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Flailing Trump Pivots to Drug Policy, Demands Hillary Drug Test, Pivots Away Again [FEATURE]

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

Reeling from allegation after allegation of sexual misconduct, Republican presidential contender Donald Trump tried to go on the offensive on drug policy over the weekend, but in a manner typical of his campaign, he touched only briefly on the topic before flying off on new tangents, and he began his drug policy interlude with a bizarre attack on Hillary Clinton.

Donald Trump talks drugs. (Gage Skidmore/Wikimedia)
At a speech at a Toyota dealership in Portsmouth, New Hampshire, Saturday, the GOP candidate claimed that Clinton was on performance-enhancing drugs before their last debate and suggested drug tests were in order.

"Why don't we do that?" he demanded, adding that Clinton was likely "getting pumped up" as the prepared for that debate.

"We should take a drug test prior cause I don't know what's going on with her. But at the beginning of last debate, she was all pumped up at the beginning and at the end it was like, oh take me down. She could barely reach her car," he claimed.

The claim didn't come out of nowhere. Trump was echoing an ad from two weeks ago from the pro-Trump super PAC Make America Number 1 that showed Clinton coughing and then stumbling to her van on the morning of September 11. The super PAC is bankrolled by Trump backer and big time conservative donor Robert Mercer, who dropped $2 million on the PAC in July.

The unfounded allegation of Clinton pre-debate drug use and the demand for a drug test grabbed media attention, but if Trump was attempting to turn a corner and shift the campaign's focus away from his peccadillos, his strange accusation against Clinton only served to raise more questions about his temperament and suitability for the nation's highest office.

Trump wanted Hillary Clinton to submit to a pre-debate drug test. (Wikimedia)
And it virtually smothered any discussion of actual drug policy proposals Trump made during the speech. While Trump has obliquely addressed the heroin and prescription opioid problem in the past, Saturday's speech was the first time he tried to put any flesh on his proposals for dealing with it.

If anyone were paying attention to the policy details amidst all the racket about the drug test challenge, they would have heard drug policy proposals rooted squarely in the failed drug war strategies of the last century.

Trump would, he said, block drugs from coming into the US by -- you guessed it -- building the wall on the Mexican border. He would also seek to tighten restrictions on the prescribing of opioids. And he would reinstitute mandatory minimum sentences for drug offenders.

"We have 5 percent of the world's population but use 80 percent of the prescription opioids," Trump said, eerily echoing former rival Jeb Bush, who used the same language while campaigning in the state earlier this year.

That statistic is aimed at showing that the US is over-prescribing narcotic pain killers, but according to the World Health Organization, the actuality is that in much of the rest of the world, they are underprescribing them. In fact, the WHO said that in more than 150 countries with 83 percent of the global population, there is virtually no access to prescription opioids for relief of pain.

And the under-treatment of chronic pain isn't just a problem in India or China or Africa. According to the National Institute of Health, more than 50 million Americans suffer significant chronic or severe pain. An opioid policy that focuses only on reducing prescriptions without addressing the need for access to pain killing opioids for actual pain is only half a policy.

When it comes to the border, Trump correctly asserts that Mexico is the source of most of the heroin in the US (it produces 45% itself and another 51% comes from Latin America, mostly Colombia and Guatemala, often through Mexico), but relies on a hyper-interdiction policy ("build the wall") to thwart it. Interdiction -- blocking the flow of drugs into the country -- has been a pillar of US drug policy for decades, but despite massive border build ups and the doubling of the number of Customs and Border Patrol agents in the past 15 years, the drugs still flow.

Long after their popularity wanes, Trump calls for new mandatory minimum sentences for drug offenders. (
Interdiction hasn't done the trick so far, and there is no indication that even a Trumpian wall would make a difference. The creativity of drug smugglers is legendary, and the economic incentives under drug prohibition are great. As the saying goes, "Build a 50-foot wall, and they'll bring a 51-foot ladder" (or a tunnel).

The third component of his drug policy is a Reaganesque "lock 'em up." In his New Hampshire speech, he saluted running mate Mike Pence for increasing mandatory minimums for drug offenders as governor of Indiana.

"We must make similar efforts a priority for the nation," Trump said.

That position flies in the face of a growing bipartisan consensus that the use of mandatory minimums for drug offenses is draconian, ineffective, and harms mainly minority populations. During the Obama administration, mandatory minimum sentences have been reduced with congressional assent, and Obama himself has granted commutations to hundreds of drug war prisoners serving those draconian sentences, with little dissent.

Trump's drug policy is but a sketch, but even its vague outlines reflect outdated approaches to the issue and a quickness to resort to cheap demagoguery on the issue. Still, while there is plenty of room for discussion of his approach, Trump has apparently already left the issue behind, barely mentioning it since Saturday as he tilts at other windmills.

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

Chronicle AM: Prohibitionists Give Big Bucks to Defeat Pot Inits, Trump on Drugs, More... (10/17/16)

Million dollar donations flow to the "no" forces in Arizona and Massachusetts, the Arizona initiative is in a dead heat according to a new poll, Donald Trump talks drugs and demands Hillary take a drug test, and more.

Las Vegas casino magnate Sheldon Adelson bankrolls anti-marijuana reform efforts. (Creative Commons)
Marijuana Policy

New Arizona Poll Has Legalization in Dead Heat. A poll from Data Orbital released Friday has the Prop 205 legalization initiative in a statistical tie. The poll had support at 45%, with 44% opposed, 5% undecided, and, apparently, 6% unaccounted for. Pollster and political consultant George Khalaf said the "no" side was making gains because of heavy TV advertising in recent weeks. "It's not that good for a proposition to be this far below 50%," he said of the "yes" side. "It's not a great sign for legalization, unless they outspend (the 'no' side) in next few weeks or younger voters' turnout is larger than anticipated."

Discount Tire Kicks in $1 Million to Defeat Arizona Legalization. The Scottsdale-based Discount Tire Company has contributed a million dollars to Arizonans for Responsible Drug Policy, the group leading the "no" campaign against Prop 205. The company is the largest privately held company in the state, and has also contributed to controversial Sheriff Joe Arpaio. The "no" campaign has also seen recent large donations from Empire Southwest for $200,000 and SAM (Smart About Marijuana) Action for $115,000.

Delaware Poll Has Solid Majority for Legalization. A new poll from the University of Delaware's Center for Political Communication has support for marijuana legalization at 61%. Only 35% of respondents said they were opposed. The poll comes as state Sen. Margaret Rose Henry (D-Wilmington) says she plans to introduce a legalization bill when the legislature reconvenes.

Sheldon Adelson Kicks in $1 Million to Defeat Massachusetts Legalization. Las Vegas casino magnate and ultra-conservative philanthropist Sheldon Adelson had donated $1 million to the Campaign for a Safe and Healthy Massachusetts, which is leading the opposition to the Question 4 legalization initiative. Even with the Adelson money, however, the "yes" side has out fundraised the "no" side by a margin of two-to-one. Yes on 4 has raised more than $3.3 million, while the opposition has raised only $1.6 million.

Drug Policy

Trump Talks Drug Policy, Demands Hillary Take Drug Test. Donald Trump sketched out a policy aimed at the heroin and opioid crisis during a speech in New Hampshire Saturday, but it was largely drowned out by his call for Hillary Clinton to undergo a drug test before their next debate. Trump said he suspected she was on something during the last debate. When it came to heroin and opioids, Trump said he would solve the problem by building a wall on the Mexican border, moving to reduce the prescribing of opioid pain medications, and resorting to mandatory minimum sentences for drug offenders.


Scottish National Party Backs Medical Marijuana.Meeting at its annual national conference, the Scottish National Party backed the medicinal use of marijuana. The vote doesn't necessarily mean the Scottish government will adopt medical marijuana, and drug policy is an area specifically reserved to the UK national parliament, so that body would have to act as well.

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

Chronicle AM: MA Init Leads in New Poll, Iran Ponders End to Drug Death Penalty, More... (10/6/16)

We have Massachusetts legalization news today, Wisconsin Gov. Scott Walker gets slapped down in his bid to drug test food stamp applicants, Iran's parliament ponders ending the death penalty for drugs, and more.

It looks like another bumper opium harvest next spring in Afghanistan. (
Marijuana Policy

Another Massachusetts Poll Has Legalization Initiative Winning. A new Western New England University Polling Institute poll has the Question 4 leading a month out from election day. The poll had support at 55% among all registered voters, with 39% opposed. When it came to likely voters, the initiative's lead shrunk slightly, with 52% in support and 42% opposed.

Massachusetts ACLU Report Highlights Continuing Racial Disparities in Marijuana Arrests. Even after decriminalization, people continue to get arrested for marijuana offenses, especially if they're black, a new ACLU report has found. Black Massachusetts residents were 3.3 times more likely to get popped for pot than white ones even though they use it at the same rate. For marijuana sales offenses, the disparity was even more striking: Blacks were 7.1 times more likely than whites to get busted for peddling pot. "Racial disparities are a disturbing feature of our current marijuana policy. Black people are arrested for marijuana possession at 10 times the rate of white people in some counties -- despite the fact that black people and white people use marijuana at the same rate," ACLU Racial Justice Director Rahsaan Hall says in a prepared statement. "Taxing and regulating marijuana is an important step towards reducing the harm that current policies cause to people of color, particularly Black people, and it will generate hundreds of millions of dollars in tax revenue that can be reinvested in our communities."

Drug Testing

Federal Court Rejects Wisconsin's Bid to Drug Test Food Stamp Applicants. A federal judge in Washington has rejected a challenge from Gov. Scott Walker (R) to a federal law that blocks states from drug testing food stamp applicants. Walker had challenged the policy last year as he launched a doomed presidential bid, but the federal judge ruled that Wisconsin filed its complaint too soon, before it had actually implemented the policy, and without giving the Obama administration a chance to formally reject it.


Afghan Opium Production Expands to Near Record Levels. The UN Office on Drugs and Crime (UNODC) reported Wednesday that opium production this year to one of the highest levels on record. Illicit cultivation has expanded to nearly half a million acres, making it one of the biggest years for poppy since 1994, when the UNODC began estimating the crop size. The all-time record is about 600,000 acres, reported in 2014.

Iraqi Forces Burn ISIS Opium Poppy Crop. Iraqi security forces Wednesday burned a four square acre field planted with opium poppies belonging to ISIS in Salahuddin province. The move was described as an effort to cut ISIS financing through the opium and heroin trade. Iraqi officials said ISIS used laboratories at Mosul University to process the raw opium into heroin.

Iran Moving to End Death Penalty for Drug Offenses. One of the world's leading drug executioners may be about the change its ways. A bill that would end capital punishment for drug trafficking now has the support of a majority in the parliament. If the parliament actually approves the bill, it would have to be ratified by the Guardian Council of Islamic jurists, which has opposed any relaxation of the country's death penalty regime. But executing drug smugglers "will not benefit the people or the country," said Yahya Kamalpur, deputy head of the parliamentary legal and judicial committee. Parliament "wants to eliminate the death penalty for criminals who [smuggle narcotics] out of desperation" and replace it with long prison sentences or hard labor. We are after a scientific and not emotional solution in confronting drug smugglers," he said.

Danes to Consider Bill Easing Marijuana-Impaired Driving Rules. A bill filed in the parliament this week would the country's zero tolerance policy toward drivers with marijuana in their systems in favor of a "stepladder" approach in which the penalty for driving while impaired would depend on the level of marijuana in the driver's system. Under current law, driving with marijuana in one's system can result in the loss of a driver's license for three years. That's too much for bill sponsor Jan Jorgensen of the Liberal Party. "You can actually drive pretty well, even after having smoked hash. There is obviously a limit to how much, but we believe a minimum threshold should be introduced now," he said. "The problem is that we have punished a lot of people who have not been of any danger to traffic at all, simply because they might have smoked marijuana a fortnight ago, and it still could be measured in the blood."

Chronicle AM: DOD Could Become More Flexible on Marijuana, MI MedMJ Regs Pass, More... (9/15/16)

Defense Secretary Ashton Carter seems pretty mellow about marijuana, more workers are testing positive for illegal drugs, medical marijuana advances in Massachusetts, Michigan, and New Jersey, and more.

Employee drug use is on the rise, a major lab reports. (Creative Commons)
Marijuana Policy

Defense Secretary Hints Pentagon Could Relax When It Comes to Hiring Marijuana Users. Responding to a hypothetical question at TechCrunch's Disrupt SF event on Tuesday, Secretary of Defense Ashton Carter said the military should be more flexible when it comes to hiring people who have used marijuana or other illicit drugs. When asked if he would be willing to hire someone who "[partook] in some goodies" at Burning Man when looking for engineers, Carter replied: "It depends on what the goodies are. It's a very good question and we are changing that, in recognition of the fact that times change and generations change and by the way, laws change as respect to marijuana. In that and many other ways, we need to, while protecting ourselves and doing the appropriate things to make sure that it's safe to entrust information with people, we need to understand  -- and we do -- the way people [and] lives have changed, not hold against them things that they've done when they were younger. It's an important question and the answer is yes, we can be flexible in that regard, and we need to," he concluded.

Nebraska Marijuana Activists Begin Working on 2018. Two separate initiative campaigns, one aimed at decriminalization and one aimed at legalization, are getting underway with an eye toward making the 2018 ballot. The decriminalization proposal started signature gathering last month; the legalization campaign is awaiting approval from the secretary of state's office to begin signature gathering.

Medical Marijuana

Massachusetts Moves to Ease Medical Marijuana Access. State regulators Wednesday released draft rules that would make it easier for patients to gain access to medical marijuana. The rules would allow nurse practitioners to certify patients for medical marijuana, allow dispensaries to post prices on their websites, and allow dispensaries to deliver to patients in nursing homes, hospices, and other health care facilities. "Our goal is safety, transparency, and access for patients who need this," said Dr. Monica Bharel, commissioner of the Massachusetts Department of Public Health, which oversees the state's medical marijuana program. "This is an evolving process," Bharel said, "both in Massachusetts and nationally." The proposed rules were presented to the Public Health Council, which will give final approval, but not before a public hearing expected this fall.

Michigan House Gives Final Approval to Medical Marijuana Regulation Package. The House voted Wednesday in concurrence with last week's Senate vote approving a series of bills that would create a regulatory framework for medical marijuana that explicitly allows for dispensaries to operate. It also creates a licensing system for patients, growers, and dispensaries and establishes a 3% tax on retail sales. The package of bills now goes to the desk of Gov. Rick Snyder (R), who is expected to sign it into law.

New Jersey Governor Signs Bill Adding PTSD as Qualifying Condition. Gov. Chris Christie (R) Wednesday signed into law Assembly Bill 457, which will allow people with Post Traumatic Stress Disorder (PTSD) to use medical marijuana. The bill passed the legislature overwhelmingly a month and a half ago.

Drug Testing

Quest Diagnostics, one of the country's largest drug testing laboratories, reports that the percentage of workers testing positive for illegal drugs has been increasing for the past three years after decades of decline. Some 4% of all 11 million drug tests came back positive. Positive tests results for marijuana have increased 26% since 2011 and account for almost half (45%) of all positives. But heroin positives jumped 146% in the same period.

Chronicle AM: House GOP Wants Unemployment Drug Tests, MI Senate OKs Dispensaries, More... (9/9/16)

House Republicans unleash another drug testing for benefits campaign, marijuana legalization foes start making moves, Michigan has moved a big step closer to explicitly allowing dispensaries, and more.

House Republicans want laid off workers to have to urinate in a cup before receiving benefits. (Creative Commons)
Marijuana Policy

Alaska Approves First Permit for Retail Pot Shop. The state's Marijuana Control Board Thursday approved the first permit for a retail marijuana store. The permit went to Frozen Budz in Fairbanks. Co-owner Destiny Neade said she hoped to be open by October 1. "Now all I need is some herb," she said. The board was also considering 16 other permit applications.

California Anti-Legalization Effort Gets Big Gift from Pennsylvania Millionaire. Pennsylvania millionaire Julie Schauer has donated $1.3 million to the anti-legalization Smart Approaches to Marijuana/No on 64 campaign committee. Most of the money will be used to try to defeat the Prop 64 legalization initiative, but some will go to fight legalization campaigns in other states, too. Schauer's money made up most of the $64,000 that has gone to a separate committee opposing Prop 64. That committee has only raised $300,000, while committees supporting Prop 64 have raised more than $6 million.

Maine Police Chiefs Oppose Legalization Initiative. The Maine Chiefs of Police Association Friday formally announced its opposition to the Question 1 legalization initiative. "We're concerned about the effect (legalization) may have on the communities and the youth after looking at what's happened in Colorado," said Falmouth Police Chief Edward Tolan, incoming president of the association. "That's what prompted us to take this position as police chiefs."

Michigan Legalizers Ask Federal Court to Intervene in Signature Dispute. A day after being turned away by the state Supreme Court, the MI Legalize campaign has filed a lawsuit in federal court seeking to block the printing of state election ballots until disputed petition signatures are counted. The group handed in enough signatures to qualify for the ballot, but some of them were gathered outside a 180-day period and not counted, keeping the measure off the ballot. MI Legalize has gotten nowhere in the state courts. Ballots were supposed to be printed today.

Medical Marijuana

Michigan Senate Passes Industry Regulation Bill Allowing Dispensaries. The state Senate Thursday passed a bill that would tax and regulate medical marijuana businesses and explicitly allow for dispensaries. The bill would set a 3% tax on dispensaries' gross retail income, require licensing to grow, process, transport, and sell medical marijuana, and explicitly allow for forms of medical marijuana that include infused, non-smokable forms of the herb. The House approved much of this package almost a year ago. Now, it goes to the desk of Gov. Ricky Snyder (R).

Drug Testing

House Republicans in New Push to Drug Test Unemployment Applicants. House Republicans are pushing a new bill that would give states the option of forcing drug tests on applicants for unemployment benefits. They say the bill is needed because a Labor Department rule bars states from using a 2012 law to do so. The measure is HR 5945, sponsored by Rep. Kevin Brady (R-TX).


Canada Wants US to End Travel Ban on Residents Who Smoke Pot. The case of a Canadian man barred from entering the US because he admitted to recreational marijuana use has provoked the Canadian government to seek a re-set of US border policy. "We obviously need to intensify our discussions with our border authorities in the United States, including the Department of Homeland Security," the public safety minister, Ralph Goodale, said in an interview with the Canadian Broadcasting Corp late on Thursday. "This does seem to be a ludicrous situation," he said, noting that marijuana is legal in Washington state as well as "three or four other jurisdictions in the United States." First, though, Canada might want to work on its own border policy; it bars US pot smokers from entering the country.

Chronicle AM: MI Init Nixed, MedMJ Legal in OH, Cartels Shoot Down Mexican Chopper, More.. (9/8/16)

Alaska cannabis cafes are delayed again, Michigan legalizers strike out in court, Ohio becomes the latest medical marijuana state, and more.

Medical marijuana is now legal in Ohio, but a legal supply is still a couple of years down the road. (Creative Commons)
Marijuana Policy

Alaska Regulators Again Delay Decision on Cannabis Cafes. The state's Marijuana Control Board first issued draft rules for an "on-site consumption endorsement" for pot shops back in May, but month's later the rules haven't been finalized, and the board has now decided it will not even take up the issue again for another seven weeks. At least one board member, Brandon Emmett, accused the board of trying to avoid allowing consumption at cannabis cafes. "We can spin it however we want, but it's becoming quite apparent that there is an effort by this board to stamp out consumption anywhere other than one's home," Emmett said.

Michigan Supreme Court Nixes Legalization Initiative's Appeal. It's official: There will be no legalization initiative on the ballot in November. The state Supreme Court Wednesday denied an appeal over signature gathering rules from initiative sponsors MI Legalize. The group had sought to have signatures counted that were gathered outside a 180-day limit, but state courts, now including the highest court, have ruled against them.

Medical Marijuana

Medical Marijuana Now Legal in Ohio, But… As of today, medical marijuana is legal in the Buckeye State, but it could be years before it legally gets into the hands of patients. The state must first create a system to grow, distribute, and regulate medical marijuana. The state has 30 days to appoint a Marijuana Control Commission, which will then have 240 days to set up rules around the fledgling industry. And actually getting businesses up and running and crops in the ground will take even longer.

Heroin and Prescription Opioids

Ohio County Will Offer Immunity to People Turning in Heroin, Opioids. Hamilton County (Cincinnati) Prosecutor Joe Deters has asked for blanket immunity from prosecution for anyone turning in heroin or other deadly drugs, and Common Pleas Court Presiding Judge Robert Ruelman has agreed to the move. The move comes as the region grapples with high levels of heroin and opioid misuse.

Drug Testing

DC Private Schools Sue Over Random Drug Tests of Teachers. The Association of Independent Schools of Greater Washington has sued the District of Columbia for threatening to pull their licenses if they do not subject their teachers to "random and suspicionless" drug testing. Under a DC law, some employees in "safety sensitive" positions in "child development facilities" are required to undergo random drug tests. Some of the private schools in the association have "child development facility" licenses. Until 2013, elementary and secondary schools were exempt from the requirement, but that year, DC issued a memo requiring the schools to employ random drug testing. That's what the schools are suing over.


Mexican Police Helicopter Shot Down Over Michoacan Three police officers and the pilot were killed when suspected cartel members shot down their chopper near Apatzingan, Michoacan on Tuesday. The area has been a hotbed of cartel activity, as well as the scene of armed conflict between the cartels and (sometimes) government-supported vigilantes. This is the worst helicopter attack since May 2015, when gunmen in Jalisco brought down a military helicopter, killing ten soldiers.

Chronicle AM: Denver Pot Social Use Init Makes Ballot, Kratom Fight Gathers Steam, More... (9/6/16)

Big city Texas prosecutors are increasingly dropping small-time pot cases, a Denver social use marijuana initiative qualifies for the ballot, kratom proponents move to block the DEA effort to place it on Schedule I, and more, including lots of international items.

Denver skyline (Creative Commons)
Marijuana Policy

Texas Big City Prosecutors Are Dismissing Small-Time Marijuana Cases. Prosecutors in the state's five most populous counties -- Bexar (San Antonio), Dallas, Harris (Houston), Tarrant (Ft. Worth), and Travis (Austin) -- are increasingly dismissing small-time pot possession charges. In Ft. Worth, the number of cases dropped rose from 9% in 2011 to 25% last year. In Dallas, the number dropped rose from 18% to 41% in the same period. Travis County prosecutors Dan Hamre explained. "Jurors would look at us like we are crazy," he said. "'You are spending your time, our time and the court's time on a small amount of personal marijuana?'"

Washington State Campaign to End Marijuana Possession Felonies Underway. Under marijuana legalization via I-502, the stat legalized the possession of up to 28 grams of pot, but possession of 40 grams or more remains a felony. A petition calling on state lawmakers to fix the law is now underway. It has more than a thousand signatures in ten days, but could always use more.

Denver Marijuana Social Club Initiative Qualifies for Ballot. An initiative from the Denver Social Use Campaign has qualified for the November ballot. It would allow for the creation of "designated consumption areas" for marijuana use. Permits would be open to a broad range of businesses, and could cover a single event or be good for up to a year. Patrons would have to bring their own buds, though, since sales would not be allowed.

Medical Marijuana

Second Arkansas Lawsuit Challenges Medical Marijuana Initiative. A Little Rock attorney who is a member of NORML's National Legal Committee has filed a lawsuit seeking to knock the Arkansas Medical Cannabis Act off the November ballot. In the lawsuit, attorney Kara Benca asked the court to invalidate some 15,000 voter signatures, which would disqualify the initiative. A second initiative, the Arkansas Medical Marijuana Amendment, has also qualified for the ballot. If both pass, the won with the most votes wins.

Drug Policy

Petition Drive to Undo Making Kratom Schedule I is Underway. In response to the DEA's announcement it was moving to make kratom's active ingredients Schedule I, fans of the opioid substitute have begun a petition asking the White House to intervene. The White House must respond if the petition hits 100,000 signatures by month's end. So far, it has nearly 70,000. The American Kratom Association also says it is pondering a lawsuit to block the move.


Australia Will Legalize Medical Marijuana in November. The Therapeutic Goods Administration has made it official. The agency has now formally announced it will move medical marijuana from Schedule 9 (prohibited substances) to Schedule 8 (controlled drugs). The change will go into effect in November.

Bolivian Government Proposes Prison Time for Illegal Coca Cultivation. Vice Minister for Social Defense Felipe Caceres announced Friday that the government is proposing a bill that would make illegal coca production a crime punishable by up to three years in prison. Under current law, illegal cultivators face no prison time, only the destruction of their crops.

Colombia Attorney General Calls for Renewed Aerial Eradication of Coca Crops. Attorney General Nestor Humberto Martinez has released a report calling for a resumption of aerial spraying of coca groups with herbicides. The government ended that policy las year, citing health risks, as well as a desire to emphasize public health and human rights in its drug policies. But an expansion of coca production has the government signaling it may change its tune.

Denmark's Christiania Residents Tear Down Hash Stalls After Police Shot and Wounded. Christiania has long been the go-to place to score hash in Copenhagen, but after a known drug seller opened fire on police last week, wounding two, residents of the hippie enclave began tearing down dealers' stalls, saying they feared organized crime was moving in. "If they start building up the booths again tonight, then well, we're here tonight as well. The plan is to continue tearing them down until it works," Christiania resident Helene Schou said. "I'm not saying hash should disappear completely from Christiania, but we needed a kiosk and what we had was a supermarket."

Philippines Will Make Drug Tests Mandatory for College Students. In the latest move in President Rodrigo Duterte's murderous war on drugs, his administration has announced it will seek to make students entering college undergo drug tests beginning next year. More than 2,400 people accused of being drug users or sellers have been killed in Duterte's two months in office, and his administration has instituted broad drug testing of police and politicians, among others.

Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.


Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.


Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

License Plate from a Marijuana State? That's No Reason to Stop and Search, Fed Court Says

Drivers from pot-friendly West Coast states have long complained of "license plate profiling," claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation's east-west interstate highways pull them over on pretextual traffic stops -- going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane -- because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical marijuana state around 2008 (and ever more so since it legalized weed in 2012), drivers bearing the state's license plates have been complaining of getting the same treatment. The practice is so common and well-known along the I-80 corridor in Nebraska that Omaha lawyers advertise about it.

Now, one Colorado driver has managed to get something done about it. Peter Vasquez sued a pair of Kansas Highway Patrol officers over a stop and search on I-70 that turned up no drugs and resulted in no arrest, and on Tuesday, a federal appeals court vindicated him.

On a 2-1 vote, the 10th US Circuit Court of Appeals in Denver ruled that the two troopers violated Vasquez's constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source."

Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana.

"It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

And the troopers didn't really have much other basis for suspicion, the court noted. The troopers said their basis was that Vasquez was driving alone, at night, on a "drug corridor," from "a known drug source area," he had a blanket and a pillow in his car, the blanket might have obscured something, and he seemed nervous.

"Such conduct, taken together, is hardly suspicious, nor is it unusual," Lucero noted.

Vasquez was originally pulled over because the troopers "could not read Vasquez's temporary tag," and when that issue was dealt with, they issued him a warning ticket. What the law required, the court said, was that the troopers then end their contact with him and allow him to go on his way.

But instead, they asked him to submit to a search of his vehicle, and he declined. They then detained him for 15 minutes until a drug dog could be summoned -- another drug war tactic the US Supreme Court deemed unconstitutional in April. The drug dog found nothing, and Vasquez was then released.

The troopers may have been done with Vasquez, but he wasn't done with them or what he saw as their unlawful conduct. He filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures.

The case had been thrown out in federal district court, but Tuesday's decision revives it. It also sets legal precedent for the entire 10th Circuit, meaning that cops in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming can't pull you over and search you just because you have a pot-state license plate.

Kansas officials say they plan to appeal to the 10th Circuit's full bench, though, but for now, at least, it's the law.

Denver, CO
United States

Chronicle AM: WA Legal MJ Sales Top $1 Billion, AR Welfare Drug Testing Flop, More... (8/5/16)

Arizona legalizers fight a lawsuit aimed at knocking them off the ballot, Washington rakes in the tax revenue from legal pot, asset forfeiture is in the news in California and New York, and more.

Arkansas forced 800 welfare applicants to do drug screens, one came up dirty. (Wikimedia/Creative Commons)
Marijuana Policy

Arizona Legalization Campaign Wants Lawsuit Tossed. The group behind the state's legalization initiative has asked a judge to throw out a lawsuit filed by foes seeking to keep the measure off the November ballot. The Campaign to Regulate Marijuana Like Alcohol argued that the effort is more about politics and ideology than ensuring state law is followed. Foes argued that the ballot measure's summary language does not describe everything the initiative would do. Both sides will be in court a week from today.

In Face of Uproar, Oregon US Attorney Drops Federal Marijuana Charge Against Teen for One Gram of Weed. Rather than prosecute Devontre Thomas, 19, for possession of a gram of marijuana, federal prosecutors have agreed to enter him into a pretrial diversion program. The move comes after Oregon elected officials said the prosecution was overkill.

Washington State Sees Legal Marijuana Sales Push Past Billion Dollar Mark. After a sharp jump in adult sales last month as medical dispensaries were shut down, the state has now seen pot sales edge past a billion dollars, if revenue from processors and producers is included. The state has collected $273 million in excise taxes on the sales since they began two years ago.

Asset Forfeiture

California Asset Forfeiture Reform Bill Set to Move After Compromise. After discussions with law enforcement groups, state Sen. Holly Mitchell (D-Los Angeles) has amended her asset forfeiture reform bill, Senate Bill 443, so that only property seizures worth less than $40,000 would require a criminal conviction before permanent seizure. Seizures higher than that amount would not require that standard of proof. Mitchell said the compromise would allow police to preserve their ability to go after large criminal enterprises. The police groups have now dropped their opposition to the bill.

NYPD Sued for Failure to Release Asset Forfeiture Data. NYPD collected more than $6 million in asset forfeiture revenues in 2013, but is ignoring records requests for information on how it collects and distributes the cash it seizes, according to a lawsuit filed Thursday by a legal aid group representing low-income people. The group, Bronx Defenders, had submitted a public records request nearly two years, but NYPD has been unresponsive, the lawsuit alleges.

Drug Testing

Arkansas Welfare Drug Test Program Finds Hardly Any Drug Users. According to data released this week by the Department of Workforce Services, exactly one welfare applicant out of 800 has failed a drug test. Another four refused to take it, rendering them temporarily ineligible for benefits. All five taken together constitute 0.63% of welfare applicants. The one failed drug test means 0.125% of all applicants tested positive. Arkansas and other states that have enacted such laws have done so on the unspoken assumption that welfare applicants are using drugs at the taxpayers' expense, but, once again, that has proven not to be the case.

Drug War Issues

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