News Brief

The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority. Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine. The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short. Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable." “This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues. The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.

Gov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions. The bill, SB 254, the Consideration of Crime Convictions for Jobs bill, will remove the question of public job applications about whether a person has been convicted of a felony, leaving such questions for the interview stage of the hiring process. The bill applies to job application for state, local, or federal public jobs. It does not apply to private sector employers. It passed the Senate 35-4 and the House 54-14. Known as "ban the box," such bills are designed to allow ex-convicts a better opportunity to re-enter the job market. Having a job is a key means of reducing recidivism. The measure passed the Senate 35-4 and the House 54-14. New Mexico now becomes the second state to pass such legislation. Minnesota passed a similar measure in 2009. Some cities, including Boston, Chicago, Minneapolis, and San Francisco have passed similar measures as well. "Lots of young people - and old people, too - have that one stupid mistake they made years ago," said Republican Sen. Clint Harden, a former state labor secretary who sponsored the bill. The bill gives them a chance to explain before they are shut out of the hiring process: "Yeah, I had a felony when I was 22, I got caught for possession with intent, I did probation, that was 15 years ago, and I don't do drugs now and yadda yadda," he told the Associated Press late last month. "We thank Gov. Richardson for signing the 'ban the box' bill," said Julie Roberts, acting state director of Drug Policy Alliance New Mexico. "The governor and the New Mexico legislature affirmed their support for people with convictions to be given this opportunity for a second chance. This bill will make our communities safer and keep families together by providing job opportunities to people who need them most." One in five Americans has a criminal record, and Roberts is one of them. She had a drug bust at age 18. "Since then, I've gone to college, I have had internships, I haven't been in trouble for eight years but I still have to check the box," she said. "There's a lot of people like me. This new law will allow individuals who are qualified for a position the chance to get their foot in the door," she said. "As a person with a criminal conviction, this law will not only help me, but others around the state who made a mistake years ago and are now rebuilding their lives." In addition to the Drug Policy Alliance, the bill was supported by the New Mexico Conference of Churches, the Lutheran Advocacy Ministry of New Mexico, the New Mexico Public Health Association, the Women's Justice Project, and Somos Un Pueblo Unido.

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.

The Iowa Board of Pharmacy voted unanimously Wednesday to recommend that state lawmakers reclassify marijuana as a Schedule II controlled substance and set up a task force to study how to create a medical marijuana program. Medical marijuana bills have failed to move in the state legislature, but the board's action could help spur forward momentum. Similarly to the federal Controlled Substances Act, Iowa law currently classifies marijuana as a Schedule I drug with no proven medical use and a high potential for abuse. By recommending that marijuana be rescheduled to Schedule II—a potential for abuse, but with accepted medical use—the board acknowledged the herb's medical efficacy. Given the board's initial reluctance to take up the issue, the unanimous vote comes as something as a pleasant surprise to advocates. In May 2008, Iowans for Medical Marijuana founder Carl Olsen petitioned the board to reschedule marijuana, arguing that the evidence did not support its classification as Schedule I. The board rejected that request, and Olsen, three plaintiffs, and the ACLU of Iowa sued to force it to reconsider. (See the filings in the case here). Last year, a Polk County judge ordered the board to take another look at the matter. The board again declined to reclassify marijuana, but did agree to a series of four public hearings. It was after those hearings, which were packed with medical marijuana supporters, and after a scientific review of the literature, that the board acted this week. In doing so, it becomes the first state pharmacy board in the nation to take such a step before voters or lawmakers have legalized medical marijuana. The board's action also puts it squarely in line with popular sentiment in the Hawkeye State. According to an Iowa Poll released Tuesday, 64% of Iowans want medical marijuana to be legal. Now, if only the legislature will act on the recommendation of the board and the will of the voters.

English authorities announced Wednesday that a Blackpool heroin user died of anthrax, making him the first fatality in England from what is apparently a batch of heroin contaminated with anthrax. The bad dope has been blamed for nine deaths in Scotland and one in Germany since the outbreak began in December. The anthrax fatality announcement from the National Health Service (NHS) in Blackpool came just five days after the Health Protection Agency issued a statement warning that a female heroin user in London had been hospitalized with anthrax. The spate of anthrax cases among heroin users is baffling police and health experts, who have yet to actually come up with any heroin samples containing anthrax spores. There is speculation that the heroin could have been contaminated at its likely source in Afghanistan, perhaps from contaminated soils or animal skins, or that it was present in a cutting agent added there or at some other point on its transcontinental trek to northern Europe. The cases in Germany and England have no known link to those in Scotland, leading to fears that tainted dope could be widespread. On the other hand, the numbers infected remain relatively small. Although harm reductionists and drug user advocates have called for measures including public information campaigns among users, swift access to drug treatment, and making prescription heroin more widely available, British health officials continue to do little more than tell users to quit. Dr. Arif Rajpura, director of public health at NHS Blackpool, was singing from the same official hymnal this week. He repeated warnings for users to stop using and advised them to be on the lookout for symptoms of anthrax, including rashes, swelling, severe headaches, and high fevers. "Heroin users are strongly advised to cease taking heroin by any route, if at all possible, and to seek help from their local drug treatment services. This is a very serious infection for drug users and prompt treatment is crucial," he said.

Ibogaine advocate Howard Lotsof, 66, died January 31 in Staten Island, New York. Liver cancer killed him. In 1962, Lotsof, a Bronx native, was strung out on heroin when he ingested a sample of the West African psychoactive substance ibogaine. Rocked by the hallucinatory experience, Lotsof was even more stunned when he realized that after ibogaine he no longer felt compelled to use heroin. For 20 years after that, Lotsof went about his life in the television and movie business, but when an accident cut that career short, he returned to ibogaine and began working to make it available as an addiction treatment. In 1986, he founded a company, NDA International, and began treating clients in Amsterdam. Lotsof originated numerous patents for ibogaine in treating addictions and provided data to the National Institute on Drug Abuse that laid the groundwork for still ongoing research on ibogaine and its use as an anti-addictive substance. More than 60 peer-reviewed scientific papers on ibogaine have been published so far. Thanks almost entirely to Lotsof and his supporters, including Dana Beal and Cures Not Wars, an international network of ibogaine clinics is now in place and treating addicted clients. Lotsof was not a doctor or scientist—his college degree was in film—but an outsider who still managed to bring ibogaine in from the cold and win it academic and scientific respect. He will be missed.

The Washington state Senate Friday passed SB 5516, the 911 Good Samaritan Act, on a vote of 47-1. One member was absent. The bill now goes to the House. The measure provides immunity from prosecution for drug possession offenses for overdose victims and people who seek medical assistance for overdose victims. It does not grant immunity from prosecution for drug distribution offenses. It also allows expanded access to naloxone, a powerful opiate antagonist that can bring people back from the brink of death from overdoses in a matter of moments. The bill comes as the number of drug overdose deaths in Washington state have increased from around 403 in 1999 to 707, or nearly two a day, in 2006. Drug overdose is now the second leading cause of accidental death in the state, second only to traffic accidents. The bill was opposed by the Washington Association of Prosecuting Attorneys, who argued that because there was no budget for publicizing the bill, it would not affect drug-taking behaviors, and thus would be no more than another complicating factor in drug prosecutions. Drug overdose fatalities now outrank traffic accidents as the leading cause of accidental deaths in more than a dozen states. But only one state, New Mexico, has approved a Good Samaritan law. Now, perhaps Washington will be next.

The Conservative federal government of Prime Minister Stephen Harper will ask the Canadian Supreme Court to overturn a provincial court ruling that okayed Vancouver's InSite safe injection site. Justice Minister Rob Nicholson said the government will appeal because the case raised important questions about the division of powers among the federal and provincial governments, the CBC reported Tuesday. InSite in the only supervised drug injection site in North America. It has been in place since 2003, when British Columbia health authorities won a temporary exemption from Canada's federal drug law. While the then Liberal government approved, the now governing Conservatives do not. InSite originally won a three-year exemption from the federal drug law. Under tremendous pressure, the Conservatives grudgingly gave InSite a 15-month extension, then extended it to 22 months ending in June 2008. But fearing the Conservatives' intentions, InSite operator the Portland Hotel Society, the Vancouver Area Network of Drug Users (VANDU), and two InSite clients filed a lawsuit in the BC courts seeking to have the provincial government, which under Canadian law is responsible for health care, declared the sole authority over InSite—not the federal government and the federal drug laws. InSite and its supporters won in the BC Supreme Court in 2008 and won again last month in the province's highest court, the Court of Appeals. It is those decisions, which puts decisions on whether to keep InSite open firmly in the hands of BC health officials, that the federal government now seeks to overturn. In his remarks Tuesday, Justice Minister Nicholson said nothing about shutting down InSite, instead saying the appeal was about clarifying provincial versus federal powers. "The case we'll be presenting before the court is to ask for clarification," he said. "I think it is important to do that." But Portland Hotel Society director Mark Townsend was running out of patience with the Conservatives. "The courts have now ruled twice in favor of InSite," he said in a statement Tuesday. "Last time, they thought the feds were so out of line they made them pay all the costs. We wish Stephen Harper would stop wasting court time and the taxpayers' money and start helping to solve the drug problem in our community."

The Los Angeles City Council voted 9-3 today to approve a medical marijuana dispensary ordinance that, if enforced, will shut down more than 80% of the city's estimated nearly one thousand dispensaries. The ordinance also bars dispensaries from operating within a thousand feet of schools, parks, day care centers, religious institutions, drug treatment centers, or other dispensaries. The ordinance allows for only 70 dispensaries to operate in the city, but grandfathers in 137 dispensaries that were licensed before the council imposed a moratorium on new dispensaries. The number of allowed dispensaries could shrink even further if suitable locations that do not violate the 1,000-foot rule cannot be found. With this vote, the city council will effectively push thousands of dispensary employees onto the unemployment rolls. Look for a feature article on the council vote and its ramifications on Friday.

Stunned at the rapid increase in the number of registered medical marijuana patients in the state, the Colorado Senate voted overwhelmingly Monday to impose new restrictions on physicians who make medical marijuana recommendations. The Senate voted 34-1 to pass SB 109. Sponsored by Sens. Chris Romer (D-Denver) and Nancy Spence (R-Centennial), the bill would require physicians who make medical marijuana recommendations to have a "bona fide" relationship with patients, including treating a patient before he applies for medical marijuana, conducting a thorough physical exam, and providing follow-up care. The bill would also bar doctors from being paid by dispensaries to write recommendations and require that they not have any restrictions on their medical licenses. Doctors would have to keep records of all medical marijuana recommendations and provide them to state health agencies seeking to investigate doctors for violating state laws. The bill would also require persons between 18 and 21 to get recommended by two different physicians. Colorado began registering medical marijuana patients in June 2001 after voters approved a constitutional amendment legalizing its use. For years, the number of patients hovered around 2,000, but after state courts last year threw out a regulation limiting the number of patients caregivers could provide for to five and the Obama administration signaled that it was not going to interfere in medical marijuana states, the numbers exploded. By last September, there were more than 17,000 registered patients, and now the number is near 40,000. A similar boom has gone on with dispensaries, with Colorado now second only to California in their numbers. The bill was supported by Colorado law enforcement and the Colorado Medical Association, but was opposed by most medical marijuana patients and providers. "This is the beginning of the end of the Wild West" for the state's booming medical-marijuana industry, said bill sponsor Sen. Chris Romer. "This bill is an unprecedented assault on the doctor-patient privilege that would hold medical marijuana doctors to a higher standard than any other doctor," medical marijuana attorney Robert Correy told lawmakers. "This would cause human suffering. The most sick and the most poor would be disproportionately harmed. You're going to see the Board of Medical Examiners conducting witch hunts against medical marijuana providers." The bill now moves to the House.