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Chronicle AM: Senate Has Deal on Sentencing Reform, OR Legal Pot Sales Begin Today, More (10/1/15)

Oregon dispensaries can now sell marijuana to all comers (21 and over), a bipartisan group of senators announces a deal on major sentencing reform, Albuquerque's mayor vetoes decrim again, heroin policy on the campaign trail is featured, and more.

now on sale to adults in Oregon (wikimedia/Mangokeylime)
Marijuana Policy

Family Physicians Say Marijuana Should Be Decriminalized, Rescheduled. Meeting in Denver, the American Academy of Family Physicians has passed two resolutions on marijuana policy. The first originally called for legalization, but was watered down to decriminalization, while the second calls on the DEA to move marijuana from Schedule I to Schedule II of the Controlled Substances Act. Click on the link for details on the debate.

California Marijuana Arrests Decline to Lowest Level Since 1966. Data from the FBI's annual Uniform Crime Report shows that pot arrests in the state are at the lowest in nearly 50 years. Some 19,711 people were arrested on marijuana charges last year, down slightly from 20,346 in 2013. Arrests have nose-dived since the state decriminalized possession in 2008. But some things apparently never change: Blacks were arrested for marijuana offenses at a rate more than twice their percentage of the state's population.

Legal Recreational Marijuana Sales Are Now Underway in Oregon. Medical marijuana dispensaries across the state began selling pot to anyone with an ID showing he is 21 or over today. State officials moved to allow dispensaries to start selling recreational marijuana early in order to allow Oregonians to have a place to legally purchase it until adult use shops open next year. Not all dispensaries are participating; about 200 of the 345 in the state are.

Albuquerque Mayor Vetoes Decriminalization (Again). Mayor Richard Berry has vetoed a decriminalization ordinance passed by the city council. He vetoed a similar measure last year. In a veto statement, he said he had a "hard time signing legislation that preempts state and federal law." Except that it doesn't. Decriminalization has majority support in the city and Bernalillo County, but the mayor doesn't appear to be listening.

Heroin and Prescription Opiates

Heroin As a Campaign Issue. This USA Today story looks primarily at the attention Hillary Clinton is paying to heroin and opiate addiction in New England and the role of Vermont Gov. Peter Shumlin (D) in advising her on drug policy, but also mentions Carly Fiorina and Bernie Sanders. Jeb Bush has also been talking about addiction this week.


Senators Reach Deal on Sentencing Reform Package. A bipartisan group of senators announced a historic deal on criminal justice reform Thursday, rounding out a negotiation process that has lasted almost five months. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release, among other things. Look for a Chronicle feature story on this in coming days.

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

Ohio Marijuana Monopoly Madness: ResponsibleOhio and Its Foes [FEATURE]

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

Ohio may about to legalize marijuana, but not the way other states have done it. A constitutional amendment that would go before voters in November would create a virtual monopoly on commercial marijuana grows for the entire state. That's not sitting well with a number of Ohioans, including the Republican state legislature and a good number of Buckeye State legalization and medical marijuana activists. It's also leaving major national drug reform organizations deeply ambivalent.

The ResponsibleOhio initiative is almost certain to qualify for the ballot any day now. Its well-financed campaign has handed in more than 700,000 signatures to state officials, nearly twice the 305,000 valid voter signatures needed. Those officials have until later this week to verify the signatures. [Update: Monday, state officials said the initiative was 29,000 signatures short, but ResponsibleOhio has another 10 days to make up the shortfall and it says it will challenge the disqualified signatures at the state Supreme Court.]


The initiative allows adults 21 and over to grow and possess limited amounts of marijuana and calls for a system of regulated and taxed marijuana production and sales. It even has provisions for medical marijuana. None of that is controversial.

But under ResponsibleOhio's initiative, commercial marijuana production can only take place at 10 sites in the state. The sites have already been allocated to 10 sets of investors, who have kicked in $1.7 million for the campaign so far and are prepared to spend $20 million or more convincing the public to vote for it.

The investors include a number of Ohio business interests -- real estate developers, venture capital firms, philanthropists, with nary a Cheech or a Chong among them -- as well as some home state big names who could sway public opinion. These include NBA legend Oscar "Big O" Robertson, Cincinnati-based fashion designer Nanette Lepore, and former Cincinnati Bengals and Cleveland Browns defensive end Frostee Rucker (now with the Arizona Cardinals).

In return for their hoped-for voter-granted monopoly, the investor groups would pay a $100,000 fee and a 15% tax on their gross revenues, as well as other commercial fees. Critics have charged that the plan freezes out all but the initial investor groups, but ResponsibleOhio counters that there will be plenty of commercial opportunities in making and selling marijuana products.

While this written-in monopoly may seem strange to many, it's not going to seem so strange to Ohio voters. In 2009, they legalized gambling by approving a constitutional amendment that specified sites for four casinos owned by the companies backing the amendment.

ResponsibleOhio looks to have deep enough pockets to put on a full-scale, multi-million-dollar advertising campaign. Estimates are that to win in California next year, legalizers will have to spend $10 million or so in advertising, but ResponsibleOhio is talking about spending $20 million in a much smaller media market, and it doesn't have to go begging for donors.

The momentum is there. The entire country is riding a wave of increasing support for marijuana legalization, and Ohio is no exception. An April Quinnipiac University poll last month had support at 53% (it also had narrow majorities for legalization in swing states Florida and Pennsylvania), up two points from the same poll a year earlier.

Strange Bedfellows

But ResponsibleOhio is facing a head-on challenge from the legislature, attacks from legalizers left out in the cold, and a more general discomfort with constitutionally-mandated monopolies.

Late last month, the legislature approved a proposed constitutional amendment that would bar any addition to the state constitution that created "a monopoly, oligopoly, or cartel" to distribute a federally controlled substance. The proposed amendment specifies that if it passes, any initiative that conflicted with it -- i.e. the ResponsibleOhio initiative -- "shall not take effect."

If both initiatives passed, rest assured that lengthy legal battles would ensue, but in the meantime, marijuana legalization in Ohio would be dead in the water. While legislative leaders paid lip service to concerns about anti-competitiveness, the amendment is clearly designed to stop legalization and is the instrument of a body that has steadfastly refused to consider legalization for nearly 20 years.

That didn't stop some legalization supporters -- and ResponsibleOhio foes -- from applauding the move, and even encouraging it.

"We don't support the ResponsibleOhio initiative because we don't believe it achieves the goals of legalization, said Sri Kavuru, president of Ohioans to End Prohibition (OTEP), which is campaigning to get its own legalization initiative on the 2016 ballot. "I testified in favor of the anti-monopoly amendment, and I believe it will pass and get more votes than ResponsibleOhio," he told AlterNet.

The forthrightly named Citizens Against ResponsibleOhio doesn't mind siding with the Republican legislature, either, said the group's leader, Aaron Weaver.

"It is very interesting that all these different parties have come together with the same purpose in mind, to stop the hijacking of our constitution by private interests," Weaver said. "It's very strange indeed, but the collaboration of different groups for a mutually beneficial and moral purpose, I think, is a good thing."

"The current system is actually better than their plan. It gives them a monopoly where only these 10 groups get the right to cultivate commercially, and that's bad policy for the state," Kavuru argued. "It creates an environment that allows a black market to thrive, and it doesn't eliminate arrests. The purpose of legalization is supposed to be to get rid of criminal arrests."

The ResponsibleOhio initiative would increase penalties on some cultivators and would leave people under 21 subject to arrest, Kavuru charged. He also attacked its medical marijuana provisions.

"It doesn't actually give any protection for patients and only says a commission 'may' implement a medical program," he said. Everything for recreational is 'shall.'"

Ohio Families CANN is also not satisfied with ResponsibleOhio's initiative, said Nicole Scholten, a spokesperson for the group, which seeks access to marijuana to treat sick children.

"We are wary of ResponsibleOhio's approach," she said. "We are not convinced it would yield the type and volume of medical cannabis that would be effective for our children. Legalization does not equal sustainable medicine. The medicine that would help our kids requires specific strains of cannabis and vast quantities. ResponsibleOhio's plan to have only ten grow sites is problematic. There is no guarantee these businesses would devote the grow space to the kind and volume of cannabis we need."

But another patient-activist organization that has tried unsuccessfully for years to get an initiative on the ballot, the Ohio Rights Group, is less negative. Its executive director, Jack Pardee, noted that the legislature has refused for nearly 20 years to even discuss marijuana legalization bills.

"We've been having a debate in our community about the merits of what the legislature is trying to do with this thing and, in my opinion, it has nothing to do with protecting Ohioans from economic forces," Pardee said. "ResponsibleOhio isn't perfect, but it has a lot of the pieces that ending prohibition needs to be successful."

National Drug Reform Groups Ambivalent

The divisions among Ohio activists are somewhat reflected by the national groups that have so far been the big players in marijuana legalization. None of them are directly involved with ResponsibleOhio -- it certainly doesn't need their fundraising abilities -- but they are watching with great interest and concern.

"It doesn't resemble our initiatives," said Marijuana Policy Project spokesperson Mason Tvert. "We have not proposed such laws in the past, and it's not the type of law we would draft," he told AlterNet.

"It's up to Ohio voters to decide if this is the kind of system they want to replace marijuana prohibition with," said Tvert. "It would get the job done, but we think marijuana should be treated like alcohol, and there should be a system where there can be a lot of competition and different businesses out there producing this product."

And he had a word of advice to Ohio activists opposing ResponsibleOhio.

"If they want to end marijuana prohibition, they need to weigh their opposition to this initiative against the possibility of having to wait longer for a better initiative," Tvert said.

"A lot of legalizers, we feel like the movement has been hijacked by the money people," said Keith Stroup, founder and currently counsel for the National Organization for the Reform of Marijuana Laws. "But the bottom line for NORML is that we want to legalize marijuana," he told AlterNet.

"While we'd have a preference for the little or medium-sized guy, we're not that concerned about who gets rich off it," the movement veteran said. "We're about not treating marijuana users like criminals, and we can speed that process along by three or four or five years because some rich investors run their own initiative, if it actually legalizes pot smoking and dispensaries where they can buy, if they qualify for the ballot, we will support it even if it's not perfect."

Stroup took great umbrage with the legislature's move to block the initiative.

"That's a bad faith move by the legislature," he growled. "The reason we have the initiative process is because legislatures were not responsive to the will of the people, and now we have a case where the people are going around the legislature, and the legislature is going to try to go around the people."

Stroup prophesied high-stakes litigation if ResponsibleOhio wins at the ballot box, but its victory is nullified by passage of the legislature's initiative.

"That undermines the basic purpose of initiatives, and we have at least one legal opinion that nothing in that resolution would in any way affect the initiative if it were to pass," he said. "I hope the courts act in that case."

"We've fought for a long time to end marijuana prohibition for civil rights, social justice, public health, and public safety reasons, and to create a legal market," said Ethan Nadelmann, executive director of the Drug Policy Alliance, "But to then have some folks come along trying to create a constitutionally-mandated oligopoly kind of sticks in everybody's craw."

DPA has worked and is working on legalization in a number of states, and was consulted in the drafting of the ResponsibleOhio initiative, but is not endorsing it. Nadelmann's ambivalence was indicative of the mixed feelings the measure is arousing among activists.

"The fact is, we have investors putting up $20 or $30 million to win this thing in a state that will be the center of national political attention next year -- no one else is going to do it in Ohio. There is a possibility the oligopoly provision could get knocked out. The best outcome would be for this initiative to win, and then get that knocked out," he said.

"Aside from the oligopoly provision, it's actually pretty good," Nadelmann continued. And after criticism of an earlier draft, "they were actually pretty solicitous, they added home grow, medical marijuana protections, and the distribution model is pretty good."

Who Will Be in the Driver's Seat?

But the ResponsibleOhio move also signals the emergence of monied interests whose deep pockets could leave activists and the drug reform movement on the sidelines -- and who may not share the same interests dear to the hearts of reformers.

"There's something similar going on in Michigan," Nadelmann noted, referring to an as-yet-to-filed initiative from the Michigan Responsibility Council, one of three groups planning legalization initiatives in the state right now. "And look at Arizona, there's a lot of industry funding there, and there's been hard negotiations between MPP and those guys."

"The influence of DPA, MPP, and other activists is going to diminish rapidly," he predicted. "This is going to be increasingly driven by industry, and a lot of competing interests within the industry. And as this evolves into legislative processes, other forces are going to come into play and certain players will be able to make their demands felt. Social justice concerns could get knocked out."

If Not ResponsibleOhio, Who, and When?

The unhappy Ohio legalization activists and other ResponsibleOhio critics say that if and when it is defeated, they can move forward with their own legalization plans. Given the legislature's recalcitrance, that means they would have to run their own initiative campaign.

They haven't been able to do that so far, and while some, such as OTEP's Kavuru, say they can do it now, others aren't so sure.

"We have access to a lot of money," Kavuru said. "And we have a real solid political team. We're in negotiations right now for significant funding, and it's much easier to raise money for a recreational initiative than a medical one, because people are also looking at it as an investment."

But ResponsibleOhio is here and now, and if it goes down, it remains to be seen if anyone else can actually get on the ballot.

"If this is defeated this year, I doubt any major funders would step in to play a role in 2016," said NORML's Stroup. "I understand. The people in Ohio feel they were doing a great grassroots effort and hear these rich guys came along and bought the space. But the Ohio activists so far haven't shown they can get the funding to do good surveys, let alone pay for signatures or a professional campaign. This year may be our chance to take a conservative state like Ohio and leapfrog it ahead on legalization. I'm not real comfortable with ResponsibleOhio, but I just want it legalized."

The fun is just beginning in Ohio.

The Surprising State That Could Be the Next to Legalize Weed [FEATURE]

[This article was written in collaboration with AlterNet and first appeared here.]

It's looking more and more likely that voters in a key battleground state will be voting on marijuana legalization in November, and recent polling suggests it could win. That's this November, not November 2016.

The state is Ohio, where a controversial legalization initiative is already well on the way to qualifying for the ballot, and its backers -- or should we say investors? -- have the cash on hand to make sure it does.

There are marijuana legalization bills pending in any number of states, and early on, there were hopes this would be the year a state legislature would get around to legalizing it. New England states such as Maine, Massachusetts, and Vermont looked like the best bets, but it now doesn't seem like it's going to happen.

2016 promises to see a wave of legalization initiatives -- think Arizona, California, Nevada, Maine, and Massachusetts, for starters, with Arkansas, Michigan, Missouri, and Ohio also likely to see serious efforts emerge.

But that's next year. The group ResponsibleOhio is well on the way to putting the issue before Buckeye State voters this year. They've already had their proposed constitutional amendment approved for signature gathering and, thanks to paid signature-gatherers, are cruising toward qualifying for the ballot.

To qualify in Ohio, initiatives need 305,000 valid voter signatures; ResponsibleOhio collected 180,000 raw signatures in its first three weeks and still has more than two months to gather the rest. And the campaign is still expanding.

Veteran initiative watchers will tell you campaigns want a cushion of excess signatures to account for ones that are thrown out, maybe 25% to 30% above the requirement at a bare minimum. In Ohio this year, that would be 400-450,000 raw signatures. The campaign says they are aiming for 700,000.

Given the progress so far, and the organization and money behind it (see below), ResponsibleOhio's legalization initiative looks like it will qualify for the ballot.

A New Legalization Model

This is not legalization like we've seen anywhere else. Yes, it allows adults 21 and over to grow and possess limited amounts of marijuana and yes, it calls for a system of regulated and taxed marijuana production and sales. And it even has provisions for medical marijuana.

But under ResponsibleOhio's initiative, commercial marijuana production can only take place at 10 sites in the state, and those sites have already been allocated to 10 sets of investors, who have already kicked in $1.7 million for the campaign so far and who are prepared to spend up to $20 million convincing the public to vote for it.

The Big O in his NBA heyday. (
The investors include a number of Ohio business interest-real estate developers, venture capital firms, philanthropists, with nary a Cheech or a Chong among them -- but also some home state big names that could sway public opinion. These include NBA legend Oscar "Big O" Robertson, Cincinnati-based fashion designer Nanette Lepore, and former Cincinnati Bengals and Cleveland Browns defensive end Frostee Rucker (now with the Arizona Cardinals).

In return for their hoped-for voter-granted monopoly, the investor groups would pay a $100,000 fee and a 15% tax on their gross revenues, as well as other commercial fees. Critics have charged that the plan freezes out all but the initial investor groups, but ResponsibleOhio counters that there will be plenty of commercial opportunities in making and selling marijuana products.

The ResponsibleOhio plan has raised a lot of hackles among movement veterans such as NORML founder Keith Stroup, who voices widely-held worries about the impact of big money in the movement and Ohio activists, some of whom have their own initiative plans, but they may not matter as much as suburban Columbus soccer moms when it comes to election day.

And while this written-in monopoly may seem strange to many, it's not going to seem that strange to Ohio voters. In 2009, they legalized gambling by approving a constitutional amendment that specified sites for four casinos owned by the companies backing the amendment.

Can It Win?

Initiatives need to have money, momentum, and votes to win.

ResponsibleOhio looks to have deep enough pockets to put on a full-scale, multi-million dollar advertising campaign. Estimates are that to win in California next year, legalizers will have to spend $10 million or so in advertising, but ResponsibleOhio is talking about spending up to $20 million in a much smaller media market, and it doesn't have to go begging to donors.

The momentum is there. The entire country is riding a wave of increasing support for marijuana legalization, and Ohio is no exception. A Quinnipiac University poll last month had support at 53% (it also had narrow majorities for legalization in swing states Florida and Pennsylvania), up two points from the same poll a year earlier.

The conventional wisdom is that initiatives should be polling 60% or more at the beginning of the campaign because they are bound to lose some support in the face of organized opposition. But when it comes to marijuana, these hardly seem like conventional times. National polls show an upward trend, and Ohio polls show an upward trend. Whether it can win at the polls in an off-off-year election remains to be seen (the casino initiative did), but it certainly looks like it's going to be on the ballot, and it's got a very good shot on Election Day.

Ohio isn't the West Coast or New England. It's a mid-sized Midwest swing state critical in presidential politics. If Ohio legalizes it this year, the politics of pot is going to get very, very interesting next year.

United States

Chronicle AM: Federal Pot Banking Bill, OK Okays CBD Oil, IN Needle Exchange Approved, More (4/30/15)

Seventeen congressmembers introduced a federal marijuana banking bill, CBD cannabis oil gets approved in Oklahoma, medical marijuana advances in Louisiana, Indiana approves needle exchange programs, and more.

Facing an HIV outbreak in one county, Indiana has approved statewide needle exchange programs. (
Marijuana Policy

Federal Marijuana Banking Bill Filed. Rep. Ed Perlmutter (D-CO) and 16 bipartisan cosponsors yesterday introduced the Marijuana Business Access to Banking Act (HR 7076), which would allow marijuana businesses to open bank accounts. The bill would provide banks with a "safe harbor" so they can offer accounts to such businesses without fear of federal retaliation.

Rhode Island House Committee Hears Testimony on Legalization Bill. The House Judiciary Committee yesterday heard testimony on House Bill 5777, the marijuana regulation, taxation, and legalization bill from Rep. Thomas Slater. No vote was taken; the bill was held for further study. Click on the title link for more hearing details.

Medical Marijuana

Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) today signed into law House Bill 2154, also known as Katie and Cayman's Law. It allows for the use of CBD cannabis oil by children suffering from epileptic seizures and sets up a study program.

Louisiana Medical Marijuana Bill Wins Senate Committee Vote. Only a year after overwhelmingly rejecting a similar bill, the Senate Health Committee Wednesday unanimously approved a medical marijuana bill, Senate Bill 143, sponsored by Sen. Fred Mills, Jr. (R-Parks). The bill is set for a Senate floor vote next week. The bill does not allow for smoked marijuana; only marijuana processed into oils.

New Synthetic Drugs

North Carolina House Votes to Ban New Synthetics. The House voted unanimously today to add more compounds to the state's list of illegal drugs. House Bill 341 adds the NBOMe (N-bomb) compounds to the list. The drugs are described as similar to LSD. The bill now heads before the Senate Rules and Operations Committee.

Texas House Approves Bill Giving Cops More Power to Move Against Synthetics. With no debate and on a voice vote, the House Wednesday approved House Bill 1212, which would give law enforcement greater ability to move against synthetic drug manufacturers. A final vote of approval was expected today, and then the bill moves to the Senate. Similar legislation is already moving in that chamber.

Harm Reduction

Indiana Legislature Approves Needle Exchange Programs. Faced with an HIV outbreak in one southwestern county, the legislature last night approved a bill allowing for the establishment of needle exchange programs throughout the state. Gov. Mike Pence (R) says he will sign SEA 461.


Canada Supreme Court to Take Up Mandatory Minimum Drug Sentencing. The Supreme Court announced today that it will hear an appeal of mandatory minimum sentencing for drug offenses in the case of R v. Lloyd. Lloyd was arrested carrying small amounts of heroin, crack, and meth, and was subject to a one-year mandatory minimum sentence, but the Provincial Court found that sentence to be cruel and unusual. The BC Court of Appeal overturned the Provincial Court and increased his sentence. Now, the Supreme Court will decide if the sentence violates Canada's Charter of Rights and Freedoms.

Jamaica is About to Decriminalize Ganja

This article was published in collaboration with AlterNet.

The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries.

Rastaman has a reason to smile. (
The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday.

It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

While Jamaica is home to the Rastafarian religion, whose sacrament is marijuana, and has high usage rates (9.8% of the adult population, ranking it 10th worldwide, according to the UN), it has been slow to move forward on marijuana law reform.

It's been 14 years since a government-appointed National Commission on Ganja recommended decriminalization. At the time, Jamaican politicians were able to point to baleful threats coming from Washington as a reason not to move forward.

But things have changed. The United States is no longer wielding international drug control treaties as clubs with which to beat down reform efforts and, in fact, is moving unevenly toward marijuana legalization itself. Four states and the District of Columbia have already legalized it, and 14 more have decriminalized it.

The situation in the hemisphere is similar. Uruguay has already legalized it, while Argentina, Colombia, and Mexico have decriminalized the possession of small amounts. The land of the legendary Lamb's Bread pot strain and the home of ganja icon Bob Marley is in danger of being left behind when it comes to bringing marijuana laws into the 21st Century.

Groups such as the Ganja Law Reform Coalition, the Ganja Future Growers and Producers Association, and the Cannabis Commercial and Medicinal Research Task Force have been urging the government to loosen the island's pot laws not only for the sake of social justice, but also for fear that failure to act will hurt Jamaica's competitiveness in what is foreseen to be an emerging international legal marijuana market.

Now, while they're not getting full legalization, they are getting decriminalization and the opportunity to lay the groundwork for a legal marijuana industry.

"The development is long overdue and comes after years, and, in recent times, heavy pressure from what is now a diverse and broadening group of stakeholders on human rights, social, economic, scientific and medical grounds," cannabis taskforce director Delano Seiveright said in a statement.

For Justice Minister Michael Golding, it's less about social justice than economics. Marijuana law reform could boost the island's already significant tourist industry, he said.

"We need to position ourselves to take advantage of the significant economic opportunities offered by this emerging industry," Golding said.


Chronicle AM: Decrim in Jamaica/MD/Philly, Chris Christie Talks Drugs, PA ODs Bill, More (10/1/14)

Decrim comes to Maryland and Philadelphia, and Jamaica is working on it, too; the Oregon initiative campaign heats up, Chris Christie talks drugs, a SWAT reporting bill in Michigan gets a hearing, and more. Let's get to it:

Rastas down Jamaica way will soon have something to smile about. (
Marijuana Policy

Oregon Legalization Campaign Unveils First TV Ad. The Measure 91 legalization initiative campaign has unveiled the first of its TV spot ads, featuring a former veteran Oregon law enforcement officer explaining why he supports legalization. The campaign has about $2 million budgeted for TV ads in the final weeks of the campaign. Click on the title link to view the ad.

Leading Legalization Foe to Make Oregon Campaign Appearances. The man who is arguably the leading public opponent of marijuana legalization, Dr. Kevin Sabet of Project SAM (Smart Approaches to Marijuana), will make seven appearances in Oregon this week to campaign against the Measure 91 legalization initiative. He had planned a 13-stop "Oregon Marijuana Education Tour" partly funded with federal grant dollars, but that was scrapped after the Measure 91 campaign cried foul. Now, Sabet's crusade is privately funded.

Philadelphia Mayor Signs Decriminalization Bill. Mayor Michael Nutter (D) today signed into law a bill that decriminalizes the possession of small amounts of marijuana. Up to an ounce will be considered a civil offense, punishable by a $25 fine or a $100 fine for public consumption. The new law will go into effect October 20.

Decriminalization Now in Effect in Maryland. As of today, the possession of up to 10 grams of marijuana is no longer a crime, but a civil infraction punishable by a fine of up to $100. The move comes after the legislature earlier this year passed and Gov. Martin O'Malley (D) signed into law SB 364. Now, 17 states and the District of Columbia have decriminalized small-time pot possession.

Louisiana Poll Shows Little Support for Harsh Marijuana Sentences. A new Public Policy Polling survey released by the ACLU of Louisiana found that 78% opposed sentences of longer than six months for pot possession, 71% opposed life sentences for felons caught with marijuana, and 68% support medical marijuana. Louisiana has some of the nation's harshest marijuana laws, including a sentence of up to life in prison for marijuana possession by a felon and a prison sentence of up to 20 years for repeat pot possession offenders. Simple possession first offense is punishable by up to six months in jail, but 60% of respondents said it should be decriminalized. Click on the poll link for demographics and methodologies.

Medical Marijuana

Georgia Lawmakers to Hear High CBD Cannabis Oil Testimony Today. A legislative panel is meeting today in Lawrenceville to hear testimony from law enforcement, health care professionals, and others about medical marijuana extracts and cannabis oils. This could lay the groundwork for new legislation to be filed next year.

New Mexico Credit Unions Will Close Medical Marijuana Producer Accounts. Some credit unions have sent letters to nearly half the state's licensed medical marijuana producers saying they no longer accept their business and are closing their accounts. The credit unions said they could not comply with federal guidelines. Medical marijuana supporters are demanding to know why.

Drug Policy

Chris Christie Talks Drug Treatment, Ending Mandatory Minimums. New Jersey Gov. Chris Christie, a possible 2016 GOP presidential contender, called Tuesday for making drug and alcohol treatment "more available for everybody" and criticized mandatory minimum sentencing for drug offenses. "With 23 million folks addicted, it's not working," Christie said of the war on drugs. "There's gotta be a separation between the criminal act [of using illegal drugs] and the disease." Click on the link for more details.

Harm Reduction

Pennsylvania Governor Signs Overdose Prevention Bill. Gov. Tom Corbett (R) Tuesday signed into law SB 1164, which has two harm reduction measures aimed at reducing drug overdoses. The bill creates a "Good Samaritan" immunity from prosecution for people helping overdose victims and it makes the opioid overdose reversal drug naloxone (Narcan) more available to police and the public. The new law will go into effect on October 20.

Law Enforcement

Michigan House Committee Hears Testimony on SWAT Reporting Bill. The state House Criminal Justice Committee is hearing testimony today on a bill that would require SWAT teams in the state to report on their activities. The SWAT Team Reporting ACT, HB 4914, would require agencies with SWAT teams to n the number, location, reason, authorization and outcome of all deployments, and to file reports with the Attorney General's office twice a year.


Jamaica on the Way to Marijuana Decriminalization. Justice Minister Mark Golding said today that a bill to decriminalize marijuana has been drafted and should be passed into law before the end of the year. The bill would make possession of up to two ounces a petty offense and would also allow decriminalization for religious purposes, allowing the island nation's Rastafarians to smoke "Jah herb" without fear of arrest.

Chronicle AM: Scary Alaska Marijuana Poll, Maryland SWAT Raids, West Africa Drug Meeting (8/20/14)

An unsettling poll in Alaska, Minnesota medical marijuana mom gets busted, there's money to be made in drug testing, Maryland SWAT teams have been busy, a West African meeting on drugs is underway, and more. Let's get to it:

Marijuana Policy

Alaska Legalization Initiative Trails in Poll. The people trying to legalize marijuana in Alaska are in for a tough battle, if the most recent Public Policy Polling survey is any indicator. That poll, taken at the end of July and the beginning of this month, has the marijuana legalization initiative trailing, 44% to 49%. That's a reversal from PPP's last poll on the topic in May, which had the initiative leading by a margin of 48% to 45%. Neither set of numbers is likely to lead to smiling faces at the Campaign to Regulate Marijuana Like Alcohol in Alaska, the group behind Measure 2.

Washington Attorney General Files Brief in I-502 Lawsuit. Attorney General Bob Ferguson has filed a brief in a lawsuit filed by would-be marijuana business operators seeking to overturn local bans on such businesses. The brief argues that nothing in the state's voter-approved marijuana legalization law overrides the authority of local governments to regulate businesses, including marijuana businesses. In other words, the attorney general is supporting the localities against the marijuana business people.

Stoner Arrested for Growing Pot. Sorry, we couldn't resist (and it's a slow news day). Charlottesville, Virginia, resident Paul Stoner has been arrested by the Blue Ridge Narcotics and Gang Task Force for allegedly growing $10,000 worth of marijuana. He is charged with manufacturing marijuana and possessing a handgun while in possession of more than a pound of pot.

Medical Marijuana

Minnesota Mom Busted for Giving Son Cannabis Oil Too Soon. Although the state this year passed a law allowing for the use of some forms of medical marijuana, it doesn't go into effect until next July. That's too long to wait for Angela Brown, who traveled to Colorado to obtain cannabis oil for her 15-year-old son. Now she is facing two criminal misdemeanors, including child endangerment. The family says it is now considering moving to Colorado so the boy can get his medicine without his mom facing prosecution.

Drug Testing

Big Bucks to Be Made in the Drug Testing Industry, Report Says. The drug testing industry racked up $2.8 billion in sales last year and is expected to continue to grow, according to a new report from industry watcher Kalorama Information. The report, Drugs of Abuse Testing Markets, says the market is expected to crack the $3 billion mark next year. "Continued demand for testing in the workplace in sports and in government and demand for fast reliable new tests and technologies will be the catalyst for sustained growth" said Bruce Carlson, publisher of Kalorama Information."New drugs are also a factor."

Law Enforcement

More Than 6,500 SWAT Raids in Maryland Since 2010. According to data from the Maryland Statistical Analysis Center, which is required to be reported under a state law passed in the wake of the infamous Prince Georges County SWAT raid that killed the dogs of Berwyn Heights Mayor Cheye Calvo, SWAT teams in the state have been deployed more than 6,500 times in the past four fiscal years. That's 4.5 SWAT raids per day. Prince Georges County (suburban DC) carried out by far the most raids, accounting for 31% of all state SWAT raids. About 90% of SWAT deployments were to execute search warrants, but less than half of those warrants were for violent crimes. The available data doesn't separate out drug offenses.


Kofi Annan, Olusegun Obasanjo Meet With Ghanaian President on Drug Policy. The chairman of the West African Commission on Drugs, Olusegun Obasanjo, and its most prominent member, former UN Secretary-General Kofi Annan, are meeting today with Ghanaian President John Mahama to discuss regional approaches to the illicit drug trade in the region. The commission earlier this summer called the drug trade a threat to West African institutions, public health, and development and urged regional governments to reform their drugs laws, including by decriminalizing drug possession.

Chronicle AM -- July 18, 2014

Tens of thousands of federal drug prisoners could get out early after the US Sentencing Commission votes to make guideline reductions retroactive, the Ohio Supreme Court moves to cut some crack sentences, FedEx gets indicted for shipping pills for Internet pharmacies (and not taking a deal with the feds), and more. Let's get to it:

Federal Correctional Institution, Englewood, CO. There may soon be room at the inn. (
Medical Marijuana

New York Medical Marijuana Business Alliance Formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

New Hampshire Advocates to Demonstrate at Statehouse Next Wednesday to Criticize Medical Marijuana Program Delays. Next Wednesday is the one-year anniversary of Gov. Maggie Hassan's signing of the state's medical marijuana bill, but the state's program is beset with needless delays, say advocates, who will gather at the statehouse in Concord next Wednesday to shine a media spotlight on the problem. Click on the link to RSVP.

Northern California Congressman Calls on US Attorney to Go After "Trespass" Marijuana Growers, Not People Complying With State Law. US Rep. Jared Hoffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

New Synthetic Drugs

Alaska Tries New Tactic in Battle Against Synthetics -- Fining Stores That Sell Them. Gov. Sean Parnell (R) Wednesday signed into law a bill designed to block the retail sale of synthetic drugs by defining them as products with "false or misleading labels" and imposing fines similar to traffic tickets on people who sell or possess them. The move comes after earlier efforts to suppress the new synthetics were undermined by manufacturers who adjusted their recipes to avoid lists of banned synthetics.

Law Enforcement

FedEx Hit With Criminal Indictment for Shipping Internet Pharmacy Drugs. A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments. Read the indictment here.


US Sentencing Commission Votes Unanimously for Retroactivity in Drug Sentencing, Could Affect 46,000 Federal Prisoners. The United States Sentencing Commission voted unanimously today at a public meeting to apply a reduction in the sentencing guideline levels applicable to most federal drug trafficking offenders retroactively, meaning that many offenders currently in prison could be eligible for reduced sentences beginning November 2015. Unless Congress disapproves the amendment, beginning November 1, 2014, eligible offenders can ask courts to reduce their sentences. Offenders whose requests are granted by the courts can be released no earlier than November 1, 2015. The Commission estimates that more than 46,000 offenders would be eligible to seek sentence reductions in court. These offenders' sentences could be reduced by 25 months on average. Click on the link for more information.

Ohio Supreme Court Rules Crack Defendants Sentenced After New Law to Reduce Disparities Went Into Effect Must Be Resentenced. The state Supreme Court ruled Wednesday that defendants convicted before laws reducing the penalty for possessing crack cocaine went into effect, but sentenced after they went into effect must be resentenced under the new law. The case is State v. Limoli.


Australia Drug Use Survey Released. The 2013 National Drug Strategy Household Survey, conducted by the Australian Institute of Health and Welfare, was released Thursday. Cigarette smoking is down, youth drinking is down, and so is the use of heroin, ecstasy, and GHB. The misuse of pharmaceuticals is up, and the use of meth remains steady.

Ending Moratorium, Singapore Executes Two Convicted Drug Dealers. Singapore today hanged two convicted drug dealers, the first executions for drug offenses since it imposed a moratorium on them in 2011. Tang Hai Liang, 36, had been convicted of trafficking 89.55 grams (3.2 ounces) of pure heroin and Foong Chee Peng, 48, had been found guilty of dealing 40.23 grams of the same illegal drug. Both are Singapore citizens. They had chosen not to seek resentencing under a 2012 law that abolished mandatory death sentences in some drug trafficking cases.

FedEx Indicted on Criminal Charges for Shipping Internet Pharmacy Drugs

A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments.

FedEx truck, Chicago (
Read the indictment here.

The move comes after FedEx rejected offers from federal prosecutors to cut a deal. FedEx's chief competitor, UPS, settled a similar case last year by agreeing to pay $40 million after being linked to the shipment of prescription drugs by illegal online pharmacies. Both cases were brought by US Attorney for the Northern District of California Melinda Haag. [Ed: Haag is loathed by the medical marijuana community for action taken against northern California providers.]

But unlike UPS, FedEx refused to settle. And now, it is vowing to fight the charges.

"FedEx is innocent of the charges," the company said in a statement. "We will plead not guilty. We will defend against this attack on the integrity and good name of FedEx and its employees."

In the past, the company has said it wouldn't settle because it doesn't believe it has done anything wrong. FedEx argues that it should not be held responsible for the contents of the tens of millions of packages it ships each year. The company has acknowledged that it has been under grand jury scrutiny for several years.

The grand jury indictment accuses FedEx of knowingly shipping prescription drugs for two different online pharmacy operations, both of which were prosecuted by the Justice Department. It accuses FedEx of ignoring warnings about doing so for years.

"The advent of Internet pharmacies allowed the cheap and easy distribution of massive amounts of illegal prescription drugs to every corner of the United States, while allowing perpetrators to conceal their identities through the anonymity the Internet provides," said US Attorney Haag. "This indictment highlights the importance of holding corporations that knowingly enable illegal activity responsible for their role in aiding criminal behavior."

The charges carry with them a sentence of up to five years probation and fines totaling "twice the gross gains derived from the offense," or $820 million. Because no individuals are named in the indictment, however, it's not clear who or what would be on probation if FedEx is tried and convicted.

San Francisco, CA
United States

Chronicle Interview: Drug Policy Researcher Beau Kilmer [FEATURE]

Beau Kilmer is a senior policy researcher at the RAND Corporation, where he codirects the RAND Drug Policy Research Center. His research lies at the intersection of public health and public safety, with a special emphasis on substance use, illicit markets, crime, and public policy. Some of his current projects include estimating the size of illegal drug markets, assessing the consequences of alternative marijuana policies, measuring the effect of South Dakota's 24/7 Sobriety Program on drunk driving and domestic violence outcomes, and evaluating other innovative programs intended to reduce violence. Kilmer's research has appeared in leading journals such as Addiction, American Journal of Public Health, Journal of Quantitative Criminology, Proceedings of the National Academy of Sciences, and his essays have been published by the BBC, CNN, Los Angeles Times, New York Times, Wall Street Journal, and USA Today. His book on marijuana legalization, "Marijuana Legalization: What Everyone Needs to Know" (co-authored with Jonathan Caulkins, Angela Hawken, and Mark Kleiman) was published by Oxford University Press in 2012. Before earning his doctorate at Harvard University, Kilmer received a Judicial Administration Fellowship that supported his work with the San Francisco Drug Court.

Beau Kilmer (
The Chronicle interview took place by phone Wednesday morning.

Drug War Chronicle: What are we learning from marijuana legalization so far in Colorado and Washington, especially about prices, tax rates, and regulatory structures?

Beau Kilmer: With respect to prices, I think it's too soon to make a serious judgment. I would expect them to fall eventually as the number of producers increases and there is more competition. Regarding taxes, there is clearly tax revenue coming in, but not as much as expected, partly because medical marijuana markets don't face the same taxes. These markets are in transition, and there are data lags. It's too early to do cost-benefit analyses, and when the data does start coming in, what happens a year or two from now, good or bad, could be completely different from what happens in five or 10 years.

There are two other things we need to consider in doing a cost-benefit analysis. First, when you hear that factor X or Y has decreased or increased, it's important to ask: Compared to what? People will say that this changed in Colorado, but how did it change or not in other states? This is often outside the capacity of news organizations, but when you hear people making these claims, you need to be asking questions. What about neighboring states? If media organizations did that, it could actually improve the quality of the discussion we're having.

The second thing is, don't forget about alcohol. If people are more likely to use alcohol and marijuana together, you have to worry about driving under the influence. Marijuana impairs you somewhat, alcohol impairs you more, and the interaction between marijuana and alcohol can increase the probability of impairment. On the other hand, if they are economic substitutes, if some heavy alcohol users are moving away from consuming it and consuming more marijuana, that could potentially be a net win for society. There are social costs associated with heavy marijuana use, but the social costs associated with alcohol are much greater -- fatal overdoses, chronic disease, violence. We really need to pay close attention to how legalization influences not only marijuana consumption, but also alcohol consumption. We will be watching this, not only in Colorado and Washington, but also in Uruguay.

Chronicle: How worried do we have to be about marijuana dependence, anyway? Is it any worse for the individual or society than, say, dependence on coffee?

Kilmer: Some people do run into problems. It affects their relationships, their employment, their daily behaviors, and can impose costs on them and some of their intimates. Some of those people may benefit from substance abuse treatment. On the other hand, some users get arrested and diverted into treatment when they don't really need it. Many experts agree that it poses less addictive risk than other drugs, not only in the likelihood of addiction, but also the degree. Having a cannabis use disorder is different from having a heroin use disorder.

When it comes to costs to society, a lot of it comes down to different intangibles. It's hard to quantify consequences, say, in terms of relationships with family members. We reviewed studies that look at marijuana compared to other substances, and when it comes to addiction risk, marijuana seems to be at the bottom of the list. It's not that it's not without costs, but in terms of harms associated with it, there seems to be much more harm associated with cocaine, heroin, or alcohol use disorders.

Chronicle: There are several different legalization models out there -- state monopoly stores vs. private stores, for example. Do you have a favorite model?

Kilmer: I completely understand why some jurisdictions would try something other than marijuana prohibition. There's a lot I don't like about it, especially the collateral consequences, but I'm not sure what the best alternative regime is. What's best for one jurisdiction may not be best for another. It's not clear that one size fits all. My opinion is that I will pay close attention to what happens in Colorado and Washington and Uruguay and some of these other places and use that information to update my opinions about marijuana policy. I hope other people do the same.

It's important to keep in mind that there is a lot of policy space in between prohibition and what we see in Colorado and Washington. There are a lot of options out there. You could just allow home cultivation, or you could do something like production co-ops or collectives. It will be really interesting to watch Uruguay, which has three routes: grow your own, join a co-op, or go to the pharmacy.

From a public health perspective, a state monopoly makes a lot of sense. It makes it easier to control prices and advertising. There is a lot of research that has looked at the state monopoly model for alcohol, and it tended to be better for public health. This model doesn't get a lot of attention in the United States, but there are other jurisdictions that may want to think about it.

The other potential advantage of starting with a state monopoly, is that it gives you more options. If a jurisdiction later decides it wants to allow commercial business, you can transition to a commercial model. But once you go from prohibition to a commercial model with for-profit firms and lobbyists, it gets a lot harder to put that genie back in the bottle. It gets entrenched. That's something to keep in mind.

The commercialization aspect is something we need to pay close attention to. In Uruguay, there is no advertising. The folks in Colorado and Washington are working hard to develop reasonable restrictions on advertising, but with the First Amendment here, we can't ban it.

Sunset laws may be advisable. There is a lot of uncertainty, and we don't know what the best model might be. You could start with a co-op model, try that for five or 10 years, then make a decision about whether to continue or go in a different direction. There are a lot of options, and we don't necessarily have to treat policy changes as permanent.

Another thing jurisdictions will want to think about it designing in some flexibility, especially with respect to taxes. No one knows the best way, and there are a number of different models. Colorado and Washington tax as a function of weight, but you could tax as a function of amount of THC, for instance. The takeaway is that we want to make sure that as we get information, we can incorporate that information in our decision-making about how to tax.

Chronicle: What about eliminating black markets?

Kilmer: You have to think about this over time. No one thinks we're going to eliminate the black market overnight. In both Colorado and Washington, it's been a slow roll-out of the stores, especially in Washington, so you have to look at this over the long run. Also in the long run, prices will fall, and as prices fall, ad valorem taxes based on price will fall, too. That's something else to think about.

Another issue to consider is that we have to remember that depending on where you are in the country, people under 21 will account for 20%-25% of consumption. It will be interesting to see what happens when they catch them, what penalties are imposed on the users and those that supply them. Will it be like the alcohol model or more severe? These are the kinds of issues that can be addressed in new initiatives or legislation.

Chronicle: Where and how does medical marijuana fit into all this?

Kilmer: Good question. It's going to be very interesting to see how this plays out with regard to medical marijuana. In both Colorado and Washington, there were very robust medical markets before legalization. In other jurisdictions, as they write initiatives or bills, will they try to build that in? I don't know what's going to happen.

Chronicle: Where is this all heading? We could have 10 legal states after 2016. Then what?

Kilmer: I guess we'll see how far we get.

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