Legalization

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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.

Maryland Becomes 18th Decrim State, 21st Medical Marijuana State

With Gov. Martin O'Malley's signature today on two bills passed by the legislature, Maryland decriminalized marijuana possession and becomes a full-fledged medical marijuana state.

House Bill 881 is the medical marijuana bill. It allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.         

Senate Bill 364 makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

The Marijuana Policy Project was among groups pushing for both bills, but it isn't resting on its laurels.

“It’s time for legislators to take a long, hard look at replacing marijuana prohibition with a system in which marijuana is regulated and taxed,” said MPP legislative analyst Rachelle Yeung. “Marijuana should be sold by licensed businesses, not criminals in the underground market.”

I predict that will happen in 2017, after the next two rounds of legalization initiatives start to convince legislators that they need to hop on the bandwagon.

 

 

Location: 
Annapolis, MD
United States

Chronicle AM -- April 11, 2014

A DC marijuana legalization initiative is about to start signature-gathering, we have a trio of state pot polls, the US Sentencing Commission moves to cut drug sentences, German criminal law professors call for marijuana legalization, and more. Let's get to it:

Marijuana Policy

DC Legalization Initiative Signature Gathering to Get Underway. Signature gathering for the District of Columbia marijuana legalization initiative will begin April 23, the DC Cannabis Campaign said this week. The campaign needs 25,000 valid signatures by July 7 to qualify for the November ballot. An Alaska legalization initiative has already qualified for the ballot there; DC and Oregon now look like the best chances for more legalization initiatives qualifying for the ballot this year.

Louisiana Poll Has Support for Legalization at 44%. The 2014 Louisiana Survey has support for marijuana legalization at 44%, with 54% opposed. Support for medical marijuana was much higher, at 79%. The survey is conducted annually by the Public Policy Research Lab, or PPRL, and sponsored by the Reilly Center for Media & Public Affairs in the LSU Manship School of Mass Communication.

New Hampshire Poll Has Support for Legalization at 55%. There is solid majority support for legalization in the Granite State. A new WMUR Granite State Poll found found 55% of adults in the state support legalizing the possession of small amounts of marijuana for personal recreational use. Only 38% oppose legalization. Support for legalization is up seven points in the last 14 months.

Rhode Island Poll Has Support for Legalization at 48%. More Rhode Islanders support legalization than oppose, but it doesn't quite have majority support just yet, according to a new Brown University poll. The survey has 47.6% supporting legalization, with 39.3% opposed.

Rhode Island Report Says State Could Generate Tens of Millions in Legal Marijuana Tax Revenue. Maybe this will get those poll numbers up. A new report from Open Doors, a local criminal justice reform group, estimates that if the state were to pass a tax and regulate legalization bill, it could gain between $21.5 and $82 million in annual tax revenues. A legal marijuana industry would also create hundreds of new jobs in the state, the report found.

Medical Marijuana

Minnesota Medical Marijuana Bill Gets Senate Committee Hearing, No Action Taken. The Senate Committee on Health, Human Services and Housing held a hearing Thursday on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

Tennessee Senate Passes CBD Medical Marijuana Study Bill. The Senate Wednesday approved a CBD medical marijuana study bill. The measure would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures. A vote is pending in the House.

Drug Policy

Rev. Al Sharpton's National Action Network Convention To Address Drug War. The largest civil rights convention of the year has the war on drugs on its agenda. A panel called "Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans" will address racial justice and the war on drugs Saturday. The convention started Wednesday and continues through Monday. Click on the link for all the details.

Salvia Divinorum

Rhode Island Bill to Ban Salvia Divinorum, Jimson Weed Advances. A bill that would ban the hallucinogenic drugs salvia divinorum and jimson weed has passed the House. House Bill 7191, sponsored by Rep. Arthur Corvese (D-Providence) seeks to target unregulated substances by prohibiting them. It now goes to the state Senate.

Law Enforcement

Maine Drug War Enhancement Bill Passes House. The House approved an amended version of Gov. Paul LePage's (R) bill to respond to drug problems in the state by increasing drug law enforcement. Legislative Document 1811 was amended by the Criminal Justice and Public Safety Committee to add funding for drug treatment and reduce the number of new drug agents, prosecutors and judges to be hired, but is still opposed by groups like the ACLU of Maine. The bill now moves to the Senate.

NYPD's Most Sued Narc Is Off the Streets. Detective Peter Valentin of Bronx Narcotics is off the streets. Valentin, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

Collateral Sanctions

Missouri Could End Lifetime Food Stamp Ban for Drug Offenders. Missouri is one of only 10 states that have not opted out of a lifetime federal ban on food stamps for people with drug felonies, but that could change this year. A bill to end the ban, Senate Bill 680, passed the Senate last week and appears to have bipartisan support in the House. Bill sponsor Sen. Kiki Curls (D-Kansas City) said she accepted amendments imposing some restrictions -- retaining the ban for three-time drug felons, requiring a one-year wait for eligibility -- as necessary to move the bill forward.

Sentencing

US Sentencing Commission Votes to Reduce Guidelines for Drug Sentences. The US Sentencing Commission voted Thursday to reduce sentencing guidelines for certain people convicted of nonviolent drug offenses. The amendment would reduce the average sentence for drug traffickers by 11 months, by lowering the drug sentencing guidelines two levels. Attorney General Eric Holder endorsed the change during testimony before the commission last month. The amendment will go to Congress for its approval on May 1. Congress has six months to introduce and pass legislation to stop the proposed changes before they become law on November 1.

International

German Criminal Law Professors Call for Marijuana Legalization. Over 120 German professors of criminal law are supporting an initiative to legalize cannabis. They have called on the Bundestag to discuss the issue. The professors are part of the "Schildow Circle," founded two years ago by Lorenz Bollinger, professor emeritus of criminal law at Bremen University. Prime Minister Angela Merkel's coalition is skeptical.

Denmark Opens More Safe Injection Sites. Denmark's first safe injection site for hard drug users opened in October 2012. Now there are three in Copenhagen and at least one in each of Denmark's main cities. They have never had a fatal drug overdose on site.

Mexico Intra-Cartel Clashes Leave 28 Dead. At least 28 people have been killed in clashes between rival factions of the Gulf Cartel in northeastern Tamaulipas state since last weekend. Authorities described the fighting as "clashes or score-settling between criminal groups." The fighting comes after the February arrest of local Gulf Cartel leader Javier Garza, "El comandante 14."

Drug Bill in Australia's Capital Territory Will Ban New Drugs, Adjust Quantities That Trigger Dealing Charges. Under legislation proposed yesterday, Australia's Capital Territory (greater Canberra) will increase the quantity of drugs needed to trigger trafficking charges in a bid to separate out users from dealers. The amount of Ecstasy needed to trigger such charges would double, while the amount of cocaine would triple. The bill would also deal with new synthetic drugs by banning them, instead of regulating them, as neighboring New Zealand has done.

Chronicle AM -- April 9, 2014

Attorney General Holder was on the pot-seat in Congress yesterday, New Jersey's legalization bill looks to have an uphill battle with public opinion, there's a psychedelic conference in Massachusetts this weekend, Uruguay is going to give medical marijuana to prisoners, and more. Let's get to it:

Trip the light fantastic at a conference on psychedelics at UMass-Amherst this weekend. (wikimedia.org)
Marijuana Policy

Holder Defends Administration Response to Marijuana, But Refuses to Go Further. Facing critics from both sides of the debate, Attorney General Eric Holder yesterday defended the administration's rather laissez-faire approach to marijuana legalization at the state level, but declined to go further to please reform supporters by taking executive branch action to reschedule the herb. He was appearing before the House Judiciary Committee. Click on the link for more details and some of the repartee.

GOP Congressman Calls for Republicans to Nominate Presidential Candidate With States' Rights Position on Marijuana. Rep. Dana Rohrabacher (R-CA) said Tuesday that the Republican Party should field a presidential candidate who supports states' rights to legalize marijuana -- as part of a broader states' rights agenda that also includes scrapping the Department of Education. "I think we ought to look for a presidential candidate who will make that part of his message," he said. "Just transfer it all to the states. Now this government would have nothing to do with education, and how about, from now on, drug laws are considered criminal matters, which is what our Founding Fathers had in mind, and that is up to the states." Rohrabacher also claimed (rather fancifully, unfortunately) that "Reagan did not want to put people in jail. He did not want to militarize our county in order to stop people from smoking weed."

Poll Finds New Jersey Evenly Split on Legalization, Less Support for Actual Bill. A new Monmouth University/Asbury Park Press poll has support for legalizing small amounts of marijuana at 48%, with 47% opposed. But when asked specifically about supporting a pot legalization bill, Senate Bill 1896, recently introduced by Sen. Nick Scutari (D-Middlesex), only 36% were in favor, with 49% opposed. "Obviously, New Jerseyans are really split on the idea of legalizing marijuana and are unsure about the specifics of the Scutari proposal," said Patrick Murray, director of the polling institute.

Medical Marijuana

Supporters Rally as New Hampshire Senate Considers Home Cultivation. Supporters of cannabis for therapeutic use are rallying in Concord this morning behind a bill that would allow for a limited home cultivation of marijuana plants for qualifying patients. The bill, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Missouri House Committee Approves CBD Medical Marijuana Bill. A Missouri House committee has advanced legislation allowing the use of a cannabis extract by people whose epilepsy is not relieved by other treatments. House Bill 2238 passed the House General Laws Committee and is now set for a hearing in the House Rules Committee tomorrow.

Prescription Drugs

Prescription Drug Monitoring Bill Derailed in Oklahoma. A bill that would require doctors to check their patients' drug histories before writing narcotic prescriptions was derailed Tuesday by a House committee chairman, but sponsors expressed hope they could keep the issue alive. Rep. David Derby, chairman of the House Public Health Committee, would not let the bill be heard Tuesday during his panel's last scheduled meeting before a deadline for committee approval. He said he was concerned about several elements of the bill, including a provision that could allow the Bureau of Narcotics and Dangerous Drugs to fine physicians $2,000 for failing to check the online Prescription Monitoring Program. The measure is House Bill 3030.

Psychedelics

Psychedelic Conference This Weekend at UMass-Amherst. Psychedelic and research and policy experts will speak on issues relating to the role of psychedelics in culture, medicine and science at the Psymposium 2014: The Nature of Psychedelics conference. The conference will be held at the University of Massachusetts, Amherst on April 12 & 13 and is open to the public. Click on the link for all the details.

Law Enforcement

Another Lawsuit Filed Against Crooked Suburban Chicago Cops. Another lawsuit has been filed against the Chicago suburb of Schaumburg and three of its former undercover tactical narcotics officers, who have been accused of selling illegal drugs they seized from dealers. Xavier Neodina filed the suit Monday in federal court claiming police used falsified information to get a search warrant for his home, that he was then arrested and sexually assaulted while being held in the Cook County Jail, and the officers "intentionally schemed and worked together" to set him up. This is the fourth lawsuit filed against Schaumburg and its crooked cops. At least a dozen people convicted of drug offenses have been cleared of charges. One of the cops has been sentenced to 12 years in prison, while two others face trial later this month.

International

Uruguay to Provide Prisoners with Medical Marijuana. Prisoners in the jails of Uruguay will be able to use marijuana if a doctor says it will benefit their health. Uruguay's drug czar, Julio Calzada, told The Associated Press on Tuesday that any inmates with doctors' orders will be prescribed marijuana to improve their physical or mental health.

Medical Marijuana Expansion, Decriminalization Pass in Maryland

It was a banner day in Annapolis Monday, where legislators, working against an end-of-session deadline, managed to pass both marijuana decriminalization and medical marijuana expansion bills.

Working around obstinate reform foe Rep. Joe Vallario (D-Prince Georges), who initially detoured the decrim bill into a study bill, the legislature approved Senate Bill 364 and Gov. Martin O'Malley (D) says he will sign it.

The bill decriminalizes up to 10 grams of marijuana for adults 21 and over. A first offense will result in only a $100 citation. A second offense will result in just a $250 fine, but a third offense would require an appearance in court and possibly drug treatment.

Also on Monday, the House and Senate reached final agreement Monday on a bill that would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Two marijuana reform measures pass in one session. Too bad legalization didn't. But it is coming. 

Location: 
Annapolis, MD
United States

Chronicle AM -- April 8, 2014

The Maryland legislature passed both medical marijuana and decriminalization bills as the session ended in Annapolis, Colorado pot tax revenues aren't as high as the governor thought, the maker of the new opiate pain reliever Zohydro fights a state ban in Massachusetts, and more. Let's get to it:

Minnesota family with epileptic child testifies in favor of medical marijuana bill there. (MN House/Andrew von Bank)
Marijuana Policy

Maryland Decriminalization Bill Passes, Governor Will Sign. A decriminalization bill has now passed the legislature in Annapolis, and Gov. Martin O'Malley (D) says he will sign it. Senate Bill 364 decriminalizes up to 10 grams of marijuana for adults 21 and over. A first offense will result in only a $100 citation. A second offense will result in just a $250 fine, but a third offense would require an appearance in court and possibly drug treatment.

Maine Drug War Bill Could Result in Marijuana Legalization Referendum. Gov. Paul LePage (R) recently introduced Legislative Document 1811, a bill that would deal with the state's drug problems by adding more cops and prosecutors. The bill has run into serious opposition in the legislature, but now, two members, Sen. David Dutremble (D-Arundel) and Rep. Corey Wilson (R-Augusta) have crafted a compromise in committee that includes enforcement against high-level traffickers, increased funding for addiction treatment, and a referendum to legalize, tax and regulate marijuana put before Maine voters in 2015. The compromise is known as the "Dutrumble/Wilson minority report" and should be coming up for a vote soon.

Colorado Governor Scales Back Marijuana Tax Revenue Estimate. Gov. John Hickenlooper (D) estimated in February that the state would take in $134 million in legal marijuana taxes this year, but has now cut that estimate by more than $20 million, citing uncertainty in the market. Legislative analysts predicted last month that revenues for the year would be only $65 million. The first $40 million from excise taxes has already been designated for school construction; any remaining money will be appropriated by lawmakers.

Medical Marijuana

Maryland Legislature Passes Medical Marijuana Expansion Bill. The Maryland House and Senate reached final agreement Monday on a bill that would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Arizona Politician Faces Recall Over Blocking Medical Marijuana Research. Medical marijuana opponent Sen. Kimberly Yee (R-Phoenix) blocked funding of a study of marijuana as a treatment for PTSD in veterans. Now, activists want her to pay a price. The Phoenix NORML affiliate and the Arizona Veterans Assistance Committee have undertaken a campaign to recall Yee. They'll need to collect 18,297 signatures from Legislative District 20 by August 2.

Minnesota Medical Marijuana Supporters Try to Attach Bill to Broader Health Bill. Medical marijuana is not dead yet this year in Minnesota. A standalone bill, House File 1818, has been stalled, but supporters plan to propose it as an amendment to a separate health bill. The vote could come as early as tomorrow.

CBD Medical Marijuana Bill Could Move in Missouri. A bill that would allow the use of CBD cannabis oil by people with epileptic seizures appears to have the support of key Republicans. House Bill 2238 is backed by the Republican House speaker, majority leader, and Democratic leaders. It is also supported by a Republican senator whose son has epilepsy.

Medical Marijuana Expansion Bill Filed in District of Columbia. Councilmembers Yvette Alexander and David Gross have filed a bill that would expand medical marijuana access in the nation's capitol. The bill would permit doctors to recommend medical marijuana to patients suffering from any condition for which it provides medical benefits. Patients would then be allowed to apply to the Department of Health for acceptance in the District's medical marijuana program. Under current law, only patients with cancer, HIV/AIDS, multiple sclerosis, or glaucoma are eligible for the program.

Law Enforcement

Postal Service Seizing More Pot Packages. The US Postal Inspection Service reports that it seized 9,100 parcels containing marijuana last year, up from 7,600 in 2012, a 20% increase. The poundage seized is also up, from 42,000 pounds in 2012 to 45,000 pounds last year. Inspectors aren't sure whether it's increased resort to pot-shipping in an era of drug-hunting troopers and deputies or better enforcement -- or both -- that is responsible for the increase. Marijuana accounted for more than two-thirds (68%) of all drug-laden packages seized.

Prescription Opiates

Zohydro Maker Sues to Block Massachusetts Ban. Zogeniz, the manufacturer of the recently approved hydrocodone drug Zohydro, filed suit Monday in federal court in Massachusetts to block the state from banning it. Zogenix seeks a temporary injunction to block an executive order from Gov. Deval Patrick (D). Patrick acted to ban Zohydro as part of a public health emergency he declared in response to growing heroin and opiate addiction in the state, saying it should be banned "until [it is] determined that adequate measures are in place to safeguard against the potential for diversion, overdose, and misuse." But the ban is an "impermissible" effort by the state to set its own prescription drug policy, Zogenix argued. "It impedes the FDA's Congressional mandate to approve a range of safe treatments to promote the public health." A hearing was set or this afternoon. Stay tuned.

International

Jamaican National Council on Drug Abuse Supports Ganja Decriminalization. Jamaica's National Council on Drug Abuse supports decriminalization in the island nation -- provided there are protections for young people. "The position of the NCDA is that, given the reality on the ground, the historical use, and certainly for medical purposes, [and the fact that] the majority of the country feel that it should be decriminalized, we certainly support the approval of medicinal marijuana in Jamaica. We also think that we should consider looking at decriminalizing for private personal use and also for religious purposes," Abel said. Just keep it away from the kids, he said.

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 3, 2014

British celebrity chef Nigella Lawson is banned from the US for admitting using coke, decrim dies for the year in Maryland, CBD medical marijuana bills continue to move, the resort to the overdose drug naloxone is spreading rapidly, Guatemala's president wants to legalize marijuana and license poppies for the medical market, and more. Let's get to it:

UK celebrity chef Nigella Lawson is too scary to allow in the US because she admitted doing coke. (Brian Minkoff via Wikimedia)
Marijuana Policy

Maryland Decriminalization Bill Killed; Task Force Will Study It Instead. Marijuana decriminalization is dead for the year in Maryland after a bill to do just that -- House Bill 879 -- died without a vote in the House Judiciary Committee. Instead, the committee, led by reform foe Rep. Joe Vallario Jr. (D-Prince Georges), chose to form a task force to study the issue.

Washington State Will Issue First Marijuana Store Licenses by July, Impose Lottery System. Colorado is the only state where you can walk into a store and legally purchase marijuana, but not for long. Washington state regulators announced Wednesday that the first retail marijuana licenses will be issued "no later than the first week of July." The state has already issued licenses to eight growers. After eliminating retail license applications that did not return required documents or were incomplete, the state still has more than a thousand applications for the 334 stores it will allow to open, so it is imposing a lottery system to determine who gets those licenses.

Northern Mariana Islands Senate Ponders Legalization. The Senate of the Commonwealth of the Northern Mariana Islands, a US protectorate, discussed the possibility of legalizing marijuana Wednesday. The Fiscal Affairs Committee touched on legalization when discussing a decriminalization bill, and committee member Sen. Pete Reyes (IN-Saipan) said members had asked the Senate legal counsel to research Colorado's legalization model. "Yes, the committee is tinkering with the idea, whether it's a good idea to legalize it or not. But nothing is final. Nothing is decided," Reyes told The Saipan Tribune.

Medical Marijuana

New Jersey Patient Sues NJ Transit for Denying Him a Job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

Illinois Senate Passes CBD Medical Marijuana Bill. A bill that would allow children to use high-CBD cannabis oil to treat epilepsy passed the Senate Wednesday. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Minnesota TV Ad Attacks Gov. Dayton for Opposing Medical Marijuana. Patients and medical marijuana advocates have unleashed an aggressive TV ad targeting Gov. Mark Dayton (DFL) for standing in the way of medical marijuana legislation. The ad features a St. Paul mother and her seizure-ridden child, whom Gov. Dayton told to just find medical marijuana on the street!

South Carolina House Passes CBD Medical Marijuana Bill. The House Wednesday passed a bill allowing people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

Harm Reduction

Louisiana House Committee Passes Bill to Allow Overdose Reversal Drug. The House Health and Welfare Committee Wednesday passed a bill that would allow first responders to provide the overdose reversal drug naloxone (Narcan). House Bill 754 now heads for a House floor vote.

Every Cop in New York Will Carry Overdose Reversal Drug. Under a new initiative announced today by Attorney General Eric Schneiderman (D), every state and local law enforcement officer in the state will be able to carry with them the overdose reversal drug naloxone (Narcan). The Community Overdose Prevention program will provide police with kits containing two syringes filled with naloxone, two inhalers of the drug, sterile gloves and a booklet on using them. The cost of the kit is roughly $60. Each has a shelf life of about two years.

Some New Jersey Cops to Carry Overdose Reversal Drug. Police throughout Ocean and Monmouth Counties soon will be armed with a drug that can save heroin users from fatal overdose, launching a program officials hope will be adopted statewide in New Jersey. All 32 Ocean County police departments are participating in a pilot program backed by Gov. Christie, who said Wednesday that equipping police with the drug, naloxone (Narcan), would help save lives.

Sentencing

Louisiana House Passes Harsh Heroin Sentencing Bill. The House voted 96-0 Wednesday in favor of a bill that imposes mandatory minimum prison sentence for heroin possession and increases sentences for heroin dealers. But first, it amended House Bill 332 so that, in addition to prison time, heroin users would also have to undergo court-approved drug treatment. Under the bill, heroin possessors would have to do at least two years in prison, while dealers would see their mandatory minimum sentence doubled from five years to 10. The bill now goes to the Senate.

International

Mexican Drug War Victims Criticize Lack of Progress on Tens of Thousands of Cases. Families of drug war victims who were hoping to see concrete policy shifts with the change of administrations a year and a half ago are growing impatient with the lack of progress on tens of thousands of cases of murders and disappearances. An estimated 100,000 Mexicans have been killed since former President Felipe Calderon turned drug prohibition policies into a militarized offensive. The whereabouts of another 26,000 are unknown. They are Mexico's "disappeared". Some are believed to have been kidnapped by criminals, others have vanished after being taken into police custody. Click on the link for the full report.

Guatemalan President Will Present Plan to Legalize Marijuana and License Opium Production. Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. See our news brief today for more detail.

Albanian Cops Try Persuasion in Marijuana-Growing Village. Albanian Police peacefully visited the village of Lazarati this week in a bid to get school children to persuade their parents not to grow marijuana there. Lazarati is described as "a paradise for cannabis growers and criminals," and has been a no-go zone for police for nearly two decades. Villagers in the past have created armed groups to fend off eradication efforts, and even the kids didn't seem too keen on giving up the trade. "If you tell us to convince our parents not to grow cannabis, do you guarantee us that you will provide jobs for them? This is our way of life," one student replied.

British Celebrity Chef Nigella Lawson Denied Entry to US Over Cocaine Use Admission. Nigella Lawson was stopped from boarding a flight from London to the US because of her courtroom confession that she used cocaine. Lawson was never charged with a criminal offense over her confession, but the US can deny travel to foreigners who have committed offenses without being charged.

Guatemalan President Will Present Plan to Legalize Marijuana, Opium Production

Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. His comments came in an interview with Reuters.

Guatemalan President Otto Perez Molina (user surizar via wikimedia.org)
Perez, a conservative and former general, has been a harsh critic of the US-led war on drugs in Latin America, repeatedly denouncing such policies at international forums. He has also previously mentioned the possibility of moving to legalize marijuana and opium production, but has yet to put forward a concrete plan to do so.

But a presidential commission has been studying the issue of reforms in the country's drug laws, and Perez told Reuters he expected the commission to make its recommendations by October and that the measures could be presented by year's end. That could include a bill to legalize drugs, particularly marijuana, Perez said.

"The other thing we're exploring... is the legalization of the poppy plantations on the border with Mexico, so they're controlled and sold for medicinal ends," Perez said. "These two things could be steps taken on a legal basis."

While Afghanistan is by far the world's largest opium producer, accounting for nearly 90% of global production, poppies are also grown in the Western hemisphere -- in Mexico and Colombia, as well as Guatemala. Western hemisphere opium accounts for most of the heroin consumed in the United States.

Perez is keeping a careful eye on his northern neighbor, too. Mexico decriminalized drug possession in 2009, but has been loath to take further steps to end the drug war there, although there are now proposals afoot to legalize marijuana. Meanwhile, Mexican drug trafficking organizations, under pressure in their home country, have expanded their operations in Guatemala and other Central American nations.

Guatemala City
Guatemala

Pew Poll Reveals Seismic Shift in Drug Policy Attitudes [FEATURE]

A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.

rethinking...
Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.

Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.

"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.

More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.

"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."

http://stopthedrugwar.org/files/pew-mandatory-minimums-poll.jpg
The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.

And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.

Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).

At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.

And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.

Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.

"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."

"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.

While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.

"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."

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