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Chronicle AM -- November 21, 2013

Movement toward legal marijuana commerce continues in Washington, movement toward dispensaries continues in Massachusetts, medical marijuana polls very well in Florida, and more. Let's get to it:

Coming soon to a Washington state retail store near you.
Marijuana Policy

Washington State Marijuana Business License Applications Pile Up. As of Wednesday morning, the state Department of Revenue had received 585 completed applications for marijuana business licenses in the two days since the process opened up Monday. They include 27 applications for processors, 134 for growers, 144 for retailers, and 280 for operations doing both growing and processing. The state foresees 334 marijuana retail outlets. The number of growers and processors remains to be seen, but regulators want to limit legal production to two million square feet statewide.

Medical Marijuana

Florida Poll: Crist 47%, Scott 40%, Medical Marijuana 82%. A new Quinnipiac poll has support for medical marijuana in Florida at 82%, the greatest support for medical marijuana ever polled there, and nearly as much as the support for the leading gubernatorial contenders combined. The poll comes as People United for Medical Marijuana is in the midst of a signature-gathering campaign to put an initiative on the 2014 ballot. The poll strongly suggests that if the initiative can make the ballot, it will win.

Last Day for Dispensary Proposals in Massachusetts. Today is the deadline for the 158 qualified applicants seeking to open medical marijuana dispensaries in the Bay State. They are vying to be one of the 35 dispensaries envisioned by state law. In the second phase of the selection process, applicants will now go before a committee that will score their applications on a number of factors, including ability to meet the health needs of patients, appropriateness of the location, geographic distribution, local support, and plans to ensure public safety.

New Mexico's Bernalillo County Bans County Employees from Using Medical Marijuana. Bernalillo County (Albuquerque), the state's most populous county, has banned the use of medical marijuana by county workers under a new policy issued November 12 by County Manager Tom Zdunek. Zdunek cited federal prohibition and county policy as reasons for the ban. "This is a backwards policy that will prevent people who are suffering from accessing the medicine that works for them," said Jessica Gelay, policy coordinator for Drug Policy Alliance in New Mexico. "It is unconscionable that the County Manager would unilaterally attempt to deny Bernalillo County employees the right to use a medicine recommended by their physician. Patients deserve above all else, the freedom to choose the safest and most effective treatment for their disabling conditions -- whatever that treatment might be. It is time to stop demonizing marijuana and creating a double standard for prescription medications."

Cannabis Oil for Kids Greeted Warmly at Utah Capitol. Parents seeking access to cannabis oils for their epileptic children got a warm reception at a pair of committee hearings at the statehouse Wednesday. This is only a first step; there is no bill pending, but the response from lawmakers was largely positive, especially if such "hemp supplements" contained only small amounts of THC. There are about 10,000 Utah kids suffering from "refractory seizures" from epilepsy, and 35 of them are on a Colorado waiting list for a cannabis extract called Alepsia.

Drug Testing

Minnesota Now Drug Testing Public Benefits Recipients with Drug Felonies. People with a previous drug felony who are receiving or seeking public benefits are now subject to random drug testing under a law passed by the legislature in 2012. Those programs are the Minnesota Family Investment Program, General Assistance Program, Minnesota Supplemental Aid and the Supplemental Nutrition Assistance Program, or food stamps. About 1% of state public benefits have felony drug records, similar to the proportion in the general population.

International

Myanmar Opium Eradication Campaign Falls Short. Opium eradicators in Myanmar's southern Shan State have fallen well short of wiping out the poppy crop. Police had planned to eradicate 30,000 acres of poppy in the past 30 days, but only actually destroyed about 4,600 acres, or 13% of the target. They blamed manpower shortages, poor road links, and a flawed crop substitution program for their failure to meet their targets. Myanmar is the world's second largest opium producer, but lags far behind Afghanistan, which produces about 90% of the illicit global supply.

Tanzania Scolded on Need for Drug Reform, Harm Reduction. The Tanzanian government needs to come up with a harm reduction strategy for drug users and reform its drug laws, Doctors of the World harm reduction specialist Damali Lucas told a Dar es Salaam press conference Monday. The country's 1995 drug law does not differentiate between someone holding a small amount of drugs and someone holding large amounts, she noted. She also called for a harm reduction policy to be implemented to address the spread of HIV and related illnesses.

Chronicle AM -- November 20, 2013

A Maryland gubernatorial candidate and a Maine legislator both call for marijuana legalization, politicians are in trouble for drugs, and marijuana law reforms appear to be advancing internationally, except in one Australian state. That's just for starters. Let's get to it:

Marijuana Policy

Maryland gubernatorial candidate Heather Mizeur wants to legalize marijuana. (wikipedia.org)
Maryland Gubernatorial Candidate Proposes Marijuana Legalization. Heather Mizeur, a Democratic candidate for Maryland governor, Tuesday released a plan to tax, regulate, and legalize marijuana. Under her proposal, marijuana taxes would generate $157 million a year and would go to pay for early childhood education. Click the link for more details.

Maine Legislator Unveils Marijuana Legalization Bill. State Rep. Diane Russell (D-Portland) Tuesday announced she was introducing a new bill to legalize marijuana. The bill, LR 2329, would legalize the possession of small amounts of pot by adults over 21 and impose a 10% sales tax and 15% excise tax on marijuana sales. Russell said the recent vote by Portland residents in favor of legalization sent a clear message to lawmakers.

California Marijuana Legalization Effort Extends Deadline for Input, Amendments. Backers of the Marijuana Control, Legalization and Revenue Act of 2014, the nation's first "open-sourced" legalization initiative, have extended their timeline for further comments on the measure. Backers are holding a series of meetings throughout the state before turning in final amendments to state officials in the first week of December. This initiative is sponsored by Americans for Policy Reform. Another measure, the California Cannabis Hemp Initiative, is already in the signature-gathering phase. Neither has the backing of deep-pocketed donors, who seem to be waiting for 2016 instead.

AMA Passes Resolution Against Marijuana Legalization. Delegates at the American Medical Association's 2013 Interim Meeting Tuesday passed a resolution opposing marijuana legalization. "Our AMA believes that (1) cannabis is a dangerous drug and as such is a public health concern; (2) sale and possession should not be legalized," the resolution says. Note, however, that there is some confusion over the "and possession" language. The draft document cited by the anti-legalization group Project SAM, which touted the resolution's passage in a press release, appears to have the words "and possession" struck through, suggesting that they had been deleted from the resolution and that the AMA might support decriminalization. Project SAM was unable to provide clarification Wednesday, but promised to get back to the Chronicle.

Sentencing Reform

Washington State Defelonization Bill to be Rolled Out Tomorrow. The activist group Sensible Washington is holding a press conference Thursday to formally introduce a legislative proposal to defelonize the possession of personal use amounts of illegal drugs. Speakers will include bill sponsors Representatives Sherry Appleton (23rd Disrict), Joe Fitzgibbon (34th District), Jessyn Farrell (46th District), Luis Moscoso (1st District) and Jim Moeller (49th District), as well as former corrections official and speaker for Law Enforcement Against Prohibition (LEAP), Matt McCally.

Politicians in Drug Trouble

Congressman Busted for Cocaine Possession. US Rep. Trey Radel (R-FL), the congressman arrested last month for cocaine possession, pleaded guilty today and was sentenced to a year of supervised probation. [Ed: An article on ThinkProgress.org suggests Radel may have decent views on drug policy, but there isn't really enough information to know for sure. An update to the article pointed out that he voted for legislation that would allow states to subject food stamp recipients to drug tests. However, that vote actually was for a larger piece of recurring legislation, the Farm Bill, of which the drug testing provision was a small part. The drug testing provision was passed as an amendment sponsored by another Republican legislator, on a voice vote, meaning there is no record as to what Radel's position was on it, or if he had one. -DB]

Toronto's Crack-Smoking Mayor is Foe of Drug Reform, Harm Reduction. Embattled Toronto Mayor Rob Ford, who has belatedly admitted to smoking crack "in a drunken stupor," is a long-time foe of both drug law reform and harm reduction. Ford has consistently supported the criminalization of drug users and scoffed at programs such as clean needles for drug users as "absolutely ridiculous." He's always appealed to law-and-order voters and praises gang and drug sweeps aimed at poor, marginalized groups. He was a loud and vocal opponent of the 2005 Toronto Drug Strategy, which included a proposal that the city support federal marijuana decriminalization. This after he was caught six years earlier with a joint in his pocket when he was busted for drunk driving in Miami. Whether Ford's recent misadventures will prompt (force?) him to change his attitudes remains to be seen. [Ed: Whether it will ever matter again what Ford's views are also remains to be seen.]

International

Dutch Liberals to File Bill for Regulated Marijuana Production. Holland's D66 Liberal party, the second most popular in the country, is drawing up legislation to regulate marijuana cultivation. The measure would address the country's "back door problem," where cannabis cafes are allowed to sell small amounts of marijuana, but cannot legally acquire it. The move comes as pressure is mounting on the conservative coalition government to resolve the issue. Two-thirds of the country's largest municipalities support such a move. The Justice Minister, who opposes legalizing cultivation, has said he will update parliament on the situation by year's end.

Pot Legalization in US Driving Down BC Bud Prices. Marijuana activists in British Columbia say the marijuana legalization votes in Colorado and especially Washington are driving down the prices of the province's trademark BC Bud. Dana Larsen, who runs a Vancouver dispensary and is trying to push a referendum to decriminalize in the province, said his prices had dropped 20%, while Jodie Emery, wife of imprisoned "Prince of Pot" Marc Emery, said pound prices had dropped from $2,000 to $1,000.

Marijuana Decriminalization Clamor Grows in Bermuda. The Bermudan government has already signaled it is willing to discuss the decriminalization of small amounts of marijuana, and now the opposition is making similar noises. The government said in its Throne Speech that it is working on the possibility of decriminalization, and the opposition People's Labor Party Shadow Finance Minister David Burt has replied, saying his party wants the removal of criminal penalties for possession of small amounts, options for the medical use of marijuana on the island, and the regulation of the sale and use of the drug.

South Australia Ready to March Resolutely Backward on Pot Policy. Parliamentarians in South Australia are preparing to amend the state's marijuana laws for the worse. The changes would reduce the amount of marijuana punishable only by a fine from 100 grams to 25 grams, and carrying more than 25 grams would be a criminal offense. The measure would also double the fine, from $150 to $300. There are also plans afoot to increase the penalties for marijuana cultivation.

Medical Marijuana Update

Budweiser sponsors a medical marijuana campaign event in Arkansas, California localities continue to grapple with regulating the business, and there is action afoot in Utah. And that's not all. Let's get to it:

Arkansas

Last Saturday, medical marijuana advocates kicked off a fundraising campaign to put an initiative on the 2014 ballot. Arkansans for Compassionate Care (ACC) is being joined by the national advocacy group Americans for Safe Access to push for the Arkansas Medical Cannabis Act. The campaign began with an all-day concert in El Dorado sponsored by Budweiser (!).

California

Last Wednesday, the Lodi city council extended its ban on growing medical marijuana. The council approved the moratorium last year after a woman complained about the odor from her neighbor's plants. Now, the council has extended the ban for another year. That will give the city time to study how best to deal with the issue, officials said. The ban cannot be extended again.

Last Friday, a Mendocino County judge granted a motion to suppress the evidence in a case where the driver's admission that he was a medical marijuana patient and had marijuana with him resulted in the search of his vehicle. The officer had no reason to believe the search would turn up evidence of a crime, so proper grounds hadn't been established for the search, the judge ruled. "This Court is not suggesting that the presentation of the 215 card was a means of immunization from the search," the judge wrote. "But, the totality of the circumstances included a voluntary statement coupled with the county issued card AND a complete absence of odor or impaired driving, or evidence of a larger amount of marijuana in the car." The ruling could become precedent for similar decisions statewide, since it is the first of its kind.

Also last Friday, a second former Vallejo dispensary operator sued the city for raiding his medical marijuana business. Matt Shotwell, the founder of Greenwell, Inc., alleges that the city violated his civil rights by targeting his dispensary for raids and closure because of his outspoken advocacy for medical marijuana. Another Vallejo dispensary, Homegrown Holistic Collective, Inc., sued the city on similar grounds last month. They are two of six dispensaries Vallejo police raided last year -- after voters approved a dispensary tax. All of those cases have fallen apart.

On Tuesday, the Alameda County board of supervisors adopted a resolution supporting marijuana legalization for both medical and recreational purposes and asking the Obama administration to "end federal interference" in states where it is legal. The resolution "respectfully requests that Obama begin a discussion about the potential benefits of reforming federal marijuana use in all forms, including medicinal and recreational uses," citing states such as Colorado and Washington that have approved recreational use of the drug.

Also on Tuesday, Butte County supervisors tightened the county's grow ordinance, but not as much as had been previously recommended. On a 4-1 vote, the board approved an amendment to the existing marijuana cultivation ordinance that would require growers to live in a legal residence on the land where their garden is located. The house must also have permitted water and a septic system. The change would also hike the civil penalties for violations of he code to $500 a day for the first offense and to $1,000 a day for the second offense. Proposals to halve the number of plants allowed and to make it easier for distant neighbors to complain were dropped.

Also on Tuesday, Humboldt County supervisors voted to extend the ban on new dispensaries in unincorporated areas of the county. The ban will remain until a new ordinance is drafted and approved.

Michigan

Last Tuesday, a medical marijuana bill won a Senate committee vote. The bill, which would allow "pharmaceutical grade" marijuana to be sold in pharmacies passed out of the Government Operations Committee on a 3-0 vote. Even if passed, the bill would require that marijuana be rescheduled under the federal Controlled Substances Act.

Nevada

Last Thursday, Carson City supervisors approved a six-month moratorium on dispensaries. The state legislature approved a dispensary bill earlier this year, but officials said they wanted the moratorium in place until state regulations are completed.

Utah

On Tuesday, three prominent Utah doctors came out in support of cannabis oil for kids with epilepsy. The low-THC, high-CBD oils "should be available as soon as possible to Utah children with severe epilepsy. The substance is not psychoactive or hallucinogenic, it contains less THC than do other materials that can be legally purchased in Utah, and it has absolutely no abuse potential," declared Francis Filloux, chief of the University of Utah Division of Pediatric Neurology, in a letter shared with Utah's Controlled Substances Advisory Committee. Two other university-affiliated doctors also signed the letter.

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

Chronicle AM -- November 12, 2013

Marijuana and medical marijuana activism continues, a prescription drug monitoring bill moves in Pennsylvania, a West Virginia official jumps to conclusions on drug testing results, and Israelis are switching from hash to buds. Let's get to it:

Marijuana Policy

Missouri Statewide Conference on Marijuana Law Reform This Saturday. Show-Me Cannabis and Missouri NORML will be hosting a statewide conference in downtown Kansas City, on Saturday, November 16th. The one-day conference will include speakers presenting on local and national efforts to create more just and sensible marijuana policies, including a possible Missouri ballot initiative in 2014 or 2016. There is a nominal entry fee; see the link for more details.

Medical Marijuana

Duluth Medical Marijuana Forum Draws Big Crowd. More than 200 people showed up for a public forum on medical marijuana at the University of Minnesota-Duluth Monday night. The forum focused on a medical marijuana bill introduced this spring by Rep. Carly Melin (DFL-Hibbing). That bill is not expected to pass this year, but activists are laying the groundwork for next year.

Drug Testing

West Virginia Work Training Drug Test Program Finds Few Dopers. In July 2012, Gov. Earl Ray Tomblin (D) issued an executive order requiring participants in the state's federally-funded job training program to pass drug tests. In the past 15 months, 1750 people were tested, but only 20 failed the screening. State Commerce Secretary Keith Burdette, hailed the results as a success, claiming "Folks that can't pass a drug test don't try." Nice spin, but he hasn't been able to back it up with any numbers about people applying for the program, then walking out after being informed of the drug test.

Prescription Drugs

Pennsylvania Prescription Drug Monitoring Bill Passes House. A bill to create a statewide prescription drug monitoring system to track the use of commonly abused prescription medications has passed the Pennsylvania House. The legislation aims to replace the attorney general's existing database, which tracks a more narrow category of prescription drugs and does not make any information collected accessible to doctors and pharmacists.The new database would include federal schedule II through V drugs, and aims to aid doctors, pharmacists and law enforcement uncover so-called "doctor shopping." [Ed: But will it end up keeping medicine away from more pain patients, absent other reforms? - DB]

International

Israelis Switch from Hash to Weed. The balloon effect is always at work. Because of security fears, Israel fenced itself off from the West Bank and increased vigilance on the borders. As a result, hash from neighboring countries has become more difficult to smuggle into Israel, and as a result of that, Israelis are now growing their own marijuana and smoking buds instead of hash, according to this Business Week report.

Chronicle AM -- November 7, 2013

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

Marijuana Policy

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

Medical Marijuana

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

Sentencing Reform

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

International

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

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

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

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

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

New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

(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--November 6, 2013

Voters in Colorado and Michigan approve marijuana measures (and so do voters in Portland, Maine--see our news brief this issue), another New Mexico anal drug search victim emerges and the Mexican military moves into Lazaro Cardenas. Let's get to it:

Marijuana

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Search and Seizure

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog—Leo the K-9—alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

International

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

Portland, Maine, Legalizes Marijuana Possession

Voters in Portland, Maine, have chosen overwhelmingly to approve a ballot measure that eliminates all legal penalties for the possession of up to 2.5 ounces of marijuana by people 21 and over. With 80% of the precincts reporting late Tuesday evening, the measure was passing with a hefty 70% of the vote.

Portland is Maine's largest city. It now becomes the first city on the East Coast to legalize the possession of small amounts of marijuana. The victory in Portland will boost efforts to legalize marijuana statewide, either through the state legislature or via an initiative in 2016.

Portland voters approved Question 1, which, in addition to legalizing small amounts for adults, allows for legal use and for legal possession of pot paraphernalia. The measure bans use in public and allows landlords to bar indoor use by posting non-smoking signs on building entrances.

The measure also puts the city of Portland on record as "supporting taxation and regulation of marijuana by the state of Maine and the federal government."

Denver and Detroit, as well as other Michigan cities, have passed similar measures. Three more Michigan cities were also voting today on personal marijuana legalization measures. 

Portland, ME
United States

Marijuana Policy on the Ballot (Last) Tuesday

[Ed: This piece was written before Election Day. See other articles this issue for the results.]

State and local elections Tuesday will see voters in Colorado, three Michigan cities, and Portland, Maine, deciding on marijuana policy reform questions. In Colorado, voters will decide whether to approve taxation of the legal marijuana industry, while in Michigan and Portland, voters will decide on decriminalization and legalization, respectively.

In Colorado, Proposition AA would impose a 15% excise tax on wholesale recreational marijuana transactions, as well as an additional 10% sales tax at the retail level. The measure is expected to pass despite the opposition of some vocal segments of the state's marijuana community.

In Lansing, Jackson, and Ferndale, Michigan, voters will be asked to amend city charters to ensure "that nothing in the Code of Ordinances shall apply to the use, possession, and transfer of less than one ounce of marijuana, on private property, by a person who has attained 21 years," as the Lansing language puts it.

"It's important to send a message and to take a position as a capital city," said Jeffrey Hank, a Lansing attorney who has pushed to decriminalize marijuana in Lansing. "We're the last of the major Michigan cities to have (marijuana decriminalization) reform."

Decriminalization (or personal legalization) has already passed in Ann Arbor, Detroit, Flint, Grand Rapids, Kalamazoo and Ypsilanti.

In Portland, voters in Maine's largest city will decide whether to approve Question 1, which would allow adults 21 and over to possess up to 2 ½ ounces without penalty. The question also includes a resolution of support for taxing and regulating marijuana at the state and federal level.

While the Maine and Michigan local initiatives are likely to be ignored by state and local law enforcement, they will still have the symbolic value of putting voters on record as supporting marijuana law reform. If they pass, that is.

Chronicle AM -- November 4, 2013

Remember Bernie Goetz? He made the news again over the weekend, and so did Florida's medical marijuana initiative. There's also drug policy news from around the world. Let's get to it

Colorado medical marijuana dispensaries like this one could reopen as adult pot stores on January 1. (wikipedia.org)
Marijuana

Let A Hundred Pot Shops Bloom…in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I’ve seen the research, I’ve studied the issue, and I’ve met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I’m signing the petition to get this important measure on the ballot in 2014 and I’m calling on all of my friends and supporters to do the same.  There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

International

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST. 

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shoot-outs between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

(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.)

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