Decriminalization

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Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

Book Review: "Marijuana: A Short History" by John Hudak

Marijuana: A Short History by John Hudak (2016, Brookings Institution Press, 217 pp., $14.95 PB)

Marijuana is going mainstream, as evidenced by the spread of medical marijuana and now outright legalization, not to mention its pervasive and increasingly favorable position in popular culture. In the past 20 years, support for legalization has grown from a distinct minority position to a majority one, and now, after November's elections, more than half the states have approved medical marijuana and nearly one out of six Americans lives in a state where it is legal.

Marijuana is now also big business, with industry watchers estimating the size of the legal market at around $20 billion by 2020. There's one problem with such rosy scenarios, though: Pot remains illegal under federal law.

That's a big problem for John Hudak, a senior fellow in governance studies at the Brookings Institution with a keen professional interest in public policy implementation, legislative-executive relations, and marijuana policy. In Marijuana: A Short History, Hudak takes marijuana legalization as pretty much a given -- provided it isn't screwed up too badly in implementation -- and sees federal marijuana prohibition largely as an obstacle to getting pot policy right.

He sketches out the strange place we now find ourselves, with a booming industry enriching state tax coffers at the same time it remains federally illegal, and a federal government largely turning a blind eye to the violations of federal law -- at least for now -- while at the same time refusing to allow that industry the banking privileges and tax breaks provided to legal businesses. Meanwhile, marijuana sellers become Chamber of Commerce members in some states and prison inmates in others.

Hudak describes the growing tension between legalization in the states and federal prohibition as challenging federal authority while also hampering the efficient functioning of the marijuana industry. In his view, we're now in a sort of "worst of both worlds" status quo:

"The resulting situation in the United States may be worse than either national legalization or national prohibition. Legal realities are loosely defined by executive branch guidance and suggestions from the administration. This guidance fails to answer important questions and oftentimes creates new ones. States are constantly asking the federal government how to deal with many of the problems they face; the answers are almost always insufficient. Members of Congress have proposed solutions to some of the biggest challenges facing states, industry actors, and consumers, but that legislation is not acted on."

"The reality is that the state of American law at the start of 2016 is absolutely untenable and is inconsistent with American principles of fairness and equal treatment. Federal officials must commit themselves to coherent, comprehensive, and sensible marijuana policy. Until they do, the system will be arbitrary and unjust, and policy will be ineffective."

Now, at the start of 2017, the tensions Hudak highlights are even more acute, and the November elections brought them to the fore. At the same time the legal recreational market quintupled in size with victories in California, Maine, Massachusetts, and Nevada, the nation elected Donald Trump, whose attorney general pick, Alabama Sen. Jeff Sessions, is an avowed foe of legalization and drug law reform in general.

Trump himself has said he favors letting the states experiment, but the billion-dollar question is whether Trump is going to set pot policy or leave it to his minions. If it's the latter, legal marijuana may be in for a bumpy ride, but even if it's the latter, that's just the political status quo.

That isn't enough for Hudak. He wants things settled at the federal level through congressional action, not left to the administrative whim of some officeholder. Whether the next few years is going to bring us any closer to Hudak's prescription for pot policy perfection is an open question, and it's sure to be contested political terrain.

Hudak raises the right questions about marijuana's future, but make no mistake, Marijuana: A Short History is by no mean all wonkery. After all, Hudak is writing a history, and he does just that in a concise and lively manner, concentrating on the 20th Century in the US, a period that saw the long arc of marijuana prohibition peak before the decline it now faces in the early years of the 21st Century. Of special interest is his section on the rise of a successfully reform movement, as he zeroes in on the people and strategies that made it happen.

Okay, Marijuana: A Short History is pretty wonky. It's serious stuff with a serious purpose: getting us down the path to a sane and effective marijuana policy nationwide. People with an interest in marijuana and marijuana legalization need to be thinking about these things, and Hudak is going to reward a serious reader. And he isn't going to make you slog through 400 pages of academic prose along the way. Read it; it'll make you think.

Chronicle AM: More Obama Commutations Coming, HIA Sues DEA Over CBD, More... (1/16/17)

President Obama will commute more drug sentences before he leaves office this week, the hemp industry sues the DEA over its new CBD rule, New York's governor wants to fix his state's decriminalization law, and more.

Obama is about to free hundreds more nonviolent drug offenders. (whitehouse.gov)
Marijuana Policy

New York Governor to Propose Clarifications to State's Decriminalization Law. Gov. Andrew Cuomo (D) has announced plans to remove a loophole in the state's decades-old decriminalization law that lets police charge people with a criminal offense for possession in "public view." That loophole has been applied mainly against racial minorities. Governor Cuomo pushed heavily for closing that loophole in 2014 but was blocked by Senate Republicans who opposed a measure that would have standardized the penalty for all low-level possession as a violation, which would have resulted in a fine instead of arrest.

Medical Marijuana

HIA Sues DEA Over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

North Dakota Bill Would Delay Medical Marijuana Implementation. State Senate Majority Leader Rich Wardner (R-Dickinson) has introduced a bill, Senate Bill 2154, that would suspend implementation of parts of the state's new voter-approved medical marijuana law until the legislature could write a comprehensive law to govern medical marijuana in the state.

Sentencing

Obama Set to Commute Sentences for Hundreds More This Week. As the clock ticks down on his term, President Obama is set to keep on granting clemency to drug offenders up until the last minute. Justice Department officials say he will grant hundreds more commutations this week. He has already cut the sentences of more than 1,100 nonviolent drug offenders, more than any president in modern history.

Chronicle AM: VT MJ Possession Pardons, No Jail for MJ in Houston, UK CBD, More... (1/4/17)

Vermont's governor pardons nearly 200 for pot, Houston's incoming DA says no jail for pot possession, a British medical regulatory agency recognizes CBD as medicine, and more.

British medical authorities have officially recognized CBD cannabis oil as a medicinal product. (Creative Commons/Wikimedia)
Marijuana Policy

Alaska Gets First Legal Marijuana Tax Revenues. The state is starting to reap the fiscal benefits of marijuana legalization, as the Department of Revenue announced it had taken in $81,000 in taxes from seven growers in the month of November. The revenues came from taxes on 98 pounds of pot and 10 pounds of trim, which are taxed at $50 an ounce and $15 an ounce, respectively.

Vermont Governor Pardons 192 for Pot Possession. Gov. Peter Shumlin (D) has pardoned 192 people convicted of possessing small amounts of marijuana. Some 450 people applied for pardons after Shumlin announced the program last month, but he only pardoned 192 after looking at subsequent criminal histories. "While attitudes and laws about marijuana use are rapidly changing, there is still a harmful stigma associated with it," Shumlin said. "My hope was to help as many individuals as I could overcome that stigma and the very real struggles that too often go along with it."

No Jail for Marijuana Possession in Houston. Incoming Harris County District Attorney Kim Ogg has said the practice of jailing people for pot possession is over. "All misdemeanor possession of marijuana cases will be diverted around jail," Ogg said. "I've never felt good about putting marijuana users in the same jail cells as murderers. It's just not fair, it doesn't make any sense, and our country is resoundingly against that."

Medical Marijuana

Florida is Now a Medical Marijuana State. The constitutional amendment approved by voters in November to legalize medical marijuana went into effect Tuesday. But the state doesn't have a distribution system up and running yet. Lawmakers and the state Department of Health will have to craft rules, with an implementation target date of September 9.

Massachusetts Medical Marijuana Hearing Aims to Ease Patient Access. At a public hearing in Boston Tuesday, advocates called for changes in the state's medical marijuana law to allow hospices and nursing homes to provide the medicine for patients. "Hospice patients are literally out of time," said Elizabeth Dost, clinical director for the Massachusetts Patient Advocacy Alliance, which represents medical marijuana patients. "The patient's average length of stay (in hospice) in Massachusetts is 35 to 45 days. By the time they access cannabis, they are often deceased." Another public hearing is set for Thursday morning in Holyoke.

Law Enforcement

NAACP Activists Arrested in Protest at Attorney General Nominee's Office. Six NAACP demonstrators were arrested after occupying the Mobile, Alabama, offices of Sen. Jeff Sessions (R-AL), Donald Trump's choice to head the Justice Department. The NAACP is demanding the Sessions turn down the nomination to be attorney general, citing his record of ignoring voter suppression but prosecuting black voting rights activists. Sessions is also opposed by broad swathes of the drug reform community for his stances against marijuana legalization and sentencing reform and in favor of asset forfeiture.

International

Britain Recognizes CBD as a Medicine. The Medicines and Health Care Products Regulatory Agency (MHRA) Tuesday classified CBD as a medicine in the United Kingdom. The agency said it made the move after reviewing claims from several companies that their CBD products offered health benefits.

Georgia Marijuana Activists Face 12 Years in Prison for Planting Pot Seeds. In a New Year's Eve act of civil disobedience, dozens of activists and the Girchi Party planted pot seeds at party offices, publicly breaching the country's criminal code and exposing themselves to up to 12 years in prison under the country's drug laws. The Girchi Party is demanding drug decriminalization and marijuana legalization.

The Next Five States That Could Legalize Marijuana [FEATURE]

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

Four states, including California, the nation's most populous, voted to legalize marijuana on November 8. That doubles the number of legal states to eight (plus the District of Columbia), and more than quadruples the number of people living in legal marijuana states, bringing the number to something around 64 million.

Every one of those states legalized marijuana through the initiative process, but we're not going to see any more initiatives on state ballots until 2018, and perhaps 2020. That means that if we are to make more progress on spreading marijuana legalization in the next couple of years, it's going to have to come at the state house instead of the ballot box.

Rhode Island State Capitol
That's the same pattern we saw with medical marijuana. California led the way via the initiative process in 1996, with several other states following in 1998 and 2000 before Hawaii became the first state to okay medical marijuana via the state legislature.

The election of Donald Trump is causing great uncertainty about the future of legal marijuana, and will act as a drag on legislators until his stance is clarified. Just as governors hesitated to implement medical marijuana programs in the face of federal hostility a decade ago, legislators will hesitate to move toward legalization in the face of uncertainty, or worse, outright hostility from a Trump administration.

Still, efforts to legalize marijuana through the legislative process have been underway for several years in a handful of states and have already come close to passage in some of them. And now, especially in New England, the pressure of neighboring states having already embraced legalization is fueling legalization fervor. But it's not just New England. The marijuana legalization message is resonating across the land.

Getting a bill through a state legislature is a long, multi-stage process, with too many opportunities for getting derailed, from obstinate committee chairs to skeptical governors wielding the veto pen. Despite the obstacles, here are five states that could get it done before the 2018 mid-terms:

Connecticut

Connecticut already has medical marijuana and decriminalized possession in 2011 with the support of Gov. Dannel Malloy (D). Malloy had said that decriminalization was as far as he wanted to go, but he's hinting at changing his tune after marijuana's big victory on Election Day. "We might have to reexamine our legal position, our position of enforcement, based on what some surrounding states are doing," Malloy said three days later.

For veteran legislators such as state Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven), Malloy's softening couldn't come soon enough. They've authored legalization bills in past sessions, but they haven't gotten much traction. Look for them to be back at it again next year, with the changed New England political landscape smoothing the road.

Maryland

Maryland approved medical marijuana in 2014 (although the long-delayed program has yet to see any actual dispensaries open) and decriminalization last year under then Democratic Gov. Martin O'Malley.

The bad news is that O'Malley is gone now, replaced by anti-marijuana Republican Gov. Larry Hogan. The good news is that the legislature has already demonstrated a willingness to override Hogan's vetoes when it comes to pot policy; it did that this year with a housekeeping bill that decriminalized the possession of paraphernalia (an oversight in the 2015 decriminalization bill).

Reform-minded legislators last year filed a legalization bill, the Marijuana Control and Revenue Act of 2015, in both houses, but they were stymied by unfriendly committee chairs. They're going to be back next year, backed by a carefully-built coalition of drug reform, social justice, and public health groups -- and with the support of a healthy majority of Marylanders, according to recent polls.

New Mexico

New Mexico Legislative Chambers
Eyeing next door neighbor Colorado, New Mexico is another state ripe for marijuana legalization. Two polls this year had popular support for legalization at 61%, and Democrats have now won control of the state legislature. That means two different moves toward legalization could occur: Rep. Bill McCamley (D-Mesilla Park) has filed a legalization bill the last two years, and says he will do it again next year. "It's not an academic exercise anymore," he said. And Sen. Jerry Ortiz y Pino (D-Albuquerque) also says he will be introducing a constitutional amendment that would take the issue to a popular vote.

But like Maryland, legalizers face an anti-marijuana Republican governor in Susana Martinez. Either Martinez is going to have to have a pot epiphany or the legislature is going to have to have enough votes to override a probable veto.

Rhode Island

This may be the best prospect of the bunch. Medical marijuana is well-established in the state, decriminalization has been in effect for four years, and now, in the wake of the legalization victory in neighboring Massachusetts, Gov. Gina Raimundo (D) says she's ready to more seriously consider doing the same in Rhode Island, although she has concerns about public safety and how any legislation is drafted.

Democrats control both houses of the legislature, and both House Speaker Thomas Mattiello and Senate Majority Leader Dominick Ruggerio say they are ready to take up legalization bills. That would be a pleasant change: For the past six years, legalization bills have been filed, but never voted on.

Rhode Island's political leaders finally look ready to catch up to their constituents, 55% of whom supported legalization in a recent poll from Brown University and who smoke pot at the highest rate of any state, reporting a 16% past month use rate.

Vermont

Vermont very nearly became the first state to legalize weed through the legislative process this year. A legalization bill, S. 241, was supported by Gov. Peter Shumlin (D) and passed with strong support in the Senate, only to die in the House.

Now, a pair of key lawmakers said they are ready to try to get legalization through the legislature again. Sen. Dick Sears, chairman of the Senate Judiciary Committee, said legalization votes in Maine and Massachusetts are forcing the state's hand. "For me, that's a game-changer, that Massachusetts has voted to legalize," Sears said.

Sears' counterpart in the House, Judiciary Committee chairwoman Rep. Maxine Grad, is also ready to go, saying the Maine and Massachusetts votes will make lawmakers more amenable to moving forward.

There's just one problem: Shumlin is gone now, replaced by incoming Republican Gov. Phil Scott, who is not a big fan of government regulation, but is not a big fan of marijuana legalization, either. "I can appreciate the discussion around ending the prohibition of marijuana," he said, but had many, many concerns about this year's bill. Still, it's possible legislators will have heard those concerns and will come up with a bill that Scott can live with -- or a majority that can override a veto.

Chronicle AM: Dutch to Address Coffee Shop Supply, Campaign Against Sessions as AG, More... (11/22/16)

Nashville blows off state attorney general and will continue marijuana decriminalization, time to give your senators your two cents worth on the Sessions nomination, the Dutch ruling party belatedly comes around on coffee shop supply, and more.

Dutch coffee shops may finally get a legal source of supply. (Creative Commons/Wikimedia)
Marijuana

Nashville Will Cite and Release Marijuana Offenders Despite State Attorney General's Opinion. The city of Nashville and surrounding Davidson County will continue to allow police to ticket and release small-time marijuana offenders, even though state Attorney General Herbert Slatery has issued an opinion contending that the local ordinance is invalid because it is preempted by state law. Metro Law Director Jon Cooper: "We have reviewed the Attorney General's opinion and understand his position. However, we believe we have a good faith legal argument that the ordinance is not preempted by state law," Cooper said in a statement Monday. "At this point, we do not believe a change in the police department's enforcement practice is warranted."

Medical Marijuana

Arkansas Lawmakers Eye Changes, Delays in Implementing Medical Marijuana. A week after voters approved a medical marijuana initiative, some legislators are acting to delay implementation, saying they need more time for rulemaking. Rep. Doug House (R-North Little Rock) said he is preparing a bill to do that. And Sen. Bart Hester (R-Bentonville) wants to add an additional tax to medical marijuana to help pay for $105 million in tax cuts he is proposing.

Drug Policy

Write Your Senator to Oppose the Sessions Nomination for Attorney General. Donald Trump's pick for Attorney General, Sen. Jeff Sessions, is one of the worst drug warriors in Congress. He almost single-handedly blocked mild sentencing reform bills that members of Congress from both parties supported. He opposes marijuana legalization and has even claimed that "good people don't use marijuana." Sen. Sessions was rejected for a judgeship by a Republican-controlled Senate because of racism and false prosecutions he brought against civil rights activists. He is not a likely leader for continuing the much-needed work that has begun on police reform; in fact he's more likely to worsen the divisions in our country, not improve them. Click on the link to tell your senator what you think.

International

Dutch Ruling Party Gets on Board With Cannabis Law Reforms. After 20 years of blocking any effort to decriminalize marijuana production, Prime Minister Mark Rutte's VVD party has had a change of heart. At a party conference last weekend, the VVD voted to support "smart regulation" of marijuana and "to redesign the entire domain surrounding soft drugs." The full text of the resolution, supported by 81% of party members, reads: "While the sale of cannabis is tolerated at the front door, stock acquisition is now illegal. The VVD wants to end this strange situation and regulate the policy on soft drugs in a smarter way. It's time to redesign the entire domain surrounding soft drugs. This redevelopment can only take place on a national level. Municipalities should stop experiments with cannabis cultivation as soon as possible." The opposition political parties are already in support of solving the long-lived "back door problem."

Global Commission on Drugs Calls for Decriminalization of All Drugs [FEATURE]

In a report released Monday, global leaders denounced harsh responses to drug use, such as the mass killing of drug users in the Philippines under President Rodrigo Duterte, and called for worldwide drug decriminalization.

The Global Commission on Drug Policy calls for drug decriminalization. (globalcommissionondrugs.org)
The report, Advancing Drug Policy Reform: A New Approach to Drug Decriminalization, is a product of the Global Commission on Drug Policy, a high-level panel that includes former UN Secretary-General Kofi Annan; former presidents of Brazil, Colombia, Mexico, and Switzerland; and British philanthropist Richard Branson, among others.

Since its inception in 2011, the Commission has consistently called for drug decriminalization, but this year's report goes a step further. Unlike existing decriminalization policies around the world, where drug users still face fines or administrative penalties, the report argues that no penalties at all should attach to simple drug possession.

"Only then," the report says, "can the societal destruction caused by drug prohibition be properly mitigated."

And the report breaks more new ground by calling for alternatives to punishment for other low-level players in the drug trade, including small dealers who sell to support their habits, drug mules, and people who grow drug crops. Many of those people, the report notes, engage in such activities out of "economic marginalization… a lack of other opportunities… or coercion," yet face severe sanctions ranging from the destruction of cash crops to imprisonment and even the death penalty.

Unlike people caught with drugs for personal use, however, the Commission envisions such low-level players being subjected to civil penalties, although not criminal ones.

"After years of denouncing the dramatic effects of prohibition and the criminalization of people that do no harm but use drugs on the society as a whole, it is time to highlight the benefits of well-designed and well-implemented people centered drug polices," said former Swiss President Ruth Dreifuss, Chair of the Commission. "These innovative policies cannot exist as long as we do not discuss, honestly, the major policy error made in the past, which is the criminalization of personal consumption or possession of illicit psychoactive substances in national laws."

"At the global, regional or local levels, drug policies are evolving," added César Gaviria, former president of Columbia and Global Commission member. "However, in order to build solid and effective policies to mitigate the harms of the last 60 years of wrong policies, and to prepare for a better future where drugs are controlled more effectively, we need to implement the full and non-discretionary decriminalization of personal use and possession of drugs."

The new report from the Global Commission on Drug Policy issues the following recommendations:

1. States must abolish the death penalty for all drug-related offenses.

2. States must end all penalties -- both criminal and civil -- for drug possession for personal use, and the cultivation of drugs for personal consumption.

3. States must implement alternatives to punishment for all low-level, nonviolent actors in the drug trade.

4. UN member states must remove the penalization of drug possession as a treaty obligation under the international drug control system.

5. States must eventually explore regulatory models for all illicit drugs and acknowledge this to be the next logical step in drug policy reform following decriminalization.

DC report launch Monday with Cesar Gaviria, Pavel Bem, Ruth Dreifuss, Michel Kazatchkine and Paul Volcker
"People who use drugs have paid a huge toll to the current drug control system; they faced alone and without any legal protection the ravages of HIV/AIDS, hepatitis, as well as many non-communicable diseases," said Professor Michel Kazatchkine, former Executive Director of the Global Fund on AIDS, tuberculosis and malaria. "Now we have the scientific and medical tools to provide all the services they need, but we mostly lack the political leadership to implement an enabling legal environment. This starts by the complete decriminalization of drugs."

The Global Commission on Drug Policy was established in 2010 by political leaders, cultural figures, and globally influential personalities from the financial and business sectors. The Commission currently comprises 23 members, including nine former heads of states and a former Secretary General of the United Nations. The high-level group's mission is to promote evidence-based drug policy reforms at international, national and regional levels, with an emphasis on public health, social integration and security, and with strict regard for human rights.

Chronicle AM: AG Nominee Stokes MJ Fears, Global Commission Calls for Drug Decrim, More... (11/21/16)

Donald Trump has nominated a harsh drug warrior to head the Justice Department, Montanans will see a slew of bills aiming at making their medical marijuana system more workable (and at least one that wants to kill it), the Global Commission on Drugs called for drug decriminalization, and more.

"Good people don't use marijuana," says Trump's attorney general pick, Alabama Sen. Jeff Sessions.
Marijuana

Trump's Pick of Jeff Sessions as AG Raises Fears in Marijuana Industry. President-elect Donald Trump (R) has nominated anti-marijuana Alabama Republican Sen. Jeff Sessions to head the Justice Department, setting off alarms in the marijuana industry. As attorney general, Sessions would oversee federal prosecutors and the DEA and could move to undo the Obama administration's policy of largely allowing the states to set their own course on pot policy.

Colorado Bureaucrats Nix On-Site Pot Consumption for Bars. Just a week after voters in Denver approved a social use initiative allowing restaurants and bars to seek permits to allow on-site consumption of marijuana, the Department of Public Health and Environment has announced that it will not allow liquor license-holders to obtain such permits. The department said using alcohol and marijuana together increases impairment. But proponents of the measure said alcohol establishments already rely on the judgment of servers and that the move would allow consumers to use marijuana products without having to go outside or hide behind closed doors.

Medical Marijuana

Arizona Dispensary Operator Eyes 2018 Expansion Initiative. The owners of the Wellness Center, an Apache Junction dispensary, are moving toward an initiative to expand the state's medical marijuana program. The move comes a week after a legalization initiative was narrowly defeated. The initiative would expand the list of qualifying conditions for marijuana and it would allow people who live more than a mile from a dispensary to grow their own. The current law bars people who live within 25 miles of a dispensary from growing their own.

After Initiative Victory, Medical Marijuana Bills Pile Up in Montana. Montanans voted last week to restore their state's medical marijuana system, which had been gutted by the Republican legislature in 2011, and now the legislature faces at least 10 bills designed either to make the system more workable or to try to thwart the will of the voters once again. It's going to be a busy session in Helena.

Heroin and Prescription Opioids

Kentucky Legislator Files Bill to Limit First-Time Opioid Prescribing. State Rep. Jeff Taylor (D-Hopkinsville) has prefiled a bill, BR 202, that would limit first-time adult prescriptions for non-chronic pain relief to a seven-day supply. The bill does include an exception that would allow a doctor to prescribe a longer supply if deemed medically necessary.

Kratom

Still Ten Days Left to Comment on Proposed Kratom Ban. Anyone who wants to commit on the DEA's plan to schedule kratom has until December 1 to do so. Click on the link for more information.

International

New Report Calls on UK to Legalize Marijuana. A new report from the Adam Smith Institute says that Great Britain's drug strategy "has failed in its core aims to prevent people from using drugs, manufacturing drugs, and to put a stop to the crime, corruption and death that is taking place on an industrial scale around the world," and calls on the government to legalize marijuana. The report is winning support from a cross-party parliamentary group that includes former deputy prime minister Nick Clegg.

Global Commission on Drugs Calls for Global Drug Decriminalization. In its annual report, the Global Commission on Drugs has called for an end to criminal and civil penalties for drug possession and more research into alternative regulatory models. The report comes months after the commission sharply criticized the United Nations' refusal to embrace more radical drug reforms at its UNGASS on Drugs last spring. Commission member Richard Branson called the UN's status quo approach "fatally flawed" at the time.

Chronicle AM: No More Small MJ Arrests in Vegas; NM & RI to Consider Legalization, More... (11/17/16)

Marijuana, marijuana, marijuana. The news today is almost all about marijuana, plus an asset forfeiture bill pre-filed in Texas.

Viva Las Vegas! (Creative Commons/Wikimedia)
Marijuana

Maine Recount to Proceed. Opponents of the Question 1 legalization initiative, which won by around 4,000 votes (less than 1% of the total votes cast), have handed in petitions seeking a recount. Now, state officials must verify that at least 100 signatures on the petition came from registered voters who voted in the November 8 election. Once that hurdle is passed, the actual recount will begin. The recount will cost Maine taxpayers about $250,000. "With thousands of votes in the margin, the recount is not going to be successful," said Yes on 1 campaign spokesperson Alysia Melnick, "and it's unfortunate the opposition would go against the will of the people and use taxpayer dollars for a recount that will not change the outcome."

New Mexico Democrats Eye Legalization Bills Next Year. Democrats now control the state legislature, and they are vowing to introduce new legalization bills despite the opposition of Republican Gov. Susana Martinez. Rep. Bill McCamley (D-Mesilla Park) has filed a legalization bill the last two years, and says he will do it again next year. "It's not an academic exercise anymore," he said. And Sen. Jerry Ortiz y Pino (D-Albuquerque) also says he will be introducing a constitutional amendment that would take the issue to a popular vote.

Rhode Island Governor Ponders Legalization in Wake of Election Victories. Gov. Gina Raimundo (D) said Tuesday she's ready to more seriously consider legalization after voters in neighboring Massachusetts approved it last week. Democrats control both houses of the legislature, and both House Speaker Thomas Mattiello and Senate Majority Leader Dominick Ruggerio say they are ready to take up legalization bills.

Tennessee Attorney General Says Municipal Decriminalization Measures Not Enforceable. The state's two largest cities, Memphis and Nashville, have both passed decriminalization ordinances this year, but in an opinion issued Wednesday, state Attorney General Herbert Slatery ruled that the measures are unenforceable because there are pre-empted by state laws that continue to make pot possession a criminal offense. "A municipal ordinance that attempts to regulate a field that is regulated by state statute cannot stand if it is contradictory to state law," he wrote.

Las Vegas Prosecutors Announce End to Small-Time Pot Prosecutions. Prosecutors in Clark County, where Las Vegas is located, say they will now quit pursuing charges against people caught with small amounts of marijuana and won't file any new charges for pot possession. Prosecutors in the city of Las Vegas say the same thing. The moves comes in the wake of last week's victory for the Question 2 legalization initiative.

Asset Forfeiture

Texas Asset Forfeiture Reform Bill Filed. State Sen. Juan "Chuy" Hinojosa has pre-filed a bill for the session beginning in January that seeks to raise the burden of proof in asset forfeiture proceedings. The measure, Senate Bill 156, would raise the burden of proof from "a preponderance of the evidence" to "clear and convincing evidence."

Chronicle AM: ME Recount Possible, DEA Bans "Pink," WI Welfare Drug Tests Start, More... (11/14/16)

Cannabis cafes are coming, Maine legalization foes seek a recount, Massachusetts legislators are threatening to "improve" the legalization initiative, the DEA bans "pink," and more.

Philippines President Rodrigo Duterte wants to get rid of habeas corpus as he wages lethal drug war. (Creative Commons/Wikimedia
Marijuana

Marijuana Victories Will See Cannabis Cafes Coming. The victories for marijuana legalization initiatives in California, Maine, Massachusetts, and Nevada last week will set the stage for social marijuana consumption at licensed venues. Three of the states make provisions for social consumption, while the fourth leaves the issue for legislators. And in Denver, voters approved a local initiative that will allow local businesses to designate "consumption areas" for customers who bring their own weed.

Maine Legalization Foes Seek Recount After Narrow Defeat. Unofficially, the Question 1 legalization initiative won by a mere 5,000 votes out of about 750,000 cast, and that's too close a call for the "no" campaign to just accept. "No" spokesmen are threatening to seek a recount. They have until the end of work Wednesday to collect a hundred signatures in order to seek a recount from the secretary of state's office.

Massachusetts Legislators Turn Eyes on "Improving" Legalization Initiative. Senate President Stan Rosenberg said last Thursday said the Question 4 initiative will need "improvements" to address issues such as marijuana sales taxes, infused edible products, and driving while high. Rosenberg said the legislature could take up the issues shortly after returning in January. But the Question 4 campaign pushed back, saying that legislators should "respect the will of the voters," let regulators do their job crafting regulations, then see if anything needs fixing.

New Psychoactive Substances

DEA Bans Synthetic Opioid Known as "Pink." Using its emergency scheduling powers, the DEA has banned the synthetic opioid U-47700, commonly known as "pink." Effective today, the drug is now a Schedule I controlled substance. The drug has been linked to dozens of confirmed fatalities, and is now banned for 24 months while the DEA decides if it should be permanently placed in Schedule I.

Drug Testing

Wisconsin Welfare Drug Testing Starts Today. As of Monday, people seeking welfare benefits will be subject to drug testing. Republican Gov. Scott Walker painted the move as helping families and employers. "Employers across the state frequently tell me they have good-paying jobs available in high-demand fields, but need their workers to be drug-free," Walker said in a statement. "These important entitlement reforms will help more people find family-supporting jobs, moving them from government dependence to true independence."

International

Philippines President Threatens Drug War Suspension of Habeas Corpus. President Rodrigo Duterte said he is considering suspending habeas corpus because it's just too much work to build cases against individual drug suspects. And he doesn't worry about legality. "I am the president. Of course I have the powers," he said Friday. "I can be ordered by the Supreme Court to stop it, but there are things that they cannot, and maybe, I will not, stop I can go to jail. File all the charges that you can think of. But this country, in my time, will not deteriorate any further." The Philippines constitution says the president may suspend habeas corpus "in case of invasion or rebellion, when the public safety requires it."

Berlin Set to Move on Marijuana Liberalization. The city's governing coalition of Social Democrats, Greens, and the Left Party has agreed to push for partial decriminalization of marijuana. The move would require a waiver from federal authorities to allow experimenting with drug policies that contradict the Federal Intoxicants Law.

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