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Canada's Marc Emery is a Man on a Mission [FEATURE]

Canada's "Prince of Pot" Marc Emery has finally returned home after spending just over 4 ½ years in US federal prison for selling marijuana seeds over the Internet. From his base in Vancouver, BC, Emery parlayed his pot seed profits into a pro-marijuana legalization political juggernaut.

Marc and Jodie Emery (wikipedia.org)
Not only did the gregarious former libertarian bookseller relentlessly hassle Canadian and American drug warriors -- including the dour then-drug czar, John Walters -- he published Cannabis Culture magazine, created the BC Marijuana Party and helped turn parts of downtown Vancouver's Hasting Street into a Western Hemisphere Amsterdam, complete with a vaporizer lounge and several other cannabis-related enterprises.

Emery also put a bunch of his money -- several hundred thousand dollars -- into financing marijuana reform efforts on the US side of the border. It's hard to say what, exactly, got him in the sights of US law enforcement, but when he was arrested by Canadian police at the behest of US authorities, the DEA was quick to gloat that it had struck a blow against the forces of legalization.

The US eventually got its pound of flesh from Emery, forcing him into a plea bargain -- to protect his coworkers -- that saw him sentenced to five years in federal prison for his seed selling. Emery did his time, was released from prison earlier this summer, then sent to a private deportation detention facility in the US before going home to Canada less than two weeks ago.

But if US and Canadian authorities thought they had silenced one of the biggest thorns in their side, they should have known better. Nearly five years in prison hasn't exactly mellowed Emery; instead, he is more committed than ever to drug war justice, and he's raring to go.

The Chronicle spoke with him via phone at his home in Vancouver Monday. The topics ranged from prison life to marijuana legalization in the US to Canadian election politics and beyond.

"If you go to jail for the right reasons you can continue to be an inspiration," Emery said. "I got a lot of affirmation, thousands of letters, people helped to cover my bills, and that's a testament to my influence. My experience was very positive. I network well and try to live in the present moment, just dealing with what's going on."

Still, Emery needed about $180,000 to get through those 4 ½ years behind bars, including more than $18,000 in email costs -- it isn't cheap for federal prisoners to send emails--but for Emery, keeping his voice heard in the outside world was a necessity. He reports having received between $70,000 and $80,000 in donations while in the slammer.

"That still left Jodie doing the near impossible," he said. She traveled from Canada to the southern US 81 times to visit her husband, visiting him on 164 days and spending a like amount of time in transit. If it weren't for Jodie Emery, prison would have been a much lonelier place, as it is for most inmates.

"In my prison, there were 1,700 prisoners, but on an average weekend, only 25 were getting a visit," Emery noted, adding that most inmates were either black or brown. "And other than Jodie, only seven people came to visit me."

While Emery waited in prison, the world continued to turn, and he has emerged into a different place. Now, two US states and Uruguay have legalized marijuana outright, and two more states and the District of Columbia are likely to do so this fall. For the Prince of Pot, it's all good.

"I like that Washington and Colorado went for two different models, although I think the Colorado model is better and has been more quickly executed," he said. "In both places, prices haven't really dropped, but they will once other states come on board. It has been really encouraging to see that people would travel to another state to buy it legally."

That's a good thing for the cannabis culture, he said.

"We are a proud culture. Legalization means a lot of things, and one of them is the end of stigmatization. We've been picked on and scapegoated as if we were taking part in some evil practice, but that is largely over in Denver," Emery argued. "They're integrating it into the mainstream economy; we're going to see a lot of interesting things."

Unsurprisingly, the small-L libertarian and marijuana seed entrepreneur is not overly concerned that legalization will lead to the commercialization or corporatization of the herb.

"We need big money in order to have an effective lobby," he said. "When there's something that tens of millions of Americans want, the money will come, and the money is welcome. It's going to put into new products, new technologies, and we have to welcome that. Capitalism is way to make things happen legally, and we need to get those people on board."

But Emery wants people to be able to grow their own, too.

"It's not legal unless we can grow it in our backyards or fields," he said, "and as long as we can grow it, it's basically legal."

The Hastings Street headquarters. (cannabisculture.com)
That's life in these United States, but Emery, of course, doesn't live in the United States -- in fact, he is now permanently barred from entering the country -- he lives in Canada, and things haven't gone nearly as swimmingly there when it comes to freeing the weed.

A decade ago, Canada was the hope of the global cannabis culture. It appeared poised to make the move toward legalization, but first the ruling Liberals were unwilling to even push through their decriminalization scheme, and then they were defeated by the Conservatives, who went in the other direction on marijuana policy, for instance, by adopting mandatory minimum sentences for growing more than small amounts of pot.

Stephen Harper's Conservatives remain in power today, and Emery has sworn political vengeance on them. He has also aligned himself with the Liberals, whose leader, Justin Trudeau, is now an advocate of legalization. That's in line with Canadian public opinion, which consistently shows strong support for marijuana law reform, including a poll this week that showed two-thirds support for reform, with 35% saying legalize it and 31% saying decriminalize it.

The Liberals are going to try to take back the federal government in elections in October 2015, and Emery is happy to help savage the Conservatives whether it makes Liberals squeamish or not. His return just two weeks ago has already ignited a firestorm of media coverage, with his pot politics naturally front and center.

"We've now hijacked the whole conversation about the election; we are dominating the conversation," he gloated. "It's the number one election topic and has been since the second I arrived back in the country. There have been more than 150 articles about me in the last two weeks. It's a big deal, and I'm delighted it's a big deal. I have critics using up column inches to say disparaging things about me, and that's great, too. There's a real dialog going on, and we have the opportunity to change the feelings of our opponents and get them to understand the benefits to their communities in legalizing marijuana."

But can the Liberals win? Yes, says Emery.

"Election day -- October 19, 2015 -- will be legalization day in Canada. If Trudeau becomes prime minister, there is no going back," he prophesied. "And I am confident the Liberals will win. Normally, the anti-Harper vote is divided among the Greens, the NDP, the Bloc Quebecois, and the Liberals, but this time, with Trudeau being so charismatic, I am urging everyone to just this once vote for the Liberals. And the feedback I am getting is that this is going to happen, a Liberal majority is going to happen, and you should be in on it."

When it comes to marijuana reform, in Emery's eyes, Canadian politicians should take a lesson from their counterparts south of the border.

"My opinion of Americans has only improved," he said. "You did a great job in Colorado and Washington, and even your legislators are underrated. At least one from every state has gone to Colorado to check it out. It's wonderful! Up here, if it weren't for Justin Trudeau, we wouldn't hear anything."

Well, and now, Marc Emery. Again.

Vancouver
Canada

Oregon Pot Legalization Endorsement, Jack Cole Op-Ed on Legalizing Heroin, PA Mandatory Minimums, Canada Pot Poll and Heroin Maintenance...(Chronicle AM--8/25/14)

The Oregonian says legalize it, so do Vermont GOP gubernatorial candidates, Jack Cole says legalize heroin, a Pennsylvania court throws out mandatory minimums, Vancouver's SALOME participants will get their heroin, and more. Let's get to it:

Diacetylmorphine (pharmaceutical heroin) will soon be on its way to Vancouver. (wikimedia.org)
Marijuana Policy

Oregon's Largest Newspaper Endorses Measure 91. In a Sunday editorial, the Oregonian has endorsed marijuana legalization in general and New Approach Oregon's initiative, Measure 91, in particular. Click on the title link to read the newspaper's reasoning.

Vermont GOP Governor Candidates Agree Marijuana Should Be Legal. In interviews with Vermont Public Radio, all three Republican gubernatorial candidates said they agreed that marijuana should be legalized. Steve Berry of Wolcott, Scott Milne of Pomfret and Emily Peyton of Putney are competing in tomorrow's primary. Peyton and Berry came out strongly for legalization, while Milne said he would sign a bill if it got to his desk. Milne is the leading contender.

Massachusetts Supreme Judicial Court Upholds Eviction of Public Housing Tenant for Marijuana Criminal Activity. With marijuana decriminalized in the state, can a public housing tenant still be evicted for possession of less than an ounce? That question remains undecided after the state's high court sidestepped it in Figgs v. Boston Housing Authority. A lower court had held that the tenant could not be evicted for simple possession, but the high court reversed, saying the facts in the case showed not just possession, but also that the tenant's roommate sold marijuana and possessed a weapon. Figgs is going to have to find a new place to live now.

Medical Marijuana

Arizona Advocates File Lawsuit over PTSD Treatment Restrictions. The Arizona Cannabis Nurses Association filed a lawsuit last Friday challenging limits imposed on patients with PTSD who seek to use medical marijuana. Health Director Will Humble has ruled that PTSD patients can only use medical marijuana if they are already getting some other form of treatment for PTSD. The lawsuit is in Maricopa County District Court.

Kansas Democratic Party Endorses Medical Marijuana. Kansas Democrats now formally support medical marijuana, they announced during their statewide Demofest convention Saturday night. "Kansas Democrats support the availability of marijuana for medical use and protection of patients from criminal arrest and prosecution." the plank says. The platform link wasn't working as of Tuesday night, but you can try it here.

Sentencing

Pennsylvania Superior Court Rules Mandatory Minimums Unconstitutional. In a decision last week, the court has thrown out the use of mandatory minimum sentences as violating the constitution. The ruling came in Pennsylvania v. Newman, where James Newman had received a mandatory minimum 5-year sentence for possession of drugs and a gun. Relying on a line of federal court decisions beginning with Apprendi v. New Jersey, the Superior Court held that, in sentences based on the elements of the crime, jurors—not judges—must find that those elements existed.

California Fair Sentencing Act Heads for Governor's Desk. After a final Senate concurrence vote last Thursday, the Fair Sentencing Act is now headed for the desk of Gov. Jerry Brown (D). The act, Senate Bill 1010, would eliminate the sentencing disparities between crack and powder cocaine offenses by reducing the penalty for crack offenses. 

Heroin

Boston Globe Op-Ed Calls for End to Heroin Prohibition. A Sunday op-ed in the Globe published by former New Jersey narcotics officer and Law Enforcement Against Prohibition founder Jack Cole forthrightly calls for ending heroin prohibition. Police efforts to repress heroin "did more harm than good, and the harder my colleagues and I tried, the more damage we did," he writes.  "As a police officer, I understand the instinct to mete out punishment, send a message, put somebody away for abusing drugs. Nonetheless, my experience has shown me that it is futile, counterproductive, and dangerous to try to arrest our way out of this very real problem." There's much more; click on the title link to read the whole thing.

International

Number of Disappeared in Mexico Keeps Rising. The number of people who have vanished since former President Felipe Calderon initiated his drug war in 2006 has increased to some 23,000, according to the Interior Ministry. More than 12,000 disappeared during the Calderon sexenio, and nearly 10,000 more have vanished during the first two years of the Enrique Pena Nieto presidency. Human rights groups say these official numbers are low.

Two-Thirds of Canadians Support Marijuana Law Reform. A new Forum Research poll finds that 66% of Canadians favor either legalizing and taxing marijuana or taking pot possession out of the criminal code (decriminalizing it). Some 35% said legalize it, while another 31% said decriminalize it. Only 16% said they were happy with the marijuana law status quo.

Canada's SALOME Study Will Get Prescription Heroin By Christmas. Vancouver heroin addicts participating in the Study to Assess Longer-term Opioid Medication Effectiveness (SALOME) will have legally prescribed heroin by Christmas, their attorney said last week. They won the right to use heroin as a maintenance drug after the BC Supreme Court in May granted them an injunction exempting them from a federal government ban on such uses. The pharmaceutical grade heroin is coming from a European manufacturer.

Australian National Council on Drugs Softens on Medical Marijuana. The Australian National Council on Drugs today released Medicinal Use of Cannabis: Background and Information Paper, which concedes that pharmaceutical marijuana products are effective for treating some forms of pain, reducing nausea, and helping people with wasting syndrome. The backgrounder comes as clamor grows, especially in Victoria, for legalizing medical marijuana.

(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: Oregon Initiative Buying Ads, South Portland Maine to Vote, Saudi Arabia Killing People (8/19/14)

Big money for TV ads in Oregon, another Maine city will vote on marijuana legalization, a good bill goes bad in California, and Saudi Arabia executes four hash smugglers. Let's get to it:

Marijuana Policy

South Portland, Maine, to Vote on Legalization Initiative in November. The city council Monday night approved putting on the November ballot an initiative that would legalize the possession of up to an ounce of marijuana. The move comes after advocates collected enough voter signatures to force the issue. Neighboring Portland, Maine's largest city, passed a similar initiative last year.

Oregon Legalization Initiative Will Buy $2.3 Million in TV Ads. New Approach Oregon, the group behind the state's marijuana legalization initiative, said Monday it will buy $2.3 million worth of TV ads. The first ad will feature Richard Harris, the former head of addictions and mental health for the state Health Authority, who says that marijuana is "a pretty benign drug" and that criminalizing it has been a policy failure.

Medical Marijuana

California Advocates Raise Alarm on Amended Medical Marijuana Bill. A bill intended to force law enforcement to return unlawfully seized medical marijuana has been amended in the Assembly Appropriations Committee to gut that language, and that has Americans for Safe Access raising the alarm. Senate Bill 1193 has been turned from a good bill into a bad one, the group says, and is asking sponsor Sen. Noreen Evans (D-Santa Rosa) to pull it. Click on the link to add your two cents.

International

Saudi Arabia Executes Four Hash Smugglers. Four members of the same family were executed by Saudi authorities Monday for attempting to smuggle "large quantities" of hashish into the kingdom. The executions came despite protests from family members that the men had been tortured into confessing during interrogations. The killings are part of a surge of executions in the kingdom lately, with 32 people executed this year and 17 in the past two weeks alone. Saudi Arabia applies the death penalty to a number of crimes, including drug trafficking and apostasy, as well as murder and rape.

Chronicle AM: SWAT Teams in the News, Santa Fe Decrim Init, Barcelona Cannabis Clubs (8/18/14)

SWAT teams are in the news, the RAVE Act gets critiqued as counterproductive, there will be no medical marijuana initiative in Oklahoma, but it looks like there will be a decriminalization initiative in Santa Fe, and more. Let's get to it:

Demonstration in support of Barcelona's cannabis clubs (fac.cc)
Marijuana Policy

Santa Fe, New Mexico, Decriminalization Initiative Qualifies for Ballot. The Santa Fe city clerk has determined that an initiative to decriminalize marijuana possession in the city has qualified for the November ballot. Now the city council must either vote to change the city ordinance or send the measure to the voters. This measure will eliminate jail time for the possession of less than 1 ounce of marijuana and possession of marijuana paraphernalia for personal use and will result in no more than a simple $25 fine, as well as make marijuana possession the lowest priority for the Santa Fe Police Department.

Medical Marijuana

Oklahoma Initiative Effort Will Fall Short, Organizers Concede. There will be no medical marijuana initiative in the Sooner State this year. Saturday was the deadline for handing in signatures, and organizers concede they don't have enough valid signatures. They vow to be back at next year.

Hawaii Medical Marijuana Events Slated. The Drug Policy Forum of Hawaii and the American Civil Liberties Union of Hawaii (cofounders of the Medical Cannabis Coalition of Hawaii) have announced three free public events on medical marijuana policy next weekend. "Policy Perspectives on Medical Marijuana" will take place in Oahu and Hilo, while a talk session will be held in Kona. Click on the link for more details.

Law Enforcement

Georgia County Won't Pay Medical Bills for Toddler Injured in SWAT Raid. Habersham County, Georgia, says it will not pay the hospital bills for Bounkham "Baby Boo Boo" Phonesavah, the 19-month-old toddler severely burned when a SWAT team executing a drug arrest warrant threw a flash-bang grenade into his home during a May drug raid. The person the police were looking for wasn't there. Look for a civil lawsuit.

Tampa Police Review Finds No Problem With SWAT Team Killing of Man in Minor Marijuana Raid. SWAT team members acted appropriately when they shot and killed 29-year-old Jason Westcott during a May drug raid, a Tampa Police internal review has found. Police entered the residence where Westcott and a roommate were sleeping, then encountered him with a handgun in the bathroom, where they shot and killed him. Police seized less than $2 worth of marijuana at the scene. There are problems with the investigation that led to the raid, too; click on the May drug raid link to read more.

New York Governor Candidate Randy Credico Arrested, Jailed for Making Video of Cops Arresting Black Man in Subway. Randy Credico, challenger to incumbent Gov. Andrew Cuomo in next month's Democratic primary, was arrested and jailed for videotaping undercover transit police aggressively arresting a black man Friday afternoon. He is charged with menacing a police officer, obstructing government administration and resisting arrest and disorderly conduct. Credico has been arrested more than 20 times, mostly for civil disobedience actions or videotaping police activities.

Justice Department Ups the Ante on FedEx with New Money Laundering Charges. Federal prosecutors in San Francisco unveiled a new indictment against FedEx last Thursday that adds money laundering to a list of charges alleging that the delivery company knowingly shipped illegal prescription drugs from two online pharmacies. The company was already facing 15 conspiracy and drug charges and is looking at a fine of up to $1.6 billion if found guilty. UPS paid the feds $40 million last year to settle similar charges.

RAVE Act Has Done More Harm Than Good, Study Finds. The 2003 RAVE Act (Reducing Americans' Vulnerability to Ecstasy Act) has not reduced the drug's popularity, but has instead endangered users by hampering efforts to protect them. The law held club owners and produces criminally responsible for drug use at their events, and that made them disinclined to provide harm reduction services -- providing free bottled water of allowing groups like DanceSafe to do informational flyering or drug testing -- because that could be used as signs they were aware of drug use. "There were a lot of groups like that, and there was a lot of educational information about drugs being made available," study author University of Delaware sociologist Tammy Anderson said. "Today, clubs and promoters are reluctant to take those precautions because it could be used as evidence against them. The RAVE Act is a relic of the War on Drugs," she said. "It never worked in the past, and it's not working now." Her research was presented Sunday at the American Sociological Association annual meeting in San Francisco.

International

Vietnam Sentences Six to Death for Heroin Trafficking. A court in northern Vietnam sentenced six people to death last Thursday for trafficking Laotian heroin destined for China. The six were convicted of trafficking 240 pounds of the drug. Under Vietnamese law, the death penalty can be imposed for offenses involving as little as 3.5 ounces of heroin.

Barcelona to Shut Down Dozens of Cannabis Clubs. The city of Barcelona moved quietly last week to shut down about a third of the city's 145 cannabis clubs, citing "deficiencies" in management at nearly 50 of them. Those "deficiencies" included the illegal sale of marijuana, trying to attract non-members to their premises, and creating problems for the neighborhoods where they operate. Under Spanish law, the clubs can operate as members-only establishments where participants share their collective crops. The Spanish Federation of Cannabis Associations has asked for better regulations to avoid illegal practices.

(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 -- August 14, 2014

A bill to end the crack/powder cocaine sentencing disparity is close to becoming law in California, the US Sentencing Commission still has work to do on mandatory minimums, the 50th anniversary of America's first pot protest will be commemorated this weekend, and more. Let's get to it:

There's action on sentencing on a couple of fronts today. (supremecourt.gov)
Marijuana Policy

50th Anniversary of First Pot Protest to Be Commemorated at Seattle Hempfest This Weekend. On August 16, 1964, a lone crusader named Lowell Eggemeier marched into the San Francisco Hall of Justice, fired up a joint, and puffed it in the presence of the police inspector. "I am starting a campaign to legalize marijuana smoking," he announced, "I wish to be arrested." He was promptly hauled off to jail for marijuana possession, at that time a felony. California NORML will lead a commemoration of Eggemeir's historic first step Saturday at the Hempfest in Seattle.

National Council of State Legislatures to Consider Marijuana Reform Resolution Next Week. The council's Law and Criminal Justice Committee will consider a resolution encouraging prohibiting the federal government from enforcing federal marijuana laws in states that have authorized either medical marijuana or adult marijuana sales and use. Click on the link to read the resolution.

Medical Marijuana

Public Hearings Set for Iowa's New CBD Cannabis Oil Law. Iowans who have something to say about the state's new law decriminalizing the possession of low-THC, high-CBD cannabis oil for epileptics will get a chance at a series of public hearings. They will be held in six cities: Council Bluffs, Davenport, Des Moines, Mason City, Ottumwa, and Sioux City. Click on the link for times and dates, as well information on submitting comment via email or snail mail.

Harm Reduction

Federal Overdose Prevention Act Text Now Available Online. Sen. Jack Reed (D-RI) filed the bill, Senate Bill 2755, on July 31, and the text is now available online. The bill would create a task force to come up with ways to reduce overdose deaths. Click on the link to read the bill.

Sentencing

US Sentencing Commission Includes More Work on Mandatory Minimums As Part of Next Year's Priorities. The Commission today approved its list of priorities for the coming year and includes "continued work on addressing concerns with mandatory minimum penalties." The Commission said it would "once again set as its top priority continuing to work with Congress to implement the recommendations in its 2011 report on federal mandatory minimum penalties, which included recommendations that Congress reduce the severity and scope of some mandatory minimum penalties and consider expanding the 'safety valve' statute which exempts certain low-level non-violent offenders from mandatory minimum penalties.

California Fair Sentencing Act Passes Assembly. The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law. The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D). The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.

International

British Drug Minister Calls for Legalizing Medical Marijuana. British Drug Minister Norman Baker is calling for new drug laws that allow the use of marijuana to treatment certain medical conditions in a letter he will send to Health Minister Jeremy Hunt. Baker is a Liberal Democrat, the junior partner in the Conservative-led government. Lib Dems have a significantly softer drug policy line than the Tories, as was evidenced yet again when the Tories immediately slapped down Baker's proposal.

California Fair Sentencing Act Passes Assembly

The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law.

California Fair Sentencing Act sponsor Sen. Holly Mitchell (senate.ca.gov)
The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D).

The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.

People of color account for over 98% of persons sent to California prisons for possession of crack cocaine for sale. From 2005 to 2010, blacks accounted for 77.4% of state prison commitments for crack possession for sale, Latinos accounted for 18.1%. Whites accounted for less than 2% of all those sent to California prisons in that five year period. Blacks make up 6.6% of the population in California; Latinos 38.2%, and whites 39.4%.

"Same crime, same punishment is a basic principle of law in our democratic society," said Senator Holly Mitchell (D-Los Angeles), chair of the Black Caucus and member of the Senate Public Safety Committee. "Yet more black and brown people serve longer sentences for trying to sell cocaine because the law unfairly punishes cheap drug traffic more severely than the white-collar version. Well, fair needs to be fair," she said as she introduced the bill in March.

"Whatever their intended goal, disparate sentencing guidelines for two forms of the same drug has resulted in a pattern of institutional racism, with longer prison sentences given to people of color who are more likely than whites to be arrested and incarcerated for cocaine base offenses compared to powder cocaine offenses, despite comparable rates of usage and sales across racial and ethnic groups," she added.

Legislative analysis suggests the bill could save the state roughly $11 million a year in lowered incarceration costs, which would be only slightly offset by increased probation costs and decreased asset forfeiture revenues.

"The current disparities in our drug laws amount to institutional racism," said Lynne Lyman of the Drug Policy Alliance. "The Fair Sentencing Act will take a brick out of the wall of the failed 1980's drug war era laws that have devastated communities of color, especially Black and Latino men. The time has long come."

The bill has broad support not only from civil rights, racial justice, and criminal justice reform organizations, but also the endorsement of the district attorneys of the counties of Los Angeles, San Francisco, Santa Barbara, and Santa Clara.

Sacramento, CA
United States

Chronicle AM -- August 13, 2014

A key California sentencing reform bill gets a final Assembly vote tomorrow, the Oregon legalization initiative gets some organized oppositions, Delaware gets a step closer to its first dispensary, Marc Emery gets to go home, and more.

Canadian "Prince of Pot" Marc Emery is reunited with wife Jodie after spending five years in US prison. (wikipedia.org)
Marijuana Policy

Oregon Legalization Initiative Gets Organized Opposition. The Oregon District Attorneys Association and the Oregon State Sheriff's Association are gearing up to do combat against Measure 91, the state legalization initiative. The two groups say they are deciding right now how much money to spend trying to defeat the initiative, which has already raised more than a million dollars.

Federal Judge Throws Out Case Challenging Washington's Authority to Tax Marijuana. US District Judge Marsha Pechman has dismissed the lawsuit, ruling that the federal courts lacked jurisdiction. Dispensary operator Martin Nickerson, who was being prosecuted on federal marijuana charges filed the suit, arguing that he couldn't pay the state tax without incriminating himself. His attorney, Douglas Hiatt, said he will refile the lawsuit in state court.

Wichita City Council Votes Against Putting Decriminalization on November Ballot, But Maybe in April. After a decriminalization initiative signature drive came up short, the city council declined last night to put the measure on the November ballot, but said it would work with organizers to put it on ballot next April.

Medical Marijuana

Delaware Officials Sign Contract for First Dispensary in the First State. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.

Oklahoma Governor Says She Supports Limited CBD Cannabis Oil Access. Gov. Mary Fallin (R) today asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.

Harm Reduction

With New Law in Effect, Minnesota Cops Start Carrying Overdose Reversal Drug. Sheriff's deputies in Hennepin County (Minneapolis) have become the first in the state to start carrying the overdose reversal drug naloxone after a new law went into effect August 1. The law also contains a 911 Good Samaritan provision providing limited immunity for people who seek medical assistance for those suffering drug overdoses. Last year, 56 people died of heroin overdoses in the county and another 29 died in the first six months of this year.

Sentencing

California Fair Sentencing Act Gets Assembly Floor Vote Tomorrow. The bill, Senate Bill 1010, would eliminate the sentencing disparity between crack and powder cocaine. It has already passed the state Senate. Click here to contact state legislators; click the title link for more bill information.

International

Marc Emery is Now Back Home in Canada. Canadian "Prince of Pot" Marc Emery is now back home in Canada after serving nearly five years in US federal prison for selling marijuana seeds. He landed in Windsor, Ontario, right around 4:20pm yesterday after leaving a private US deportation detention facility where he had been held after being released from US prison last month. He has vowed to wreak political vengeance on the Conservatives, who allowed him to be extradited to the US.

Algeria Has Seized More Than 95 Tons of Moroccan Hash so Far This Year. That's up over the same period last year by about 25 tons. Morocco is the world's largest hash producer, with most of its product headed for European markets.

Comedian Randy Credico's Deadly Serious Quest to Run New York [FEATURE]

New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.

Credico campaign ad in The Nation magazine
But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.

"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.

Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.

Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.

Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.

But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:

  • legalize marijuana;
  • close Attica prison;
  • ban racial profiling and end stop and frisk;
  • end the Rockefeller drug laws; and
  • direct election of all criminal judges.

The Candidate (credico2014.com)
"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."

[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]

Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.

"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."

Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.

"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.

But Credico even argues that he should have the right to do blow, if that's what he wants to do.

"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.

At a forum at the New York Society for Ethical Culture (credico2014.com)
Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.

"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.

"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."

Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.

"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."

Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.

Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.

"I don't get no respect," he intoned. "I'm running against two people from the ruling class."

But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.

(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.)

NY
United States

Chronicle AM -- August 7, 2014

The legalization debate packed 'em in in Anchorage, California's medical marijuana regulation bill is going down to the wire, Massachusetts has a new substance abuse law, China executes two for drugs, and more. Let's get to it:

Anchorage (Frank K. via Wikimedia)
Marijuana Policy

Alaska Legalization Debate Draws Big Crowd. The Wilda Marston Theatre in Anchorage was packed last night as supporters and opponents of the legalization initiative, Ballot Measure 2, duked it out. Click on the link to get the flavor of the debate.

NJ Weedman Becomes a Newspaper Columnist. Longtime New Jersey marijuana activist Ed Forchion, better known as the NJ Weedman, is about to get a new platform. He announced today that he now has a new gig: columnist for the The Trentonian newspaper, where he will produce the "Cannabis Column."

Lewiston, Maine, Initiative Campaign to Turn in Signatures Tomorrow. Citizens for a Safer Maine, the organizers of the Lewiston initiative to legalize marijuana possession for adults, will turn in more than 1,250 signatures tomorrow. They need 859 valid voter signatures to qualify for the November ballot. They will also hold a media availability at 11:00am in front of city hall.

Poll Finds Strong Support for Marijuana Reform in Pennsylvania. A new poll from Keystone Analytics has strong support for marijuana reform, with 47% supporting medical marijuana and another 22% saying they supported legalization for any reason. Only 27% thought marijuana should remain illegal for all purposes. The poll has a +/- 4.4% margin of error.

Medical Marijuana

California Still Struggling with Statewide Regulation Bill. The clock is ticking on Senate Bill 1262, the last effort to regulate medical marijuana statewide still alive in the legislature. It needs to pass before month's end or it dies, but the marijuana community itself is divided over it, and it's not clear that the interests of lawmakers, law enforcement, cities and counties, and the medical marijuana industry can all be aligned. As of now, the most recent version of the bill is still supported by the police chiefs and Americans for Safe Access. But California NORML, the Drug Policy Alliance and Law Enforcement Against Prohibition oppose it unless it's amended. Click on the title link for more details.

Prescription Opiates

Massachusetts Governor Signs Substance Abuse Bill. Gov. Deval Patrick (D) has signed into law Senate Bill 2142, which expands access to drug treatment by requiring insurers to pay for up to 14 days of inpatient care and bars them from requiring prior authorization. The bill also allows the public health commissioner to classify a drug as "dangerous" for up to a year, effectively banning its use in the state, and it creates a commission to come up with substitutes for opiates. And it has new reporting requirements on overdose deaths, infants born exposed to drugs, and for the state's prescription monitoring program. The bill is a response to increases in opiate addiction and overdose deaths in the state. But it contains no provisions explicitly protecting access to opiates for patients suffering from chronic pain.

International

China Executes Two South Korean Drug Traffickers. Two South Korean citizens were executed for drug trafficking in China yesterday. They were killed after being found guilty in Intermediate People's Court in Baishan, Jilin Province of smuggling about 30 pounds of amphetamines. The two men were the first South Koreans executed in China in a decade. Along with Iran, China is one of the world's leading executioners of drug offenders.

Chronicle AM -- August 4, 2014

Sentencing reform bills look to be picking up steam in Congress, Massachusetts is expanding drug courts, Tennessee's welfare drug test law generates unimpressive results, drug reform conferences are coming in Latin America, and more. Let's get to it:

Oregon drug court (co.washington.oregon.us)
Marijuana Policy

Toledo, Ohio, Decriminalization Initiative Campaign Hands in Signatures. Backers of a Toledo municipal decriminalization initiative handed in some 13,000 signatures Monday. They need 6,000 valid signatures to qualify for the November ballot. The campaign is being led by Northwest Ohio NORML.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up Cosponsors. The bill, House Resolution 5226, would exclude low-THC therapeutic cannabis oil from the definition of marijuana under the Controlled Substances Act. It was filed with three cosponsors, and picked up seven more late last week. There are five Democrats and five Republicans now sponsoring it.

Sentencing

Senate Smarter Sentencing Act Picks Up New Cosponsor. The bill, Senate Bill 1410, would allow federal judges to sentence below mandatory minimums in some cases, apply adjusted crack cocaine sentences to people after the passage of the 2010 Fair Sentencing Act, as well as other sentencing reform provisions. The latest cosponsor is Sen. Elizabeth Warren (D-MA). The bill now has 31 cosponsors -- 23 Democrats, two independents, and six Republicans.

House Smarter Sentencing Act Picks Up New Cosponsor. The bill, House Resolution 3382, is identical to the Senate version above. The latest cosponsor is Rep. Betty McCollum (D-MN). The bill now has 49 cosponsors -- 35 Democrats and 14 Republicans.

House Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, House Resolution 3465, introduced by Rep. James Sensenbrenner (R-WI), amends the Second Chance Act of 2007 to allow for funding for grants for family-based drug treatment and for drug treatment and criminal justice collaboration for people leaving prison. The latest cosponsor is Rep. Marc Veasey (D-TX). The bill now has 40 cosponsors -- 33 Democrats and seven Republicans.

Drug Testing

Tennessee Welfare Drug Testing Law Screens 800 Applicants; One Fails Drug Test. In the first month that the new welfare drug screening and testing law went into effect, 812 applicants were asked to submit to screening for evidence of possible drug use. Four refused the initial screening, a series of questions about drug use. After initial screening, only six people were asked to submit to drug tests in order to receive benefits. Five out of the six passed. One failed the drug test.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up Cosponsor. The bill, House Resolution 5212, was introduced late last week by. Rep. Tim Wahlberg (R-MI). It would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to prove a property owner's involvement in criminal activity. It now has a cosponsor, Rep. Renee Elmers (R-NC).

Law Enforcement

Massachusetts to Expand Drug Courts. Faced with an increase in heroin overdoses and opiate addiction, the state will add five drug courts to the 21 it currently has. Drug reformers criticize drug courts as not the answer for dealing with people whose only "crime" is their drug habit.

International

Mexican State Moves to Limit Coverage of Violent Crime. The state of Sinaloa, home to -- you guessed it -- the Sinaloa Cartel, has barred reporters from covering the violence there. The state congress last Thursday approved a law that restricts journalists to official government press releases for crime information and bans them from inspecting the scene, taking any photos or videos, or recording audio on-site.

Uruguay Solicits Bids for Marijuana Growers. Would-be marijuana growers in Uruguay have until August 18 to submit bids for licenses to grow pot at government-run fields and then sell it to consumers. The government there will license up to five growers.

Colombia Drug Reform Conference Later This Month. A drug reform conference will be held in Bogota on August 14 and 15. The conference is "Drug Policy 25 Years After the Death of Luis Carlos Galan: How Much Have We Advanced?" The Drug Policy Alliance's Ethan Nadelmann and Dr. Carl Hart will be there, as will numerous Colombian and other Latin American presenters and participants. Click the title link for more details.

Fifth Annual Latin American Drug Reform Conference in Costa Rica Next Month. The hemispheric conference will be held in San Jose on September 3 and 4. The conference will also include the First Annual Central American Drug Reform Conference. Click on the title link for lots more information.

Denmark's Liberal Alliance Calls for Drug Decriminalization. The opposition Liberal Alliance called at its summer meeting Sunday for the decriminalization of the possession of all drugs, increasing the use of medical marijuana in the national health sector, and continuing the safe injection site initiative. "We know that it doesn't help to punish people for being in possession of drugs," said party leader Anders Samuelson. "We are not talking about a total liberalization of drug dealing. It should still be illegal to sell drugs, but not to be in possession of them." The proposal is not winning support from other political parties.

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