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Chronicle AM: Lebanon Ag Min Says Legalize Hash, NY MedMJ Regs, "Baby Bou Bou" Medical Bill, More (12/19/14)

New York officials have released draft medical marijuana regs, and advocates aren't too impressed, Lebanon's agriculture minister says it's time to legalize it, Bolivia's president criticizes Mexico's drug war, "Baby Bou Bou" has a million-dollar medical bill, and more. Let's get to it:

Bolivian President Evo Morales has some choice words about Mexico's "failed" drug policies. (www.wikimedia.org)

Marijuana Policy

Missouri KC NORML Legalization Petition Needs Editing to Get Official Approval. The KC NORML legalization initiative petition is in for a tune-up after the secretary of state's office rejected it for minor stylistic issues, including incorrect underling and brackets. Organizers say they will rework and resubmit shortly. There's also another Missouri legalization initiative in the works, courtesy of Show Me Cannabis, but the KC NORML initiative is less restrictive, and less restrictive than the legalization schemes in any of the states that have legalized it.

Medical Marijuana

New York State Issues Medical Marijuana Regulations; Advocates Not Too Impressed. The Department of Health released draft medical marijuana regulations today, but advocates say they are too tight. "New York will be one of the more restrictive programs in the country, which could inhibit patients from getting the relief they need," the Drug Policy Alliance complained. Click on the title link for details on the draft regs.

Asset Forfeiture

Public Hearing Set for Orange County, NY, Misdemeanor Asset Forfeiture Ordinance. The public will have one last chance to voice objections to a local asset forfeiture already approved on a party-line vote by the county legislature. The ordinance would allow the county to confiscate assets from those convicted of even misdemeanor drug crimes. The ordinance has been criticized by defense attorneys and others not only for the misdemeanor provision, but also because it would allow for civil asset forfeiture without a criminal conviction. A public hearing is set for December 29. Click on the link for meeting details.

Law Enforcement

Family of Infant Burned by Flash-Bang Grenade in Botched Drug Raid Faces A Million Dollar Medical Bill. It has cost a million dollars so far to undo the damage done to toddler Bounkham Phonesavanh when a Georgia SWAT team member tossed a flash-bang grenade into his crib during a drug raid in which the party sought wasn't even there. Habersham County officials have refused to pay the medical bills, and the family has no means of paying them.

International

Lebanese Agriculture Minister Calls for Legalization of Hash Farming. Agriculture Minister Akram Chehayeb called today for the legalization of marijuana so the state can benefit from hash export revenues. "We are conducting studies on [how to] organize this type of agriculture so that it becomes monitored by the state, and thus the state can buy the harvest and export it to the countries that need it," Chehayeb said in a morning interview with a local radio station. "Instead of prosecuting the farmers, let’s find other solutions for them," he said. "The planting of cannabis must be organized to benefit the state and the industrial sector, and it is one way of helping the farmers." Lebanese Druze leader Walid Jumblatt made a similar call earlier this week.

Peru Eradicates Record Amount of Coca. Peruvian officials announced today that they eradicated 77,000 acres of coca crops this year, the highest total since eradication programs began in 1983. But they didn't touch the country's largest coca producing area, the valleys of the Apurimac, Ene, and Mantaro rivers (VRAEM) in south-central Peru. The UNODC says Peru is the world's largest coca producer, and the DEA says it is the world's largest cocaine producer.

Bolivian President Criticizes Mexico's "Failed" Drug War Policies. President Evo Morales said Mexico's failed model for fighting the drug war, citing the recent incident where 43 teachers' college students were disappeared and are presumed dead at the hands of corrupt police working with drug gangs. "The market for cocaine is generally in industrialized and developing countries. But … look at what is happening in Colombia, and especially how it is in Mexico," said Morales. "The recent events [in Ayotzinapa-Mexico], I still think that [the forced disappearance of the students] is a failed model, a model of free market that is unfortunately subject to the US. empire. And now there are deep problems. "We do not want to have this kind of problem in Bolivia, of organized crime. It seems that crime groups are above the state. In some regions, not even with the presence of military bases can one fight drug trafficking," he said at a graduation ceremony for National Police cadets.

Chronicle AM: NE, OK Seek to Undo CO Pot Legalization, Philly Backs Off on Home Seizures, More (12/18/14)

Colorado's conservative neighbors try to undo its marijuana legalization, Philadelphia drops a pair of high-profile asset forfeiture cases, Obama commutes sentences for eight drug offenders, and more. Let's get to it:

Marijuana Policy

Nebraska, Oklahoma Ask Supreme Court to Undo Colorado Legalization. The attorneys general of Nebraska and Oklahoma filed a lawsuit today with the US Supreme Court asking it to declare that Colorado's marijuana legalization violates the Constitution. "Federal law undisputedly prohibits the production and sale of marijuana," Nebraska Attorney General Bruning said. "Colorado has undermined the United States Constitution, and I hope the US Supreme Court will uphold our constitutional principles." But Colorado Attorney General John Suthers, who got a courtesy call from Bruning, scoffed. "We believe this suit is without merit, and we will vigorously defend against it in the US Supreme Court," he said.

New York Lawmakers Hold Hearing on Legalization. State Sens. Liz Krueger (D-Manhattan) and Gustavo Rivera (D-Bronx) held a hearing Wednesday on a bill that would legalize marijuana in the Empire State. Krueger conceded the legislation was unlikely to pass during the coming legislative session, but said it was important to keep the conversation going.

Medical Marijuana

Colorado Awards $8 Million for Marijuana Research. The Colorado Board of Health awarded more than $8 million for medical marijuana research Wednesday. The awards will allow researchers to investigate marijuana's medical potential, not its downsides, as is required for most federally-approved research on marijuana. Three of the eight studies will still require federal approval and marijuana from the US government. In the other five "observational" studies, subjects will be providing their own marijuana. Researchers will study marijuana's impact on PTSD, irritable bowel syndrome, pain relief for children with brain tumors, pediatric epileptic seizures, and compare it with oxycodone for pain relief.

American Academy of Neurology Calls for Rescheduling Marijuana. In a just-released position statement on the use of medical marijuana for neurological disorders, the academy said it could not yet recommend medical marijuana for those disorders "because further research is needed to determine the benefits and safety of such products." To that end, the academy "requests the reclassification of marijuana-based products from their current Schedule I status so as to improve access for study of marijuana or cannabinoids under IRB-approved research protocols." Click on the link to read the entire position statement.

Asset Forfeiture

Philadelphia Drops Two High Profile Asset Forfeiture Cases. Faced with an ongoing federal class-action lawsuit filed by the Institute for Justice over its brazen asset forfeiture practices, the city of Philadelphia announced today that it is dropping efforts to seize the homes of two families. In one case, the city moved to seize a home after an adult son of the owners was busted for selling heroin; in the other, the city moved to seize a home after  the owner's estranged husband was caught selling small amounts of marijuana. Meanwhile, the federal lawsuit continues.

Pardons and Commutations

Obama Issues Commutations for Eight Drug Offenders. President Barack Obama Wednesday commuted the prison sentences of eight drug offenders and issued pardons for 12 other people who had already finished their sentences. The commutations were for people imprisoned for crack cocaine and methamphetamine offenses. No one is walking out of prison today, but all eight had their sentences reduced to lengths that will allow them to walk out at some point in the next year.Among those who got commutations is Sidney Earl Johnson of Mobile, Alabama, who has been serving a life sentence for crack cocaine offenses since 1994. Another is Larry Naylor of Memphis, who has been serving a life sentence for 50 grams of crack since 1997.

Opiates

Senators Send Letter to Officials, Health Groups Urging Stronger Response to Drug Overdoses. Members of the Senate Health, Education, Labor, and Pensions Committee this week urged government officials and health groups to come up with stronger responses to drug overdoses. The call came in a letter to the Department of Health and Human Services, the National Governors' Association, the American Medical Association, and associations of state and local health officials. Click on the link to read the letter.

International

Eleven Dead in Mexico Vigilante Clashes. Mexican "self-defense" vigilante groups in the Western state of Michoacan turned their guns on each other Tuesday, leaving 11 dead. The vigilante groups emerged last year in rural communities to fight the Knights Templar cartel, and in May they accepted an offer to be folded into government security forces. And now they are fighting among themselves.

Bangkok Police Hassling Tourists With Searches, Drug Tests, On-the-Spot Fines. Since the military coup in May, foreign visitors to Thailand are increasingly complaining that police Bangkok are stopping and questioning them, searching their persons and belongings, demanding they submit to drug tests, and handing out on-the-spot fines that must be paid immediately in cash. Most of the harassment is taking place on the city's main thoroughfare, Sukhumvit Road. The British ambassador said last week he had raised the issue with local tourism authorities. 

Medical Marijuana Update

Big news out of Washington and, for a change, most of our medical marijuana news is out of the Midwest this week. Let's get to it:

National

Last Saturday, the Senate passed the omnibus spending bill with an amendment blocking federal medical marijuana enforcement. The amendment that will effectively end for now Justice Department interference in states where medical marijuana is legal by barring the department from using its funds to go after patients and providers there.

Indiana

On Wednesday, a lawmaker said she would introduce a medical marijuana bill. Sen. Karen Tallian (D-Portage) said she plans to introduce a medical marijuana bill in the upcoming legislative session. She cited Congress's vote to bar the use of Justice Department funds to go after medical marijuana in states where it is legal. In previous sessions, Tallian has introduced pot decriminalization bills, but those have gone nowhere.

Iowa

On Tuesday,a group of Iowans orgnized to push for a more effective medical marijuana law. The legislature this year passed a bill allowing for the use of low-THC cannabis oil to treat people with epilepsy, but that's not good enough for a new group, Iowans 4 Medical Cannabis. The group today announced it had formed to push legislators to make it possible to produce and dispense medical marijuana.

Oklahoma

Last Friday, a cannabis oil medical marijuana bill was filed. Rep. John Echols (R-Oklahoma City) has said he planned to file a low-THC cannabis oil bill. The bill would only allow for use my children suffering from epilepsy. The news comes as the director of the state's drug agency says he now backs a study that would make the medicine available to sick children.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: TX Pot Bill Filed, Another MO Legalization Initiative, KY Heroin Bill, More (12/15/14)

Texas begins heading down the path of marijuana reform, a Missouri legalization initiative seeks to really free the weed, Rep. Andy Harris isn't very welcome in DC these days, Kentucky tries to deal with heroin again this year, and more. Let's get to it:

The Kentucky legislature will try to deal with heroin again this year. The bill has good and bad elements. (wikimedia.org)
Marijuana Policy

Texas Bill to Reduce Pot Penalties Filed. State Rep. Joe Moody (D-El Paso) today introduced a bill that would remove the threat of arrest, jail, and a criminal record for small-time marijuana possession. The measure is House Bill 507. "Our current marijuana policy in Texas just isn't working," Rep. Moody said at an Austin press conference. "We need a new approach that allows us to more effectively utilize our limited criminal justice resources. This legislation is a much-needed step in the right direction." The legislation is being backed by Texans for Responsible Marijuana Policy, a coalition that includes the Marijuana Policy Project, the ACLU of Texas, and Republicans Against Marijuana Prohibition.

Another, Looser Missouri Legalization Initiative Effort is Underway. Show Me Cannabis has some competition. The marijuana reform group has a legalization initiative pending, but now, there's another, less restrictive initiative also in the works. A team from KC NORML last week submitted a petition to put its own measure on the ballot. The Missouri Cannabis Restoration and Protection Act would remove marijuana from the state's list of controlled substances, free anyone imprisoned for marijuana-only convictions, bar police from charging drivers with DUI if the only drug they test positive for is marijuana, and put no limitation on the number of plants people can grow. Once approved by state officials, the initiative will need 160,000 valid voter signatures -- 8% of registered voters in at least six of the state's eight legislative districts -- to qualify for the ballot.

DC Businesses Tell Maryland Congressman Who Tried to Block Legalization to Stay Away. Rep. Andy Harris (R-MD) is not very welcome in the District these days. He has been the primary mover behind Republican efforts to block voter-approved legalization in DC. While his rider blocking legalization was included in the recent omnibus spending bill, whether it will actually stop DC legalization remains to be seen. Now, there is a Blacklist Andy Harris movement, and at least one business, has put up a sign displaying his face along with prominent text reading "Not Welcome."

Heroin

Kentucky Omnibus Heroin Bill Increases Sentences, Has Harm Reduction Provisions. Senate Budget Committee Chairman Chris McDaniel has pre-filed a bill, Senate Bill 29, that attempts a broad response to the state's issues with heroin. The bill would allow for increased access to the overdose reversal drug naloxone, create a 911 Good Samaritan provision to try to reduce overdose deaths, and fund drug treatment. It would also increase sentences for some heroin dealing offenses. A similar bill failed to get through the legislature last year.

International

Uruguay Sees First Marijuana Expo. Uruguay is the first country to legalize marijuana commerce, and now it's had its first marijuana trade show. Expocannabis opened in Montevideo over the weekend.

On Marijuana, Congress Giveth and Congress Taketh Away [FEATURE]

[This article was written in partnership with Alternet, and was originally published here.]

With final approval by the Senate Saturday night, the Congress has successfully approved a massive, $1.1 trillion dollar omnibus spending bill, and the president has signaled he will sign it. The bill includes two provisions that illustrate Congress's currently schizophrenic approach to loosening marijuana laws.

On the one hand, the bill contains an amendment that will effectively end federal interference in states where medical marijuana is legal by barring the Justice Department from using its funds to go after patients and providers there. On the other hand, it also contains a rider that seeks to undo the will of the voters of the nation's capital by blocking the District of Columbia from enacting the recently approved Measure 71 marijuana possession and cultivation legalization initiative.

Sponsored by Reps. Dana Rohrabacher (R-CA), Sam Farr (D-CA), and 10 others, the medical marijuana amendment is blunt. After listing all the medical marijuana states, it says: "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." (The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.)

The amendment is also important. In the past three years alone, the Justice Department has threatened elected officials, dispensary operators, and their landlords with legal action over medical marijuana. Those threats have delayed or stopped implementation of medical marijuana laws in at least six states. Similarly, threats of criminal prosecution and/or asset forfeiture aimed at landlords in California and Colorado have resulted in the closure of at least 600 state law-abiding medical marijuana businesses.

And DEA teams have aggressively raided and US Attorneys have prosecuted medical marijuana patients and providers. One stark example is the case of the Kettle Falls Five, a family of patients who were growing medical marijuana for their own personal use in accordance with Washington state law. In a state where marijuana is legal, federal prosecutors are seeking to send a pair of elderly patients and their children to prison. That prosecution is now in doubt.

"This is truly a long-fought victory for medical marijuana patients who have lived in fear of being caught in the crossfire of conflicting state and federal laws for nearly two decades," said Steph Sherer, executive director of Americans for Safe Access (ASA), which has lobbied for years for passage of the measure. "But this is also a victory for taxpayers because of the hundreds of millions of dollars saved on unnecessary and harmful enforcement."

Last year, ASA issued a report showing the Obama administration had spent $80 million a year on medical marijuana enforcement. That may be chump change in a trillion-dollar spending bill, but it's still $80 million that could be better used each year.

"Congress has finally initiated a drawdown in the federal government's war on medical marijuana," said Mason Tvert, director of communications for the Marijuana Policy Project (MPP). "This legislation makes it clear that the DEA has no business interfering in states' medical marijuana laws. Taxpayer money should not be used to punish seriously ill people who use medical marijuana and the caregivers who provide it to them."

"For the first time, Congress is letting states set their own medical marijuana and hemp policies, a huge step forward for sensible drug policy," said Bill Piper, director of national affairs for the Drug Policy Alliance (DPA). "States will continue to reform their marijuana laws and Congress will be forced to accommodate them. It's not a question of if, but when, federal marijuana prohibition will be repealed."

But if federal marijuana prohibition will someday be repealed, no one has told congressional Republicans, and congressional Democrats didn't seem to care much, either. The second part of Congress's schizoid pot policy two-step was a slap in the face to both marijuana legalization and the will of the voters of the District of Columbia.

Maryland Rep. Andy Harris (R) authored a rider to the bill that says that the District cannot "enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative."

Republican House committee heads got it inserted into the House version of the bill, and Senate Democrats didn't consider it important enough to fight to remove.

Marijuana reform proponents (and believers in democratic rule for the residents of DC) were livid, and they are not ready to roll over in the face of congressional attempts to quash legalization in the District.

"In light of recent events in Ferguson and New York, it would be particularly disturbing if Congress has chosen to overturn the will of the voters in a majority black city," said Dr. Malik Burnett, DPA policy manager and vice-chair of the DC Cannabis Coalition, the group that got Measure 71 passed. "DC voters chose to reform their marijuana laws, which have a direct impact on how communities of color interact with police. Congress should not undermine that."

Rep. Andy Harris (R-MD), author of the rider to block DC marijuana legalization. (house.gov)
"By prohibiting the regulation of marijuana in the District, they are ensuring authorities have no control over it," Tvert said. "If drug cartels and gangs had lobbyists on the Hill, preventing marijuana regulation would be their top legislative priority. If the District can regulate and tax alcohol sales, it should be allowed to do the same with a less harmful substance like marijuana."

The District city council has been advancing a bill that would tax and regulate marijuana sales, but the Harris rider effectively kills that. Less certain, however, is whether it can really block Measure 71 from taking effect.

House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, the Congressional Delegate from DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds DC; Rep. Nita Lowey (D-NY), the ranking Democrat on the House Appropriations Committee; and others have said that the DC rider allows Initiative 71 to stand. The DC government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.

The congressional Republicans who pushed the measure naturally disagree. They argue that Measure 71 has not been enacted because the DC council has not yet sent it to Congress and that the rider thus blocks it from being implemented.

While the question is likely to end up being settled in the courts, the next move is up to the District city council. It can go ahead and send the measure to Congress despite what the budget bill rider says. Advocates are urging the council to do just that.

And the council seems to be in a mood to stick up for the initiative -- and for democratic rights for the District. DC Council Chair Phil Mendelson told The Washington Post even before the final Senate vote that he plans to ignore the rider. He said he will instead follow normal procedure for voter-approved initiatives in a city that exists under the congressional thumb. He will sent a bill implementing the initiative to Congress next month for a 30-day review in which lawmakers can vote it up or down.

And if that doesn't work, there's still the courts.

"If the question is whether I'd be open to legal action, the answer is yes," Mendelson told Politico after the House vote.

Whether Congress has successfully blocked marijuana legalization in DC clearly remains to be seen. What is not in dispute, though, is that Congress has taken a major step toward clearing the way for medical marijuana, and that's a big deal.

Washington, DC
United States

Chronicle AM: Obama on DC Pot Laws, WI "Cocaine Moms" Law Challenged, No More 'Shrooms in Bali, More (12/12/14)

The president weighs in on congressional moves to block DC marijuana legalization, Oklahoma could be joining the cannabis oil medical marijuana club, a Wisconsin woman sues over the "cocaine moms" law, the ACLU is looking to sue a Connecticut housing agency over mandatory drug tests, and more. Let's get to it:

Indonesian police will begin enforcing the ban on magic mushrooms next month. (wikipedia.org)
Marijuana Policy

Obama Thinks Congress Should Not Interfere With DC Pot Laws. As the battle continues over whether Congress has managed or not to block the District of Columbia's Measure 71 legalization initiative, President Obama has weighed in. In a Thursday press conference, White House press secretary Josh Earnest said the president did "not believe Congress should spend a lot of time interfering with the citizens of District of Columbia." Asked specifically about Measure 71, Earnest noted that the measure had been approved by the voters and that, "on principle," that Congress shouldn't interfere with home rule. But Earnest also noted that Obama supports passing the omnibus spending bill that would, some say, overturn the measure.

Medical Marijuana

Cannabis Oil Bill Should Be Filed Today in Oklahoma. Rep. John Echols (R-Oklahoma City) has said he plans to file a low-THC cannabis oil bill today. The bill would only allow for use my children suffering from epilepsy. The news comes as the director of the state's drug agency says he now backs a study that would make the medicine available to sick children.

Drug Testing

Connecticut Public Housing Agency Under Fire for Suspicionless Drug Testing of Applicants. The Norwalk Housing Authority (NHA) requires mandatory, suspicionless drug testing of people applying to live there, and the ACLU of Connecticut is looking for people who want to sue the agency over the issue. "We urge you to repeal this policy because this suspicionless drug testing violates guarantees in the United States and Connecticut constitutions against unreasonable searches and seizures," wrote ACLU staff attorney David McGuire in a December 2013 letter to the Authority. "We would like to hear from any potential tenant who objects to the suspicionless drug test so that we can consider legal action," McGuire said Wednesday. To make matters worse, the NHA is the only housing authority in the country to drug test using hair follicles, which unlike urine or blood samples, can reveal drug use going back weeks or even months.

Law Enforcement

Georgia Judge Convicted of Planting Drugs on Woman. A woman accused a judge of propositioning her when she appeared before him to seek warrants against people who had assaulted her, so he conspired with some local cops to plant methamphetamine in her vehicle and have her arrested. Now, former Magistrate Court Judge Bryant Cochran has been found guilty of conspiracy to distribute a controlled substance, violating the civil rights of a court employee by sexually assaulting her, and witness tampering. He's looking at almost certain federal prison time when he is sentenced in February.

Pregnancy

Lawsuit Will Challenge Wisconsin's "Cocaine Mom" Law. A woman who was jailed after admitting past drug use while seeking a pregnancy test and medical help for depression is filing suit to have the state's "cocaine mom" law thrown out. That law allows authorities to detain and force treatment on pregnant women suspected of drug or alcohol use. Tammy Loertscher of Medford is filing the suit with the assistance of National Advocates for Pregnant Women, which says the Wisconsin "fetal protection" law is one of the most sweeping in the nation.

International

Hungary's Prime Minister Wants Drug Tests for Journalists and Politicians. Hungary's rightist prime minister, Viktor Orban, who has vowed to make the country a "non-liberal" state, called today for mandatory drug testing for journalists and politicians. "The government decided that it will rid Hungary of the drug mafia in this term," Orban said. "Politicians, journalists and those filling positions of public trust have to be included (in the drug tests) because it is clear that those who consume drugs cannot be relied on in the fight against drugs." Orban's statement isn't sitting well with journalists and civil libertarians, with the Association of Independent Journalists calling his proposal "legally and morally deeply outrageous." Earlier this week, the mayor Budapest calling for drug testing teens as well, but that proposal appears have been dropped.

Just a Reminder: Magic Mushrooms Are Now Illegal in Indonesia.Magic mushrooms had long been excluded from Indonesian drug laws, and were openly sold and used, especially in the popular tourist destination of Bali, but that's no longer the case. They are now considered a Type 1 narcotic since the law was revised earlier this year, and police are on a campaign to let people know. "All people who consume and trade in magic mushrooms are violating the Narcotics Law," Denpasar Police drug section head Comr. I Gede Ganefo said recently. "Many people do not yet know that magic mushrooms are illegal and they could face a prison term if they sell or consume them. They think it is all right as they grow naturally in manure," Ganefo said. Police said the informational campaign will become an enforcement campaign starting January 1. "Next month [Jan. 2015], there will be no more tolerance. If we find any people selling or consuming magic mushrooms, we will arrest them. They could face the same charges as those using marijuana and other drugs, a minimum four-year and maximum 12-year prison term," Ganefo said.

Chronicle AM: DC Marijuana Muddle, Feds OK Pot Growing on the Rez, More (12/11/14)

There are conflicting views on the fate of DC's legalization initiative, the Justice Department okays marijuana growing on Indian reservations, Spaniards now support marijuana legalization, and more. Let's get to it:

A New Mexico Indian reservation. There could be a new cash crop coming. (wikipedia.org)
DC Legalization Still Alive? Democrats Think So. Despite the language Republicans managed to include in the "CRomnibus" federal spending bill interfering with the District of Columbia's right to set its own marijuana policies, several leading Democrats say that the Initiative 71 marijuana possession and cultivation legalization initiative is still alive. House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, who represents DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds D.C.; Rep. Nita Lowey (D-NY), the Ranking Democrat on the House Appropriations Committee; and others have said that the D.C. rider allows Initiative 71 to stand. The D.C. government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.

DC Legalization Still Alive? Republicans Just Say No. While Democrats argue that marijuana legalization was "enacted" by the voters on November 4 and thus will prevail, Republicans beg to differ. They argue that because the initiative has not been transmitted to Congress or passed congressional review, it has not been enacted. "It's pretty clear," said Rep. Andy Harris (R-MD) who led the charge against decriminalizing pot in DC with a rider that was not included in the final bill. "You can't enact anything once the rider's passed. The legalization is not enacted." We probably haven't heard the final word on this just yet.

Justice Department Okays Indian Tribes Growing, Selling Marijuana. In new guidance to US Attorneys, the Justice Department is telling them not to prevent tribes from growing or selling marijuana on tribal lands, even in states that have not legalized it. It is unclear how many tribes will take up the offer; while some see pot sales as a source of potential revenue, others are strongly opposed to the use or sale of marijuana on their lands. The Justice Department will generally not attempt to enforce federal marijuana laws on tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.

Drug Testing

Michigan Welfare Drug Testing Bill Heads to Governor's Desk. A two-bill package that would impose suspicion-based drug testing on some welfare recipients has passed the legislature and now awaits the signature of Gov. Rick Snyder (R). The bills would create a pilot drug testing program to begin by next October. Under the bills, welfare applicants would be screened, and if the screening suggests "reasonable suspicion" they are using drugs, a drug test would be required. Although Republican sponsors said they were concerned about children, Republicans defeated a move to allow an appointed adult to receive funds for children if their parents are disqualified because of drug use.

International

Poll Finds a Majority of Spaniards Say Legalize Weed. Some 52% of Spaniards are ready to legalize marijuana, according to a new poll from the Foundation for Aid Against Drug Addiction. That's well above previous surveys from the same group conducted in 1999 and 2004. "There has been a development around the image of this drug, which could have contributed to an increase of a more cannabis-friendly population," the foundation noted.

DC Legalization Still Alive? Democrats Think So

Despite the language Republicans managed to include in the "CRomnibus" federal spending bill interfering with the District of Columbia's right to set its own marijuana policies, several leading Democrats say that the Initiative 71 marijuana possession and cultivation legalization initiative is still alive.

A close reading of the relevant language in the bill shows that while it would block the District council from enacting a pending bill to tax and regulate marijuana, it would not undo DC's decriminalization law that is already on the books. The language around Initiative 71 is less clear, but Democrats involved with the negotiations say it is clear that the legislative intent of the rider in question was to allow both decriminalization and Initiative 71 to stand.

House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, the Congressional Delegate from DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds DC; Rep. Nita Lowey (D-NY), the ranking Democrat on the House Appropriations Committee; and others have said that the DC rider allows Initiative 71 to stand. The DC government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.

"Initiative 71 was enacted on November 4th when 70% of DC voters approved it, said Bill Piper, director of national affairs for the Drug Policy Alliance. "Voters wanted to reduce racial disparities in the criminal justice system and focus police resources on serious and violent crime. The will of the people should stand. While Initiative 71 won't take effect until after the Council transmits it to Congress in January and it goes through an administrative 30-day review period, it has very clearly already been enacted by the voters."

The Drug Policy Alliance is urging the DC city council to transmit Initiative 71 to Congress as soon as it convenes in January.

Washington, DC
United States

Medical Marijuana Update

Big news from DC on Tuesday as congressional budget negotiators included language barring the use of federal funds to go after medical marijuana where it is legal, and a whole lot of news from California, too. Let's get to it:

National

On Tuesday, a congressional budget deal blocked federal interference in medical marijuana states. In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May. The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana"

California

Last Tuesday, El Dorado County supervisors voted not to repeal the county's cultivation ordinance. Instead, supervisors decided to appoint a task force consisting of county counsel, the sheriff, DA and activists to come up with a solution that will protect patients' rights.

Also last Tuesday, Kern County supervisors approved civil lawsuits against collectives and cooperatives. The supervisors are going after 19 co-ops or collectives located in unincorporated areas of the county. The county previously sued other collectives and most of those have closed up shop.

Last Thursday, legislators filed statewide medical marijuana regulation bills. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Last Saturday, California doctors rejected denying organ transplants to medical marijuana patients. The California Medical Association (CMA) voted unanimously this past weekend to urge transplant clinics in the state against removing patients from organ transplant lists based on their medical marijuana status or use. The CMA House of Delegates was in San Diego for its annual meeting, and voted Saturday on Resolution 116-14 in support of patients' ability to remain on transplant lists despite their medical marijuana use.

On Monday, the Siskiyou County planning division released its draft cultivation ordinance. The ordinance would limit outdoor grows to four plants on properties an acre or smaller, six plants on properties up to 2.5 acres, eight plants on up to five acres, and 10 plants on properties greater than five acres. Comments can be submitted via email at MMCO@co.siskiyou.ca.us.

On Tuesday, Butte County supervisors approved spending $446,500 to enforce the county's cultivation ordinance. The ordinance limits the size of medical marijuana gardens to 50 square feet on property larger than a half-acre, 100 square feet on properties larger than five acres, and 150 square feet on properties larger than 10 acres. The ordinance also allows anonymous denunciations of alleged violations.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: INCB Head Frets Over Pot, MS Welfare Drug Test Fiasco, SWAT Fights Back, More (12/5/14)

Global anti-drug bureaucrats are grumbling about marijuana legalization in America, one New York county decides to do asset forfeiture for misdemeanor drug offenses, Mississippi's food stamp drug testing program comes up snake-eyes, the SWAT boys fight to keep their military toys, and more. Let's get to it:

Marijuana Policy

Missouri Legalization Initiative Petition Open for Public Comment. A legalization initiative petition sponsored by Show-Me Cannabis has been submitted to the secretary of state's office, and Missouri residents now have 30 days to comment on the initiative petition. They can do so here (it's Petition 2016-009). This is essentially the same petition submitted a month ago, but has been resubmitted with grammatical fixes.

INCB Head Complains About Legalization in US States. Lochan Naidoo, president of the International Narcotics Control Board (INCB) is concerned about the implications of marijuana legalization in US states. "Legalization for recreational use is definitely not the right way to go," he told Reuters in an interview. "We do know about the damage that cannabis does to the brain," the South African physician said. "I'm not sure how well people are going to be able to protect their children." Naidoo added that the 1961 Single Convention on Narcotic Drugs requires countries to comply with its provisions banning marijuana, and the US should do so in "all its territories."

Asset Forfeiture

New York County Approves Asset Forfeiture for Misdemeanor Drug Cases. Legislators in Orange County Thursday approved a law that allows authorities to seize cash and cars from defendants in misdemeanor drug cases, but only after they have been convicted. The measure passed on a party-line vote with Republicans voting for it and Democrats against despite fierce opposition from sitting Democrats and audience members. DA David Hoovler has portrayed the measure as means of keeping seized assets in the county instead of sending the money to the general fund in Albany, as required under the state's asset forfeiture law.

Drug Testing

Mississippi Welfare Drug Testing Program Has Only Two People Testing Positive. The state law that went into effect in August has so far resulted in 3,656 Temporary Assistance for Needy Families (TANF, the food stamp program) applicants being screened for drug use, 38 being selected for drug testing, and a grand total of two testing positive for drugs. It's not clear how much the state has spent implementing the program, but Cassandra Welchin, policy director of the Mississippi Low Income Child Care Initiative, said the result was clear. "It's just a waste of money," she said. "Poor working families don't need a barrier to services and this is just another barrier."

Law Enforcement

SWAT Lobby Fights Back Against Policing Reforms in Wake of Ferguson. The National Tactical Officers Association (NTOA), which represents more than 1,500 SWAT teams across the country, has mobilized to protect the federal program that provided military surplus equipment to local law enforcement. NTOA sent emails to all 535 members of Congress urging them not to end or tighten up the Pentagon's 1033 program, which transfers equipment including armored vehicles, grenade launchers, and bayonets to local departments. NTOA executive director Mark Lomax has also been busy, reaching out to congressional offices and testifying before both the House and Senate Homeland Security committees. And it looks like it worked -- Congress will take no action on the program as this year's session winds down. Click on the link for much more.

Drug War Issues

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