Sentencing

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Chronicle AM: Report Scorches NY MedMJ Program, OH "Bad" Good Samaritan Bill Signed, More... (6/14/16)

The Drug Policy Alliance has some unkind words for New York's medical marijuana program, fentanyl is killing more Kentuckians than last year, Canada won't decriminalize marijuana ahead of legalization, Indonesia prepares a new round of drug executions, and more.

Canada will legalize it, but won't decriminalize it first.
Medical Marijuana

New York's Medical Marijuana Program Pretty Lame, DPA Report Finds. In a new report, Assessing New York's Medical Marijuana Program: Problems of Patient Access and Affordability, the Drug Policy Alliance finds severe problems with patient and caregiver access under the program. The report, which relied on patient surveys, finds that more than half of patients and caregivers had not yet found a doctor to certify them and 60% of those had been looking for three to four months for a physicians. Also, more than three-quarters (77%) said they could not afford their medicine. DPA recommends further legislation to improve the program and urges the Health Department to provide more information about the implementation and performance of the program.

Industrial Hemp

Petition to Deschedule Hemp Launched. A Portland attorney and a Southern Oregon environmentalist have filed a petition asking the DEA to remove industrial hemp from the federal governments list of controlled substances. The petition was filed Monday. The petition asks DEA to declare that a cannabis plant is hemp, not marijuana, it its THC level does not exceed 1%. The Oregon petition is the second hemp petition this month. The Kentucky Hemp Industries Council earlier filed a similar petition.

Heroin and Prescription Opiates

Kentucky Report Sees Fentanyl Deaths More Than Tripling. The Kentucky Office of Drug Control Policy has issued a 2015 overdose report that finds fentanyl was a factor in 420 fatal overdoses last year, up from 121 in the previous year. Fentanyl is implicated in 34% of all overdose deaths in the state. State officials said it is often consumed unwittingly by users because it is mixed with heroin.

Harm Reduction

Ohio Governor Signs "Bad" 911 Good Samaritan Law. Gov. John Kasich (R) has signed into law House Bill 110, which grants immunity from prosecution to overdose victims and people who seek help for them. But the bill contains a pair of provisions added by the Senate that critics say will discourage people from seeking help. One limits immunity to two occasions and makes it unavailable for people on parole, and the second allows medical professionals to share overdose information with law enforcement.

International

Canada's Liberals Reject NDP Call for Decriminalization Ahead of Legalization. Liberal Attorney General Jody Wilson-Raybould said Monday the government would not support the New Democrat's proposal to quickly decriminalize marijuana while awaiting the arrival of legalization. Decriminalizing now would "give a green light to dealers and organizations to continue to sell unregulated and unsafe marijuana to Canadians," she said.

Low-THC Marijuana Based Medicines Now Legal in Macedonia. Medicines containing less than 0.2% THC can now be prescribed by doctors and purchased in pharmacies, Macedonia's agency for medicines announced Monday.

Indonesia Set to Execute 16 Drug Offenders After Ramadan. The convicts will be "immediately executed" after next month's Eid holiday, a spokesman for the attorney general's office said Tuesday. The country has not seen an execution since April 2015, but it executed 14 people that year, mostly foreigners, stoking international outrage.

Chronicle AM: Obama Commutes More Drug Sentences, Majority for Legalization in New Poll, More... (6/6/16)

President Obama keeps chipping away at the federal drug prisoner population, Weldon Angelos finally goes free, yet another poll has a national majority for marijuana legalization, the new Filipino president encourages vigilante violence against drug dealers, and more.

President Obama has commuted another 42 drug sentences, including 20 lifers. (whitehouse.gov)
Marijuana Policy

Another National Poll Has Majority Support for Legalization, Near Unanimous Support for Medical Marijuana. A Quinnipiac University poll released Monday has support for marijuana legalization at 54%, with 41% opposed. That's in line with a bevy of polls in the past couple of years showing majority support for legalization. The new Quinnipiac poll also had support for medical marijuana at 89%, with only 9% opposed, and 87% support for allowed Veterans Administration doctors to recommend it to vets with PTSD.

Anti-Legalization Forces Seek Backing of Rightist Casino Billionaire. The anti-reform group Smart Approaches to Marijuana, led by Kevin Sabet, is seeking funding from Nevada casino billionaire Sheldon Adelson, who contributed millions of dollars to defeat a medical marijuana initiative in Florida in 2014. Adelson is also a major funder of Republican presidential candidates, having spent $15 million supporting Newt Gingrich in 2012.

Massachusetts Supreme Court to Hear Challenges to Legalization Initiative. The high court is set to hear two challenges Wednesday to the legalization initiative from the Campaign to Regulate Marijuana Like Alcohol. One challenge alleges that organizers have misled voters about its ramifications and claims it would allow for the sale of GMO marijuana, while the other challenge says the words "marijuana legalization" in the initiative's title are misleading because it doesn't legalize it for people under 21.

Medical Marijuana

Montana Initiative Coming Up on Signature Deadline. Backers of Initiative 182, which seeks to restore the state's medical marijuana program demolished by the legislature in 2011, say they have some 30,000 raw signatures as a June 17 deadline draws near. They need 24,000 valid signatures to qualify. Initiative watchers generally assume as many as 30% of gathered signatures could be invalidated. If that were the case right now in Montana, the initiative would not make the ballot.

Drug Testing

Michigan Supreme Court to Hear Case of Mother Jailed for Refusing Drug Test in Son's Juvenile Case. The state's high court will hear the case of Kelly Michelle Dorsey, who was jailed for contempt of court in 2012 for refusing to take a drug test in a case involving her minor son, because the son was under the court's jurisdiction, not Dorsey. An appeals court held that forcing mothers to submit to drug tests in such cases was unconstitutional, but upheld a finding a contempt of court for her refusal. Now, the state Supreme Court is set to weigh in.

Sentencing

Obama Commutes Sentences for 42 More Drug Offenders, Including 20 Lifers. President Obama last Friday added another 42 names to the ever growing list of federal drug prisoners whose sentences he has commuted. That brings to 348 the number of commutations Obama has handed out, more than the last seven presidents combined. For a list of names of the newly commuted, go here.

Mandatory Minimum Sentencing Poster Child Weldon Angelos Freed After 12 Years. The Salt Lake City rap and hip hop label owner and small-time pot dealer was sentenced to 55 years in federal prison because he carried a pistol strapped to his ankle during marijuana deals. Now he is a free man after prosecutors moved to cut his sentence.

New Hampshire GOP Senator Wants to Jack Up Mandatory Minimums for Fentanyl. Sen. Kelly Ayotte (R-NH) is planning to offer an amendment to the National Defense Authorization Act this week that would vastly increase mandatory minimums for fentanyl. Currently, it takes 100 grams of a mixture containing fentanyl to garner a five-year mandatory minimum; under Ayotte's proposal, it would only take half a gram. The Drug Policy Alliance and Families Against Mandatory Minimums are among those opposing the move.

International

Israeli Security Minister Opposes Marijuana Decriminalization. Public Security Minister Gilad Erdan said Sunday he opposes such a move because it could increase traffic accidents and police have no way of preventing drugged drivers from getting behind the wheel. He also said that policies were already lax and the decriminalization would amount to legalization. Opposition from Erdan and Health Minister Yaakov Litzman has delayed a vote on a decriminalization bill that was supposed to take place Sunday.

Philippines President Encourages People to Kill Drug Dealers. President Rodrigo Duterte used a televised speech Saturday night to encourage citizens to shoot and kill drug dealers who resist arrest. "Please feel free to call us, the police, or do it yourself if you have the gun -- you have my support," adding, "Shoot him and I'll give you a medal." He also threatened to kill drug addicts. Duterte, the former mayor of Davao City, was reputed to have been involved with death squad killings. Apparently some Filipino voters wanted to hear that or didn't mind, since they just elected him president.

Chronicle AM: CA MJ Ticket Race Disparities Persist, Bolivians Protest New US Law, More... (6/1/16)

Two presidential candidates get "A" grades on marijuana policy, racial disparities in marijuana law enforcement persist in Los Angeles even in the age of decriminalization, Bolivians protest a new US drug trafficking law that extends Uncle Sam's reach, and more.

Bolivian coca farmers don't consider themselves drug traffickers. (justice.gov/dea)
Marijuana Policy

Marijuana Policy Project Updates Guide to Presidential Candidates, Adds Third Parties. MPP has released an updated version of its voters' guide to include Libertarian Party candidate Gary Johnson and Green Party candidate Jill Stein. Both received "A+" grades from the group. Republican presumptive nominee Donald Trump got a "C+," while the two remaining contenders, Hillary Clinton and Bernie Sanders, received a "B" and an "A," respectively. MPP called this "the most marijuana-friendly field of presidential candidates in history."

In Los Angeles, Racial Disparities in Marijuana Enforcement Persist. A new analysis from the ACLU and the Drug Policy Alliance finds that even in the era of decriminalization, blacks in Los Angeles are much more likely to be ticketed for pot possession than whites or Latinos. Although pot use was "similar across racial and ethnic lines," blacks were nearly four times more likely than whites to be ticketed and about 2 ½ times more likely than Latinos to be ticketed.

Maine Legalization Effort Gets Organized Opposition. A new coalition aimed at defeating the state's legalization initiative has formed. The group, Mainers Protecting Our Youth and Communities, says it represents parents, health experts, clergy, and police. Its spokesman is Scott Gagnon, chair of the Maine affiliate of Smart Approaches to Marijuana, the brainchild of leading pot prohibitionist Kevin Sabet.

Law Enforcement

Oklahoma Reserve Deputy Who Mistakenly Killed Drug Suspect Gets Four Years in Prison. Former reserve deputy Robert Bates, who fatally shot unarmed drug suspect Eric Harris in April 2015 after he said he mistakenly drew his handgun instead of his stun gun, was sentenced to four years in state prison Tuesday. The killing raised the veil on favoritism and corner-cutting in the Tulsa County Sheriff's Office and led to an indictment of Sheriff Stanley Glanz, who resigned last November.

International

Bolivians Reject New US Drug Trafficking Law. Political and social leaders, peasants, and coca growers rejected the new US Transnational Drug Trafficking Act, signed into law by President Obama last month. According to the Congressional Research Service, the act criminalizes the manufacture or distribution of a controlled substance "by individuals having reasonable cause to believe that such a substance or chemical will unlawfully be imported into the United States…" On Tuesday, hundreds of people marched through the city of Santa Cruz to protest the law, which they said could target coca growers, and President Evo Morales warned that Bolivia is not a US colony and added that coca is part of the country's cultural patrimony.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: ME Poll Has 55% for Legalization, Indonesia Executing More Drug Prisoners, More... (5/13/16)

A new Maine poll has majority support for legalization, Indonesia is about to execute more drug war prisoners, and more.

Marijuana Policy

Maine Poll Has Support for Legalization at 55%. A new Critical Insights tracking poll finds solid majority support for marijuana legalization six months before Maine voters head to the polls to vote on the initiative from the Campaign to Regulate Marijuana Like Alcohol. A question asking whether respondents whether they favored a law allowing marijuana to be "legalized, taxed, and regulated by adults 21 and over" got the 55%, but a second, more generic question, scored even higher at 59%. These poll results are similar to a March poll that had support for legalization at 54%.

International

Indonesia Gears Up to Execute More Than a Dozen Drug War Prisoners. Five nationals and 10 foreigners face imminent execution for drug crimes, according to local media accounts, lawyers, and activists. Last year, Indonesia attracted international condemnation for executing 12 foreigners and two Indonesians for drug crimes, but now the government of President Joko Widodo is doubling down.

Toronto Looks to Crack Down on Pot Shops. Mayor John Tory this week sent a letter to the municipal licensing committee looking for options to regulate the hundreds of pot shops that have opened in the city since the Liberals announced they were moving ahead with plans to legalize marijuana. Only two other Canadian cities, Vancouver and Victoria, both in British Columbia, have moved to regulate the dispensaries. "Left unaddressed, the number of these dispensaries will only increase," Tory wrote. "This proliferation brings with it potential health risks for individuals who patronize dispensaries where the substance for sale is completely unregulated."

Obama's Effort to Free Drug War Prisoners Hits Bureaucratic Roadblocks [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

With the sentence commutations announced last week, President Barack Obama has now cut more than 300 harsh drug war prison sentences, more than the previous six presidents combined. Thousands more could be eligible for commutations, but bureaucratic obstacles inside the Justice Department mean the clock could run out before Obama gets a chance to free them.

Thousands could go free with sentence cuts this year -- if bottlenecks are fixed. (nacdp.org)
As part of the Obama administration's emphasis on criminal justice reform and reducing the federal prison population, then Attorney General Eric Holder and Deputy Assistant Attorney General James Cole called on nonviolent federal drug war prisoners to seek clemency in April 2014.

"In 2010, President Obama signed the Fair Sentencing Act, reducing unfair disparities in sentences imposed on people for offenses involving different forms of cocaine, but there are still too many people in federal prison who were sentenced under the old regime -- and who, as a result, will have to spend far more time in prison than they would if sentenced today for exactly the same crime," said Holder at the time. "This is simply not right."

Holder noted that Obama had granted commutation to eight people serving time for crack offenses the previous December.

"The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness, and proportionality for deserving individuals who do not pose a threat to public safety. The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences," Holder said.

The mass clemency program is one of Eric Holder's sentencing reform legacies. (justice.gov)
Under Holder's criteria for clemency, low-level drug offenders who had served at least 10 years, had good conduct in prison, had no significant criminal history or connection to gangs, cartels, or organized crime, and who would probably receive a "substantially lower sentence" if convicted of the same offense today would be eligible for sentence cuts.

Of roughly 100,000 federal drug prisoners -- nearly half the entire federal prison population -- more than 36,000 applied for clemency. Many of them did not meet the criteria, but the Justice Department has reviewed nearly 9,500 that did. Of those, only the 306 have actually been granted clemency; applications are still pending for 9,115 more. (An additional 8,000 pending applications are being handled by a consortium of private attorneys, the Clemency Project.)

Many of those might not make it to Obama's desk before the clock runs out on his term because the Justice Department has stumbled in administering the program. Thousands of prisoners doing harsh drug war sentences could lose their chance for early freedom because Justice didn't get around to hiring enough people to handle the flood of applications it generated.

The situation so infuriated Office of Pardons attorney Deborah Leff, who was hired to oversee the project, that she quit earlier this year. Her resignation letter to Deputy Attorney General Sally Yates made it clear why.

Despite her "intense efforts" to do her job, Justice had "not fulfilled its commitment to provide the resources necessary ffor my office to make timely and thoughtful recommendations on clemency to the president," she wrote. "The position in which my office has been placed, asking us to address the petitions of nearly 10,000 individuals with so few attorneys and support staff, means that the requests of thousands of petitioners seeking justice will lie unheard."

It wasn't just that Justice wasn't adequately staffing the pardons office -- it had a total of 10 staff attorneys -- but Yates was overturning the pardon attorneys' recommendations and blocking the office's traditional access to the White House, Leff complained.

"I have been deeply troubled by the decision to deny the Pardon Attorney all access to the Office of the White House Counsel, even to share the reasons for our determinations in the increasing number of cases where you have reversed our recommendations," Leff wrote in her resignation letter to Yates.

US Pardon Attorney Deborah Leff resigned in frustration.
"It is essential that this groundbreaking effort move ahead expeditiously and expand," she wrote, implying that the Justice Department process was stalling justice.

The staffing problems had been apparent early on, which is why the Department turned to the Clemency Project to help out last year. But that effort, which involved some 4,000 attorneys from 30 law schools, 70 large law firms, and more than 500 small firms and solo practitioners doing pro bono work, has also been slow to get rolling.

Now, with the days slipping away and freedom for thousands in the balance, both the Justice Department and the Clemency Project are feeling the heat. White House Counsel Neil Eggleston told the Washington Post last week that many more petitions will be granted in Obama's final months and that the Justice Department has doubled the number of lawyers at the pardon office. And administration officials said that President Obama wants to see more petitions on his desk.

"The President is deeply committed to the clemency initiative. That is evident not only by the historic number of commutations he's granted to date, but by his wholesale approach to revamping the way the government approaches commutations," White House spokeswoman Brandi Hoffine said in a statement.

The Justice Department said it was working hard, too.

"The Justice Department has dedicated the maximum amount of resources allowed by Congress to the Office of the Pardon Attorney, and we have requested additional funds from Congress for each year the initiative has been in place," spokeswoman Emily Pierce said in a statement.

But it may be too little, too late for the thousands of men and women behind bars who could see freedom being waved in front of them only to vanish when the clock runs out, if things don't change quickly.

Washington, DC
United States

Chronicle AM: AAA Slams Per Se Marijuana Drugged Driving Laws, Brit College Hands Out Pill Test Kits, More... (5/10/16)

In a major study, AAA finds no scientific basis for drugged driving laws that assume impairment based on THC levels, Orlando becomes the latest city to downgrade small-time pot possession, the Ohio House approves a medical marijuana bill--but no smoking--an English university begins handing out pill test kits to students, and more.

Pill testing kits distributed by Britain's Newcastle University and its local SSDP chapter. (SSDP Newcastle)
Marijuana Policy

AAA Study: No Scientific Basis for Laws Regulating Marijuana and Driving. A new study from the American Automobile Association's Safety Foundation has found that per se limits (those that base an assumption of impaired driving on a specified level of THC in one's system) are "arbitrary and unsupported by the evidence."  Six states have  per se marijuana impaired driving laws, while nine states have zero tolerance marijuana DUID laws, and the AAA calls for scrapping them. They should be replaced by police officers trained to detect impairment, with a THC test as a back-up, the automobile club said.

Orlando "Decriminalizes" Pot Possession. The city council voted 4-3 Tuesday to adopt a revised measure that makes possession of 20 grams or less of weed a violation of city code. Police officers will have the discretion to issue civil citations instead of arresting violators. The fine is $100 for a first offense, $200 for a second,  and a third offense will generate a mandatory court appearance.  Small-time pot possession remains a misdemeanor under state law.

Medical Marijuana

Ohio House Approves Medical Marijuana Bill. The House voted 71-26 Tuesday to approve a medical marijuana bill, House Bill 523. Patients under a doctor's supervision could use marijuana oils, tinctures, edibles, and vapors, but could not smoke it, nor could they grow their own.  The bill specifies 18 conditions for which medical marijuana could be used and now goes to the Senate.  Meanwhile, activists are working to get a more patient-friendly medical marijuana initiative on the November ballot.

Harm Reduction

Maryland Governor Signs Needle Access Expansion Bill. Gov. Larry Hogan (R) Tuesday signed into law Senate Bill 97, which will allow thousands of Marylanders to access life-saving needle exchange programs.  The bill passed both chambers with overwhelming support. Maryland ranks 2nd nationally in new per capita HIV infections, and needle exchanges are a proven method of reducing and preventing new infections.

International

British University Handing Out Drug Test Kits to Students. In what as described as a first of its kind harm reduction effort, Newcastle University and the local Students for Sensible Drug Policy (SSDP) chapter have joined forces to distribute drug test kits so students can check and see if they drugs they are about to consume are safe or not.  “Although drugs are illegal, statistics suggest lots of young people still use illegal drugs, and that the prevalence of this use is even higher within student communities," said SSDP President Holly Robinson.  “We recognize the safest way to take drugs is not to take drugs but, as some individuals will always choose to take them, we believe it is important to make information and services available to minimise the risks."

Chronicle AM: Bumper Afghan Opium Crop, No Monopoly Needed for MJ Research, Says State, More... (5/5/16)

It's harvest time in Afghanistan and the poppy crop is bountiful, the State Department says UN drug treaties don't require a NIDA monopoly on research marijuana, CBD bills get signed by the governor in Alabama and go to the governor in Oklahoma, South Dakota's internal possession law is obstructing sentencing reforms, and more.

It's a bumper crop of opium poppies for Aghanistan this year. (unodc.org)
Marijuana Policy

Massachusetts Legalization Foes Attack Marijuana Potency. The anti-legalization Campaign for a Safe and Healthy Massachusetts, led by Gov. Charlie Baker (R), Boston Mayor Martin Walsh (D), and House Speaker Robert DeLeo (D), is set to make an issue of marijuana potency as it attempts to blunt support for the state's legalization initiative. It's a 21st Century version of former drug czar William Bennett's "not your father's marijuana."

Oregon To Allow Recreational Edibles Sales Beginning in June. The Oregon Health Authority issued draft temporary rules Wednesday that will allow the sale of marijuana edibles to recreational users at medical marijuana dispensaries beginning in June. Recreational pot shops aren't open yet, but adults who want to purchase marijuana have been able to do so at dispensaries. Now, they will be able to buy edibles there, too.

Medical Marijuana

State Department Says NIDA Monopoly on Research Marijuana Unnecessary. The Bureau of International Narcotics and Law Enforcement at the State Department has gone on record stating that the United States could issue multiple licenses for the cultivation of cannabis for medical and scientific purposes without violating the United Nations Single Convention on Narcotic Drugs treaty. The statement came in response to a direct request from Senator Kirsten Gillibrand (D-NY) regarding whether issuing multiple licenses to grow medical marijuana was a violation of the Single Convention. The State Department's interpretation is at odds with that of the Drug Enforcement Administration (DEA) which has always maintained that the treaty only allows a single license, which is granted to the National Institute on Drug Abuse (NIDA). This has created what is referred to as the "NIDA monopoly on cannabis," which has stalled medical cannabis research for years.

Alabama Governor Signs CBD Medical Marijuana Bill. Gov. Robert Bentley (R) Wednesday signed into law "Leni's Law," House Bill 61, which will allow the use of CBD cannabis oil to treat people suffering from debilitating seizures. The bill is named for Leni Young, a child whose family had to move to Oregon because her CBD treatment was illegal in Alabama. The family reports a dramatic reduction in seizures since using cannabis oil.

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The House Wednesday voted 69-14 to approve a bill expanding the medicinal use of CBD cannabis oils. Last year, the state approved CBD cannabis oil, but only for people under 18. This bill, which now awaits the governor's signature, removes that age restriction.

Heroin and Prescription Opioids

Connecticut Bill Would Increase Penalties for Synthetic Opioids. The legislature is considering House Bill 5524, which changes the definition of narcotic substances to include fentanyl and its derivatives. This would expose fentanyl sellers to up to 15 years in prison, as opposed to the up to seven years in prison they currently face.

Drug Policy

South Dakota's Internal Possession Laws An Obstacle to Sentencing Reform, Report Finds. Criminal justice reforms have slowed the growth of the state's prison population, but South Dakota is still locking up too many drug offenders because of a state law that makes ingestion of a controlled substance a felony. That's the bottom line of a new report issued Thursday by the Urban Institute's Justice Policy Center.

Drug Testing

Wisconsin Governor Signs Unemployment Benefits Drug Testing Order. Gov. Scott Walker (R) Wednesday signed an emergency order mandating drug testing for people seeking unemployment benefits. Those who refuse the drug test will have their benefits denied; those who fail it must undergo drug treatment and a job skills assessment in order to retain benefits. The rule will take effect when published later this week.

International

High Yields for Afghanistan's Poppy Crop This Year; Taliban Happy. Farmers and officials in Helmand Province, the heartland of Afghan opium production, are reporting high yields thanks to abundant rainfall and the cancellation of government eradication campaigns. Taliban members were taking part in return for wages and taxes, in cash or in kind, as well as recruiting new members from among the seasonal laborers who scrape the resin from the poppy pods. "We are happy that we had a good harvest this year compared with previous years," said Abdul Rahim Mutmain, a farmer in Musa Qala district. "There is no security concern for a single laborer being checked or robbed by the police," Mr. Mutmain said. "The entire district is under Taliban control and the bulk of the harvesters are Taliban." He added, "Actually, this is the Taliban regime -- you can take your narcotics anywhere or anytime you want to sell them."

Chronicle AM: ME to Vote on Legalization, AK "Pot Cafes," AL Passes CBD MedMJ, More... (5/2/16)

Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.

Coming to Maine?
Marijuana Policy

Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.

California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.

It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.

Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!

Medical Marijuana

Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.

Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.

New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Asset Forfeiture

New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.

Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.

Drug Policy

Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.

Harm Reduction

Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.

International

Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.

Chronicle AM: CT Opioids Bill Passes House, CA Drug Sentence Reduction Bill Killed, More... (4/26/16)

DC marijuana activists scored a White House meeting, Montana medical marijuana patients catch a temporary break, hemp states could be protected from federal interference, Canada just says no to decrim ahead of pot legalization next year, and more.

A Connecticut bill would provide broader access to the opioid overdose reversal drug naloxone. (wikimedia.org)
Marijuana Policy

White House Staffers Meet With DC Marijuana Activists. Adam Eidinger and Nikolas Schiller of the DC Cannabis Campaign met with White House staffers Monday and urged them to commit the administration to a marijuana policy summit at the White House. They didn't get any answers from the staffers, but Eidinger said they did get "a lot of nods, a lot of smiles."

Nebraska and Oklahoma Try Again to Derail Colorado's Pot Legalization. After being turned away by the US Supreme Court in their bid to overturn marijuana legalization in Colorado, the two neighboring states have asked to be added to another case at the US 10th Circuit Court of Appeals in Denver brought by opponents of legalization. The case consolidates two separate lawsuits brought by a group of county sheriffs and the owners of a rural property, and now, Nebraska and Oklahoma hope it will include them, too.

Medical Marijuana

Iowa CBD Medical Marijuana Expansion Bill Killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana Supreme Court Delays Enforcement of Medical Marijuana Rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Hemp

Senate Committee Approves Amendment to Block Federal Interference With Hemp. Sens. Jeff Merkley (D-OR) and Ron Wyden (D-OR) offered an amendment to the Senate Commerce, Justice, and Science appropriations bill that would prevent the federal government from interfering with implementation of state hemp laws, and the Appropriations Committee passed it last Friday. More than half the states have laws allowing farmers to cultivate hemp, but they faced the prospect of the DEA taking action against them. That will end if the amendment survives the rest of the appropriations process.

Heroin and Prescription Opioids

Connecticut House Passes Comprehensive Opioid Bill. The House Monday unanimously approved House Bill 5053, which would widen access to the overdose reversal drug naloxone, put a seven-day cap on first-time opioid prescriptions, strengthen the prescription monitoring program, provide a release from liability for Good Samaritans who administer naloxone, and add staffing for emergency medical care and the Alcohol and Drug Policy Council. The bill now goes to the Senate.

Sentencing

California Bill to Reduce Drug Sentences Fails. A bill to repeal sentencing enhancements for certain drug offenses died in the Senate Monday after some senators warned that it would favor drug dealers. The measure, Senate Bill 966, filed by Sen. Holly Mitchell (D-Los Angeles), would have repealed a law that adds three years in prison for people convicted of drug distribution offenses if they have previously been convicted on similar charges. All Republican members voted against it, as did three Democrats, while five more Democrats abstained. The bill lost 18-16.

International

Canada Will Not Decriminalize Marijuana Possession Ahead of Legalization. The Liberal government has made it clear that it will not move to end marijuana possession arrests ahead of its push to legalize marijuana, which it said it will undertake next year. "The current provisions of the CDSA [Controlled Drugs and Substances Act] regarding marijuana will remain in place until they are replaced by new legislation that will legalize and strictly regulate marijuana, Ian McLeod, a spokesperson for the Ministry of Justice, said. "Marijuana will not be decriminalized prior to legalization."

Beyond UNGASS: Looking Toward 2019 [FEATURE]

The United Nations General Assembly Special Session (UNGASS) on Drugs is set for UN Headquarters in Manhattan next week, and civil society and some European and Latin American countries are hoping to make limited progress in moving toward more evidence- and public health-based drug policies. But, knowing the glacial pace of change at the UN and well aware of how little of substance is likely to emerge from the UNGASS, some eyes are already turning to the post-UNGASS international arena.

UNGASS is coming... and then what? (Creative Commons)
Hopes for more forward movement at the UNGASS, always tentative and facing opposition from global drug war hardliners such as Russia, China, and Singapore, were effectively dashed at the run-up meeting of the Commission on Narcotic Drugs (CND) meeting last month in Vienna, whose outcome document was described as "quite awful" by leading Canadian drug policy expert Donald MacPherson.

The outcomes document includes some minor progressive movement, but does not challenge the trio of treaties that form the legal backbone of global drug prohibition, while its embrace of "flexibility" emboldens regressive, repressive measures (the death penalty for drug offenses, forced "treatment," criminalization of drug users) in hard line countries, despite being helpful for progressive reforms around the edges of the treaties' prohibition.

MacPherson was one of a handful of international drug policy experts and elected officials who took part in a teleconference last week organized by StoptheDrugWar.org (publisher of this newsletter), a US-based group that has been deeply involved in civil society organizing around the UNGASS. He wasn't the only one looking beyond 2016.

Mexican Senator Laura Angelica Rojas Hernández, chair of the Senate Committee on Foreign Affairs and International Organizations, called this year's UNGASS poses "a step" toward examining the objectives of the 2009 Political Declaration and Action Plan on drugs, which will be reviewed in 2019. While the CND outcomes document had good language around the need for embracing multiple approaches, such as public health, human rights, gender, and prevention, it also includes serious shortcomings, she said.

Mexican Senator Laura Angelica Rojas Hernandez (pan.senado.gob.mx)
"There is a lack of recognition of the relative efficacy of demand reduction and harm reduction policies and the absence of an acknowledgement of the high costs that the prohibitionist and punitive approaches have generated," the senator said.

Mexican senators know all too well the high costs of drug prohibition. For the past decade, the country has been battered by brutal prohibition-related violence that has left at least 100,000 dead, tens of thousands more "disappeared," a legacy of human rights abuses by soldiers and police fighting the cartels, and the legitimacy of the state severely weakened.

"The international community should continue to work toward the establishment of indicators that could help measure the impact of drug policies on people's lives and their rights," Rojas said, suggesting this could still happen at the UNGASS.

But she was also looking down the road.

"Something that should be placed on the table in 2019 is a thorough review of the three conventions on drug control that acknowledges the highly detrimental effects of the current approaches," she said. "And we should be more honest about the so-called flexibility of implementation offered by these treaties and acknowledge that there should be a wider range of action for countries to define their own drug policies, taking into consideration their national and cultural context."

Canadian drug policy expert Donald MacPherson (cssdp.org)
Both Rojas and Canada's MacPherson called for some sort of expert mechanism to guide policymakers eyeing the 2019 meeting.

"Organizations and even some governments are beginning to call for a mechanism post-UNGASS to get real with the modernizing of the treaties," MacPherson said, reflecting frustration with the UNGASS process and prospects. "It's really important that UN member states speak strongly for the need for that mechanism, whether it's an expert committee or some other sort of group. And it needs to happen now -- the next three years are critical coming up to 2019. We really do need to have that process in place to [counter] the kind of intransigence of other countries that use the consensus-based model to hold progress ransom."

"The international community should examine the possibility of establishing an analysis mechanism as a working group of experts, for example, with a mandate to formulate recommendations aimed at the modernization of the international system of drugs for the 2019 review process," Rojas added. "And from a longer-term perspective, we need to see the creation of a special office within the UN Human Rights Council, to follow up and monitor the respect of human rights in the context of the enforcement of the drug policies."

The UNGASS hasn't even gotten here yet, and interested observers are already looking past it. Welcome to politics at the United Nations where most things happen at a snail's pace. The global drug prohibition consensus may be crumbling, but it is crumbling very slowly at the level of international conventions and institutions. The work continues.

[A follow-up story on prospects for marijuana legalization in Canada and Mexico will highlight remarks during the teleconference by Canadian Member of Parliament Nathaniel Erskine-Smith, Aram Barra of Mexico United Against Crime, and StoptheDrugWar.org executive director David Borden.]

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