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Chronicle AM: First Las Vegas MedMJ Shop, Peru Restarting Drug Plane Shootdowns, More (8/21/2015)

A Wisconsin tribe moves toward legal marijuana, Oakland's effort to back the Harborside dispensary gets shot down in federal court, Peru wants to shoot down drug planes again, both major Kentucky governor candidates want to drug test welfare recipients, and more.

Peru claims a ton a day of cocaine is being flown out of the country. (gob.es)
Marijuana Policy

California NAACP Files Legalization Initiative. The civil rights group has filed the Community Act to Regulate, Control and Tax Cannabis, the latest addition to the growing list of legalization initiatives filed in the state. Reports are that the initiative is not designed to compete with the still long-awaited proposal from ReformCA, of which the California NAACP is a member, but to submit model language in support of the broader effort. The initiative would legalize up to an ounce and allow personal grows of up to 25 square feet, as well as allow marijuana commerce.

Wisconsin's Menominee Tribe Votes to Legalize Marijuana on Reservation. Tribal members overwhelmingly approved two advisory questions on whether the tribe should legalize marijuana on its reservation. Recreational marijuana was approved 677 to 499, while medical marijuana was approved 899 to 275. The matter now goes to the tribal legislature, which, given the vote, will likely approve ordinances allowing for marijuana.

Medical Marijuana

Federal Appeals Court Rejects City of Oakland Lawsuit Backing Harborside Dispensary. The 9th US Circuit Court of Appeals has upheld a lower court ruling dismissing Oakland's lawsuit against the Justice Department and the Northern California US Attorney's office. The city had argued that closing the dispensary would deprive it of tax revenues and increase crime by creating a black market for marijuana. Then-US Attorney Melinda Haag moved in 2012 to seize Harborside, claiming it violated federal law by selling medical marijuana. The case continues even though the Justice Department has since said it generally wouldn't interfere with state marijuana laws.

First Las Vegas Dispensary Set to Open Monday. A spokesman for Euphoria Wellness said Thursday the dispensary had won final state and county approvals this week and would open for business Monday. It will be the first dispensary in Clark County. The first dispensary in the state opened last month in the Reno suburb of Sparks.

Drug Testing

Both Major Kentucky Gubernatorial Candidates Want to Do Welfare Drug Testing. Democratic Attorney General Jack Conway has joined Republican gubernatorial nominee Matt Bevin in calling for drug testing of some welfare recipients. "I don't want to see our tax dollars going to support drug addiction," Conway, the Democratic front-runner, said Thursday. But Conway called for suspicion-based drug testing, while Bevins called for random testing, and Conway rejects drug testing Medicare recipients, while Bevins is for it.

International

Peruvian Congress Approves Shooting Down Suspected Drug Planes. The Congress voted unanimously Thursday to allow military planes to shoot down suspected drug flights. Drug-fighting President Ollanta Humala is expected to sign the bill. Peru claims a ton of cocaine a day is flown to Bolivia. Peru used to shoot down drug planes, but stopped after one of its pilots in a CIA-run program shot down a small plane carrying US missionaries, killing US citizen Roni Bowers and her infant daughter, Charity.

Russia Threatens to Ban Wikipedia Over Drug "How To" Entry. Russia's online censor, Roskomnadzor, says it will ban the entire website from Russia unless it removes or blocks access to an article about how to make a marijuana preparation. The censor has also recently gone after Reddit and YouTube over similar postings. Click on the link for more.

Canada's NDP Would Decriminalize Marijuana "Right Away." New Democratic Party leader Thomas Mulcair said Thursday that "the NDP's position is decriminalization the moment we form a government" and that "it's something we can do right away." The NDP is leading most polls in the elections set for October. The Liberals under Justin Trudeau have called for outright legalization, but they're polling third, behind the Conservatives, who have taken a hard line opposing any moves at drug liberalization.

Dusseldorf Moves Forward on Legal Marijuana Sales Plan. Councilors in the German city Wednesday approved a pilot project to sell marijuana to adults. The move was a joint effort by the three parties that form the city's governing coalition, the Social Democrats, the Free Democrats, and the Greens. A similar move is afoot in Berlin, Germany's largest city, where councilors in the Friedrichshain-Kreuzberg district applied for a marijuana license in June.

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

Chronicle AM: Truckers Oppose Hair Drug Tests, TX Drug Felon Food Stamp Ban Ending, More (8/20/2015)

Asset forfeiture reform is moving in Michigan, Texas is about to end its ban on food stamps for drug felons, Brazil's high court takes up a case that could lead to drug decriminalization, the Teamsters and other labor groups pan hair drug testing, and more.

Truckers and other labor groups are urging the House to reject hair drug testing. (wikimedia/Veronica538)
Marijuana Policy

Ohio Chamber of Commerce Joins Opposition to Legalization Initiative. The Ohio Chamber of Commerce said Wednesday it would "strongly oppose" the ResponsibleOhio legalization initiative and will donate $100,000 to defeat it at the polls. The chamber cited worries over workplace safety. The initiative campaign said it was not surprised, given that chambers of commerce in other states where legalization has been an issue have always opposed it.

Asset Forfeiture

Michigan Asset Forfeiture Reform Package Wins Senate Panel Vote. The Senate Judiciary Committee Wednesday approved a package of bills reforming civil asset forfeiture. House Bills 4499 and 4503-4506 all passed unanimously. Five of the bills increase reporting requirements for law enforcement agencies, while two bills would raise standards in drug and public nuisance forfeiture cases from "a preponderance of evidence" to "clear and convincing evidence." The committee did not vote on House Bill 4508, which would have barred the seizure of vehicles used to purchase less than an ounce of marijuana, after committee lawyers said it would legalize marijuana.

Drug Policy

Texas to End Ban on Food Stamps for Drug Felons. Beginning September 1, Texas becomes the latest state to opt out of a federal ban on food stamps for drug felons that was enacted as part of the 1996 federal welfare reform bill. Many states opted out immediately, and now only a handful maintain the ban. They are Alaska, Georgia, Mississippi, South Carolina, West Virginia and Wyoming.

Drug Testing

Teamsters, Other Unions Urge House to Reject Hair Testing. A coalition of labor groups has sent a letter to House lawmakers dealing with transportation issues asking them to reject a recent Senate proposal to let trucking companies use hair testing for drugs instead of urine testing. The Senate proposal is part of a six-year highway bill. "We urge the Transportation and Infrastructure Committee to reject efforts to allow hair to be used for federal drug tests before the validity and reliability of this testing method can be determined by the Department of Health and Human Services, the groups, including the Teamsters and a branch of the AFL-CIO, wrote. Urine testing, which detects recent drug use, has "proven effective," the groups said. Hair drug testing detects drug use going back months.

Harm Reduction

Third Indiana County Gets Emergency Needle Exchanges. The state health commissioner has declared a public health emergency in Fayette County because of high levels of Hepatitis C infections. That will allow the county to institute needle exchange programs. Similar emergencies were declared earlier this year in Scott and Madison counties.

International

Brazil Supreme Court Considering Case That Could Lead to Drug Decriminalization. On Wednesday, the country's high court began arguing the case of a prison inmate caught with three grams of marijuana and charged with drug possession. Sao Paulo state public defenders are pushing for the conviction to be overturned on the grounds that the charge is unconstitutional because it violated citizens' privacy rights. The judges are continuing to consider the case today, with a ruling expected shortly.

New Canada Poll Has Two-Thirds for Marijuana Decriminalization. A new Ipsos poll has 65% of Canadians favoring decriminalization, with 35% opposed. "Doesn't matter where you live in the country, a majority of every demographic group supports decriminalization," said pollster Sean Simpson. Support was at 39% in 1987 and increased steadily since then.

Chronicle AM: OH Will Vote on Legalization, ME Welfare Drug Test Program Finds One User, More (8/13/2015)

Ohio could be the next state to legalize marijuana, a union boss gets busted for taking bribes from dispensaries, "fake weed" is the subject of repression in Boston and New York state, Maine's welfare drug test program finds a single drug user, and more.

New psychoactive substance like these synthetic cannabinoids face bans, not regulation.
Marijuana Policy

Ohio Will Vote on Marijuana Legalization This November. Ohio Secretary of State Jon Husted announced Wednesday afternoon that the ResponsibleOhio marijuana legalization has qualified for the November ballot. Husted reported that the initiative campaign had collected 320,267 valid voter signatures; it needed 305,000 to qualify for the ballot. The initiative is controversial among marijuana legalization supporters because it creates a "monopoly" of ten allowed locations for commercial marijuana grows, which are owned by the people who funded the campaign. The initiative would also create a system of licensed marijuana processing facilities and retail outlets. And it would allow individual Ohioans to grow and possess small amounts of marijuana.

Medical Marijuana

Oakland Again Considers Licensing Medical Marijuana Farms. The city is in the process of crafting regulations and issuing licenses for medical marijuana grows, as well as other marijuana-related businesses. The city had proposed something similar in 2011, but retreated after federal prosecutors criticized the plan. But now the federal position has changed, and Oakland is ready to try again.

UFCW Official Accused of Taking Bribes from Dispensaries. Dan Rush, the executive director of the United Food and Commercial Workers (UFCW) cannabis division, has been charged in federal court with taking bribes or kickbacks to endorse potential dispensary operators. The feds accuse Rush of taking a $600,000 loan from one dispensary operator, and when he was unable to repay it, working with an attorney on "steps to provide various labor benefits to the (dispensary operator), including union support for opening dispensaries and reducing or eliminating pressure to unionize dispensary workers," the complaint says.

Oregon Governor Signs Medical Marijuana Task Force Bill. Gov. Kate Brown (D) has signed into law Senate Bill 844, which establishes a task force to research the medical and public health properties of marijuana. The task force will make a report with recommendations to the legislature on developing a medical marijuana industry that supplies patients with products that will meet their needs.

New Psychoactive Substances

New York Lawmakers Want Tougher Laws Against "Fake Marijuana." Last week, Gov. Andrew Cuomo (D) imposed an emergency ban on the sale of synthetic cannabinoids, but legislators want more. "Unfortunately, it is not doing the trick," said state Sen. Jeff Stein (D-Bronx). "We need a law on the books in Albany and we need a law right now. Synthetic marijuana is dangerous and poses a very real public health threat to New Yorkers, their families and children." He's supporting a bill that would make selling more than 25 grams of the stuff a felony punishable by up to five years in prison.

Boston City Council Bans "Fake Weed." The city council voted Wednesday to ban the sale of synthetic cannabinoids, commonly referred as "fake marijuana" or "synthetic marijuana." People caught selling the stuff will face a fine of $300, and police can now seize the drug.

Drug Testing

Maine Welfare Drug Testing Program Has Found Only One Drug User. The state began screening welfare applicants in April, but so far only one person has tested positive for drugs. The program screens all applicants for "reasonable suspicion" of drug use or if they have drug felonies, then subjects those it deems likely to be drug users to drug testing. But only 15 people have been referred to drug testing. Thirteen were blocked from receiving benefits because they didn't show up for either the initial screening or the drug test, and one tested positive. The results are in line with results from other states, whether drug screening and testing has also found very small numbers of drug users.

International

British Pot Farm Raids Decline. The number of police raids on commercial marijuana grows dropped by more than 17% last year. Observers cited law enforcement budget cuts and other factors. "Recent budget cuts appear to be reducing the amount of proactive policing that's going on," said Matthew Atha of the Independent Drug Monitoring Unit. "One of the main methods of detecting cannabis growers is police helicopters with infrared cameras and they cost a lot of money to keep in the air." This year, some British police forces have said they were going to deprioritize marijuana enforcement, but that wouldn't explain the decline last year.

Chronicle AM: ResponsibleOhio Comes Up Short -- Maybe, MI Dispensary Busts, OK Forfeiture Abuses, More (7/20/15)

Ohio election officials have disqualified more than half the signatures gathered for the ResponsibleOhio initiative, but the battle isn't over; a Michigan legalization initiative gets rolling, an Oklahoma report raises the curtain on asset forfeiture abuses, and more.

Will they make the ballot or not? Check back in 10 days.
Marijuana Policy

Ohio Officials Say ResponsibleOhio Initiative Short on Signatures, But… The office of Secretary of State Jon Husted said today that the ResponsibleOhio legalization initiative had come up 29,000 signatures short of qualifying for the ballot. The campaign had gathered nearly 700,000 and needed only 305,000 to qualify, which would suggest a bad signature rate far, far above what the conventional wisdom suggests, maybe 25% or 30%. But it ain't over yet. ResponsibleOhio now has 10 days to try to make up the shortfall, and it says it will go to the state Supreme Court to fight over some 40,000 signatures that "remain unaccounted for" in the secretary of state's tally.

Michigan Legalization Initiative Kicks Off Signature Gathering Drive. Supporters of the Michigan Legalize initiative held a volunteer kickoff meeting in Marquette last Saturday. They will need to gather some 315,000 valid voter signatures to qualify for the 2016 ballot. There is at least one competing initiative in the state, too.

Medical Marijuana

Michigan Cops Raid Medical Marijuana Dispensaries. Police departments in the greater Detroit area have shut down several dispensaries in the past week, in some cases bringing felony charges against the operators. Raids, arrests, and seizures took place in Shelby Township and Detroit last week. While the city has an estimated 180 dispensaries, they are illegal under the state's medical marijuana law.

Asset Forfeiture

Oklahoma Reports Show Asset Forfeiture Abuses. Audits by the State Auditor and Inspector's Office for the past five years show many district attorneys didn't have formal policies for dealing with seized property and that, in many cases, police didn't keep inventories of seized items. In some cases, seized money was spent before in was legally forfeited; in others, forfeiture cases were never filed for seized money. The report also found that seized money was used to pay for retirement plaques, a retirement party, doughnuts for a "spring roundup," and for a prosecutor's student loans and house rental. In the latter case, the prosecutor justified the rent payments saying that he spent most of his time on drug cases. Click on the link for more.

Drug Testing

Indiana Town to Stop Drug Testing Welfare Applicants… For Now. Black Township has agreed to stop drug testing applicants to its public assistance program until a lawsuit over whether the practice is constitutional is decided. The ACLU of Indiana filed the lawsuit in federal court in June. The judge in the case last week signed an order approving the agreement to stop drug testing until the case is settled.

Opiates and Heroin

New Jersey Governor Signs Prescription Monitoring Bill. Gov. Chris Christie (R) has signed a bill that will expand and tighten the state's prescription management program, one of a series of bills intended to combat the state's problem with heroin and prescription opiate use. The bill requires all doctors to register for the program and to check the program when patients return for a second refill on medications. The law is part of a 21-bill package targeting opioid and heroin abuse in New Jersey.

International

Australia Greens Call for Adoption of Portugal Drug Model. The Australian Green Party is calling for the country to follow the example of Portugal and decriminalize drug possession. It says Australia's current drug policies have failed, and the Portuguese model is the best path forward.

Chronicle AM: Obama Calls for More Criminal Justice Reforms, Israeli Knesset Pot Brouhaha, More (7/15/15)

The president gives a major speech calling for greater criminal justice reform, there's a revised version of a California marijuana legalization initiative, North Carolina is moving to ban new synthetic drugs, the Israeli Knesset squabbles over marijuana policy, and more.

Wisconsin's Republican governor wants to drug test food stamp recipients and is going to court to fight for it. (wikimedia.org)
Marijuana Policy

Second Version of California Marijuana Control, Legalization, and Revenue Act Filed. The folks behind the initiative have revised and updated it. This is one of four legalization initiatives already filed. Everyone is still waiting for one from the California Coalition for Cannabis Policy Reform to drop. To read the latest version of the Marijuana Control, Legalization, and Revenue Act, click on the title link.

New Synthetic Drugs

North Carolina Set to Ban N-Bomb, Other New Synthetics. A bill that would make the synthetic drug NBOMe (N-Bomb) and other designer drugs illegal is one vote away from passage. House Bill 341 would add 12 known variants of NBOMe to the state's Schedule I list. It would also add methoxetamine, a synthetic form of ketamine often marketed as Special K, and acetyl fentanyl, a synthetic form of the opioid fentanyl. Variants of methylphenidate (Ritalin) would also be banned, and some recent synthetic cannabinoids, too. The bill has passed the House and now awaits a final Senate floor vote.

Criminal Justice

President Obama Calls for Greater Criminal Justice Reform. In a speech before the NAACP Tuesday, Obama called for reducing or eliminating mandatory minimum sentences for nonviolent drug crimes, reconsidering solitary confinement, increased reentry programs for people leaving prison, and an end to asking about criminal histories on job applications. He also called on Congress to pass sentencing reform legislation by year's end. Click on the link for much more.

Drug Testing

Wisconsin Challenges Federal Ban on Food Stamp Drug Testing. The state attorney general Tuesday filed a lawsuit against the federal government seeking to clarify whether federal law would allow the state to drug test food stamp recipients. Gov. Scott Walker (R) earlier this week signed a measure to do so into law. The US Agriculture Department says that drug testing food stamp recipients is not allowed, but Attorney General Brad Schimel (R) said that policy is contrary to federal law that allows states to test them.

International

Israeli Knesset Members Boycott Marijuana Policy Meeting to Protest "Pro-Legalization" Views of Panel Head. Most members of the Knesset Committee on Drug and Alcohol Abuse failed to show up for a committee meeting on "progressive cannabis policies" Tuesday, saying they were protesting the pro-legalization stance of committee chair Tamar Zandberg of the Meretz Party. Conservative MPs accused Zandberg of "turning [the committee] into the caucus to promote cannabis... instead of the goal for which the committee was formed: to fight drug abuse and drug-related crimes, rehabilitation of users, and public campaigns to prevent drug and alcohol abuse in general and especially among youth." Zandberg was unbowed. "I support legalization and I have never hidden it, and I plan to lead the committee with up-to-date and relevant discussions based on data," she added. "The committee will seriously deal with a long line of topics, including medical marijuana, dealing with alcoholism, and trying to change the policy of criminalizing cannabis." She accused the protesting members of being a "nature reserve of moralizers."

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

Chronicle AM: El Chapo Escapes from Mexican Prison, Obama Commutes 46 Drug Sentences, More (7/13/15)

More marijuana reform initiatives get filed, Wisconsin's governor modifies a food stamp drug test bill to make screening mandatory, the world's wealthiest drug lord breaks out of prison, and more. ;

Marijuana Policy

Florida Legalization Initiatives Filed. At least two marijuana legalization initiatives have been filed with the secretary of state this month. One would direct revenues generated by legalization to pay teacher salaries. Neither appears to be a serious, well-financed effort. They will need 680,000 valid voter signatures to make the 2016 ballot.

South Dakota Decriminalization Initiative Filed. A group of activists has filed an initiative to decriminalize the possession of an ounce of less of weed in the state. The effort is being led by South Dakotans Against Prohibition, and is being portrayed as providing protections to medical marijuana patients as well as recreational users. A medical marijuana initiative in the state is already in the signature gathering phase.

New Synthetic Drugs

DC Mayor Signs Into Law Bill With Harsh Civil Penalties for Selling Synthetics. Mayor Muriel Bowser (D) last Friday signed into law a bill that imposes harsh penalties on retail outlets selling synthetic marijuana. The legislation gives the DC Metro Police immediate authority to close businesses found selling the drugs and gives the mayor the power to impose a $10,000 fine.

Drug Testing

Wisconsin Governor Modifies Food Stamp Drug Test Bill, Removes "Reasonable Suspicion" Requirement. Gov. Scott Walker (R) signed his state budget into law Sunday, but not before making two changes in the part of the law that authorizes drug testing of food stamp recipients. The testing was limited to people whom state workers had "reasonable suspicion" were using drugs, but Walker removed that language, saying there shouldn't be limits on who it can drug test. That means the law will almost certainly face a constitutional challenge since similar suspicionless, mandatory drug testing laws have been overturned by the federal courts. Walker also removed language that would have provided free drug treatment to people who tested positive. He officially announced today that he is seeking the GOP presidential nomination.

Sentencing

Obama Commutes Sentences for 46 Drug Offenders. President Obama announced today he has granted clemency to dozens of federal inmates, the vast majority of them sentenced under draconian crack cocaine laws. More than 30,000 federal prisoners have applied for clemency since the Obama administration issued a call for them to do so last year. Click on the title link for our feature story on this.

International

Chapo Guzman Breaks Out of Mexican Prison. In a huge embarrassment to the Mexican government, imprisoned Sinaloa Cartel leader Joaquin "El Chapo" Guzman tunneled his way to freedom out of the Almoloya de Juarez maximum security prison west of Mexico City Saturday night. This is the second time Guzman has broken out of a Mexican prison. In 2001, he escaped from another high-security prison and wasn't recaptured until last year. Guzman is likely the world's wealthiest drug trafficker. His cartel is responsible for tens of thousands of killings in Mexico's drug war in the past few years.

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

The US Is Deporting Hundreds of Thousands for Drug Offenses, Many Minor [FEATURE]

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

The US government wants to throw Marsha Austin out of the country. The 67-year-old grandmother came from Jamaica to New York as a lawful resident in 1985, and has lived here ever since with her husband, seven children (two more are in Jamaica), grandchildren, and great-grandchildren. All are legal residents or US citizens.

Marsha Austin and her family in the Bronx (hrw.org)
By her own admission, she had problems with drugs. "I live in a drug-infested area," she said of her neighborhood in the Bronx, and she succumbed to the lure of crack cocaine in the wake of her mother's death. Jones racked up several minor convictions before getting popped for making a $5 purchase for an undercover officer in 1995.

That was "attempted criminal sale of a controlled substance in the third degree," to which she pleaded guilty on her public defender's advice. The attorney failed to tell her the conviction could lead to deportation.

Her convictions led to little or no jail time, but in 2010, as her husband's health faltered, she violated probation by drinking alcohol. She did 90 days in jail, but instead of walking out, she was seized by immigration authorities at the end of her sentence and spent the next 2 ½ years in immigration jail awaiting deportation.

Immigration and Customs Enforcement (ICE) repeatedly opposed her release, claiming she was under mandatory detention for her drug offenses, but then released her unexpectedly in 2013. She's been in treatment since then and now proudly reports that she's been "clean as a whistle" for the past five years. Now, her husband's health is failing, as is the health of her daughter, who suffered a breakdown after her own daughter suffered a serious illness.

"My kids and my grandkids, that's what I'm living for now," she said.

But she remains in limbo. The US government still wants to send her back to Jamaica, arguing that she is subject to deportation for the "aggravated felony" of buying $5 worth of crack for a narc.

She's not alone. Beginning late in the George W. Bush years and continuing through the Obama administration, the US has been deporting and trying to deport immigrants for drug offenses at a record clip. According to a just released report from Human Rights Watch, more than 260,000 non-citizens -- legal residents and illegal immigrants alike -- were deported for drug offenses between 2007 and 2012. Shockingly, 34,000 people were deported for marijuana possession offenses alone.

The trend is upward. The number of people deported whose most serious offense was a drug crime was up 22% over that period, while the number of people deported whose most serious offense was a drug possession offense was up even more, at 43%.

Tens of thousands more have been or are being detained indefinitely in immigration jails fighting pending deportation orders. Such extended imprisonments wreak havoc on the families who husbands or fathers, wives or mothers, are caught up behind bars.

The sweeping action against non-citizens comes as part of the Obama administration's crackdown on "criminal aliens," but seems disproportionately harsh when applied to low-level drug offenders, especially people who have lived all or most of their lives here and have strong family and community roots in this country. It is also at odds with the trends toward drug decriminalization and even legalization now at play in the country.

The Human Rights Watch report, "A Price Too High: US Families Torn Apart by Deportations for Drug Offenses," documents how the US government is routinely breaking up families by initiating deportation proceedings for drug offenses, often ones decades old or so minor they resulted in little or no prison time. Researchers interviewed more than 130 affected immigrants, families, attorneys, and law enforcement officials, and incorporated new data obtained from ICE.

Here are some of the cases examined in the report:

"Raul Valdez, a permanent resident from Mexico who had grown up in the Chicago area from the age of one, was deported in 2014 because of a 2003 conviction for possession of cannabis with intent to deliver, for which he had been sentenced to 60 days in jail.

Ricardo Fuenzalida, a permanent resident from Chile now living in New Jersey, was held without bond for months fighting deportation in 2013 because of two marijuana possession convictions from 13 years earlier.

Jose Francisco Gonzalez, a permanent resident in Anaheim, California, was put into deportation proceedings and held without bond in 2014 because of a 2001 arrest for having two pot plants, despite having successfully completed a California diversion program that promised to erase his criminal record.

Abdulhakim Haji-Eda, a refugee from Ethiopia who came to the US at the age of 13, has been ordered deported as a drug trafficker for a teenage drug sale in Seattle. Now 26 years old, he has no other convictions, and is married to a US citizen with two US citizen children and another on the way.

"Antonio S.," who came to the US from Mexico when he was 12 and was eligible for a reprieve from deportation as a "DREAMer" under the executive program Deferred Action for Childhood Arrivals, was detained for over a year in Colorado and deported after a conviction for possession of marijuana, a municipal violation to which he pleaded guilty without an attorney.

"Alice M.," a 41-year-old graphic designer and Canadian citizen, [was barred] from living in the US with her US citizen fiancé because of a single 1992 conviction for cocaine possession she received in Canada in her last year of high school, a conviction that was pardoned long ago in Canada.

"Mr. V.," a refugee and permanent resident from Vietnam, was ordered deported in 2008 for a 1999 conviction for possession of crack cocaine. Although he has since been granted a full and unconditional pardon from the state of South Carolina, Mr. V. remains under a deportation order and only remains in the US because of restrictions on the repatriation of certain Vietnamese nationals."

"Even as many US states are legalizing and decriminalizing some drugs, or reducing sentences for drug offenses, federal immigration policy too often imposes exile for the same offenses," said Grace Meng, senior US researcher at Human Rights Watch and the author of the report. "Americans believe the punishment should fit the crime, but that is not what is happening to immigrants convicted of what are often relatively minor drug offenses."

The report notes that the Obama administration has been sensitive to the injustices of the war on drugs and urges it to be as sensitive to the harsh effects of its deportation policies related to drug offenses. But it is not just the federal government that can act to improve the situation. Here are the group's recommendations:

"To the United States Congress

Eliminate deportation based on convictions for simple possession of drugs.

Ensure that all non-citizens in deportation proceedings, including those with convictions for drug offenses, have access to an individualized hearing where the immigration judge can weigh evidence of rehabilitation, family ties, and other equities against a criminal conviction.

Ensure that refugees and asylum seekers with convictions for sale, distribution, or production of drugs are only considered to have been convicted of a "particularly serious crime" through case-by-case determination that takes into account the seriousness of the crime and whether the non-citizen is a threat to public safety.

Ensure that non-citizens who are barred from entering the US and/or gaining lawful resident status because of a criminal conviction, including for drug offenses, are eligible to apply for individualized consideration, i.e., a waiver of the bar, based on such factors as the above mentioned.

Eliminate mandatory detention and ensure all non-citizens are given an opportunity for an individualized bond hearing.

Redefine "conviction" in immigration law to exclude convictions that have been expunged, pardoned, vacated, or are otherwise not recognized by the jurisdiction in which the conviction occurred.

Decriminalize the personal use of drugs, as well as possession of drugs for personal use.

To the Department of Homeland Security

Provide clear guidance to immigration officials that a positive exercise of prosecutorial discretion may be appropriate even in cases involving non-citizens with criminal convictions, with particular consideration for lawful permanent residents and non-citizens whose most serious convictions are for nonviolent offenses, including drug convictions, that occurred five or more years ago.

Provide all non-citizens who have been in detention for six months or more with a bond hearing.

To State and Local Governments

Ensure drug courts and diversion programs do not require a guilty plea from defendants that would constitute a conviction that triggers deportation, mandatory detention, and other immigration consequences even upon successful completion of the program.

Remove barriers to post-conviction relief for non-citizens convicted of nonviolent drug offenses through legal error, including through guilty pleas obtained without adequate advice from defense counsel on the potential immigration consequences of the plea.

Decriminalize the personal use of drugs, as well as possession of drugs for personal use."

To be comprehensive and thorough, drug reform must encompass immigration law reform, too.

Chronicle AM: OH MJ Report, Colombia to Debate MJ Legalization, CDC Spice Warning, More (6/12/15)

There's a new report on the impact of marijuana legalization in Ohio, the CDC sounds the alarm on "Spice," a CBD cannabis oil for kids bill passes in Delaware, and more.

Marijuana Policy

Ohio Marijuana Policy Task Force Says Legalization Will Create 35,000 Jobs. A task force commissioned by ResponsibleOhio, which is leading a legalization initiative campaign, issued a 187-page report Thursday that estimated legalization would bring 35,000 jobs to the Buckeye State. Those jobs would provide wages of around $1.6 billion, the report said. The task force was led by Hamilton County (Cincinnati) Prosecutor Joe Deters.

Medical Marijuana

Delaware Legislature Approves Youth CBD Cannabis Oil Bill. The state Senate Thursday unanimously approved Senate Bill 90, which would allow children with epilepsy to use CBC cannabis oil. The bill, also known as Rylie's Law after 9-year-old Rylie Maedler, who suffers from severe seizures, already passed the House and now heads to the governor's desk.

New Synthetic Drugs

CDC Sounds Alarm on Synthetic Cannabinoids. The number of phone calls to poison control centers and the number of deaths related to synthetic cannabinoids ("spice") has tripled this spring compared to last year, the Centers for Disease Control and Prevention reported Thursday. The CDC reported that 15 people had died in the first five months of this year, up from five during the same period last year. For perspective, the CDC reported in April, that there were 44,000 drug overdose deaths in the US in 2013, more than half of them from prescription drugs.

Drug Testing

ACLU Sues Indiana Town Over Mandatory, Suspicionless Drug Tests for Public Assistance. The ACLU of Indiana has filed a lawsuit against the town of Black Township on behalf of a woman who was denied public assistance because she failed to take a drug test. It's not that she failed a drug test; the woman suffers from physical disabilities and was unable to physically urinate into a specimen cup. She sought an alternative means of doing the drug test, but the town refused to allow it. While the ACLU is suing under the Americans with Disabilities Act on that count, it also asserts that the town's policy of mandatory, suspicionless drug testing violates the Fourth Amendment, a position in line with federal court decisions.

International

Colombian Senator Will Push for Full Legalization During Looming Medical Marijuana Debate. Senator Roy Barreras of the coalition U Party said Thursday that he will attempt to amend a proposal to allow medical marijuana to turn it into a full legalization bill. That debate is set to take place next month. Barreras cited security issues, saying it is not drugs but "prohibition that is generating the mafias."

Chronicle AM: Supreme Court Nixes Deportation for Pills, Texas Gov Signs CBD Bill, More (6/2/15)

Massachusetts politicians start to figure out that marijuana is going to be legalized, Congress is set to take up measures to protect legal marijuana states, Texas becomes the 15th CBD cannabis oil state, the Supreme Court nixes deportation of an immigrant for drug paraphernalia, and more.

This article contains a correction, in the Minnesota subsection.

The US Supreme Court rejects deportation of immigrant who had pills in a sock. (supremecourt.gov)
Marijuana Policy

House Getting Ready to Vote on Measures to Protect State Marijuana Laws. The US House is set to vote this week -- perhaps as early as tonight -- on a series of amendments to the Justice Department appropriations bill that would limit federal government interference in states that have legalized marijuana production and consumption. Reps. Tom McClintock (R-CA) and Jared Polis (D-CO) are sponsoring an amendment that would halt the federal prosecution of people involved in marijuana-related activities legal under state law. Last year, the Congress passed a similar measure barring the Justice Department from prosecuting people in medical marijuana states, but this year's amendment covers both legal and recreational states.

Massachusetts Senate President Floats Notion of 2016 Nonbinding Legalization Question. State Senate President Stan Rosenberg (D-Amherst) said Monday that lawmakers should consider putting a nonbinding question about marijuana legalization on the 2016 ballot. He said that would give lawmakers the political cover to craft their own legalization bill. But they may not get the chance: two separate groups are planning legalization initiatives for 2016, and if either makes the ballot and passes, Massachusetts will have legal weed without the legislature.

Medical Marijuana

Minnesota's Cannabis Oil Program Now Taking Registrants. As of Monday, patients can sign up for the state's cannabis oil program, which will go into effect July 1. The state estimates that some 5,000 people will sign up. [Ed: The initial version of this article initially described the Minnesota program erroneously as involving "CBD cannabis oil." While the program has limits including not allowing smoked or edible marijuana, it does not specify THC vs. CBD content.]

Texas Governor Signs CBD Cannabis Oil Bill. Gov. Greg Abbott (R) Monday signed into law the CBD cannabis oil bill, Senate Bill 339, which allows the use of the oil for treating severe forms of epilepsy. Texas is now the 15th state to allow the use of CBD cannabis oils.

Law Enforcement

US Supreme Court Rejects Deportation for Drug Paraphernalia. The Supreme Court ruled Monday that an immigrant could not be deported for possession of drug paraphernalia -- in this case, a sock that was used to hold Adderall pills. The immigrant in question was convicted of possession of drug paraphernalia and served a probated sentence, but was then targeted for deportation by Immigration and Customs Enforcement. The Board of Immigration appeals upheld his deportation, ruling that his paraphernalia possession triggered deportation even though the drug his paraphernalia (the sock) contained was not federally scheduled. The Supreme Court found this untenable: "The incongruous upshot is that an alien is not removable for possessing a substance controlled only under Kansas law, but he is removable for using a sock to contain that substance. Because it makes scant sense, the BIA's interpretation, we hold, is owed no deference…" The case is Mellouli v. Lynch, Attorney General.

Chronicle AM: IL Senate Approves Decrim, MedMJ Extension; Ex-Cincy Police Chief Endorses Pot Init, More (5/22/15)

Midwest marijuana news dominates today, with the Illinois Senate approving decriminalization and medical marijuana extension bills, a prominent Ohio law enforcement figure endorsing a legalization initiative and the state attorney general rejecting another one, and more.

Marijuana Policy

Illinois Senate Passes Decriminalization Bill. The state Senate Thursday approved House Bill 218, which would decriminalize the possession of up to 15 grams of marijuana, replacing the possibility of jail time and a criminal record with a maximum $125 fine and no criminal record. The bill has already cleared the House, but will not go to the governor's desk until sponsors get some additional cleanup language approved.

Former Cincinnati Police Chief Endorses Ohio Legalization Initiative. Former Cincinnati Police Chief Tom Streicher has come out in favor of the controversial ResponsibleOhio pot legalization initiative. "Our state spends over $120 million per year to enforce marijuana prohibition, even though we all know these laws do not work," Streicher said. "Law enforcement should instead be able to spend their time and their resources cracking down on the real criminals." ResponsibleOhio is the midst of a signature-gathering campaign to qualify for the November 2015 ballot. It needs more than 300,000 approved voter signatures to qualify, but says it has 320,000 raw signatures right now and aims to gather 800,000 by the July deadline.

Ohio Attorney General Rejects Language for Third Legalization Initiative. Attorney General Mike DeWine Thursday rejected the ballot summary language for a third statewide legalization initiative, the Ohio Cannabis Control Amendment from Ohioans to End Prohibition. Two other initiatives, from ResponsibleOhio and Better for Ohio, have already been approved and are in the signature-gathering phase. Now, Ohioans for Prohibition will have to gather another 1,000 signatures and resubmit modified language if it wants to move forward.

Medical Marijuana

Illinois Senate Approves Extension of Medical Marijuana Program. The state Senate voted 33-16 Thursday to approve House Bill 3299, which would extend the program by two more years. The measure has already passed the House and is headed for the desk of Gov. Bruce Rauner (R), but it's unclear if he will sign it. He has said he didn't think the program should be extended until it's been fully evaluated -- but it hasn't even really started.

Nebraska Legislature Approves CBD Cannabis Oil Study Bill. The state Senate Thursday gave final approval to Legislative Bill 390, under which the University of Nebraska Medical Center would study the effectiveness of CBD in treating epileptic seizures. Gov. Pete Ricketts (R) now has five days to act on the bill.

Washington Supreme Court Upholds Local Collective Garden Bans. The state Supreme Court ruled 8-1 Thursday that the city of Kent can ban medical marijuana collective gardens. The decision upheld lower court rulings allowing cities to impose bans via zoning regulations. The case was Cannabis Action Council v. City of Kent.

Drug Testing

Maine Committee Rejects Governor's Food Stamp Drug Testing Bill. The legislature's Health and Human Services Committee voted 6-5 on party lines to reject LD 1407, Gov. Paul LePage's (R) bid to impose drug testing on food stamp recipients. That doesn't mean the bill is dead, though; it is still likely to be debated in the House, and the question will be whether the Democrats can hold their caucus together in opposition.

Harm Reduction

North Carolina Jail Becomes First in South to Offer Naloxone to Released Inmates. The Durham County Detention Facility last month began distributing overdose reversal kits to inmates being released in a bid to cut the overdose rate among the newly freed whose tolerance to opiate drugs has been reduced by the jail stays. The formerly incarcerated are more than a hundred times more likely to die of drug overdoses in the first two weeks after their release than the general population.

International

Iceland Support for Marijuana Legalization Doubles, But Still Low. Nearly one quarter (24.3%) of Icelanders now support marijuana legalization, up from 12.7% in 2011, a new survey finds. Men were more supportive than women (31% v. 16%), and the youth were more supportive than older cohorts, but even among people under 30, support was only at 43%.

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