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Chronicle AM -- January 30, 2014

Big news on a couple of fronts regarding federal sentencing and federal prisoners, the DC council is set to approve decriminalization, Minnesota's welfare drug testing law gets some pushback, and more. Let's get to it:

Marijuana Policy

DC City Council to Vote on Decriminalization Bill Tuesday. The District of Columbia city council will vote Tuesday on the decriminalization bill, the Drug Policy Alliance said Thursday in an email to supporters. The link above is to the bill itself.

Missouri Marijuana Legalization Bill Introduced. Rep. Chris Kelly (D-Columbia) Wednesday introduced House Bill 1659, which would allow adults to possess and grow small amounts of marijuana and set up a taxed and regulated marijuana commerce regime.

Latest Poll Has Arizona Voters "Narrowly Opposing" Legalization. Marijuana legalization had the support of 43% of voters, with 51% in a Scutari and Cjeslak poll released Wednesday. That's the fourth poll in the last year on the topic, all conducted by different pollsters. Two show majorities for legalization; two don't.

Medical Marijuana

Oregon Sees Conferences in Ashland, Portland This Week. Would-be marijuana entrepreneurs in Oregon have two conferences aimed at them this week. The two-day Oregon Medical Marijuana Business Conference began today in Ashland. The National Cannabis Industry Association is holding a one-day "Northwest Cannabusiness Symposium" in Portland on Saturday. An Oregon law allowing dispensaries goes into effect March 3.

Charlie Crist Will Vote for Florida Medical Marijuana Initiative. Florida Democratic gubernatorial candidate Charlie Crist said Wednesday he plans to vote for the state's pending medical marijuana initiative. "This is an issue of compassion, trusting doctors, and trusting the people of Florida," he said. "I will vote for it."

Drug Testing

Minnesota Welfare Drug Test Law Draws Flak. Democratic Farm Labor (DFL) legislators, county officials and anti-poverty advocates are pushing back against the state's 2012 law mandating drug tests for welfare recipients with drug felonies. At a hearing Wednesday, Rep. Rena Moran (DFL-St. Paul) said she would propose a bill that would effectively overturn the law by giving counties the discretion to decide whether to apply it or not. County officials complained that the law is expensive to implement and actually affects few people. In one county, one county was forced to spend $1,500 in staff time to search out and test the one person to whom the law applied.

Search and Seizure

NYC Mayor DeBlasio Drops "Stop and Frisk" Appeal. The New York City mayor's office filed papers seeking to drop an appeal of a judge's decision ordering major reforms to the police department's stop-and-frisk policy. A judge ruled last year that the New York Police Department had discriminated against blacks and Hispanics with how it went about stopping, questioning and sometimes frisking people on the street. The judge ordered major reforms to the department's implementation of the policy. Then-Mayor Michael Bloomberg appealed the decision.

Sentencing

Senate Judiciary Committee Approves Smarter Sentencing Act. The Senate Judiciary Committee today approved the Smarter Sentencing Act on a 13-5 vote. It now goes to the Senate floor. Similar legislation is pending in the House.

Justice Department Calls for Drug Prisoners to Seek Clemency. In an unusual move, the Obama administration Thursday told defense lawyers they should suggest more inmates serving time on drug charges who might be deserving of clemency. In a speech to the New York State Bar Association, Deputy Attorney General James Cole told attendees that the Justice Department wanted more names to forward to the White House -- and that the defense bar could be of assistance.

Synthetic Drugs

Minnesota Synthetic Drug Bill Wins Committee Vote. Minnesota's House Select Committee on Controlled Substances and Synthetic Drugs Wednesday approved a bill that would toughen laws against new synthetic drugs by expanding the definition of "drug" under the law to include any "substance or derivative… when introduced into the body, induces an effect substantially similar to… controlled substance regardless of whether the substance is marketed for the purpose of human consumption." The legislation would also empower the Board of Pharmacy to execute "cease and desist" orders on stores that sell the substances.

International

Israeli Cops Keep Arresting Small-Time Hash Possessors, Despite Prosecutor's Instructions to Lay Off. Israeli police keep arresting people for small-time hashish and marijuana possession even though longstanding policy directives from the attorney general instruct them not to. The state prosecutor's office said Wednesday it hadn't instructed them to do so.

Bermuda Marijuana Reform Group Seeks Input. The Cannabis Reform Collaborative (CRC) is soliciting for public input and is inviting members of the community to submit their thoughts and research on the topic of cannabis reform. Click on either link for complete details.

Drug Prohibition Leads to Central America Deforestation, Study Finds. Drug trafficking threatens forests in remote areas of Honduras, Guatemala, Nicaragua, and other nearby countries, according to a research report in Science magazine. Most media outlets have portrayed the finding as "Drug Trafficking Leads to Central America Deforestation," but as the authors of the article note, "Drug policies are also conservation policies, whether we realize it or not. US-led militarized interdiction, for example, has succeeded mainly in moving traffickers around, driving them to operate in ever-more remote, biodiverse ecosystems. Reforming drug policies could alleviate some of the pressures on Central America's disappearing forests." The article is Drug Policy as Conservation Policy: Deforestation; available to members or subscribers.

Senate Judiciary Committee Advances Smarter Sentencing Act

The Senate Judiciary Committee Thursday gave its imprimatur to the Smarter Sentencing Act, approving the bill and sending it on to a Senate floor vote. The bill is designed to reduce the federal prison population and decrease racial disparities and, if passed by Congress, would mark the biggest federal sentencing reform in decades.

The act, Senate Bill 1410, cuts mandatory minimum sentences for drug law violations, makes retroactive the crack cocaine sentencing reforms passed in 2010, and gives judges greater discretion to sentence below mandatory minimums when the facts of the case warrant it.

The act was cosponsored by a bipartisan group of senators from across the political spectrum, including Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-TX), Patrick Leahy (D-VT), Dick Durbin (D-IL), Carl Levin (D-MI) and Sheldon Whitehouse (D-RI).

"The tide has turned against punitive drug policies that destroy lives and tear families apart," said Bill Piper, director of national affairs at the Drug Policy Alliance (DPA). "From liberal stalwarts to Tea Party favorites, there is now consensus that our country incarcerates too many people, for too much time, at too much expense to taxpayers."

The sentencing reform group Families Against Mandatory Minimums (FAMM) also welcomed the bill's progress, but said that it was not happy with some changes included as the bill made its way through the committee.

"We strongly support the underlying bill; however, we have deep concerns about changes made during markup. These changes include new mandatory minimums for domestic violence and sexual abuse that are unjustified and opposed by the very victims they are supposed to protect," the group noted.

"Although FAMM would prefer the total repeal of mandatory minimum sentences, this bill is a necessary compromise that will help address many of the drivers of our exploding prison populations. The reform package is bipartisan, reasonable, and will save taxpayers billions of dollars by locking up fewer nonviolent drug offenders for shorter periods of time. It also focuses on over-criminalization, a monster that no one has been able to get a handle on, but one that must be brought under control."

While the bill has passed out of the Senate Judiciary Committee, companion legislation is languishing in the Republican-controlled House. House Bill 3382, sponsored by Rep. Raul Labrador (R-ID) and 15 cosponsors, is currently before the House Judiciary Committee, chaired by Rep. Bob Goodlatte (R-VA). Advocates are calling on Goodlatte, who helped establish a House Over-Criminalization Task Force last year, to move on the Smarter Sentencing Act.

"Seven of the 10 members of the Over-Criminalization Task Force currently support mandatory minimum sentencing reform, and all of the Task Force members have shown interest in getting a handle on our enormous criminal code," said FAMM's Julie Stewart. "The interest is there, and the time is right -- this is something that Congress could actually do this year."

The favorable Senate Judiciary Committee vote -- it passed 13-5 -- came even as federal prosecutors came out in opposition to it. In a Monday letter to Attorney General Holder, the National Association of Assistant US Attorneys opposed reforms to mandatory minimums.

"We do not join with those who regard our federal system of justice as 'broken' or in need of major reconstruction," the organization said. "Instead, we consider the current federal mandatory minimum sentence framework as well-constructed and well worth preserving."

That sparked a tough rebuke from the Drug Policy Alliance.

"It is disgraceful that prosecutors continue to defend a criminal justice system that is profoundly racially unjust and cruel," said Piper. "While support for major reform is growing in both political parties, many prosecutors are still living in the dark ages."

Washington, DC
United States

House Farm Bill Does Not Have Food Stamps Drug Testing!

Phil reported yesterday that the House version of the US Farm Bill includes language authorizing industrial hemp production by universities for research. The full text of the bill can be read here -- look for "SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH" to read the hemp-related language.

There's more good news, which is that the bill as passed this week omits language passed in a previous version of the Farm Bill that would encourage states to drug test Supplemental Nutritional Assistance Program (SNAP -- formerly known as "food stamps") recipients. When the legislation was first passed last June (under a different bill number), it had both the (good) hemp language and the (bad) drug testing language.

Smarter Sentencing Act Passes Senate Judiciary Committee

The Smarter Sentencing Act has just passed out of the Senate Judiciary Committee, we have learned -- and with a wide (and bipartisan) 13-5 margin.

As before, see our Twitter page for some of the on-site reports.

Good news -- more hopefully to come soon.

In Breakthrough, Farm Bill Includes Hemp Amendment [FEATURE]

The omnibus federal farm bill approved by Congressional conference committee negotiators this week and destined to be quickly signed into law includes the hemp amendment that was approved by the House last year before the bill blew up over Republican efforts to cut food stamp spending. The final version of the farm bill passed the House Wednesday morning.

hemp field at sunrise (votehemp.com)
Originally introduced by Representatives Jared Polis (D-CO), Thomas Massie (R-KY) and Earl Blumenauer (D-OR), the hemp amendment doesn't legalize hemp production, but it does allow for research on industrial hemp by universities and state agriculture departments in the 10 states that have approved hemp production. There are two bills pending in Congress that would legalize hemp; they are House Resolution 525, the "Industrial Hemp Farming Act of 2013," and the companion legislation, Senate Bill 359.

The 10 states that have already passed laws allowing hemp production are California, Colorado, Kentucky, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia, and the vote comes as even more states are showing an interest in hemp. Hemp bills have been introduced in 11 states this year, including Hawaii, Indiana, Nebraska, New Jersey (carried over from 2013), New York, Oklahoma, South Carolina, Tennessee, Washington (two bills were carried over from 2013) West Virginia, and Wisconsin.

"Although I strongly opposed the Republican Farm Bill, I was pleased to see that the bipartisan amendment that I offered with Representatives Blumenauer and Massie was included in the final bill that passed the House of Representatives today," said Rep. Polis. "This common sense amendment will allow colleges and universities to grow and cultivate industrial hemp for academic and agricultural research purposes in states where industrial hemp cultivation is already legal. I look forward to working with my colleagues in the Senate to ensure that this language becomes law."

"This is an important victory for farmers, manufacturers, and consumers in Kentucky and across the country. Our amendment paves the way for production of industrial hemp by first allowing America's academic and research institutions to demonstrate that hemp and the products derived from hemp present a great economic opportunity for our country," said Rep. Massie. "The inclusion of our industrial hemp amendment in the farm bill reflects widespread support for cultivating industrial hemp and proves Congress can work together in a bipartisan fashion to help the American economy at a time when creating jobs is a national priority."

hemp supporter Rep. Jared Polis (D-CO) (house.gov)
"With the U.S. hemp industry estimated at over $500 million in annual retail sales and growing, a change in federal law to allow for colleges and universities to grow hemp for research would mean that we will finally begin to regain the knowledge that unfortunately has been lost over the past fifty years," says Vote Hemp President, Eric Steenstra. "The American Farm Bureau Federation announced their opposition to the controlled substance classification of hemp earlier this month, and now passage of this amendment means America can get on track to once again become the predominant producer and manufacturer of hemp -- one of the most versatile and ecological industrial crops on the planet."

The hemp amendment was among the few provisions in the farm bill that had not been previously approved by both houses of Congress. That it made it into the final version of the farm bill was a testament to the bill's support, and to some key supporters, Steenstra told the Chronicle Wednesday.

"Senator Wyden introduced an amendment to the Senate farm bill that was more expansive than the House version, but the leadership limited the votes severely and our provision never got a vote," Steenstra explained. "That, combined with the fact that Senator Leahy had basically cleared it through Judiciary, allowed it to go forward. But ultimately, Senator McConnell and other conferees spoke up for it."

Both McConnell and his fellow Kentucky US senator, Rand Paul, have been ardent hemp supporters, supporting legislation both at the state level and now, in Washington.

"This is an important victory for Kentucky's farmers, and I was pleased to be able to secure this language on behalf of our state," McConnell said in a statement issued Tuesday. "By giving states the go-ahead to cultivate hemp for pilot programs, we are laying the groundwork for a new commodity market for Kentucky farmers. By exploring innovative ways to use hemp to benefit a variety of Kentucky industries, while avoiding negative impact to Kentucky law enforcement's efforts at marijuana interdiction, the pilot programs authorized by this legislation could help boost our state's economy."

Senate Minority Leader Mitch McConnell (R-KY) played a key role. (senate.gov)
"We think this is pretty significant," Steenstra said. "It's an excellent first step to revitalize what was once a proud and significant industry in this country. A big part of our farming economy has been lost, and we have to work to recover it."

The bill not only allows universities to do hemp research, Steenstra noted, but it also allows state agriculture departments to do pilot studies.

"That's a little bit more expansive than just research," he said. "The can look into things like marketing and cultivation of hemp, and that's a significant opportunity for the 10 states where it is legal."

Steenstra didn't think inclusion of the hemp amendment in the farm bill would take the oomph out the pending hemp legalization bills.

"We've made it very clear, and all of our supporters in Congress understand this, that this is just a first step," he said. "There are a lot of people anxious to grow hemp, and this won't really solve that. We will be able to get some crops in the ground and show that hemp is not the boogie man we feared, but commercial farmers still won't be able to grow it until we get those bill passed."

Although hemp proponents are careful to draw a bright line between industrial hemp and psychoactive marijuana, the growing national debate over -- and acceptance of -- marijuana has been a help rather than a hindrance, Steenstra said.

"The reality is that hemp has been caught up in marijuana policy for 70-some years," he noted. "There is no way to deal with hemp policy without looking at overall marijuana policy. These are two separate tracks, but at the same time, having a lot of people looking at marijuana policy has been a good thing for hemp."

New leadership at the DEA would be a good thing, too, Steenstra said, moaning aloud as he recounted DEA Administrator Michele Leonhart's comment last week that the low point of her career was seeing a hemp flag fly over the US capitol.

"Of all the things she should be down about, she complains about a flag made out of non-drug hemp fiber," he said."We're hoping a more enlightened DEA head will come in and replace her and bring some sanity to policy over there."

Washington, DC
United States

Chronicle AM -- January 29, 2014

Superbowl-linked banners chiding the NFL on marijuana policy go up, drug testing of students, workers, and welfare recipients is in the news, a federal sentencing reform bill picks up support, Guatemalan peasants pick up rocks and sticks to chase off eradicators, and more. Let's get to it:

MPP's Superbowl billboards take advantage of the hoopla to challenge the NFL.
Marijuana Policy

Obama's State of the Union Remarks on Marijuana Policy. Sorry, there weren't any. Nor did he speak about sentencing reform or any other aspect of drug policy.

Superbowl Banners Chide NFL on Marijuana Hypocrisy. The Marijuana Policy Project has launched a billboard blitz on the NFL, using five billboards around MetLife Stadium, where the game will be played Sunday, to highlight the hypocrisy of the leagues' marijuana policy. The group also delivered a petition with more than 12,000 signatures to league headquarters in New York City Wednesday calling on the league to stop punishing players for using pot.

Wall Street Journal/NBC Poll Has Support for Legalization at 55%. Yet another poll is out showing majority support for marijuana legalization. The Wall Street Journal/NBC News poll has it at 55%. Click on the link for more details.

Nevada Legalization Advocates Focus on 2015. Nevada marijuana activists are crafting language for an initiative to legalize the herb with an eye on gathering enough signatures this year and next to put the measure before the state legislature. If the legislature then fails to approve it, it would go before the voters in 2016.

Medical Marijuana

Connecticut Announces Selection of First Medical Marijuana Producers. State officials Tuesday announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. Each of the four businesses now must establish escrow arrangements in the amount of $2 million, and pay their annual license fee, at which time their operating license will be issued. Producers must be operational within 180 days of licensure. Additional information about the licensed producers will be made available in the near future.

Harm Reduction

10th Annual National Harm Reduction Conference Set for Baltimore in October. This is the nation's largest annual harm reduction event. Click on the link for all the details.

Drug Testing

New Jersey School District Abandons Random Student Drug Testing Bid. The Northern Valley Regional School District has given up its effort to impose random drug testing on students involved in extracurricular activities. After a year of debate, with many parents fiercely opposing the plan, the school board voted it down 5-4.

Maine Workplace Drug Testing Bill Under Consideration. A bill backed by conservative Republican Gov. LePage and the state Department of Labor is designed to encourage an expansion of drug testing by private employers. Legislative Document 1669 would remove the current provision that requires employers to maintain an employee assistance program and pay for half the costs of drug treatment. The bill would also make it easier for employers to identify potential drug abuse by creating a probable standard for testing that could be triggered by a single accident within the workplace. The bill is opposed by labor unions and the ACLU of Maine, which calls it a serious invasion of employee privacy.

Indiana Welfare Drug Testing Bill Passes House. A welfare drug testing bill easily passed the Republican-dominated House Tuesday. House Bill 1351 would require welfare applicants to take a written test that measures their propensity to use drugs. Those whom the test says are likely to be drug users would be required to undergo drug testing. Persons who fail the drug test could keep their benefits, provided they undergo drug treatment. But, as bill critic Rep. Vanessa Summers (D-Indianapolis) pointed out, the state doesn't offer low-cost drug treatment. The bill now goes to the state Senate.

Sentencing Reform

Federal Smarter Sentencing Act Picks Up More Supporters. The Smarter Sentencing Act of 2013, which would reduce the use of mandatory minimum sentences for drug offenses, give judges more discretion to sentence beneath the mandatory minimums, and apply retroactive sentence reductions to some crack cocaine offenders, has picked up more support this year. It was introduced with two cosponsors, Sens. Mike Lee (R-UT) and Patrick Leahy (D-VT). Sens. Sheldon Whitehouse (D-RI), Rand Paul (R-KY), and Angus King, Jr (I-ME) came on board last fall, and Sens. Martin Heinrich (D-NM), Carl Levin (D-MI), and Jeff Flake (R-AZ) have joined as cosponsors this month. The link is to the bill itself.

International

Canada Opposing Harm Reduction Policies in UN Fight. In the fight over new guidelines for the global drug control regime at the United Nations, Canada is opposing efforts to place a stronger emphasis on harm reduction measures. Drug policy groups monitoring the negotiations say Canada has joined ranks with China, Egypt, Iran, Pakistan and Russia in aggressively opposing European endorsements of health policies aimed at reducing harms, such as HIV transmission, among drug users. Canada also opposes the participation of nongovernmental organizations (NGOs) in future UN drug policymaking sessions. "The Government of Canada believes that the best way to address the public health consequences of injection drug-use is to prevent people from using illicit drugs in the first place," said a Canadian government spokesperson, refusing to elaborate further.

Guatemalan Peasants Attack Opium Poppy Eradicators. Scores of opium-growing peasants in a community near the Mexican border attacked a national police contingent sent out to eradicate their crops Monday. Indian peasants in Tajumulco blocked the way and threw rocks, sticks and incendiary bombs at the contingent to stop it from reaching the croplands. Three police officers were injured, but police said they would continue eradication efforts. Last month, Guatemalan President Otto Perez Molina floated the idea of legalizing the poppy crop.

No Marijuana Decriminalization for Guyana, Home Affairs Minister Says. Guyanese Home Affairs Minister Clement Rohee Tuesday shot down any talk of liberalizing the country's marijuana laws. "As we speak at this point in time, at twenty minutes to five, on the twenty-eighth day of January, the position and the policy of the government of Guyana is to pursue a zero tolerance policy in respect of trafficking in narcotics, possession of narcotics and any other form of activity in respect of drugs that are deemed illegal according to the laws of our country and according to the treaties and conventions of an international nature which we have signed on to," the Home Affairs Minister declared.

Jamaican Government Still Scared of Western Opposition to Marijuana Reform. Foreign Affairs Minister AJ Nicholson warned Monday that Jamaica must proceed cautiously with calls to decriminalize or legalize marijuana because of fears of violating global drug control treaties and offending the US and European countries. "There is no consideration at this time about changing the treaties, but there are still some concerns about how some Western countries would view our move towards decriminalize, depenalize or anything like that," he said.

Filipino Legislators Ponder Medical Marijuana. Minority lawmakers in the Philippines are considering medical marijuana. Rep. Rodolofo Albano III said that he planned on filing a bill in March that would permit the sale and purchase of cannabis strictly for medical use.

Ted Cruz Likens Obama Drug Policy to Imperialism

Ted Cruz included drug laws among his examples of "imperialism" on the part President Obama, in remarks on CNN following the State of the Union address tonight. It sounds like Cruz was referring to the guidelines DOJ announced that tolerate Colorado and Washington's marijuana legalization systems, although he did not elaborate so I'm partially guessing.

Assuming that's right, one has to wonder how a Republican who is supposedly for smaller, less intrusive government and for states rights, can define respect by the administration for states' decisions to roll back our incredibly intrusive prohibition laws as "imperial."

Of course we have been making such observations for decades.

Hemp Amendment Included in Federal Farm Bill

The massive federal farm bill, soon to be voted on by both houses of Congress, includes an amendment allowing for research into the industrial uses of hemp.

Vote Hemp announced this morning that the amendment had made the cut.

It allows colleges and universities, and now also state agriculture departments per the conference committee revisions, to grow hemp for academic or agricultural research purposes, but applies only to states where industrial hemp farming is already legal under state law.

We'll probably do a feature story on this, but for now, here's a Vote Hemp press release with more details.

Location: 
Washington, DC
United States

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

Chronicle AM -- January 17, 2014

Washington's attorney general has dealt a body blow to the statewide legalization of marijuana commerce there, medical marijuana continues to keep state legislatures busy, a New Mexico town and county pay out big time for a horrid anal search, heroin legislation is moving in Kentucky, and more. Let's get to it:

Marijuana Policy

Washington Attorney General Rules Localities Can Ban Marijuana Businesses. In a formal opinion released Thursday, the Washington attorney general's office held that "Initiative 502 as drafted and presented to the voters does not prevent local governments from regulating or banning marijuana businesses in their jurisdictions." The ACLU of Washington said the attorney general's opinion is mistaken and it "will go to court if necessary" to see it overturned, while the state Liquor Control Board, which is charged with implementing I-502 said that the "opinion would be a disappointment to the majority of voters who approved the law."

Marijuana Reforms Will Be on the Legislative Agenda in Louisiana Again This Year. State Rep. Austin Badon (D-New Orleans) has already introduced House Bill 14, which would dramatically lessen the state's draconian marijuana penalties, and further-reaching bills could be forthcoming. The Badon bill passed the House last year before dying in the Senate.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get Hearing This Month. State Senate Law and Justice Committee Chairman Chuck McIlhinney (R) said Thursday he had scheduled a public hearing for January 28 on a medical marijuana bill introduced this week. The bill, Senate Bill 1182, is cosponsored by Sens. Daylin Leach (D) and Mike Folmer (R).

Hawaii House Speaker Says State Needs Dispensaries. House Speaker Joe Souki said Wednesday that the lack of places for medical marijuana patients to obtain their medicine was "a gap in the law" that needs to be addressed. That patients can use medical marijuana but have no place to obtain it is "an anomaly," he said. Addressing dispensaries is a "humanitarian" issue, he added.

Utah Poll Finds Narrow Majority for Medical Marijuana. A new Salt Lake Tribune poll has 51% of Utahns supporting medical marijuana, but 67% opposing decriminalization or legalization.

Georgia Poll Finds Narrow Majority for Medical Marijuana. A new InsiderAdvantage poll has 51% of Georgians supporting medical marijuana "in very specific instances, such as in a liquid form to reduce seizures from young children." Some 27% were opposed, and 22% undecided. "The key here is that any legislation must be on a limited basis. That said, Republicans and Democrats both support this legislation by well over 50 percent, while independent voters are close to a majority as well," said Matt Towery, president of InsiderAdvantage and a former legislator.

Heroin

Kentucky Senate Approves Bill to Reduce Overdose Deaths, Increase Trafficking Penalties. The state Senate Thursday approved Senate Bill 5, which would create more treatment beds for heroin users and lengthen prison sentences for heroin and methamphetamine traffickers. A similar version of the bill passed the Republican-led Senate last year, but stalled in the Democratic-led House. The bill would require the state Medicaid program to cover several inpatient and outpatient treatment options for people addicted to opiates, including heroin and prescription painkillers. It also would divert some of the state's hoped-for savings from a 2011 prison sentencing reform package to expand treatment programs. But the bill would also stiffen penalties for people convicted of trafficking in larger quantities of heroin, methamphetamines or both, requiring them to serve at least half of their prison sentences before they are eligible for shock probation or parole.

Search and Seizure

New Mexico Town, County Pay Out Big Time for Forced Anal Searches of Drug Suspect. A Deming, New Mexico, man who was subjected to a hospital anal exam involving three enemas, a colonoscopy, and being forced to defecate in front of police and medical personnel in a fruitless search for drugs will get $1.6 million in damages in a settlement from Deming and Hidalgo County. David Eckert will most likely win additional damages from a local hospital where doctors agreed to perform the exam.

Sentencing

Charles Colson Task Force on Federal Corrections Funded in Federal Spending Bill. The omnibus federal spending bill filed this week and expected to pass quickly includes $1 million to establish the Charles Colson Task Force on Federal Corrections, an independent, bipartisan grouping that will examine a number of challenges facing the federal correctional system, including overcrowding and ways to minimize growth, violence behind bars, rehabilitation, and reentry. Colson was a Nixon administration official jailed in the Watergate scandal who became a prison reformer in the wake of that experience.

International

Spurred by Attorney, Bermuda's Medical Marijuana Debate Heats Up. Attorney Alan Gordon's online petition to have the Bermudan government allow emergency access to medical marijuana for cancer patients has spurred considerable notice on the island, with National Security Minister Michael Dunkley and Gordon publicly clashing over the law and whether Dunkley can act. Click on the link to see Dunkley's comments and Gordon's well-publicized written response.

Vietnam Sentences Three Drug Offenders to Death; Iran Executes Six. And the resort to the death penalty against drug offenders continues. According to the anti-death penalty group Hands Off Cain, three Vietnamese men charged with heroin trafficking got death sentences, while Iran, the world's leading drug offender execution, hung another six.

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