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It's on in Alaska! Marijuana Legalization Vote Coming in August

Alaska election officials have certified that a marijuana legalization initiative there has qualified for the ballot. Alaskans will go to the polls in August.

"Based on the numbers posted by the Division of Elections, Alaskans will have the chance to overturn the failed policy of prohibiting marijuana use," Taylor Bickford, a spokesman for the legalization campaign, told the Associated Press last night.  

The initiative is sponsored by the Campaign to Regulate Marijuana Like Alcohol in Alaska with the help of the Marijuana Policy Project.

It would legalize the possession of up to an ounce by adults and the cultivation of up to six plants. It would also allow people to keep the fruits of their harvest in excess of an ounce as long as they keep it at home. It would create a system of state-regulated and -taxed retail marijuana sales.

Alaska appears to be in line to be the third state to legalize marijuana.

Location: 
AK
United States

Chronicle AM -- February 3, 2014

Short-sighted Tories slam a Welsh harm reduction drug testing program, DC could decriminalize marijuana possession tomorrow, Oregon's governor thinks the legislature should legalize it, South Dakota legislators get busy with bad bills, and a South Dakota Indian reservation is thinking about legalization, and more. Let's get to it:

Marijuana Policy

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

Oregon Governor Wants Legislature to Act on Legalization. Faced with the seeming inevitability of marijuana legalization in his state, Oregon Gov. John Kitzhaber (D) said last Friday the legislature should take it up. "I hear the drumbeats from Washington and Colorado," he said. "I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that." A bill to do that, Senate Bill 1556, is currently before the legislature. If the legislature doesn't act, a ballot initiative that could legalize marijuana in the state is waiting in the wings.

South Dakota's Pine Ridge Indian Reservation Considers Legalization. The Oglala Sioux Tribal Council on southwestern South Dakota's Pine Ridge Reservation has taken preliminary steps toward a public vote on marijuana legalization. Last week, the tribe's business development community approved the measure, and Tribal Chairman James Cross supports it. The full tribal council could approve a vote within the next month.

California Legalization Initiative Cleared for Signature-Gathering. The Marijuana Control, Legalization and Revenue Act (MCLR) initiative was approved last Friday for signature gathering to begin. Organizers now have until May to qualify for the November 2014 ballot. They need 504,000 valid voter signatures to do so. Three other legalization initiatives have also been submitted, but at this point, it appears unlikely that any of the initiatives will qualify for the ballot.

Two-Thirds of Hawaiians Ready to Legalize It, Poll Finds. Support for marijuana legalization in the Aloha State has jumped nine points since 2012 and now stands at 66%, according to a new QMark Research Poll. The survey also found 77% opposed jail time for pot possession and 85% supported allowing medical marijuana dispensaries.

New Jersey Poll: Only 41% Support Legalization. A new Fairleigh Dickinson University PublicMind Poll has support for legalizing small quantities of marijuana or personal use at 41%, although it is trending upward. "These numbers point to the possibility that fertile ground exists in the state for those looking to expand legalization beyond medicinal use," poll director Krista Jenkins said. "Policymakers will likely be watching for changes in public opinion as the percentage difference between those in favor and opposed gets closer to the 50/50 mark. Right now, however, a majority of the public remains opposed."

Medical Marijuana

Portland, Oregon, Medical Marijuana Business Symposium Draws Hundreds. Hundreds of people showed up in Portland Saturday at a marijuana business symposium to give and get advice on how to operate dispensaries and related businesses in the state. Beginning in March, the state of Oregon will start accepting applications for the businesses, making it a taxed and regulated industry.

Guam Senate Passes Bill to Put Medical Marijuana on the Ballot. The Guam Senate Saturday approved Bill 215, which would put the question of legalizing medical marijuana directly to the voters. The governor could still veto it, but unless he takes affirmative action to do so it will go into effect. Sponsor Sen. Tina Muna Barnes (D-Mangilao) amended the bill to allow for a popular referendum after running into opposition in the legislature.

New Mexico Medical Marijuana Grower Sues over Stalled Permit. A Santa Fe man has sued the state Department of Health over what he describes as a severe medical marijuana shortage. Mark Springer of Medical Marijuana, Inc. accuses the department of failing to act on his application and asks that it reopen the application period for growers and ease limits on how much they can grow.

Michigan Medical Marijuana Bills Stalled. Two bills that would make it easier for patients to acquire medical marijuana, including allowing dispensaries and the use of edibles, passed the House late last year, but now appear stalled by a hostile Senate committee chair. They are stuck in the Senate Government Operations Committee, chaired by Senate Majority Leader Randy Richardville (R-Monroe), who is not a big fan. "I'm going to sit on them for awhile," he said. The two bills are House Bill 5104 (edibles) and House Bill 4271 (dispensaries).

Methamphetamine

South Dakota Meth Precursor Registry Bill Passes Senate. A bill that would make South Dakota the 30th state to join the National Precursor Log Exchange (NPLEx) to track pseudoephedrine sales passed the Senate last week. Senate Bill 24 now heads to the House for consideration.

Drug Testing

South Dakota Public Benefits Drug Testing Bill Filed. A bill that would direct the state Department of Social Services to screen and drug test public benefits applicants for drug use has been filed in the South Dakota Senate. State Sen. Mark Kirkeby (R-Rapid City) tried and failed with similar bills in 2011 and 2012, but he's back this year with Senate Bill 123.

International

French Legislator Has Bill to Legalize Marijuana. A Green Party legislator said Saturday she had written a bill to legalize marijuana in France. Sen. Esther Benbassa, who represents a district on the outskirts of Paris, said France suffered from "a paradox," with some of the toughest marijuana laws in Europe, but also rising use levels.

Welsh Tories Attack Government for Funding Harm Reduction Drug Testing. Public Health Wales is operating a web site, Wedinos, where individuals can have drug samples tested for content and purity, and that has Welsh Tories crying foul. "This website suggests that Labour in Wales has given up the fight against drugs," complained Shadow Health Minister Jim Millar. "This free service is not just testing recreational highs, but illegal and dangerous drugs including heroin, cocaine and crack and gives advice on snorting and injecting substances." A government spokesman responded that it totally rejects those charges. "We are taking action to help individuals and society deal with the problems of substance misuse," he said. "Wedinos can provide essential intelligence and can help save lives. "It contributes to the wider UK and European Early Warning Systems in place to identify and monitor changing trends in drug use."

United Arab Emirates Toughens Drug Trafficking Laws. The United Arab Emirates (UAE) is vowing to seize assets from drug dealers and traffickers, but at the same time, it is working to enhance drug treatment services as part of "a containment policy for drug addicts, guiding them towards annihilating their addiction through innovative services."

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.

Chronicle AM -- January 27, 2014

Florida's medical marijuana initiative will go to the voters in November, the DEA administrator is being both jeered and cheered for her criticism of President Obama's remarks on marijuana, the Supreme Court makes it harder to punish drug dealers for deaths related to their wares, and much more. Let's get to it:

Drug War Chronicle takes no position on the game.
Marijuana Policy

DEA Head Criticizes Obama Marijuana Remarks, Faces Calls to be Ousted. DEA Administrator Michele Leonhart last week got a standing ovation from a convention of sheriffs when she criticized President Obama's remarks on the relative safety of marijuana compared with alcohol. But now, drug reformers are calling for her head.

Colorado and Washington NORML in Superbowl "Bud Bowl" Challenge. The contenders in Sunday's NFL Superbowl game, the Denver Broncos and the Seattle Seahawks, both come from states where marijuana is legal. In honor of their hometown teams and their respective states' legal marijuana status, NORML chapters in Washington and Colorado have engaged in a friendly wager. If the Denver Broncos win, WA NORML has agreed to dress in Bronco colors of blue and orange and sing Karaoke-style Colorado's (second) official state song "Rocky Mountain High" by John Denver. If the Seattle Seahawks win, CO NORML will do the same, but in Seahawk blue and green and singing "Purple Haze" by Jimi Hendrix, a native son of Seattle. [Ed: StoptheDrugWar.org has no position on either the game or the wager.]

New Jersey State Senator Announces Plans to Introduce Marijuana Legalization Bill. State Sen. Nicholas Scutari (D) said late last week that he plans to introduce a bill to legalize marijuana. The bill is not yet filed, but envisions language that would tax and regulate marijuana like alchohol.

Harris County (Houston) DA Says Decriminalize It. Responding to Texas Gov. Rick Perry's (R) remarks last week in Davos that he supported decriminalization of marijuana possession, Harris County DA Devon Anderson said she agrees with his call for decriminalization.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes last Thursday reiterated his request that the Washington State Liquor Control Board increase the number of marijuana retail stores allowed in the city. The board has set the number at 21, but Holmes has said that is not going to be enough.

Oregon Marijuana Legalization Referendum Bill Filed. State Sen. Floyd Prozanski (D-District 4) and several cosponsors have introduced Senate Bill 1556, which would legalize, tax, and regulate marijuana possession and commerce for adults. If passed by the legislature, the measure would then go before voters on the November ballot.

Medical Marijuana

Florida Supreme Court Approves Medical Marijuana Initiative -- It's Going to the Voters! The Florida Supreme Court Monday removed the final obstacle to the state's medical marijuana initiative appearing on the November ballot. It rejected a challenge to the measure's language by Attorney General Pam Bondi (R). The initiative has already had enough signatures validated to qualify. Click on the link to read the opinion and the text of the initiative.

Guam Medical Marijuana Bill Now Calls for Referendum. Sen. Tina-Muna Barnes, sponsor of medical marijuana Bill 215, announced Monday that she has rewritten the bill "to allow for a referendum, thus placing the question before the People of Guam in the 2014 General Election." She made the change, she said, because "the overwhelming majority of senators from both parties felt that an issue of this importance should be decided by the people directly."

Medical Marijuana Dispensary Licenses Set To Be Awarded In Massachusetts. The state Department of Public Health says it hopes to award up to 35 medical marijuana dispensary licenses this week. More than a hundred applications have been submitted. State law allows up to five dispensaries in each county in the state.

Drug Testing

Bangor (PA) School District Wants Random Drug Tests for Teachers. A policy that would make the Bangor Area School District the only one in the state to require random, suspicionless drug testing of teachers is part of negotiations for a new union contract. The contract being discussed wouldn't impose random drug testing, but would require teachers to put it to a vote. The issue came to the fore in the area after a teacher died of a heroin overdose in the apartment of a wrestling coach in 2009.

Illinois Welfare Drug Testing Bill Introduced. State Rep. Dwight Kay (R-Glen Carbon) has introduced a bill that would require welfare applicants to undergo a drug test before becoming eligible to receive benefits. House Bill 4255 does not include an intermediary step of drug screening to determine which applicants are likely to be drug users, but goes straight to testing all applicants. The federal courts have found similar laws unconstitutional.

Sentencing

US Supreme Court Restricts Heroin Death Sentencing Enhancement. The US Supreme Court ruled Monday that a heroin dealer cannot be held liable for a customer's death if the heroin use was only a contributing factor and not necessarily the sole cause. Federal law imposes a 20-year mandatory minimum sentence when "death or serious injury results from the use" of an illegal drug, and prosecutors have used the statute to win the tough sentences, but the high court held Monday that prosecutors must prove that the drug was the specific cause of death, not just a contributing factor. The case is Burrage v. United States.

San Francisco Jail Population Dropping Because of Decrease in Drug Arrests. A report from the San Francisco board of supervisors' budget analysts says the jail population has dropped because of decreased drug arrests and city policies that promote alternatives to incarceration. The jail population is down 30% since 2008. The report comes as supervisors wrangle over whether the city needs a new jail and how big it should be.

Law Enforcement

DEA Busts Bitcoin Exchange CEO for Silk Road Money Laundering. Charlie Shrem, the CEO of BitInstant, a Bitcoin exchange, has been arrested by the DEA and is charged with money laundering for selling over $1 million in Bitcoins to users of the Silk Road dark web drug sales site, who used the currency to buy drugs there. Shrem faces federal money laundering charges. Shrem and an unnamed coconspirator were both charged. "Hiding behind their computers, both defendants are charged with knowingly contributing to and facilitating anonymous drug sales, earning substantial profits along the way," DEA agent James Hunt said in a release.

Virginia Bill to Criminalize "Secret Compartments" Filed. A bill introduced by state Sen. Chap Petersen (D-Fairfax) would make it a crime to knowingly have a secret compartment in a car -- even if there isn't anything in it. The bill, Senate Bill 234, makes having such a compartment a felony and defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

International

Mexican President Invites Anti-Cartel Vigilantes to Join Security Forces. Mexican President Enrique Pena Nieto said last Thursday that anti-cartel vigilantes or militias were a result of institutional weakness within national security forces and asked them to join those same security forces. He asked them to do "to do it by observing the principles and formalities of the law, fulfilling the requirements to become part of the security corps." The vigilantes are engaged in ongoing battles with the Knights Templar cartel in the state of Michoacan.

Dutch MP Calls on Government to Allow Marijuana Growing Pilot Projects. Labor MP Marith Rebel called last week for Justice Minister Ivo Opstelten to allow experiments with the legal production of marijuana. "Turning a blind eye to the fact the cafes are selling marijuana but not recognizing the fact they also have to buy it is helping criminals," Rebel said. Opstelten last month rejected calls from local councils to allow regulated grows, even though polls show majority support for the move.

New Zealand Greens Will Push for Marijuana Decriminalization, But Not Too Hard. New Zealand's Green Party says it will push for decriminalization in any post-election negotiations with Labor, but that the issue will not be a deal breaker. "I would like to progress a vast amount of our policy, and that would be one," said party coleader Metiria Turei. "We believe a drug-free lifestyle is the healthiest, but we don't believe people should be convicted of a crime, adults, if they smoke cannabis. So we still consider decriminalization is the wisest policy." But she also said the party had no bottom lines as it ponders the prospect of a coalition government with Labor.

Florida Medical Marijuana Initiative Will Go to the Voters!

Just moments ago, the Florida Supreme Court issued an opinion approving a medical marijuana initiative for the November ballot.

The initiative, the Use of Marijuana for Certain Medical Conditions constitutional amendment, has already been certified as qualifying for the ballot by state election officials. They have validated more than 710,000 signatures; the initiative only needed 683,000.

Because it is a constitutional amendment, as opposed to a statutory initiative, it will have to get 60% of the vote to be approved.

But it now looks like medical marijuana is on the verge of a breakthrough in the previously solid South, and in the South's most populous state, at that.

Kudos to People United for Medical Marijuana/United for Care for overcoming significant odds and actually getting this sucker on the ballot.

Location: 
Tallahassee, FL
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.

Florida Medical Marijuana Initiative Has Enough Signatures!

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.

The campaign led by People United for Medical Marijuana still must overcome one more hurdle before the initiative can appear on the ballot. The state Supreme Court is currently considering a challenge to the initiative from state Attorney General Pam Bondi (R), and will decide by April 1 whether her objections are valid.

If the initiative makes the ballot and passes, that will open up a huge fissure in what had previously been the solidly anti-medical marijuana South.

Location: 
FL
United States

Medical Marijuana Update

Residents of a pair of California counties are fighting back against restrictive ordinances, Arizona rejects some new medical conditions, Illinois sets out draft rules, and more. Let's get to it:

Arizona

Last Friday, Arizona officials declined to add several conditions to the list that qualify for medical marijuana. The Department of Public Health denied petitions seeking approval to use medical marijuana for the treatment of post traumatic stress disorder, depression, and migraines. Director Will Humble said the decision was due to a lack of published data regarding the risks and benefits of using medicinal cannabinoids. The department will accept new petitions January 27 – 31.

California

Last Wednesday, foes of Lake County's medical marijuana ordinance turned in signatures for a referendum to repeal it. Organizers turned in 4,222 signatures, about half again as many as needed to qualify for the June ballot, but they must still be verified. The ordinance, which has been suspended pending the outcome of the referendum, bans cultivation in residential neighborhoods in unincorporated parts of the county. Grows would be allowed outdoors on parcels bigger than an acre, with a maximum of 48 plants on a 20-acre parcel.

Last Thursday, Fresno County activists began a signature gathering drive for a referendum seeking to repeal the county's new ban on cultivation. Organizers need to obtain 20,130 valid voter signatures by February 5.

On Tuesday, Assemblyman Tom Ammiano said he would again work this year to get a medical marijuana bill passed in Sacramento. "This year, I will again have legislation to create a regulatory structure for medical marijuana. Nearly two decades after voters legalized cannabis for those who have a medical need, we still see a chaotic environment of prosecutions, threats and confusing court decisions," he said. "We need to have a regulatory structure to make sure that patients have a safe supply, free of criminal influence. We also need this to ensure that growers are environmentally responsible, and to make sure that medical recommendations are based on real needs, not some doctor's profit motive."

Illinois

On Monday, state officials unveiled draft regulations for the medical marijuana program. They include a $150 fee for a patient to register, fingerprinting at the patient's own expense, and barring anyone with a drug felony from being registered. But it could still be a year before some patients are able to register, and that and other aspects of the draft regs are raising eyebrows among patient advocates.

Michigan

On Monday, new state medical marijuana figures came out. They show that the number of registered patients declined about 5%, from 124,000 in 2012 to 118,000 last year. But the number of providers dropped dramatically, from 50,000 to 27,000, because of changes in state law, prosecutions, and adverse court decisions.

New Mexico

On Tuesday, a Santa Fe doctor filed a complaint against the Medical Cannabis Advisory Board, charging that it overstepped its authority by requiring her to provide patient documentation above and beyond that required by state law. The complaint also alleges that board chair Dr. Steven Rosenberg has a conflict of interest because his practice certifies patients for medical marijuana, making other certifying doctors his economic competitors.

Utah

Last Wednesday, a new poll showed narrow majority support for medical marijuana in the Beehive State. The Salt Lake Tribune poll had 51% in favor. The poll comes after parents of children suffering from seizures gained considerable publicity in their bid to get a bill allowing the importation of high-CBD cannabis oil passed.

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

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.

The Specter of Municipal Marijuana Legalization Looms Over DC [FEATURE]

The District of Columbia city council this week took a preliminary step toward decriminalizing marijuana possession in the nation's capital, with a bill to do just that winning a unanimous committee vote. But the council's belated response to decades of racially biased pot policing may end up just being a blip on the path to outright legalization.

That's because District activists, led by the indefatigable Adam Eidinger and the DC Cannabis Campaign have filed a marijuana legalization initiative with DC officials and are determined to move forward with it.

According to the campaign, the Legalization of Possession of Small Amounts of Marijuana for Personal Use Act of 2014 would "make it lawful for a person 21 years of age or older to possess up to two ounces of marijuana for personal use; to grow no more than three mature cannabis plants within the person's principal residence; and to transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older; and to use or sell drug paraphernalia for use, growing or processing of marijuana or cannabis that is made legal by the Initiative."

The act does not address legal marijuana commerce because under District law, initiatives cannot deal with matters having to do with District government revenues. In the event the initiative passed, the council would have to come up with any regulatory and taxation scheme.

"Under DC law, voters can't interfere with the city's tax and spending authority," explained Bill Piper, national affairs director for the Drug Policy Alliance (DPA). "And the courts have read that so broadly that they ruled that a ban on public smoking in bars would lead to less smoking, which would interfere with the city's revenue authority."

The time for a legalization push appears to be ripe. Public sentiment in the District, long a bastion of liberal politics, is swinging in favor of legalization, not least because of increased public awareness of the racially disparate impact of marijuana prohibition.In a June report, The War on Marijuana in Black and White, the American Civil Liberties Union found that Washington, DC, had one of the highest racial disparities in marijuana arrests in the country, second only to Iowa. In DC, blacks were 8.05 times more likely to face arrest for pot possession than whites. Numbers such as these are driving the reformist impulse in the District.

A Washington Post poll released Wednesday is a case in point. In that poll, 63% of DC residents favored legalizing small amounts of marijuana, up from only 46% in 2010. And among the District's black residents, support increased even more dramatically, from only 37% in 2010 to 58% now.

Adam Eidinger before the microphone (dcmj.org)
Not only does legalization appear to have public opinion on its side, the District is also easy pickings for initiatives. The number of signatures needed to qualify for the ballot is relatively small, and, in advertising market terms, DC is only a medium-sized market, meaning that the cost of a campaign is also relatively small.

"We only need 25,000 valid signatures, although we're going for 30,000, just to be on the safe side," said Eidinger. "I think we can do that in four months," even though DC law gives them up to six months.

The veteran DC activist estimates that the campaign needs $500,000 to be successful.

"I think we need about $300,000 for signature gathering," he said. "We'll need about half a million to be also be able to fight off any counter-campaign that emerges."

Eidinger and the DC Cannabis Campaign aren't there yet. He said the campaign had received a $100,000 donation from Dr. Bronner's Magic Soaps and an additional $10,000 in bitcoins (!). The drug reform community needs to step up, he said.

"If we don't raise at least $350,000, I don't know if we can move forward," he said. "That's the bare bones. And if we do get this on the ballot, the drug reform community here in Washington should come up with the money. This is the nation's capital," he exclaimed. "It's a twofer. If we can legalize it here, we can legalize it anywhere."

But drug reform organizations that serve as major funding conduits have yet to get on board, at least with their checkbooks.

"We don't have a position so far on the initiative," said Dan Riffle, a spokesman for the Marijuana Policy Project. "We generally support legalization, but it's a question of whether we want to put our resources into a campaign that would improve on a very good law."

Riffle was referring to the District's decriminalization bill, which he described as "the best decriminalization law in the country," with maximum $25 fines and no probable cause for a search based on smell alone.

DPA was similarly focused on the decriminalization bill and perhaps going even further with the council.

"Our first goal is eliminating the mass arrests of people of color in DC, which is why we're working with the council to support the decriminalization bill," said Piper. "And then we will support legalization, either through the initiative process or through the council or both," he said.

"We've had a lot of discussions with Adam," said Piper. "They're in the process of figuring out how much money they can raise to support this, while we're working with Councilmember Grosso and others on a tax and regulate bill."

That's all well and good, said Eidinger, but the initiative campaign needs money now.

"Early donations are the most important," he emphasized. "I think we can get the money to get this on the ballot, but we need money to defend it, and we need to hire good people early. People need to donate now!"

Marijuana reform is happening in the District of Columbia. The question now is how far it goes, and by what route. Decriminalization looks like a done deal, but having a legalization initiative hanging over the city council's head may prod it to take the next step as well.

"The council will for sure decriminalize in the next month," Piper prophesied. "But will they then take up legalization? Having an initiative on the ballot is a good way to force their hand. We're hopeful that the council will realize that they will either end up in a situation where marijuana is legal with no controls, or they can take action and adopt a regulatory approach."

The initiative now awaits approval by the Board of Elections of its language, which could take up to a month. Then, it's on to signature gathering. Then it's winning an election. And then, Congress would have to refrain from blocking it -- or be forced once again to contravene the democratically expressed will of the voters of the nation's capital.

"There are lots of hurdles, but now is the time to move forward with righteous indignation," Eidinger said. "Those people who were talking about decriminalization aren't talking about it now; instead, the goal now is legalization. This is the time for everyone to think big and win!"

Washington, DC
United States

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