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US Supreme Court Rejects Florida Drug Testing Appeal

The US Supreme Court Monday declined to review a lower court ruling that found Florida Gov. Rick Scott's (R) plan to randomly drug test state employees unconstitutional.

US Supreme Court
The decision by the nation's highest court means that the ruling by the 11th US Circuit Court of Appeals finding the plan unconstitutional stands.

The drug test-happy governor had issued an executive order in March 2011 directing all state agencies to drug test new hires and randomly test current employees. But that order was challenged by the American Federation of State, County, and Municipal Employees Council 79, representing state workers.

The union argued that random drug testing was a violation of the Fourth Amendment's proscription against unreasonable searches and seizures. In its decision, the 11th Circuit generally agreed with the union, finding the suspicionless drug tests unconstitutional, but also ordered the state and the union to determine which state employees could be subjected to such testing.

The legal proscription on drug testing state employees is not complete. There are exceptions for some public safety and law enforcement workers.

But Gov. Scott's ambitious plan to foist drug testing on all state workers without cause has been squashed.

Chronicle AM -- April 17, 2014

Marijuana legalization initiatives are in the news, the NCAA ponders relaxing marijuana penalties, a vaporizer company wants to drug test its workers, and more. Let's get to it:

Marijuana Policy

New Approach Oregon Legalization Initiative Starts Signature-Gathering. Signature gathering began today for the New Approach Oregon legalization initiative. Backers need 87,213 valid voter signatures by July 3, and they say they are confident they will get them. Another initiative, Paul Stanford's Oregon Cannabis Tax Act initiative, is already in the midst of signature-gathering.

New Approach Oregon Legalization Initiative Gets $100,000 Donation from Fragrance Heir. Henry van Ameringen, heir to a fragrance fortune, has donated $100,000 to the New Approach Oregon legalization initiative.

Alaska Legalization Initiative Campaign Challenges Opponents. In a Wednesday morning press conference, supporters of the Campaign to Regulate Marijuana Like Alcohol in Alaska stood outside a downtown Anchorage office building with a giant novelty check written out to "No on 2/ Project S.A.M." for $9,015 -- the same amount of money the alcohol lobby donated to former Rhode Island Rep. Patrick Kennedy during his time in office. Kennedy is the cofounder of Smart Approaches to Marijuana, a national group that opposes marijuana legalization. The event served as a challenge to opponents of the Alaska measure -- a group collectively known as "Big Marijuana. Big Mistake. Vote No On 2" -- to show the public the science proving that marijuana is more dangerous than alcohol.

Rhode Island House Panel Hears Legalization Bill. The House Judiciary Committee heard testimony Wednesday on a marijuana legalization bill. The measure, House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. The committee took no action. Click on the link to get the flavor of the testimony.

NCAA Ponders Reducing Penalties for Athletes Who Test Positive for Pot. The NCAA is mulling a proposal to reduce the penalty for a student-athlete's positive marijuana test from a full-season suspension to a half-season, according to CBSSports.com. The site's senior college football columnist, Dennis Dodd, reported that the idea, which is likely to be approved, reflects the association's view that marijuana use is not performance enhancing.

Medical Marijuana

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) has signed Assembly Bill 726, which would allow the limited use of CBD cannabis oil as a treatment for seizures.

Major Medical Marijuana Industry Company Announces Drug Testing Program, But Not for Pot. OPenVAPE, a vaporizer manufacturer that bills itself as "the nation's largest cannabis brand," announced today that it will begin a drug testing program for employees. But the company won't test for the drug its products are designed to be used with; instead, it will only test for "dangerous drugs." Click on the link to read their press release.

Sentencing

Drug Policy Alliance Intervenes in Case of Louisiana Man Doing 13 Years for Two Joints. The Drug Policy Alliance has filed an amicus brief with the Louisiana Supreme Court in the case of Bernard Noble, who is serving 13 years in prison for marijuana possession. "Thirteen years in prison for two joints is obscene," said Daniel Abrahamson, the lead author of the brief for the Drug Policy Alliance. "The punishment is so far out of proportion to the conduct that we really can't call it 'punishment' -- it is more like torture." Louisiana has some of the toughest drug laws in the nation.

Chronicle AM -- April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol. The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD. But it doesn't do anything for other medical marijuana patients.

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries. The new law, however, only allows the moratoriums to stay in place for one year. The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas.

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda's Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles. Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society's remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Chronicle AM -- April 7, 2014

Talk about unintended consequences! Faced with a declining US market share, Mexican marijuana farmers are switching to opium poppies. Plus, AG Holder has some words about rescheduling, the Maryland decrim bill is back from the dead, it looks like 2016 for California legalization, and more. Let's get to it:

With declining US market share, Mexican marijuana farmers are switching to poppies. (unodc.org)
Marijuana Policy

Holder Says Obama Administration "Willing to Work" With Congress to Reschedule Marijuana. Attorney General Eric Holder said Friday that the Obama administration would be willing to work with Congress if lawmakers want to reschedule marijuana. Holder did not mention that the administration, and he personally, already have the statutory authority to reschedule marijuana, without needing further permission from Congress. Either way, recategorizing marijuana would not legalize the drug under federal law, but it could ease restrictions on research into marijuana's medical benefits and allow marijuana businesses to take the usual tax deductions, e.g. not pay taxes on money that has been paid out for things like rent or payroll. "We'd be more than glad to work with Congress if there is a desire to look at and reexamine how the drug is scheduled, as I said there is a great degree of expertise that exists in Congress," Holder said during a House Appropriations Committee hearing. "It is something that ultimately Congress would have to change, and I think that our administration would be glad to work with Congress if such a proposal were made." 

Okay, There Will Be No California Legalization Initiative This Year. Proponents of the last two California marijuana legalization initiatives still alive this year have thrown in the towel. Dave Hodges, proponent of the Marijuana Control, Legalization & Revenue Act (MCLR) announced today that it will not meet an April 18 signature-gathering deadline, while Berton Duzy, proponent for the revived California Cannabis Hemp Initiative (CCHI), which has received a signature-gathering extension, conceded that "We're not going to make 2014." In California, it's now all eyes on 2016.

Maryland Decriminalization Returns from the Dead, Passes House. Defying a powerful committee chairman who tried to derail a decriminalization bill by turning it into a study bill, House delegates Saturday passed House Bill 879 by a vote of 78-55. Final procedural votes on both measures are expected today, the last day of the session.

Delaware Governor "Willing to Discuss" Softer Marijuana Penalties. Gov. Jack Markell (D) is "willing to discuss" changes that would reduce penalties for the possession of small amounts of marijuana, according to a spokesman for the governor. "The governor has supported making marijuana available for medical purposes and DHSS expects to license a dispensary that can open in Delaware this year," Markell spokesman Jonathon Dworkin said in a statement. "The governor is willing to discuss changing the penalty for possession of small amounts of marijuana from jail sentences to just fines, but he would not support full legalization at this time without further studies and evidence of its consequences."

Thousands Rally at Annual Ann Arbor Hash Bash. An estimated 8,000 people gathered at the University of Michigan in Ann Arbor for the 42nd annual Hash Bash over the weekend. Police warned that people who toked up could get arrested, but that didn't seem to stop anybody. As The Detroit Free Press noted, "the event's usual plume of smoke hung over the crowd."

University of Colorado Will Close the Campus Again for 4/20. University of Colorado officials will close the Boulder campus on April 20 for the third straight year to prevent thousands of celebrants from marking the stoner holiday on campus. From noon to 6:00pm on April 20, CU faculty, students and staff will be required to show identification to enter campus. Officials brushed aside student complaints.

Medical Marijuana

Washington State Appeals Court Upholds Local Ban on Collective Gardens. The Washington Court of Appeals last week upheld the city of Kent's ban on medical marijuana collective gardens, ruling that the ordinance is not preempted by state law. The case is Cannabis Action Coalition et al. v. City of Kent et al.

Hemp

Nebraska Governor Signs Hemp Research Bill. Gov. Dave Heineman (R) last week signed into law Legislative Bill 100, which allows University of Nebraska campuses to grow hemp for research purposes. This is the first such bill to pass since Congress authorized search research when it accepted a hemp amendment to the omnibus agriculture bill this fiscal year.

Drug Testing

Michigan Suspicion-Based Welfare Drug Testing Bill Polls Well. Suspicion-based drug testing for welfare recipients has broad support across Michigan, a new poll shows. The poll, conducted by Marketing Resource Group, finds that 77% of respondents support legislation that would require the Department of Human Services to test welfare recipients suspected of using drugs, then send recipients with positive tests to rehab. House Bill 4118 has already passed the House and Senate, but was amended in the latter chamber, so it still needs another House floor vote.

Law Enforcement

California Bill Would Create Zero-Tolerance DUID Law. A bill that would make the presence of any detectable amount of any controlled substance, including prescription drugs, evidence of drugged driving has been filed in the Assembly. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Solano) is before the Assembly Public Safety Committee.

Colorado Bill Would Make Mere Drug Possession Evidence of Child Endangerment. Under a bill introduced by state Sens. Andy Kerr (D-Lakewood) and Linda Newell (D-Littleton), the mere possession or use of illicit substances would be grounds for a claim of child endangerment. Senate Bill 178 was filed April Fools' Day, but it's no joke.

International

With Declining US Market Share, Mexican Farmers Switch from Marijuana to Opium. With the wholesale price of marijuana falling -- driven in part by decriminalization or legalization in sections of the United States -- Mexican drug farmers are turning away from cannabis and filling their fields with opium poppies, according to this lengthy article from The Washington Post. That means more, cheaper heroin for the US market. Pot farming "isn't worth it anymore," one farmer complained. "I wish the Americans would stop with this legalization." David Shirk, a Mexico researcher at the University of California at San Diego, told The Post, "When you have a product losing value, you diversify, and that's true of any farmer… The wave of opium poppies we're seeing is at least partially driven by changes we're making in marijuana drug policy."

Filipino Drug Warrior Mayor Issues Shoot-to-Kill Order for Cocaine Sellers. Davao City Mayor Rodrigo Duterte, a man never known for letting human rights get in the way of his war on drugs, has issued a shoot-to-kill order against anyone selling cocaine from eight bricks of the drug still missing after police seized 64 of the one-pound packages. "Once they go out and use or sell them, they will become drug lords. I have a shoot-to-kill order, especially if they resist arrest -- if they do that, we can enforce the shoot-to-kill," Duterte said.

Jamaican Marijuana Growers Association Is Launched. A group of influential Jamaicans gathered Saturday to formally launch an association of supposed future marijuana cultivators as momentum builds toward loosening laws prohibiting pot on the Caribbean island. Some 300 people assembled at a conference center in downtown Kingston to officially launch the Ganja Future Growers and Producers Association. Among other things, the group will lobby for creation of a regulated cannabis industry on the tropical island famed for its marijuana cultivation. The government has been making some promising noises about medical marijuana and decriminalization, but there is nothing definite so far.

Chronicle AM -- April 4, 2014

Cops like to say they don't make the laws; they merely enforce them, but that wasn't exactly the case today in Louisiana, Oregon, and Washington, DC. Plus, decrim has a last hurrah in Maryland, an Alabama welfare drug testing bill passes, Vermont moves against the new pain reliever Zohydro, and more. Let's get to it:

Politicians worry about the dangers of Zohydro, but they have little to say about its benefits.
Marijuana Policy

Maryland Legislators Try to Revive Decriminalization Bill Today. An effort was underway in Annapolis Friday to revive a decriminalization bill just days after it was scuttled in committee. The effort to revive House Bill 879 is being led by members of the Legislative Black Caucus, who will try to amend the bill on the House floor. It was turned from a decriminalization bill to a study bill earlier this week in the House Criminal Justice Committee, chaired by reform foe Rep. Joe Vallario (D-Prince Georges).

Louisiana Marijuana Sentencing Reform Bill Derailed. Rep. Austin Badon (D-New Orleans) has pulled his measure to soften marijuana penalties from consideration in the House Criminal Justice Committee after testimony by the head of the Louisiana Sheriffs Association. Association executive director Michael Ranatza said sheriffs fear the bill, House Bill 14, could lead to decriminalization of marijuana. Louisiana has some of the harshest marijuana laws in the country.

Oregon State Police Withdraw from Anti-Marijuana Summit. The Oregon State Police have withdrawn from an anti-marijuana conference scheduled for later this month after the police superintendent learned the event is closed to the public. OSP was listed as a cosponsor of the summit, which includes sheriffs from Malheur and Yamhill counties, a Medford police official and law enforcement officials from Colorado, Washington and Arizona, as well as anti-drug reform groups such as Drug Watch International, Save Our Society from Drugs, and the Drug Free America Foundation.

Medical Marijuana

Ammiano Reintroduces California Medical Marijuana Regulation Bill. San Francisco Assemblyman Tom Ammiano (D) has reintroduced his medical marijuana regulation bill. The new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut Picks Locations for Six Dispensaries. Locations for Connecticut's six medical marijuana dispensaries have been selected, the state Consumer Protection Commissioner said Thursday. The facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville were authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

Drug Testing

Labor Department Says Texas Can't Make Drug Tests a Condition for Receiving Unemployment Benefits. The US Labor Department has ruled that Texas cannot enforce a law passed by the Legislature in 2013 which makes passing a drug test a requirement for some workers to get and keep unemployment compensation benefits. The law was watered down by the legislature to cover only people who are in professions where drug testing is a requirement, like truck driving and nursing. The feds say the law as it is written is too vague and it is unclear exactly what workers will qualify.

Alabama Legislature Approves Welfare Drug Testing Bill. The legislature has approved a bill that would require welfare applicants who have a drug conviction in the last five years to undergo drug testing before receiving benefits. People could keep their benefits after one positive drug test. After a second positive, the person would be ineligible for one year. The recipient would be permanently ineligible after a third positive drug test. Senate Bill 63 now goes to the desk of Gov. Robert Bentley (R).

Harm Reduction

FDA Approves Innovative New Device to Reverse Opiate Overdose. The Food and Drug Administration has approved Evzio, a handheld device containing naloxone, designed for lay people to use outside of hospital settings. When activated, the device will give verbal instructions about how to use Evzio to deliver the medication.

Prescription Opiates

Vermont Issues Emergency Rules to Restrict Access to Zohydro. Gov. Peter Shumlin (D) and state officials announced Thursday that Vermont is moving to restrict access to the new opiate pain reliever Zohydro, the first single-ingredient hydrocodone drug approved for patients in the US. New emergency rules require that prescribers of Zohydro conduct a thorough medical evaluation and risk assessment. This is only the latest move against Zohydro, which was approved by the FDA last fall -- Massachusetts Gov. Deval Patrick (D) banned it outright earlier this week and a handful of congressmen have called for the FDA to reverse its decision. But Zohydro's maker, Zogenix, said the drug is no more potent than other hydrocodone medications. The company also says it has set up a board of experts to guard against abuse of the drug and that its sales representatives are not being paid based on the volume of sales, but rather on their efforts to ensure prescribers, pharmacists and patients are educated to understand the risks and benefits of extended-release opioids Politicians have been quick to raise the alarm about possible increases in addiction and overdose deaths with Zohydro, but they haven't been nearly as quick to talk about its usefulness in addressing the needs of legitimate pain patients.

Sentencing

Who Wants to Kill Sentencing Reform? No Surprises Here. The Huffington Post reports that law enforcement groups including the National Sheriffs' Association, the International Association of Chiefs of Police, the National Narcotic Officers' Associations' Coalition, the National Association of Police Organizations and the Major County Sheriffs' Association are quietly trying to kill a bipartisan bill that would roll back tough mandatory sentences for people convicted of federal drug offenses under legislation passed during the height of America's drug war three decades ago. The bill is the Smarter Sentencing Act (Senate Bill 1410), which passed the Senate Judiciary Committee in January. Click the title link for the full story.

New Report Shows Failure of Connecticut's Sentencing Enhancement Drug Free Zones. A new report from the Prison Policy Initiative finds that Connecticut's 1,500-foot sentencing enhancement zones are so pervasive that they blanket almost all urban areas, creating an "urban penalty" that increases the sentence imposed for a given offense simply because it was committed in a city rather than in a town. The report recommends the sentencing enhancement zones be shrunk to 100 feet. This would allow the law to actually create the specially protected places as intended. Connecticut Senate Bill 259, which just passed out of the Judiciary Committee, takes a similar approach and would decrease that size to 200 feet. The report is Reaching too far: How Connecticut's large sentencing enhancement zones miss the mark." You can read it by clicking on the title link.

Chronicle AM -- March 31, 2014

Garden State municipal prosecutors say legalize it, an Arizona sheriff has to give back medical marijuana seized rom a patient, Colorado wants to crack down on high plant-count patients, Louisiana takes a resolutely last century approach to heroin, Uruguay is going to seriously track its legal weed, and more. Let's get to it:

This much heroin could get you a two-year mandatory minimum sentence under a bill being considered in Lousiana (wikimedia.org)
Marijuana Policy

New Jersey Prosecutors Say Legalize It. The New Jersey State Municipal Prosecutors Association has come out in favor of legalizing marijuana possession. The support of the prosecutors association comes as two bills were introduced this month in the legislature. The board of trustees of the municipal prosecutors association on February 21 voted to endorse legalization, said its president, Jon-Henry Barr, who is municipal prosecutor in Kenilworth and Clark.

Poll Shows Virginians Split on Legalization, Strongly Favor Medical Marijuana. A new Quinnipiac poll has Virginians narrowly opposed to legalization, with 46% in favor and 48% opposed. Medical marijuana fares much better, with support at 84%.

Wisconsin Decriminalization Bill Filed. Rep. Evan Goyke (D-Milwaukee) and 10 Democratic cosponsors have introduced a decriminalization bill, Assembly Bill 891. It has been referred to the Assembly Committee on Criminal Justice, but is not expected to go anywhere.

Wisconsin's Dane County (Madison) Votes Tomorrow on Legalization Advisory Referendum. Voters in Dane County, Wisconsin, will vote tomorrow on whether to approve an advisory referendum calling for marijuana legalization. The question was put on the ballot by County Board member Leland Pan.

Vermont Legislature Legalization Debate Killed. An effort to debate a proposal to study the impact of legalization on state revenues died in the state House. The effort came in an amendment to a miscellaneous tax bill from Rep. Kristina Michelsen (D-Hardwick), but was blocked when Rep. Thomas Koch (R-Barre Town) asked House Speaker Shap Smith to rule on whether it was germane. He ruled it wasn't.

Hundreds Rally for Marijuana Reform in Harrisburg. Supporters of medical marijuana, hemp, and decriminalization rallied by the hundreds at the Pennsylvania state capitol in Harrisburg Monday. They called it the Keystone Cannabis Reform Rally.

Medical Marijuana

US Supreme Court Denies Arizona County's Appeal; Sheriff Must Give Back Seized Medical Marijuana. The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

Oregon Has Now Approved 22 Dispensaries. The Oregon Health Authority reported 14 more dispensaries had been approved by late Friday, on top of the eight approved the previous week.The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.

Nevada Dispensary Rules Finalized. The Legislative Commission approved rules for growing, processing, and selling medical marijuana Friday. Nevada voters approved medical marijuana in 2000 but patients have had no legal way to acquire it other than to grow it. A law approved by the 2013 legislature and signed by Gov. Brian Sandoval set up a taxing and distribution system to make it accessible to patients. It could be late this year or early 2015 before medical pot is available for purchase.

California Federal Court Judge to Hear Motion on Declaring Unconstitutional Marijuana's Schedule I Classification. For the first time, a federal judge has granted a hearing on a motion to declare unconstitutional the continued classification of marijuana in Schedule I. The evidentiary hearing is currently set for June 2 before Federal District Court Judge Kimberly Mueller in Sacramento.

Colorado Health Officials Warn of Crackdown on High Plant-Count Patients. Beginning today, the state Health Department will send out letters to doctors who recommended that patients be allowed to grow elevated plant counts and the patients who benefit, requiring them to provide more documentation on the need for the extra plants. The department also unveiled a proposed bill that would strictly limit medical-marijuana caregivers -- people who grow cannabis for patients who can't grow for themselves -- to serving only five patients and growing no more than six plants per patient. Caregivers can currently apply for a waiver to serve more than five patients. The proposals did not go over well with medical marijuana supporters, with Health Department spokesmen being cursed at and called "fascists" in response.

Massachusetts Municipal Association Releases Report on State Medical Marijuana Law. The Massachusetts Municipal Association has released a report on the state's medical marijuana law, offering several suggestions for local officials trying to navigate it. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers. Municipalities, Rollins said, have the power to create zoning bylaws, ordinances, special permits or host community agreements.

Drug Testing

West Virginia Governor Signs Mining Industry Drug Test Reporting Bill. Gov. Earl Ray Tomblin (D) has approved a bill requiring employers in West Virginia's mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training. Prior to this law, which takes effect immediately, mine industry employers were only required to submit test results to the state if a miner was fired. Employers must notify the administration within seven days if an employee tests positive, refuses a urine sample, or has submitted an adulterated sample. Suspect employees will be suspended from work until they appear before a board of appeals. New hires must submit to a pre-employment urine test.

Alabama's Jefferson County (Birmingham) Suspends Employee Drug Testing Program. Mandatory, suspicionless drug testing of all new hires in Jefferson County has been suspended pending an inquiry into whether the program is unconstitutional. Ronald Sims, the court appointed receiver in charge of the county's Human Resources Department, this month halted across-the-board drug tests and medical examinations for new county workers because, Sims said, the drug tests "likely violate individuals' rights to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution."

Law Enforcement

Friends, Family of Unarmed Man Killed in Drug Raid Rally in Tulsa. Deandre Starks was shot and killed last week by Tulsa police serving a drug search warrant. On Friday, friends and family members rallied at city hall demanding answers. Starks' mother said she believed her son was murdered. Police said they fired at him after he made a threatening movement, but Vanesta Starks wasn't buying that. "But to know that my son was shot when his hands was up in the air, surrendered. He tripped over a rail and that was the body movement. I know the story. I just want to know if somebody will come tell me why," she said.

Lawsuit Charges "License Plate Profiling" by Idaho Troopers. A 70-year-old Washington man who was arrested and his car searched by an Idaho Highway Patrol trooper solely because he had Colorado plates has filed a federal lawsuit charging "license plate profiling." Both Colorado and Washington are legal marijuana states, while Idaho is one of the most reactionary on marijuana policy. Click on the link for all the tawdry details.

Sentencing

Louisiana Bill Would Jack Up Sentences for Heroin Possession, Sales. A bill moving in the legislature in Baton Rouge would drastically increase prison time for heroin users and dealers, including a mandatory minimum two-year sentence for simple possession. House Bill 332 easily passed out of the House Criminal Justice Committee last week and is attracting bipartisan support, even among lawmakers otherwise skeptical of the "tough-on-crime" policies that have been blamed for Louisiana's nation-leading incarceration rate. The bill would also double the mandatory minimum sentence for heroin distribution from five years to ten.

International

Colombia's FARC Calls for "Humanized" Approach to Drug Policy. Colombia's counterdrug policies must have "a humanized approach in the context of integral agrarian reform" negotiators for the Revolutionary Armed Forces of Colombia (FARC) said in Havana Friday. Forced crop eradication and aerial fumigation are repressive and ineffective, the guerrillas said during ongoing peace talks with the Colombian government. The FARC supports crop substation programs as long as they are "participatory, concerted, gradual, [and] environmentally sustainable."

Uruguay to Track Marijuana from Seed to Stash With Genetic Markers, RTF Tags. Uruguay's drug czar says every legal marijuana plant in Uruguay will be registered and tracked using radio frequency tags, and that state-grown marijuana will be cloned to include genetic markers, making sure that what's grown there stays there. That's a much tougher tracking system than those imposed in Colorado and Washington, which recently legalized marijuana use. Unlike those US states, Uruguay wants authorities to be able to test the pot in any drug user's possession to determine if it came from a registered, legal source.

Jamaican Marijuana Growers Call on Government to Halt Crop Destruction. At a preparatory meeting of the Ganja Future Growers and Producers Association (GFGPA) in Kingston this weekend, some participants called for an immediate end to the destruction of marijuana crops. "Please, Mr. Government, ask you police and the army to stop digging down the world number one brand ganja," Ras Arthur Newland shouted out emphatically. "We believe the persecution and the lock-up for ganja must stop immediately." That's not the official position of the GFGPA, which said it is going to concentrate on winning decriminalization first.

Chronicle AM -- March 26, 2014

Legalization initiatives get ready to advance in Oregon and Washington, DC, decrim bills move in Illinois and are filed in Pennsylvania, as do medical marijuana bills in Illinois and Maryland, another mass drug sweep in Detroit, and a world ayahuasca conference is set for the fall, and more. Let's get to it:

Marijuana Policy

Survey Finds Marijuana Legalization Popular, Initiatives Will Drive Voters to Polls. A new George Washington University Battleground poll finds that Americans strongly support medical marijuana (73%) and support decriminalization (53%), and that more than two-thirds (68%) said having a marijuana initiative on the ballot would make them "more likely" to vote. The poll did not ask a straight legalization question.

Survey Finds Americans Are Okay with Marijuana Sales, But Not So Much in Their Backyard. A new CNBC All-America Survey finds that 56% of Americans would be okay with a marijuana-selling business in their town or city -- if it were legal in their state -- but that support declines to 48% when asked about a pot-selling business "in or near your neighborhood." Click on the link for more details.

DC Legalization Initiative Ballot Language Approved by Board of Elections. The DC Board of Elections approved ballot language Tuesday for a proposed initiative to legalize marijuana. The board two weeks ago approved the initiative itself. It's not quite signature-gathering time for the DC Cannabis Campaign's initiative; the finalized ballot language will be published in the DC Register on Friday, and then there's a 10-day challenge period during which any DC registered voter can file a lawsuit in DC Superior Court objecting to the board's decision. If there's no legal challenge, the board will meet again to approve language for initiative petitions, which is expected to be nearly identical to the ballot wording. The initiative needs to gather 25,000 valid voter signatures by July 7 to qualify for the ballot.

New Approach Oregon Legalization Initiative Prepares to Start Signature-Gathering. No one has filed a legal challenge to the newest version of New Approach Oregon's legalization initiative. That means they can soon complete the paperwork allowing them to begin gathering the 87,213 signatures needed to qualify for the November ballot. An earlier version had been delayed by a ballot challenge. These aren't the only Oregon legalization initiatives; click here to read our feature story on the Oregon scene from last week.

Illinois Decriminalization Bills Win House Committee Vote. Two bills that would eliminate the possibility of jail time for small-time marijuana possession offenses passed the House Restorative Justice Committee Tuesday. House Bill 5708, is sponsored by Rep. Kelly Cassidy and would remove all criminal penalties and any possible criminal record for possession of up to 30 grams of marijuana. The other bill, House Bill 4299, is sponsored by Rep. Christian L. Mitchell and would also significantly lower penalties for a possession charge of up to 30 grams. While it would prevent arrests and jail time, a criminal offense would remain on a person's record.

Pennsylvania Decriminalization, Expungment Bills Introduced. State Sen. Mike Stack (D-Philadelphia) announced at a news conference today that he had introduced two marijuana reform bills. Senate Bill 1307 will reduce possession of less than an ounce of marijuana to a summary offense for the first two offenses and provide discretion to District Attorneys for third and subsequent offenses, and Senate Bill 1308 will make it easier for former offenders to find a job by making expungement easier. The bills are not yet available on the legislative web site.

Medical Marijuana

Illinois Bill to Add Seizure Disorders, Allow Kids to Use Wins Senate Committee Vote. A bill that would let minors and those suffering from epilepsy to use medical marijuana in Illinois has won the approval of a state Senate committee. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636, the bill now heads to the Senate floor.

Advocates Rally for New York Medical Marijuana Bill. Today, dozens of patients, caregivers and healthcare providers traveled from all corners of New York to call on the Senate to pass the comprehensive medical marijuana proposal known as Compassionate Care Act. The bill has passed the Assembly four times, was included in the Assembly's budget proposal, and has strong bipartisan support in the Senate. But senate leaders have refused to let the bill come up for a vote.

Maryland Medical Marijuana Bill Advances. A measure to reform Maryland's medical marijuana law work was approved by the Senate Judicial Proceedings Committee Tuesday. Senate Bill 923 was amended in committee to remove a cap on the number of growers in the state and include a study on how to best provide medical marijuana to veterans. It has already passed the House and now heads to the Senate floor.

Drug Testing

Minnesota Bill to Repeal Welfare Drug Testing Law Advances. A bill that would repeal a 2012 law requiring counties to drug test welfare recipients if they have a felony drug conviction in the last 10 years passed the Senate Health, Human Services and Housing Committee Monday. Senate File 1738, introduced by Sen. Jeff Hayden (D-Minneapolis) now heads for the Senate Rules Committee.

Mississippi Governor Signs Welfare Drug Testing Bill. Gov. Phil Bryant (R) has signed a welfare drug testing bill. The new law, House Bill 49, requires drug testing for welfare recipients whom state officials suspect are likely to be using drugs. The new law will help people who are "trapped in a dependency lifestyle," the governor said.

Law Enforcement

Detroit Cops Do Another Mass Drug Sweep. Police in Detroit Tuesday swept through troubled East-side and Northwest neighborhoods targeting drug sales. Operation Order March Madness, which also included state and federal law enforcement, hit drug houses and other locations where drugs are sold. It is only the latest mass drug sweep of Detroit neighborhoods in the last few months. The Detroit Police Department said the operation was an example of its "relentless pursuit to rid our streets of its criminal element and drive our city into prosperity."

New Synthetic Drugs

Nebraska Synthetic Drug Bill Advances. A bill that would ban new forms of popular synthetic cannabinoids and stimulants advanced in the legislature Tuesday. Legislative Bill 811, sponsored by Sen. Ken Schilz (R-Ogallala), won first-round approval on a 33-0 vote. It's part of Attorney General Jon Bruning's annual legislative package.

International

World Ayahuasca Conference Set for Ibiza in September. The 2014 World Ayahuasca Conference is set for Ibiza on September 25-27. Organized by the Fundación ICEERS (International Center for Ethnobotanical Education, Research and Service Foundation), the conference will bring together distinguished scientists, jurists, professionals, environmentalists, and other experts in the field of ayahuasca. It will take place in Spanish and English, with simultaneous translation. Click on the link for more details.

Ayahuasca Dialogues Needs Field Researchers in South America. The Ethnobotanical Stewardship Council's Ayahuasca Dialogues program is seeking field researchers to interview ayahuasca stakeholders in in Brazil, Colombia, Ecuador and Peru. They pay, too. Click on the title link for more information.

Chronicle AM -- March 24, 2014

Medical marijuana dominates the drug policy news today, plus a legalization bill is filed in New Jersey, welfare drug testing advances in a pair of states, the Russians halt anti-drug cooperation with the US, and more. Let's get to it:

Cannabis oil is a hot item in traditionally unfriendly legislatures (wikimedia.org/Stephen Charles Thompson)
Marijuana Policy

New Jersey Legalization Bill Introduced. State Sen. Nicholas Scutari (D-Linden) introduced a marijuana legalization bill today. The bill is not yet available online, but Scutari said it is modeled on the laws in Colorado and Washington state. "Anybody that looks at the facts, knows that the war on marijuana has been a miserable failure," Scutari said in a press release. "We're not delusional about how simple the effort would be, but I think from a standpoint of moving this state and this country forward on its archaic drug laws, I think it's a step in the right direction."

Medical Marijuana

Arizona Judge Okays Use of Medical Marijuana Extracts. A Maricopa County Superior Court judge ruled Friday that using marijuana extracts is legal under the state's medical marijuana law. The state Health Department had argued that that the law only allows patients to consume parts of the actual plant, but Judge Katherine Cooper said nothing in the law backs that conclusion.

Arkansas Attorney General Rejects Initiative Language. Arkansas Attorney General Dustin McDaniel has rejected the popular name and ballot title of a proposed medical marijuana initiative. The initiative is sponsored by Arkansans for Medical Cannabis. Another Arkansas initiative, from Arkansans for Compassionate Care, is already in the signature-gathering phase.

Iowa Lawmakers Introduce Resolution for Medical Marijuana Study. A bipartisan group of 10 Iowa lawmakers have introduced a resolution seeking a legislative interim study of the feasibility of legalizing medical marijuana in the Hawkeye State. Senate Resolution 112 now goes to the Iowa Legislative Council, which meets in June to consider requests for interim studies, which are typically completed prior to the next legislative session.

Oregon Health Authority Says No to Edibles at Dispensaries. The Oregon Health Authority last week released draft rules for dispensaries that do not allow medical marijuana edibles to be sold there. The authority said it feared edibles would be attractive to young people, but advocates said some patients need to take the drug orally.

Tennessee Medical Marijuana Bill Dead. A bill to allow for the use of medical marijuana in Tennessee is dead after sponsors reported no possibility of action on it in the state Senate. House Bill 1385, sponsored by Rep. Sherry Jones (D-Nashville) also got no respect in the House, where the Health Subcommittee heard unscheduled testimony opposing it from the Department of Health and the hearing ended without Jones being able to present an amendment to the bill and get a vote on it.

Alabama CBD Medical Marijuana Bill Passes Legislature. A bill to authorize and fund a $1 million University of Alabama study of the effectiveness of CBD cannabis oil in treating seizures has passed the Alabama legislature. Senate Bill 174 now goes to the governor's desk.

Georgia CBD Medical Marijuana Bill Dies. A bill to allow the use of CBD cannabis oil for epileptic seizures died in the legislature last week. House Bill 885 fell victim to parliamentary maneuvering as the session neared an end. After it passed the House, Senate leaders tied it to a favored autism bill and approved that, but the House never voted on the merged bill. Rep. Allen Peake (R-Macon), the bill's sponsor, vowed to try again next year.

Kentucky CBD Medical Marijuana Bill Passes House Committee. A bill to allow the use of CBD cannabis oil for children suffering seizures passed the House Judiciary Committee last week and now heads for a House floor vote. Senate Bill 124 has already passed the Senate.

South Carolina CBD Medical Marijuana Bill Advances, But With Restrictions. A bill that would allow children with epilepsy to use CBD cannabis oil won a Senate committee vote last week and now advances to the Senate floor. The Senate Medical Affairs Committee unanimously approved Senate Bill 1035, but only as part of clinical trials testing federally approved drugs.

Utah Governor Signs CBD Medical Marijuana Bill. Gov. Gary Herbert (R) has signed into law House Bill 105. The measure allows children with epileptic seizures to use CBD cannabis oil and allows their families to bring it back to the state with a neurologist's consent.

Drug Policy

Massachusetts Democratic Gubernatorial Candidate Would Consider Decriminalizing Drug Possession, But… Democratic gubernatorial candidate Juliette Kayyem said last week she would consider decriminalizing some drugs, including cocaine, in an effort to treat nonviolent drug offenders differently within the criminal justice system. "Decriminalization of marijuana has been important. I think we should consider it for other drugs, or create more drug courts so that people do not fall into the criminal justice system," Kayyem said. But she later clarified that she meant drug users should be sent to treatment, not jail.

Harm Reduction

Georgia 911 Good Samaritan, Naloxone Bill Passes Legislature. A bill that would provide a "medical amnesty" to people seeking medical attention for overdose victims has passed the Georgia legislature. House Bill 965 was also amended to include allowing for the distribution of the overdose reversal drug naloxone. It now heads for the desk of Gov. Nathan Deal (R).

New Jersey EMTs to Carry Overdose Reversal Drug. The office of Gov. Chris Christie (R) announced last week that emergency medical technicians will be able to carry and administer the overdose reversal drug naloxone. The move required a waiver of state EMT rules, which do not cover the use of naloxone. "Allowing first responders to administer Narcan [naloxone] will save lives," Christie said in a statement. "We want to encourage people to seek medical assistance when a drug overdose occurs."

Drug Testing

Georgia Food Stamp Drug Testing Bill Passes Legislature. A bill requiring food stamp recipients to undergo drug tests if state officials have "reasonable suspicion" they are using drugs has passed the state legislature on the last day of the session. House Bill 772 now goes to the desk of Gov. Nathan Deal (R) for a signature.

Michigan Senate Passes Welfare Drug Testing Bill. A bill that would require drug testing for welfare recipients if state officials suspect they are using drugs has passed the state Senate. It would set up a pilot program in three counties. The bill is part of a package of welfare drug testing bills that are still under consideration in the House.

Methamphetamine

Illinois Pseudoephedrine Prescription Bill Gets Hearing. A bill that would require prescriptions to obtain cold medications containing the meth precursor pseudoephedrine got a hearing before a Senate panel last week. Senate Bill 3502 is supported by law enforcement, but opposed by OTC drug manufacturers.

Sentencing

New Jersey Supreme Court Committee Report Urges Major Bail Reforms. The state Supreme Court has released a report from its Joint Committee on Criminal Justice calling for significant changes to the current bail system in New Jersey and enactment of speedy trial legislation. Click on the links for more details.

International

Russians Warn US Sanctions Will Halt Anti-Drug Cooperation. Russia's anti-drug agency said Friday US sanctions imposed over the Crimea crisis would wreck its cooperation with the US. "The U.S. administrations' arbitrary and ill-considered decision will, in one day, destroy our unique experience of cooperation," the agency said.

Canadian Court Rules Medical Marijuana Patients Can Keep Growing Their Own. A Canadian federal court judge has issued an injunction exempting patients already licensed to possess or grow medical marijuana from the Conservative government's new rules attempting to restrict such grows to commercial facilities. The federal government announced its plans to overhaul the production of medical pot last year, arguing the current system had grown out of control and was rife with problems ranging from unsafe grow-ops to infiltration by criminals. The injunction is only good while a lawsuit filed by patients works its way through the courts.

Bermuda Marijuana Reform Report Coming Next Month. A final report detailing local opinions on cannabis reform is to be handed in to the government by April 17, according to the Cannabis Reform Collaborative (CRC). The group has canvassed views through seven focus groups, targeting different age groups. Bermuda's marijuana laws are being appraised following a call last year by National Security Minister Michael Dunkley for a public discussion on decriminalizing the drug.

Bermuda Has Near Majority for Marijuana Decriminalization. The Bermuda National Household Survey on Drug Consumption and Health is out, and it shows that nearly 49% support marijuana decriminalization, with 41% opposed and 9% undecided.

Australian Government Toughens Penalties for New Synthetics. The Australian government said it has added four substances marketed as "synthetic LSD" to its list of drugs that attract the most serious penalties. Under the move, importers will face a minimum of two years in jail. Currently, importers pay only a fine set a three times the value of the product. The substances are derivatives of phenethylamine marketed under names like "N-Bomb."

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

Chronicle AM -- March 19, 2014

Fewer people are getting arrested for marijuana possession in Washington state after legalization -- imagine that! -- Kansas legislators want to drug test teachers, a New Jersey heroin and opiates panel has recommendations, Russell Brand goes to Vienna, and more. Let's get to it:

Russell Brand speaks out for drug decriminalization at the CND in Vienna. (wikimedia.org)
Marijuana Policy

Oregon GOP Gubernatorial Candidate Says Legalize It. Republican gubernatorial candidate Tim Carr says he favors legalizing and taxing recreational marijuana use and would spend the proceeds on helping the homeless and others in need. Carr is one of six Republicans running in the primary to determine who takes on incumbent Democrat John Kitzhaber. He's not the front-runner; that distinction goes to state Rep. Dennis Richardson.

Massachusetts Poll Has Near Majority for Legalization.A new WBUR TV poll shows increased support for marijuana legalization, with 48% in favor and 41% opposed. A Boston Herald/Suffolk University poll showed majority support for the first time. These two polls suggest that attitudes toward legalization in the Bay State have moved in a positive direction in the past year.

Washington State ACLU Reports Big Drop in Pot Arrests. Misdemeanor marijuana possession arrests plummeted last year, the ACLU of Washington reported today. There were just 120 such arrests last year after legalization went into effect, compared to 5,531 the year before. But black people are still getting arrested for pot possession more often. They're getting popped at a rate three times that of whites, the ACLU said.

National Cannabis Industry Association to Host Marijuana Business Summit. The NCIA will hold its first national conference, the Cannabis Business Summit, June 24-25 in Denver. Click on the links for more details.

Medical Marijuana

Alabama CBD Medical Marijuana Bill Advances. A bill that would study the impact of using a marijuana derivative to treat seizures is one step closer to becoming state law. Senate Bill 174 passed the House Judiciary Committee after it was amended in the Senate last week.

Drug Testing

Kansas School Teacher Drug Testing Bill Passes Senate. A bill that requires drug testing of school employees and affirms the firing of educators convicted of DUI, drug crimes, and other offenses passed the state Senate Tuesday. Senate Bill 335 was approved after Senate Democrats successfully offered an amendment that would subject members of the House and Senate to treatment requirements and financial sanctions mirroring those in state law for the unemployed or those on cash aid. The welfare drug testing law passed last year also included elected representatives, but contained no provisions for sanctioning them or requiring they seek help. The bill now goes to the House.

Heroin

Kentucky Omnibus Heroin Bill Stuck in House. A bill that would both enact harm reduction measures and crack down on heroin-selling offenses is stuck in the House Judiciary Committee. Senate Bill 5 would let drug dealers be charged with murder if the sale of Schedule I drugs results in death and increases penalties for high-volume heroin dealers. It also seeks increased Medicare funds for drug treatment, access to the overdose reversal drug naloxone, and a 911 Good Samaritan provision. The Senate passed the bill in January.

New Jersey Heroin Task Force Calls for Broad Reforms. A governor's task force on heroin and opiate use called for a wide array of reforms, saying it is "time to confront our demons." According to The Newark Star-Ledger, which obtained an advance copy, the panel's report calls for tighter prescription pill monitoring laws, changes in the state's insurance system to make treatment more available, and expanded use of drug treatment recovery communities.

Sentencing

California Bill Would Equalize Crack and Powder Cocaine Sentences. A bill filed by state Sen. Holly Mitchell (D-Culver City) would cut prison sentences for people convicted of selling crack to bring them in line with sentences for people convicted of selling powder cocaine. Senate Bill 1010 was introduced last month, but amended Monday. It is before the Senate Rules Committee.

International

In Vienna, Russell Brand Joins "Support, Don't Punish" Campaign. British actor and comedian Russell Brand spoke at the UN Commission on Narcotic Drugs in Vienna today and publicly joined forces with the Support, Don't Punish campaign to decriminalize drug possession and end the imprisonment and punishment of people who use drugs.

Senior Mexican Anti-Drug Official Resigns. Manuel Mondragón y Kalb, Mexico's national security commissioner and one of the most senior officials in charge of the country's counternarcotics fight, has resigned "for personal reasons." The National Security Commission (CNS), which falls under the Interior Ministry, was created by President Enrique Peña Nieto in January 2013 to replace the Secretariat of Public Security. The CNS, which is in charge of the Federal Police, is behind schedule in its task to create a National Gendarmerie to bolster the country's counter-narcotics fight, which is one of Peña Nieto's campaign promises.

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

Chronicle AM -- March 18, 2014

Federal drug prosecutions are declining, marijuana legalization moves forward in the Northeast, Pennsylvania counties pay for taking babies away from mothers over false positive drug tests, and more. Let's get to it:

Declining federal drug prosecutions could have an impact here. (supremecourt.gov)
Marijuana Policy

New Hampshire Legalization Bill Moves Forward. A bill to legalize and regulate marijuana like alcohol has passed out of the House Ways and Means Committee after the committee adopted an amendment to simplify the tax structure and improve regulations. House Bill 492 then got a "no pass" from the committee, but now goes to the House floor for a second vote. The House already approved the bill in January, after overturning a similarly negative recommendation from the Criminal Justice and Public Safety Committee. If it passes the House again, it then goes to the Senate.

New Jersey Legalization Initiative Bill Introduced. Assemblymen Reed Gusciora (D-Trenton) and Michael Patrick Carroll (R-Morris Plains) have introduced Assembly Bill 2842, a bill that, if approved by the legislature and signed by the governor, would put the decision on whether to legalize marijuana in the hands of the voters. The bill would legalize the possession of up to an ounce of marijuana and related paraphernalia. It does not address taxation or allow for commercial sales.

Medical Marijuana

Maryland House Passes Medical Marijuana Bill. The House Monday overwhelmingly approved a bill that would make Maryland a full-fledged medical marijuana state. House Bill 1321 now moves to the Senate.

Drug Testing

Pennsylvania County Pays for Taking Baby from Birth Mother Over False Positive Drug Test. Lawrence County Children and Youth Services has settled, for $160,000, a lawsuit filed by a woman whose child was taken away following a false positive opiate test apparently caused by pasta salad. It's not the first time, either. Last July, Jameson Hospital and Lawrence County Children and Youth Services agreed to pay $143,500 to settle a similar lawsuit filed by a woman whose infant was taken by a false positive drug test apparently caused by consumption of a poppy seed bagel. A third local case is also pending. Last week, another woman Magee-Womens Hospital of UPMC, saying a false positive drug test apparently spurred by poppy seeds in farmer's market bread resulted in an Allegheny County Children Youth and Families investigation of her family.

Drug Policy

Maine Hearing Sees Criticism of Governor's Law Enforcement-Heavy Drug Policy. The legislature's Criminal Justice and Public Safety Committee Monday heard strong criticism of Gov. Paul LePage's (R) recently announced plan to address drug problems in the state by ratcheting up law enforcement. Throughout the hearing on Legislative Document 1811, speakers also highlighted the need to balance new enforcement with drug treatment programs and additional funding for the state's corrections system.

Law Enforcement

Federal Drug Prosecutions Declining. The Transactional Records Access Clearinghouse reports that the monthly count of federal prosecutions for narcotics/drugs offenses has reached its lowest level since May 2000. The latest available data from the Justice Department show there were 1,487 new prosecutions in this category in January 2014, down 7.8% from the previous month and down 11.5% from the year before. The number observed during the most recent six month period appears to be the lowest seen since the end of the Reagan Administration.

New Synthetic Drugs

Minnesota Synthetic Drug Bills Moving. Bills that would grant the Board of Pharmacy the cease and desist authority to prevent the sale of synthetic drugs are moving forward in the Minnesota Legislature. House File 2446 has passed two committees and is now being heard in the Judiciary Finance and Policy Committee In the Senate, a companion bill was heard in the Health, Human Services and Housing Committee and passed on a voice vote. It now moves on to the Judiciary Committee.

International

Mexican Anti-Cartel Vigilantes Now Complain Government is Persecuting Them. Vigilante groups in the western state of Michoacan who rose up against the Knights Templar cartel with the tacit approval of the Mexican government now say they are being persecuted not only by criminals, but also by the government. The vigilantes complained publicly Sunday, a day after the Mexican government said it was going to "put a stop" to them. The government had bruited plans to fold them into a rural security force, but now no longer seems to need them.

Drug War Issues

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