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Chronicle AM: Sessions Meets With Anti-Marijuana Activists, MA Considers Cannabis Clubs, More... (12/8/17)

The attorney general hunkers down with marijuana foes, the federal ban on going after medical marijuana where it's legal gets a reprieve, Hawaii cops back away from their plan to seize patients' guns, and more.

Trying to fight multiple drug wars is keeping Jeff Sessions a busy man these days. (senate.gov)
Marijuana Policy

Sessions Meets With Anti-Marijuana Activists. US Attorney General Jeff Sessions met Friday with marijuana legalization foes to discuss marijuana and drug policy. Sessions declared that "this is not a healthy substance" and that "the public is not properly educated on some of the issues related to marijuana. At the meeting were Project SAM head Kevin Sabet, former drug czar's office staffer Dr. Bertha Madras, Drug Free Schools Coalition head David Evans, former NIDA head Robert DuPont, and, just for old times' sake, Reagan era Attorney General Ed Meese.

Massachusetts Lawmakers Consider Cannabis Clubs. A Cannabis Advisory Board subcommittee is calling for the creation of businesses that would allow the purchase and smoking of marijuana. The move would help out of state tourists, as well as residents who don't want to smoke pot at home, supporters said.

Medical Marijuana

Federal Medical Marijuana Protection Gets Two-Week Reprieve. The passage of a stop-gap spending bill Thursday means the Rohrabacher-Blumenauer amendment ban on spending federal funds to go after medical marijuana in states where it is legal remains in force for at least another two weeks. That's good as far as it goes, but it doesn't go nearly far enough, said Rep. Earl Blumenauer (D-OR) in a statement: "While we are pleased that these critical protections will continue, two weeks is not enough certainty for the millions of Americans who rely on medical marijuana for treatment and the businesses who serve them," Blumenauer said. "As Congress works out a long-term funding bill, it must also include these protections. And ultimately, Congress must act to put an end to the cycle of uncertainty and permanently protect state medical marijuana programs -- and adult use -- from federal interference."

Honolulu Police Chief Admits Department Erred in Trying to Take Guns from Patients. Chief Susan Ballard acknowledged to the Honolulu Police Commission Wednesday that the department's abortive move to make medical marijuana patients turn in their firearms "was incorrect." She said the department will return two guns to people who turned them in voluntarily, but she also said the department will continue to deny new gun permits to cardholders.

Nevada High Court OKs State's Medical-Marijuana Registry. The state Supreme Court ruled unanimously on Thursday that the state's medical marijuana registry does not violate constitutional provisions of due process, equal protection, and the right against self-incrimination. "We conclude Nevada's medical marijuana registry does not impinge upon a fundamental right," said the opinion written by Justice Ron Parraguirre. "We further conclude the registry is rationally related to the legitimate state interest of protecting the health, safety and welfare of the public."

Foreign Policy

US, Colombia Vow to Battle Record Surge in Coca Production. At a meeting in Cartagena, Colombia, on Thursday, Attorney General Jeff Sessions and his Colombian counterpart, chief prosecutor Nestor Martinez, vowed to redouble efforts to suppress coca planting and the cocaine trade. "We're gonna make progress," Sessions vowed. Colombia is seeing coca cultivation grow dramatically in the wake of a peace treaty between the government and leftist rebels of the FARC.

Chronicle AM: San Francisco, LA Pass Legal Weed Rules, Sales Begin Next Month, More... (12/7/17)

California's big cities clear the way for legal weed sales, California's small marijuana farmers worry about big grower competition, Delaware cops want pot people's guns, and more.

Marijuana Policy

California NORML Recommends Priority Licensing for Small-Scale & Outdoors Cultivators. The marijuana activist group is calling on state regulators to create a licensing priority scheme that would favor small outdoor grows of up to an acre over both indoor mixed lighting and indoor high-intensity lighting operations and leave large-scale operations out of consideration. The group fears that emergency licensing regulations as written could "open the door to large-scale, industrial mega-grows that could monopolize California's limited available acreage, exacerbate environmental harm, and stifle participation by smaller growers."

Los Angeles City Council Approves Legal Marijuana Rules, Sales Set for January 1. The city council agreed Wednesday to a package of regulations for legal marijuana commerce, clearing the way for legal sales to begin on January 1. The approved rules include a "social equity" program aimed at prioritizing communities that have historically been affected by the war on drugs. Under that program, cannabusiness operators that meet "social equity" criteria would be moved to the head of the line for license applications.

San Francisco Mayor Approves Legal Marijuana Rules, Sales Set for January 6. Mayor Ed Lee Wednesday signed into law legislation setting rules for legal marijuana commerce in the city. But because the city has been slow in reaching agreement on the pot rules, it won't quite be ready on January 1. Instead, city officials are looking at January 6 as the legal sales date.

Delaware Police Look at Gun Ban for Marijuana Users. Law enforcement officials Wednesday told a task force studying legalization that marijuana users should be forced to have an endorsement on their drivers' licenses indicating they use marijuana to help ensure that they cannot own guns. "It would make sure that we are doing everything we can to ensure that prohibited people are not buying firearms in Delaware," he explained after the meeting.

Indiana Prosecutors Formally Oppose Marijuana Legalization. The Association of Indiana Prosecuting Attorneys, Inc. formally opposed the legalization of marijuana in any form for any reason at a news conference in Indianapolis Wednesday. Also on hand were the Boone County Sheriff's Department, the Indiana Chamber of Commerce, and the anti-legalization group Smart Approaches to Marijuana (SAM).

Heroin and Prescription Opioids

Senator Manchin Calls on FDA to Adopt Changes in Opioid Fight. Sen. Joe Manchin (D-WV) has sent a letter to Food and Drug Administration Commissioner Dr. Scott Gottlieb calling for three major changes in opioid policy. Manchin wants mandatory and continuing education for healthcare providers, a review of every opioid on the market, and for the FDA to remove one opioid from the market for each new one it approves.

International

Dutch Justice Officials Accused of Interfering With Marijuana Research to Advance Their Political Agenda. Senior justice ministry officials are accused of interfering with research on marijuana tourism. According to a whistleblower, researchers concluded that a policy of repression and banning sales to foreigners was not needed because there was very little actual nuisance from drug tourism in many places. But ministry officials didn't like those conclusions, so they deleted research questions and removed an entire chapter with conclusions and recommendations on a better policy. This took place under then Justice Minister Ivo Opstelten. Current Justice Minister Ferdinand Grapperhaus said Thursday he had commissioned an external inquiry in the matter.

This Week's Corrupt Cops Stories

An NYPD counterterrorism officer gets caught trying to smuggle smack, a Virginia cop gets nailed for downloading dirty photos from a drug suspect's phone, a Homeland Security officer heads to prison after getting caught taking bribes from a Cali cartel capo, and more.

In New York City, an NYPD counterterrorism officer was arrested last Thursday on charges he tried to bring three kilos of heroin into the city from New Jersey. Officer Reynaldo Lopez went down after meeting with an undercover officer to bring in what he thought was heroin to the Bronx. He is charged with attempted narcotics trafficking, as well as access device fraud for an unrelated counterfeit credit card operation.

In Colonial Heights, Virginia, a former Colonial Heights police officer was arrested last Friday for pilfering explicit photos from the phone of a drug suspect. Bryan Glinn Drake, 30, went down after the man who owned the phone noticed activity on his iCloud account while police had his phone and he was incarcerated. He went to the police about it, and investigators found that Drake had downloaded explicit photos of a woman from the phone. Drake now faces three counts each of misdemeanor embezzlement and obstruction of justice.

In Terre Haute, Indiana, a federal prison guard was arrested Monday on charges he took bribes, including prescription pills, to allow inmates to leave the prison grounds, have sex on the grounds with unauthorized visitors, and brought contraband into the prison. Leon Perry III, 41, is charged with conspiracy for an officer to permit escape, conspiracy to bribe public officials, officer permitting escape, public official accepting a bribe and providing contraband in a prison.

In Miami, a former Homeland Security Investigations agent pleaded guilty last Thursday to accepting cash, prostitutes, restaurant meals, and a hotel room from a Colombian drug lord in return for making his name vanish from a federal cocaine trafficking indictment. Christopher Ciccione, 52, helped Cali cartel boss Jose Bayron Piedrahita escape an indictment by deploying a web of lies to convince prosecutors to dismiss Piedrahita from a massive indictment for cocaine trafficking. Ciccione copped to conspiring to commit fraud and obstruction of justice. Under the terms of the plea agreement, he's looking at five years in prison when sentenced in February.

In Toms River, New Jersey, an Ocean County sheriff's officer was sentenced last Thursday to three years in prison for stealing cocaine that was supposed to be used to train drug-sniffing dogs. John C. Adams, a 16-year veteran, had been the commander of the canine unit when he was charged with stealing more than a kilo of cocaine and using it himself. In a plea bargain, he copped to one count of official misconduct and one count of theft.

Medical Marijuana Update

The US surgeon general has something to say about medical marijuana, Maryland sees its first medical marijuana sales, and more.

National

Last Friday, the surgeon general said marijuana should be treated like other drugs. Surgeon General Jerome Adams said that marijuana should be treated and studied like other pain relief drugs, but that he was opposed to recreational legalization. "Under medical marijuana, I believe it should be like any other drug," he said. "We need to let the FDA vet it, study it, vet it. The FDA has actually approved cannabidiol oil and some derivatives of marijuana, Marijuana is not one substance. It's actually over 100 different substances, some of which benefit, some of which are harmful."

Arkansas

Last Friday, state regulators set the timeline for licenses. The Arkansas Medical Marijuana Commission announced that medical marijuana cultivation licenses would be issued in about three months, and dispensary licenses would be issued three months after that. The date for announcing cultivation licenses is February 27; a firm date for dispensary licenses isn't set yet. The commission anticipates medical marijuana on dispensary shelves by the middle of next year.

Maryland

Last Friday, medical marijuana sales began. The first legal medical marijuana sale in the state took place last Friday, after years of delays. A handful of dispensaries have received shipments of medical marijuana, while others said they expected to come online soon. The state's first legal pot crop was grown this fall.

Michigan

On Tuesday, regulators released medical marijuana business regulations. The state Department of Licensing and Regulatory Affairs has released emergency rules governing medical marijuana facilities with just two weeks to go before the Bureau of Medical Marijuana Regulation begins taking applications. "The emergency administrative rules are designed to preserve patient protections and provide them with access to safe medical marihuana," said Bureau of Medical Marihuana Regulation Director Andrew Brisbo. "These rules also allow growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements."

Montana

Last Thursday, patients and providers criticized proposed new rules. In a hearing at the Department of Public Health and Human Services, patients and providers complained that proposed regulations would place significant cost and time burdens on them. Among provisions criticized were high licensing fees and requirements for extensive product-safety testing.

Ohio

Last Wednesday, the state licensed another dozen large medical marijuana grow ops. State regulators licensed a final 12 medical marijuana cultivators. They licensed another dozen cultivators earlier this year. Each of the large growers can grow up to 25,000 square feet. They now have nine months to get up and running, with sales set to begin in September.

Last Thursday, a licensing loser sued the state. One day after the state announced its choices for a second batch of commercial cultivation licenses for medical marijuana, one of the losers in the process has filed a lawsuit challenging the scoring process for applications. The state law allowing medical marijuana sets a September 8, 2018 deadline for sales to begin, the timetable is already tight, and any further delays could put that date in doubt.

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

Chronicle AM: North American Pot Sales to Top $10 Billion This Year, Report Says, More... (12/6/17)

There's more money in legal weed than even the analysts thought, BC will let 19-year-olds buy pot, Peruvian coca planting was up last year, and more.

A $10 billion year for legal marijuana, and this is just the beginning. (Creative Commons)
Marijuana Policy

Retail Pot Sales Will Hit $10 Billion This Year, Report Says. A new report from the Arcview Market Research group says North American marijuana sales are growing faster than expected and should hit the $10 billion mark this year. And next year could see even faster growth with both California and Canada set to become legal marketplaces next year. Arcview said it now expects the legal marijuana market to hit $24.5 billion by 2021.

International

British Columbia Lays Out Pot Rules, Will Allow Sales to 19-Year-Olds. BC became the latest Canadian province to roll out proposed rules for looming legal marijuana, announcing that it will allow sales through a mix of government and private stores and that it will allow people 19 and over to possess and purchase marijuana. The province has not yet finalized other issues, such as whether online sales will be allowed and whether existing shops would be able to apply for licenses. Those decisions are expected next month.

Paraguay Congress Approves Medical Marijuana Planting. The congress passed a bill Tuesday that creates a state-sponsored system to import marijuana seeds and grow crops for medicinal uses. The move comes half a year after the congress approved the importation of cannabis oil, but patients and advocates had complained about problems with access. The bill still needs to be signed into law, but that is expected given that the government supports the bill.

Peruvian Coca Planting Jumped Last Year. The area planted with coca grew by 9% in 2016, the UN Office on Drugs and Crime said Tuesday. Coca cultivation covered about 110,000 acres. Coca cultivation in Colombia, Peru's chief competitor, was at more than 360,000 acres, although that could be a blip related to producer incentives linked to the peace agreement between the FARC and the government.

Philippines President Orders National Police Back to Drug War Operations. President Rodrigo Duterte has ordered the National Police to rejoin anti-drug operations. He had pulled them off the brutal crackdown on drug users and sellers in October, weeks before he hosted a summit of world leaders, including US President Donald Trump. This is the second time Duterte has pulled the National Police from the job and then reinstated them; the first time was in January, amidst public outrage over the killing of a South Korean businessman. 

Chronicle AM: OR Magic Mushroom Init Coming in 2020, MI MedMJ Rules Set, More... (12/5/17)

A proposed Oregon initiative would legalize psilocbyin for medicinal use, Michigan regulators release emergency medical marijuana rules in the nick of time, Wisconsin takes another step toward drug testing welfare and job training participants, and more.

A proposed Oregon initiative would legalize psilocybin for medical use. (Creative Commons)
Medical Marijuana

Michigan Releases Medical Marijuana Business Rules. The state Department of Licensing and Regulatory Affairs has released emergency rules governing medical marijuana facilities with just two weeks to go before the Bureau of Medical Marijuana Regulation begins taking applications. "The emergency administrative rules are designed to preserve patient protections and provide them with access to safe medical marihuana," said Bureau of Medical Marihuana Regulation Director Andrew Brisbo. "These rules also allow growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements."

Psychedelics

Oregon 2020 Initiative Would Legalize Psilocybin Mushrooms. A husband and wife team calling themselves the Oregon Psilocybin Society are working on putting a psilocybin legalization initiative on the state's 2020 ballot. The measure doesn't call for legal recreational use, but would create a highly regulated system to allow use for medical purposes. Next door in California, a similar initiative aimed at 2018 would legalize magic mushrooms.

Drug Testing

Wisconsin Governor Approves Plan to Drug Test Welfare, Job Training Participants. Gov. Scott Walker (R) has approved a plan to implement drug screening for able-bodied adults participating in the FoodShare Employment and Training (FSET) program, sending the rule change measure to the State Legislature for review. The rule is part of the policy amendments included in 2015 Wisconsin Act 55. The legislature now has 120 days to review the measure. Once approved by the legislature, it will become effective the first day of the following month.

International

Leading Mexican Presidential Candidate Suggests Amnesty for Drug Cartel Kingpins. Leading presidential contender Andres Manuel Lopez Obrador has caused controversy by suggesting that he is open to amnesty for drug cartel leaders as part of a dialog aimed at ending that violence that has seen an estimated 200,000 people killed in the last decade. "If it is necessary… we will talk about granting amnesty so long as the victims and their families are willing," he said. "We'll propose it. I'm analyzing it. What I can say is that we will leave no issue without discussion if it has to do with peace and tranquility." Lopez Obrador currently has a more than 10-point lead in presidential polls, and his foes in the political and business classes are trying to use the remarks against him.

Chronicle AM: MD Sees First MedMJ Sale, PA Pays for False Drugged Driving Arrest, More... (12/4/17)

Lots of medical marijuana news today, plus Pennsylvania has to pay out for a bogus drugged driving arrest that saw a man jailed for five months, and more.

Medical marijuana sales started last Friday in Maryland. (Creative Commons)
US Surgeon General Says Medical Marijuana Should Be Treated Like Other Drugs. Surgeon General Jerome Adams said last Friday that marijuana should be treated and studied like other pain relief drugs, but that he was opposed to recreational legalization. "Under medical marijuana, I believe it should be like any other drug," he said. "We need to let the FDA vet it, study it, vet it. The FDA has actually approved cannabidiol oil and some derivatives of marijuana, Marijuana is not one substance. It's actually over 100 different substances, some of which benefit, some of which are harmful."

Arkansas Regulators Set Timeline. The Arkansas Medical Marijuana Commission announced last Friday that medical marijuana cultivation licenses would be issued in about three months, and dispensary licenses would be issued three months after that. The date for announcing cultivation licenses is February 27; a firm date for dispensary licenses isn't set yet. The commission anticipates medical marijuana on dispensary shelves by the middle of next year.

Maryland Medical Marijuana Sales Begin. The first legal medical marijuana sale in the state took place last Friday, after years of delays. A handful of dispensaries have received shipments of medical marijuana, while others said they expected to come online soon. The state's first legal pot crop was grown this fall.

Montana Medical Marijuana Providers, Patients Oppose New Regulations. At a hearing last Thursday at the Department of Public Health and Human Services, patients and providers complained that proposed regulations would place significant cost and time burdens on them. Among provisions criticized were high licensing fees and requirements for extensive product-safety testing.

Ohio Gets Sued Over Commercial Grower Application Process. One day after the state announced its choices for a second batch of commercial cultivation licenses for medical marijuana, one of the losers in the process has filed a lawsuit challenging the scoring process for applications. The state law allowing medical marijuana sets a September 8, 2018 deadline for sales to begin, the timetable is already tight, and any further delays could put that date in doubt.

Hemp

Wisconsin Governor Signs Hemp Bill. Gov. Scott Walker (R) last Thursday signed into law a bill that allows farmers in the state to grow hemp. Under the bill, hemp plants can't contain more than 0.3% THC, and no one with a drug conviction can be a hemp farmer.

Law Enforcement

Pennsylvania Pays $150,000 for Falsely Jailing Man as Suspected Drugged Driver. The State Police will pay $150,000 to a New York Hispanic man who was jailed for five months even though he passed Breathalyzer and field sobriety tests and subsequent blood testing showed no presence of alcohol or illegal drugs. Wilfredo Ramos sued for false imprisonment and false arrest. He lost his car, his job, and his apartment while sitting in the Lehigh County Jail for months even after test results came back.

International

Australia Federal Government Gives Up on Welfare Drug Testing Scheme. Federal Social Services Minister Christian Porter confirmed Monday that he was removing drug testing of welfare recipients from the government's welfare reform bill in the face of stiff opposition from experts and elected officials. Porter said he didn't want to sacrifice the entire welfare piece to controversy over the drug testing provision.

Swedish High Court Rejects Medical Necessity Defense for Growing Marijuana Plant. The Supreme Court has ruled against a man who grew marijuana to treat neuropathic pain from a motorcycle accident, as well as for anxiety and depression. The man had been acquitted of cultivation charges in August by a lower court, but an appellate court reinstated the conviction, and now the Supreme Court has echoed that decision. The court did suggest that the parliament could amend laws to allow for medical marijuana, and it went relatively lightly on the patient, fining him $616 and giving him no jail time.

Chronicle AM: MA Drops 6,000 More Tainted Drug Cases, German MJ Petition Scores, More... (12/1/17)

Washington state ponders allowing home marijuana cultivation, Michigan legalizers are drawing organized opposition, Ohio's medical marijuana program takes another step forward, and more.

The Michigan legalization initiative is getting organized opposition, including from medical marijuana interests.
Marijuana Policy

Michigan Legalization Initiative Drawing Organized Opposition. At least two groups are gearing up to fight the legalization initiative that now looks very likely to qualify for the November 2018 ballot. One group, Healthy and Productive Michigan, is led by a Republican-connected political consultant and claims to represent business, faith, and law enforcement groups opposed to legalization. The other group, the Committee to Keep Pot Out of Neighborhoods, appears to have a purely pecuniary interest: It is funded by the Michigan Responsibility Council, a group of businessmen who want to get into the medical marijuana business.

New Jersey Lawmaker Files Bill to Require Blood Samples of Suspected DUID Drivers. Assemblyman Anthony Bucco (R-Morris) has filed a bill that would require police officers to take blood samples from anyone arrested for drug-impaired driving. "This bill will be a useful tool for law enforcement in their efforts to prosecute and convict people who refuse to be tested and who are likely driving while impaired," Bucco said in a statement. "Driving under the influence of marijuana should be treated no differently than driving under the influence of alcohol." The move comes as a push for legalization is about to get underway in the legislature.

Washington State Regulators Release Report on Home Grow Issues. The state Liquor and Cannabis Board released a report Wednesday on the potential costs and challenges associated with allowing personal marijuana cultivation. Washington is the only legal marijuana state that does not allow for home cultivation. The report doesn't make any recommendations, but includes a list of concerns lawmakers will need to address if they do try to change the law.

Medical Marijuana

Ohio Licenses Another Dozen Large Medical Marijuana Grow Ops. State regulators licensed a final 12 medical marijuana cultivators Wednesday. They licensed a first dozen cultivators earlier this year. Each of the large growers can grow up to 25,000 square feet. They now have nine months to get up and running, with sales set to begin in September.

Heroin and Prescription Opioids

West Virginia Seeks Public Input on Opioid Policy. The state Department of Health and Human Resources Office of Drug Control Policy announced Thursday it had developed a plan to combat the opioid epidemic, but it is asking state residents to help develop the plan through public comment and recommendations through December 15. The office is also coordinating with a panel of public health experts from West Virginia University, Marshall University and Johns Hopkins University.

Law Enforcement

Massachusetts Prosecutors Drop Another 6,000 Tainted Drug Cases. Local prosecutors have dropped more than 6,000 drug cases tainted by former state public chemist Sonja Frank. The move comes months after prosecutors dropped another 21,000 cases tainted by another state public chemist, Annie Dookhan.

International

German Activist Petitions Will Force Bundestag Debate on Marijuana Legalization. A petition from the German Hemp Association has reached the required threshold of 50,000 signatures to trigger a debate in the Bundestag. That doesn't mean the Bundestag will legalize marijuana, but it does mean it will have to put the issue on its agenda.

. Scottish Parliamentarians Call for New Approaches to Stop Overdoses. Members of parliament from all five Scottish parties united to call on Scotland's Futures Forum, parliament's independent think tank, to come up with fresh policy solutions to stem a rising overdose toll. "Drugs and drugs policy is one of the biggest issues facing communities across Scotland," said Labor MP Neil Findlay. "None of the signatories to this letter has the answer but we are willing to say that whatever we are doing at the moment just isn't working."

Chronicle AM: Move to Save Farr-Rohracher, Canada Pot Jitters, More... (11/30/17)

Canadians are getting a bit nervous as marijuana legalization looms, members of Congress make a move to ensure that protection for medical marijuana states remains, Honolulu cops decide to review their no guns for patients policy after it gets some attention, and more.

Medical marijuana is at issue in Congress. (Wikimedia)
Medical Marijuana

Congressmembers Seek Extension of Protection for Medical Marijuana States. Led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA), 66 members of Congress have sent a letter to the House and Senate leadership urging them to extend the Rohrabacher-Farr provision in place for the last three years that blocks the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. The provision is set to expire December 8. It was included in the Senate version of the Justice funding bill, but not the House version, so it will be up to a conference committee to decide whether it remains.

Hawaii Cops Back Off on Telling Patients to Hand in Their Guns. The Honolulu Police policy of sending letters to registered medical marijuana patients telling them they must turn in their firearms is now under review by the department. While police said the letters have been going out all year, the practice only broke into the open last week, raising controversy. The department said it will continue to deny future gun permits to medical marijuana card holders, a practice upheld by the state court of appeals.

Minnesota Adds Autism and Apnea to List of Qualifying Conditions. The state Health Department announced Thursday that autism spectrum disorders and obstructive sleep apnea will be added to the list of qualifying conditions for the use of medical marijuana. The change will take effect in July. Petitioners had sought qualifying condition status for ten disorders, including anxiety, dementia, liver disease, and Parkinson's Disease, but only autism and apnea made the cut.

International

Poll: Canadians Split on Whether Country Will Be Ready for Legal Pot on July 1. A new Angus Reid poll finds Canadians almost evenly split on whether the country should delay the advent of marijuana legalization beyond its scheduled July 1 rollout. Some 53% say the timeline should remain the same, while 47% want it pushed back. The poll also found that more than half of Canadians aren't sure their province will be ready in time. The marijuana legalization bill has passed the House of Commons and is now before the Senate, which could try to delay it.

Jailed for Smoking Cigarettes? A Tennessee Judge's Outrageous Abuse of the Drug Court System

A Tennessee judge has taken the questionable logic of drug courts to a ridiculous and punitive extreme by jailing drug court participants for having smoked cigarettes.

drug court in Henrico County, VA
That's right, Hamilton County Drug Court Judge Tom Greenholtz has taken it upon himself to punish people under his supervision for using a legal substance because he thinks doing so would give them "a better chance at life."

Earlier this month, he jailed "a handful" of drug court participants who came up positive for nicotine in court-mandated drug tests.

"We routinely test for nicotine as we do for other controlled substances," Greenholtz told Chattanooga TV station Newschannel 9, blithely ignoring the fact that nicotine is not a controlled substance under either state or federal law and that cigarette smoking is not a crime.

As for throwing hapless drug court victims in jail for violating his arbitrary edict: "It shows how serious we are about combatting this," he said.

Drug courts first appeared in the 1990s as a response to the overflowing jails and prisons generated by the war on drugs and were designed to keep drug users out of prison by subjecting them to intense judicial oversight replete with jail cell punishments for people who relapsed while under supervision.

But from the beginning, while prosecutors and drug court judges give lip service to the widely accepted idea that drug addiction is a chronic, relapsing medical condition, the drug court model punishes people for suffering that medical condition. And now, Judge Greenholtz has taken that paradox to a whole new level.

Now he is punishing people who may indeed be physically addicted to nicotine even though using or possessing nicotine is not a crime. That's what can happen when you let judges pretend they are doctors.

As a means of dealing with drug-addicted people, drug courts are humane only in comparison with imprisonment. The vast majority of drug court participants are there solely because they got caught using or possessing drugs. In an enlightened society, we would either offer them assistance if they desire it or just leave them alone (not arrest them in the first place) absent harm to themselves or others. Instead, with drug courts, we subject them to intense judicial scrutiny and punish them for relapsing.

As the Drug Policy Alliance noted in a damning 2014 report on drug courts:

Drug courts have spread across the country, yet available research does not support their continued expansion. Most drug courts do not reduce imprisonment, do not save money or improve public safety, and fail to help those struggling with drug problems. The drug court model must be corrected to play a more effective role in improving the well-being of people involved in the criminal justice system who suffer substance misuse problems -- while preserving scarce public safety resources.

Throwing people in jail for smoking does not appear to be "improving the well-being of people involved in the criminal justice system" or "preserving scarce public safety resources."

There is some scientific research suggesting that people who quit smoking cigarettes do better in recovering from drug dependency, but that research finds only small differences. That study found a mere 3% difference in recovery rates between people who had quit smoking and those who hadn't. And the people in the study who had quit smoking had done so voluntarily -- not under threat of imprisonment.

People who had actually participated in the Hamilton County Drug Court had a different take.

Paula Brazzell told Newschannel 9 she had been addicted to pain pills for years, it took her several attempts to get clean, and that cigarettes helped.

"I think so, yeah," she said. "It calmed me down."

One of Brazzell's friends was part of that group that Judge Greenholtz jailed for smoking this month. Brazzell couldn't believe it.

"You're taking up those cells, paid for by taxpayer dollars to put somebody in jail for failing a nicotine test? I mean come on," she said.

Drug courts are a very blunt tool with which to address drug dependency. They become even more questionable when used as social engineering to punish people who aren't committing any crime other than a social faux pas by smoking.

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