsylvania. The filing of the bill, Senate Bill 1182, marks the first time such a measure has been introduced with bipartisan support.

Kentucky Senate Committee Holds Medical Marijuana Hearing. The Senate Health and Welfare Committee is holding a public hearing today on medical marijuana, although the committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one medical marijuana bill, Senate Bill 43, has already been filed.

Drug Testing

Mississippi Welfare Drug Testing Bill Passes House Committee. A divided House Public Health and Human Services Committee Tuesday approved a bill that would require some welfare recipients to undergo drug tests. House Bill 49 would require new recipients to be assessed to see whether there was a high probability they were using drugs, and if so, to undergo a drug test. It was expected to go to a full House vote today.

Florida Governor Appeals Federal Court Ruling on State Employee Drug Testing. Gov. Rick Scott (R) Monday asked the US Supreme Court to rule on the constitutionality of a drug testing policy aimed at state employees. The 11th US Circuit Court of Appeals last year found the measure unconstitutional. Since taking office in 2011, Scott has made a high-profile issue of requiring drug tests for state employees and welfare recipients. But federal courts have ruled against him on both issues, as opponents have argued that government drug tests violate the Fourth Amendment ban on unreasonable searches and seizures.

Arizona Unemployment Benefits Drug Testing Bill Filed. Republican Reps. Phil Lovas and David Livingston and Republican Sen. Judy Burges have filed a bill that would require people seeking unemployment benefits to undergo drug screening, with drug testing mandated for those who appear likely to be using drugs. The bill, House Bill 2030, is similar to one passed in Texas last year, but put on hold because the federal Department of Labor has yet to determine which professions regularly require drug testing.

International

Colombia's FARC Presents Plan for Reducing Coca Cultivation. Colombia's FARC guerrillas, now in peace talks with the Colombian government in Havana, have presented a plan to reduce coca cultivation. The plan calls for demilitarizing the countryside and suspending aerial spraying of coca crops. Negotiations to end the country's 50-year-old insurgency have been going on for months and will continue.

Mexican Soldiers Meet Resistance in Bid to Disarm Vigilantes. Anti-cartel vigilantes in Michoacan offered up fierce resistance Tuesday as soldiers began trying to disarm the groups, which have taken control of a number of towns in the agricultural west-central Mexican state. Vigilantes said four people were killed in confrontations with the army; the army said one. The vigilantes said they would not give up their weapons until the government arrested top leaders of the Knights Templar cartel, which is based in the state and headquartered in the town Apatzingan. Vigilantes have taken several villages on its outskirts.

Turin Approves Medical Marijuana, Challenges Harsh Italian Drug Laws. The city council in the northern Italian city of Turin Tuesday approved a measure allowing for medical marijuana and rejecting a 2006 Italian law that undid the legal distinction between "soft" and "hard" drugs. The medical use of marijuana has been already allowed in some Italian regions like Liguria, Tuscany and Veneto, but the recreational consumption of the drug is still taboo there. Turin's move could spur more movement toward allowing recreational marijuana use.

Bermuda Activist Starts Online Petition for Medical Marijuana. Marijuana reform activist and attorney Alan Gordon has started an online petition asking Public Safety Minister Michael Dunkley to allow emergency medical cannabis permits for cancer patients with a doctor's recommendation. Gordon says that Bermuda's drug law allows the minister to make case-by-case exceptions to the general ban on marijuana. He also wants the minister to publish rules for making applications for a waiver.

Chronicle AM -- January 14, 2014

Lots of activity on the marijuana and medical marijuana fronts today, and an academic study casts doubt on the utility of student drug testing. Let's get to it:

Marijuana Policy

DC Decriminalization Bill Gets Committee Vote Tomorrow. A bill that would decriminalize the possession of small amounts of marijuana goes for a vote before the city council's Judiciary and Public Safety Committee Wednesday. It is expected to pass. The measure is also expected to get through a vote of the full council later.

Pennsylvania NAACP Backs Away from Legalization. The president of the Pennsylvania NAACP said Monday that even though one state branch supported marijuana legalization last year, that support was "illegal" and didn't reflect the state group's position. The Cheltenham branch had supported a legalization bill introduced by Sen. Daylin Leach (D-Montgomery County), but state NAACP head Jerome Mondesire said that was a no-no. "That can't be done locally," he said. "They've been asked to back away from it and they have."

Colorado Marijuana Possession Cases Dropped Big-Time After Legalization, But Didn't Disappear. Figures from the Colorado judiciary show that marijuana-related cases dropped 77% between 2012 and 2013, and the number of simple possession cases has dropped from 714 a month in the first part of 2012 to just 133 a month a year later. Possessing less than an ounce of marijuana only remains illegal for people under 21.

Wyoming Marijuana Legalization Initiative Filed. Activists with Wyoming NORML last week filed a proposed initiative with state officials that would allow medical marijuana patients to grow 12 plants and let all Wyoming adults 21 and over possess marijuana for personal use. Organizers are aiming at the 2016 ballot. The proposed initiative would decriminalize recreational use and public displays of 3 ounces or less of marijuana.

Project SAM to Help Fight Legalization in Alaska. Project SAM, the anti-marijuana legalization group headed by former Congressman Patrick Kennedy (D-RI) and former drug czar's office employee and media go-to guy Dr. Kevin Sabet, will assist local efforts to defeat a proposed marijuana legalization initiative. The initiative has handed in signatures and awaits signature verification. Sabet said Monday he had been asked by a "handful of leaders" to help fend off legalization. Sabet also repeated his favorite frightening refrain -- that legalization would not lead to regulated marijuana sales, but to "Big Marijuana," supposedly something akin to Big Pharma or Big Tobacco.

Medical Marijuana

San Jose Dispensary Initiative Filed. California's third largest city (sorry, San Francisco) could see a popular vote to block a ban on dispensaries after activists filed an initiative Monday with city officials. City officials have been moving to close them down, but initiative backers hope to get enough signatures to qualify the measure for the November ballot. The city has been sending "cease and desist" letters to dispensaries and is set to vote on an ordinance that would effectively ban them in 99% of the city. The initiative would set a minimum of 50 dispensaries for the city. Organizers need 20,372 valid voter signatures by May 16 to qualify.

Alabama Medical Marijuana CBD Bill Filed. The Alabama legislative session begins today, and a medical marijuana bill awaits. The bill, House Bill 104, was pre-filed last week and is sponsored by Reps. Mike Ball (R-Madison), Patricia Todd (D-Birmingham), and Allen Farley (R-McCalla). It would provide a medical necessity defense for people seeking to be treated with cannabidiol (CBD).

Minnesota Governor Not Ready for Medical Marijuana, But Open to Study. Minnesota Gov. Mark Dayton (DFL) said Monday he is not ready to allow medical marijuana in the state, but would be open to a study on the issue. "I've said since I ran for office that law enforcement has enough to contend with, and I am not going to support something that has the adamant opposition of law enforcement in Minnesota, and that is still the case," he said. "I'd be supportive of funding for an independent, objective study of what other states have done, what have the results been," he said.

Key Supporter Says New York Medical Marijuana Bill Not Ready for Senate Vote. State Sen. Diane Savino (D) said Monday that a pending medical marijuana bill "isn't ready" for a Senate vote. Medical marijuana bills have repeatedly passed the Assembly, only to be blocked in the Senate, which is controlled by Republicans and a handful of independent Democrats, including Savino. "We're not playing politics with this issue," Savino said. "There are patients whose lives are being affected by this issue. We're going to build support for this the way we build support for everything else. There is sufficient support in both conferences." But, she added, "...You can't force a bill to the floor until the bill is ready. The bill will be ready when I let you know it's ready."

Washington State Bill Would Protect Medical Marijuana Patients, Program. In the wake of legalized marijuana under I-502, medical marijuana supporters have filed a bill, House Bill 223, to keep some key medical marijuana provisions from being swept away in the legalization tide. The bill would provide a clear mechanism for licensing and regulating dispensaries and preserve patients' rights to grow their own medicine. I-502 legalized sales and possession of marijuana, but not home growing, and there have been some efforts within officialdom to wipe out or reduce personal cultivation for patients as well under its rubric. (The bill was not up on the legislative web site as of Tuesday.)

Drug Testing

Study Finds Student Drug Testing Ineffective; Positive School Environments Better. A study published in the January issue of the Journal of Studies on Alcohol and Drugs has found that school drug tests don't deter kids from smoking marijuana, but that creating a positive school environment may be more effective. Researchers tracked students from schools with and without drug testing policies and found no significant differences in the likelihood that students would try marijuana. "Even though drug testing sounds good, based on the science, it's not working," said study author Daniel Romer, of the University of Pennsylvania Annenberg Public Policy Center.

International

Kazakhstan MP Wants Marijuana Farms Leased to Pharmaceutical Companies. A Khazakh member of parliament -- who also just happens to be the president's daughter -- has suggested leasing broad swathes of land currently using for illicit marijuana farming to major pharmaceutical companies. MP Dariga Nazarbayeva suggested to parliament that "We review our attitude to cannabis." The interior minister, Kalmukhanbet Kasymov, appeared receptive, saying, "You can't just seal off 140,000 hectares of land. Cannabis is spreading across our country." Decades of eradication efforts in Kazakhstan have proven ineffective.

DC Pols Move Toward Marijuana Decriminalization, But a Legalization Initiative Looms

The possession of small amounts of marijuana in the nation's capital could soon be no more than a ticketable offense. A decriminalization bill is set to move in the city council, with a committee vote set for tomorrow.

The council's Judiciary and Public Safety Committee will vote on Council Bill 20-409, the "Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act of 2013," which decriminalizes the possession of up to an ounce. The committee is expected to pass the measure.

It then moves to the full council, where it is also expected to pass.

Interestingly, the council's moves on decrim come just days after DC activists filed an initiative that would hop-scotch half-measures like decriminalization and move forward to full legalization. We are planning a feature article this week on the initiative campaign, and one thing we'll be asking people is how the politics of city council decrim intersects with the politics of legalization through the popular vote.

In the meantime, the Drug Policy Alliance, which has been working closely with DC functionaries and elected officials on the decrim effort, has a press release with more information. Stay tuned!

Location: 
Washington, DC
United States

Chronicle AM -- January 13, 2014

Marijuana legalization is one step closer in the nation's capital, even Georgia Republican legislators are getting on the medical marijuana bandwagon, Syria's civil war is being fueled by speed, and more. Let's get to it:

Captagon, Middle Eastern speed. Just what every brutal civil war needs. (wikimedia.org)
DC Marijuana Legalization Initiative Filed. Marijuana legalization activists filed an initiative with city officials last Friday to legalize the possession of up to two ounces and three plants by adults. Look for a Chronicle feature article on this later this week.

St. Louis Mayor Ask Residents to Weigh In on Marijuana Policy. St. Louis Mayor Francis Slay (D) is asking residents what they think about marijuana legalization. His web site has the poll online (click the link above). The poll comes as activists organized as Show-Me Cannabis Regulation beat the bushes statewide in an effort to get legalization on the ballot in Missouri.

Maine US Senate Candidate Supports Legalizing Marijuana. Democratic Party US Senate candidate Shenna Bellow is making marijuana legalization a key plank in her platform. A former director of the ACLU of Maine, Bellow calls herself a progressive and a libertarian, and also supports bold action on climate change, less government surveillance, and raising the minimum wage. She also said she envisioned herself as a Senate leader on marijuana reform.

Maryland Republican State Senator to Cosponsor Legalization Bill. State Sen. Allen Kittleman (R-Howard) said last Friday he will cosponsor a marijuana legalization bill. The bill's other sponsor is Sen. Jamie Raskin (D-Montgomery), but neither has actually filed the bill yet, according to the legislature's web site.

Dane County, Wisconsin, to Vote on Marijuana Legalization Referendum. Dane County (Madison) supervisors voted last Thursday to put an advisory referendum asking "Should the state government enact legislation legalizing marijuana?" on the spring ballot. In 2010, Dane County voters approved a medical marijuana advisory referendum with 75% of the vote. The spring election is set for April 1.

Medical Marijuana

New York Medical Marijuana Supporters Rally in Albany. Saying Gov. Cuomo's move last week to institute a limited medical marijuana program doesn't go nearly far enough, medical marijuana supporters rallied in Albany Monday to urge the state Senate and the governor to pass comprehensive pending legislation.

Medical Marijuana Business Conference in Oregon Later This Month. As Oregon prepares to enter the dispensary era, the Oregon Medical Marijuana Business Conference will be held January 30 and 31 to discuss issues surrounding dispensaries, ranging from banking problems to licensing and beyond. Click on the link for more details.

Georgia Republican Legislators Signal Openness to Medical Marijuana. Last Wednesday, Republican state Sen. Josh McKoon (R-Columbus) called for hearings on medical marijuana. Two days later, House Speaker David Ralston (R-Blue Ridge) said he was open to the idea. The moves come after local activists with the Georgia Campaign for Access, Reform, and Education (Georgia CARE) met with state officials about the issue. Peachtree NORML has also been working the issue there.

Drug Testing

Texas Unemployment Beneficiary Drug Screening Delayed. Texans applying for unemployment benefits were supposed to start being screened for evidence of drug use beginning February 1, but that isn't going to happen just yet. The Texas Workforce Commission, which is charged with implementing the law, says the US Labor Department has not provided guidance on who should be screened. The state was able to implement the law requiring screening of first-time applicants in some professions, Senate Bill 21, after Congress passed a law allowing states to drug test people receiving unemployment benefits, but the Labor Department has yet to outline which occupations fall within the parameters of the federal law.

Alabama State Senator Will File Welfare Drug Testing Bill. State Sen. Trip Pittman (R-Daphne) says he will sponsor legislation requiring drug testing of some welfare recipients. Pittman wants anyone convicted of a drug offense within the last five years to have to undergo a drug test. A similar Pittman bill got through the Senate last year, only to die without a vote in the House. While Pittman said he filed the bill already, it hasn't appeared on the state legislative web site. The Alabama legislative session begins tomorrow.

Tennessee Nurses Sue Over Drug Test Strip Searches. Four Nashville nurses who say they were forced to remove all their clothing and submit to drug tests after hospital officials said drugs were missing are now suing St. Thomas Hickman Hospital. No drugs were found and none of the nurses tested positive for drugs. Now, each is seeking $75,000 in damages. Click on the link for the gory details.

Harm Reduction

Wisconsin Naloxone Pilot Program Getting Underway. The Wisconsin Department of Health Services has selected 47 state agencies to participate in a one-year pilot program allowing all emergency medical responders to administer the opioid overdose antidote naloxone. Some emergency personnel are already authorized to use naloxone, and is it being used with increasing frequency, from 2,900 times in 2010 to 3,700 in 2012.

Methamphetamine

Tennessee Controller Issues Report on Meth. The Tennessee Controller's Offices of Research and Education Accountability have issued an updated report on meth production that finds that two popular methods for curbing production have not been proven effective. Those measures are the electronic tracking of cold medication purchases, which has not resulted in a decline in the number of home meth labs in the state, and requiring prescriptions to purchase cold medicines, which has been associated in declines in some states, but other states have shown declines without imposing such laws. Click the link to read the report.

International

Speed Use, Production Cranking Up Amidst Syrian Civil War. Syria has become a major amphetamine exporter and consumer, Reuters reported Sunday. The county's brutal civil war is fueling demand, and the central government's loss of control over vast swathes of the country is creating opportunity for producers. The speed in question is Captagon, whose active ingredient, fenethylline, is metabolized by the body into the stimulants amphetamine and theophylline. Production has moved out of Lebanon and Turkey and into war-torn Syria, the report said. Captagon is a favored black market stimulant throughout the Middle East.

Fight Between Vigilantes and Knights Templar Cartel Continues in Mexico's Michoacan. Hundreds of armed vigilantes took over the Knights Templar Cartel stronghold of Nueva Italia Sunday. The vigilantes say they formed because the state and federal governments were not protecting their communities from the drug traffickers. Since the new year began, the vigilantes have taken over several other communities on the outskirts of Apatzingan, which is considered the Knights' stronghold. On Friday, masked men set fire to city hall there and burned and looted several local shops. The governor said he had asked for additional federal forces.

Second Singapore Drug Trafficker Escapes Death Sentence. Last week, the Singapore High Court resentenced a man to life imprisonment instead of death for a drug trafficking offense. The man, Subashkaran Pragasam, becomes the second person to escape the gallows since Singapore reformed its Misuse of Drugs Act in 2012 to allow judges to avoid a mandatory death sentence if the offender was low-level and cooperated with police.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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 -- January 9, 2014

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

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

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

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

Medical Marijuana

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

Asset Forfeiture

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

Drugs and Pregnancy

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

Search and Seizure

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

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

International

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

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

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

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

Alaska Marijuana Legalization Initiative Poised to Make Ballot

Alaska appears to be well-placed to become the third state to legalize marijuana after supporters of a proposed marijuana legalization initiative Wednesday handed in 50% more signatures than needed to qualify for the ballot. Some 30,000 valid voter signatures are required to qualify for the ballot; organizers handed in more than 46,000.

Initiative and referendum experts assume that a certain percentage of gathered signatures will be deemed invalid, with a common metric being that 25% to 30% will be thrown out. But even if 30% of the signatures gathered in Alaska were thrown out, that would still have the initiative qualifying by a couple of thousand votes.

Still, it's not official until it's official. State election officials have 60 days to verify the signatures. If it indeed qualifies, it will appear on the state's August 19 election ballot.

The initiative is sponsored by the local group Campaign to Regulate Marijuana, which is working with the national Marijuana Policy Project.

The Act to tax and regulate the production, sale and use of marijuana would allow adults to legally possess up to one ounce of marijuana and six plants (three flowering). Adults would be allowed to possess the harvest of their plants even in excess of one ounce as long as it remains on the premises where it was grown. The measure would also legalize the production, sale, and possession of paraphernalia.

The measure would allow for marijuana retail stores, cultivation facilities, infused product manufacturers, and testing facilities. It charges the Alcoholic Beverage Control Board with regulating marijuana commerce, but gives the legislature the authority to supersede it by creating a Marijuana Control Board. A $50 an ounce wholesale transfer tax would be imposed.

The measure does not change existing state laws banning public consumption, driving while impaired, or allowing employers to restrict marijuana use by workers.

It's an idea whose time has come, said proponents.

"It's not that the initiative would bring marijuana to Alaska," said Bill Parker, a former Department of Corrections deputy commissioner and one of the initiative's sponsors. "Marijuana is already in Alaska. It would legalize, regulate and tax it. It would treat it like alcohol," he told the Anchorage Daily News.

The possession of small amounts of marijuana in the privacy of one's home is already legal in Alaska under the state Supreme Court's interpretation of the state constitution's privacy provisions. But voters have been loath to go further. A broadly-written 2000 legalization initiative got 41% of the vote, and a less expansive 2004 initiative got 44% of the vote.

Times have changed, said Parker.

"I think Alaska and the country are coming to grips with the fact that what we have isn't working," he said.

Juneau, AK
United States

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