Reentry/Rehabilitation

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Chronicle AM: DEA "Cold Consent" Searches, NYC Calls for Pot Legalization, KY Heroin Bills Collide, More (3/20/15)

An Ohio legalization initiative heads for signature-gathering, the NYC city council calls for decrim and legalization, the DEA's "cold consent" searches get critiqued, Kentucky pols can't agree on how to deal with heroin, and more.

A Justice Department OIG report criticizes the DEA's "cold consent" seaches. (justice.gov)
Marijuana

Louisiana Legalization Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a marijuana legalization bill. He submitted House Bill 117 yesterday. To go into effect, it would have to both pass the legislature and be approved by the electorate in the November 2016 election. Louisiana has some of the country's harshest marijuana laws.

Ohio Ballot Board Clears ResponsibleOhio Legalization Initiative. Backers of the ResponsibleOhio legalization initiative have cleared the final hurdle before beginning signature-gathering. The state Ballot Board agreed that the proposal amounts to a single constitutional amendment, so it's good to go. Backers will now need to gather more than 300,000 signatures by July to qualify for the ballot. The amendment would allow only 10 growing sites already promised to investors.

NYC City Council Calls for Decriminalizing and Legalizing Marijuana. This week, the New York City Council called for the state to pass legislation to both decriminalize and to tax and regulate marijuana. As part of the Council's State Budget and Legislative Agenda for the 2015-2016 legislative session, the council urged the state legislature to pass two marijuana policy reforms -- the Fairness and Equity Act and the Marijuana Regulation and Tax Act (MRTA). The Speaker of the City Council, Melissa Mark-Viverito had previously announced her support for marijuana legalization in November, but this marks the first time that decriminalization and legalization have been part of the Council's official legislative agenda.

Medical Marijuana

Georgia Medical Marijuana Bill Wins Senate Committee Vote. The Senate Health and Human Services Committee approved House Bill 1 yesterday. The measure has passed the House and now heads for a Senate floor vote.

Methamphetamine

New York Senate Approves Bill to Increase Meth Penalties. The Senate has passed Senate Bill 1150, which would increase penalties for meth possession and sale. Meth would be treated similarly to heroin and cocaine under the bill. The bill is now in the Assembly Codes Committee as Assembly Bill 5577.

Opiates

Kentucky Legislators Still Can't Agree on Heroin Bills. House and Senate negotiators met yesterday to try to reach a compromise on competing bills that address heroin use in the state, but mainly agreed to disagree. There are differences over increasing penalties for heroin dealers, whether to allow needle exchanges, and on how to protect people who report overdoses. There is now a chance legislators could agree on a compromise that simply omits the sentencing and overdose reporting provisions.

Asset Forfeiture

Sen. Chuck Grassley Investigating Asset Forfeiture Abuses in US Marshals Service. The Iowa Republican sent a letter Wednesday to the agency demanding documents after he received whistleblower allegations that the service's Asset Forfeiture Division had used asset forfeiture monies "to purchase extravagant office decorations such as custom wall paper and window treatments." He is also looking into allegations of favoritism in hiring at the agency.

Law Enforcement

Justice Department Report Criticizes DEA's "Cold Consent" Searches. In a new report, the Justice Department's Office of the Inspector General details how the DEA's use of "cold consent" searches, where agents confront travelers at airports, bus, and rail stations and "ask" for consent to search them, may be racially profiling passengers and unjustly seizing their money. Click on the title link or read the report for lots more detail.

Reentry and Rehabilitation

Ex-Felon Federal Voting Rights Bills Filed. Sen. Ben Cardin (D-MD) has filed S 772 to secure the federal voting rights of people who have served their time. Rep. John Conyers (D-MI) has filed a companion bill, HR 1459, in the House.

Sentencing

Smarter Sentencing Act Picks Up More Cosponsors. The Senate version, S 502, now has nine cosponsors, with the latest being Sen. John Isaakson (R-GA). The House version, HR 920, now has 22 cosponsors, with six signing on in the past week. The bills would retroactively apply provisions of the Fair Sentencing Act and would reduce mandatory minimum sentences.

International

Canada Supreme Court Takes Up Medical Marijuana Edibles. The high court is hearing a case where plaintiffs charge that Health Canada violated medical marijuana patients' constitutional rights to life, liberty, and safety by barring any form of marijuana except dried plants. The government has lost at every step of the legal process so far, but continues to argue the case.

Zambia Opposition Party Joins Green Call for Marijuana Legalization. Zambia's second largest opposition party, the United Party for National Development, has joined the Greens in calling for the legalization of marijuana cultivation. "There is nothing wrong with cannabis. Just like you and me 'dear reader' Cannabis Sativa, the plant, was also created by God," wrote party vice-president for political affairs Canisius Banda. "Cannabis is a resource. Cannabis must be decriminalized the world over. Nonetheless, regulation, albeit wise, just as it exists for many other things ought to remain. Just like Zambia boasts of Copper, California boasts of Cannabis, the biggest cash crop, responsible for US$14 billion a year in sales. Zambia would do well, under decriminalized but controlled conditions, to start growing Cannabis, and at least, for now until we are a bit more civilized, only for export to countries that have made it legal."

Chronicle AM: Obama on Pot, Welfare Drug Test Bills, Italy Marijuana Legalization Bill, More (3/17/15)

Obama pontificiates on pot policy, Maine tribes consider legal marijuana, North Dakota not only doesn't want medical marijuana but doesn't even want to think about it, welfare drug testing dies in Montana, but stays alive in Arkansas, and more.

The president had a few words to say about marijuana today. (whitehouse.gov)
Marijuana

Obama Comments on Marijuana, Policy, and Priorities. In an interview with VICE News on Monday, President Obama said marijuana law reforms at the state level could lead to changes at the federal level, but also said that legalization is not "a panacea" and that it shouldn't be young people's highest priority.

Connecticut Supreme Court Rules Past Marijuana Convictions Can Be Expunged. The court held that since the state decriminalized small-time marijuana possession in 2011, people who had been charged with it prior to that can apply to get their convictions erased. The case is Connecticut v. Menditto.

Maine Tribes Ponder Pot Operations. Three of the state's four Indian tribes are considering marijuana legalization on their lands and whether it could prove an economic boon to their communities. The Passamaquoddys, the Maliseet Houlton Band, and the Micmac Aroostook Band are pondering the issue; the Penobscots say they're not interested.

Medical Marijuana

North Dakota House Kills Medical Marijuana Study Bill. Not only does the legislature not want to approve medical marijuana; it doesn't even want to study it. The House earlier killed a medical marijuana bill and now it has killed a study bill, with opponents claiming it wasn't needed because the House Human Services Committee "couldn't find anything that wasn't already taken care of in the hearing process."

Drug Testing

Arkansas Senate Approves Welfare Drug Testing Bill. The bill would create a two-year pilot program that would screen at least 10% of welfare applicants and recipients, and if the screening results in "a reasonable suspicion" that the person is using drugs, he would be subjected to drug testing. The measure is Senate Bill 600. It now goes to the House.

Montana Senate Committee Kills Welfare Drug Testing Bill. The Senate Public Health, Welfare, and Safety Committee voted 6-1 to kill a bill that would require welfare applicants to be screened for evidence of drug use and some to be drug tested. The bill was House Bill 200. It had already passed the House.

International

Sixty Italian Lawmakers Sign on To Support Marijuana Legalization Bill. A bill from MP Benedetto Della Vedova to legalize marijuana has won the support of 60 of his fellow legislators. That's a start, but it's only a little over 10% of the 630 members of the Chamber of Deputies.

Broad Coalition Calls for Serious Criminal Justice Reforms in Congress [FEATURE]

(This article was published in collaboration with AlterNet and first appeared here.)

The current Congress is already seeing a flurry of bills aimed at reforming various aspects of the federal criminal justice system, and now, a broad coalition of faith, criminal justice reform, and civil and human rights groups is calling for the passage of legislation that will dramatically reduce the size of the federal prison system.

The groups, which include the United Methodist Church, the NAACP, the ACLU, Human Rights Watch, the Drug Policy Alliance, and dozens of other organizations, last week sent a letter to the chairmen and ranking minority members of the House and Senate Judiciary committees setting out a statement of principles on what meaningful federal-level criminal justice reform should include.

"We urge you to support and advance criminal justice legislative reforms aimed at meaningfully addressing the primary drivers of dangerous overcrowding, unsustainable costs, and unwarranted racial disparities in the federal prison system," the letter said.

The letter called for Congress to:

  • restore proportionality to drug sentencing;
  • promote and adequately fund recidivism reduction and reentry programming;
  • make sentencing reductions retroactive;
  • expand BOP's Compassionate Release Program; and
  • expand time credits for good behavior.

The federal prison population has expanded nearly ten-fold since the launch of the Reagan-era war on drugs three decades ago. In 1980, there were 22,000 federal prisoners; now, there are 210,000. And the war on drugs is one of the largest drivers of the increase. The number of federal drug prisoners has risen at twice the rate of the overall federal prison population; from fewer than 5,000 in 1980 to just under 100,000 now.

Last year, the federal prison population declined for the first time in 34 years, thanks in part to already enacted sentencing reforms, but the decline is marginal. More substantive reforms will be required to make bigger reductions in the carceral state.

The call comes as the Obama administration and members of both parties have all shown increasing signs of willingness to take on the federal criminal justice behemoth. Attorney General Holder has called repeatedly for a rollback of mandatory minimum sentencing and other harsh sentencing policies, while even House and Senate Republicans, including Sen. Rand Paul (R-KY) and Reps. Jason Chafetz (R-UT) and Raul Labrador (R-ID) are sponsoring reform bills.

That Republican openness to sentencing reforms even extends to grumpy hard-liners like Sen. Charles Grassley (R-IA), the octogenarian chair of the Senate Judiciary Committee.

"I've expressed in the committee, maybe even on the floor, concern about inequitable sentencing," he said earlier this year. "White-collar crime has been treated less harshly than blue-collar crime, and it seems to me there's an opportunity maybe to take care of that inequity."

"It's encouraging to see Republicans and Democrats engaged in seeking constructive solutions to excessive incarceration," said Jeremy Haile, Federal Advocacy Counsel at The Sentencing Project. "To reduce federal prison populations and racial disparities, Congress should take an all-of-the-above approach, addressing excessive sentencing, limitations on programming in federal prisons, and barriers that prevent successful reentry."

"It's clear that there is a path forward for criminal justice reform in the House and Senate, but lawmakers should ensure that any final bill gets at the root causes of mass incarceration," said Michael Collins, Policy Manager at Drug Policy Alliance's Office of National Affairs. "It's important that legislation doesn't just paper over the cracks."

Maybe there is something after all where Democrats and Republicans can work together. We shall see as the year progresses.

Chronicle AM: TX Marijuana, TN Asset Forfeiture Reformer, LA DA MedMJ Delivery App Lawsuit, More (12/314)

Houston's police chief criticizes marijuana prohibition, marijuana reform will be before the Texas legislature, LA's DA sues to block a medical marijuana delivery app, a Massachusetts activist pushes boundaries, a Tennessee DA vows to end civil asset forfeiture, and more. Let's get to it:

Will the Lone Star State become the Lone Leaf State?
Marijuana Policy

Marijuana Reform Bills Coming in Next Texas Legislature. There will be at least two bills seeking to reform the Lone Star State's marijuana laws when the legislative session begins next month. Rep. Harold Dutton (D-Houston) has pre-filed HB 00414I, which would move simple possession from a more serious to a less serious misdemeanor, but would leave intact the possibility of arrest, as well as impose a stiff $500 fine. The Marijuana Policy Project says the bill doesn't go far enough and that it is working with Rep. Joe Moody (D-El Paso) to introduce a full-blown decriminalization bill, with no arrest and a maximum $100 fine.

Houston Police Chief Says Marijuana Prohibition Failed Policy, Feds Need to Step Up. In an in-depth interview with Dean Becker of the Drug Truth Network, Houston Police Chief Charles McClelland described marijuana prohibition as a failed policy and said the federal government needed to address it. "Most police chiefs understand that when it comes to marijuana use, we cannot (continue) to criminalize such a large population of society that engage in casual marijuana use," McLellan said. "We can't, you just can't continue to do that, we understand that." Click on the links to hear the full interview.

Medical Marijuana

Head of Epilepsy Foundation Wants CBD Cannabis Oil Available Nationwide. Warren Lammert, chairman of the board of the Epilepsy Foundation, and father of an epileptic child, has said he wants CBD cannabis oil used to treat seizures made available nationwide. The Epilepsy Foundation has determined that "an end to seizures should not be determined by one's zip code," and that more research is essential.

Massachusetts Activists Pushes Boundaries With Allston CBD Shop. Veteran Bay State marijuana reform activist Bill Downing has opened a shop called CBD Please in Allston. He claims that his operation is legal because the products he offers are made from high-CBD, low-THC cannabis oils. And he's not too concerned about any reaction from authorities. "The state can do anything they want. They can throw me in jail. They can do whatever they want," said Downing. "But I know I'm doing the right thing and I'm doing it for the right reasons. I'm doing it for the patients here in the state and I really don't care about the bureaucracies trying to stop me because they're immoral. And because the public does not support them." When asked if what he was doing was legal, Downing replied: "I don't know, and I don't care."

LA City Attorney Sues to Block Medical Marijuana Delivery App.The LA city attorney's office Tuesday filed a lawsuit to close down a mobile phone app that sets up home deliveries of medical marijuana. The lawsuit alleges that Nestdrop is a "flagrant attempt" to get around restrictions imposed by voters last year. The city argues that its medical marijuana ordinance only allows patients or caregivers to pick up the medicines themselves and does not allow delivery services. Nestdrop isn't the only the only app offering deliveries in Southern California, but it's the only one that's been targeted.

Asset Forfeiture

Tennessee DA to End Civil Asset Forfeiture. Ray Crouch, DA for the 23rd Judicial District, has announced that his office will no longer pursue civil asset forfeiture cases. The state's civil asset forfeiture has come under repeated criticism for abuses, and Crouch is responding. "I will sit here and guarantee you do not have to be afraid of our office, of the Drug Task Force seizing your property if you're not committing a criminal act," Crouch said. "We're not going to be using civil forfeiture to take anybody's money. If we do, it will be in criminal court because you will be charged with a crime." Click for more detail on the policy changes under Crouch.

Drug Treatment

Federal Comprehensive Addiction and Recovery Act Gets New Sponsor. The measure, S 2839, is a wide-ranging effort to deal with rising levels of opiate addiction and addresses prevention, naloxone access and training, alternatives to incarceration, "criminal justice medication-assisted treatment and interventions," and more. It has seven cosponsors -- five Democrats and two Republicans. The latest is Sen. Chuck Schumer (D-NY). The bill is before the Senate Judiciary Committee.

Reentry/Rehabilitation

Federal Second Chance Reauthorization Act Gets New Sponsor. The measure, HR 3465 (companion legislation is S 1690) would extend and expand grants for drug treatment, "offender reentry substance abuse and criminal justice collaboration," and other grants under the 1968 omnibus crime control act. It has 46 cosponsors -- 37 Democrats and nine Republicans. The latest is Rep. Randy Forbes (R-VA). It is currently before the Crime, Terrorism, Homeland Security and Investigations Subcommittee of the House Judiciary Committee.

Chronicle AM: Afghan Opium Funds Elections, Big WA Pot Auction, NV Signatures Handed In, More (11/13/14)

More poppies are growing than ever in Afghanistan, and they helped fund the recent presidential election; the UNODC head tsk-tsks at US legalization votes, Nevada petitioners hand in 2X the signatures needed, federal bills get more sponsors, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

UN Anti-Drug Chief Says Legalization in US States Violate Drug Treaties. Yuri Fedotov, head of the UN Office on Drugs and Crime (UNODC), said Wednesday that American states that have legalized marijuana are not in line with international drug conventions. "I don't see how (the new laws) can be compatible with existing conventions," he told reporters. Fedotov is coming to Washington next week to discuss the issue with the US State Department and other UN agencies.

US Representatives from Marijuana States Urge Colleagues Not to Interfere. Members of Congress from states that have legalized marijuana held a press conference in Washington, DC, today to urge Congress not to try to interfere with state-level legalization. Democrats from Colorado (Jared Polis), Oregon (Earl Blumenauer), and the District of Columbia (Eleanor Holmes Norton) were joined by Republican California Congressmen Dana Rohrabacher. With some congressional Republicans grumbling, DC would appear to be at some risk of interference, since Congress controls the purse strings.

Nevada Legalization Petitioners Turn in Twice the Number of Signatures Needed. It looks like Nevada is going to vote on legalization in 2016 (if the legislature doesn't act first). The Coalition to Regulate Marijuana Like Alcohol in Nevada Wednesday turned in 200,000 signatures for its proposed 2016 legalization initiative. It only needs 101,667 valid voter signatures to qualify for the ballot. Once the signatures are validated, the measure will head for the 2016 ballot unless the legislature decides to just pass it itself next year.

Oregon Liquor Control Commission Has Updated FAQs for Recreational Marijuana. In response to public queries, the commission has updated its recreational marijuana FAQs page. Click on the link to see the updates. Here is the full FAQs page.

RAND Briefs Vermont Lawmakers on Legalization Issues; Public Hearing, Too. The RAND Corporation's Drug Policy Research Center, which has been contracted by the state to prepare an in-depth report on the potential financial and social impact of legalization, briefed lawmakers Wednesday with the report's outlines. Center co-director Beau Kilmer told the lawmakers the report will cover the state's marijuana "landscape," analyze health and safety issues, review alternate approaches to taxation and regulation, and provide financial projections. Kilmer identified nine questions lawmakers should be asking themselves; click on the link to see them. The briefing was followed by a public hearing that took place on closed circuit television on towns around the state. The RAND report is due in January.

Virginia Decriminalization Bill Filed. State Sen. Adam Ebbin (D-Arlington) has filed a bill that would decriminalize the possession of less than an ounce of marijuana. The bill will be considered in the new session beginning in January. It is SB 686.

Washington Pot Farmer to Auction Off A Ton of Weed. Well, this should help with those reported shortages plaguing the Washington state legal marijuana market. Fireweed Farm, a licensed marijuana producer in Prosser, has announced that its crop is in and processed, and it will be selling its one-ton harvest to the highest bidder (heh) on Saturday.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Sponsors. The bill would remove low-THC, high-CBD cannabis oils from Schedule I of the Controlled Substances Act. It's newest sponsors are Reps. Mike Honda (D-CA), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Alan Nunnelee (R-MS), Richard Hanna (R-NY), and Allen Lowenthal (D-CA). The bill was introduced by Rep. Scott Perry (R-PA) and now has 32 cosponsors -- 18 Democrats and 14 Republicans. It has been assigned to subcommittees of the House Judiciary and House Energy and Commerce Committees.

Georgia Low-THC, High-CBD Medical Marijuana Bill to Be Debated in January. Lawmakers who tried and failed to get a low-THC, high-CBD medical marijuana passed this year will be back at it in the coming session. The bill sponsor, Rep. Allen Peake (R-Macon), said he will introduce an improved bill to be debated in January. He said he hopes to file it next month.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Sponsors. The bill, HR 5212, is sponsored by Rep. Tim Wahlberg (R-MI) and would tighten requirements for asset forfeiture. The latest cosponsors are Reps. Sam Farr (D-CA), James Moran (D-VA), Steve Stockman (R-TX), Henry Johnson (D-GA), Tom McClintock (R-CA), and Kerry Bentivolio (R-MI). The bill now has 19 cosponsors -- 15 Republicans and four Democrats. It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Pardons and Clemency

Arkansas Governor Pardons Son for Marijuana Conviction. Gov. Mike Beebe (R) has issued a pardon for his son, Kyle Beebe, who was convicted in 2003 of marijuana possession with intent to deliver. It is one of 25 pardons he is issuing before leaving office in January. Beebe has issued more than 700 pardons during his time in office, including a number of other first time drug offenders.

Sentencing

Federal Second Chance Reauthorization Act Picks Up New Sponsors. Introduced by Rep. James Sensenbrenner (R-WI), the bill would expand grant programs aimed at helping people upon their release from prison. The House version, HR 3465, has now picked up Reps. Peter DeFazio (D-OR), Zoe Lofgren (D-CA), and Suzan DelBene (D-WA), while the Senate version, S 1690, is now cosponsored by Sen. Benjamin Cardin (D-MD). The House version now house 44 cosponsors (36 Democrats and eight Republicans), while the Senate version, introduced by Sen. Pat Leahy (D-VT), now has 22 cosponsors (17 Democrats, four Republicans, one independent).

Drug Testing

Key West Settles With Job Applicant Who Refused Drug Test. The city of Key West, Florida, will pay $75,000 to a former resident who refused to take a pre-employment drug test after applying for a position with the city and was then eliminated from consideration. The city will also pay $60,000 to the ACLU of Florida, which represented Karen Cabanas Voss. She had sued, arguing that the city's drug testing policy was unconstitutional, and a federal district court judge found in her favor.

International

Opium Helped Fund Afghan Elections, UNODC Says. The amount of land planted with opium poppies this year is at record levels, UN officials said Wednesday, and they said this year's presidential election campaign was part of the reason. "With the presidential election ongoing, there was a huge demand of funding," said Jean-Luc Lemahieu, a senior official with the UN Office on Drugs and Crime (UNODC). "And that funding is not available in the licit economy, and that money has to come from somewhere, so they turned to the illicit economy." In its annual opium survey, UNODC found that the area under cultivation had increased 7%, while eradication decreased by 63% between last year and this year.

Chronicle AM: Obama Names Drug Producing Countries, CDC Overdose Report, CA Narcan Law, More (9/16/14)

Congress is back and bills are picking up cosponsors, Guam will vote on medical marijuana, Wyoming moves toward ending civil asset forfeiture reform, the president names drug producing and transit countries (again), and more. Let's get to it:

The rate of increase in opiate OD deaths is slowing. (CDC/NCHS)
Marijuana Policy

Preserving Welfare for Needs Not Weed Act Picks Up New Sponsor. The bill, HR 4137, would "prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale." Introduced in March by Rep. David Weichert (R-WA), the bill now has 16 cosponsors, all Republicans. The latest is Rep. Kevin Brady (R-TX). The House Speaker has indicated the bill could see action this week.

Medical Marijuana

Charlotte's Web Medical Hemp Act of 2014 Picks Up New Sponsors. The bill, HR 5526, would exclude low-THC, cannabidiol-based medicines from the definition of marijuana under the Controlled Substances Act. The latest cosponsors are Reps. Walter Jones (R-NC), Jan Schakowsky (D-IL), and Tom McClintock (R-CA). The bill now has 24 cosponsors -- 14 Democrats and 10 Republicans.

Guam Medical Marijuana Legislative Initiative Published, Pro and Con Arguments Sought. The Guam Election Commission has released the text for Proposal 14A, the legislatively-initiated medical marijuana measure that will go before voters in November. The election commission is urging opponents and proponents of the measure to submit written arguments not exceeding 500 words by this Friday.

At Harrisburg Rally, Top Pennsylvania House Republican Says He Supports Medical Marijuana Bill. State Rep. Mike Vereb (R-Montgomery) told a rally on the capitol steps Monday that he now supports pending medical marijuana legislation. This could be a sign that Republican opposition to Senate Bill 770 in the House is softening. The bill has some bipartisan support in the Senate, but the session only has a month left.

Asset Forfeiture

Wyoming Legislative Committee Votes to Sponsor Bill to End Civil Asset Forfeiture. The legislature's Joint Judiciary Interim Committee voted last Thursday to sponsor a draft bill for next year's legislative session that would end civil asset forfeiture in the state. The draft bill is 15LSO-009. Under the bill, defendants would have to be convicted of a crime before property could be seized, they would have to be told what property is being considered for seizure, and, if they are convicted of a crime, they could challenge the forfeiture and request a hearing.

Drug Policy

In Annual Determination, White House Names 22 Countries as Major Drug Producers or Transit Countries. The White House has named the following countries as "major drug transit or major illicit drug producing countries:" Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. Among that group, the determination singles out Bolivia, Burma, and Venezuela as "having failed demonstrably" to undertake drug war policies to Washington's liking. But it also says Washington will keep supplying aid to Burma and Venezuela because it is "vital to the national security interests of the United States."

Harm Reduction

California Governor Signs Naloxone Access Expansion Bill. Gov. Jerry Brown (D) Monday signed into law Assembly Bill 1535, which allows pharmacists to furnish the overdose reversal drug naloxone (Narcan) without a prescription. Previously, the drug was only available with a prescription or through a handful of programs throughout the state.

Prescription Pills

CDC Finds Slowing Rate of Increase in Prescription Opiate Overdose Deaths. Opioid pain relievers were involved in about 11,700 drug overdose deaths in 2011, up about four-fold over 1999, but the rate of increase in such deaths has leveled off since 2006, according to a report from the Center for Disease Control and Prevention's National Center for Health Statistics. But while ODs from opiates alone seem to be stabilizing, ODs from a combination of opiates and benzodiazepines were on the increase, with benzos involved in 31% of opiate ODs in 2011, up from 13% in 1999.

Sentencing

Second Chance Reauthorization Act Gets New Sponsor. The bill, HR 3465, would amend the Second Chance Act of 2007 to allow continued authority for grants for drug treatment in prisoner reentry programs. The bill has 41 cosponsors -- 33 Democrats and eight Republicans -- with the latest being Rep. Rodney Davis (R-IL).

House Smarter Sentencing Act Gets New Sponsor. The bill, HR 3382, would reduce mandatory minimum sentences for some drug offenses, allow for applications for resentencing for some crack offenders, and allow judges to sentence beneath mandatory minimums in some cases. The bill has 50 cosponsors -- 36 Democrats and 14 Republicans -- with the latest being Rep. Judy Chu (D-CA).

CBO Says Senate Smarter Sentencing Act Would Save $3 Billion Over Next Decade. The bill, SB 1410, would reduce Justice Department corrections spending by about $4 billion, but would also result in about $1 billion in costs related to ex-offenders receiving federal benefits earlier than they otherwise would have, the Congressional Budget Office reported. The bill would see about 250,000 prisoners released earlier than they would have been over the next decade.

International

Australia's Victoria State to See Government-Sponsored Medical Marijuana Bill. Victoria Health Minister David Davis said a bill to make it easier to conduct medical marijuana clinical trials will be introduced today.

Chronicle AM: Roger Christie Freed, Bogota Smoke-In, First Pot Bust Centenary Demo, More (9/12/14)

With Congress back in session, bills are getting some attention, Roger Christie walks out of prison, the PA Senate will take up medical marijuana next week, smoke-in in Bogota, and more. Let's get to it:

California marijuana reform activists (cannabispolicyreform.org)
Marijuana Policy

Hawaii's THC Minister Roger Christie Walks Out of Federal Prison. Roger Christie walked out of a federal detention center near Honolulu uncowed today after nearly 50 months behind bars on marijuana charges related to his THC Ministry. He had done nearly four years without bail awaiting trial before he and his wife accepted a plea deal that resulted in release for time served. He is vowing to lead the fight to legalize marijuana in the Aloha State.

LA Rally Marks a Century of Marijuana Prohibition, Calls for Its End. A rally at City Hall in Los Angeles yesterday marked the 100th anniversary of the state's first pot bust, in which state Board of Pharmacy agents cut down and seized $500 worth of "Indian Hemp" in the city's Sonoratown Mexican colony. The event was sponsored by Cal NORML and the California Coalition for Cannabis Policy Reform. Several current and former Los Angeles elected officials attended.

Oregon Legalization Campaign Contributes to Get Out the Youth Vote Effort. New Approach Oregon, the folks behind the Measure 91 legalization initiative, have contributed $100,000 to a voter registration effort conducted by the state's major progressive political groups, Our Oregon. The campaign has identified increasing youth turn-out in this off-year election as a key campaign goal.

Medical Marijuana

Charlotte's Web Medical Hemp Act Picks Up More Sponsors. The bill, HR 5226, is picking up more sponsors every day. It got three more Wednesday and two more yesterday. The newest cosponsors are Reps. Jared Polis (D-CO), Peter Welch (D-VT), John Yarmuth (D-KY), John Delaney (D-MD), and Beto O'Rourke (D-TX). The bill, which was introduced at the end of July, now has 21 cosponsors -- 13 Democrats and eight Republicans.

Preserving Welfare for Needs Not Weed Act Gains New Sponsor. The bill, HR 4137, would bar the use of EBT cards from the food stamp program in marijuana stores. Rep. Kenny Marchant (R-TX) becomes the 15th cosponsor. All the cosponsors are Republicans.

Pennsylvania Senate to take Up Medical Marijuana Next Week. Senate Majority Leader Dominic Pileggi (R-Chester) said Wednesday night he plans to caucus on whether to move forward with Senate Bill 1182, saying the bill has "broad support" in the legislature.

Iowa Legislature Panel Says Medical Marijuana Should be Grown in State. A bipartisan legislative committee studying the state's CBD oil medical marijuana law has recommended growing and distributing it in the state and reclassifying marijuana under state law. The vote was largely along party lines, with only one Republican voting for Iowa-grown medical marijuana.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up More Cosponsors. The bill, HR 5212, would provide additional protections against civil asset forfeiture efforts by law enforcement and prosecutors. The newest cosponsors are Reps. Rob Bishop (R-UT), Dana Rohrabacher (R-CA), Michael Conaway (R-TX), and Paul Broun (R-GA). The bill has nine cosponsors, all Republicans.

Drug Testing

California Initiative to Drug Test Doctors Losing Ground. A new Field Poll finds that Proposition 46, a medical malpractice initiative that includes a provision mandating drug testing for doctors, is well under 50%, with support declining. Support for the measure is at 34%, with 37% opposed and 29% undecided. It had led earlier, but support is evaporating in the face of a multi-million dollar "no" campaign funded by doctors, medical groups, and insurance companies.

Sentencing

Second Chance Reauthorization Act Picks Up New Sponsors, Hearing Set Next Week. The bill, SB 1690, would amend the existing act to broaden access to family-based drug treatment and other reentry services. The newest cosponsors are Sens. Susan Collins (R-ME) and Mazie Hirono (D-HI). The Senate Judiciary Committee will take it up next Thursday.

International

Smoke-In in Front of the Colombian Congress. The Colombian Congress was the scene of a peaceful marijuana smoke-in Thursday, with demonstrators demanding the legalization of the drug. Demonstration leaders vowed to continue protests, "rolling joints in any place" in the capital city, Bogota. The demo comes as the Congress considers a medical marijuana bill.

REDEEM Act Aims to Fix Criminal Justice System [FEATURE]

A pair of US senators from opposite sides of the political spectrum have teamed up in a bid to fix "the nation's broken criminal justice system." Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) earlier this summer introduced the Record Expungement to Designed to Enhance Employment Act, generally referred to as the REDEEM Act.

The REDEEM Act aims to help young offenders break the cycle of criminal justice system involvement. (samhsa.gov)
While observers say the bill is unlikely to pass this year, its introduction lays the groundwork for moving forward on it in the next Congress.

The act, Senate Bill 2567, its sponsors say, is designed to give people convicted of nonviolent offenses, including drug offenses, a second chance at succeeding. It also aims to divert many teenagers out of the adult criminal justice system.

Booker, a black northeastern liberal, and Paul, a libertarian-leaning southern conservative, may appear to be strange bedfellows, but both said fixing the criminal justice system was more important than partisan rivalries in statements made when the bill was introduced.

"I will work with anyone, from any party, to make a difference for the people of New Jersey, and this bipartisan legislation does just that," Sen. Booker said. "The REDEEM Act will ensure that our tax dollars are being used in smarter, more productive ways. It will also establish much-needed sensible reforms that keep kids out of the adult correctional system, protect their privacy so a youthful mistake can remain a youthful mistake, and help make it less likely that low-level adult offenders re-offend."

"The biggest impediment to civil rights and employment in our country is a criminal record," said Sen. Paul. "Our current system is broken and has trapped tens of thousands of young men and women in a cycle of poverty and incarceration. Many of these young people could escape this trap if criminal justice were reformed, if records were expunged after time served, and if nonviolent crimes did not become a permanent blot preventing employment."

Even though the United States contains only 5% of the world's population, it contains 25% of the world's prisoners. US prison populations have more than tripled since the Reagan administration in the 1980s, largely under the impetus of the war on drugs. American taxpayers have seen their bill for mass incarceration rise from $77 each per year in when Reagan took office in 1980 to more than $260 each per year in 2010.

The REDEEM Act would seek to reduce those costs by reforms that would divert juvenile offenders from adult courts, improve the conditions for juvenile offenders, allow some adult offenders a means to expunge their records, and allow adult drug offenders who have done their time to be eligible for benefits they are now barred from obtaining.

The act would:

  • Incentivize states to increase the age of criminal responsibility to 18 years old: Currently 10 states have set the original jurisdiction of adult criminal courts below 18 years old. The REDEEM Act incentivizes states to change that by offering preference to Community Oriented Policing Services (COPS) grant applications for those that have set 18 or older as the age of original jurisdiction for adult criminal courts.
  • Allow for sealing and expungement of juvenile records: Provides for automatic expungement of records for kids who commit nonviolent crimes before they turn 15 and automatic sealing of records for those who commit non-violent crimes after they turn 15 years old.
  • Restrict use of juvenile solitary confinement: Ends the practice of solitary confinement except in the most extreme circumstances in which it is necessary to protect a juvenile detainee or those around them.
  • Offer adults a way to seal non-violent criminal records: Presents the first broad-based federal path to the sealing of criminal records for adults. Non-violent offenders will be able to petition a court and make their case. Furthermore, employers requesting FBI background checks will get only relevant and accurate information -- thereby protecting job applicants -- because of provisions to improve the background check system.
  • Lift the ban on SNAP and TANF benefits for low-level drug offenders: The REDEEM Act restores access to benefits for those who have served their time for use and possession crimes, and for those who have paid their dues for distribution crimes provided their offense was rationally related to a substance abuse disorder and they have enrolled in a treatment program.

Cory Booker
While the bill was filed last month, it remains a work in progress. A number of advocacy groups, including the Sentencing Project, the Open Society Foundations, the Drug Policy Alliance, and the Interfaith Criminal Justice Coalition have been meeting with Booker and Paul staffers in an effort to make it even better. That work continues.

"A lot of the criminal justice and civil rights and faith groups and the Legal Action Center have been involved in trying to develop legislation like this and are supportive of at least parts of the REDEEM ACT," said Jeremy Haile, federal advocacy counsel for the Sentencing Project. "Both senators have said they are willing and want to hear from advocates about how to make the bill better. We've been doing that," he noted.

"We'd like to see it strengthened in some areas in terms of the repeals of bans for people with felonies getting federal benefits, as well as Pell grants and housing benefits. We'd like to see the bill expanded to take away those bans on services as well because they are all counterproductive for a safer reentry when people are released from prison," Haile continued.

While the bill has been described as a comprehensive criminal justice reform bill, Haile said, it really addresses a few distinct areas around the repeal of bans on benefits, as well as the juvenile justice measures.

Rand Paul
"Repealing the SNAP and TANF bans for people with drug offenses is something we're really interested in," he said. "As it is, the bill will be especially beneficial for people with drug possession and use offenses. People with drug distribution offenses will have to show they have taken advantage of drug treatment and other things."

There is still time to make the bill stronger, Haile said, especially given partisan gridlock and upcoming midterm elections.

"Given that it's an election year and the lack of progress in Congress on just about everything, it's probably not going to pass before the election," he predicted. "But the bill sponsors are very committed to trying to advance it, if not during this session or during the lame duck, then they will reintroduce it next year."

In the meantime, the country and the economy will continue to suffer the effects of over-criminalization and over-incarceration, Booker said.

"Our country's misguided criminal justice policies have placed an economic drag on communities in both of our states, and on our nation's global competitiveness -- all while making us less, not more, safe," he proclaimed.

Washington, DC
United States

Comedian Randy Credico's Deadly Serious Quest to Run New York [FEATURE]

New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.

Credico campaign ad in The Nation magazine
But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.

"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.

Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.

Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.

Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.

But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:

  • legalize marijuana;
  • close Attica prison;
  • ban racial profiling and end stop and frisk;
  • end the Rockefeller drug laws; and
  • direct election of all criminal judges.

The Candidate (credico2014.com)
"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."

[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]

Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.

"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."

Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.

"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.

But Credico even argues that he should have the right to do blow, if that's what he wants to do.

"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.

At a forum at the New York Society for Ethical Culture (credico2014.com)
Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.

"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.

"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."

Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.

"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."

Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.

Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.

"I don't get no respect," he intoned. "I'm running against two people from the ruling class."

But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.

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

NY
United States

Chronicle AM -- July 8, 2014

There are now two states where marijuana can be legally sold to adults, Marc Emery's time in America's drug war gulag comes to an end, two senators file the REDEEM Act for ex-offenders, there may be magic in those mushrooms, and more. Let's get to it:

Marc Emery is about to leave the land of the living dead and rejoin his wife, Jodi, back home in Canada. (wikimedia.org)
Marijuana Policy

Washington State Retail Marijuana Sales Began This Morning. The first legal recreational marijuana sales in Washington occurred shortly after 8:00am today, when a visitor from Kansas bought two grams of pot for $26.50 at Top Shelf Cannabis in Bellingham. The state has authorized up to 344 retail marijuana outlets, but only a handful are open today, and there are worries about legal marijuana shortages as well. Stay tuned as Washington treads down the path of pot legalization.

Canadian "Prince of Pot" Marc Emery Gets Out of US Prison Tomorrow. The five-year legal martyrdom of Canadian marijuana legalization gadfly Marc Emery is about to come to an end. Emery will leave federal prison tomorrow after serving a sentence for selling marijuana seeds to customers in the US. He won't get back home to Canada immediately; there is some red tape involved that will keep him in the US for several more weeks, but we fully expect Emery to take up where he left off in terms of relentless activism -- once he has had a chance to reunite with his stalwart wife, Jodi.

New York Fairness and Equity Act Seeks to End Marijuana Arrests, Fix Loopholes in State Law. Elected officials, community groups, and activists will rally Wednesday at New York City Hall to announce the introduction of the Fairness and Equity Act. The bill is designed to end mass, racially-biased marijuana possession arrests by fixing the state's decriminalization law to eliminate the difference between private and public possession, creating a process for those arrested under the current law to clear their records, and reducing the harms of collateral consequences of pot possession arrests. The bill is not yet available on the state legislative web site. Click on the link for more details.

Medical Marijuana

San Jose Collectives, Dispensaries Fight Looming Shut-Downs With Referendum Effort, Thursday Protest. The city of San Jose has recently passed an ordinance that will result in the forced closure of more than 70 collectives and dispensaries, and the industry is fighting back. There is a petition drive underway to stop the city from shuttering the businesses, and there will be a rally throughout Thursday afternoon at city hall. Stay tuned.

San Diego Sheriff's Office Returns Marijuana to Raided Dispensary. Sheriff's office officials have handed back 20 pounds of marijuana, as well as grow equipment, seized in a raid last year from the SoCal Pure Collective in North County. The legal case against the collective was dropped in April, and a judge ordered all the confiscated goods returned. But collective operator Laura Sharp still fumes over the raid itself, a paramilitarized exercise of police power aimed at patients and providers. "I don't think that we needed to have assault rifles held to our heads. I think we could have been served paperwork," she said.

Psychedelics

Study Finds Magic Mushrooms Open Strange Brain State, Could Unlock Permanent Shifts in Perspective. A study published in the journal Human Brain Mapping has found that psychedelic mushroom compounds may be opening brain states usually experienced only in dreams and suggests that their use may have permanent positive effects on the brain. This could open the door for more research on the use of psychedelics as a treatment for disorders such as depression and anxiety. Click the study link for more details.

Reentry and Rehabilitation

Senate Odd Couple Introduce REDEEM Act to Assist Ex-Cons with Re-Entry. New Jersey Democratic Sen. Cory Booker and Kentucky Republican Sen. Rand Paul will today introduce the REDEEM Act, which aims to assist formerly incarcerated people with reentering society in a productive manner. The bill would, among other things, help seal conviction records and eliminate barriers to reentry, employment, and public assistance. The bill is not yet up on the congressional web site.

International

Applicants Sought for Two-Week London Fellowship on West Africa Drug Policy Reform. The Open Society Foundation is seeking applicants for a West African fellowship on drug policy reform. The two-week program is set to take place in London in October, 2014, and will be hosted by the drug policy organization, Release. Those interested in the program are encouraged to apply by visiting the link here for more details. You have until July 31 to apply.

Conference on Marijuana Regulation in London Later This Month. A Cannabis Conference will be held July 23 at the House of Lords in London. It is supported and sponsored by Baroness Meacher, the chair of the All Party Parliamentary Group on Drug Reform Policy. Click on the link for more details.

Dominican Prime Minister Wants Review of Marijuana Laws. Dominican Prime Minister Roosevelt Skerrit told a press conference Tuesday that the time has come to review the country's marijuana laws. "We believe the time has come for us to look at the laws relating to marijuana, for example someone with a very small quantity of marijuana, we will send him to prison, and the question is, if a man has five grams of marijuana should this person be sent to prison for that small amount and that person would have a criminal record for the rest of his life," Skerrit said. His remarks come as CARICOM convenes a commission to study marijuana law reform in the region.

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