Sentencing

RSS Feed for this category

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.]

Chronicle AM: NE Pot Politics, DEA Drug Plane Scandal, FL Forfeiture Reform Signed, More.... (4/1/16)

Marijuana politics is hopping in New England, decrim goes into effect in Tampa, the DEA gets raked for wasting tens of millions on an anti-drug plane that never flew, Florida's governor signs an asset forfeiture reform bill, and more.

Another $86 million down the drain, thanks to the DEA and it's flightless anti-drug plane.
Marijuana Policy

Maine Marijuana DUID Bill Killed. The House voted unanimously and without debate Thursday to kill LD 1628, which would have set a standard of 5 nanograms of THC per milliliter of blood to prove a driver was impaired on marijuana. The smack down of the bill came after concerns were raised that there wasn't science to support the limit. The effort is now dead at least until next year.

Connecticut Hearing on Marijuana Legalization Set for Next Week. State Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven) are hosting an information hearing on legalization next week. Candelaria is the lead sponsor of a legalization bill, House Bill 5209. The session is set for next Tuesday afternoon at the Legislative Office Building in Hartford.

Vermont House Hears Testimony on Legalization Bill. More than 50 people testified about Senate Bill 241 at a hearing at the statehouse Thursday night. The marijuana legalization bill has already passed the Senate and has the support of Gov. Peter Shumlin (D). The first House committee vote on the bill is expected next week. If the bill passes, Vermont will be the first state to have legalized marijuana through the legislative process.

Vermont Libertarian Party Calls for Legalization Bill to Include Home Cultivation. The party says "the absence of a home growing provision will limit the bill's chances to decrease the black market" and that "legalization of marijuana is NOT all about tax revenue." The party also says that legal home cultivation "will allow Vermonters to develop their cannabis cultivation skills to support an artisan cannabis industry." The legalization bill originally contained a provision for allowing up gardens of up to 100 square feet per household, but that was stripped out after powerful politicos objected.

Decrim Goes Into Effect in Tampa, Volusia County. Marijuana decriminalization ordinances approved by governing bodies in Tampa and Volusia County, Florida, earlier this year are now in effect. In Tampa, people caught with 20 grams or less will face only a $75 ticket; in Volusia County, it's 20 grams and a $100 fine.

Asset Forfeiture

Florida Governor Signs Asset Forfeiture Reform Bill. Gov. Rick Scott (R) Friday signed into law a bill designed to reform civil asset forfeiture in the state. The bill, Senate Bill 1044, had been approved unanimously by both houses. It will require the seizing agency to make a "probable cause" determination that there is "proof beyond a reasonable doubt" that the seized goods were used in a crime.

Tennessee House Approves Civil Asset Forfeiture Reporting Bill. The House unanimously approved House Bill 2176, which will require annual reporting on law enforcement agency property seizures. The Senate is expected to vote on the measure in coming day.

Law Enforcement

DEA Spent $86 Million for Anti-Drug Plane It Never Used. The DEA procured the plane seven years ago to fly surveillance and counter-narcotics missions in Afghanistan and spent $86 million to upgrade it with surveillance capabilities -- four times the initial estimated cost -- but the plane has never left the ground and will likely never fly in Asia, the Justice Department's inspector general said in a scathing report. "Our findings raise serious questions as to whether the DEA was able to meet the operational needs for which its presence was requested in Afghanistan," the review said. The plane could be ready to fly next year, but the DEA pulled out of Afghanistan last year.

Sentencing

Petitioners Urge Senate Leader Mitch McConnell to Allow Vote on Sentencing Bill. Sentencing refom activists handed in more than 30,000 petitions to Senate Majority Leader Mitch McConnell (R-KY) Tuesday demanding that he allow the Senate to vote on the Sentencing Reform and Corrections Act (Senate Bill 2123). The bill would reduce mandatory minimum sentences for some drug offenses and give judges greater discretion to sentence below the guidelines.

International

IDPC Reviews What Was and Wasn't Gained at the CND. The International Drug Policy Consortium last year elaborated five main "asks" it was seeking at the looming UN General Assembly Special Session (UNGASS) on Drugs, and now, in the wake of the Commission on Narcotic Drugs (CND) meeting in Vienna last month, produced a sort of scoresheet on the progress made. It's a worthy read.

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.

Sentencing

Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

Chronicle AM: TN Pregnant Women Drug Law Fails, AR Welfare Drug Testing Starting, More... (3/24/16)

An asset forfeiture reform bill moves in New Hampshire, Arkansas and West Virginia advance welfare drug testing, a global commission on public health calls for drug decriminalization, and more.

Medical Marijuana

Louisiana House Committee Approves Bill to Set Up Medical Marijuana Shops. The House Health and Welfare Committee Wednesday approved House Bill 446, sponsored by Rep. H. Bernard LeBas (D-Ville Platte). The bill would create a licensing scheme for the distribution of medical marijuana products. The bill now heads for a House floor vote. It must still be approved by the Senate.

More Michigan Protests Over Dispensary Raids. Dozens of patients, advocates, and supporters took to the steps of the state capitol in Lansing Tuesday to protest a new wave of raids by the Michigan State Police and local narcotics teams. Both state Sen. Coleman Young (D-Detroit) and Rep. Jeff Irwin (D-Ann Arbor) addressed the crowd.

Heroin and Prescription Opioids

Kentucky Senate Restores Funding for Heroin Fight. The Senate Wednesday agreed to restore $12 million in funding for anti-heroin efforts that had been proposed by Gov. Matt Bevin (R), but cut by the House last week. House Democrats had slashed the $32 million over two years proposed by the governor to $20 million. Now, the House and Senate will have to thrash out the difference in conference committee.

Asset Forfeiture

New Hampshire House Approves Bill to End Civil Asset Forfeiture. The House Wednesday approved House Bill 636, which would require a criminal conviction before assets could be seized and which would move seized goods from the drug forfeiture fund to the state's general fund. Gov. Maggie Hassan (D) is threatening to veto the bill, saying that because of the state's opioid crisis, this isn't the time to eliminate law enforcement resources.

Drug Policy

Hawaii Lawmakers Take Up Resolution Urging Study on Drug Decriminalization. The House Judiciary Committee today is hearing a resolution, HCR 127, that calls on the state's Legislative Research Bureau to "conduct a study on the feasibility and advisability of decriminalizing the illegal possession of drugs for personal use in Hawaii" so that it "would constitute an administrative or civil violation rather than a criminal offense." If the resolution passes both chambers, the study would be due before year's end to be ready for next year's legislative session. The study would examine Portugal's experience with decriminalization as a possible model for the state.

Drug Testing

Arkansas Welfare Drug Testing to Begin Within Days. The head of the Department of Workforce Services, Daryl Bassett, said Wednesday that the state's welfare drug testing program would get underway within "seven to 10 days." Under the program, all applicants for government aid would be screened for possible drug use and those deemed likely to have been using drugs would have to undergo drug testing. Refusal to take the drug test will result in being denied benefits for six months. Someone who tests positive can continue to receive aid if he follows treatment and recovery plans set by state officials.

West Virginia Governor Signs Welfare Drug Test Bill. Gov. Early Ray Tomblin (D) today signed into law a bill that mandates screening of all welfare applicants for drug use and drug testing those for whom case workers have "reasonable suspicion" of drug use. Applicants who fail drug tests can continue to receive benefits as long as they enroll in drug treatment and job training programs, but a second failed test could mean loss of benefits for up to a year, and a third would earn a lifetime ban.

Harm Reduction

King County Sheriff Says He Would Not Arrest Drug Users Going to Seattle Safe Injection Site. King County Sheriff John Urquhart edged ever closer Tuesday to outright support of a safe injection site in Seattle. "I guarantee you," said Urquhart, "that if you're going into a safe injection site, you will not be arrested by any of my deputies, period." But he was careful to add that while he was "intrigued" by the success of Vancouver's InSite supervised injection facility, he is not yet ready to endorse them for Seattle.

Pregnancy

Tennessee Law That Allows Assault Charges for Pregnant Drug Users Not Renewed. The state's two-year experiment with arresting pregnant drug users is about to come to an end after the legislature failed to re-authorize the law this week. At least a hundred women have been prosecuted under the program, which has been condemned by human rights, civil rights, and pregnant women's rights advocates.

International

Leading Global Health Commission Calls for Reform of Drug Policies Worldwide. A leading global public health commission is calling for new policies that would transform our approach to drug use, addiction and control worldwide, including the decriminalization of minor and non-violent drug offenses. According to a report released this morning by the Johns Hopkins Bloomberg School of Public Health and The Lancet, the war on drugs and zero-tolerance policies have undercut public health across the globe and have directly contributed to many of today's most urgent public health crises, while doing little to affect drug markets or drug use. The Johns Hopkins University -- Lancet Commission on Public Health and International Drug Policy calls for worldwide reform of drug policies, including: the decriminalization of minor and non-violent drug use, possession and petty sale; enactment of policies that reduce violence and discrimination in drug policing; increased access to controlled medicines that could reduce the risk of overdose deaths; and greater investments in health and social services for drug users. The report is based on an extensive review by the Commissioners of the published evidence, and on original analyses and modeling on violence, incarceration and infectious diseases associated with drug policies.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School